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2019 RESOLUTIONS
2019 Resolutions 19m89 - 19-1 13 2of2 I'�Y1]11y� [1]►f L'3II] A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A CHANGE ORDER REGARDING THE TOWN OF FIRESTONE AND PLM ASPHALT AND CONCRETE LLC , S AGREEMENT REGARDING THE WOOSTER AVENUE STREET REPLACEMENT PROJECT WHEREAS, in the course of PLM Asphalt and Concrete LLC's ("Contractors") performance of work on the Wooster Avenue Street Replacement Project ("Project"), Town staff became aware of pavement concerns regarding Berwick Avenue; and WHEREAS, through a geo-technical analysis, the Town confirmed that Berwick Avenue is in need of replacement and associated curb and gutter work; and WHEREAS, Contractor is currently staged within the Town and has the skill and experience to perform such work; and WHEREAS, staff recommends that, in accordance with Section 6.2 of the Contractor's Agreement with the Town. the Board of Trustees approve a Change Order authorizing the Berwick Avenue work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Board of Trustees hereby approves the Change Order concerning the Town of Firestone and PLM Asphalt and Concrete LLC's Agreement, and thus authorizes the replacement of Berwick Avenue and associated curb and gutter work, and authorizes the Mayor to execute the Change Order. INTRODUCED, READ AND ADOPTED this 25th day of September, 2019. �TOIr N �. �� o �r s �� Pf 0 ATTEST: Ty G� kj\ Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO T J L A m --_ B-Jbi Sinde a Mayor a AS TO FORM: Will Hayashi, Town Attorney Date of Issuance: September.19, 2019 r1 uJeGl. luwil uE ra vmuf le YYUUJIel, Avenue Street Replacement SECTION 00941 CHANGE ORDER No.1 Effective Date: September 26, 2019 3 Owner's Contract. No.: 100.8000.1000.000.221 Contract: Date of Contract: Construction Services July 10, 2019 Contractor: Engineer's Project No.: 0668.0184.010 PLM Asphalt & Concrete, LLC The Contract Documents are modified as follows upon execution of this Change Order: Description: See Attached detail. Attachments (list documents supporting change): Items No 1 & 2, and design Sheet 15 (Berwick Avenue Site Plan) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT. TIMES: Original Contract Price: Original Contract Times: 0 Working days ® Calendar days Substantial completion (days or date): October 18, 2019 $ 376,704.00 Ready for final payment (days or date): Oclolier 25, 2019 Increase from previously approved Change Orders No. 0 ..Increase from previously approved Change Orders to No. 1: No. 0 to No. 1: Substantial completion (days): 0 $0 Ready for final payment (days): 0 .. Contract Price prior to this Change Order, Contract Times prior to this Change Order: Substantial completion (days or date): October 183 201E $376,704.00 Ready for final payment (days or date): October. 25, 2019 Increase of this Change Order: Increase of this Change Order:.. . Substantial completion (days.or date): November 8. 2019 $127,527.60 Ready forfinal payment (days or date): November 15, 2019 Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): November 8. 2019 504 231.60 Ready for final payment (days or date): November 15, 2D19 RECO MENDED: ACCIPAE ACC PTE By: By. By: d 1 gineer (A h ize Signature) Inner (Aut zed Signa Ure ntractor (A ed Signature) Date: Date: +'c��J' )� Date: Approved by PundiAgency (if applica6e): R�zaf�y Date:. _ _ EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. 00941-1 of 3 DESCRIPTION: Item No. 1.— NET CHANGE = 1127527 60 An immediate necessity. to address a failing road (Berwick Avenue) came to the forefront of Public Works necessary improvements. A design plan was prepared for the improvements and PLM Asphalt & Concrete, LLC (PLM) was asked to prepare a proposal for the additional work. Public Works is asking PLM to complete the improvements in order to ensure they get completed. this year. The change order project line items are shown below. BERWICK AVENUE STREET REPLACEMENT Item Description REMOVAL & REPLACEMENT :. Bid 28 . ASPHALT/CONCRETE SAW -CUT LF 72 $2.60 $187.20 29 ASPHALT REMOVAL SY, 2,970 $3.30 $9,801.00 30 CONCRETE REMOVAL SF : 174 $390 $678.60 SUBTOTAL $10,666.80. . EROSION CONTROL & EARTHWORK 31 ROCK SOCK EA 3 $180.00 $540.60 32 CONCRETE WASHOUT AREA . EA 1 $805.00 $805.00 33 . STRIP TOPSOIL (4" DEPTH) CY 5.6 $45,00 $252.00 34 CUT CY 506 $15.40 $7,792.40 SUBTOTAL $9,389.40 UTILITIES 35 ADJUST VALVE BOX EA 2. $460.00 $920.00 36 ADJUST SANITARY SEWER MANHOLE LIDS EA 4 $345.00 $1,380.00: SUBTOTAL $2,300.00 ROADWAY CONSTRUCTION 37 SUBGRADE PREPARATION- SOIL STERILIZATION SY 3,021 $3.65 $11,026.65 38 HAUL & GRADE RECYCLED ASPHALT MATERIALCY (6" DEPTH) 495 $27.60 $13,662.00 39 ASPHALT PAVEMENT (4" FULL DEPTH) SYI 11,880 $4.35 $51,678.00 40 6' CROSSPAN EA 2 $2,642.OD $5,284.00 41 CROSSPAN TOE WALL CY 1.5 $1,205.00 $1,807.50 42 CURB RETURN WITH HANDICAP RAMP EA 1 $3,237.00 $3,231.00 SUBTOTAL $86,695.15 MISCELLANEOUS 43 TRAFFIC CONTROL LS 1 $12,095.00 $12,095.00 44 MOBILIZATION (5%) LS 1 $6,381.25 $61381.25 SUBTOTAL $18,476.25 TOTAL CONSTRUCTION CHANGE ORDER COST $127,527.60 EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. 00941-2 of 3 EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. 00941-3 of 3 Yswnr.t fa bj� BERMQK AVENUE REMOVAL PLAN BERWICK AVENUE REPLACEMENT PLAN LCCEND .:� �T PAv TWT R WY © ASPxAT Rm/,ee]IExr K. MW HANotr:AR xAAr IsEE uiNl SHEET �zS u� ® ROpI SOCJf (PER .'AR, gi[L] I1J +... ASRMILT / COxfFEIE SAYCUT CID ne.usT vuvE eva ® AwusT sAxrtneY srnET u.»ISE uw NOTES curm.cTER vIAEI. PROVIG[ TOOIID oR sAYEn �+ � sET:xAx .HT WRH s WTTOI R.En.Am Tirt xEw stcRrAR AIo aws suut%uATaI THE Ewsrxe mExAu uro � ee aria rRmc r�xa Pen Tp]m of rwEsrdc sxancATcres. 2 AxY ESO55Tue uTRIT&5, EExaIS eumsGPntc, Mf£5. ZTAINMI. eTTIGATICII. [YtlYEYlATS/AC255 R 5, PY Rwoxn+S ETG- EISRReS[O OR RpmTrT WxssRuniox ACT.ACT sxALL BE IRPIA® CWpTfil HY TIE [fJNACTpt 3 1AITT EaxsTRucrRal 11tEA SXALL BE W Y �A-Y MY — — e Am.nw. To xRe`ExT - w A —A, RAW4f]R 1DAAE£alT T� TIE W4Tm "C texx .eeauT i Irc rtm fxOY sib calslxuclw� vTc 0. n11 VSllllCe SxALL t[ KRIFIED PRR1R 10 TIr 1pxx CYuii[ne� n � PaTM[xniy mINCTS � xosci e. TxE T SxAL PR051GE srANNIG W A[GpIE IYTN PRoccT R uawu ix GREET Ta ESYA41oI anoxnI ..IvaIE,+T ], ClW1NACTpI SHALL YnTClI TIE Eftl5Te16 [AIRB. WTIER AM SelEx4le M TIE RETYAE —T SEGiIONS CWeRa � gGL� ocTAIIXs m'M ACxp55, ETER TO OWOIETE e, ST. MNII SMIITATCM d51flR:T xLL ETdPH1E ll[ CpxIRACIOq xEx yRUTARv SETRA YAxxO-E u5 /�x� CTOTTI 'IT'.W11 NE%T TD xZ1 eE' =AC=S RESPpryHErtt TO R w -OA - Og o< TxE [xesnxOr SExER YwHpEY Ab.sIYExsS. Rw-Np[ xI1E HE REWtl1Fn EEIKEx EAdI LRAHE RU1G ANH eEMTEn iME GRALK RMG AIID L044R. _ CROSSPAN TOEWALL DETAIL r PAVEMENT SECTION r aR wars FIRf=STONE II o-�i•RAexaxE wcx ox oRCRw ouARxc N a9� Z W W W u z W z W W t�ui c ui Li Ly t^ W z = Q W U u W W m un 02 15 15 LEGEND AyPHALI VAVfyUNT REMOVAL �'84148t. r �r - �.. �_ �- a.� __ _,,, "� _ r t �.___.�--r•�. i - t y �. ASPHALT REPLACEMENT STRIP TOPSOIL NEW HANDICAP RAMP SEE DETAIL SHEET 12 I HCR ( i ' { I =:F. # � 3 �.. �'.ir.�r .► f-�: T ® QM} ROCK SOCK (PER DETAIL SHEET 13) " e'v � '�',�yiL'-S�.s �l •�.e _`A_ wL .�'C � *`v )� , � � 1.... ' ' i � - : - - - . 7,y', �CJ ASPHALT/ CONCRETE SAWCUT d •' . / � / , 7L r� r -.v-�- •"�_y a` ^� Esn' �� ADJUST VALVE Box -- 4 j _ y -4- } J i y��, � 1 f _ - - - - 1 ADJUST SANITARY SEVER MANHOLE LIDS •# Alt iL oio 3"� J. NOTES ' "-,i" i - - 1F, f . } ��: 1. CONTRACTOR SHALL PROVIDE TOOLED OR SAWED JOINTS IN ALL 0 i t ,%� +�� - _ y d ""�yl SIDEWALK AND CURB d GUTTER REPLACEMENT SECTIONS. THE NEW SIDEWALK AND CURB h GUTTER SECTIONS SHALL MATCH THE1N EXISTING FIRESTONE SIDEWALK AND CURBS& GUTTER PROFILE AND PER 2. ANY DnTING UTILITIES. FENCING. LANDSCAPING. TREES. `\ �? t'3 .� • T ' t% y •90 _� VEGETATION. IRRIGATION, DRIVEWAYS/ACCESS ROADS PUBLIC r U _ ♦.; t,. •` w - w ,ems �A r •`` I[(/ r� r -ROADWAYS, ETC. DISTURBED OR REMDVF.D DURING CONSTRUCTION z z "IL AN ACTIVITIES SHALL BE REPLACED TO EIfISTiNG CONDITION BY THE a F $ _ ' - _' si, Pv ^ ! �. ` x CONTRACTOR. .o m O f r Il ,. p = w .P \, �I' �f 3. THE CONSTRUCTION AREA SHALL BE WATERED AND MAINTAINED J U Of z AT ALL TOMES DURING CONSTRUCTION ACRN7I S TO PREVENT in p WIND -CAUSED EROSION AND DUST. z E .� \a .:;T�::-,c.i.•. la t ��^^ri.> ,...I- ..^,�j`y�� o ;U;, P r Xl�, [7 p N y - 4. THE ASPHALT PAVEMENT ADJACENT TO THE CONSTRUCTION AREA SHALL � 1 .. LEr .pti ^:o i ' k � TOWN THATSEOIMENTS INS EDBEING ED IF IT IS DETER TRACKED MIfROM ED Y THE THE W = g M -! -I CONSTRUCTION SITE. r z $ o 5. ALL UTILITIES SHALL BE VERIFIED PRIOR TO THE INSTALLATION OF ANY IMPROVEMENTS" THE CONTRACTOR SHALL NOTIFY THE TOWN ENGINEERICT5. OF ANY POTENTIAL CONT . m 8 I • }'- � 6. y,'- rk- ,y l `1e• 1 ~ a A �GMN�RDSANWCE LITH ETPRSHALL IOE to EST9SHROADAYY ALIGNMENT IK AND SUSGRADE ELEVATIONS " • j 1 . _ '� � 4' a' >r -a' x� C Mt -e" +� -e" w_ -8' rL -8- rl e- >r - e• e� -�-» 7. CONTRACTOR SHALL MATCH THE EXISTING CURB. GUTTER AND SIDEWALK DI THE REPLACEMENT SECTIONS. CONTRACTOR SHALL STRAIGHT GRADE ACROSS. REFER TO CONCRETE DOWEL JOINT W DETAIL SHEET 12. BERNICK AVENUE REMOVAL PLAN 6. ST. MAIN SANITATION DISTRICT WILL PROVIDE THE CONTRACTOR WITH NEW SANITARY SEWER MANHOLE RIMS AND COVERS FOR r e THE PROJECT. THEY WILL BE DELIVERED TO THE STAGING AREA V NEAT TO TOWN HALL. IT WILL SE THE CONTRACTOR'S RESPONSIBILITY TO REMOVE AND DISPOSE OF THE EXISTING RIMS -� --- - -�,,:- AND COVERS METAL SHIMS ARE ACCEPTABLE FOR SANITARY s 1 ay J I M%4. 17 SEWER MANHOLE ADJUSTMENTS, RAM-NEK WILL BE REDULRED - f BETWEEN EACH GRADE RING AND BETWEEN THE GRADE RING Z W + i. - 'l ' I• I' ,... } ti l ! - - # # E S 4 AND COVER. H L CROSSPAN TOEWALL DETAILui H W Ui rI # 1 ' i ;T • '�_. :L,,.. _ _ Y �' i STANDARDOI�AN PER ce �` '.._..i. .ffi 2 rj��j/,1!.•-4� 1 i,� I ---,...• .y �r a aro65PAM w w�uL�� ' DUAL 9EEr li r y 1=11• lR R. > - � ��/� Z 4� GGGiii f e I �,/ •illl -v~�-� Y ..•...• Y ■ W Q W a4 mnwtian To erssAu �60' BAN w/[OEwN-L - CONCRETE 01, NOT i IQ Af>a1ITO E OVER O-A NOT 10 BE 04FADCCAYAlEO N �'�"'� .` = ~ l��•- -\j --- „ _ PAVEMENT SECTION Q sl_Po eF73/2' ce W v a 'J ��: ���. � �, i�-• yqQ Y sic a�Wt m L �r L i _ 1 6' RECYCLED ASPNAL n 4 ■ ,! - a ♦ pj , a 3 1 ems, ,•-, �� �'�\ ` _ _ . l �:;;>._ e• ,, { FIRESTONE •8l� \ e, "'�Y�� -.'_� r = ��•4'^-"--� - �j I'� � � � .@, a coxxuNirr rar MorroN LJ.3ti�' r" -I .`��� ti�[.. - �•i T1¢urum wnrrAigH CERReamu>,vm ti e"IA-e"+ta-eL--.�a-In-e'eL�Ye-w-e^a-a'eC a•In e-a- e ll 0668-0194.101 PLAN DL31GrkD LIG olEcxm: DBL JOB ND: 0669.01 84.08 stole 1 "-40' DATE: IUNE2019 a ors BFfdPE nw me .m. + •.v ell =l--=.2y-1 SBI SHEEP: r.,r .ux¢ 13ERWICK AVENUE REPLACEMENT PLAN o ®I- BAR IS ONE INCH ON ORIGINAL DRAWING OF 15 F-IRZT11-RolM.M A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN AND FIRESTONE AND ABS CONCRETE INC FOR CONCRETE REMOVAL AND REPLACEMENT SERVICES WHEREAS, the Town of Firestone ("Town") desires to ' engage ABS Concrete, - Inc. ("Contractor") for the purpose of providing concrete removal and replacement services at Settlers Park, Stone Ridge Park and Hart Park ("Project"); and WHEREAS; the Town finds that the Contractor has the expertise, qualifications, and experience necessary to perform the required Project work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The Agreement between the Town of Firestone and ABS Concrete, Inc. for concrete removal and replacement services at Settlers Park, Stone Ridge Park and Hart Park is hereby 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 City. 2. The Board of Trustees authorizes the Director of Community Resources ("Director") to amend within the approved cost the Agreement's Scope of Work as the Director deems necessary to ensure that the most essential Project work is completed. INTRODUCED, READ AND ADOPTED this 25th day of September, 2019. STO�F TOWN {SEAL ATTEST: Leah VanaTsdall, Town Clerk AS TO FORM: WilliaYi IN Fayashi, Town Attorney T WN OF FIRESTONE, COLORADO ca bi Sin r, Mayor Project:_ Contractor: Total Cost: Term: FIRESTONE i C O L O R A D O TOWN OF FIRESTONE GENERAL CONTRACT FOR GOODS AND/OR SERVICES (SHORT FORM) THIS AGREEMENT ("Agreement"), is made this 25th day of ,September, 2019, between the Town of Firestone, a Colorado statutory municipality, hereinafter referred to as "FIRESTONE," and ABS Concrete, Inc,, as independent contractor, hereinafter referred to as "CONTRACTOR," and provides as follows: ARTICLE I SCOPE OF SERVICES Section 1.1 Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the goods and to perform and complete the work, personal services and/or furnish 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 ofthis 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: CONTRACTOR shall commence work upon direction to proceed from FIRESTONE and complete the Project on or before October 31, 2019. Section 1.3 Independent Contractor: CONTRACTOR shall at all times control the means and manner by which CONTRACTOR performs the work, subject to FIRESTONE's right to monitor, evaluate and improve such work. CONTRACTOR shall at all times be and act as an independent contractor and not as an employee of FIRESTONE. Section 1.4 Warranty of Contractor: CONTRACTOR warrants that title to all goods, materials and equipment covered and paid for under this Agreement will pass to FIRESTONE, either by incorporation in the Project or upon the receipt ofpayment by CONTRACTOR, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, and that no services, General Contract for Goods and/or services (short Form) (Rev. Jan 2018) Page 1 goods, materials or equipment paid for under this Agreement will have been acquired by CONTRACTOR, 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 CONTRACTOR or such other person. CONTRACTOR warrants 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 CONTRACTOR, FIRESTONE shall pay CONTRACTOR (check and initial below as applicable): ® A fixed sum of $19,820.00. ❑ 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 ❑ As described in Schedule A. Section 2.2 Pa +ymeni: FIRESTONE will make payment due to CONTRACTOR for compensation for completed work within thirty (30) days after invoices submitted by CONTRACTOR, 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 CONTRACTOR 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, CONTRACTOR agrees that FIRESTONE is entitled to set off any amounts it may owe CONTRACTOR under this Agreement against such claims for indemnity or recoupment. Section 2A No Multi -Year Fiscal Obligation. Nothing herein shall constitute amultiple 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 Tow 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. Jan 2018) Page 2 appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR 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 project, 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, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices ofthe industry and warrants that all materials incorporated in the Project be free #1-om defect of material or workmanship and conform strictly 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 CONTRACTOR 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 contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by CONTRACTOR 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 CONTRACTOR, (2) Notwithstanding the provisions of Section 3.2(a)(1) above, FIRESTONE may utiliz:, any such documents generated in connection with the Project by CONTRACTOR for other projects, provided that CONTRACTOR 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 (contractors, suppliers, etc.): (1) Any documents prepared by CONTRACTOR, 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 contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the General Contract for Goads and/or Services (Short Form) (Rev. Ian 2018) Page 3 documents prepared by the CONTRACTOR 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 CONTRACTOR. (2) CONTRACTOR, and any subcontractor 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 Project or 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 CONTRACTOR for other projects, provided that such design professional and CONTRACTOR 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 CONTRACTOR to a third party or use any such documents in a manner adverse to the CONTRACTOR. Section 3.3 Insurance: CONTRACTOR 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 Iimits of One Million Five Hundred Thousand Dollars and No Cents ($1,500,000,00) 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 contractors, 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 Five Hundred Thousand Dollars and No Cents ($1,500,000.00) 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 CONTRACTOR'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 subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. General Contract for Goods and/or 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 CONTRACTOR 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 listed in standard liability insurance manuals, which most nearly reflect the operations of CONTRACTOR. 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. CONTRACTOR shall be responsible for notifying FIRESTONE within five (5) business days of any material modification to, or cancellation of, these policies during the tern 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: CONTRACTOR shall defend, indemnify and hold harmless FIRESTONE and its officers, officials, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in paid, by any negligent, reckless or intentional act or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. Section 3.6 Subcontractor: CONTRACTOR shall, as soon as practicable afterexecuting this Agreement, notify FIRESTONE in writing for FIRESTONE's approval, of any subcontractors who may be involved in the Project and the general scope of work to be performed by each subcontractor. FIRESTONE may, in its reasonable discretion, reject any proposed subcontractor, in which case CONTRACTOR shall either perform such component or the work itself, or secure a subcontractor acceptable to FIRESTONE. General Contract for Goods and/or Services (Short corm) (Rev. don 2018) Page 5 Section 33 Termination for Convenience: This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to the CONTRACTOR. In the event of termination, FIRESTONE will pay CONTRACTOR for all services satisfactorily performed and for goods provided to date of termination. Ifpayment _s otherwise due in a fixed sum, FIRESTONE will pay CONTRACTOR for the pro rata value of the completed portion of the Project. If, however, CONTRACTOR 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. Section 3.8 Binding Effect/Non-Assi abili :FIRESTONE and CONTRACTOR 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 CONTRACTOR 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: Contractor 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) CONTRACTOR 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 CONTRACTOR 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) CONTRACTOR 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 subcontractor that fails to certify .to the CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. c) CONTRACTOR 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 peiform. work under the public contract for services through participation in either the E-Verify Program or the Department Program. d) CONTRACTOR 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. General Contract for Goods andlor Services (Short Fonn) (Rev. San 2018) Page 6 e) If CONTRACTOR obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: 1) Notify the subcontractor and FIRESTONE within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor ifwithin three days of receiving the notice required pursuant to sub -subparagraph (B)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f) CONTRACTOR 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 CONTRACTOR violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR 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: Town of Firestone 151 Grant Avenue./P.O. Box 100 Firestone, CO 80520 Attn: Julie Pasillas Telephone:303-531 -6258 Facsimile:303-833-4863 E-mail: jpasillas@firestoneco.gov CONTRACTOR ABS Concrete, Inc. 1935 Blue Mountain Road Longmont, CO 80504 Attn:Alex Bustillos Telephone:720-43 8-1818 Facsimile: E-Mail: aleiandrobustillos@live.com General Contract for Goods and/or services (short Form) (Rev. Jan 2018) Page 7 ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 4.1 Project Materials/Confidentiality: FIRESTONE shall provide CONTRACTOR with data, information, reports and other such documentation as maybe reasonably available to FIRESTONE, and reasonably required by CONTRACTOR to perform services under this Agreement. No information shall, unless as required by law, be disclosed by CONTRACTOR to third parties without prior written consent of FIRESTONE. All documents provided by FIRESTONE to CONTRACTOR shall be returned to FIRESTONE. CONTRACTOR is authorized by FIRESTONE to retain copies of such data and materials at CONTRACTOR'S EXPENSE. Section 4.2 Access to Propgty and Records: FIRESTONE shall provide CONTRACTOR with access to its property as required and necessary to complete the Agreement. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related 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, etseq. CONTRACTOR 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 Representative: 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 CONTRACTOR's services. Section 4.4 Verbal A •eement 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 CONTRACTOR to any additional payment whatsoever under the terms of this Agreement. ARTICLE V MISCELLANEOUS 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 Counterparts. This Agreement maybe 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. Se aerabiIity: If any term, covenant, or condition ofthis Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remainingprovisions of General Contract For Goods and/or services (Short Form) (Rev, Jan 2018) Page 8 this Agreement shall be binding upon the parties. Section 5.5. Entire Agreement: 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 any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. TOWN OF FIRESTONE By: Name: 0b&� S+ ode I0-Q z?Title:.a+10 " CONTRACTOR By: Name: Title: Date: General Contract for Goods and/or Services (short Form) (Rev. Jan 2018) Page 9 W� WAZON 0; W�IWA 0, " W/ Title - Date; SCHEDULE A (Attached to and made a part of the .Agreement, between the Town of Firestone ABS Concrete, Inc. for concrete removal and replacement at Settlers Park, Stone Ridge Park and Hart Park.) C,mrnl Contrax.t for GoodR and/or Services (Shore Form) (Roy. Jan 2019) Page i 1 7. x CinanTGas'nP -OUT WV91 UV9Tn e.9UTT0,71M WJ c�':cn !7.-Fn-ET.n7 SCHEDULE A (Attached to and made a part of the Agreement between the Town of Firestone ABS Concrete, Inc. for concrete removal and replacement at Settlers Park, Stone Ridge Parr and Hart Park.) General Contract for Goods and/or Services (Short Form) (Rev. Jan 201 &) Page 10 ABS Concrete Inc. Alex BusdUos Q20) 438 - 1818 live.corn TO Chuck Bradt Town of Firestone — Parks and Trails ESTIMATE DATE: DULY 31, 2019 1,408 sq,ft. Remove and replace Sidma1, compact SubgEade, dowel $, into misting coconcreteconcreteat 24", Qq, l\fix at 6" depth $10.00 14080.00 Iqe P l 'I't, -35 1J, ro.-Ok"t. 66's,oz ES I1M.-Aff, ABS Concrete in6,•' S ' DATE: SEPTEMBER S 20t9 Allex Bustillos • (720) 438 -1818 ' alejandrol'usduos Q ve.com To Chuck Bradt ':: Town Of.Fire tone = P.a ks and Tx s :il•:.�.5; 54•,..1,-1 li .. .. A lY� .: �t'.^. A.4 yC•` �1 =,• '1 Seitl&s Pfak -•Remove arid replace sidewalks, reinforced 274 sci ft with rebar,"City Concrete Mi� $10A0 $2,740.00 Remove 300 sq.ft with b dg PaGo nd replace sidew0k, reinforceda�3 f L 'Q� : ;i , $3 Q00.00 ' : 1 1 . RESOLUTION 19-92 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTIONE, COLORADO, ADOPTING THE CAPITALIZATION THRESHOLD AND DEPRECIATION POLICY FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone has previously adopted a capitalization threshold and depreciation policy for the Town; and WHEREAS, the Board of Trustees finds that such policy and procedures should be updated and that the adoption of the capitalization threshold and depreciation policy will promote and support the reporting of capital assets accurately and consistently; and WHEREAS, there has been presented to the Board of Trustees for adoption a proposed capitalization threshold and depreciation policy, which has been developed through the collaborative efforts of the Finance Committee, Town Manager and Department of Finance; 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 Capitalization Threshold and Depreciation Policy attached hereto and made a part of this resolution are solely in support of the Town's fiscal responsibilities; and WHEREAS, the Board of Trustees by this Resolution desires to adopt said policy; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The Board of Trustees hereby approves and adopts the Town of Firestone Capitalization Threshold and Depreciation Policy. Section 2. The Policy approved and adopted by this Resolution shall take effect October 9, 2019. Section 3. All resolutions and policies or portions thereof previously adopted that are inconsistent or conflicting with the policies adopted by this Resolution are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ AND ADOPTED this 9th day of October, 2019. (C'�' ATTEST:UNY`I A-J� Va ("U'4 X" Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO TA1A4,14AIta �tv 1 14 A RLAbi SinMr, Mayor BOARD OF TRUSTEES ADOPTED POLICY TOWN OF FIRESTONE SUBJECT: Capitalization Threshold and Depreciation Policy ISSUE DATE September 25, 2019 September 25, 2019 My 11, 2018 EFFECTIVE DATE The Town of Firestone {Town) understands the importance of being in compliance with generally accepted accounting principles as established by the Governmental Accounting Standards Board (GASB) by reporting capital asset information in the Town's yearend government -wide financial statements. Reporting capital asset activity accurately and consistently, provides the readers of the Town's audited financial statements an economic measurement focus of the Town's position. POLICY The Town has established the following fiscal policy related to capitalization thresholds and capital asset depreciation method. Capitalization Threshold The monetary threshold for capitalization purposes will be established for capital assets with an initial, individual cost of $5,000 or more and having a useful life in excess of one year.; The cost of commissions, delivery, setup, and or accessories should be included in the final cost of the capital asset. • All capital assets shall be recorded and tracked via a perpetual inventory system. The Town will perform a physical inventory of its capital assets, either simultaneously on a rotatiniz basis, so that all of the assets are physically accounted for at least once every_ three years. The Town will develop capital asset replacement and maintenance schedules in accordance with accepted professional standards and best practices. The schedules will be utilized to commit adequate funding of re -investment in the Town's machine facilities, and infrastructure so as to prevent the deferment of. requires ongoing maintenance and replacement. Depreciation of Capital Assets Page 1 of 2 For year-end financial statement purposes, the Town will calculate depreciation expense on its capital assets utilizing the straight line method over the following, estimated useful lives: Infrastructure and Improvements 5-50 ,Years Buildings and Improvements 10-50 years Machinery and Equipment 3-30 years The Town will not calculate depreciation expense in the ,year that the capital asset is purchased.. Town staff. Policy Review The T,,w,, Gen4,.Finance Committee and Finance Director will be responsible for reviewing the Capitalization Threshold and Depreciation Policy revery two years „ ���-'��* �� -•° *'� the T-Owa's year- efid finalieial Statements pr-epar-ation preeess to ensure that the Teyffi is adhering to the fr�ewor-k etAliaed in this x4ic-yand will make recommendations for revisions to thepolicy as deemed appropriate.- Fut4harmonthe TeA% Manager, in coneert with the Town Gentfoll will feview the policy annually in eanneefien with the TeAs's year end fiflaneial statements a will make feeemmendations for- f!evisiens to the polio), as de@med appfepr-iat . Adoption and modifications to this policy will require the approval of a simple majority vote by the entire Town Board. Cr C4 L0 Attest: Town Clerk Page 2 of 2 BOARD OF TRUSTEES ADOPTED POLICY TOWN OF FIRESTONE SUBJECT: Capitalization Threshold and Depreciation Policy ISSUE DATE October 9.2019 INTENT EFFECTIVE DATE October 9, 2019 The Town :)f Firestone (Town) understands the importance of being in compliance with generally accepted accounting principles as established by the Governmental Accounting Standards Board (GASB) by reporting capital asset information in the Town's year-end government -wide financial statements. Reporting capital asset activity accurately and consistently, provides the readers of the Town's audited financial statements an economic measurement focus of the Town's position. POLICY The Town has established the following fiscal policy related to capitalization thresholds and capital asset depreciation method. Capitalization Threshold The monetary threshold for capitalization purposes will be established for capital assets with an initial, individual cost of S5,000 or more and having a useful life in excess of one year. • The cost of commissions, delivery, setup, and or accessories should be included in the final cost of the capital asset. • All capital assets shall be recorded and tracked via a perpetual inventory system. The Town will perform a physical inventory of its capital assets, either simultaneously or on a rotating basis, so that all of the assets are physically accounted for at least once every three years. The Town will develop capital asset replacement and maintenance schedules in accordance with accepted professional standards and best practices. The schedules will be utilized to commit adequate funding of re -investment in the Town's machinery, facilities, and infrastructure so as to prevent the deferment of required ongoing maintenance and replacement. Page I of 2 Depreciation of Capital Assets For year-end financial statement purposes, the Town will calculate depreciation expense on its capital assets utilizing the straight line method over the following estimated useful lives: Infrastructure and Improvements 5-50 years Buildings and Improvements 10-50 years Machinery and Equipment 3-30 years The Town will not calculate depreciation expense in the year that the capital asset is purchased. Policy Review The Finance Committee and Finance Director will be responsible for reviewing the Capitalization Threshold and Depreciation Policy every two years and will make 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. TOWN �) SPA i Q r4 Of ��UNTY, GQ� giv, w J Attest: Town Clerk Page 2 of 2 RESOLUTION 19-91 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AMENDMENT TO THAT CERTAIN REVOCABLE LICENSE AGREEMENT BETWEEN BLACK DIAMOND MIDSTREAM, LLC, THE FIRESTONE FINANCE AUTHORITY, AND THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone, the Firestone Finance Authority, and Black Diamond Midstream, LLC entered into that certain Revocable Encroachment License Agreement, dated July 24, 2019 (the "Agreement"), and subsequently recorded in the Weld County Clerk and Recorder's Office on July 25, 2019 at Reception No. 4508816, granting a license over, across and under certain real property owned by the Town of Firestone and the Firestone Finance Authority (collectively, `'Owner") to Black Diamond Midstream, LLC ("Licensee") for the construction, operation and maintenance of a single underground gas gathering pipeline and appurtenant underground facilities; and WHEREAS, subsequent to the execution and recordation of the Agreement, Licensee has changed the pipeline route across Owner's property, adding approximately 97.43 feet to the pipeline as it traverses north across Owner's property, which necessitates a change or reconfiguration in or to the license area under the license; and WHEREAS, the Board of Trustees desires to authorize the execution of a "First Amendment to Revocable License Agreement" with Black Diamond Midstream, LLC to allow for the change in pipeline route and payment of additional consideration for the change in the area of licensed property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The First Amendment to Revocable License Agreement between the Town of Firestone, the Firestone Finance Authority and Black Diamond Midstream, LLC, attached hereto and incorporated herein as Exhibit A, is hereby approved in substantially the same form as attached, and the Mayor is hereby authorized to execute the Amendment on behalf of the Town. INTRODUCED, READ AND ADOPTED this 9th day of October, 2019. �\"sro�� •r'' �owry *� ATTEST: �" F J Q �OG� ...... ��Oe- rY, Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO B bbi SitWlar, Mayor ADPRCWUO AS TO FORM: Willia'VVgayashi, Town Attorney Exhibit A ' 4531315 Pages: 1 of 9 10/10/2019 03:47 PM R Fee:$53.00 Carly Koppas, Clerk and Recorder, Weld County, 00 ! mill NFAWkWhh, 11 M I'M I V %41AA 11111 FIRST AMENDMENT TO REVOCABLE ENCROACHMENT LICENSE AGREEMENT This FIRST AMENDMENT TO REVOCABLE ENCROACHMENT LICENSE AGREEMENT (this "First Amendment") is entered into effective as of August , 2019 (the "Amendment Date"), by and between the TOWN OF FIRESTONE, COLORADO, a Colorado municipality (the "Town"), and FIRESTONE FINANCE AUTHORITY, a corporate body politic of the State of Colorado, (individually, the "Town" and "FFA," respectively, and collectively, "Owner"), and BLACK DIAMOND ROCKIES MIDSTREAM LLC, a Colorado limited liability company ("Licensee"). Owner and Licensee may be referred to in the singular sense as a "Parry" or in the collective sense as the "Parties." RECITALS A. Owner and Licensee entered into that certain Revocable Encroachment License Agreement, dated July 24, 2019 (the "Agreement"), relating to the construction, operation and maintenance of a single underground gas gathering pipeline and appurtenant underground facilities located on certain real property owned by Owner, subject to certain terms and conditions as more particularly described in the Agreement. Capitalized terms used but not defiled herein shall have the meanings given to such terms in the Agreement B. Subsequent to the execution and recordation of the Agreement, Licensee has changed the pipeline route across Owner's property, adding approximately 97.43 feet to the pipeline as it traverses north across Owner's property, which necessitates a change or reconfiguration in or to the License Area. C. Owner and Licensee desire to amend, modify, change or alter certain provisions of the Agreement relating to the portions of the License Area and Consideration for the License. AGREEMENT 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made a part of this First Amendment to the same extent as if set forth herein. 2. Modification of License Area. The License Area defined in the Recitals and Section 1.1 of the Agreement, and further Iegally described and depicted in Exhibit A to the Agreement, shall be substituted and replaced in its entirety with the attached Exhibit A. 3. Amendment of Consideration. Section 4 of the Agreement shall be amended so that it now reads as follows: Licensee shall remit payment of consideration of THIRTY-EIGHT THOUSAND, THREE -HUNDRED AND SEVENTY-TWO DOLLARS AND 90/100 ($38,372.90) to the Town concurrently with the execution and delivery of this Agreement. 4531315 Pages: 2 of 9 to/10/2019 03:47 Aft R Fee:$53.00 Carly Koppes, Clerk and Recorder, Weld County, CO gill Fr.�14��'�N4�+iQ�I I��E��`�I� ��` � �`� 1 �� Ali 3. Effect of Modification of License Area. It is the Parties' intent that Exhibit A to this First Amendment supersede Exhibit A to the Agreement and, thus, relocate, reconfigure or otherwise modify the License Area under the Agreement. 4. 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. 5. Counterparts 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. 6. No Other Modifications. Except as expressly set forth herein, this First Amendment shall not modify or amend the terms or provisions of the Agreement, and all terms and provisions of the Agreement not specifically modified or amended by this First Amendment shall remain in full force and effect. 7. Recordation. This First Amendment shall be recorded with the Weld County CIerk and Recorder's Office upon execution by the Parties. [SIGNATURES ON FOLLOWING PAGEI 4531315 Pages: 3 of 9 10/10/2019 03:47 Phi R Fee:$53,00 Carly Koppes, Clerk and Recorder, Weld County, CO III I �.rl�' 6�'�i4 A L1 FA UNIT wi i U 1111 -------------- OWNER: TOWN OF FIRESTONE K b , W.Frs'ARNI, F®r �l T .0 r sw ATTEST: B ak pd Y• dO Leah Vanarsdall, Town Clerk FIRESTONE FINANCE AUTHORITY L� By: Lou, lY1&iov ws, i1,�A Ch cvwt LICENSEE: Black Diamond Rockies Midstream LLC By: Black Diamond Gathering LLC, its sole member By: Noble Midstream Services, LLC, Attorney -In -Fact By: Name: Erik T. Van Title: Attorney -In -Fact STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The forgoing FIRST AMENDMENT TO REVOCABLE ENCROACHMENT LICENSE AGREEMENT was subscribed and sworn to before me on, ' , -(, ' 2019, by Erik T. Van Decar in his/her capacity as Attorney -In -Fact for Noble Midstream Services, LLC, acting in its capacity as Attorney -In -Fact for Black Diamond Gathering LLC, as sole member of Black Diamond Rockies Midstream LLC. (Seal) A4-- Notary Public Address SANDRA BROWN NOTARY PUBLIC STATE OF COLORADO x NOTARY ID .# 20174.031fi64 MY COMMISSION EXPIRES0712812021 My Commission expires -7'd F/A./ 4531315 Pages: 4 of 9 10/10/2018 03:47 PM R Fee:$53.00 Carly Koppes, clerk and Recorder, Weld County, CO mill EXHIBIT "A" July 25, 2019 Attachment to Grant, by and between Sheet 1 of 2 Firestone Finance Authority, as 'Grantor', and Black Diamond Rockies Midstream LLC, as "Grantee". WELD COUNTY, COLORADO 20 FOOT WIDE EASEMENT DESCRIPTION A twenty (20) foot wide strip of land being a portion of Outlot 2, Firestone Central Park First Filing Minor Subdivision, in the northeast quarter of Section 18, Township 2 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, said strip being 10 feet each side of the following described centerline: Note: 1. The Basis of Bearings is the south line of the northeast quarter of Section 18, T-2-N, R-67-W 6th P.M., as monumented with an illegible aluminum cap at the east end and an aluminum cap PLS 23500 at the west end, with a grid bearing of N 89"28'39" W. 2. The side lines of the right of way are to be lengthened and/or shortened as necessary to end at the property lines. 3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of 1983 north zone (C.R.S. 38-52-102). Commencing at the east quarter corner of said Section 18, an illegible aluminum cap; Thence N 89°28'39" W, along the south line of Outlot 2, a distance of 175.95 feet to the POINT OF BEGINNING: Thence N 48°39'57" W, a distance of 212.02 feet; Thence S 89°45'35" W, a distance of 445.31 feet; Thence N 59°13'15" W, a distance of 208.66 feet; Thence N 00'24'10" W, a distance of 207.94 feet; Thence S 89°35'50" W, a distance of 16.00 feet point within said Outlot 2, and the POINT OF TERMINATION from which an aluminum cap PLS 23500 at the center quarter of said Section 18, bears S 75°33'25" W, a distance of 1,724.90 feet. The above surveyed centerline traverses said Outlot 2 for a total distance of 1,089.94 feet or 66.06 rods and containing 0.500 acre more or less. Prepared by David C. Costner For and on behalf of Topographic Land Surveyors 520 Stacy Ct. Ste B, Lafayette, CO 80026 0�$ITOPOGRAPHIC LOYALTY INt3OVATIOV LEGACY 520 Star: yy Gourt Ste B, Lafayette, CO 80020 303.666.0379 w topographic.com MIDSTREAM PARTNERMKIfGEL i 4531315 Pages: 5 of 5 • 10/10/2019 03:47 PM R Fee:$53,00 Carly Koppes, Clerk and Recorder, Weld County, CO mill PSI!"IWAM AM10i 1XII40%1 id 11111 SCALE: I" = 2C0' 0 100, 200' EXHIBIT "A" Attachment to Grant, by and between Firestone Finance Authority, as "Grantor', and Black Diamond Rockies Midstream LLC, as "Grantee". 1217 SEC. 18, T-2-N, R-67-W, 6TH P.M. 13 WELD COUNTY, COLORADO IE RIGHT OF WAY ENGTH: 1089.94 FEET DETAIL VIEW Proposed 12' x 22' � ALE: 1" = 50' LACT Unit 17724,90' P.O.T. Kugel Pad 20. Permanent Easement � m If rr I July 25, 2019 Sheet 2 of 2 13 24119 VICINITY MAP 114 Comer NOT TO SCALE 18117 illegible Alum Cap CPKU.800.000 - Firestone Finance Authority Rec No. 3293398 Rec. No. 3293400 Outlot 2 Firestone Central Park First Filing Minor Subdivision Rec. No. 3427733 1} 2-Track I Io t SEE IV891889" by DETAI L 175.95, rn Gravel I P tb I 1 \ L ��-- Access Road ----- ---- —�------1 \—--- — — — N892839"W764768' T (BASIS OF BEARING) P.O.B. . Center 114 Comer Sec. 18 LINE TABLE 114 Comer I Alum Cap LINE BEARING DISTANCE Sec 181Sec 17 PLS 23500 1 N 48°3957" W 212.02' Illegible j 2 S 89.45'35" W 445.31' Alum. Cap 3 N 59"13'15" W 208.66, I 4 N 00.24'10" W 207.94' I 5 S 89,35,50" W 16.00, LEGEND — — SECTICN LINE TRACT BORDER SURVEYED BASELINE EDGE OF EASEMENT Iz✓� �i 2-CZ7 TEMPORARY WORKSPACE x FENCELINE 11 EXISTING PIPELINE ORE OVERH=AD ELECTRIC IN MONUMENTFOUND 7 87 T 1 2 1 N 17 20 NOTES: 1. ORIGINAL DOCUMENT SIZE: 0.5' X 14" rJ'� •• •• •� 2. ADJOINER INFORMATION SHOWN FOR ENFORMATIONAL PURPOSES ONLY. I 3. B.O.LJP.O.B. = BEGINNING OF LINEIPOINT OF BEGINNING L 4. E.O.LJP.O.T.= END OFLINE/PO INTOFTERMINATION 5. THIS IS NOT A LAND SURVEY NOR A LAND SURVEY PLAT David C. Costner, P.L.S. No. 25936 JUTOPOGWFUC LOYALTY INNOVATION LEGACY 520 StacCyy Court 619 B, Lafayette, CO 80026 303.6 6,0373 wwW,topographic,com BLACK D I A M ON D DRAWN BY: $ME I REVISION: GATHERING JOB NO.: 125010 1 ZJkC 1 07I25119 GAGEOSURIAWELDZNORTHWOBLE MIDSTREAM PARTNERMUGEL WELL CONNECTIFINAL PRCD�cTs1EP_KUGEI WC_FIRESTONE REVI.DWG712512019 7:14:14 AM zkeatfn9 4531315 Pages: 6 of 9 10/10/2019 03:47 PM R Fee:$53.00 Carty Koppes, Clerk and Recorder, Weld County, CO 1111 NFAT NII&t " WIMINM N 11 W 114/1111 EXHIBIT "A" June 14, 2019 Attachment to Grant, by and between Sheet 1 of 1 Town of Firestone, as "Grantor", and Black Diamond Rockies Midstream LLC, as "Grantee". WELD COUNTY, COLORADO PIPELINE DESCRIPTION A pipeline being a portion Weld County Road 15 also known as Frontier Street, in the southeast quarter of Section 18 and the southwest quarter of Section 17, Township 2 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, said pipeline described as follows: Note: 1. The Basis of Bearings is the north half of the southwest line of the southwest quarter of Section 17, T-2-N, R-67-W 6th P.M., as monumented with an aluminum cap PLS 23500 at the south end and an illegible aluminumr, cap at the north end, with a grid bearing of N 00°22'10" W. 2. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of 1983 north zone (C.R.S. 38-52-102). Commencing at the east quarter corner of said Section 18, an illegible aluminum cap; Thence S 56°46'29" W, a distance of 35.71 feet to a point on the west right of way line of said Weld County Road 15 also known as Frontier Street, and the POINT OF BEGINNING: Thence N 88°22'23" E, a distance of 80.03 feet to a point on the east line Of said Weld County Road 15 also known as Frontier Street, and the POINT OF TERMINATION from which an aluminum cap PLS 23500 at the south quarter corner of Section 18 and Section 17 bears S 01 °49'34" W, a distance of 1,305.45 feet. The above surveyed centerline traverses said Weld County Road 15 also known as Frontier Street for a total distance of 80.03 feet or 4.85 rods more or less. Prepared by David C. Costner For and on behalf of Topographic Land Surveyors 520 Stacy Ct. Ste B, Lafayette, CO 90026 jj'0T0P0GWMC LOYALTY INNOVATION LEGACY 520 Stagy Court Ste 9, Lafayette, W 90a25 303.666.0378 www.topogrepitfc.com PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. David C. Costner, P.L.S. No.25936 4531315 Pages: 7 of 9 10/10/2019 03:47 PM R Fee:$53-m� county, CO Carly KopPes, Clerk and Recorder, mill FrAl Win" WA L%p tAY4 wELo couNt7•.00LORAoo SE0 ON 17 T2-N RA7cry SEc71ONUS T-Y-N R87-W CPKV �O.Oaa CPKII TW Om VJCR 15 CP1cu 0a0.000 W14d N. jqp 7homae J. James Alan 0-n a,d C,,d,m Cars oven SBI FE ET 0R 30 PIC Cchmeder il3 p0.0 FEH M4,p5ft0D3 119.6FEE OR725R0R4 2-2r6i--'r. %TR Plpeane0BCever e = ' ly CPKU 650,000 r�g I I I ICo+arn Wager Lars IY' /%// 50' OaNdN.JaGuez I{ x}IOU ENTRY U WPoweruwer�rcnnd POWW HDD E%I'F DCP Poane�4• peCarI � t - �x—�x�x�— x=37W991.92 x�._ Efedrier ne M293752.43�x- RK� Y=i299759.27 elaewwoe Plpdu<e®swrarn I 1 '41f I _III I / 2 fmperary -�--,�---�---�--- '// I W91kSP3Ce' 15�t1�_, CPKU000.00a Exlatln9 Plpef dames Nan Oxen end yy 70 PemRmM 24,3 20T 2EasemeMM ��'/ GMaw GrtOxer, creme fsIYJn9 TelePh na U. ' M�1_—Is Z5Z I 0. �3 � II O I •Z4 Temp � / " --_�_ CPNp700.000 Themaa J.Sdaoeder and 3C ROMIE'6Y 69 nenla Re4 N4 2284361 Pamcla I- sthroed¢r OupMO I 60'RA.W. �I! 1 3a'R,O.W. I CPKU W0.000-- Fk.— AvhOft / 47 611 1' c5a 4 a.00'.�GKG t�p� n Q� 19 Ra'3gl OrA[F'a� l 14•� 2a PIPE FOOTAGE ®ark bPfpeanp 9Cover Wald Camq Water Linn 8' Cuer HODErit DCPPipl w 4'c— Hop Entry Nat+a-al Ground XFR Pipepne 6 c— MR 18 L=185.5' _o R=400,0 ra.rt ve Y,Y 35.50 38+00 3e+5U 37400 37+50 3a+00 38+50 LECENo �u �oexwnoorl 0 ��n:rnnmr / - 39W0 KUVELVALCONNEGT vcRtp H CACR OIAMONO —OwTH calMO— Pl°EI.arEQi0.RW[i ya.a. ®�C �� r�iGin s�.m OA1ri:wa ate[ w SHE}: 7 4531315 Pages: 8 of 9 10/10/2019 03:47 PM R Fee:$53.00 Carly Koppes, Clerk and Recorder, Weld County, Co � mill 11101M IM ri � rt EXHIBIT "A" .tune 14, 2019 Attachment to Grant, by and between Sheet 1 of 1 Town of Firestone, as "Grantor', and Black Diamond Rockies Midstream LLC, as "Grantee". WELD COUNTY, COLORADO PIPELINE DESCRIPTION A pipeline being a portion Weld County Road 20 also Known as Pine Cone Avenue, in the southwest quarter of Section 17 and the northwest quarter of Section 20, Township 2 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, said pipeline described as. follows: Note: 1. The Basis of Bearings is the south line of the southwest quarter of Section 17, T-2-N, R-67-W 6th P.M., as monumented with an illegible aluminum cap at the east end and an aluminum cap PLS 23500 at the west end, with a grid bearing of N 89°49'50" E. 2. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of 1983 north zone (C.R.S. 38-52-102). Commencing at the southwest corner of said Section 17, an aluminum cap PLS 23500-1 Thence N 86*40'39" E, a distance of 909.03 feet to a point on the north right Of way line of said Weld County Road 20 also known as Pine Cone Avenue, and the POINT OF BEGINNING: Thence S 00'16'17" W, a distance of 109.69 feet to a point on the south line of said Weld County Road 20 also known as Pine Cone Avenue, and the POINT OF TERMINATION from which an illegible aluminum cap at the south quarter corner of Section 17 bears N 87°48'32" E, a distance of 1,691.65 feet. The above surveyed centerline traverses said Weld County Road 20 also known as Pine Cone Avenue for a total distance of 109.69 feet or 6.65 rods more or less. Prepared by David G Costner For and on behalf of Topographic Land Surveyors 520 Stacy Ct. Ste B, Lafayette, CO 80026 ToP4GmPH Ic LOYALTY INNOVATION LEGACY 520 Stacyy Court Ste R. Lafayette, CO 80026 305.666.0379 www.Icpographic.cem MIDSTREAM PARTNERSVCUGEL WEU-, PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. David C. Costner. P.L.S. No. 25936 PM sw-t BIIIJ SI III II I EU alga � gA� S 9 v R L9 y V.� O 3 i179 O � � .� 8 e1�1w,a,°w PLAN , wLe 1•e Em�-; 0+00.0 HOO ENTRY - 0°18.4 ENTER SITE 0+85.4 EXIF PROP. SRE D-WTOEOFSL0PE / e �imme r S'0+81.8 EXIST. PIPELINE� W,4 mi 1t0+8B.0 WCR 20 N.0.W. y� _E"+01,0 FENCE 1+01.7 TOP OF SLOPE r 1+15:111! OF SLOPE S� 1 1N5.78OUNOAAYLWE 1+21.BEXIST. g� . ul� 1Pe ne w Il l— d 1+27.8 ELOPE FROA fp� n 51 1+27.2 EDGE OF ROAD EDGE ° 3 j 1M5.T SECTION LINE SECTION LINE _ _ _ - _ o 1452A EDGE OF ROAD 1+54y T0P0FSL0PE ------- --- — O I Rio PINE CONE AVE. - 1+61.7 TOE OF BLOFE S 1a aTOPOFSLOPE {YVCR 20} _ tFabpnp KNIG PiP.Ibe 1+50.7 EX35T. PIPELINE a 1+94,7R0UNDARYUNE 1+95.700UNDARYLINE�`� `FLO.W. LINE -- ° e i TS7.2FENCE w z+48.4 TIE-IN 04-COVER 21MG HOO EXR A 1 R }+ ,x �m � I a� II I � 4 0 RESOLUTION 19-94 1. A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CHURCHICH RECREATION LLC FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT WHEREAS, the Town of Firestone ("Town") desires to engage Churchich Recreation LLC ("Contractor") for the purpose of installing playground equipment at Onorato Park and Patterson Park ("Project"); and WHEREAS, the Town finds that the Contractor has the expertise, qualifications, and experience necessary to perform the required Project work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The Agreement between the Town of Firestone and Churchich Recreation, LLC for the installation of playground equipment at Onorato Park and Patterson Park 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 9th day of October, 2019. TOWN OF FIRESTONE, COLORADO ki" V�lydza-. BQVbi Sinde , Mayor ATTEST: C*s�,,-;S Leah Vanars all, Town Clerk 10 D STOFORM:O�O Williaffi PViayashi, Town Attorney Proj ect:_ Contractor: Total Cost: FIBE:STQ�NE C O D O TOWN OF FIRESTONE GENERAL CONTRACT FOR GOODS AND/OR SERVICES (SHORT FORM) THIS AGREEMENT ("Agreement"), is made this 9th day of October, 2019, between the Town of Firestone, a Colorado statutory municipality, hereinafter referred to as "FIRESTONE," and Churchic-1 Recreation, LLC., as independent contractor, hereinafter referred to as "CONTRACTOR,''' and provides as follows: ARTICLE I SCOPE OF SERVICES Section 1.1 Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the goods and to perform and complete the work, p: rsonal services and/or furnish 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: CONTRACTOR shall continence work upon direction to proceed from FIRESTONE and complete the Project on or before December 31, 2019. Section 1.3 Independent Contractor: CONTRACTOR shall at all times control the means and manr_er by which CONTRACTOR performs the work., subject to FIRESTONE's right to monitor, evaluate and improve such work.. CONTRACTOR shall at all times be and act as an independent contractor and not as an employee of FHtESTONE. Section 1.4 Warranty of Contractor: CONTRACTOR warrants that title to all goods, materials and equipment covered and paid for under this Agreement will pass to FIRESTONE, either by incorporation in the Proj ect or upon the receipt of payment by CONTRACTOR, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances; and that no services, General Contract for Goons and/or Services (Short Form) (Rev. Jan 2018) Page 1 goods, materials or equipment paid for under this Agreement will have been acquired by CONTRACTOR, 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 CONTRACTOR or such other person.. CONTRACTOR warrants 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 H COMPENSATION FOR SERVICES Section 2.1 Compensation: In consideration of completion of the Project specified herein by CONTRACTOR, FIRESTONE shall pay CONTRACTOR (check and initial below as applicable): ® A fixed sum of $27,692.50. ❑ 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 ❑ As described in Schedule A. Section 2.2 Payment: FIRESTONE will make payment due to CONTRACTOR for compensation for completed work within thirty (30) days after invoices submitted by CONTRACTOR, 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 CONTRACTOR 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, CONTRACTOR agrees that FIRESTONE is entitled to set off any amounts it may owe CONTRACTOR 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. Jan 2018) Page 2 . appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR 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 project, 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, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry and warrants that all. materials incorporated in the Project be free from defect of material or workmanship and conform strictly 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 CONTRACTOR 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 contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by CONTRACTOR 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 prepare_ d by CONTRACTOR. (2) Notwithstanding the provisions of Section 3.2(a)(1) above, FIRESTONE may utilize any such documents generated in connection with the Project by CONTRACTOR for other projects, provided that CONTRACTOR 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 (contractors, suppliers, etc.): (1) Any documents prepared by CONTRACTOR, 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 contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the General Contract for Goods and/or Services (Short Form) (Rev. Jan 2018) Page 3 documents prepared by the CONTRACTOR 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 CONTRACTOR. (2) CONTRACTOR, and any subcontractor or supplier or other person or organization performing. o. 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 Project or 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 CONTRACTOR for other projects, provided that ,such design professional and CONTRACTOR 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 CONTRACTOR to a third party or use any such documents in a manner adverse to the CONTRACTOR. Section 3.3 Insurance: CONTRACTOR 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 Five Hundred Thousand Dollars and No Cents ($1,500,000.00) for each occurrence and Twa 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 contractors, 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 Five Hundred Thousand Dollars and No Cents ($1,500,000.00) 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 CONTRACTOR'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 subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. General Contract for Goods and/or Services (Short Form) (Rev. Jan 2019) 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 CONTRACTOR 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 listed in standard liability insurance manuals, which most nearly reflect the operations of CONTRACTOR. 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. CONTRACTOR 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 lmmnity 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: CONTRACTOR shall defend, indemnify and hold harmless FIRESTONE and its officers, officials, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless or intentional act or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. Section 3.6 Subcontractor: CONTRACTOR shall, as soon as practicable after executing this Agreement, notify FIRESTONE in writing for FIRESTONE`s approval, of any subcontractors who maybe involved in the Project and the general -scope of work to be performed by each subcontractor. FIRESTONE may, in its reasonable discretion, reject anyproposed subcontractor, in which case CONTRACTOR shall either perform such component or the work itself, or secure a subcontractor acceptable to FIRESTONE. General Contract For Goods and/or Services (Short Fonu) (Rev. Jan 2018) Page 5 Section 3.7 Termination for Convenience: This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to the CONTRACTOR. In the event of termination, FIRESTONE will pay CONTRACTOR 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 CONTRACTOR for the pro rata value of the completed portion of the Project. If, however, CONTRACTOR 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. Section 3.8 Binding Effect/Non-Assigniabili1y. FIRESTONE and CONTRACTOR each binds itself, its successors and assigns to the other parry to this Agreement with respect to all rights and obligations under this Agreement. Neither FIRESTONE nor CONTRACTOR 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: Contractor 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) CONTRACTOR certifies, through signature of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perfonn work under the public contract for services and that the CONTRACTOR 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 far services. b) CONTRACTOR 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 subcontractor that fails to certify to the CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alieri to perform work under the public contract for services. c) CONTRACTOR shall affirm as required by C.R.S. § 8-17.5-102 (c) (11) 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) CONTRACTOR 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. General Contract for Goads and/or Services (Short Form) (Rev. Jan 2018) Page 6 e) If CONTRACTOR obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: 1) Notify the subcontractor and FIRESTONE within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor ifwithin three days of receiving the notice required pursuant to sub -subparagraph (13)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if. during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with. an illegal alien. 0 CONTRACTOR 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 ]awful duties pursuant to C.R.S. 8-17.5-101 et seq., as amended from time to time. g) „ If CONTRACTOR violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR 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 utiized, Facsimile and e-mail addresses are provided for convenience only. FIRESTONE: Town of Firestone 151 Grant AvenueaT.O. Box 100 Firestone, CO 80520 Attn: rulee Pasillas Telephone :3 03-531-625 8 Facsimile;303-833-4863 E-mail; jpasillas@lirestoneco.gov Genera! Contract For Goods and/or Ser9lees (Short Form) (Rev. Jan 2018) CONTRACTOR: Churchich Recreation, LLC. P.O. Box 1174 Niwot, CO 80544 Attn:_61IR1S CHUR,N IC14 Telephone: &03-00- 4,414 x 10 Facsimile: 3U3 . 20 . G[Z M E-mail: heQ��rIilv11�C�EiC�1reC�2atitTYl�}7�s� Page 7 ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 4.1 Project Materials/Confidentiality: FIRESTONE shall provide CONTRACTOR with data, information; reports and other such documentation as maybe reasonably available to FIRESTONE, and reasonably required by CONTRACTOR to perform services under this Agreement. No information shall, unless as required bylaw, be disclosed by CONTRACTOR to third parties without prior written consent of FIRESTONE. All documents provided by FIRESTONE to CONTRACTOR shall be returned to FIRESTONE. CONTRACTOR is authorized by FIRESTONE to retain copies of such data and materials at CONTRACTOR'S EXPENSE. Section 4.2 Access to Propgrty and Records: FIRESTONE shall provide CONTRACTOR with access to its property as required and necessary to complete the Agreement. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related 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, etseq. CONTRACTOR agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE. reasonably believes it is Iegally required to disclose. Section 4.3 FIRESTONE's Representative: 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 CONTRACTOR' 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 CONTRACTOR to any additional payment whatsoever under the terms of this Agreement. ARTICLE V MISCELLANEOUS 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 Counterparts. 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. Severability: If any term, covenant, or condition ofthis Agreement is deemed by a court of competent jurisdiction to be invalid; void or unenforceable, the remaining provisions of General Contract for Goods and/or Services (Short Form) (Rev. Jan 2018) Page 8 this Agreement shall be binding upon the parties. Section 5,5. Entire Agreement_ 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, ibodification, 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 pursuantto this Agreement. Section 5.6. Default/Attorneys 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 any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. TOWN OF FIRESTONE djJO4- By: Name'-- ; r( h S 1rY4-e !LI iC Title: n r0U iSue� f o CONTRACTOR BY: Title:it Nli Date: l�Xy� Li General Contract For Goods and/or Services (Short Form) (Rev, Jan 2013) Page 9 PO Box 1174 s Nrwot, CO 80544 Toll Free (800) 729-7529 • Office (302) 530-4414 • Fox (303) 530-9239 www. ch u rchichrecre o tlon. n of Bill To Address: TOWN OF FIRESTONE JULIE PASILLAS PO BOX 100 FIRESTONE, CO. 80520 Quotation Estimate # Date Rep 19-0631 9/3/2019 HH Ship To Address: Project Delivery Terms FOB PATTERSON & ONORATO INSTALLATION Net 30 Jobsite Item w s Description t Q. , Total b e1-,. _- {'4 e•+N klS.:.=. r,. *.'.dhr - i.. 4y,.. f. .3 - W -"d:. 1,� InstaIIPG INSTALL PLAYGROUND EQUIPMENT FOR ONORATO 1 15,169.00 15,169.00 PARK PLAYGROUND TO INCLUDE: - INSTALLATION OF NEW PLAYGROUND EQUIPMENT AS PURCHASED IN 2019 - DOES NOT INCLUDE DEMO/DISPOSAL OF EXISTING PLAY EQUIPMENT - SWING SET & MAYPOLE TO STAY PER ORIGINAL PLANS_ IristdRG ��`, r' '� •� _ INSTALL�PLAYGROUNDyEQUIPMENT,FOR PATTERSONk ° - -- � -, �; + a�* 1 fit, R12,523 50 x� �12;523 50 : 6-�Y r� $'' �cdiy `i iR Al r't ',�k� .A 5" err PARK PLAYGROUND TO INCLUDE ,, � � S INSTALLATION OF NEW PLAYGROUND EQUIPMENTS' �y� -yy..A �x ? �A �� `�•�y ���� ; y t€r `yya�`f AS PURCHASED IN 2019' �, f��4q H^'174_`9i-.-. l.'�it LS'N�Y'3�rnz"��h!k.'=:d� DOES NOT INCLUDE DEMO/DISPOSAL QF EXISTING �'� ' PLAY EQUIPMENT' EXCLUSIONS PROJECT EXCLUDES THE FOLLOWING: 0.00 0.00 1) SITE PREPARATION/GRADING 2) CONCRETE FLATWORK/PAD 3) SALES TAX 4) BUILDING PERMITS AND INSPECTIONS FEES. 5) SOILS REPORT 6) TEMPORARY RESTROOM FACILITIES ON -SITE 7) UNLOADING 8) STORAGE 9) TEMPORARY FENCING 10) ASSUMES SITES WILL BE PROPERLY PREPPED AND READY FOR INSTALLATION AT TIME OF ARRIVAL. SCHEDULE TO BE COORDINATED WITH CHURCHICH RECREATION PROJECT MANAGER Thank you for the Opportunity to Quote! Total $27,692.50 A RESOLUTION 19-93 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING CHANGE ORDER NO.2 TO THE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND COMMUNICATION CONSTRUCTION & ENGINEERING, INC., REGARDING THE POLICE STATION FIBER OPTIC LINE PROJECT WHEREAS, the Town of Firestone ("Town") entered into an Agreement with Communication Construction & Engineering Inc ("Contractor") for the installation of dedicated fiber intranet between Town Hall and the new Police Department and Municipal Court ("Police Station Fiber Optic Line Project"); and WHEREAS, the Town has determined that it would be advantageous to the Town's operations to expand the Project to include dedicated fiber intranet to the Town's Public Works Facility; and WHEREAS, Contractor is able to perform the required Project work of installing conduit and single mode fiber from the new Police Department to the Public Works Facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Change Order No. 2 to the Town of Firestone and Communication Construction & Engineering, Inc., Agreement regarding the Police Station Fiber Optic Line 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 Change Order on behalf of the Town. INTRODUCED, READ AND ADOPTED this 9th day of October, 2019. ATTEST: / Y Leah Vanarsdall, Town Clerk ►11r1G 1.;. 10 ti / 0 A RO AS TO FORM: %'OUN� °GOB' (J", WillianYP. %yashi, Town Attorney SECTION 00941 CHANGE ORDER No. 2 Date of Issuance: October 10, 2019 Effective Date: Project: Police Station Fiber Optic Line Owner: Town of Firestone Owner's Contract No.: Project 1000-450600-931-800 Contract: Construction Services Date of Contract: July 10, 2019 Contractor: Communication Construction and Engineering, Inc. Engineer's Project No.: 0668.D189.02 The Contract Documents are modified as follows upon execution of this Change Order: Description: See attached detail Attachments (list documents supporting change): Descriptions CHANGE IN CONTRACT PRICE: Original Contract Price: $197,674.07 CHANGE IN CONTRACT TIMES: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion (days or date): September 23, 2019 Ready for final payment (days or date): October 7. 2019 [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders Orders No. 0 to No. 1: No. 0 to No. 1: Substantial completion (days): 0 $2,575.00 Ready for final payment (days): 0 Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): September 23 2019 $ 200,249.07 Ready for final payment (days or date): October 7, 2019 [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date): TBD $145,282.00 Ready for final payment (days or date): TBD Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): TBD $345,531.07 Ready for final payment (days or date): TBD RECOMMENDED: ACCUb ACCEPTED: By: By:&11By: Engineer (Authorized Signature) Vner (AuthSked Signa ure) Contractor (Authorized Signature; Date: Date: Date: Approved by Funding Agency (if applicable): Date: EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. 00941.1 of 3 DESCRIPTION: Item No. 1 -- REVISED & ADDITIONAL WORK QUANTITIES — NET CHANGE = $145,282.00 In order to install additional fiber optic line from the handhole at the intersection of Pine Cone Avenue to the Town of Firestone Public Works Building to provide a dedicated fiber optic connection between the Town Hall and the Public Works Building the following quantities have been increased andior additional quantities have been added. Items 24, 26, 28, & 29 are listed as add items due to an increase or decrease in unit price since the original bid. REVISED Item 5. ASPHALT /CONCRETE SAWCUT Quantity = 3000 (Increase 100 SF) Unit =SF Unit Price = $5.00 Net Change = $ 500.00 REVISED Item 10. DIRECTIONAL BORE (EROSION CONTROL, TOPSOIL STOCKPILE & PLACE, RESEED & MULCH) Quantity = 16,855 (Increase 8,200 LF) Unit = LF Unit Price = $12.30 Net Change = $ 100,860.00 REVISED Item 12.2" CONDUIT (BORE) Quantity = 16,855 (increase 8,200 LF) Unit = LF Unit Price = $0.94 Net Change = $ 7,708.00 REVISED Item 13. TRACER WIRE Quantity = 21,400 (Increase 8,500 LF) Unit = LF Unit Price = $ 0.22 Net Change = $ 1,870.00 REVISED Item 15. FLEXIBLE UTILITY MARKERS Quantity = 26 (Increase of 9) Unit = EA Unit Price = $ 45.00 Net Change = $ 405.00 ADD Item 24. MOBILIZATION Quantity = 1 Unit = LS Unit Price = $ 750.00 Net Change = $ 750.00 ADD Item 25. EXCAVATE CONDUIT AND SPLICE Quantity = 10 Unit = EA Unit Price = $ 250.00 Net Change = $ 2500.00 EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. 00941-2 of 3 ADD Item 26. 24"x36" HANDHOLE Quantity = 9 Unit = EA Unit Price = $ 801.00 Net Change = $ 7,209.00 ADD Item 27. PROVIDE AND PLACE MULE TAPE Quantity = 8,500 Unit = LF Unit Price = $ 0.30 Net Change = $ 2,550.00 ADD Item 28. FIBER OPTIC CABLE (12-STRAND SINGLE MODE) Quantity = 10,000 Unit = LF Unit Price = $ 1.72 Net Change = $ 17,200.00 ADD Item 29 TRAFFIC CONTROL Quantity = 8 Unit =EA Unit Price = $ 400.00 Net Change = $ 3,200.00 ADD Item 30. CONSTRUCT 2" BUILDING ENTRANCE Quantity = 1 Unit =EA Unit Price = $ 530.00 Net Change = $ 530.00 END OF SECTION EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. 00941-3 of 3 BASE BID FIRESTONE POLICE STATION FIBER OPTIC LINE ITEM NO. DESCRIPTION REMOVAL & REPLACEMENT UNIT CONTRACT QUANTITY UNIT PRICE TOTAL PRICE 1 ASPHALT/CONCRETE SAW-CUT(CO#1) LF 0 $10,00 $0,00 2 ASPHALT REMOVAL & REPLACEMENT SY 6 $80.00 $480.00 3 CONCRETE REMOVAL & REPLACE MENT(CO#1) SF 0 $2S.00 $0.00 4 GRAVEL REMOVAL & REPLACE MENT(CO#1) SY 0 $55,00 $0.00 5 LANDSCAPE REMOVAL & REPLACE M ENT(CO#2) SF 300 $5,00 $1,500.00 6 IRRIGATION REMOVAL & REPLACEMENT HR 10 $75.00 $750.00 SUBTOTAL $2,730.00 EROSICN CONTROL & EARTHWORK 7 VEHICLE TRACKING CONTROL PAD LA 2 $450.00 $900.00 8 BORE PITS (EROSION CONTROL, TOPSOIL STOCKPILE & PLACE, RESEED & MULCH) EA 5 $250.00 $1,250.00 9 TRENCH/PLOW (EROSION CONTROL, TOPSOIL STOCKPILE & PLACE, RESEED & MULCH)(CO#1) LF 3,290 $8.80 $28,9S2.00 10 DIRECTIONAL BORE (EROSION CONTROL, TOPSOIL STOCKPILE & PLACE, RESEED & MULCH)(CO#i)(CO#2) LF 16,855 $12,30 $207,316.50 SUBTOTAL $238,418.50 UTILITIES 11 2" CONDUIT (TRENCH/PLOW)(CO#i) LF 3,290 $0.94 $3,092.60 12 2" CONDUIT (DIRECTIONAL BORE)(CO#1)(CO#2) LF 16,855 $0.94 $15,843.70 13 TRACER WIRE (CO#2) LF 21,400 $0.22 $4,708.00 14 24" X36" HANDHOLF (1,000 FOOT SPACING+/-)(CO#1) EA 17 $590.00 $10,030.00 15 FLEXIBLE UTILITY MARKERS (AT COMMUNICATIONS BOXESJ(CO#1)(CO#2) EA 26 $45.00 $1,170.00 I 16 FIBER OPTIC CABLE (12-STRAND SINGLE MODE)(5EE ITEM #22) LF 0 $1.30 $0.00 17 TERMINATION POINTS EA 2 $1,447.25 $2,894.50 SUBTOTAL $37,738.80 MISCELLANEOUS 18 TRAFFIC CONTROL LS 1 $2,437.50 $2,437.50 19 MOBILIZATION (5%) LS 1 $7,419.27 $7,419.27 SUBTOTAL $9,856.77 20 4" CONDUIT (TRENCH/PLOW)(ALT. NOT APPROVED) LF 0 $11.35 $0.00 21 4" CONDUIT (DIRECTIONAL BORE)(ALT. NOTAPFROVED) LF 0 $19.85 $0,00 22 FIBER OPTIC CABLE (24-STRAND SINGLE MODE)(ALT. APPROVED) LF 12,900 $1.67 $21,543.00 23 CON DUITREPAIR(CO#1) EA 1 $1,305.00 $1,305.00 24 1 MOBILIZATION (CO#2) LS I 1 $750.00 $750.00 25 EXCAVATE CONDUIT AND SPUCE(CO#2) EA 10 $250.00 $2,500.00 26 24" X36" HANDHOLE (1,000 FOOT SPACING +/-)fCO#2) EA 9 $801.00 $7,209.00 27 PROVIDE AND PLACE MULE TAPE(CO#2) LF 8,500 $0.30 $2,550.00 28 FIBER OPTIC CABLE (12-STRAND SINGLE MODE)(CO#2) LF 10,000 $1.72 $17,200.00 29 TRAFFIC CONTROL (CO#2) EA 8 $403,00 $3,200.00 30 CONSTRUCT 2" BUILDING ENTRANCE TO INCLUDE CORE BORE AND NEMA BOX EA 1 $530.00 $530,00 SUBTOTALI I 1 $56,787.00 CONSTRUCTION COST TOTAL CO#1 CO#2 $345,531.07 1of1 RESOLUTION 19-96 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CONSILIUM COLORADO, LLC, FOR ASSESSMENT OF THE OFFICE OF TOWN CLERK AND ASSISTANCE TO THE OFFICE FOR THE APRIL 2020 MUNICIPAL ELECTION WHEREAS, the Town of Firestone ("Town") is in need of professional services to assess the Office of the Town Clerk and provide assistance regarding the Town Clerk's duties for the April 2020 Municipal Election; and WHEREAS, the Board of Trustees finds that Consilium Colorado, LLC, through the services of its owner, Pam Anderson, has the skill and expertise to provide the services requested by the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Consilium Colorado, LLC, for . assessment of the Office of the Town Clerk and assistance to the Office in conducting the April 2020 Municipal Election, 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 20th day of November, 2019. TOWN OF FIRESTONE, COLORADO o bi Sin ar, Mayor ATTEST: F1RESr0 rr,..• TOWN •' �Sk Lisa Bartley, Clerk Pro em �� 1 p C). A,PPR YED AS TO FORM: &' • .......•• �O l� J1 NrY c0 0 ViIY/Hayashi, Town Attorney i Project: Town Clerk Consulting Services Contractor: Consilium Colorado LLC Total Cost: $40,000 Term: Oct 23, 2019 thru .Tune 1.2020 Acct. or P.O. #: FIRESTONE GENERAL CONTRACT - SHORT FORM FOR GOODS AND/OR SERVICES LESS THAN $509000 THIS AGREEMENT ("Agreement"), is made this _23rd_ day of October, 2019, between the Town of Firestone, a Colorado statutory town, hereinafter referred to as "FIRESTONE," whose address is 151 Grant Ave., P.O. Box 100, Firestone, Colorado, 80520, and CONSILIUM COLORADO, LLC, as independent contractor, hereinafter referred to as "CONTRACTOR," whose address is P.O. Box, 1916,_Wheat Ridge, CO 80033, and provides as follows: ARTICLE I SCOPE OF SERVICES Section L 1 Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the goods and to perform and complete the work, personal services and/or furnish 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: CONTRACTOR shall commence work upon direction to proceed from FIRESTONE and complete the Project on or before June 1, 2020_. Section 1.3 Independent Contractor: CONTRACTOR shall at all times control the means and manner by which CONTRACTOR performs the work, subject to FIRESTONE's right to monitor, evaluate and improve such work. CONTRACTOR shall at all times be and,act as an independent contractor and not as an employee of FIRESTONE. Section 1.4 Warranty of Contractor: CONTRACTOR warrants that.title to -all goods, materials and equipment covered and paid for under this Agreement will pass to FIRESTONE, either by incorporation in the Project or upon CONTRACTOR's receipt of payment from FIRESTONE, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances; and that no services, goods, materials or equipment paid for under this Agreement will have been acquired by CONTRACTOR, or by any other person performing services at the site or furnishing materials and equipment for the Project, subje-a to an agreement under which an General Contract— SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) Page I I interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. CONTRACTOR warrants 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 Schedule A. ARTICLE II CONTRACT PRICE Section 2.1 Contract Price: In consideration for the completion of the Project by CONTRACTOR in accordance with the terms of this Agreement, FIRESTONE shall pay CONTRACTOR (check and initial below as applicable): ❑ As described in Schedule A. ❑ 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 to CONTRACTOR under this Agreement exceed $ _40,000.00to _. Section 2.2 Payment: FIRESTONE will make payment due to CONTRACTOR for compensation for completed work within thirty (30) days after invoices submitted by CONTRACTOR, 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 CONTRACTOR within thirty (30) days for resolution by mutual consent. LJ Section 2.3 Set -Off: In addition to any other rights FIRESTONE has under this Agreement to indemnification or recoupment, CONTRACTOR agrees that FIRESTONE is entitled to set off any amounts it may owe CONTRACTOR under this Agreement against such claims for indemnity or recoupment. Section 2.4 No Multi -Year Fiscal Obligation. 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 Board of the Town of FIRESTONE. Any failure of a Town Board annually to appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing appropriation's are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies. General Contract — SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) Page 12 Section 2.5 Appropriation: If this is a contract for the design or construction, or both the design and construction of a public works project, 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, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry and warrants that all materials incorporated in the Project be free from defect of material or workmanship and conform strictly 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 CONTRACTOR 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 contractor or subcontractor on other projects or for additions to this Project outside the scope of the work under this Agreement without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors- are authorized to use and reproduce applicable portions of the documents prepared by CONTRACTOR 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 CONTRACTOR. (2) Notwithstanding the provisions of Section 3.2(a)(1) above, FIRESTONE may utilize any such documents generated in connection with the Project by CONTRACTOR for other projects, provided that CONTRACTOR 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 (contractors, suppliers, etc.): (1) Any documents prepared by CONTRACTOR, 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 contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by the CONTRACTOR 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 CONTRACTOR. Page 13 General Contract — SHORT PORM (Goods and/or Services less Than $50,000) (Form Approved by Town Attorney July 2019) • (2) CONTRACTOR, and any subcontractor 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 Project or any other project withcut 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 CONTRACTOR for other projects, provided that such design professional and CONTRACTOR 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 CONTRACTOR to a third party or use any such documents in a manner adverse to the CONTRACTOR. Section 3.3 Insurance: CONTRACTOR 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 One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) 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 contractors, 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 ($1,000,000.00) per claim and One Million hive Hundred Thousand Dollars and No Cents ($1,500,000.00) 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 CONTRACTOR'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 subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. (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 Page 14 General Contract— SHORT FORM (Goods and/or services Less Than $50,000) (Form Approved by Town Attorney duly 2019) 0 performed by or on behalf of CONTRACTOR 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 listed in standard liability insurance manuals, which most nearly reflect the operations of CONTRACTOR. 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. CONTRACTOR 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 Government 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 by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as may be amended, or those otherwise available to FIRESTONE, its officers or its employees. Section 3.5 Indemnification: CONTRACTOR shall defend, indemnify and hold harmless FIRESTONE and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless or intentional act or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. Section 3.6 Subcontractor(s): CONTRACTOR shall, as soon as practicable after the signing of this Agreement, notify FIRESTONE in writing for FIRESTONE's approval, of any subcontractors who may be involved in the Project and the general scope of work to be performed by each subcontractor. FIRESTONE may, in its reasonable discretion, reject any proposed subcontractor, in which case CONTRACTOR shall either perform such component or the work itself, or secure a subcontractor 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 CONTRACTOR. In the event of termination, FIRESTONE will pay CONTRACTOR 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 CONTRACTOR for the pro rata value of the completed portion of the Project. If, however, CONTRACTOR 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 — SHORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney duly 2019) Page I Section 3.8 Binding Effect/Non-Assignability: FIRESTONE and CONTRACTOR 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 CONTRACTOR 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: CONTRACTOR agrees to perform the work in compliance with all applicable federal, state, county and Town laws, ordinances, rules and regulations, including, without limitations, any preference for Colorado labor as may be required pursuant to Article 17, of Title 8 of the Colorado Revised Statutes (the "Keep Jobs in Colorado Act") as may be amended. Section 3.10 Immigration Status Obligations: (a) CONTRACTOR 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 CONTRACTOR 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) CONTRACTOR 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 subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (c) CONTRACTOR shall affirm as required by C.R.S. § 8-17.5-102 (c) (II) as may be amended, 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) CONTRACTOR 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 CONTRACTOR obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: (1) Notify the subcontractor and FIRESTONE within three days that the CONTRACTOR has actual knowledge that the subcontractor is employing or 0 - Page j6 General Contract— SHORT FORM (Goods and/or Services Less Than $_ 0,000) (Form Approved by'rown Attorney 1uly 2019) 0 contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub -subparagraph (13)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (f) CONTRACTOR 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 performar_ce of its lawful duties pursuant to C.R.S. 8-17.5-101 et seq., as may be amended. (g'- If CONTRACTOR violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR shall be liable for all actual and consequential damages incurred by FIRESTONE. Section 3.11 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 for notice required to be given under this Agreement. Facsimile and e-mail addresses are provided for convenience only. However, copies of mailed or hand - delivered notices may be sent to the parties via e-mail or facsimile. FIRESTCNE: CONTRACTOR: Town of FIRESTONE 1 5 1 Grant Street (PO Box 100) Firestone, Colorado 80520 Attn: Jan Sloat Telephone: 720,506.4126 Facsimile: 303.531.6285 E-mail: isloatgfirestoneco.gov CONSILIUM COLORADO, LLC P.O. Box 1916 Wheat Ridge, CO 80033 Attn: Pam Anderson Telephone: 303,956,2934 Facsimile: E-mail: Pam4ConsiliumCo2outlook.com ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 4.1 Project Material s/Confidentialitx: FIRESTONE shall provide CONTRACTOR with data, information, reports and other such documentation as may be reasonably available to FIRESTONE, and reasonably required by CONTRACTOR to perform services under this Agreement. No information shall, unless as required by law, be disclosed by CONTRACTOR to third parties without prior written consent of FIRESTONE. All documents provided by FIRESTONE to CONTRACTOR shall be returned to FIRESTONE. CONTRACTOR is authorized by FIRESTONE to retain copies of such data and materials at CONTRACTOR'S • EXPENSE. Page 17 General Contact — SHORT FORM (Goods and/o. Services Less Than $507000) (Form Approved by Town Attorney July 2019) • Section 4.2 Access to Property and Records: FIRESTONE shall provide CONTRACTOR with access to its property as required and necessary to complete the Agreement. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-101, et seq. as may be amended. CONTRACTOR 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 Representative: 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 CONTRACTOR's services. ARTICLE V MISCELLANEOUS 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"). if this is a contract for the design or construction, or both the design and construction of a public works project, no change in the Contract Price requiring additional compensable work to be performed, which work causes the aggregate amount payable under this Agreement to exceed the amount appropriated for the original Agreement, shall be valid, unless FIRESTONE gives CONTRACTOR written assurance that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to the performance of the additional work, or unless such work is covered under a remedy -granting provision in this Agreement. Section 5.3 Counterparts. 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. Severability: 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 Agreement: 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 Is Page 18 General Contract — SHORT FORM (Goods and/or Services Less Than $50,C00) (Form Approved by Town Attorney July 200) • pursuant to this Agreement. Section 5.6. Default/At_tttorney'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 any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. ATTEST: n, \K'�K�1�1 JV Lisa Bartley, Clerk Pro-tem ey TOWN OF FIRESTONE CONTRACTOR By:_ Name: Title: 0 Page I General Contract — S14ORT FORM (Goods and/or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) SCHEDULE A (Attached to and made a part of the Agreement between the Town of Firestone and _CONSILIUM COLORA.DO, LLC dated October 23, 2019 � Overview: Pam Anderson(Consultant) owner of Consilium Colorado, LLC will be engaged for services specializing in elections policy and coordination and provide an overall assessment of current processes and services extended by the Town of Firestone's Clerk's office As an authority in election policy and administration, the Consultant will evaluate and conduct a needs assessment for the 2020 Town of Firestone election The Conslutant will also serve the Town as a subject expert with regard to the evaluation and recruitment of a Town Clerk Additional documents introducing Pam Anderson, Consilium Colorado, LLC and their 2019-2010 service rates are attached hereto and made a part of this Schedule A • • Page 110 General Contrast — SHORT FORM (Goods an&or Services Less Than $50,000) (Form Approved by Town Attorney July 2019) Pam Anderson Consilium Colorado, LLC Pam is owner of Consiliurr Colorado, LLC., a consulting firm that specializes in election policy, administratio-i and leadership. She has had diverse national and focal clients including the Colorado Clerks Association, county and mu iicipal clients and national election policy foundations. Pam Anderson currently serves as the Executive Director of the Colorado County Clerks Is Association, a non-profit professional association which represents the 64 elected and appointed county Clerk and, Recorders in the state of Colorado. The Clerk & Recorders are responsible for several functions including administration of coordinated, state and federal elections, recording of all Land records and marriage licensing, motor vehicle titling and- registrat on, and Clerk to the Board of County Commissioners. She has successfully contracted with diverse organizations at the national, county and municipal level to evaluate and improve processes or services to citizens. Pam was elected the Jefferson County Clerk and Recorder in 2006 and re-elected in 2010. Previously she served as the elected City Cle-k for the City of Wheat Ridge. Jefferson County, Colorado is located west cf Denver with approximately 422,000 registered voters and is politically diverse (1/3 R, 1/3 D and 1/3 U). Sie has a B.A. in History, Master's Degree in Public Administration and is a CBRA-certified election professional through Auburn University. Pam is on the Board of the Center for Technology and Civic Life (CTCL) and the Center for Election Innovation and Research(CEIR and has served as a member of the Dean's Advisory Board for the School of Public Affairs at the University of Colorado, Denver and the Pew Center Performance Index of Elections Advisory group. She is Past- President of the Colorado County Clerks Association, and she led the CCCA when the Colorado General Assembly passed model election reforms, known as the Colorado Voter Access and Modernization Act (COVAME). She is also a Trustee for the Jefferson County Public Library. 2019-2020 Consilium Colorado Service Rates* Election Administration Services Governmental agencies Under 30,000 registered voters $ 95.00/hour Over 30,000 registered voters $ 110.00/hour Non -governmental agencies $ 115.00/hour Management/Leadership Services Governmental agencies Under 30,000 registered voters $ 95.00/hour Over 30,000 registered voters $ 110.00/hour Non -governmental agencies $ 115.00/hour Election Legal Services $ 120.00/hour Includes but is not limited to administrative hearing officer, expert testimony, document legal or process review. Standard Expense Reimbursement Policy • Mileage reimbursement at the IRS Standard Mileage Rate • Detailed itemized expenses which include materials, supplies and meeting expense • Travel time that exceeds 60 minutes per trip will be charges at 30% of the hourly contract rate * Project pricing may be an option depending on scope • Gansilium Colorado, LLC Wheat Ridge, CO 80033 303.956.2934 Pa 4 . 2019-2020 Consiliurn Colorado Service Rates* Election Administration Services Governmental agencies Under 30,000 registered voters $ 95.00/hour Over 30,000 registered voters $110.00/hour Non -governmental agencies $ 115.00/hour • Management/Leadership Services Governmental agencies Under 30,000 registered voters $ 95.00/hour Over 30,000 registered voters $110.00/hour Non -governmental agencies $115.00/hour Election _egal Services $ 120.00/hour Includes but is not limited to administrative hearing officer, exoert testimony, document legal or process review. Standard Expense Reimbursement Policy • Mileage reimbursement at the IRS Standard Mileage Rate • Detailed itemized expenses which include materials, supplies and meeting expense • Travel time that exceeds 60 minutes per trip will be charges at 30% of the hourly contract rate * Project pricing may be an option depending on scope 0 0 RESOLUTION 19-97 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING THE TEMPORARY SUSPENSION OF ENFORCEMENT OF SECTIONS 3.08.090 THROUGH 3.08.140 OF THE FIRESTONE MUNICIPAL CODE, PERTAINING TO SALES TAX LICENSES WHEREAS, Sections 3.08.090 through 3.08.140 of the Firestone Municipal Code require any business engaged in the sale of tangible personal property at retail within the Town of Firestone to apply for and obtain, in addition the Town's general business license, a sales tax license, including any renewals thereof, and further provide for of a fee in relation thereto; and WHEREAS, the Board of Trustees desires to review for potential revision to Chapter 3.08 of the Firestone Municipal Code regarding sales tax licensing and renewals, in light of the Town's general business licensing scheme, which may be an adequate mechanism for the Town to account for local retailers as well as the sales and use tax revenue generated, collected and reported from such retailers by the State Department of Revenue, who is responsible for administering, collecting and distributing the Town's sales and use tax; and WHEREAS, the Board of Trustees finds and declares that certain circumstances are present that reasonably require suspension of enforcement activities related to Sections is 3.08.090 through 3.08.140 of the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That there be and hereby is imposed a temporary suspension of the enforcement of Sections 3,08.090 through 3.08,140 of the Firestone Municipal Code related to sales tax licensing and the collection of sales tax license and license renewal fees. Section 2. The temporary suspension of enforcement of Sections 3.08.090 through 3.08.140 of the Firestone Municipal Code shall not affect the collection, administration and enforcement of the sales and use tax imposed by Chapter 3.08 of the Firestone Municipal Code by the State Department of Revenue, nor the administration and enforcement of Chapter 5.04 of the Firestone Municipal Code pertaining to general business licensing. INTRODUCED, READ AND ADOPTED this 20th day of November, 2019. • xr, 69 • quMLIJO 1/ 0 Resolution 19-97 0 ATTEST: STO Lisa Bartley, Clerk Pro-te 10 CU PR D AS TO FORM: illia yashi, Town Attorney • 0 Page 2 of 2 0 RESOLUTION 19-98 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FIRESTONE URBAN RENEWAL AUTHORITY, FOR PROPERTY TAX INCREMENT REVENUE SHARING RELATED TO THE BIGHORN URBAN RENEWAL PLAN WHEREAS, by Resolution No. 2009-22, on July 9, 2009, the Town of Firestone Board of Trustees (the "Town") established the Firestone Urban Renewal Authority (the "Authority"), under and in accordance with the Colorado Urban Renewal Law, Colorado Revised Statutes ("C.R.S.") § 31-25-101, et seq. (the "Urban Renewal Law"); WHEREAS, the Authority commissioned the preparation of a conditions study and urban renewal plan ("Urban Renewal Plan") for the area legally described in the Urban Renewal Plan and commonly referred to as Bighorn ("Plan Area"), and the Urban Renewal Plan described an urban renewal project for the elimination and prevention of blight that includes authorization for tax increment financing, retaining the incremental property tax `revenues from other taxing entities levying a tax in the Plan Area as a tool to fund public improvements in and around the Plan Area to stimulate and leverage private development in the Plan Area; WHEREAS, the Authority undertook negotiations with the governing boards of affected taxing entities, including the Town, pursuant to the Authority's notice under C.R.S. § 31-25- 107(9.5)(a) of the Urban Renewal Plan, and provided the Tax Forecast and County Impact Report dated October 2019, in order to reach agreement on how the incremental property tax revenues generated in the Plan Area will be shared, and to assess the financial and economic impacts of the Urban Renewal Plan on the taxing districts, including the Town; WHEREAS, Article XIV, Section 18 of the Colorado Constitution, C.R.S. § 29-1-201, et seq. and C.R.S. § 31-25-112 of the Urban Renewal Law, provide for and encourage urban renewal authorities and governmental entities within Colorado to make the most efficient and effective use of their powers and responsibilities by cooperating with each other to accomplish specific public purposes; WHEREAS, the Authority and the Town have determined that it is in the best interests of the parties to enter into an Intergovernmental Agreement for Property Tax Increment Revenue Sharing (the "Agreement"), attached hereto as Exhibit A to cure conditions of blight, facilitate construction of necessary improvements and the handling of property tax increment revenues, as more fully set forth in the Agreement; WHEREAS, the Town hereby finds that approval of the Agreement is in the Town's best interest and will serve the public's health, safety and welfare; WHEREAS, C.R.S. §31-25-107(1)(c)(11)(D) of the Act requires that agricultural land 19957155 may be included within the Plan Area, with the consent of each of the taxing entities, and therefore the Agreement also includes a provision in which the Town consents to such inclusion; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Town Board of Trustees hereby makes and adopts the determinations and findings contained in the Recitals set forth above. Section 2. The Agreement between the Town of Firestone and the Firestone Urban Renewal Authority, for an intergovernmental agreement for property tax increment revenue sharing related to the Bighorn Urban Renewal 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 Agreement on behalf of the Town; provided however, that this approval is conditioned upon and subject to the Town Board's future resolution approval, in its sole discretion, of the Urban Renewal Plan. INTRODUCED, READ and ADOPTED this 20th day of November, 2019. V�RES,,TOWN OF FIRESTONE, COLORADO ..... rs 4 O obbi SinJWar, Mayor 0O; •' GtiTY ..CO�p�' ATTEST: ' C.Y 1, Lisa Bartley, Clerk Pro-t n AS TO FORM: Williarrq?Aljayashi, Town Attorney 0 19957755.1 n �J INTERGOVERNMENTAL AGREEMENT FOR PROPERTY TAX INCREMENT REVENUE SHARING TOWN OF FIRESTONE, COLORADO Bighorn Urban Renewal Plan This Intergovernmental Agreement for Property Tax Increment Revenue Sharing (the "Agreement") is entered into as of November 20, 2019 (the "Effective Date") by and between the FIRESTONE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (the "Authority"), whose address is 151 Grant Avenue, P.O. Box 100, Firestone, CO, 80520, ATTN: Executive Director, 151 Grant Avenue, P.O. Box 100, Firestone, CO, 80520, and TOWN OF FIRESTONE, COLORADO, a political subdivision of the State of Colorado (the "Town") whose address is 151 Grant Avenue, P.O. Box 100, Firestone, CO 80520, ATTN: Town Manager, 151 Grant Avenue, P.O. Box 100, Firestone, CO 80520. The Authority and the Town are referred to herein individually as a "Party" and collectively as the "Parties." RECITALS. The following recitals are incorporated in and made a part of this Agreement. Capitalized terms used herein and not otherwise defined are defined in Section 1 below. A. Proposed Redevelopment. The Town has been advised that the real property described in Exhibit A (the "Property'), lying within the limits of the Town is being studied for designation as an urban renewal area in order to encourage redevelopment to eliminate existing blighted conditions which constitute threats to the health, safety and welfare of the community and barriers to development. B. Urban Renewal and Tax Increment Financing. The Authority has recommended inclusion of the Property in a proposed urban renewal plan, entitled the "Bighorn Urban Renewal Plan" (the "Plan" or "Urban Renewal Plan") authorizing and utilizing tax increment financing in accordance with the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. (the "Act"). The proposed Plan that includes the Property has been provided to the Town under separate cover. The final Plan approved by the Town Board of the Town shall be the "Plan" for purposes of this Agreement. C. Nature of Urban Renewal Project and Purpose of Agreement. The proposed Urban Renewal Project is necessary to serve the proposed Urban Renewal Area and to comply with §31- 25-107(4)(g) of the Act that requires the Plan to afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the Urban Renewal Area by private enterprise. Approval of the Urban Renewal Plan is subject to recent legislation, including requirements imposed by HB 15-1348 for new urban renewal plans adopted after January 1, 20t6. D. Impact Repo . The Authority has submitted to the Town a copy of the Tax Forecast and County Impact Report required to be submitted to Weld County by §31-25-107(3.5) of the Act, which includes a tax forecast for the Town. 19956710.2 • E. Colorado Urban Renewal Law. In accordance with the Act as amended to the date of this Agreement (including the requirements of HB 15-1348 and SB 18-248), the Parties desire to enter into this Agreement to facilitate adoption of the Plan and redevelopment of the proposed Urban Renewal Area described therein. The Agreement addresses, among other things, the estimated impacts on the Town's services associated solely with the Urban Renewal Plan. AGREEMENT NOW, THEREFORE, in consideration of the covenants, promises and agreements of each of the Parties hereto, to be kept and performed by each of them, it is agreed by and between the Parties hereto as set forth herein. C.R.S. 1. DEFINITIONS. As used in this Agreement: 1.1. "Act" means the Colorado Urban Renewal Law, Part I of Article 25 of Title 31, 1.2. "Administrative Fee" has the meaning set forth in Section 3.3. 1.3. "Agreement" means this Agreement, as it may be amended or supplemented in writing. References to sections or exhibits are to this Agreement unless otherwise qualified. 1.4. "Agricultural Land" shall have the same meaning as defined in §31-25-103 of the Act. 1.5. "Authority" means the Party described in the Preamble to this Agreement, the Firestone Urban Renewal Authority, a body corporate and politic of the State of Colorado. 1.6. "Bonds" shall have the same meaning as defined in §31-25-103 of the Act. 1.7. "Duration" means the twenty-five (25) year period that the tax increment or tax allocation provisions will be in effect as specified in the Plan, and pursuant to §31-25-107(9)(a) of the Act. 1.8. "Eligible Costs" means those costs eligible to be paid or reimbursed from the Property Tax Increment Revenues pursuant to the Act. 1.9. "Future Mill Levy" has the meaning set forth in Section 3.2. 1.10. "Impact Report" means the Tax Forecast and County Impact Report for Bighorn Urban Renewal Area dated October, 2019 previously submitted to the Town setting forth the burdens and benefits of the Urban Renewal Project. 1.11. "Party" or "Parties" means the Authority or the Town or both and their lawful successors and assigns. 1.12. "Plan" means the urban renewal plan defined in Recital B above. 1.13. "Project" shall have the same meaning as Urban Renewal Project. � g J 19956710.2 • 1.14. "Property Tax Increment Revenues" means all the TIF revenues derived from ad valorem property tax levies described in §31-25-107(9)(a)(II) of the Act allocated to the Special Fund for the Duration. 1.15. "Special Fund" means the fund described in the Plan and §31-25-107(9)(a)(II) of the Act into which the Property Tax Increment Revenues will be deposited. 1.16. "TIF" means the property tax increment portion of the property tax assessment roll described in §31-25-107(9)(a)(II) of the Act. 1.17. "Town" means the Party described in the Preamble to this Agreement, a Colorado statutory town, established and operating pursuant to §31-4-301, et. seq., C.R.S., a public body corporate and political subdivision of the State of Colorado. 1.18. "Town Increment" means the portion of Property Tax Increment Revenues generated by the Town's mill levy received by the Authority from the Weld County Treasurer and paid into the Special Fund as specified in Section 3.1. 1.19. "Urban Renewal Area" means the area included in the boundaries of the Plan. 1.20. "Urban Renewal Plan" means the urban renewal plan defined in Recital B above. 1.21. "Urban Renewal Project" means all undertakings and activities, or any combination thereof, required to carry out the Urban Renewal Plan pursuant to the Act. 2. Impact Report. The Parties acknowledge and agree that the Impact Report addresses the following information and hereby make and adopt the following findings relating to the Impact Report: (a) The Urban Renewal Project is projected to create benefits as specified in the Impact Report that will benefit the Parties, the region, and the State of Colorado. (b) The Duration of time estimated to complete the Urban Renewal Project is the twenty-five (25) year period of time specified in §31-25-107(9)(a) of the Act. (c) The estimated annual Property Tax Increment Revenue to be generated by the Urban Renewal Project for the Duration of the Urban Renewal Project and the portion of such Property Tax Increment Revenue to be allocated to fund the Urban Renewal Project are set forth in this Agreement and the Impact Report. (d) The nature and relative size of the revenue and other benefits and impacts expected to accrue to the Town; and other taxing entities that levy property taxes in the Urban Renewal Area are set forth in the Impact Report and include, without limitation: (i) The increase in base value resulting from biennial general reassessments for the Duration in accordance with §31-25-107(9)(e) of the Act; 19956710.2 (ii) The benefit of improvements in the Urban Renewal Area to existing taxing 0 entity infrastructure in accordance with §31-25-107(3.5) of the Act; (iii) The estimate of the impact of the Urban Renewal Project on Town and taxing entity revenues in accordance with §31-25-107(3.5) of the Act; (iv) The cost of additional Town and taxing body infrastructure and services required to serve development in the Urban Renewal Area in accordance with §31-25-107(3.5) of the Act; (v) The method under which the Authority will finance, or that agreements are in place to finance, any additional Town infrastructure and services required to serve development in the Urban Renewal Area for the period in which Property Tax Increment Revenues are shared; (vi) The capital or operating costs of the Parties and other taxing bodies that are expected to result from the Urban Renewal Project in accordance with HB 15-1348; (vii) The legal limitations on the use of revenues belonging to the Parties and any taxing entity in accordance with HB 15-1348 and SB 18-248; and (viii) The other estimated impacts of the Urban Renewal Project on Town and other taxing body services or revenues in accordance with §31-25-107(3.5) of the Act. 3. RETENTION OF PROPERTY TAX INCREMENT REVENUES. In compliance with the requirements of HB 15-1348 and SB 18-248, and in consideration of the agreement of the Town to the. adoption of the Urban Renewal Plan, and inclusion of Agricultural Land in the Urban Renewal Area, the Parties have negotiated and agreed to the sharing of Property Tax Increment Revenues as set forth herein. 3.1. Town Increment Revenues. The Town and the Authority agree that the Authority may retain and expend in furtherance of the Urban Renewal Project one hundred percent (100%) of the TIF revenues derived from the Town's ad valorem property tax mill levy (the "Town Increment"), commencing on the date of approval by the Town of the Plan, and lasting for the Duration. 3.2. Mill Levy Allocation. If the Town's eligible electors approve a new or increased mill levy fo-- any lawful purpose ("Future Mill Lew'), any revenue derived from the Future Mill Levy shall not be considered part of the Town Increment. Rather, upon approval by the eligible electors of the Town of a Future Mill Levy, the Town shall provide notification of the same to the Authority. From the date of such notice until the Duration has expired, the Authority shall annually deduct from. the Property Tax Increment Revenue it receives any revenues attributable to the Future Mill Levy, as applicable, and shall remit such revenues to the Town. 0 3.3. Authority Administrative Fee. An administrative fee equal to one percent (1%) of the Property Tax Increment Revenues as determined on an annual basis shall be retained by 19956710.2 • Authority from the Property Tax Increment Revenues (the "Administrative Fee'). Notwithstanding anything to the contrary set forth in this Agreement or in the Plan, the Authority shall be entitled to retain the Administrative Fee to pay the reasonable and customary administrative costs of the Authority incurred in connection with the Authority's obligations under this Agreement including, but not limited to, the collection, enforcement, disbursement, and costs related to Property Tax Increment Revenues and the Urban Renewal Area. 4. PLEDGE OF PROPERTY TAX INCREMENT REVENUES. The Town recognizes and agrees that in reliance on this Agreement and in accordance with the provisions of §31-25-109(12) of the Act, the adoption and approval of the Plan includes an irrevocable pledge of all of the Property Tax Increment Revenues, including the Town Increment, to pay the Authority's Bonds and other financial obligations in connection with the Urban Renewal Project. The Authority has elected to apply the provisions of §11-57-208, C.R.S., to this Agreement. The Property Tax Increment Revenues, when and as received by the Authority are and shall be subject to the lien of such pledge without any physical delivery, filing, or further act and are and shall be an obligation of the Parties pursuant to §31-25-107(9) of the Act. The Parties agree that the creation, perfection, enforcement and priority of the pledge of the Property Tax Increment Revenues as provided herein shall be governed by § 11-57-208, C.R.S. The lien of such pledge on the Property Tax Increment Revenues shall have priority over any of all other obligations and liabilities of the Parties with respect to the Property Tax Increment Revenues. 5. NOTIFICATION OF PROPOSED MODIFICATIONS OF THE PLAN, AGREEMENT NOT PART OF PLAN. The Authority agrees to notify the Town of any intended modification of the Plan as required by §31-25-107(7) of the Act. This Agreement is not part of the Plan. 6. WAIVER. Except for the notices required by this Agreement, the Town, as authorized by §31-25-107(9.5)(b) and §31-25-107(11) of the Act, hereby waives any provision of the Act that provides for notice to the Town, requires any filing with or by the Town, requires or permits consent from the Town, and provides any enforcement right to the Town for the Duration, provided, however, that the Town shall have the right to enforce this Agreement. 7. LIMITATION OF AGREEMENT. This Agreement applies only to the Town Increment, as calculated, produced, collected and paid to the Authority from the Urban Renewal Area by the Weld County Treasurer in accordance with §31-25-107(9)(a)(II) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado, and does not include any other revenues of the Town or the Authority. 8. INCLUSION OF AGRICULTURAL LAND. The Urban Renewal Area contains Agricultural Land, and this Agreement constitutes agreement by the Town to inclusion of the Agricultural Land in the Urban Renewal Area as required by §31-25-107(1)(c)(I1)(D) of the Act. The Act requires that Agricultural Land included within an urban renewal plan area to be valued at fair market value for purposes of establishing the base and calculating the increment. Accordingly, as demonstrated in the Impact Report, the Agricultural Land base value has been established at fair market rates. 19956710,2 0 9. MISCELLANEOUS. 9.1. Delays. Any delays in or failure of performance by any Party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God; fires; floods; earthquake; abnormal weather; strikes; labor disputes; accidents; regulation or order of civil or military authorities; shortages of labor or materials; or other causes, similar or dissimilar, including economic downturns, which are beyond the control of such Party. 9.2. Termination and Subsequent Legislation or Litigation. In the event of termination of the Plan, including its TIF financing component, the Authority may terminate this Agreement by delivering written notice to the Town. The Parties further agree that in the event legislation is adopted or a decision by a court of competent jurisdiction after the effective date of this Agreement that invalidates or materially effects any provisions hereof, the Parties will in good faith negotiate for an amendment to this Agreement that most fully implements the original intent, purpose and provisions of this Agreement, but does not impair any otherwise valid contracts in effect at such time. 9.3. Entire Agreement. This instrument embodies the entire agreement of the Parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the Parties. 0 9.4. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties and their successors in interest. 9.5. No Third -Party 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 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 person or entity other than the undersigned Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 9.6. No Waiver of Immunities. Nothing in this Agreement shall be construed as a waiver of the rights and privileges of the Parties pursuant to the Colorado Governmental Immunity Act, § 24-10401, et seq., C.R.S., as the same may be amended from time to time. No portion of this Agreement shall be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this agreement. 9.7. Amendment. This Agreement may be amended only by an instrument in writing signed by the Parties. 9.8. Parties not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, .or warranty to the contrary, the Parties shall not be_ deemed to be partners or joint venturers,'and no Party shall be responsible for any debt or liability of any other . Party. 19956710.2 • 9.9. Interpretation. All references herein to Bonds shall be interpreted to include the incurrence of debt by the Authority in any form consistent with the definition of `Bonds" in the Act, including payment of Eligible Costs or any other lawful financing obligation. 9.10. Incorporation of Recitals and Exhibits. The provisions of the Recitals and the Exhibits attached to this Agreement are incorporated in and made a part of this Agreement. 9.11. No Assignment. No Party may assign any of its rights or obligations under this Agreement. 9.12. Section Captions. The captions of the sections are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 9.13. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 9.14. Governing Law. This Agreement and the provisions hereof shall be governed by and construed in accordance with the laws of the State of Colorado. 9.15. No Presumption. The Parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. . Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted. 9.16. Notices. Any notice required by this Agreement shall be in writing. All notices, demands, requests and other communications required or permitted hereunder shall be in writing, and shall be (a) personally delivered with a written receipt of delivery; (b) sent by a nationally - recognized overnight delivery service requiring a written acknowledgement of receipt or providing a certification of delivery or attempted delivery; (c) sent by certified or registered mail, return receipt requested; or (d) sent by confirmed facsimile transmission or electronic delivery with an original copy thereof transmitted to the recipient by one of the means described in subsections (a) through (c) no later than 5 business days thereafter. All notices shall be deemed effective when actually delivered as documented in a delivery receipt; provided, however, that if the notice was sent by overnight courier or mail as aforesaid and is affirmatively refused or cannot be delivered during customary business hours by reason of the absence of a signatory to acknowledge receipt, or by reason of a change of address with respect to which the addressor did not have either knowledge or written notice delivered in accordance with this paragraph, then the first attempted delivery shall be deemed to constitute delivery. Each Party shall be entitled to change its address for notices from time to time by delivering to the other Party notice thereof in the manner herein provided for the delivery of notices. All notices shall be sent to the addressee at its address set forth in the Preamble to this Agreement. 9.17. Days. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the' regular transactions of business, or a is legal holiday pursuant to C.R.S. § 24-11-101(1), such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. 19956710.2 • • r1 U 9.18. Authority. The persons executing this Agreement on behalf of the Parties covenant and warrant that each is fully authorized to execute this Agreement on behalf of such Party. IN WITNESS WHEREOF, the Authority and the Town have caused their duly authorized officials to execute this Agreement effective as of the Effective Date. ���tES TpN .N TowN m'•• REAL o ATTEST: By: &�A� Acting Town Clerk ATTEST: By: 4ZOL [mil. ijLk� Recording Secretary TOWN OF FIRESTONE, COLORADO a political subdivision of the Pte of Colorado By: Title: 4Abbi Sin ar, Mayor FIRESTONE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado ,•.""TrZ:S7-^ram � 19956710.2 . Exhibit A The Property Firestone Big Horn Urban Renewal Area BEING A PART OF SECTION 17, T2N, R67W OF THE 6'm P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 17, THENCE S 89"52'35" W, 330.00 FEET ALONG THE NORTH LINE OF SAID SECTION 17 TO A POINT; THENCE S 02"09'00" W A DISTANCE OF 30.02 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND, AND THE TRUE POINT OF BEGINNING: THENCE S 02°09'00" W, 1359.91 FEET TO A POINT; THENCE N 32"06'00" E, 182.82 FEET TO A POINT; THENCE N 49'05'10" E; 95.06 FEET TO A POINT; THENCE N 56"44'35" E, 104.76 FEET TO A POINT; THENCE N 68°47'40" E, 58.42 FEETTO A POINT 30 FEET WEST OF THE EAST LINE OF THE NORTHEAST X OF SAID SECTION 17; THENCE 5 02"09'W W, 1544.15 FEET ALONG A LINE 30 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE NORTHEAST ti OF SAID SECTION 17 TO A POINT; THENCE S 01*50'35" W, 1921.15 FEET ALONG A LINE 30 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SECTION 17 TO A POINT; THENCE S 22°48'07" W, 81.53 FEET TO A POINT OF CURVE TO THE RIGHT; . THENCE 199.62 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENT, SAID ARC HAVING A RADIUS OF 165.00 FEET, A DELTA ANGLE OF 69-19'00" AND BEING SUBTENDED BY A CHORD THAT BEARS S 57"27'37" W, 187.66 FEET; �i THENCE N 87°52'53" W, 395.81 FEET TO A POINT; THENCE N 75"49'03" W,153.75 FEET TO A POINT; THENCE S 00°09'57" W 574.76 FEET TO A POINT 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST OF SAID SECTION 17; THENCE S 89'25'57" W, 612.03 FEET ALONG A LINE 30 FEET NORTH OF AND PARALLEL THE SOUTH LINE OF THE SOUTHEAST X SAID SECTION 17 TO A POINT; THENCE N 00'34'03" W, 633.60 FEET TO A POINT; THENCE N89'25'57" E, 105.00 FEET TO A POINT; THENCE N 00'34'03" W, 660.00 FEET TO A NO.4 REBAR WITH AN ALUMINUM CAP STAMPED LS 2149; THENCE CONTINUING N 00"34'03" W, 325.07 FEET TO A NO.5 REBAR WITH A PLASTIC CAP STAMPED PLS 22576; -HENCE S 89°25'57" W, 670.00 FEET TO A NO.5 REBAR WITH A PLASTIC CAP STAMPED PLS 22576; -HENCE N 00°34'03" W. 99.75 FEET TO A NO.4 REBAR WITH AN ALUMINUM CAP STAMPED LS 2149 AT A POINT OF CURVE TO THE LEFT; f Exhibit A-1 19956710.2 iTHENCE 670.45 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 750.00 FEET, A DELTA ANGLE OF 51`13'08" AND BEING SUBTENDED BY A CHORD THAT BEARS N 26°10'37" W, 648.35 FEET TO A POINT; • THENCE N 51"47'11" W, 118.29 FEET TO A POINT, THENCE N 38°12'49" E 645.98 FEET TO A POINT; THENCE N 51°47'11" W, 485.34 FEET TO A POINT; THENCE N 71'19'37" W 212.22 FEET TO A POINT; THENCE N 00°52'00" W, 707.88 FEET TO A POINT; THENCE S 89°08'00" W, 155.32 FEET TO A POINT, THENCE N 00°52'00" W, 646.77 FEET TO A POINT; THENCE S89°53'00" W, 44.96 FEET TO A POINT, THENCE N 00'07'00" W, 255.00 FEETTO A POINT OF CURVE TO THE LEFT; THENCE 110.72 FEET ALONG THE ARC OF A NON -TANGENTIAL CURVE TO A POINT OF REVERSE -CURVE, SAID ARC HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 128°52.11" AND BEING SUBTENDED BY A CHORD THAT BEARS N 26-26'54" E, 89.44 FEET; THENCE 32.18 FEET ALONG THE ARC OF SAID REVERSE CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 36°52'11" AND BEING SUBTENDED BY A CHORD THAT :BEARS N 18"33'06" W, 31.62 FEETTO A POINT; THENCE N 00°07'00" W, 265.00 FEETTO A POINT30 FEETSOUTH OF THE NORTH LINE OFTHE NW'/<OF SAID SECTION 17; THENCE N 89°53'00" E, 148.15 FEET ALONG A LINE 30 FEET SOUTH AND PARALLEL THE NORTH LINE OF THE NW Y. OF SAID SECTION 17 TO POINT 30 FEET SOUTH OF THE NORTH % CORNER OF SAID SECTION 17; THENCE N 89°52'35" E, 2395.38 FEET ALONG A LINE 30 FEET SOUTH AND PARALLEL TO THE NORTH LINE OF THE NORTHEAST % OF SAID SECTION 17 TO THE TRUE POINT OF BEGINNING. SAID PARCEL HAVING AN AREA = 235.43 ACRES, MORE OR LESS. Exhibit A-2 19956710.2 • RESOLUTION NO. 19-99 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2020 AND ENDING ON THE LAST DAY OF DECEMBER, 2020. WHEREAS, the Board of Trustees of the Town of Firestone has directed the Town Manager to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Manager has submitted a final proposed budget to this governing body on December 4, 2019 for its consideration; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, in accordance with Article X, Section 20 of the Colorado Constitution, • approved by the voters on November 3, 1992, an "Amendment One Emergency Reserve" is included in the budget in a total amount estimated to equal three percent (3%) of the Town's fiscal year spending excluding bonded debt service; and • WHEREAS, whatever increases may have been made in expenditures, like increases were added to the revenues, so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this Resolution, be, and the same hereby is, approved and adopted as the budget of the Town of Firestone for the calendar year beginning on the first day of January 2020 and ending on the last day of December 2020. Section 2. The Board of Trustees hereby confirms that as part of said 2020 Budget, there is designated a portion of Water Fund net assets for future Northern Integrated Supply Project (NISP) participation costs, as set forth on the "Calculation for Unrestricted Board Designated Water Net Assets for NISP Project Costs " within such Budget. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. I 0 INTRODUCED, READ AND ADOPTED this 4th day of December, 2019. Attest: tvyu�p� Lisa Bartley, Acting TAn Clerk TOWN OF FIRESTONE, COLORADO bit Sin elar, Mayor 2 . RESOLUTION NO. 19-100 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE 2020 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 4, 2019; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to total proposed expenditures as set forth in said budget; and WHEREAS, it is required by law but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, for the purposes stated: • General Fund $ 16,677,219 0 Capital Projects Fund $ 7,827,751 Debt Service Fund $ 993,200 Firestone Finance Authority $ 150,250 Firestone Urban Renewal Authority — Southern $ 0 Firestone Urban Renewal Authority — Northern $ 1,642,729 Firestone Urban Renewal Authority — Central $ 637,840 Firestone Urban Renewal Authority — Big Horn $ 45,410 Water Fund $ 10,193,183 Stormwater Fund $ 584,724 Total Appropriations & Transfers: $ 38,752,306 I 0 INTRODUCED, READ, and ADOPTED this 4th day of December, 2019. FIRES �T•f •• T Ory rm = �� •_, r- ' : o G�rY..CQ�p�' Attest: 4s,&W�� Lisa Bartley, Acting ToGn Clerk • 0 TOWN OF FIRESTONE Bo id Sindelar, Mayor . RESOLUTION NO. 19-102 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIESTONE, COLORADO, PRESCRIBING WATER RATES, FEES, TOLLS AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") operates a municipal water system; and WHEREAS, the Town and Central Weld County Water District ("CWCWD") are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, CWCWD from time to time imposes increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of operating and maintaining the Town's water system, including completion of a water rate study and an analysis of capital needs, and in consideration of applicable CWCWD increases and increases in the costs of operating, maintaining and improving the Town's water system, the Board of Trustees has determined that increases in the water system rates, fees, tolls and charges are necessary; and WHEREAS, the current water taps fees and monthly water rates do not adequately provide • for the capital needs and operations of the Town's water system; and WHEREAS, the Board of Trustees by this resolution desires to establish various rates, fees, tolls and charges for Town water service and water usage, effective January 1, 2020; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section t. Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system; n �J • Meter Base Rate Water Water Charg a Per 1,000 Gallons Included in Base Size Charge Rate Gallons Rate (Gallons) Residential 5r8" $ 28.62 -0- 3r4" $ 43.89 -0- 1" $ 72.50 -0- 1-1/2" $ 143.08 -0- $ 230.84 -0- Residential 0-5,000 $ 2.71 5,001-20,000 $ 4.77 20,001-40,000 $ 7.64 Above 40,000 $ 9.55 Commercial, Industrial, Irrigation, Mobile Home Parks, Multi - Family 51" $ 28.62 -0- 34' $ 43.89 -0- 1" $ 72.50 -0- 1- 112" $ 143.08 -0- �" $ 230.84 -0- v" $ 431.15 -0- 611 $ 1,704.73 -0- Commercial & All usage $ 4.21 Industrial Irrigation Only All usage $ 6.40 Mobile Home All usage $ 5.15 Parks Out —of-Town Base rates and gallon charges for any out-of-town service shall be two • REtes times the in -town rate and charges. 0 Section 2. Connection, capital investment and repair fees. The following connection and capital investment and repair fees shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights - of -way, open space, or medians, or any facility developed, owned or paid for by the Town. Meter Size Total 518" $ 12,800 314" $ 18,200 1" $ 30,000 1-112" $ 60,000 2" $ 96,400 Connection and capital investment and repair fees as well as any other fees for taps requiring a meter larger than 2" shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town, connection and capital investment fees imposed by CWCWD, and all other factors relevant to the application. All taps requiring a meter larger than 2" and all taps applied for where the service requested is outside of the Town limits shall be by contract with the Board of Trustees. Out-of-town taps of 2" or less shall be charged fees at two times the amount of in -Town fees. Section 3. Construction Hydrant Meter Rental Terms. The following fees shall be imposed for hydrant meters supplied by the Town for construction water use. A Hydrant Connection Permit must be obtained from the Town Clerk prior to any water being used from any fire hydrant. Such permit shall be valid for a period not to exceed 6 months. Deposit $ 3,200.00 per meter Administration Fee $ 25.00 per permit Meter Rental $ 4.00 per day Late Charge $ 5.00 per day Water Usage Rate $ 4.21 per 1,000 gallons 3 . Section 4. Meter & Yoke Fees. The following fees shall be imposed for Meter and Yoke assemblies installed by the Town far new service connections; such fees for taps requiring a meter larger than 2" shall be as set by contract with the Board of Trustees: Meter Tap Size Administrative Fee Meter & Yoke Cost Total Meter & Yoke Fee 5/8" $25.00 $ 1,057.22 $1,082.22 3/4" $25.00 $ 1,118.34 $1,143.34 1" $25.00 $ 1,465,75 $1,490.75 Meter Tap Size Administrative Fee Meter & Yoke Cost Total Meter & Yoke Fee 1-1/2" Commercial $25.00 1-1 /2" Irrigation 2" Commercial 2" Irrigation Section 5. $25.00 $25.00 $25.00 $ 3,453.65 $ 2,512.67 $ 4,661.09 $ 3,055.58 $3,3478.65 $2,537.67 $4,686.09 $3,080.58 This Resolution shall become effective on January 1, 2020. Section 6. Town of Firestone Resolution No. 19-39 is hereby repealed in its entirety. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS 11TH DAY OF December, 2019. TOWN OF FIRESTONE, COLORADO T r TOWN •"y 0 i Sindel *1SEAL:a ATTEST: a :• o G V��K Lisa Bartley, Acting Awn Clerk • 4 . RESOLUTION NO.19-102 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIESTONE, COLORADO, PRESCRIBING WATER RATES, FEES, TOLLS AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") operates'a municipal water system; and WHEREAS, the Town and Central Weld County Water District ("CWCWD") are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, CWCWD from time to time imposes increased charges pertaining to the provision of water service to the Town; and 1 WHEREAS, after review and analysis -of the costs of operating and maintaining the Town's water system, including completion of a water rate study and an analysis of capital needs, and in consideration of applicable CWCWD increases and increases in the costs of operating, maintaining and improving the Town's water system, the Board of Trustees has determined that increases in the water system rates, fees, tolls and charges are necessary; and WHEREAS, the current water taps fees and monthly water rates do not adequately provide . for the capital needs and operations of the Town's water system; and WHEREAS, the Board of Trustees by this resolution desires to establish various rates, fees, tolls and charges for Town water service and water usage, effective January 1, 2020; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: Meter Base Rate Water Water Charge Per 1,000 Gallons Included in Base Size Charge Rate Gallons Rate (Gallons) Residential 5/8" $ 28.62 -0- 3/4" $ 43.89 -0- 1" $ 72.50 -0- 1-112" $ 143.08 -0- 2" $ 230.84 -0- Residential 0-5,000 $ 2.71 5,001-20,000 $ 4.77 20,001-40,000 $ 7.64 Above 40,000 $ 9.55 Commercial, Industrial, • Irrigation, Mobile Home Parks, Multi - Family 5/8" $ 28.62 -0- 3/4" $ 43.89 -0- 1" $ 72.50 -0- 1-112" $ 143.08 -0- 2" $ 230.84 -0- 3" $ 431.15 -0- 6" $ 1,704.73 -0- Commercial & All usage $ 4.21 Industrial Irrigation Only All usage $ 6.40 Mobile Home All usage $ 5.15 Parks Out --of-Town Base rates and gallon charges for any out-of-town service shall be two • Rates times the in -town rate and charges. ►A • • Section 2. Connection, capital investment and repair fees. The following connection and capital investment and repair fees shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights - of -way, open space, or medians, or any facility developed, owned or paid for by the Town. Meter Size Total 518" $ 12,800 314!' $ 18,200 1" $ 30,000 1-V2" $ 60,000 2" $ 96,400 Connection and capital investment and repair fees as well as any other fees for taps requiring a meter larger than 2" shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town, connection and capital investment fees imposed by CWCWD, and all other factors relevant to the application. All taps requiring a meter larger than 2" and all taps applied for where the service requested is outside of the Town limits shall be by contract with the Board of Trustees. Out-of-town taps of 2" or less shall be charged fees at two times the amount of in -Town fees. Section 3. Construction Hydrant Meter Rental Terms. The following fees shall be imposed for hydrant meters supplied by the Town for construction water use. A Hydrant Connection Permit must be obtained from the Town Clerk prior to any water being used from any fire hydrant. Such permit shall be valid for a period not to exceed 6 months. Deposit Administration Fee Meter Rental Late Charge Water Usage Rate $ 3,200.00 per meter $ 25.00 per permit $ 4.00 per day $ 5.00 per day $ 4.21 per 1,000 gallons Section 4. Meter & Yoke Fees. The following fees shall be imposed for Meter and Yoke assemblies installed by the Town for new service connections; such fees for taps requiring a meter larger than 2" shall be as set by contract with the Board of Trustees: Meter Tap Size Administrative Fee Meter & Yoke Cost Total Meter & Yoke Fee 5/8" $25.00 $ 1,057.22 $1,082.22 3/4" $25.00 $ 1,118.34 $1,143.34 1" $25.00 $ 1,465.75 $1,490.75 Meter Tao Size Administrative Fee Meter & Yoke Cost Total Meter & Yoke Fee 1-112" Commercial $25.00 1-112" Irrigation 2" Commercial 2" Irrigation Section 5. $25.00 $25.00 $25.00 $ 3,453.65 $ 2,512.67 $ 4,661.09 $ 3,055.58 $3,478.65 $2,537.67 $4,686.09 $3,080.58 This Resolution shall become effective on January 1, 2020. Section 6. Town of Firestone Resolution No. 19-39 is hereby repealed in its entirety. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are. hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS 11r' DAY OF December, 2019. ATTEST: • JEAS;C.o. K.0 �onCle.ra., TOWN OF FIRESTONE, COLORADO 1%n / "6 11 . 6 0 • RESOLUTION NO. 19-103 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTIONE, COLORADO, LEVYING GENERAL PROPERTY TAXES FOR THE 2019 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2020 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Firestone on December 11, 20 t 9 adopted the annual budget for the 2020 budget year in accordance with the Local Government Budget Law; and WHEREAS, a general property tax mill levy is necessary to defray the general expenses of Town government for the 2020 budget year; and WHEREAS, the 2019 valuation for assessment for the Town of Firestone as certified by the County A -.-sensor is $250,600,402; and WHEREAS, the Town is exempt from the statutory property tax revenue limitation (5.5% limit) due to voter approval of Ballot Issue A at the April 2, 1996 regular municipal election; and • WHEREAS, the Town is exempt from the fiscal year spending limitation imposed by Article X, Section 20 to the Colorado Constitution, due to voter approval of Ballot Issue A at the April 2, 1996, regular municipal election; and WHEREAS, the Board of Trustees must certify the mill levies for the 2020 budget year by December 15, 2019, and by this Resolution desires to so certify its general mill levy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 2020 budget year, there is hereby levied a tax of 6.805 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2019. Section 2. That the Town Director of Finance is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levy for the Town of Firestone as herein above determined and set. • INTRODUCED, READ, and ADOPTED this I I" day of December, 2019. ,�R ownto�J� SEIU Attest: a 'v¢� UUN,-Y• Gp� Lisa Bartley, Acting ''own Clerk • 0 TOWN OF FIRESTONE, COLORADO . " "I'll, F 0AN �I v J it -z Mayor RESOLUTION NO. 19-104 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AMENDMENT TO AN EXISTING FINAL DEVELOPMENT PLAN FOR CERTAIN REAL PROPERTY LOCATED AT LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH NIINOR PLAT WHEREAS, on November 11, 1999, the Board of Trustees adopted Resolution 99-39, approving a Final Development Plan "FDP" for the DEL CAMINO BUSINESS PARK P.U.D. a subdivision providing 20-lots for commercial and light industrial type uses consistent with the RC and EC Zone Districts located near Business Park Circle within the Town of Firestone; and WHEREAS, there is an existing 10,584 square foot commercial building, parking lot with 37- parking spaces, landscaping, and trash enclosure situated on Lot 3 of Del Camino Business Park subdivision, commonly known as 11347 Business Park Circle, as shown on the attached Exhibit A (the "Property"); and WHEREAS, Perception Design Group, Inc. ("Applicant") on behalf of owner, Agra Holdings, LP, has submitted an application to amend the existing FDP to allow for construction of a 5,504 square foot addition to the existing building on the Property, as shown on the attached Exhibit • A (the "Application"); 'WHEREAS, the Firestone Planning and Zoning Commission, after conducting a public hearing on the Application on November 7, 2019, rendered a decision recommending approval of the Application with three (3) conditions as more fully set forth in PC-19-15, dated November 7, 2019; and WI IEREAS, on December 11, 2019, the Board of Trustee conducted a public hearing on the Application; 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 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 BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. The Board of Trustees acknowledges the Planning and Zoning Commission's findings of fact in this case, as detailed in Resolution PC-19-15. Section 2. The above Recitals and Findings of the Board of Trustees are hereby incorporated into this resolution. • Section 3. The LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT, AGRA HOLDINGS, L.P. BUILDING EXPANSION Final Development Plan Amendment No. 2, 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) Within one -hundred twenty (120) days of the date of adoption of this resolution, Owner and/or its successors or assigns shall dedicate to the Town of Firestone an additional one (1) CBT water share, or make payment to the Town of Firestone of an amount equal to the value of one (1) CBT share in lieu thereof. (b) The LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT Final Development Plan Amendment No. 2 shall not be recorded until such time as all conditions of this section have been fulfilled by AGRA HOLDINGS, LP. Section 4. Approval of the LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT, AGRA HOLDINGS, L.P. BUILDING EXPANSION Final Development Plan Amendment No. 2 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 this May ofbttZn4QW , 2019. ATTEST: �1REST� 0 OAF CJ i i O oGtiTy co�o�� Lisa Bartley, Acting TQn Clerk APPROVED AS TO FORM: Wi iam ayas own Attorney • F) TOWN OF FIRESTONE, COLORADO FAK'0051�WaIOMMW • EXHIBIT A LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT, AGRA HOLDINGS, L.P. BUILDING EXPANSION FINAL DEVELOPMENT PLAN NO.2 0 OWNER �esrouccoa rmaroew comrcr m smu CIVIL ENGINEER �aEswxLP�w �L, vnaamvurcErmnE�Pxom�.wax CONTRACTOR ARCHITECT � Axasrex LANDSCAPE ARCHITECT ELECTRICAL ENGINEER BENCHMARK EwsewcawLxmll[Bu g,:wP[E[,m Ox:gsrx EwnxF N�¢•i �t;ar�m�Esr [pEvx OEx,Ht9ECIGx OFFWEEfONE ryw,aW spd•m s:w, Esemxxx.uuzas l,sn xnw� WATER METER TABLE ,nE LOE�EMIu PMIGePpy FINAL DEVELOPMENT PLAN -AMENDMENT NO.2 AGRA HOLDINGS, L.P. BUILDING EXPANSION LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO COVER SHEET SNLL I I OF 9 t SITE VICINITY MAP SHEETINDEX f LMEP 61EEf 2 riPR11NE 6PSPLLV P•oPcaue,rt�Pv sew i+2Pr oti•W LAND USE TABLE LEGAL DESCRIPTION :mP. o¢ rwPmaucnx auPEess wnxvxu.nx uixrramme«ua,r_m,zn PELEvmxw.uz�wr+erexEOE.,eE a Prex¢n�xm�rn¢.w�wesaxsv�inm�acrn��arm��m�xr�ieru �wu�n P�iu�w �+�o�esm+�, m` cwxrroE�¢ uu>EOEcaauao. APPROVAL BLOCK .vrreovEn sr PxE m:w soaPn or mEa+Ess of rHE mrm or mEsro,c ACCEPTANCE BLOCK AND NOTARY Pr � EP.. ��ux��P•xPaELEP,r.�. r�PE�E, amn nEnEw. •r�u,oawmL.vecaeuro,•,•rEo wrtsErxs,rnumu uen¢u. AeEsnE. mE �PEm�.�,RNw,, w.•.�¢x�,[� PEroPE xE Px� ,Unx. ww]C ur [orpsy)N EM6£5 PERCEPTION aESiL�'Wour, IxC. A13RA HOLDINGS, L 0 0 0 o.IECT co.cErr IA SO F�vsiw'�iovelvia �sso�IiEo wrt� ¢nP10µEnno�ippnx 1ExpflFn sNE OF THE IX4ETWG BLI.1-1—CITpulSTRE —E FFER5 WFMFLOORARFA oFLi536 S—RPPR_Apprtnuuiv,A IVFW TRa.SH FNFALSURE, WATER sETtVFPE, Auo Aoortnuu PARsdG sP.N:E9 utE PROPOSED. F..... ENTALIMV0.CTMRlc . rA I t MAIN rLNANGf. CONTROLS AND ENFORCEMENT —LOT OWNER IB REEPo 1- FOR MEINTENUKE eF PRYAT4n ER — ORE. spA[ F LANDSCAPE on COMPLIANCE MM FINAL "'I DRAINAGE T -ET. o m .7 WHRIEVAENTAI POCWENT6 FORA PE6cRIPT TN4 snE M olslGUEo To mu4PRu TO IN FAC.uREA AUcvsT,S. ,PRE. PuoPosLn.',TIHF PARKING nLrzrtS ERVK es w[��To RENYE 1HE P—IAIII=,. THE FouowMc lHimEs wO�nA PROVIPE THE FPHpA'wG PPLR:4P—TER pu --a FIRE PfleIECTION FlREsION£ FREPER_ FIRE En.— oEpRln RF N PUBuc MSFv uuEs FOR WATER, saurtART, 51ouP WATER, ELECTRIC. ANP GAS RE1MG5 —SERVICCEovE91-1ES I.THEEK.—II.I.-C. pEu FINAL DEVELOPMENT PLAN -AMENDMENT NO.2 AGRA HOLDINGS, L.P. BUILDING EXPANSION LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT TOWN OF FRESTONE, WELD COUNTY, STATE OF COLORADO NARRATIVE TEXT SHEET zur9 ARCMTECTURE R,'r.T6z .SS -.-FEET FER RooR, Bv.owcAeomoNroAN FraTwe SIGN PROGRAM NO NEW 51GNAGE s pROPasEP WITH THIS AUENPMFJ4T. ExisTluG SrWAGE SHALy RlRN1N. BUILDING HEIGHT THE BVILPUG H£R%Rl n: v'a'As gEovu ou TNP EIF.yAnnu 5NF'F'r SETEACKS T. RMVELOPMENITSCHEDULE APPflO[tNATE COMPtEFWN DATE: NNE 1. 2020. UART I �� CIRCULATION SYSTEMS FINE usI.. PARK..I,E- THE HOURS OF OPERATION THE NOMNS PG GPENAIgN OF THs C-RE — BE — A.M. ToSW I.A. s DAYS FEH wEt�c BUILDING ADDRESS CST WAT@R SKI wATER pEPIuIARuw1g pETLnwuEp R+SEo Ou wFoquemu gRPW Poo 8T' 1HEAPRLIuuF,THE HOVE THE RIGNFTO REOUIREAPPRpuAL WATER pEPICATpN IFACTlM1 CONSUNPTpN IXCEEP6 TOWN.INE AooM1pwEOE01cATpw9wtt BE BnBEP ON irE nDWEf8 THEN CMRNLREwAICR sv THE PROPo6EP PENAuo��� sgNAREs EC6nuc ret SNARES cRkvlousLv oEoicwi p' fsxaREs wlE DI %„ARE 4 WFL se rvANSEeHREo l01nEloWN oR r.PSI mauv aAruENr MaoE ALLOWED USES OFFICE M AU ALLOWER — PERCEPTION AGRA HOLDINGS, L.P. • i �I s EI 0 � X � L a } b I I Y w Z �o o F = i U WO E I Z P FINAL DEVELOPMENT PLAN — AMENDMENT NO.2 AGRA HOLDINGS, L.P. BUILDING EXPANSION — — _ LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT — TOWN OF FRESTONE, WELD COUNTY, STATE OF COLORADO � �� �� � SITE PLAN —_` LOT 3 ` ` SHEET30F9 `sruwfoas,,..x `�\` \� DEL CAMINO JUNCTION BUSINESS PARK 41 MINOR PLAT I I I \ h� II I ss r- IwcNrr� \ \\ tP� LOTS \\ DEL CAMINO JUNCTION BUSINESS 10T. \ R \� �.\ PARK 4TH MINOR Pin:L IN I I: r o CNrrEF`Y' 1 I I i 5(�s?t,t ...ac�a �c>'G III �� ,'I :• l I: y4 ll 1 ' I I � I I II Ir I I •_ — J I L0T 6 BLOCK 1 ---el6Pc sfiraTrx-- I DEL CAMINO JUNCTION BUSINESS I q —--------4f 'I ARK MI;iO ❑MINOR PLOT �h ra 44 HEBAR WIrHR a.N.�..e ••"" _..__. RE➢PLASTIC CAP rrfx LOT 4, BLOCK STAMPED LS 17552 DEL CAMINO JUNC IDN BUSINESS PARK PUD LEGEND A 7& � r>wxa,c�m;rl,�a�r :s umurrc,wu inm.:lr I--�-�--I--I-� alnaC3wuf LL_h__I__LJ co1CA£IE w,vfxfxr •`� LriKREIedRelGtalTEa GRAPHR SCALE PERCEPTION SEPTEMBER4,2019 SITE PLAN SHEET 3OF9 AURA HOLUINUS, L.P. • FINAL DEVELOPMENT PLAN - AMENDMENT NO.2 AGRA HOLDINGS, L.P. BUILDING EXPANSION LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT — ice TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO GRADING AND UTILTTY PLAN SHEET 4 OF 9 43 1..� PRo�P05l�inR' P_ CORP RIOP.c RB ?� ; 14 \ ISTOP rnO xETER �1` `` \� I t-x m RExwra \VY t ;1 I FFE •IG0 �F 9A t1 LEGEND a P,gPp5E650M0xR w PpPnStoPevrmPn �--- a'SIN � gpPOSf)4 �pMSAVEA .LFr y. roroxrrR ,^ Rxawgnr�PFsvre ___________ ` E,.r—rofiam,e,ws,rars,oxe 1 t - GRAPHC SCALE BENCHMARK PPESTpxEBfhGHNPP &11k FafaEd's'W xcgrx,ao of „uw+xuarxwnv,ESTccn4ER uimPrcEcrxR,or RREsrca,EeEw ..wmwuoo l.w. E.Ev.rox•Wasx f,o»ruwp w�rcaaawla ttYl Mle S�RRBEPOI. NP1 u]u&BEtt 10.Mti RMSIdI MR'. PERCEPTION I SEPTEMBER 03, 2019 GRADING AND UTILITY PLAN SHEET 4OF9 AGRA HOLDINGS, L,P 0 L xlvl.4 THE a�,rr may, ,a�pnii] D9If +l ml v 0.A v uo HnP T A.�R➢,.hP. [Yafn MMwrt d�cc K x ura rh tu�ullwY so, wY Eo, FIE KID Rr, perry �rt� au,� e[ IY1 x 6 b Rwi a vEQ A aIYR[ RML s m[ . will, ntrr mYn.vY f1V w s-I¢, isr ICv IR WNUI} urnoRwl FINAL DEVELOPMENT PLAN - AMENDMENT NO. 2 AGRA HOLDINGS, L.P. BUILDING EXPANSION LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO UTILITY DETAILS SHEE I.5 OF 9 I i I I m- ar wlul ® m m- wR rraF PLAN m- RE I O r T� 1 1 /2' - 2' WATER METER DETAIL WATEII EDNSTEUC70pN P: DMNZ v'n Mlt WSJ C .HmI. GENERAL METER NOTES , Lolwrgx of T,a EETeflroeEFs,Ae,.IgIQ:oRVTHEOEVELOPMCM- EHG9iFER 2 rLL 6ETTWGBN 9T 9E MSAECfEp ST iHC IasmEM FRaEcc REPfiEBENTAT1vE ]. PTI@6TREET 0A GRpW6q N0TTp 0FFICY10RAl1E AT THE TYFl1F i wCTµL/.TgNy T,R IgIER Ixt VNNEA LNST RAIEE pLLOWEfl THE METER i YulLTTN/EN THE FRYL CRA➢E q EBTARLgHEo. , �. ,tADEo.Dui,sAlalGuvANIJio FwRn uw.L,ror Re uirnveo wsmF THE METER VAULTS !. ADYPA39 gT00E w9TALLEp pN,-,lTANp LARGER VETERB URIEBB ' VMERVA:'-E SFECffIFA. !, THE bERVICE LRIE IlRIOUDH AND OH DOTE WpED OF THE LIFTER PDf1UDT BE OF THE snxE uATERw.. T. IN THE �—T. SRi M C%CNwEpTIa1S WSl BE IAA�E 1ADilC TNAH PNE pl FEET FRVAI T,E uEIER FR CN THE pPWL4TRF W 9pE. 0. GATE VALVE& Ae1 OATS WUVEB LVAER Y FOR uSE wR.�Pve aIRE SHui RE ALL ~ ERQlRE. Wl Nd4Rl&HU 6TEM5 AYp SOLIp YIEppE pqC. uANUFACTtweo w AGooRDA1EE vnTH n9--TAT. 8°EG E83 ANp FEDERAL SPEC W W: V.9. tt19S A, I?Ss51 W,BP, XgPSI W O.O.OR CukB 6T0P9 w AFC0RP44CE WfiH AWAtA pSpp AHD M931 pF THE NATER41 RPECIFCAlW,6. B. ASl6ATE VALYEe rAl[] LARGER SHALL CONFOPAIVRM THE TOMN OF FlRESrp�g sTAImARp sFEc�RaTwHs. 9. ALL DRESSER RPi APPROVED E0WLIC0UPLwG9 SHALL IHVE THE PIPE ST0P RE1gVEp. WAIEAMETER NOTES WATCRCOIMMCrM DRAWINGS y,e YRlTA FP aPRTpLR M, .tlV ' � PPIATIn MSE � HTmam[AAV DOWEL JOINT DETAIL SHEET TEE-0 STREE MAWMRUC1T0q ypWp li.ii � R�@T[d 11C[1OM ��W npRr xmE IYRI.5TIAE. DRATmI4S :EPTION I SEPTEMBER "' LN UTILIT(DETAILS SHEET 3 OF 9 AGRA HOLDINGS, L.P. 0 0 0 4 m G PJ4 p y 5 �l m + S � � � � A.�• Ywz a = W°a l7°m Z= �J T' roil 55� j a C LD ng }— w t— Z � Li J o I W� :\ IL ,• J seza�sos E 'E 01 warn i� 5ai� O '}1 6 3 3��� a e����saab FINAL DEVELOPMENT PLAN —AMENDMENT NO.2 AGRA HOLDINGS, L.P. BUILDING EXPANSION LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO EXTERIOR ELEVATIONS SHEET IUF9 E.EVATM HATEWAL LE5W �I SYNREIG 5TLC(O R[ISEI - TO mA B.b u -— - — - — - — - — - — - — - — - — - — ------ Ta ROL£ �j FETAL vmF�w�FFA }-.o 1�.LN FfaS,AG CJ LI ❑9 + & F, A tCOM 2T&O - W WU E TM �-F 3 IS I 3J i!1— l3I— 0 1 0NL TRM taLHG(PARK BPAW - TO MN E45W -111 Call I®®1 11111000 11 Q claim mmm ii_1 111111191-1 11�clown UFA RM VWBFP'. u yfe.raFs 21 NORTH ELernrloN ,¢ 32. STUDIO p :XTERIOR ELEVATIONS SHEET 70F9 AGRA HOLDINGS. LLC. 0 �15al7H ELEVATION E S 'ol•N FINAL DEVELOPMENT PLAN - AMENDMENT NO.2 AGRA HOLDINGS, L.P. BUILDING EXPANSION LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PEAT TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO EXTERIOR ELEVATIONS SHtt I I; OF 9 -------------------- TAT ----------------- 1R it i F ELEVATION MATERIAL I.Ef"' MI sywn w51vK Rkm-TO*TLH EX q1 0 NS ROOF ((OR'H osv - TO MTL FXIS ❑5 i TAL FMUA [ WP 00- TO IMTGI Eb TM ❑A VJ FYL ]Om LQLYW VARK Wla" - TO MA EOTW5 ® LTlLRAITJE ww T IPA wzwu - To MAATCR FJA5TIN6 © PR T5TOIE(UWT ; - TOM 7M5 TM O WOFihUXN TRM MROM) - TO MTCH MTV6 0 FRCOAST STM fTAW�l- 70}ATCN ZMTT5 OR 6' OW.. AT TR 4 6@ Tm � ®] DAIGE 5M (Cp'RR J I><5 F TW b M IF Po5 O E RUVa MP R Al A5 FELEf TRf) ❑b FRCPo'tD F Avm FOR COIDm$6 FN151FJf6 w COIDQ m p1.FT5 ARE I aiFn 1105 Ai TA A5v u II ltl1.LLN 1 & WTOF ACCE6 DWR - PARI TO MAT]I ATl1 "5M ® FETAL 006-PAW TO MTG SAW: 9RDNl lL CO 5TAN FIW W�BFk K SEa'EwBt N.mio Fil oFs 3Z. STUDIO N AGRA HOLDINGS, U • DDW.11 sSize1 I LE�w uLumina;re Ym.aaY_ e..,u�� 'n.nW.usr a.a, a. mm+t e�cw, �••a�m,aw•d sw.•r�a. �� — e,d Ydo:'t`a n iwuw • tlwL ,rvbrn tl riyi a�dYw,dJN �owW�.IPv4w•d oww Y. .gym..,+.+VW vw,rem.i ' I._....--� i ,A. PSttn WM •. uiw/e.Ixmwrwrr � •:..r y..y.an:..wnv^oH,w4w�M-- r- — -- �- 7r.CA FINAL DEVELOPMENT PLAN - AMENDMENT NO.2 AGRA HOLDINGS, L.P. BUILDING EXPANSION LOT 3, DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO PHOTOMETRIC SHEET SHEET 9OF9 f RF£ _ rtl9a SITE PHOTOMETRIC PLAN KEY NOTES o---—,---n's,o—'. .0 �iamos,�a cwm sm NYE6uRlulYY1 �G"UIla-ellra.lP.aM'IG F]'PULm! hFfu A.exrteL' FxSE.wefR �'n10n NiE lE d� tea« l7By_'S ��K - AGRA HOLDINGS, L-C. RESOLUTION NO. 19-105 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A PROFESSIONAL SERVICES CONTRACT MASTER SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE CONSULTING WATER ENGINEERS, INC. WHEREAS, Leonard Rice Consulting Water Engineers, Inc., ("LRE"), currently serves as consultants for the Town of Firestone ("Firestone") and are involved in developing strategies and tactics, and manage and direct projects and initiatives related to: water rights and water supply, water delivery and Water treatment projects, and work with other parties as needed; and evaluate and create other initiatives; and WHEREAS, LRE has performed such services for Firestone since 2017, and given LRE's skill, experience, expertise and qualifications, Firestone desires to continue their relationship with LRE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Professional Services Contract Master Services Agreement between the Town of Firestone and Leonard Rice Consulting Water Engineers, 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 sign the Agreement. INTRODUCED, READ AND ADOPTED this 11 th day of December, 2019. ATTEST: FIRES,. C� `• ' O OG�T •• ... : �PQ �� •COL 1J1.ezfk Town Clerk) v�d� APPROVED AS TO FORM: i lam, P. Hayashi, Town Attorney M.140, P, -- U&N OF1 F STONE,_COLORADO bi Sind , Mayor C), FIRESTONE PROFESSIONAL SERVICES CONTRACT MASTED SERVICE AGREEMENT THIS AGREEMENT ("Agreement"), made this I lth day of December, 2019, between the Town of Firestone, a statutory Colorado town, whose address is 151 Grant Ave., P.O. Box 100, Firestone, CO 80520, hereinafter referred to as "FIRESTONE," and Leonard Rice Consulting Water Engineers, Inc., an independent contractor, whose address is 1221 Auraria Parkway, Denver, CO 80204, hereinafter referred to as "CONSULTANT," provides as follows: ARTICLE I SCOPE OF SERVICES Section 1.1 Services: FIRESTONE retains CONSULTANT, and CONSULTANT agrees to perform the services as described in Schedule A, hereinafter referred to as the "Services". 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. (a) In addition to the services described in Schedule A, FIRESTONE may prepare, with the assistance of CONSULTANT, work orders, containing, at a minimum, the following information: (1) the specific tasks and deliverables CONSULTANT must perform; (2) CONSULTANT's budget; (3) FIRESTONE's maximum payment obligation under the subject work order; (4) the completion date for the subject work order; and (5) CONSULTANT's schedule of fees to remain in effect until the identified completion date of the subject work order. Notwithstanding the foregoing, if a work order is a multi -year work order, CONSULTANT may revise its schedule of fees annually. After the work order has been finalized and agreed to by FIRESTONE and CONSULTANT, FIRESTONE may issue a notice to proceed obligating CONSULTANT to begin performance of the subject work order. CONSULTANT shall not commence work on any work order until it has received the applicable notice to proceed. Notice to proceed may be sent by email. A-1 (b) FIRESTONE reserves the right to amend any work order that has been issued under this Contract by altering, reducing, increasing, or eliminating specific tasks and deliverables. If FIRESTONE desires to amend a work order that has been issued, then FIRESTONE shall notify CONSULTANT of the contemplated change ("Notice of Change Order"). Upon receiving the Notice of Change Order CONSULTANT shall provide: (1) an estimate of the increase or decrease, if any, to CONSULTANT's budget due to the contemplated change and (2) the estimated change in the completion date of the subject work order, if any. FIRESTONE may instruct CONSULTANT in the Notice of Change Order to suspend work on any identified task or deliverable affected by a contemplated change, pending FIRESTONE's decision to proceed with the change. When instructed, CONSULTANT shall suspend work on any identified task or deliverable affected by a contemplated change. If it elects to make the change, FIRESTONE shall issue a change order amending the subject work order and providing CONSULTANT with a corresponding Notice to Proceed. CONSULTANT shall not commence work on any change order until it has received the applicable notice to proceed Section 1.2 Contract Time: CONSULTANT shall commence work upon direction to proceed from FIRESTONE and complete the Services on or before December 31, 2020, Section 1.3 Independent Contractor: 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 contractor and not as an employee of FIRESTONE. Section 1.4 Warranty of Consultant: CONSULTANT warrants 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 Schedule A. ARTICLE II CONTRACT PRICE Section 2.1 Contract Price: In consideration for the completion of the Project by CONSULTANT in accordance with the terms of this Agreement, FIRESTONE shall pay CONSULTANT (check and initial below as applicable): ® As described in Schedule A. ❑ As described in Schedule A, but in no event shall the total compensation to CONSULTANT under this Agreement exceed $ ❑ A fixed sum of $, A-2 ❑ 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 to CONSULTANT under th_s Agreement exceed $ ❑ On a unit -price basis, in an amount equal to the sum of the unit price set forth in Schedule A for each separately identified item of unit price work, times the quantity of that item, as estimated in Schedule A, but in no event shall the total compensation to CONSULTANT under this Agreement exceed $ 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 Expenses: FIRESTONE ® shall ❑ shall not reimburse CONSULTANT for actual cost of administrative expenses associated with this Agreement such as long distance telephone, facsimile transmissions, photocopies, reproduction of exhibits, travel expenses and laboratory fees for Task 3 are included in the budget in Schedule A. Section 2.4 No Multi -Year Fiscal Obligation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwiths'_anding any other provision of this Agreement, FIRESTONE's obligations under this Agreement are subject to annual appropriation by FIRESTONE's Board of Trustees. Any failure of FIRESTONE's Board of Trustees to annually appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing 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 project, 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, and warrants all materials incorporated in the Project to be free from defect of material or workmanship and conform strictly to the specifications, drawings or samples specified or furnished. This Section 3.1 shall survive any inspection, delivery, acceptance or payment by FIRESTONE. A-3 Section 3.2 Oversight: All of the work associated with the Project shall be performed under 6e direction of Gregg S. Ten Eyck,' ck it is expressly understood and agreed that some of the work may have commenced prior to the formal execution of this Agreement, in which event such work is incorporated into the Project and is deemed to have been and is authorized by this Agreement. Section 3.3 Ownership and Use of Documents: (check and initial all that apply) ® (a) The following Sections 3.3(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 contractor or subcontractor on other projects or for additions to this Project outside the scope of the work under this Agreement without the specific written consent of FIRESTONE and CONSULTANT. Other contractors and subcontractors 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 3.3(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. Section 3.4 Insurance: (a) CONSULTANT shall at its own expense procure a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by CONSULTANT under this Agreement. Such insurance shall be in addition to the insurance requirements below or otherwise imposed by law. (b) 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: (1) Commercial General Liability Insurance with minimum combined single limits of One Million Dollars and No Cents ($1,000,000.00) for each occurrence and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) 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 contractors, products, completed operations, explosion, collapse, and A-4 underground hazards. (2) If professional services (architecture, engineering, design, etc.) are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($1,000,000.00) per claim and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) 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. (3) 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 subcontractor, CONSULTANT shall require such subcontractor to provide workers' compensation insurance for its employees. (4) 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. (c) The insurance policies required by Subsection 3.4(b)(1) shall name FIRESTONE and its employees as additional insureds and shall contain waiver of subrogation provision. No additional insured endorsement to a policy shall contain any exclusion for bodily injury or property damage arising from completed operations. (d) The General Liability policy required under this Section shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds, and that any insurance carried by FIRESTONE, its officers, or its employees, or carried by or provided through any insurance pool of FIRESTONE, shall be excess and not contributory insurance to that provided by CONSULTANT. CONSULTANT shall be solely responsible for any deductible losses under any policy required above. Any insurance policy required under this Agreement shall be written by a responsible company or companies authorized to do business under the laws of the State of Colorado, subject to the approval of FIRESTONE. (e) Prior to commencement of work under this Agreement, CONSULTANT shall provide FIRESTONE with certificate(s) of insurance completed by CONSULTANT's insurer(s) as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverage afforded under the policies shall not be canceled until at least thirty (30) days' prior written notice has been given to FIRESTONE. The completed certificate(s) of insurance shall be sent tc-: A-5 TOWN OF FIRESTONE 151 Grant Ave., PO Box 100 Firestone, Colorado 80520 Attn: Raelynn Ferrera (f) CONSULTANT shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Section by reason of CONSULTANT's failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amount, duration or type. Failure on the part of CONSULTANT to procure or maintain policies providing the required coverage, conditions and minimum limits shall constitute a material breach of contract upon which FIRESTONE may immediately terminate this Agreement, or at its discretion FIRESTONE may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by FIRESTONE shall be repaid by CONSULTANT to FIRESTONE upon demand, or FIRESTONE may withhold the cost of the premiums from any monies due to CONSULTANT from FIRESTONE. Section 3.5 Colorado Governmental Immunity Act: The parties hereto understand and aree 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 by the Colorado Governmental Immunity Act, Sections 24-10-101 et seq., C.R.S., as may be amended, or those otherwise available to FIRESTONE, its officers, or its employees. Section 3.6 Indemnification: CONSULTANT shall indemnify, defend, and hold harmless FIRESTONE and employees from and against claims, damages, Iosses and expenses, including but not limited to reasonable attorneys' fees which are incurred by Firestone, arising out of or resulting from this Agreement, but only to the extent that any such claim, damage, loss, or expense is caused, or alleged to have been caused, in whole or in part, by any negligent act or omission of CONSULTANT or anyone directly employed by CONSULTANT or anyone for whose acts CONSULTANT is legally liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any person described in this Section. In any and all claims against FIRESTONE or any of its employees by any employee of CONSULTANT, any subcontractor of CONSULTANT, anyone directly employed by any of them or anyone for whose act CONSULTANT is legally liable, the indemnification obligation under this Section 3.6 shaIl not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONSULTANT or any subcontractor under worker's or workman's compensation actions, disability benefit acts, or other employee benefit acts. Section 3.7 Subcontractor(s): CONSULTANT shall, as soon as practicable after the signing of this Agreement, notify FIRESTONE in writing for FIRESTONE's approval, of any subcontractors who may be involved in the Project and the general scope of work to be performed by each subcontractor. FIRESTONE may, in its reasonable discretion, reject any proposed A-6 subcontractor; in which case CONSULTANT shall either perform such component of the work itself, or secure a subcontractor acceptable to FIRESTONE. Section 3.8 Termination of Agreement 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 complcted 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. Section 3.9 Binding Effect: FIRESTONE and CONSULTANT each bind 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 obligation under, this Agreement without the written consent of the other. Section 3.10 Compliance with Law: CONSULTANT agrees to perform the work in compliance with all applicable federal, state, county and Town laws, ordinances, rules and regulations, including, without limitations, any preference for Colorado labor as may be required pursuant to Article 17, of Title 8 of the Colorado Revised Statutes ("Keep Jobs in Colorado Act") as may be amended. Section 3.11 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 subcontractor that fails to certify to the contractor that the subcontractor 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), as may be amended, 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 A-7 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 subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONSULTANT shall be required to: (1) Notify the subcontractor and FIRESTONE within three days that the CONSULTANT has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub -subparagraph (B)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONSULTANT shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor 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 may be amended. (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 3.12 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 for notice required to be given under this Agreement. Facsimile and e-mail addresses are provided for convenience only. However, copies of mailed or hand - delivered notices may be sent to the parties via e-mail or facsimile. FIRESTONE: TOWN OF FIRESTONE 151 Grant Ave., PO Box 100 Firestone, Colorado 80520 Attn: Julie PasiIlas Telephone: 303-531-6258 Facsimile: NMI CONSULTANT: Leonard Rice Consulting Water Engineers, Inc. 1221 Auraria Parkway Denver, CO 80204 Attn: Gregg S. Ten Eyck Telephone: 303-455-9589 E-mazl:jpasillas@firestoneco.gov Facsimile: 303-455-0115 E-mail- Gregg.TenEyck@LREWater.com ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 4.1 Project Materials. FIRESTONE shall make available data related to the Service, including design specifications, drawings and other necessary information. Section 4.2 Access to Property and Records: FIRESTONE shall provide CONSULTANT with access to its property as required and necessary to complete the contract. To the extent required by law, FIRESTONE and CONSULTANT agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without Iimitation, the Colorado Open Records Act, C.R.S. §§ 24-72-101, et seq. as may be amended. 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 Representative: 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 MISCELLANEOUS 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"). (a) Any other provision of this Agreement notwithstanding, for purposes of this Section. 6.2, and only for purposes of this Section 6.2, the term "FIRESTONE" shall have the following meaning with respect to the approval and execution of Change Orders. A-9 (1) With respect to any Change Order that results in an increase in the Contract Price of an amount equal to five percent or less of the Contract Price, the department director who has responsibility over the Project may act as "FIRESTONE" with respect to the approval and execution of such Change Order up to and until such time as the total dollar amount of all Change Orders exceeds Ten Thousand Dollars ($10,000.00), at which time such Change Order shall be subject to approval and execution pursuant to the provisions of Subsection (2) of this Section 6.2(a); (2) With respect to any Change Order that results in an increase in the Contract Price of an amount greater than five percent (5%) but less than ten percent (10%) of the Contract Price, the FIRESTONE Town Manager may act as "FIRESTONE" with respect to the approval and execution of such Change Order up to and until such time as the total dollar amount of all Change orders exceeds Fifty Thousand Dollars ($50,000.00), at which time such Change Order shall be subject to approval and execution pursuant to the provisions of Subsection (3) of this Section 6.2(a); (3) With respect to any Change order that results in an increase in the Contract Price of an amount equal to or greater than ten percent (10%) of the Contract Price and further, with respect to any Change Order which results in any increase in the Contract Price when the total dollar amount of all Change Orders exceeds Fifty Thousand Dollars ($50,000.00), the FIRESTONE Board of Trustees shall act as "FIRESTONE" with respect to the approval and execution of such Change Order. (b) Nothing within Section 6.2(a) or any subsection thereof shall prevent the FIRESTONE Town Council from acting as "FIRESTONE" with respect to the approval and execution of any Change Order of any amount whatsoever; it is the intent of Section 6.2(a) and the subsections thereof only to authorize the department director who has responsibility for the Project and the FIRESTONE Town Manager, in the absence of FIRESTONE Board of Trustees approval and execution, to approve and execute certain Change Orders under the circumstances detailed above. (c) Notwithstanding the foregoing, no change in the Contract Price requiring additional compensable services to be performed, which work causes the aggregate amount payable under this Agreement to exceed the amount appropriated for the original Agreement, shall be valid, unless FIRESTONE gives CONSULTANT written assurance that the lawful appropriations to cover the costs of the additional services have been made and the appropriations are available prior to the performance of the additional services, or unless such services are covered under a remedy -granting provision in this Agreement. Section 5.3 Counterparts: 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. A-10 Section 5.4 No Third Party Benefit: This Agreement is between FIRESTONE and CONSULTANT and no other person or organization shall be entitled to enforce any of its provisions or have any right under this Agreement. Section 5.5 Severability: 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 5.6 Entire Agreement: 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 5.7 Litig_ation: In that event that either party commences litigation against the other regarding this Agreement the prevailing party shall be entitled to reasonable attorney fees and costs of litigation. Section 5.8 No Waiver: Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by either party shall not constitute a waiver of any of the other terms or obligations of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. TOWN OF FIRESTONE By: a --LP Nam . Bobbi S' elar Title: —Mayor CONSULT A NT: By: Name: cortde'y Brand Title: President ATTEST: uek ?�V Town Clerk! Ae�n rtq Z1APPRRM: '4—W'e'q ;OV am P. Hayashi, Town Attorney A-11 SCHEDULE A (Attached to and made a part of the Agreement between the Town of Firestone and Leonard Rice Consulting Water Engineers, Inc. dated December 11, 2019 ; LRE Project Number 1527TVVF02: Program Management: Gregg Ten Eyck will work at the direction of Julie Pasillas as a member of the Water Team to develop strategies and tactics and to manage and direct projects and initiatives related to: water rights and water supply, water delivery and water treatment projects; and to work with other parties as needed; and to evaluate and create other initiatives. The specific tasks Consultant shall perform, include but are not limited to: Participate in two to three water team meetings each month. Review and update as necessary strategies for delivery of CBT, Windy Gap, NISP, Rurat Ditch, Lower Boulder Ditch and other sources to Firestone. Work with Firestone staff to draft a Master Plan for Water. Develop strategies for reuse of those water supplies that will be reusable to extinction (Windy Gap, NISP, certain native St. Vrain rights). Work with the water team to create or update and amend intergovernmental agreements as needed. Respond to inquiries from other Firestone staff or consultants on water rights, water supply and storage infrastructure projects. Continue to evaluate opportunities For other water supplies such as additional NISP water, additional raw water storage facilities or additional senior water rights as they are presented to the Town or as the water team develops strategies. Budget for 1527TWF02 is $177,600.00, to be billed in 12 installments of $14,800.00 each. LRE Project 1527TWF07 Task 1 (Work Order 2020.01) Work Order 2020-01 is for LRE to support Lawrence Jones Custer Grasmick in filing an augmentation plan and change of water rights in the Division 1 water court. Budget for 1527TWF07 Task 1 is $40,000.00, to be billed at the hourly rates attached to this Agreement. A-12 LRE Project 1527TWF07 Task 2 (Work Order 2020-02) Work Order 2020-02 is for LRE to support counsel and staff in developing a Substitute Water Supply Plan (SWSP) based on the water court filing. Budget for 1527TWF07 Task 2 is $40,000.00, to be billed at the hourly rates attached to this Agreement. LRE Project 1527TWF07 Task 3 (Work Order 2020-03) Work Order 2020-03 is for LRE to continue and to update the water quality monitoring,program, including collection of water quality samples for laboratory analysis and to report on laboratory results. Laboratory costs are included in the budget below. Budget for 1527TWF07 Task 3, which covers both professional fees and laboratory fees, is $66,000,00, to be billed in 12 equal installments of $5,500.00 each. LRE Project 1527TWF07 Task 4 (Work Order 2020-04) Work Order 2020-04 is for LRE to implement the water rights and water supply accounting system as needed to support the substitute water supply plan: the template of an accounting system was developed in 20I7; the portions that system necessary to account for water use and replacement under the terms of the substitute water supply plan will be made functional. Budget for 1527TWFO7 Task 4 is $14,000.00, to be billed at the hourly rates attached to this Agreement. LRE Project 1527TWF07 Task 5 (Work Order 2020-05) Work Order 2020-05 is for LRE to review and evaluate water rights offered to the Town for purchase or for use in water dedication agreements, to assist with negotiations or other effort to purchase native water rights or contracts. Budget -or 1527TWF07 Task 5 is $50,000.00, to be billed at the hourly rates attached to this Agreement. LRE Project 1527TWF07 Task 6 (Work Order 2020-06) Work Order 2020-06 is for LRE to assist the Town with St. Vrain Water Authority matters, including development of Intergovernmental Agreements and attendance at selected Board meetings. Budget for 1527TWF07 Task 5 is $18,000.00, to be billed in 12 equal installments of $1,500.00 each. A-13 LEoNARD RICE ENGINEERS, INC. 2020 RATE SCHEDULE Effective December 12, 2019 Hou11XRate Studentintern..... ..»..,,.L.,..L.•:....,,».......................................,,�.,,,....,.k,,....{.$G�- $ill Data Processor jA ftin Support,........i.M........... .................... u.yH.... . ... !i.k4lal...... ikll,,,k•,a$T5 Thtiidan/1T Suppork............................. ,,..,,,,Nk.,.»..,,.i:,:..,...Y:.»4..k».......;;.......,.....,.:.,,:;.$95 - $130 Staff l Engine r/Hydralttgis# f GealogistjSclet�iGist l,.,}I :.q,.1,l,.,...,,a:., ,.;......,.:4L..... .......... M $100 - $125 staff 0 EngineerJHydrologist/Gedlogist/Scientist............... $M.0 Staff 1!I Engineer/Hydrologist/Gedlogist/Scientist.............. -!l.,.I......l ..„...y,,..... :. ........ $135 - $165 Project Engineer/Hyarologo./Geoldgist/Scientist.,....... ........ ...... _... _, ...$135 - $170' Senior Project Engineer/Hydrologlst/Geologist/Scientist...:...,.: ........ ...,k„I:,,,,.,,..$5 0 • $185 Project Manager'.. ... . ............. 4 ................. ........... . ............... ............. 1'�75 $L•kr.Ii0 SeMo�* Project Manager ...................... ..l..{}IT.1,.1l... .j.... H......... •«•.,N1{,,.Y.......................i$1S� Principal, Senior Advisor-..,:4.4.....1i#.IHHIE{,af.•if.slli,ikLe44iiM.kl.a..x,...s. M on @ CSte"' Automobile mileage, prints, copies, telephone and facsimile casts are indirect expenses and are included in the above rates. Outside expenses such as laboratory analysis, obtaining aerial photos, or other special services Incurred directly in connection with the project are billed at cost plus 5 percent to cover handling and administration. Reimbursable expenses billed at cost include airfares, automobile rental, and other travel or per diem costs for projects more than 100 miles from the office site, billed at the current IRS rate (rounded up to the nearest $0.05). Subconsultants to LRE are billed at cost plus 10 percent, Leonard Rice 1221 Wodn Nuk+,ny l Denver, CO 802041303-455.9589 j wviw.LR kvotci.roln ENGINFER5,INC. h-l4 Work Order 2020-01 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES Date: December 11, 2019 1.0 General. This is Work Order 2020-01 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES, between Leonard Rice Engineers, Inc. (LRE) and the Town of Firestone (Firestone), signet by Firestone on December 11, 2019 ("2020 Agreement"). The general purpose of this Work Order 2020-01 is for LRE to support Lawrence Jones Custer Grasmick in filing an augmentation plan and change of water rights in the Division 1 water court. This project will be managed under LRE Project Number 1527TWF07, Task 1. 2.0 Scope of Services. We will provide information and supporting documentation, as requested, for the water court filing. 3.0 Budget The total budget and maximum payment obligation for Work Order 2020-01 under LRE Project Number 1527TWF07 Task 1 will not exceed $40,000. This project will be billed monthly based on hours expended in that month, at the rates included in the 2020 Agreement. 4.0 Schedule Work will begin January 1, 2020 or upon receiving a notice to proceed, whichever is later. The work authorized by Work Order 2020-01 will be completed by December 25, 2020. Work Order under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES NOTICE TO PROCEED You are hereby given notice to proceed with: Work Order Number: Dated: Not to Exceed Budget 2020-01 December 11, 2019 $40,000.00 f. Signature: Title: Date:�- Work Order 2020-02 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES Date: December 11, 2019 1.0 General. This is Work Order 2020-02 under AN AGREEMENT BY AND BETWEEN THE TOW14 OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES, between Leonard Rice Engineers, Inc. (LRE) and the Town of Firestone (Firestone), signed by Firestone on December 11, 2019 ("2020 Agreement"). The general purpose of this Work Order 2020-02 is for LRE to support Lawrence Jones Custer Grasmick in filing a substitute water supply plan with the Division l Office of the State Engineer to allow pumping of Firestone wells while the water court process for the plan of augmentation proceeds. This project will be managed under LRE Project Number 1527TWF07 Task 2. 2.0 Scope of Services. We will provide information and supporting documentation, as requested, for the substitute water supply plan. We will respond to questions from the State and objectors to develop terms and conditions that will allow the plan to be approved. 3.0 Budget The total budget and maximum payment obligation for Work Order 2020-02 under LRE Project Number 1527TWF07 Task 2 will not exceed $40,000. This project will be billed monthly based on hours expended in the month, at the rates included in the 2020 Agreement. 4.0 Schedule Work will begin January 1, 2020, or upon receiving a notice to proceed, whichever is later. The work will be completed by December 25, 2020. Work Order under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES NOTICE TO PROCEED You are hereby given notice to proceed with: Work=Order Number: Dated: Not to Exceed Budget Signature: 2020-02 December 11, 2019 $40,000.00 Title: N\&Vp'r Ij Date: . 11.1� Work Order 2020-03 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES December 11, 2019 1.0 General. This is Work Order 2020-03 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES, between Leonard Rice Engineers, Inc. (LRE) and the Town of Firestone (Firestone), signed by Firestone on January 8, 2020 ("2020 Agreement"). The general purpose of this Work Order 2020-03 is for LRE to collect and analyze water quality samples in 2020 to provide continuing data on the water quality of raw water sources in the St. Vrain Creek basin. This project will be managed under LRE Project Number 1527TWF07 Task 3. 2.0 Scope of Services. Water quality sampling and analysis We will generally continue the water quality sampling plan to collect data from the Gould Test Well and the St Vrain Creek, and from the irrigation ditches in the area. Deliverable: Deliverable will be a tabulation of the data collected in 2020. 3.0 Budget The total budget and maximum payment obligation for Work Order 2020-03 under LRE Project Number 1527TWF07 Task 3 will not exceed $66,000.00. We will bill in twelve equal installments of $5,500.00 each. 4.0 Schedule Work will begin January 1, 2020, or upon receiving a notice to proceed, whichever is later. The work authorized by Work Order 2020-03 will be completed by December 25, 2020. Work Order under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES NOTICE TO PROCEED You are hereby given notice to proceed with: Work Order Number: Dated: Not to Exceed Budget: 2020-03 December 11, 2019 $66,000.00 Signature: dqk Title: AA DLM Date: 1a'1l' 1 Work Order 2020-04 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES December 11, 2019 1.0 General. This is Work Order 2020-04 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES, between Leonard Rice Engineers, Inc. (LRE) and the Town of Firestone (Firestone), signed by Firestone on December 11, 2019 ("2020 Agreement"), The general purpose of this Work Order 2020-04 is for LRE to implement the water rights and water supply accounting system as needed to support the substitute water supply plan. This rroject will be managed under LRE Project Number 1527TWF07 Task 4. 2.0 Scope of Services. The template of an accounting system was developed in 2017; the portions that system necessary to account for water use and replacement under the terms of the substitute water supply plan will be made functional. Deliverable: Deliverable will be a substitute water supply plan accounting system that reports on the data collected in 2020. 3.0 Budget The total budget and maximum payment obligation for Work Order 2020-04 under LRE Project Number 1527TWF07 Task 4 will not exceed $14,000.00. This project will be billed monthly based on hours expended in that month, at the rates included in the 2020 Agreement. 4.0 Schedule Work will begin January 1, 2020, or upon receiving a notice to proceed, whichever is later. The work authorized by Work Order 2020-04 will be completed by December 25, 2020. Work Order under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES NOTICE TO PROCEED You are hereby given notice to proceed with: Work Order Number: Dated: Not to Exceed Budget: E:2020-04 Decemb=11,2019 $14,000.00 Signature: �J Title: M Date: 1�'ll'tQ1 Work Order 2020-05 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES Date: December 11, 2019 1.0 General. This is Work Order 2020-05 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES, between Leonard Rice Engineers, Inc. (LRE) and the Town of Firestone (Firestone), signed by Firestone on December 11, 2019 ("2020 Agreement"). The general purpose of this Work Order 2020-05 is for LRE to assist Firestone with the review and analysis, and negotiations or other efforts to research and purchase water rights. This project will be managed under LRE Project Number 1527TWF07 Task 5. 2.0 Scope of Services. Research, analyze and evaluate water rights Firestone has targeted the Lower Boulder Ditch, the New Coal Ridge Ditch, the Godding Ditch, the Rural Ditch and the Last Chance Ditch as water rights to acquire for Firestone to use for ail municipal purposes, including storage in the Town of Firestone Reservoirs. In addition, the Town may receive offers to exercise a Right of First Refusal to purchase various water rights. This Work Order directs LRE to evaluate general and specific opportunities with those water rights, and with other water rights that are offered to Firestone that require evaluation. Depending on which water right or ditch company shares are being evaluated, the research could incluce reviewing ditch company bylaws and operations, historical water use by the shares being evaluated, how the shares could be used by Firestone, how much to pay for the shares, whether the shares should be changed in water court immediately or if they could or should be leased until a change case is filed, and similar technical and strategic matters. In addition, the Town may receive offers to exercise a Right of First Refusal to purchase various water rights. This Scope does not include preparation of expert engineering reports for submittal to Water Court. Deliverables: Deliverables will include correspondence with counsel and the water team and documentation as required to communicate findings and recommendations. 3.0 Budget The total budget and maximum payment obligation for Work Order 2020-05 under LRE Project Number 1527TWF07, Task 5 will not exceed $50,000.00. We will bill work on this project at the hourly rates specified in the 2020 Agreement. 4.0 Schedule Work will begin work under this Work Order 2020-05 on January 1, 2020 or upon receiving a notice to proceed. This work will be completed by December 25, 2020. If the work needs to continue in 2021 that will be under a new Agreement and Work Order for 2021. Work Order under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES NOTICE TO PROCEED You are hereby given notice to proceed with: Work Order Number: Dated: Not to Exceed Budget: 2020-05 December 11, 2020 $50,000.00 Signature: Title: aC Date: «' 1�- Work Order 2020-06 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES Date; December 11, 2019 1.0 General. This is Work Order 2020-06 under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES, between Leonard Rice Engineers, Inc. (LRE) and the Town of Firestone (Firestone), signed by Firestone on December 11, 2019 ("2020 Agreement"). The general purpose of this Work Order 2020-06 is for LRE to assist Firestone with matters related to the Firestone's membership in the St.Vrain Water Authority. This project will be managed under LRE Project Number 1527TWF07 Task 6. 2.0 Scope of Services. Work Order 2020-06 is for LRE to assist Firestone with St. Vrain Water Authority matters, inclucing development of Intergovernmental Agreements and attendance at selected Board meetings. 3.0 Budget The total budget and maximum payment obligation for Work Order 2020-06 under LRE Project Number 1527TWF07 Task 6 will not exceed $18,000,00. We will bill this work in 12 equal installments of $1,500.00 each. 4.0 Schedule Work will begin work under this Work Order 2020-06 on January 1, 2019 or upon receiving a notice to proceed. This work will be completed by December 31, 2020. If the work needs to continue in 2021 that will be under a new Agreement and Work Order for 2021. Work Order under AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND LEONARD RICE ENGINEERS, INC. FOR ENGINEERING SERVICES NOTICE TO PROCEED You are hereby given notice to proceed with: Work Order Number: Dated: Not to Exceed Budget 2020-06 December 11, 2019 $18,000.00 Signature: 1 Title: Date: r RESOLUTION NO. 19-106 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND PLUMMER ASSOCIATES, INC., REGARDING THE WATER TREATMENT PLANT PROJECT WHEREAS; on December 12, 2018, the Board of Trustees of the Town of Firestone ("Firestone") entered into an Engineering Services Agreement ("Agreement") with FEI Engineers, Inc, concerning Firestone's Water Treatment Plant Project ("Project"); and WHEREAS, effective January 1, 2019, Firestone, as authorized by Sec. I I of the Agreement, consented to FEI Engineers Inc., assignment of the Agreement to Plummer Associates, Inc; and WHEREAS, the Agreement assigned to Plummer Associates Inc expires on December 26, 2019; and WHEREAS, as the Project's Final Design Phase and Construction remain to. be completed and as Plummer Associates, Inc., have the special expertise, qualifications and background to complete the Project, the parties desire to continue the Engineering Services Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Engineering Services Agreement between the Town of Firestone and Plummer Associates, Inc., regarding the Water Treatment Plant 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 sign the Agreement. INTRODUCED, READ AND ADOPTED this 1 Ith day of December, 2019. F`RS0 r r • 70 WN ••' m Z , •10 f Q" �NrY..co`' ATTEST: 1 (JL 4:-Z�n — ✓�"� Town Clerk ) #NtAl TOWN OF FIRESTONE, COLORADO N Sin ar, Mayor APPROVED AS TO FORM: .� of Hayashi, Town Attorney M.ke-4- I WT1,A. AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND PLUMMER ASSOCIATES, INC. FOR ENGINEERING SERVICES 1. PARTIES The parties to this Agreement are the Town of Firestone, a Colorado municipal corporation; hereinafter referred to as the "Town", and PLUMMER Associates, Inc., a Texas corporation, hereinafter referred to as the "Consultant". 2. RECITALS AND PURPOSE 2.1. The Town desires to. engage the Consultant for the, purpose of providing engineering „services as further set forth in the Consultant's Scope -,of Services. (which services are hereinafter referred to as the "Services'. 2.2. The:Consultant represents that it has the special expertise, qualifications and background necessary to complete -the Services. 3. , SCOPE OF. SERVICES 3.1. The Consultant agrees to provide the Town with the specific Services aiW to perform the specific tasks, dunes and responsibllitles set forth in Scope of Services attached hereto as Exhibit "A" `and incorporated herein by reference.' The Consultant shall furnish all tools, labor and supplies In such quantities and of ,the: proper quality ' as are necessary to :professionally and timely perform the.Services. The -Consultant acknowledges that this Agreement does not grant any exclusive privilege orright to supply Services to the Town. In its sole discretion, the Town may contract with other consultants to provide the same or similar services during the term of this Agreement. - 3.2. In addition to the Services destribed In 'Exfifbit "A; the' Town may prepare, with the assistance' of Consultant krk- drders;''contain'ing, "at ' a , "minimum,'' the following information: (1) the specific tasks and "deliverables .'Consultant" Mist perform; (2) Consultant's budget, (3) the Town's maximum .payment obllgation:'under the subject work order; and (4) the completion date for the subject work order. Consultant shall be compensated for work orders on an hourly basis at the hourly rates set forth In F-Albit A, subject to the agreed upon maximum payment obligation. After the work order has been Analiied -and agreed to by the Town and Consultant; -the Town _may issue a notice to proceed obligating, Consultant to begin performance ,of the subject work order. Consultant shall .not .commence work , on ;.any work. order until it has received the applicable notice to proceed. Notice to proceed may be sent by email. 3.3. The Town reserves the right to amend any :work order. that has. been .issued under this Agreement . by altering, reducing,. increasing, _ %or - eliminating specific tasks and deliverables. If the Town desires to amend: a work order thaC has been _issued, then the Town ;shalI notify Consultant.of the contemplat:ed,change ("Notice of Change Order"). Upon receiving .the Notice of Change Order Consultant shall provide: -(1) an estimate of the increase or decrease, if any, to Consultant's budget due to the contemplated change and (2) the estimated change in the completion date of the subject work order,- if any.; The Town may instruct Consultant in the Notice of Change Order to suspend work on any, identified task or deiivera_ble 'aftected by :a contemplated change, pending the Town's decision'to, proceed, with the change. When instructed; Consultant shall suspend work on Project Page - i owner: `� v� Engineer: Owner -Engineer Agreement any identified task or deliverable affected by a contemplated change. I€ it elects to make the change, the Town shall issue a change order amending the subject work order and providing Consultant with a corresponding Notice to Proceed. Consultant shall not commence work on any change order until it has received the applicable notice to proceed. 4. COMPENSATION 4.1. The Town shall pay the Consultant for services requested and rendered under this Agreement as set forth in Exhibit "A". The Town's maximum payment obligation under this Agreement, excluding work orders finalized and agreed to by the Town and Consultant, shall not exceed the not-taexceed amount set forth in Exhibit A. The Town shallpay mileage and other reimbursable. expenses (such as meals, parking, travel expenses, necessary memberships, etc.) which are deemed necessary for performance of the services and which are pre -approved by the Town Manager. ' The'foregoing amounts of compensation shall be inclusive of all costs of whatsoever nature associated with the Consuitarit's efforts, including but not limited to °salaries,- benefits, overhead, administration, profits, expenses, and outside consultant fees. The. Scope of Services and payment therefor shall only be changed by a properly authorized amendment to this Agreement. No Town employee has the authority to bind the Town with regard to any payment for any services which exceeds the amount payable under the terms of this Agreement. 4.2. The Consultant shall submit monthly an invoice to the Town for the per -month amount set forth in Exhibit A for Services rendered in the previous month, and a detailed expense report for pre -approved, reimbursable expenses, incurred during the previous month. The invoice shall document the Services . provided during the preceding month, identifying -by work category and subcategory the,work and tasks, performed and such other information as may be required by' the Town., The Consultant shall provide such additional backup documentation as may be required by the Town. The Town shall pay the invoice within thirty (30) days of receipt unless.the Services or the documentation therefor are unsatisfactory. Payments made after thirty (30) days may be assessed an interest charge of one percent '(1%a) per month unless the decay in. payment resulted from unsatisfactory work or documentation therefor. 5. PROJECT REPRESENTATION 5.1. The Town designates Julie Pasillas, Director of Public Works, as the responsible Town staffto provide direction to the Consultant during the conduct of the Services. The Consultant shall comply with the directions given by the Director of Community Development and such person's designees. 5,2. The Consultant designates Patrick O'Srien, Principal, as its principal in charge who shall be providing the Services under this Agreement. Should any of the representatives be replaced, particularly Patrick O'Brien, -and such replacement require the Town or the Consultant to undertake additional reevaluations, coordination, orientations, etc., the Consultant shall be fully responsible for all such additional costs and services. 6, TERM The term of this Agreement shall be December 262019 to Cerember'25, 2020 _ ,, unless sooner terminated pursuant to Section 13, below. The Consultant's services under this Agreement shall commence upon execution Proiect Page - 2 Owner: Engineer: Owner -Engineer Agreement of this Agreement by the Town and shall progress so that the Services are completed in a timely fashion consistent with the Town's requirements. Nothing in this Agreement is intended or shall be deemed or construed as creating any multiple -fiscal year direct or indirect debt or financial obligation on the part of the Town within the meaning of Colorado. Constitution Article X, Section 20 or any other. constitutional or: statutory provision.... All financial obligations of the Town under this Agreement are subject to annual budgeting and appropriation ,by .the Firestone :Board. of Trustees, in its sole discretion. Notwithstanding anything in.this Agreement to the contrary, in the event of nor -appropriation, the Town shall Immediately notify Consultant of such occurrence, and thls Agreement shall terminate effective December 31 of the the n.current fiscal year. 7. INSURANCE 7.1. The Consultant agrees to,ptocure and maintain, at its' own Cost, 'the polldes of insurance .set forth lii Si,bsectlons 7.1.'1'through 7.1.4. The Consultant shall not be relieved of any liability,Iclaims, de.mands,'or.other obligations assumed pursuant�to•this.Agreement by reason of its faiture to procure or maintain insurance, or by reason,, of its failure to procure or maintain Insurance in sufficient aniounts, durataoins, or types. The coverages required below shall be procured and maintained with forms and insurers acceptable to the Town. All coverages shall be continuously maintained e ftorri` Ahe- date of commencement of services hereunder. The required coverages are:.:: ` 7.1.1. Workers' Compensation insurance td cover obI[gatlohi imposed by the Workers' Compensation Act of Colorado and,'Mk other applicable laws'•for any-employe'e Wi engaged in the performance of `ork'under'-this contract. Evldence' of'qualified k.1f-insured status may be sub st[tuted. 7.j.:2. Automobile liab!lity and physical damage insurance and physical damage Insurance for any vehide used in 'p-eiforrnIng' services for the Town, In amounts not less than prescribed. by Colorado law (currently $25,000 per person/$50,000 per'ac brit bodily Injury and $15,000 per accident property damage). 7.1.3. Professional liability lnsurance aga'irist errors and .omissions with minimum combined ' single limits 'of $2,000,000.00 each occurrence and ,$2,0.00,000:00 aggregate. 7.1.4. General liability insurance with minimum combined single limits of.$2,000,000.00 eat occurrence and $'2,000;1,000.00 aggregate: 7.2. The Consultant's general liability insurance and automobile].Jab[!!ty and -physical. -damage insurance shall be endorsed to include the Town, and ,its elected and appointed officers grid employees, as'additional Insureds, unless'theTown in its soie discretion waives.sucli requirement. Every polky required above sha11 be primary insurance, and any Insurance cam .,by the Town,` its_ officers,. or its employees, shall be excess and not contributory insurance to that provlded by the Consultant. Such'policies shall contain a severabllity of interests' provision. The Consultant shall ,be solely,:respansible for any 'deductible. losses urider each of+tlie Wicies .required above. 7.3. C&tificates.of insurance shall be provided .by.the Cdhs*bltant as evidence that policies pro�ldIng the -required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. No required coverage Project Page - 3 owner: Engineer: Owner -Engineer Agreement shall be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 7.4. Failure on the part of the Consultant to procure or maintain policies providing the required coverages, conditions, and minimum' limits shall constitute a material beach of contract upon which the Town may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith; and all monies so Paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Consultant from the Town. 7.5. The parties understand and agree that the Town is retying on, and. does not waive or Intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10=101 et sep.. C.R.S., as from time to time amended, or otherwise available to the Town, its officers, or its employees. S. INDEMNIFICATION To the fullest extent permitted by law, the. Consultant agrees to defend, indemnify and hold harmless the Town, and its elected and appointed officers and its employees, from and against all liability on account of any injury, loss, or damage, which arise out of or are connected with the services hereunder, if and to the extent such injury, loss, or damage is caused by the negligent act, or omisslon, of the Consultant or any subcontractor,,of the Consultant, or any officer, employee,. or agent of ,the Consultant or any subcontractor, or any other person for whom Consultant Is responsible. The Consultant shall bear all other costs and expenses Incurred by the Town or Consultant and related to any such liability including but not limited to court costs, expert witness fees and reasonable attorneys'. fees if the court determines that,these incurred costs and expenses are related to such negligent acts, errors, and 'omisslons or other fault of the Consultant. Notwithstanding the foregoing, Consultant's duty to defend, indemnify and hold harmless the Town, and its elected and appointed officials arid its employees as set forth in this section shall only arise upon determination, by adjudication; alternative dispute resolution, or mutual agreement between Consultant and the Town,._of the Consultant's liability or fault. The Consultant's indemnification obiigation shall not be construed to'extend to any injury, loss, or damage Whlch is caused by the act, omission, or other fault of the Town -'or its elected and appointed officers and its employees. 9. QUALITY OF WORK Consultant's professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of services 4 a simfla' nature in the Denver metropolitan area. 10.. INDEPENDENT CONTRACTOR Consultant and 'ariy persons employed by. Consultant for the performance of wont hereunder shall be indepehaerit contractors and not agents of the Town. Any provisions in this Agreement that may appear to give the Town the right to direct Consultant as to details of doing work or'to exercise a measure of control over the --work mean that Consultant shall follow the direction of the Town Ias to end results of the work only. As an Iiiii ikn a 't contractor, !C6a sultant fs not eatitied to vtrorkers' comnenggtion Project Page - 4 owner: Engineer: Owner -Engineer Agreement 11. ASSIGNMENT Consultant shall not assign or delegate this Agreement or any portion thereof, or any monies due or to become due hereunder without the Towns prior written consent. 12. DEFAULT Each and every term and wndition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. 13. TERMINA'ftON 13.1. This Agreement may be terminated by either party for material breach or default of this Agreement by the other party not caused by any action or omission of the other. party by giving, the other party written notice at least thirty.,(30) days .in advance of the termination date. Termination pursuant to this `subsection' Ball not prevent either party ...from exercising any other legal remedies which may be available to it. ; 13.2. In addition to the foregoing, this Agreement may be terminated by the Town for its convenience and without cause of any nature by;giving written notice at least fifteen (15) days in advance of the termination date. In the .event of such termination, the Consultant will be paid for the. "reasonable value'of the services rendered to tM ate'of termination; not to exceed a pro -rated daily rate, for the services rendered to the date of termination, and upon such payment, all obligations of the Town to the Consultant under this Agreement will cease. Termination pursuant to this Subsection shall not prevent either party from exercising any other legal remedies which may be available to it.; 14. INSP C1' 76N "A D- AUDIT The Town and its duly authorized representatives shall have access to any books, documents, papers, and records of the Consultant that are related to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. ... 15. DOCUMENTS All computer input and output, analyses, plans, documents photographic images, tests, maps, surveys, electronic files and written material of any Idnd generated In the performance of. this .Agreement or developed for the Town In performance of the Services ("Consultant Deliverables',I.are and shall remain the exclusive property of the Town. All Consultant Deliverables shall be: prornptiy provided to "the Town upon request therefor and at the time of termination of this Agreement; `without furth'er"charge or expense to the Town. Consultant shall not provide copies of any such.material to any other party without the prior written consent of the Town. The Town shall not make any modification to the Consultant Deliverables without the prior written authorization of the Consultant. Any and all liability arising out of unauthorized : changes : made to Consultant Deliverables by the Town or persons other than Consultant, its employees, officers,, agents or subcontractors, Is waived against Consultant. r Project Page - 5 owner: Engineer: J- 3 Owner -Engineer Agreement �ii III 16. ENFORCEMENT In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. 17. COMPLIANCE WITH LAWS,' WORK BY ILLEGAL ALIENS PROHIBITED 17.1. Consultant shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town; for payment of all applicable taxes; and obtaining and keeping in force all "applicable permits and approvals. 17.2. Exhibit B, -the "Town of Firestone Public Services Contract Addendurn+rohibltlon Against Employi6g, Illegal Aliens",' is attached hereto and incorporated` herein` by reference. There is alsci-attached hereto acopy 'of Consultant's Pre -Contract Certification which Consultant has executed and delivered to the Town prior to Consultant's execution of this Agreement. r 18. INTEGRATION AND AMENDMENT This -Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This 'Agreement may be amended only by an instrument in writing signed. by the parties. 19. NOTICES All notices required or permitted under this Agreement shall be in writing and shall be given by hand delivery, by United States first class mail, postage prepaid, registered or .certified, return receipt requested, by national overnight carrier, or by email, addressed to the party for whom it is intended at the following addresses: If to the Town: Town of Firestone Attn: Director of Public Works 151 Grant Ave. Firestone, Colorado 80520 Telephone: QQ3) 833-3291 6nail: jpasillas@firestoneco.gov If to the Consultant: Patrick O'Brien Plummer Associates, Inc. 1221 Auraria Parkway Denver, CO 80204 Telephone: (720) 774-6140 Email: pobrien@plummer.com Any such notice or other communication shall be effective when received as indicated on the delivery Project Page - 6 0wnerl Engineer: ' owner -Engineer Agreement receipt, if. by hand delivery or overnight carrier; on the United States mail return receipt, if by United States mail; or on email receipt. Either party may by similar notice given, change the address to which future notices or other communications shall be sent. 20. EQUAL OPPORTUNITY EMPLOYER ; 20.1. Consultant will ..not discriminate against any employee or applicant for employment bbecause -of racd, .color, religion, age, sex, disability or national origin. Consultant will 1take af' i m ve'action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, disability, or national origin. Such action shall include but not be limited to the following: employment,' upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. Consultant 'agrees to post in' conspicuous places, available to employees and applicants for employment, notice to be provided by an agency 9f`the federal govemment, setting forth the provisions of the Equal Opportunity Laws. 20.2. Consultant shall be In compliance with the applicable provisions of the American with Disabilities Act of 1990 as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the life of this Agreement or any renewal thereof. 21.0 GOVERNING LAW, DISPUTE RESOLUTION, VENUE & SEVERABILITY The laws of the State of toiorado shalt goveriitlie interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder that cannot be resolved through negotiation;betyve6n the,.,pait es,Ahe Town and the Consultant agree that the dispute shall be submitted to nonbinding mediation prior to either party resorting to litigation. Mediation costs shall be borne equally by _the:t parties:.Natwithstanding. the foregoing, 'nonbinding mediation shall hot,- 6e required for determinations of liability or fault pursuant to section 8 of this Agreement. Any dispute not resolved through negotiation or mediation shall be resolved in the District Court of Weld County of the State of Colorado, and in no other court. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall _not be affected thereby. 22.0 NO THIRD PARTY BENEFICIARIES Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Town or the Consultant. The Consultant's services under this Agreement are being performed solely for the Town's benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of Services hereunder. proj6d Page - 7 Owner: t Engineer; .' a owner -Engineer Agreement In witness whereof, the parties have executed this Agreement to be effective as of the day and year of signed by the Town. Town: Consultant; TOWN OF FIRESTONE Plummer Associates Inc. By: By: Print Name; Bobbi Sindelar Print Name: Patrick O'Brien Title: Mayor _ _ Title: Principal Date Signed: ' j Date Signed: Attest Print Name: Attest Print Name: Title: Town Clerk , kA1 r% Title: Approved Jaw Print Name: William P. Hayoshi Title: Town Attorney M "W" mc'� -� e fL _ �G7 CaZSD� NJ rr • 1 ^A - Project Page - 8 Owner: � Engineer: Owner -Engineer Agreement Exhibit A — Scope of Services Plumr'ner will provide professional services based upon our u6demanding of the project and. its objectives. The 2020 scope of services assume design phase finishing as„early.as March and as late as May 1, 2020 and seMtb§ include construction phase services through December of 2020. Construction Phase services during.2021 are not,included. Final Design Phase The Fina�-Design Phase will run concurrently with the Construction Phase and the continued progression through the CDPHE approval process of the 60% Design Phase and the Select a Construction Manager at Risk (CMAR) Phase. Based upon the comments received from the 60% design review meeting, we will develop the final design. = .: • Project Management ■ MonthIy Progress Meetings and deliverable Review meetings ■ Final Engineering (80%) ■ Final Drawings (80%) It Final (Abbreviated) Technical Specifications Budget: $275,000 Consti-Lction Phase The Construction Phase services will include: ■ Project Management ■ Progress Meetings ■ Office. Engineering (Submittal Review, RFI's, WCD's, FO's, RFCO's) ■ Periodic Site Visits/Part-time Resident Project Representative services (avg Ix/week) ■ Submittal Reviews ■ CMAR Application for Payment Reviews Budget: $314,000 This Agreement will be billed under Plummer Associates, Inc. Project Consideration We will invoice the Town of Firestone on a time and material basis for the period of December 26, 2019 through December 25, 2020, not to exceed $ 58�_. Compensation for periods less than one month shall be prorated based on the number of working days In the month. Consultant's lump sum fee pmid Page - 1 owner: Engineer: .i S Owner -Engineer Agreement - Exhibit A is based on the following hourly rates for its emp.oyees: Principal Engineer ° i' ;y�r.22r29q: .1'r ; , Senior Technical Specialist 182 240 h �• Senior Project Manager W -24- 1ti20y} 24 Disciolne Lead 782.270�, Project Manager `T, - -� . �: Y,•. Senior Engineer 4 ''.x156,'170 Project Engineer Il ;14Q-145'. Project Engineer l : 13'S Engineer III �s ` ``' ; " +125-135 Engineerll .� �* •! 25 ,x Engineer I n9 7 i5-120 Specialty. _ 71 Senior Resident Project Representative • 7 25-1 �r _ Resident Project Representative 1207125 Senior Designer 112 «i20-74D CAD Designer - • �• �:.. 110420, r- CAD Technician 86-90 r .A Administrative w 85.120 . Any changes to Consultant's hourly rates will ban communicated to the Town, and shall not take effect unless and until such changes are approved by the Firestone Town Board. ProSect Page - 2 Owner; V _" Engineer; owner Engineer Agreement - Exhibit A 41 Exhibit B Town of Firestone Public Services Contract Addendum Prohibition Against Employing Illegal Aliens Prohibition Against _Emplo ram° q Illegal liens. Contractor shall not knowingly employ or contract with an illegal alien to perform work under.this contract. Contractor shall. not enter, into a. -contract with a subcontractor that fails to certify to the Contractor that the subcontractor stall .not knowingly employ or - contract with an illegal alien to perform work under this contract. Contractor will participate in either the E-verify program or the Department program}; as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respecctively, 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. Contractor Is prohibited from using the E verify program or the Department program procedures. to undertake pre -employment screening of job applicants while this contract is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with an illegal alien, Contractor shall: a. Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the. notice required pursuant to this paragraph' the' subcontractor does not stop employing or contracting with the Illegal alien; except that the Contractor shall not ter'minate the contract with the subcontractor if during such three days the subcontractor_ provides Information to establish that the subcontractor has not knowingly employed.. or contracted with an Illegal alien. Contractor shall comply with any reasonable request by the Department of Labor and-Eaipioyment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5). If Contractor violates a provision of this Contract required pursuant to C.R.S. § 8-17.5-102, Town may terminate the contract for breach of contract. If the contract is so terminate. the'Contractor shall be liable for actual and consequential damages to the Town. Project :5 Page -1 Owner -Us —Engineer: owner -Engineer Agreement - Exhibit 6 AW Pre -Contract Certification In Compliance with C.R,S.'Section 8-17.5-102(1) From: Plummer Asgodates, Inc. (Prospective Contractor) To: Town of Firestone As a prospective Independent contractor for the above -identified project, I (we) do hereby certify that, as of the date of this certification, the undersigned does not knowingly employ or contract with an illegal alien; and that the undersigned will participate in the E-Verify employment verification program administered jointly by the United States Department of Homeland Security and the Social Security Administration or the employment verification program of the Colorado Department of- Labor and Employmeht Program, as 'defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility 'of any employees hired since the date of this contract to peiform work under this contract.' Executed this _ l l day of 20 PROSPEC VE CONTRACTOR !21 S Patrick O'Brien, Principal Printed Name Title 720 774-6140 Phone _ pobrien@plummer,com Email ACKNOWLEDGMENT STATE OF cp lgnxi &-a ) ss. COUNTYOF P The foregoing Certification was acknowledged before me this 15 day of OP—erl` te- , 20 lac-, by �Ysrle rl (Name), for ' er (Name) (Company Name), Witness my hand and official sea]. ZURINE L CORCORRAN My commission expires: `+ ► NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20024021157 MY COMMISSION EXPIRES AUGUST 19, 2022 Notary Public rcFei Project ; Page -1 Owner.-vi s— Engineer: Owner -Engineer Agreement— Pre -Contract CerUflcation RESOLUTION NO.19-107 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, FOR SUPPLEMENTAL BUDGET AND APPROPRIATIONS FOR THE 2019 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 12, 2018; and WHEREAS, based on the foregoing, a need exists to allocate funds from the 2019 interest revenue received for the UMB Bank administrative fees on the 2018 Certificate of Participation (COP). WHEREAS, the amended 2019 budget, as revised by this Resolution, remains in balance as required by law: and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the 2019 appropriation for the 0.6% Sales Tax Improvement Fund is hereby increased for Administrative Fees from $15,000 to $20,000 for a total increase to the 2019 adopted budget in the amount of $5,000. n �J INTRODUCED, READ, and ADOPTED this A L"day of December, 2019. ��R�STpN� TOWN •S m=_. SEAM,. °a Y. G Attest: Lisa Bartley, AetiQ Town Clerk 0 TOWN OF FIRESTONE rdIW/i � : 'A .� • RESOLUTION 19-108 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE CONDITIONS SURVEY FOR THE BIGHORN URBAN RENEWAL AREA, FINDING THAT BLIGHT EXISTS WITHIN THE BIGHORN URBAN RENEWAL AREA, MAKING CERTAIN LEGISLATIVE FINDINGS, APPROVING THE BIGHORN URBAN RENEWAL PLAN AND AUTHORIZING THE FIRESTONE URBAN RENEWAL AUTHORITY THE ABILITY TO EXERCISE THE POWER OF EMINENT DOMAIN WHEREAS, the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31 (the "Act") provides for urban renewal of blighted areas; WHEREAS, the Firestone Urban Renewal Authority (the "Authority") has undertaken to elimirate and prevent blight and to prevent injury to the public health, safety, morals, and welfare of the residents of the Town of Firestone, Colorado (the "Town"); WHEREAS, a conditions study and survey were prepared to determine whether the area described therein contains factors included in the definition of"blighted area" as provided in the Act; WHEREAS, within thirty days of commissioning the conditions survey, notice was provided to all property owners within the study area pursuant to C.R.S. § 31-25-107(1)(b); • WHEREAS the Conditions Stud for Bighorn Stud Area dated October 2019 the Y g Y ( "Conditions Study") which included a description of existing conditions and photographs, which Conditions Study is attached and incorporated herein as Exhibit A, and which determined that the Conditions Study area, now referred to as the Bighorn Urban Renewal Area (the "Area"), contains factors included in the definition of "blighted area" as provided in the Act; WHEREAS, the Bighorn Urban Renewal Plan (the "PIan"), which includes a legal description of the Area, has been submitted for review by the Town Board of Trustees, a copy of which is attached hereto as Exhibit B and incorporated herein; WHEREAS, the Tax Forecast and County Impact Report dated October 2019 (the "Impact Report") has been timely submitted to the Weld County Board of County Commissioners pursuant to C.R.S. § 31-25-107(3.5), and also provided to the other taxing entities within the proposed Area; WHEREAS, on November 7, 2019, the Town Planning and Zoning Commission approved Resolution No. PC-19-14 which found the Plan to be in conformity with the Firestone Master Plan (the "Master Plan"), which is the general plan for the development of the Town as a whole; WHEREAS, notice of the public hearing on the Plan was published in a newspaper of general circulation as required by C.R.S. § 31-25-107(3) at least thirty days prior to the public hearing; WHEREAS, written notice was mailed or delivered to each property owner, business, and 19957385-3 resident of the Area included in the Plan informingthem of the public hearing on the Plan and the P g use of eminent domain as required by C.R.S. § 31-25-107(3), at least thirty days prior to the public hearing; WHEREAS, the Conditions Study, the Impact Report, and the Plan are matters of public record in the custody of the Town Clerk and have been available for public inspection during business hours of the Town at least thirty days prior to the public hearing; and WHEREAS, on November 20, 2019, the Town Board of Trustees conducted a public hearing on the Conditions Study, the Plan, and the use of eminent domain, pursuant to the procedural and notice requirements of the Act, and the Town Board of Trustees considered the evidence presented in support of and in opposition, including the Conditions Study, the Impact Report, the Plan, and staff recommendations, and so have considered the legislative record and given appropriate weight to the evidence. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Town Board of Trustees determines that the Area described in the Conditions Study is a "blighted area" as defined in the Act. Based upon the Conditions Study and other evidence presented at the public meeting on November 20, 2019, five factors of blight are found to exist within the Area. The specific factors outlined in the Act (numbering follows the Act) found to exist in the Area are: (b) Predominance of defective or inadequate street layout; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Unusual topography or inadequate public improvements or utilities; and (h) Defective or unusual conditions of title rendering the title unmarketable. Section 3. The presence of such factors within the Area substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, and constitutes an economic and social liability, and is a menace to the public health, safety, morals and welfare of the residents of the Town. Section 4. The Town Board of Trustees finds and determines that the Area is blighted within the meaning of C.R.S. § 31-25-103(2), without regard to the economic performance of the property included within the Area pursuant to C.R.S. § 31-25-107(3)(b), and hereby finds and designates the Area as appropriate for an urban renewal project. Section 5. The boundaries of the Area have been drawn as narrowly as is feasible to accomplish the planning and development objectives of the Plan. 0 19957385.3 • Section 6. The Plan meets the requirements of Act and furthers the public purposes of facilitating redevelopment of the Area, eliminating blight, and preventing injury to the public health, safety, morals, and welfare of the residents of the Town. Section 7, The Area contains property which meets the definition of agricultural land as set forth in C.R.S. § 31-25-103(1). Accordingly, the Authority has obtained the consent for inclusion of all of the taxing entities who impose a mill levy upon property within the Area, with a pending request to the Northern Colorado Water Conservancy District. Section S. The Plan contains a legal description of the Area. Section 9. It is not expected or intended that the Plan will displace or needto relocate any individuals or families in connection with its implementation, but to the extent that any such relocation may be required, a feasible method exists for the relocation of individuals and families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families. Section 10. It is not expected or intended that the Plan will displace or need to relocate any business concerns in connection with its implementation, but to the extent that any such relocation may be required, a feasible method exists for the relocation of such business concerns in the Area or in other areas that are not generally less desirable with respect to public utilities and public and • commercial facilities. Section 11. The Town Board has undertaken reasonable efforts to provide written notice of the public hearing on the Plan and the use of eminent domain as prescribed by C.R.S. § 31-25- 107(3), to all property owners, residents, and owners of business concerns in the Area at their last known addresses at least thirty days prior to the public hearing on the Plan and the use of eminent domain. Section 12. No more than one hundred twenty days have passed since the commencement of the first public hearing on the Plan. Section 13. Section 31-25-107(4)(e), C.R.S., does not apply because the Town Board of Trustees did not fail to previously approve this Plan. Section 14. As previously determined by the Town Planning and Zoning Commission, the Town Board of Trustees also finds that the Plan is in conformity with the Master Plan, which is the general plan for development of the Town as a whole. Section 15. The Plan will afford maximum opportunity, consistent with the sound needs of the Town as a whole, for the rehabilitation or redevelopment of the Area described in the Plan by private enterprise. 0 19957395.3 Section 16. The Plan will adequately finance, or agreements are in place to finance, any additional County infrastructure and services required to serve development within the Area for the period in which all or a portion of the property taxes described in C.R.S. § 31-25-107(9)(a)(M, and levied by the County are paid to the Authority. Section 17. To the extent that the Area described in the Plan may constitute open land which is to be redeveloped for residential uses within the meaning of C.R.S. § 31-25-107(5) of the Act, the Town Board of Trustees hereby finds that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; conditions of blight and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals or welfare; and the acquisition of the Area for residential uses is an integral part of and essential to the program of the Town. Section 18. The Plan has met the requirements of C.R.S. § 31-25-105.5(5)(a), related to use of eminent domain, insofar as at least five factors of blighted conditions are found to be present within the Area, and the requirements of C.R.S. § 31-25-107(3)(b), insofar as proper notice has been provided of a hearing on the inclusion of eminent domain in the Plan. Section 19. The Town Board of Trustees hereby finds that a public hearing has been held on the Plan and the Authority's exercise of the power of eminent domain to acquire property within the Area, that the Plan meets the requirements of C.R.S. § 31-25-105.5(2), and that the principal public purpose for adoption of the Plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted or slum areas. Section 20. The Town Board of Trustees has duly considered and hereby approves the Plan and authorizes the Authority to take any and all actions pursuant to the Act to execute the Plan, including the power of eminent domain. . 19957385.3 • INTRODUCED, READ AND ADOPTED this 20`' day of November, 2019. TOWN OF FIRESTONE, COLORADO �\?,ES7-0N TOWN � C'p .fie Bobbi Sindelar, Mayor ATTEST: L,11YA Acting Town Clerk APPROVED AS TO FORM: i, Town Attorney 0 19957385.3 �J • . 19957385.3 EXHIBIT A Conditions Study for Bighorn Study Area [see attached] • • Conditions Study for Bighorn Study Area Firestone, Colorado Prepared for: Firestone Urban Renewal Authority 151 Grant Ave. Firestone, CO 80520 Prepared by: DWConsulting DGC Consulting 18331 E. Davies Avenue Foxfieid, CO 80016 FINAL • October 2019 Bighorn Study Area Conditions Study 0 Background information and other data have been furnished to DGC Consulting (DGC) by the Firestone Urban Renewal Authority (FURA), Town of Firestone, and/or third parties, which DGC has used in preparing this report. DGC has relied on this information as furnished, and is neither responsible for nor has confirmed the accuracy of this information. • Bighorn Study Area Conditions Study L� Contents 1. Introduction.................................................................................... 1 1.1. Purpose.......................................................................................................... ........1 ...................... 1.2. Colorado Urban Renewal Law.....................................................................................................1 1.3. Study Methodology.....................................................................................................................3 2. Study Area Analysis........................................................................ 4 2.1 Study Area...................................................................................................................................4 2.2 Existing Conditions......................................................................................................................7 2.3 Field Survey Approach...............................................................................................................13 2.4 Desktop Analysis........................................................................................................................13 2.5 Blight Factor Evaluation Criteria................................................................................................13 2.6 Results of the Study Area Analysis............................................................................................17 3. Summary of Findings and Conclusions .......................................... 25 3.1 Findings......................................................................................................................................25 3.2 Conclusions................................................................................................................................26 Appendix................................................................................................ 33 AppendixA: Sources Consulted..............................................................................................................33 List of Exhibits Exhibit 2-1: Study Area Boundary Map.................................................................................................. 5 Exhibit 2-2: Study Area Regional Location Map...........................................................................................6 Exhibit 2-3: Study Area Parcel Map.............................................................................................................. 8 Exhibit 3-1: Field Survey Photo -Reference Map........................................................................................28 Exhibit 3-2: Field Survey Photographs.......................................................................................................31 List of Figures Figure 2-1: Oil and Gas Well Locations......................................................................................................12 Figure 2-2 View southeast toward drilling site..........................................................................................23 Figure 2-3 East view along Sable Avenue...................................................................................................23 Figure 2-4 View south along eastern Study Area border........................................................................... 24 Figure 2-5 View north from Pine Cone Avenue......................................................................................... 24 List of Tables Table2-1: Study Area Parcel........................................................................................................................7 Table 2-2: Study Area Surrounding Land Uses.............................................................................................9 Table 2-3: Oil and Gas Well Summary........................................................................................................11 Table 2-4: Study Area Conditions Summary ..............................................................................................21 Table 3-4: Photographic Reference Sheet Detail.......................................................................................29 0 Bighorn Study Area Conditions Study 1. Introduction This report presents the conditions ("blight") survey, analysis, findings and underlying rationale for the Bighorn Conditions Study ("Conditions Study", or "Study"), which was undertaken by DGC Consulting ("DGC"). DGC conducted the field survey on April 15, 2019. 1.1. Purpose The purpose of the Study is to determine whether there exists slum or blight conditions within the Bighorn Study Area ("Study Area") within the meaning of Colorado Urban Renewal Law, and whether the Study Area should be recommended for such urban renewal efforts as the Town of Firestone ("Town") may deem appropriate to remediate existing conditions of slum or blight and to prevent further deterioration and blight. 1.2. Colorado Urban Renewal Law In the Colorado Urban Renewal Law, Colorado Revised Statutes § 31-25-101 et seq. (the "Urban Renewal Law"), the legislature has declared that an area of slurp or blight ...constitutes a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state in general and municipalities thereof; that the existence of such areas contributes substantially to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of public policy and stotewide concern.... Before action can be taken by a public agency, however, the Urban Renewal Law requires a finding by the appropriate governing body that an area exhibits conditions of slum or blight. The determination that an area constitutes a slum or blighted area is a cumulative conclusion attributable to the presence of several physical, environmental, and social factors. Indeed, slum or blight is attributable to a multiplicity of conditions, which, in combination, tend to accelerate the phenomenon of deterioration of an area. For purposes of this study, the definition of a blighted area articulated in the Urban Renewal Law follows: 'Blighted area" means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum; deteriorated, or deteriorating structures; • i Bighorn Study Area Conditions Study b. Predominance of defective or inadequote street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title non -marketable; h. The existence of conditions that endanger life or property by fire and other causes, i. Buil&ngs that are unsafe or unhealthy for persons to live or work in because of build;ng code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property, or k.5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or L If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph ffl the fact that an owner of on interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with lows governing condemnation. To be able to use the powers of eminent domain, "blighted" means that five of the eleven factors must be present (Colorado Revised Statutes § 31-25-105.5(2) (a) (1)). In all other circumstances, four factors are required to support a finding of blight where property owner consent or eminent domain are not being sought. Only one factor must be present if the property owner or owners and the tenant or tenants of such owner or owners do not object to the finding (Colorado Revised Statutes § 31-25- 105.5(2) (1)). Several principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. The definition of "blighted area contained in the Urban Renewal Law is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration." Tracy v. City of Boulder, 635 P.2d 907, 909 (Colo. Ct. App. 1981). Second, the presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area "taken as a whole," and not 2 Bighorn Study Area Conditions Study on a building -by -building basis. Interstate Trust Building Co. v. Denver Urban Renewal Authority, 473 P.2d 978, 981 (Colo. 1970). Third, a governing body's "determination as to whether an area is blighted... is a legislative question and the scope of review by the judiciary is restricted." Tracy, 635 P.2d at 909. A court's role in reviewing such a blight determination is simply to determine whether the municipality has exceeded its jurisdiction or abused its authority. 1.3. Study Methodology DGC was retained to perform an independent survey of the Study Area and to determine whether it contains conditions of slum or blight so as to constitute a blighted area under the Urban Renewal Law. Based upon the conditions observed in the field, this Study makes a recommendation as to whether the Study Area is blighted within the meaning of the Urban Renewal Law. The actual determination itself remains the responsibility of the legislative body, in this case, the Town Board of Trustees. An important objective of this study is to obtain and evaluate data on a wide range of physical and non- physical conditions that are present in the Study Area. Information about the Study Area was collected, analyzed, and documented according to the following tasks: ■ Task 1: Project Initiation, Data Collection and Mapping ■ Task 2: Field Survey, Research and Verification ■ Task 3: Documentation and Presentation of Findings Tasks 1 and 2 are described in Section 2, Study Area Analysis. Task 3 is described in Section 3, Summary of Findings. 3 Bighorn Study Area Conditions Stud • 2. Study Area Analysis 2.1 Study Area The Bighorn Study Area is a single parcel of 235.43 acres, more or less (per the legal description). it is shown on Exhibit 2-1: Study Area Boundary Map. Study Area is located between Pine Cone Avenue and Sable Avenue, in southeast Firestone. The location of the Study Area is shown in Exhibit 2-2: Study Area Regional Location Map. • r� 4 Bighorn Study Area Condit ons Study • Exhibit 2-1: Study Area Boundary Map • LEGEND Study Area Firestone Town Limits NPO Consulting • 5 Study Area Boundary Map 0 251 Soo 750 1,000 feet Base Map Source: Google Earnh Pro, April 29, 2019 Bighorn Study Area Conditions Study • Exhibit 2-2: Study Area Regional Location Map • • Cm�no .-�dltivdk ,. _s f,+ { i A,rpvM i � i� to as c : — -1 „�. cow r-^r U3956us _ t , r k E 't t Y IU ------------ , �...._ � 1 i �5 •• _ Uacata � i Fm luPtan i_ co ., Ni .. CN 113 t usa �- r + a- , d LEGEND Study Area Regional Location Map OStudy Area 0 I 2 E miles Base Map Source: DGe Consulting Open Street Map, May 2, 2019 Bighorn Study Area Conditions Study 0 2.2 Existing Conditions Background: This Conditions Study was conducted on April 15, 2019, followed by research and desktop analysis of physiczI conditions. Otherthan the recently developed drilling pad site and related improvements, the site features shown on Google Map and Google Earth Pro aerial imagery were consistent with conditions observed during the field survey. Parcel Surveyed: The Study Area is comprised of a single parcel totaling 235.43 acres, according to the legal description (dated April 25, 2019). It is the eastern half of Section 17. The Weld County Assessor's information is slightly less (232.88 acres), and is summarized on Table 2-2: Study Area Parcel. However, for the purpose of this Study, this difference in acreages is not considered to be important. The parcel boundaries according to the legal description are illustrated on Exhibit 2-3: Study Area Parcel Map. Table 2-1: Study Area Parcel Account Parcel Area No. Number Area (SF) (Acres) Legal Owner Address FIR TMP LOT A AMD Firestone Venture 242017lh St Suite 3051, R7762599 131117006001 10,144,253 232.88 TEETS MINOR PLAT LLC Denver, CO80202-2507 0 Bighorn Study Area Conditions Study • Exhibit 2-3: Study Area Parcel Map • • LEGEND Study Area parcel Map Study Area �en�n� 0 160 200 300 seal Firestone Town Limits (MIIJ Parcels 1191 tT%1@0 MI Parcel ID Number DCOConsulting Base Map source Google Earth Pro, April 2% 2019 8 • Bighorn Study Area Conditions Study Development and Land Use: The Study Area is in the easternmost side of the Town of Firestone. The parcel adjoins Sable Avenue (County Road 22, a public right-of-way) on the north, private agricultural land on the east (which is on alignment with Ingalls Street, were it to be extended), private residential land and Pine Cone Avenue (County Road 20, also a public right-of-way) on the south, and subdivided land on the west that is developed with estate lot residential houses, as well as some frontage on Del Camino Lane, which is a public, residential street. Land uses are summarized in Table 2-2: Study Area Surrounding Land Uses. Table 2-2: Study Area Surrounding Land Uses Area Land Use North of Study Area Rural estate residential, agricultural, vacant land, public right-o�way (Sable Ave) Study Area Agricultural East of Study Area Agricultural, rural residential Rural estate residential, agricultural, vacant South of Shady Area land, public righk- way (Pine Cone Ave) West of Study Area Rural estate residential, agricultural, vacant land Source: Google Map Future growth and development decisions are guided by the Town of Firestone Master Plan (2013), Firestone Zoning Map (2019), and Town of Firestone Development Regulations, which include zoning and subdivision regulations, and other supporting documents. Zoning: At the time of the field survey, the parcel in the Study Area was zoned PUD-RA (Planned Unit Development Residential — A) per Ordinance 355 in 1997. According to Town of Firestone Zoning Regulations, a PUD (Planned Unit Development) provides the opportunity for mixed and multiple use districts where both residential neighborhoods and nonresidential areas can be comprehensively planned and developed. All major categories of land use including industrial, office, commercial, residential, public uses, and open space can be incorporated into a PUD. The Study Area was annexed to the Town of Firestone as part of the Teets Annexation No. 2 and 3. Related to the annexation, the landowners submitted the Teets PUD Outline Development Plan that covered 929.3 acres. The Teets PUD Outline Development Plan to PUD - RA zoning was approved in 1997. 9 Bighorn Study Area Conditions Study A Special Use Permit SUP for onion of the Stud Area was approved in 2018 b the Town of p (SOP) p Y pp Y Firestone. The SUP prescribes conditions related to drilling 19 oil and gas wells in the south portion of the Study Area. The SUP shows the location of drilling equipment, tanks, fencing, parking areas, and access roads. At the time of the field survey, Crestone Peak Resources was preparing to drill on the site. Drillin€ is expected to continue into 2020 when production begins. Streets and Storm Drainage: The Town of Firestone Public Works Department is responsible for streets and storm drainage in the Study Area. However, because the Study Area and most adjoining parcels are undeveloped, there is limited street infrastructure in the area. No major issues were identified. Public and Private Utilities: The Study Area is within the Northern Colorado Water Conservancy District which provides bulk water resources to municipalitie's and districts, including the Town of Firestone. Water distribution to the Study Area would be by the Town of Firestone. Although the Study Area is within Firestone municipal boundaries, considerable potable water and fire protection infrastructure will need to be constructed in order to receive these municipal services. Accordi-ig to Town staff, the Study Area is not, at this time, included in either the Central Weld County Water District or the St. Vrain Sanitation District (although it appears to be within the St. Vrain Sanitation District service area). To obtain services from any of these Districts, the property owner or developer would need to apply for and receive approval for inclusion. Natural gas to the Study Area can be provided by Black hills Energy and electrical power by United Power Cooperative. Telephone and telecommunications can be provided by private utilities. No major issues were identified. Other Districts and Services: The Study Area is within the St. Vrain Valley REl-J School District (sometimes referred to as the "Longmont RE1-J School District"), the Frederick— Firestone Fire Protection District, and the High Plains Library District. The property is not within the Carbon Valley Recreation District, although it may be included in the future as residential development proceeds. Oil and Gas Development: Existing oil and gas drilling operations in the southern portion of the Study Area are an activity that requires land use controls. Under conditions outlined in a Special Use Permit (SUP) approved by the Town in 2018, 19 wells are permitted to be drilled from a single pad site, as well as ponds, tanks, equipment, fencing, staging and parking areas, and access roads. The SUP includes measures to mitigate • the acoustic, traffic, and other impacts of the drilling. Drilling is expected to continue into 2020 and the 10 P-j 0 Bighorn Study Area Conditions Study wells will o into production. The timeframe for production is g p p expected to be 15 years, after which the wells will be capped. In addition, there are approximately 20 active or formerly active oil/gas well locations within the Study Area and approximately 92 within one -quarter mile of the Study Area, according to the website and maps provided by the Colorado Oil and Gas Commission. These locations are classified as: shut in, abandoned location, plugged and abandoned, producing, and drilling, and are summarized on Table 2-3: Oil and Gas Well Summary. A graphic of the well locations taken from the website is included as Figure 1: Oil and Gas Well Locations. Existing wells, whether operational, decommissioned, or abandoned, are a site encumbrance that contributes to blight. Future development in the Study Area will need to proceed in a manner that removes these oil and gas recovery facilities or includes appropriate mitigation measures and site planning to eliminate and prevent blight. Taken together, these conditions support the following blight factors: deterioration of site or other improvements, unusual topography of public improvements, and defective or unusual title conditions. Table 2-3: Oil and Gas Well Summary ID Description Within Study Area 114 mile outside of Study Area S 1 Shut-in 5 16 A L Abandoned Location 2 4 P A Plugged & Abandoned 4 12 P R Producing 4 53 D G Drilling 5 9 Total locations 20 94 Source: Colorado Oil and Gas Commission website (2019)L j Bighorn Stucy Area Conditions Study P 8-2N-6iw- S F PItP PR PA PR P PR, PR �� P 'SII L . ik a + A SI �,qF ti.#;, • {PRE • CAL p P �R' i r . � PR PR. PR PR g0GIDG + . R P 4r, �A PR I PR J".SP4Ip PAR` _ s #PR !PR p l IPR'•'PRAARR� r4ra:i P APR D D 0 00 IPA D D , E , PP , D Figure 2-1: Oil and Gas Well Locations Source: Colorado Oil and Gas Commi3sion Websife (2019) Other Public infrastructure or Site Features: There is an irrigation canal passing across the southern and eastern parts of the Study Area that is labeled cn legal documents as an easement for the South Platte Supply Canal. This canal will limit development in this area and measures may be necessary to accommodate or mitigate the impacts of this feature. Therefore, it contributes to a finding of blight due to unusual topography or public improvements, as well as defective or unusual title conditions. Vacancy and Underutilizatio-i: The Study Area is currently being used for agriculture and oil and gas drilling and is not considered to be vacant and underutilized. 11 Bighorn Study Area Conditions Study 0 2.3 Field Survey Approach The physical site survey was conducted on April 15, 2019. The majority of the blight factors were addressed during the site visit —exceptions being those which were not considered or were analyzed through "desktop analysis" (see description below). Each observation of a blight factor observed during the field survey, as described in Section 1, was tallied on a survey matrix with a numbered photograph (located on a map graphic). The field survey information is summarized as follows: ■ Locations of the observations and photographs are documented on an aerial photo for the survey area (Exhibit 3-1: Field Survey Photo -Reference Map). Note that the numbers on the aerial image reference numbered photos in the tables. ■ The survey observations are summarized on Table 2-4: Study Area Observed Conditions Summary. A more detailed list of observations is included in Chapter 3. Note again the cross- referencing of numbered photos. ■ The narrative is supplemented with relevant photographs that highlight the observations. A complete set of photographs is included in Chapter 3. 2.4 Desktop Analysis In addition to the field survey, further analysis was performed in an office setting. This "desktop analysis" (D.A. on the tables) included review of information provided by the Town of Firestone, Weld County Assessor, Crestone Resources, public domain aerial photography (Google Map), and other documentation in order to comprehensively assess the existing conditions within the Study Area. The Town also provided a concept plan prepared by Firestone Venture, LLC, which is the current owner of the surface rights of the property. The following Urban Renewal Law blight factors were evaluated as part of the desktop analysis: b. Defective or inadequate street layout C. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness g. Defective or unusual conditions of title rendering the title nonmarketable i. Buildings which are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities j. Environmental contamination of buildings or property k.5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements 2.5 Blight Factor Evaluation Criteria DGC Consulting developed the following evaluation criteria for examination of the eleven blight factors (a through k.5). These criteria were evaluated during the field survey and review of available supplemental documentation during the desktop analysis. Each factor is indicated on Table 2-4: Study • 13 Bighorn Study Area Conditions Study Area Observed Conditions, with notes summarizingthe methodology that was used to make the gY observation (field survey, desktop analysis, or not surveyed). a. Slum, deteriorating or deteriorated structures Field survey efforts examining this factor focused on the general condition and level of deterioration of the existing building's exterior components, such as: ■ Deteriorated exterior walls ■ Deteriorated visible foundation/ incomplete demolition ■ Deteriorated fascia,soffits, and/or eaves • Deteriorated/ lack of gutters and/or downspouts ■ Deteriorated exterior finishes ■ Deteriorated windows or doors ■ Deteriorated stairways/fire escapes/handicapped access ■ Deteriorated loading dock areas and/or ramps ■ Deteriorated barriers, walls, and/or gates ■ Deteriorated ancillary structures ■ Other (exposed electrical; incomplete demolition, hazardous HVAC) b. Predominance of defective or inadequate street layout The analysis conducted for this blight factor evaluated the effectiveness or adequacy of the streets within the Study Area. Evaluation criteria in this section include: ■ Poor vehicle access ■ Poor internal circulation ■ Substandard driveway definition and/or curb cuts ■ Poor parking lot layout ■ Other (poor street layout and access) C. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness The analysis conducted for this blight factor evaluated the adequacy of the lot layout within the Study Area. Evaluation criteria in this. section include: ■ Faulty and/or irregular lot shape ■ Faulty and/or irregular lot configuration ■ Lack of access to a public street ■ Inadequate lot size ■ Other d. Unsanitary or unsafe conditions • 14 • Bighorn Study Area Conditions Study The presence of the following conditions could contribute to an unsafe or unsanitary environment within the Study Area and surrounding community: ■ Poorly lit or unlit areas ■ Cracked or uneven surfaces for pedestrians ■ Poor drainage ■ Insufficient grading or steep slopes ■ Presence of trash and debris ■ Presence of abandoned or inoperable vehicles ■ Presence of hazardous materials or conditions ■ Presence of vagrants/vandalism/graffiti/pests ■ Other (operating; capped or plugged oil/gas wells) e. Deterioration of site or other improvements This factor focuses on conditions that indicate the lack of general maintenance of a structure, site, or through the presence of these conditions, the environment that reduces the site's usefulness and desirability: ■ Deterioration or lack of parking lot or site pavement ■ Deterioration or lack of site curb and gutter ■ Deterioration or lack site sidewalks and pedestrian areas ■ Deterioration or lack of outdoor lighting ■ Deterioration or lack of site utilities ■ Deterioration or Isck of surface drainage facilities ■ Inadequate site maintenance ■ Non-conformance to site development regulations ■ Deterioration of signage ■ Other (deteriorated fencing/stairways/site improvements/walls) f. Unusual topography or inadequate public improvements or utilities This factor identifies key deficiencies in the off -site and on -site public infrastructure and topography within the Study Area, including: ■ Poor site grading ■ Deterioration of street pavement in right-of-way ■ Deterioration or lack of curb and gutter in right-of-way ■ Insufficient street lighting in right-of-way ■ Presence of overhead utilities in right-of-way ■ Deterioration or lack of sidewalks in right-of-way ■ Deteriorated utilities in right-of-way ■ Other (public infrastructure that limits development) 15 Bighorn Study Area Conditions Study 0 Defective or unusual conditions of title rendering g the title nonmarketable This factor is evaluated through research and analysis of title documents and potential encumbrances. Existence of these criteria contributes to prolonged periods of vacancy and minders redevelopment: ■ Title conditions making the property unmarketable ■ Other (easements and other encumbrances) h. The existence of conditions that endanger life or property by fire or other causes The presence of these criteria within the Study Area can endanger human lives and property: ■ Structures in the floodplain ■ Evidence of previous fire ■ Inadequate emergency vehicle provisions ■ Presence of debris adjacent to structures ■ Hazardous materials near structures ■ Dead or overgrown trees/shrubs near high traffic areas or structures ■ Other hazards present (unsafe level changes; trip/fall hazard, unsafe surfaces) i. Buildings which are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities The criteria for this factor are focused primarily on defective or dangerous conditions within the building envelope and require internal access to the structure for full assessment: ■ Building or zoning code violations ■ Public health concerns ■ Dilapidated or deteriorated interior of building ■ Defective design or physical construction ■ Faulty or inadequate facilities ■ Presence of mold ■ Inadequate emergency egress provisions ■ Evidence of recent flooding ■ Unprotected electrical systems, wires, and/or gas lines ■ Inadequate fire suppression systems ■ Evidence of vagrants inside building Other (fire hazard; documentation of asbestos inside building) j. Environmental contamination of buildings or property The presence of environmental contamination hinders redevelopment through added costs and is potentially hazardous to the surrounding community. These conditions are typically not evident through a visual field survey: ■ Official documentation of environmental contamination . ■ Storage or evidence of hazardous materials 16 U Bighorn Study Area Conditions Study ■ Other evidence of environmental contamination k.5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements These additional criteria are typically not visible during a field survey, but could hinder redevelopment when present: • High levels of vacancy ■ High levels of municipal code violations ■ High levels of vehicular accident reports • High levels of requests for emergency services Other evidence of required high level of municipal services • Other evidence of substantial physical underutilization 2.6 Results of the Study Area Analysis The overall findings of the Study Area analysis are presented in this section. Table 2-4: Study Area Observed Conditions Summary tabulates the results of the field survey and desktop analysis and Figures 2-2 to 2-7 (which follow Table 2-4) are representative photographs of field observations. A complete set of photographs that correlate by number with Photographic/Desktop Analysis Reference'Sheets is included in Exhibit 3-2 at the end of the report. After review of the eleven blight factors described in Colorado Urban Renewal Law, the following five factors were observed within the Study Area to support a finding of blight, during the field survey and/or by subsequent desktop research and analysis: b. Defective or inadequate street layout d. Unsanitary or unsafe conditions e. Deterioration of site or other improvements f. Unusual tcpography or inadequate public improvements or utilities g. Defective or unusual conditions of title rendering the title nonmarketable The fallowing six factors were not observed, or not observed sufficiently, to support a blight finding: a. Slum, deteriorated, or deteriorating structures C. Faulty lot layout h. The existence of conditions that endanger life or property by fire or other causes i. Buildings which.are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities j. Environmental contamination 17 Bighorn Study Area Conditions Study • k.5 The existence of health, safety, or welfare factors requiring high levels of municipal Y q g g p services or substantial physical underutilization or vacancy of sites, buildings, or other improvements Slum, deteriorated, or deteriorating structures — NOT OBSERVED There were no permanent buildings in the Study Area, which is a large open pasture with scattered oil and gas wells and an oil and gas drilling operation. However, taken as a whole, slum, deteriorated, and deteriorating structures were not observed in the Study Area. b. Predominance of defective or inadequate street layout — OBSERVED Perimeter access to the Study area is very poor and there are no permanent public streets and rights -of - way. The Study Area can only be accessed from two locations: a temporary drilling access road on the south and a ranch pasture gate on the north. Otherwise, the site is enclosed by continuous fencing without access points. There is no other public street infrastructure within the Study Area. Therefore, these observed conditions constitute a predominance of defective or inadequate street layout. C. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness — NOT OBSERVED The large size and regular shape is well -suited for eventual development. Therefore, the current conditions relative to this factor do not support a finding of blight. d. Unsanitary or unsafe conditions — OBSERVED The presence of abandoned well locations on the site and active drilling are considered to be unsafe conditions within the Study Area. As a safety and security precaution, the drilling pad is fenced and managed by a security guard to limit access. It is not clear what safety and security measures will be imposed after drilling is completed and the wells are in the production phase. These observations and documentation of hazardous or unsafe conditions at locations within the Study Area and in the immediate vicinity of the drilling pad site support a finding of blight. e. Deterioration of site or other improvements — OBSERVED Although the Study Area is not developed with streets and buildings, former well sites do exist and are deteriorated. Perimeter fencing is also in degraded condition compared with other areas. These observations of deteriorated private site improvements throughout the Study Area are evidence 'of deteriorated site improvements, which supports a finding of blight. 18 Bighorn Study Area Conditions Study • f. Unusual topography or inadequate public improvements or utilities — OBSERVED Inadequate public improvements and utilities were observed throughout the Study Area due, in large part due to its undeveloped state. Water, sewer, natural gas, and electric power do not yet reach the Study Area. Domestic water service could be provided by the Town of Firestone, but it has not been extended to the Study Area. Although the Study Area appears to be within the future service area of the St. Vrain Sanitation District, it has not yet been annexed into the District, which is required to receive sanitary sewer service. The Study Area could also potentially be included in the Carbon Valley Recreation District; yet it has not yet been formally annexed. This would be required to receive services. The South Platte Supply Canal crosses the southern and eastern parts of the Study Area and is a physical obstacle to development. A lack of right-of-way improvements and public infrastructure within the Study Area, as well as significant limitations resulting from the irrigation canal are evidence of unusual or inadequate public improvements or utilities, which support a finding of blight. . g. Defective or unusual conditions of title rendering the title nonmarketable — OBSERVED • The Special Use Permit (SUP) approved in 2018 by the Town of Firestone prescribes conditions related to drilling 19 oil and gas wells in the south portion of the Study Area. Features of the SUP include drilling equipment, tanks, fencing, parking areas, and access roads. The SUP and the conditions that it imposes on property within the Study Area are significant legal limitations that will make it more difficult to market and/or develop property within the Study Area. In addition, existing oil and gas wells, even if they are plugged, will impose limitations on how the property in the Study Area can be developed. The South Platte Supply Canal easement also makes that portion of the Study Area non -developable. Therefore, conditions of title may make portions of the Study nonmarketable for development. h. The existence of conditions that endanger life or property by fire or other causes — NOT OBSERVED Although there was an active oil and gas drilling operation with the Study Area, the drilling pad was secured by opaque fencing, a gate, and full-time security personnel. Therefore, observed conditions do not endanger life or property by fire or other causes in the Study Area, and hence, do not support a finding of blight. 19 Bighorn Study Area Conditions Study i i. Buildings which are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities — NOT OBSERVED • 0 Conditions related to building safety or suitability were not observed due to the fact that there are not permanent buildings within the Study Area. j. Environmental contamination of buildings or property — NOT OBSERVED This report assumes that enforcement of current regulations related to drilling and production activities will mitigate impacts and prevent environmental contamination of the Study Area. This includes the handling of potentially hazardous materials during drilling. Therefore, observed environmental conditions do not support a finding of blight. k.5. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements — NOT OBSERVED Although the Study Area is mostly undeveloped agricultural land with an active oil and gas drilling operation on a portion of it, it is not considered to be vacant and significantly underutilized. 20 is • • Bighorn Study Area Conditions Study Table 2-4: Study Area Conditions Summary Bighorn Study Area Observed Conditions Summary F.S a. SLUM, DETERIORATED OR DETERIORATING STRUCTURES Deteriorated visible foundation/incomplete demolitian Deteriorated Fascia/soffifs/eaves Deledoraled/lack of gulters/downspouts Deteriorated exterior finishes Deteriorated windows and doors Deteriorated stairways/fire escapes Deteriorated loading dock areas/ramps Deteriorated barriers/walls/gates Deteriorated ancillarystructures Other (exposed electrical; incomplete demolition} b. DEFECTIVE OR IN ADEQUATE STREET LAYOUT Poor vehicle access • Poor internal circulailon • Substandard drivewavdefinition/curbcuts • Poor parking lot layout • Other (poor street layout and access} Faulty/irregular let shape Faulty/irregular lot configuration C. FAULTY LOT LAYOUT Lack of access to a public street Inadequate lot size Other d' UNSANITARY OR UNSAFE CONDITIONS Poorly lit or unlit areas Cracked or uneven surfaces for pedestrians Poor drainage Insufficient grading or steep slopes Presence of crash and debris Abandoned/inoperable vehicles and equipment Presence of potentially hazardous materials or condiflans • Vagrants/vandalism/graffiti Other (operating, capped or plugged oil/gas wells} • e. DETERIORATION OF SITE Cg OTHER IMPROVEMENTS Deteriorated/lack of parking lot/sile pavement • Deteriorated/lack of site curb and gutter • Deteriorated/lack of site sidewalks/pedestrian areas • Deteriorated/lack of outdoor lighting • Deteriorated/substandard/lack of site utilities • ❑eteriorated/lack of surface draina a Facilities • g Inadequate site maintenance Nonconformance to site development regulailans Deierioration of signage Other(deteriorated fencing/stairs/site improvements) Note: Fied Survey abbreviated F.S.,Deskfaa Ana#isabbreviated O.A., Nol Surveyedahbrevfaled H.S. Sourre: C GC ConsuRing Geld survey and Goagk Earth 21 Bighorn Study Area Conditions Study 0 Table 2-4: Study Area Conditions Summary (cont`d) • r� U Bighorn Study Area Observed Conditions Summary F.S. f' UNUSUAL TOPOGRAPHY OR INADEQUATE PUBLIC IMPROVEMENTS OR UTILITIES Poor site grading Deterorated/lack of street pavement in right-of-way • Deteriorated/lack of curb and gutter in right-cf-way • Insufficient street lighting in nghtof-way Overhead utilities in right-of-way Deteriorated/inadequateAack of sidewalks in rightbf-way • Deterarated/unsafe utilities in the right-of-way Ocher (public infrastructure that limits development) • g' DEFECTIVE OR UNUSUAL Title conditions making the property unmarketable (including SUP zoning) e TITLE CONDITIONS Other (easements and other encumbrances) • h, THE EXISTENCE OF CONDITIONS THAT ENDANGER LIFE OR PROPERTY BY FIRE OR OTHER CAUSES Structures In the floodplain Evidence of previous fire Inadequate emergency vehicle provisions Presence of dry debris adjacent to structures Hazardous materials near structures/fire hazard Dead ireesJshrubs near high traffic areas Other (unsafe level changes; trip/fall hazard( I, BUILDINGS THAT ARE UNSAFE / UNHEALTHY FOR PERSONS TO LIVE / WORK IN BECAUSE OF BUILDING CODE VIOLATIONS, DILAPIDATION, {DETERIORATION, DEFECTIVE DESIGN, PHYSICAL CONSTRUCTION, OR FAULTY OR INADEQUATE FACILITIES Building code violations Public health concerns Dilapidated or deteriorated interior of building Defective design or physical construction Faulfyor Inadequate facilities Presence of mold Inedequateerr ergencyegress provisions Evidence of recent flooding Unprotected electrical systems/wires/gas lines Inadequate fire suppression systems Evidence of vagrants inside building Other (fire hazard; documented asbestos] Official documentation of contamination ENVIRONMENTAL t' CONTAMINATION Storage or evidence of hazardous materials Other evidence of environmental contamination k.5 REQUIRES HIGH LEVELS O: MUNICIPAL SERVICES OR SITES/ BUILDINGS/ IMPROVEMENTS UNDERUTILIZED/ VACANT High levels of vacancy High levels of municipal code violations High levels of vehicular accident reports High levels of requests for emergency services 11 Other evidence of required high level of municipal services Other evidence ofsubstantiol physical underutilization Note: Fi h Survey abbreviated F.S., Desldop Analyss abbreValed D.A., Not Surveyed abbrevialed N.S. Source: DGC Cansuding raid suneyand Goggle Earth 22 0 r- • � 1 L_J Bighorn Study Area Conditlzms Study Figure 2-2 View southeast toward drilling site DEFECTIVE OF. INADEQUATE STREET LAYOUT (poor vehicular access,, poor internal circulation, substandard driveways/curb cut), UNSAFE OR UNSANITARY CONDITIONS (operating, capped, or plugged oil and gas wells), DETERIORATION OF SITE OR OTHER SITE IMPROVEMENTS (lack of site improvements including parking, curb and Sutter, sidewalks/pedestrian areas, utilities, and surface drainage facilities), UNUSUAL TOPGRAPHY OR INADEQUATE 'PUBLIC IMPROWMENTS OR UTILITIES (lack of public infrastructure in the right -of way including street pavement, curb and getter, sidewalks, drainage canal that lirmts development) (photo #3) Figure2-3 East view along Sable Avenue DEFECTIVE OF. INADEQUATE STREET LAYOUT (poor vehicular access, poor internal circulation, substandard driveways/curb cut), UNSAFE OR UNSANITARY CONDITIONS (operating, capped, or plugged oil and gas wells), DETERIORATION OF SITE OR OTHER SITE IMPROVEMENTS (lack of site improvements including parking, curb and gutter, sidewalks/pedestrian areas, utilities, and surface drainage facilities), UNUSUAL TOPGRAPHY OR INADEQUATE PUBLIC IMPROWMENTS OR UTILITIES (lack of public infrastructure in the right -of way including street pavement, curb and getter, and sidewalks) (photo #7) 23 • I-] Bighorn Study Area Conditions Stud Figure 2-4 View south along eastern Study Area border DEFECTIVE OR INADEQUATE STREET LAYOUT (poor vehicular access, pcor internal circulation, substandard driveways/curb cut), UNSAFE OR UNSANITARY CONDITIONS (operating, capped, or plugged oil and gas wells), DETERIORATION OF SITE OR OTHER SITE IMPROVEMENTS (lack of site improvements including parking, curb and gutter, s dewalks/pedestrian areas, utilities, and surface drainage facilities), UNUSUAL TOPGRAPHY OR INADEQUATE PUBLIC IMPROVEMENTS OR UTILITIES (lack of public infrastructure in the right -of way including street pEvement, curb and gutter, and sidewalks) (photo #9) Figure 2-5 View north from Pine Cone Avenue DEFECTIVE OR INADEQUATE STREET LAYOUT (poor vehicular access, pcor internal circulation, substandard driveways/curb cut), UNSAFE OR UNSANITARY CONDITIONS (operating, capped, or plugged oil and gas wells), DETERIORATION OF SITE OR OTHER SITE IMPROVEMENTS (lack of site improvements including parking, curb and gutter, s dewalks/pedestrian areas, utilities, and surface drainage facilities), UNUSUAL TOPGRAPHY OR INADEQUATE PUBLIC IMPROVEMENTS OR UTILITIES (lack of public infrastructure in the right -of way including street pEvement, curb and gutter, sidewalks, and drainage canal that limits development) (photo #11) 24 • Bighorn Study Area Conditions Stud I Summary of Findings and Conclusions 3.1 Findings Within the Bighorn Study Area, the field survey and desktop analysis identified 14 different conditions, which support five blight factors. Specific examples and photo documentation from the field survey/desktop analysis is documented on Exhibit 3-1: Field Survey Photo Reference Map and Table 3-1: Photog-aphic Reference Sheet. A complete set of survey photographs is included in Exhibit 3-2. The blight factors and conditions observed are listed below: a. Slum, deteriorating or deteriorated structures ■ NOT OBSERVED b. Predominance of defective or inadequate street layout (OBSERVED) ■ Poor vehicular access ■ Poor internal circulation ■ Substandard driveway definition/curb cut ■ Poor parking lot layout C. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness W NOT OBSERVED d. Unsanitary or unsafe conditions (OBSERVED) ■ Other hazards present (operating, capped, or plugged oil and gas wells) e. Deterioration of site or other improvements (OBSERVED) ■ Deterioration or lack of parking lot or site pavement ■ Deterioration or lack of site curb and gutter ■ Deterioration or lack site sidewalks and pedestrian areas ■ Deteriorated or lack of site lighting ■ Deteriorated/substandard or lack of site utilities ■ Deteriorated or lack of surface drainage facilities f. Unusual topography or inadequate public improvements or utilities (OBSERVED) ■ Deteriorated or lack of street pavement in right-of-way ■ Deteriorated or lack of curb and gutter in right-of-way ■ Deteriorated or lack of sidewalks in right-of-way ■ Other (public infrastructure such as a canal that limits development) • 25 Bighorn Study Area Conditions Stud g. Defective or unusual conditions of title rendering the title nonmarketable (OBSERVED) ■ Other (easements and other encumbrances - including SUP zoning) h. The existence of conditions that endanger life or property by fire or other causes ■ NOT OBSERVED Buildings which are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities ■ NOT OBSERVED j. Environmental contamination of buildings or property ■ NOT OBSERVED k.5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements ■ NOT OBSERVED 3.2 Conclusions It is the conclusion of this Conditions Study that the Bighorn Study Area, in its present condition and use, meets the conditions of a blighted area as defined by Colorado Urban Renewal Law. By reason of the presence of factors identified in the Urban Renewal Law and as documented in this report, the Firestone Town Eoard may find that the Study Area substantially impairs or arrests the sound growth of the Town of Firestone, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals and welfare. According to Urban Renewal Law, blight may be found to exist if conditions in the Study Area meet at least one of the factors indicative of a blighted area (with the consent of a single property owner), or at least five factors if eminent domain is to be used. Four factors are required to support a finding of blight where property owner consent or eminent domain are not being sought. As described in this report, the followi ng five factors were observed and documented in the Study Area: b. Predominance of defective or inadequate street layout d. Unsanitary or unsafe conditions e. Deterioration of site or other improvements f. Unusual topography or inadequate public improvements or utilities g. Defective or unusual title conditions 26 Bighorn Study Area Conditions Study 10 The blight factors observed are documented on Exhibit 3-1: Field Survey Photo Reference Map and Table 3-1 to 3-5: Photographic/Desktop Analysis Reference Sheet. A complete set of survey photographs is included in Exhibit 3-2: Field Survey Photographs. • 27 Bighorn Study Area Conciti:)ns Study. • Exhibit 3-1: Field Survey Photo -Reference Map LEGEND Photo Location Study Area �11�11� �I�IJ Firestone Town Limits Parcels IMPC Consulting 1� u 28 Meld Survey Photo -Reference Map 0 150 so 750 1.000 feet IT Base Map Source: Google Earth Pro, April 29, 2019 • • • Bighorn Study Area Conditions Study Table 3-5: Photographic Reference Sheet Detail Photo No. on Field Survey Photo Reference Map 1 2 3 4 5 b 7 B 9 10 11 a. SWM,DETERIORATEDOR DETERIORATING STRUCTURES Deteriorated external walls/root Deteriorated visible foundation/inc2eted,,,.moI11j1,, Deteriorated fascialsoffitsleoves 6elerioraledllock of guttersldownsE :._._.._ ---�- 1 ,..__._,}-- NOT-SWRVEYED- -- — - ----- t _.G___W-r Deteriorated exterior finishes ❑oteriorated windows and doors Deteriorated staiiwayslfireescapes - Deteriorated loading dock areaslia l Deleriorated banters/walls/gates Deieri ruled ancillary structures Other (exposed electrical; Incomple b. DEFECTIVE OR INADEQUATE STREET LAYOUT Poor vehicle access • • • • i• Poor internal circulation • j • j • • ',. Suloslandard driveway deMitloalcurbcuts • • • E • '. Poor parking lot layout • • • • • Other {poor street layout and access} C. FAULTY LOT LAYOUT Foullylirregula, lot Shope �#---DESK-TOP-ANA'LYSIS------- t l Faullylirregula, lot configuration Lock of access to a public street Inadequate lot size Other d. UNSANITARY OR UNSAFE CONDITIONS P—ly lit or uallf .,.as I Crocked er uneven surfaces for pedeshians Poor drainage Insufficient grading or steep slopes z p Presence of trash and deh,ls Abandoned/inoperable vehicles and equipment Presence of potentiolly hazardous materials or conditions i Vagrants/vandalism /graIflti Other loperating, capped ar plugged all/Go, wells) • • • • • • • e. DETERIORATION OF SITE OR OTHER IMPROVEMENTS (SITE) Deterlorated/iack of parking lot/site pavement • • • • • • Deterioratedllock of site curb and gutter • • • Deterlorated/lack of site sidewalks/pedestrian areas • • • • I • Deterlorated/lock of outdoor lighting • • • • • • • Deteriorated/substandardllackof site utilities • • _ • • • DeterioratedAackofsurface dramagerealities • • -, • • - • Inadequate site moinlenance Nonconformance to site development regulations Deterloration of signoge Other (deteriorated fen 'ing/stal rs/site improvements) Afafe: Desktop Analysis is abbreviated w U.A., Not Surveyed is abbreviated N.S. Source: DG-,' Consulting field survey and Googie Earth 29 • • Bighorn Study Area Conditions Study Table 3-1: Photographic Reference Sheet Detail (continued) Photo No. on Field Survey Photo Reference Map 1 2 3 4 5 6 7 8 9 10 11 f. UNLISUA LTOPOGRA PHY OR INADEQUATE PUBLIC IMPROVEMENTS OR UTILITIES(ROWI Paar site grading i Deterloratedllack of street pavement in right-0f—y { • i ❑eterioratedAgck of curb and gutter in right-af—y r -. ! • • •. Insullfcient street lighting in right-0fivey i r Overhead utilities in flight-ol-way r ! ❑eterfaratedllnadequarelmck-1sIdewalks1-11 • • • i . Deted-nied/unsale Ailiiies in the righhol-way i Other (public fnhashueture that limits development) r P.-:�FFCTI VP 02 U 14USU A L itle conditions making the property unmarketable Lind. SUP zoning} � � i � TITLPCONDITIONS omerlea —nisandathe,—cnmbrancesl __!NOLS,g:RVEYED} h. THE EXISTENCE OF CONDITIONSTHAT ENDANGER UFE OR PROPERTY BY FIRE OR OTHER CA USES Structures in She MeodplaIn Evidence of previous 1- Inadequate am ergencyvehfcle pravlslo°s - Presence of dry debris adjacent to sfrucluoes !A Hazardous materials near struduresllfre hazotd Dead ireeslshruds near high traffic areas other €unsafe level changes: triplfail in -aid) Building code violations BUILDINGS THAT ARE I" -_-1 Public health concerns I I """" -- — -- UNSAFE IUNHEALTHY FOR PERSONS TO LIVE/WORKIN Dilapidated or deteriorated interior of building Detective des@n or physical constructionT I k E ECA USE OF BUI LDING FaultyorInadequate fac'fties ! ! I t`- E I. CODE v€oLAnaNs, DILAPIDATION, Presenaealmam- t .DESKT_QPAIVALYSIS P } T DETERIORATION, DEFECTIVE DESIGN. Inadequate emergency egress provisions I { �, I Evidence of recent [leading.c.-i._..W—J............. I i -- ... ---- --- --�. v _ { 4-_ -- -- llnprotecfed elecirlcal systemsfw'reslgos lines hY �� PH'SICALCONSTRUCTION, —{i T. OR FAULTY OR Inadegoaterresupp.'sioosydenns �' I - 1 IPIADEQUATEPAC€UTIES Evidenceolvagrontslnsidebuilding _~ i --' Other (fire hazard: documented asbestosl ENVIRONMENTAL CONTAMINATION Official documentation al conromina lion---- _ f C T _-:----r �!-DESKTO _ .__.__.. _. _---.-P_ANALYSIS - - mm _ _t—iOther Sior°ge ar evidence al hazardous materials ', evidence al environmental contamination REQUIRES HIGH LEVELS OF High levels of vacancy --_-f-~ High Levels of municipal code violations ks MUNICIPALSERVICESOR SITEsrBUILDwGs' IMPROVEMENTS High levelsaSvehicular accident reports DIESK I-- 1 TOP A-NALYSIS' _ Hlghlevelsafrequestsfar emergen -rvices other evidence of required high level of municipal services -- FF U NDERUT I U ZED/ VACA NT Other evidence of whsfanticl ph,6ical underutilization _ •_ ,- - , Nola: r�kloc Analysis is abbreviated as D.A., Nd Surveyed is abbmviated N.S Sauna: DGCCgruuNing field survey and Goggle Eadh 0 30 Bighorn Study Area Conditions Study • Exhibit 3-2: Field Survey Photographs • 31 0 Photo i Photo 2 Bighorn Study Area Conditions Study Photo 7 Photo 3 Photo 8 Photo 4 Milli Photo 5 AC r4M.. Photo 10 32 Photo 11 • Bighorn Study Area Conditions Study Appendix Appendix A: Sources Consulted 1. State of Colorado Statutes Urban Renewal Law § 31-25-101: http://www.state.co.us/gov dir/ies dir/olls/colorado revised statutes.htm 2. Google Map and Google Earth Pro aerial imagery and mapping(2019) 3. Mapping and GIS imagery provided by Town of Firestone (2019) 4. Weld County Assessor website (2019) and materials provide by the Weld County Assessor 5. Town of Firestone website (https://www.firestoneco.gov) 6. Firestone Master Plan (2013) 7. Town of Firestone Development Regulations (2019) 8. Northern Firestone Urban Renewal Plan and Weld County Impact Report (2013) 9. Northwest Firestone „Conditions Study. Matrix Design Group (June 2012) 10. Outline Development Plan, Teets Planned Unit Development, Town of Firestone, County of Weld, Colorado (1996) 11. Ordinance #355 - an ordinance zoning property annexed to the Town of Firestone and known as the Teets Annexation No. 1, Teets Annexation No. 2, Teets Annexation No. 3 to the Town of is Firestone (February 1997) 12. Colorado Oil and Gas Conservation Commission website (https://cogcc.state.co.us) 13. Bighorn 17H-P267 Pad Special Use Permit (2018) 14. Resolution Re: Designation of the Unincorporated Area of Weld County, Colorado, as a Mineral (Oil and Gas) Resource Area of State Interest, Pursuant to C.R.S. §24-65.1-202(1) (June, 2019) i 33 • • 0 19957395.3 EXHIBIT B Bighorn Urban Renewal Plan [see attached] �1 • Urban Renewal Plan for Bighorn Urban Renewal Area Firestone, Colorado Prepared for: Firestone Urban Renewal Authority 151 Grant Ave., Firestone, CO 80520 Prepared by: D G CoConsulting DGC Consulting 18331 E. Davies Avenue Foxfield, CO 80016 FINAL t October 2019 Bigho-n Urban Renewal Plan Background information and other data leave been furnished to DGC Consulting (DGC) by Town of Firestone Urban Renewal Authority, Town of Firestone, and/or third parties, which DGC has used in preparing this report. DGC has relied on this information as furnished, and is neither responsible for nor has con,irmed the accuracy of this information. 0 Bighorn Urban Renewal Plan Contents 1.0 Introduction.............................:...............:.............................................................:........1 1.1 Preface—, ........................................................................................................................................ 1 1.2 Blight Findings................................................................................................................................1 1.3 Other Findings................................................................................................................................1 1.4 Urban Renewal Area Boundaries...................................................................................................2 2.0 Definitions.......................................................................................................................2 3.0 Purpose of the Plan......................................................................... ...........................5 4.0 Blight Conditions...........................................................................................................5 5.0 Plan's Relationship to Local Objectives and Appropriate Land Uses ........................7 5.1 . Plan Conformity......................................................................................... .................... ................7 5.2 Consistency with Comprehensive Plan..........................................................................................7 5.3 Relationship to Other Community Plans........................................................................................7 6.0 Authorized Urban Renewal Undertakings and Activities ............................................. 7 6.1 Undertakings and Activities to Remedy Blight...............................................................................8 6.2 Project Development Plan ................................................. ........................................... .................9 6.3 Complete Public Improvements and Facilities...............................................................................9 6.4 Plan Modification.........................................................................................................................10 6.5 Provide Relocation Assistance.....................................................................................................10 6.6 Demolish, Clear and Prepare Improvements...............................................................................10 6.7 Acquire and Dispose of Property.................................................................................................10 6.8 Enter into Redevelopment / Development Agreements.............................................................11 6.9 Enter Into Cooperation Agreements............................................................................................11 6.10 Other Project Undertakings and Activities..................................................................................11 7.0 Project Financing.........................................................................................................11 7.1 Base Valuation Revenues.............................................................:...............................................12 7.2 Increment Valuation Revenues....................................................................................................12 8.0 Severability..................................................................................................................13 Appendix.......................................................................................................................... ...14 Appendix A: Bighorn Urban Renewal Area Legal Description and Map.................................................14 Appendix B; Excerpts from 2013 Firestone Master Plan........................................................................19 0 • ►J • Bighorn Urban Renewal Plan [This page intentionally left blank] iv Bighorn Urban Renewal Plan 0 1.0 Introduction 1.1 Preface This Bighorn Urban Renewal Plan (the "Plan" or the "Urban Renewal Plan") has been prepared for the Town of Firestone, Colorado, which is a statutory town of the State of Colorado (the "Town"). The Plan will be carried out by the Firestone Urban Renewal Authority (the "Authority"), pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, 1973 (the "Act"), as in effect on the date of approval of this Plan. The administration and implementation of this Plan, including the preparation and execution of any documents implementing it, shall be performed by the Authority. 1.2 Blight Findings Under the Act, an urban renewal area is a blighted area, which has been designated as appropriate for an urban renewal project by the Board of Trustees of the Town ("Town Board"). In each urban renewal area, conditions of blight, as defined by the Act, must be present, and in order for the Authority to exerciEe its powers, the Town Board must find that the presence of those conditions of blight substantially impair or arrest the sound growth of the municipality or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare. The Bighorn Conditions Study prepared by DGC Consulting, dated October 2019, provided to the Authority under separate cover and incorporated herein by this reference (the "Conditions Study'), demonstrates that the Bighorn Study Area ("Study Area"), as defined in the Conditions Study, is eligible to be Cecla red a blighted area by the Town Board under the Act. 1.3 Other Findings The Aria (defined in Section 1.4) is appropriate for an urban renewal project to be carried out by the Authority. The activities and undertakings that constitute the urban renewal project as defined in the Act include, without limitation, demolition and clearance of existing improvements, site preparation, installation of needed public improvements, relocation of and provision of new utilities, parking improvements, traffic improvements, and life safety measures. Such actions are necessary to eliminate unsafe conditions, obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of blight. As required by §31-25-107(4)(g) of the Act, this Urban Renewal Plan will afford maximum opportunity, consis-ent with the sound needs of the. Town, for the redevelopment of the Urban Renewal Area by private enterprise. It is the intent of the Town Board in adopting this Plan that the Authority exercises all powers authorized in the Act which may be necessary, convenient, or appropriate to accomplish the objectives of this Plan, including the power of eminent domain. It is the intent of this Plan that the Authority may exercise all such powers as may now be possessed or hereafter granted for the elimination of qualifying conditions in the Area. Bighorn Urban Renewal Plan The powers conferred by the Act are for public uses and purposes for which public money may be expenced and police powers exercised. Upon approval by the Town, this Plan will have been legislatively determined to be in the public interest and necessity. 1.4 Urban Renewal Area Boundaries The Bighorn Urban Renewal Area (the "Urban Renewal Area" or the "Area") is comprised of approx mately 235.43 acres in Firestone. The Area includes one parcel of land. The Area is bounded on the north by the Sable Avenue right-of-way, on the east by private property, on the south by the Pine Cone Avenue right-of-way, and on the west by private property. The ArEa is depicted and shown on A—ppendix A: Bighorn Urban Renewal Area and Legal Description. 2.0 Definitions Act — has the meaning given to such term in Section 1.1 above. Area or Urban Renewal Area — has the meaning given to such term in Section 1.4 above. Authority — has the meaning given to such term in Section 1.1 above. Availab a Property Tax Increment Revenues — means all Property Tax Increment Revenues available . pursuant to the Tax Increment Financing provisions of the Act not payable to taxing bodies pursuant to agreements, if any, with the Authority or otherwise as provided in §31-25-107(9.5) of the Act. In the event that an agreement is reached with a taxing body pursuant to § 31-25-107(9.5) of the Act after the Effective Date of Plan Approval, the Property Tax Increment Revenues generated by said taxing body's mill levi shall become Available Property Tax Increment Revenues, and the authorization for the Authority to receive and expend such revenue shall not be a substantial modification to this Plan. Base Valuation Revenues — means the revenues produced by the base valuation for taxable property as provided in Section 7.0 of this Plan. Blighted Area — shall have the same meaning as in §31-25-103 of the Act. See below: "Blighted area" means an area that in its present condition and use and, by reason of the presence of cat least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes on economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures, b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities, 2 Bighorn Urban Renewal Plan g. Defective or unusual conditions of title rendering the title non -marketable, h. The existence of conditions that endanger life or property by fire and other causes, i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contominotion of buildings or property; or k.5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or 1. if there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in on urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (1), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation. Board of Trustees — means the Town of Firestone Board of Trustees. 0 Bonds -shall have the same meaning as in §31-25-103(3) and 109 of the Act, and, without limitation, • includes costs pursuant to any Redevelopment/Development Agreements or other reimbursement agreements between the .Authority and owners and developers, and cooperation or pledge agreements between the Authority and one or more Districts. Conditions Study (or Study or Survey) — has the meaning given to such term in Section 1.2 above. Cooperation Agreement — means any agreement between the Authority and Town, or between the Authority and any public body (the term "public body' being used in this Plan is as defined by the Act) respecting action to be taken pursuant to any of the powers set forth in the Act, including but not limited to the allocation of Increment Valuation Revenues, or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by the Authority under this Plan. CountyTreasurer—means the Weld CountyTreasurer. C.R.S. — means the Colorado Revised Statutes, in effect on the Effective Date of Plan Approval. District (or Districts) — means a metropolitan district which is a quasi -municipal corporation and political subdivision of the State of Colorado organized under the Colorado Special District Act, 32-1-101, et seq., C.R.S., as from time to time amended, or a business improvement district which is a quasi -municipal 3 U Bighorn Urban Renewal Plan corporation and political subdivision of the State of Colorado organized under the Colorado Business Improvement District Act; §31-25-1201, et seq., C.R.S. Duration — means the entire twenty-five (25) year time period authorized by §31-25-107(9) of the Act. Effective Date of Plan Approval — means the date this Plan is approved by resolution of the Town Board. Impact Report -- means the Bighorn Urban Renewal Area Tax Forecast and County Impact Report, prepared by DGC Consulting, dated October 2019. Increment Valuation Revenues — means the revenues produced by the incremental valuation of taxable property as described in Section 7.0 of this Urban Renewal Plan. Plan or Urban Renewal Plan — has the meaning given to such term in Section 1.1 above. Projector Urban Renewal Project— means all activities and undertakings described in §31-25-103(10), C.R.S., and otherwise authorized by the Act as required for the Duration of the Project to complete development and redevelopment of the Urban Renewal Area, including, without limitation financing and construction of all public and private improvements and payment of all financing obligations included in the definition of Bonds. Property Taxes — means, without limitation, all levies to be made on an ad valorem basis by or for the benefit of any public body upon taxable real and personal property in the Area. Property Tax Increment Revenues — means the property tax revenues allocated to the Authority pursuEnt to §31-25-107(9)(a)(11) of the Act and Section 7.0 of this Plan. Public Body —shall have the same meaning as in §31-25-103(5) of the Act Redevelopment / Development Agreement — means one or more agreements between the Authority and developer(s) and / or property owners or such other individuals or entities as may be determined by the Authority to be necessary or desirable to carry out the purposes of this Plan. Study Area — has the meaning given to such term in Section 1.2 above. Taxing Body or Taxing Entities — means any public body that levies ad valorem taxes on real and personal property within the Area. Town — has the meaning given to such..term in Section 1.1 above. Town Df Firestone Master Plan (or Comprehensive Plan) — means 2013 Town of Firestone Master Plan, as such plan has been or may be amended from time to time. 4 Bighorn Urban Renewal Plan Tax Increment Financingor means tax increment or allocation fin described in 31-25- 107 9 g § () of the Act as in effect on the date this Plan is approved by the Town Board. Tax Increment Financing shall be required for the full Duration to carry out all activities and undertakings to complete the Urban Renewal Project, including, without limitation, payment of all Bonds. 3.0 Purpose of the Plan The main public purpose of this Plan is to reduce; eliminate, and prevent the spread of blight within the Area through redevelopment by private enterprise. The Plan sets goals to achieve this through implementing established objectives for the Area and assisting with the eligible costs of redevelopment, promoting economic growth, and private investment through the tools available within the context of urban renewal tools, laws, and guidelines, including, without limitation, Tax Increment Financing. Establishment of the Urban Renewal Area will take advantage of improving conditions and the upcoming development cycle by focusing urban renewal efforts in a small Area for the Duration in accordance with the mandates of the Act. The Authority commissioned a Conditions Study by DGC Consulting to determine if the Urban Renewal Area contained the factors that constitute a Blighted Area as defined in §31-25-103 of the Act. The Conditions Study was issued and approved in ( insert date ). It concluded that five of the statutory factors are present in the Area, which supports a finding by the Town Board that the Area is a Blighted Area as defined in the Act. 4.0 Blight Conditions Before an urban renewal plan can be approved and adopted by the Town Board, the area must befound and declared to be a "blighted area" as defined in Section 31-25-103(2) of the Act. The Act provides that, in order for blight to be present within the area, at least four specific blight factors must be present in the area, and that such area, in its present condition and use substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; C. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title nonmarketable; 67 • Bighorn Urban Renewal Plan h. The existence of conditions that endanger life or property by fire or other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; k.5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilixation or vacancy of sites, buildings, or other improvements. DGC ccnducted the Conditions Study according to the following methodology: 1. Defined the Study Area; 2. Conducted a visual field survey for the property and evaluate current conditions; 3. Reviewed data provided by the Town; 4. Evaluated conditions found in the context of statutory blight criteria; and 5. Documented the survey findings, as presented in the Conditions Study. The Study Area is 235.43 acres, more or less, is owned by private entities, and is located within the incorporated municipal boundaries of the Town. A portion of the Study Area is being developed with oil and gas wells and the remainder is planned for residential development. Of the eleven qualifying factors identified in the Act, the Conditions Study revealed the following five qualifying conditions of blight, as defined in §31-25-103(2) of the Act, evident within the Study Area. b. Predominance of defective or inadequate street layout — OBSERVED d. Unsanitary or unsafe conditions — OBSERVED e. Deterioration of site or other improvements —OBSERVED f. Unusual topography or inadequate public improvements or utilities —OBSERVED g. Defective or unusual conditions of title rendering the title nonmarketable — OBSERVED 6 • Bighorn Urban Renewal Plan 5.0 Plan's Relationship to Local Objectives and Appropriate Land Uses 5.1 Plan Conformity Implerrentation of this Plan supports the objectives and requirements of the Comprehensive Plan with respect to connectivity to neighborhoods, accessibility to open space, completion of infrastructure, and preservation of natural features, and quality design that promotes Firestone's unique identity. As development occurs in the Area, it shall conform to the Comprehensive Plan and any subsequent updates; the Firestone Building Code, the Firestone Municipal Code, the Firestone Development Code, and an•j rules, regulations, and policies promulgated pursuant thereto; any site -specific planning documents that might impact properties in the Area including, but not limited to, Town -approved site, drainage, and public improvement plans; and, any applicable Town design standards, all as in effect and as may be amended from time to time. Finally, existing conditions present within the Area will be remedied by the proposed Plan, which remediation may be funded in whole or in part by tax increment revenues and improvements phased as the market allows. 5.2 Consistency with Comprehensive Plan As explained above, a comprehensive or general plan for the Town known as the Firestone Master Plan was adopted in 2013. The Authority, with the cooperation of the Town, private businesses, and other public bodies, will undertake projects and activities described herein in order to eliminate the identified conditions of blight while also implementing the goals and objectives of the Comprehensive Plan and all other Town -adopted plans which impact properties within the Area. These include the recent key goals and policies of that plan which this Urban Renewal Plan will advance are described in detail in Appendix B: Excerpts from 2013 Firestone Master Plan. 5.3 Relationship to Other Community Plans Implementation of this Plan will be consistent with the development goals and objectives in other community plans and guides which pertain to development in the Area. The Sump Basin Master Drainage Plan (2010), Town of Firestone Raw Water Irrigation System Master Plan (2010), Town of Firestone Potable Water Master Plan (2010), South Weld I-25 Corridor Master Plan (2010), Town of Firestone Design Criteria and Construction Regulations, and Town of Firestone Parks Design Criteria Manual. 6.0 Authorized Urban Renewal Undertakings and Activities The Act allows for a wide range of activities to be used in the implementation of an urban renewal plan. The Authority is authorized to provide both financial assistance and improvements in partnership with property owners and other affected parties in order to accomplish the objectives stated herein. Public - private partnerships and other forms of cooperative development, including Cooperation Agreements, will be essential to the Authority's strategy for preventing the spread of blight and eliminating existing • Bighorn Urban Renewal Plan blighting conditions. Without limitation, undertakings and activities of the Authority in the furtherance of this Plan as described as follows. 6.1 Undertakings and Activities to Remedy Blight As described in Section 4.0 of this Plan, five qualifying conditions of blight were identified in the Study Area of which this Urban Renewal Plan Area is a part. Implementation of this Plan by providing urban renewal resources for public and private improvements will remedy many of the following conditions: b. Predominance of defective or inadequate street layout — OBSERVED The site survey determined that perimeter access to the Study area is very poor and there are no permanent public streets or rights -of -way. The Study Area can only be accessed from two locations: a temporary drilling access road on the south and a ranch pasture gate on the north. Otherwise, the site is enclosed by continuous fencing without access points. Urban renewal tools and resources can help finance development that provides improved access to and within the Area. d. Unsanitary or unsafe conditions — OBSERVED The site survey and additional research noted the presence of abandoned well locations on the site and active drilling are unsafe conditions within the Study Area. As a safety and security precaution, the drilling pad is fenced and managed by a security guard to limit access. It is not clear what safety and security measures will be imposed after drilling is completed and the wells are in the production phase. Urban renewal tools and resources that contribute to quality development will eliminate unsanitary and unsafe conditions within the Area. e. Deterioration of site or other improvements — OBSERVED Although the Study Area is not developed with streets and buildings, existing and former well sites are deteriorated. Perimeter fencing is also in degraded condition compared with other urban areas. Urban renewal tools and resources can help finance development that includes site improvements such as roads, utilities, parking areas, sidewalks, landscaping, open space, and other features. Development that includes these features will improve the Area. f. Unusual topography or inadequate public improvements or utilities — OBSERVED Inadequate public improvements and utilities were observed throughout the Study Area due to the undeveloped state. Water, sewer, natural gas, and electric power do not yet reach the 8 Bighorn Urban Renewal Plan Study Area, which has not been annexed to a sanitation district. The South Platte Supply I Canal crosses the southern and eastern parts of the Study Area and is a significant obstacle to development. Urban renewal tools and resources can help finance development that provides right-of-way and other public land dedications. They can also be used to finance and construct physical improvements to public streets, utilities, and parks. Urban renewal tools and resources may also support mitigation measures to reduce the impact of the existing irrigation canal crossing the Area. g. Defective or unusual conditions of title rendering the title nonmarketable — OBSERVED The Special Use Permit (SUP) approved in 2018 by the Town of Firestone prescribes conditions related to drilling 19 oil and gas wells in the south portion of the Study Area. Features of the SUP include drilling equipment, tanks, fencing, parking areas, and access roads. The SUP and the conditions that it imposes on property within the Study Area are legal limitations that will make it difficult to market and/or develop property within the Study Area. In addition, existing oil and gas wells, even if they were plugged, will impose limitations on how the property in the Study Area can be developed. The South Platte Supply Canal easement also makes that portion of the Study Area non -developable. Urban renewal tools and resources can be used to address issues related to the irrigation canal easement as well as finance and construct measures to mitigate the impacts of the oil and gas wells within the Area. Therefore, conditions of title may make portions of the Study nonmarketable for development. 6.2 !Project Development Plan The primary goal of this Plan is to eliminate the current conditions of blight in the Area and prevent those conditions from reoccurring. Recognizing that oil and gas wells are the initial activity planned for the Area, ultimate development is residential housing planned around decommissioned or operating oil and gas wells primarily located in the southern part of the site. This can be accomplished through careful site planning that provides ample open space and other natural buffers where oil and gas wells are located. However, the Authority is authorized to approve any uses for the Area that eliminate blight and are consistent with the Comprehensive Plan and applicable zoning, including, without limitation, mixed use development, including residential, commercial, industrial, and public uses. 6.3 Complete Public Improvements and Facilities The Authority may undertake certain actions to make the Area more attractive for private investment. The Authority may, or may cause others, including, without limitation, one or more Districts to install, construct, and reconstruct any public improvements, including, without limitation, parking facilities. The Authority may, or may cause others to, demolish and clear buildings.and existing improvements for the . purpose of promoting the objectives of the Plan and the Act. Additionally, the Authority may, or may • Bighorn Urban Renewal Plan cause others to install construct and reconstruct an other authorized improvements, including, y p g, without limitation, other authorized undertakings, or improvements for the purpose of promoting the objectives of this Plan and the Act. 6.4 Plan Modification The Authority may propose, and the Town Board may make, modifications to this Plan as may be necessary; provided, however, any modification of the Plan shall (a) comply with the provisions of the Act, including §31-25-107(7); (b) not impair Bonds or the ability of the Authority to pay any outstanding Bonds, including any reimbursement obligations of the Authority; or (c) not impair the ability of the Authority or any party to any then -existing agreement to fully perform their respective covenants and duties under any such agreement. The Authority may, in specific cases, allow non -substantive variations from the provisions of this Plan if it determines that a literal enforcement or application of the provision would constitute an unre2sonable limitation beyond the intent and purpose stated herein, but not substantial modifications. In the future, all or a portion of the property in the Area may be included into metropolitan districts or other existing districts or future taxing bodies. Such inclusion is not a substantial modification of this Plan and the Authority anticipates negotiating cooperation or tax sharing agreements with the Taxing Bodies at that time. 6.5 Provide Relocation Assistance While it is not anticipated as of the date of this Plan that acquisition of real property will result in the relocation of any individuals, families, or business concerns; if such relocation becomes necessary, the Authority will adopt a relocation plan as necessary to comply with applicable provisions of the Act. 6.6 Demolish, Clear and Prepare Improvements The Authority is authorized to demolish or cooperate with others to clear buildings, structures and other improvements within the Area in an effort to advance projects deemed consistent with the vision stated herein. Such demolition or site clearance is necessary to eliminate unhealthy, unsanitary, and unsafe conditions; eliminate obsclete uses deemed detrimental to the public welfare; remove and prevent the spread of blight; and facilitate redevelopment of the Area by private enterprise. 6.7 Acquire and Dispose of Property It is not expected that the Authority will be required to acquire property to carry out the Project. However, if the Authority determines such acquisition is necessary, it is authorized to acquire any such property by negotiation or any other method, including eminent domain. Properties acquired by the Authority may be temporarily operated, managed and maintained by the Authority if requested to do so by the acquiring entity and deemed in the best interest of the Urban Renewal Project and the Plan. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment. 10 Bighorn Urban Renewal Plan The Authoritymay sell lease or otherwise transfer real property or an interest in real property subject Y � p p Y Y P p Y 1 to covenants, conditions, and restrictions, including architectural and design controls, time restrictions on development, and building requirements in accordance with the Act and this Plan. 6.8 Enter into Redevelopment / Development Agreements The Authority may enter into Redevelopment / Development Agreements or other contracts with developer(s) or property owners or such other individuals or entities determined to be necessary to carry out the purposes of this Plan, including the pledge by the Authority of Available Property Tax Increment Revenues to pay eligible costs pursuant to the Act or any other applicable law. Further, such Redevelopment/ Development Agreements, or other contracts, may contain terms, provisions, activities, and undertakings contemplated by this Plan and the Act. Any existing agreements between the Town and private parties that are consistent with this Plan are intended to remain in full force and effect, unless all parties to such agreements agree otherwise. 6.9 Enter Into Cooperation Agreements The Authority is authorized to enter into such Cooperation Agreements as may be required by the Act, including tax sharing agreements. The Authority may also use the mediation and other provisions of the Act when necessary to provide adequate financing to carry out this Plan. This paragraph shall not be construed to require any particular form of cooperation. • 6.10 Other Project Undertakings and Activities Other Project undertakings and activities deemed necessary by the Authority to carry out the Plan may be undertaken and performed by the Authority or pursuant to agreements with other parties or public bodies in accordance with the authorization of the Act and any applicable law or laws. 7.0 Project Financing The Authority is authorized to finance the Project by any method authorized by the Act or any other applicable law, including without limitation, appropriations, loans or advances from the Town; federal loans and grants; state loans and grants; interest income; pay as you go arrangements; annual appropriation agreements; agreements with public and private parties or entities including, without limitation, Districts; issuance of Bonds; sale of securities; Tax Increment Financing (including property tax increments); loans, advances and grants from any other available source. Any financing method legally available to the Town, the Authority, any private developer, redeveloper or owner may be used to finance in whole or in part any lawful cost or financial obligation, including without limitation, the cost of public improvements described, authorized or anticipated in the Act or Plan or in any manner related or incidental to the redevelopment of the Area. Such methods may be combined to finance all or any part of the Project. Any financing method authorized by the Plan or by any applicable law, including without limitation, the Act, may be used to pay the principal of and interest on and to establish reserves for Bonds and all forms of indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Authority or the Town to finance the Project in whole or in part. • 11 �Q. 0 Bighorn Urban Renewal Plan The Authority is authorized to issue Bonds ds in amounts sufficient to finance all or part of the Project. The Authority is authorized to borrow funds and to create indebtedness in carrying out this Plan. The principal, interest and any premiums due on or in connection with such indebtedness may be paid from Tax Increment Financing revenue or any other funds available to the Authority. The Project may be financed by the Authority pursuant to the Tax Increment Financing provisions of the Act. Property taxes levied after the effective date of the approval of this Plan upon taxable property in the Area each year by or for the benefit of each specific public body that levies Property Taxes in the Urban Area on taxable property in the Urban Renewal Area, shall be divided for a period not to exceed twenty-five (25) years after the effective date of this allocation provision, as follows: 7.1 Base Valuation Revenues That portion of the taxes which are produced by the levy at the rate fixed each year by or for each such specific public body upon the valuation for assessment of taxable property in the Area last certified prior to the effective date of approval of the Plan or, as to an area later added to the Area, the effective date of the modification of the Plan. 7.2 Increment Valuation Revenues That portion of said property taxes in excess of the base amount of property taxes paid into the funds of each such public body as provided above must be allocated to and, when collected, paid into a special fund of the authority to pay the principal of, the interest on, and any premiums due in connection with the Bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, the Urban Renewal Project, or to make payments under an agreement executed pursuant to §31-25-107 of the Act. Unless and until the total valuation for assessment of the taxable property in the Urban Renewal Area exceeds the base valuation for assessment of the taxable property in the Urban Renewal Area, as provided above, all of the taxes levied upon the taxable property in the Urban Renewal Area must be paid into the funds of the respective public bodies. When such Bonds, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property in the Urban Renewal Area must be paid into the funds of the respective public bodies, and all moneys remaining in the special fund that have not previously been rebated and that originated as property tax increment generated based on the mill levy of a taxing body, other than the municipality, within the boundaries of the Urban Renewal Area must be repaid to each taxing body based on the pro rata share of the prior year's property tax increment attributable to each taxing body's current mill levy in which property taxes were divided pursuant to provision. Any moneys remaining in the special fund not generated by property tax increment are excluded from any such repayment requirement. Notwithstanding any other provision of law, revenues excluded by §31-25- 107(9) (a) (II) of the Act are not intended to be included in Available Property Tax Increment Revenues. 12 Bighorn Urban Renewal Plan • Available Property Tax Increment Revenues shall be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such Bonds, including any loans, advances and other indebtedness incurred by the Authority to finance the Urban Renewal Project, but excluding any offsets collected by the County Treasurer for return of overpayments or any reserve funds reserved by the Authority for such purposes in accordance with §31-25- 107(9)(a)(111) and (b) of the Act, and also excluding a reasonable amount each year as determined by the Authority for payment of maintenance and operating expenses associated with administering the Plan, carrying out the Urban Renewal Project, and maintaining the existence of the Authority. The Available Property Tax Increment Revenues (as described and defined in this Plan) are immediately subject to the lien provided by the provisions of §11-57-208, C.R.S., effective as of the date this Plan is approved by the Town Board of Trustees. Such pledge is necessary and required for the benefit of the Authority and private enterprise to carry the Urban Renewal Project in accordance with the requirements of §31-25-107(4)(g) of the Act. Such Available Property Tax Increment Revenues are and shall be subject to the lien of such pledge for the Duration of the Project without any physical delivery, filing, or further act. The creation, perfection, enforcement and priority of the pledge of the Available Property Tax Increment Revenues as provided herein shall be governed by §11-57-208, C.R.S. The lien of such pledge on the Available Property Tax Increment Revenues shall have priority over any and all other obligations and liabilities of the Authority with respect to the Available Property Tax Increment Revenues. 0 8.0 Severability • If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan. 13 Bighorn Urban Renewal Plan • Appendix Appendix A: Bighorn Urban Renewal Area Legal Description and Map • • 14 • 0 Bighorn Urban Renewal Plan Firestone Big Horn Urban Renewal Area BEING A PART OF SECTION 17, T2N, R67W OF THE 6"' P.M., DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF SAID SECTION 17, THENCE 5 89'52'35" W, 330,00 FEET ALONG THE NORTH LINE OF SAID SECTION 17 TO A POINT; THENCE S 02'09'00" W A DISTANCE OF 30.02 FEET TO THE NORTHWEST CORNER OF THATTRACTOF LAND, AND THE TRUE POINT OF BEGINNING: THENCE 5 02'09'00" W, 1359.91 FEET TO A POINT; THENCE N 32'06'00" E, 182.82 FEET TO A POINT; THENCE N 49'05'1D" E, 95.06 FEET TO A POINT, THENCE N 56°44'35" E, 104.76 FEET TO A POINT; THENCE N 68°47'40" E, 58.42 FEET TO A POINT 30 FEET WEST OF THE EAST LINE OF THE NORTHEAST Y. OF SAID SECTION 17; THENCE S 02'09'00" W,1544.15 FEET ALONG A LINE 30 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE NORTHEAST X OF SAID SECTION 17 TO A POINT; THENCE S 01'50'35" W,1921.15 FEET ALONG A LINE 30 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SECTION 17 TO A POINT; THENCE S 22'48'07" W, 81.53 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 199.62 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENT, SAID ARC HAVING A RADIUS OF 165.00 FEET, A DELTA ANGLE OF 69°19'00" AND BEING SUBTENDED BY A CHORD THAT BEARS S 57'27'37" W, 187.66 FEET; THENCE N 87'52'S3" W, 395.81 FEET TO A POINT, THENCE N 75"49'03" W,153.75 FEET TO A POINT; THENCE S 00'09'57" W 574.76 FEET TO A POINT 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST % OF SAID SECTION 17; THENCE S 89'25'57" W, 612.03 FEET ALONG A LINE 30 FEET NORTH OF AND PARALLEL THE SOUTH LINE OF THE SOUTHEAST Y. SAID SECTION 17 TO A POINT; THENCE N 00'34'03" W, 633.60 FEET TO A POINT; THENCE N89'25'57" E, 105.00 FEETTOA POINT, THENCE N 00°34'03" W, 660.00 FEETTO A NO.4 REBAR WITH AN ALUMINUM CAP STAMPED LS 2149; THENCE CONTINUING N 00'34'03" W, 325.07 FEET TO A NO.5 REBAR WITH A PLASTIC CAP STAMPED PLS 22576; THENCE S 89'25'57" W, 670.00 FEET TO A NO.5 REBAR WITH A PLASTIC CAP STAMPED PLS 22576; THENCE N 00'34'03" W, 99.75 FEET TO A NO.4 REBAR WITH AN ALUMINUM CAP STAMPED LS 2149 AT A POINT OF CURVE TO THE LEFT; 15 • • Bighorn Urban Renewal Plan THENCE 670.45 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 750.00 FEET, A DELTA ANGLE OF 51'13'08" AND BEING SUBTENDED BY A CHORD THAT BEARS N 26'10'37" W, 648.35 FEETTO A POINT; THENCE N 51'47'11" W, 118.29 FEETTO A POINT; THENCE N 38°12'49" E 645.98 FEET TO A POINT; THENCE N 51°47'11" W, 485.34 FEET TO A POINT; THENCE N 71'19'37" W 212.22 FEET TO A POINT; THENCE N 00'52'00" W, 707.88 FEET TO A POINT; THENCE S 89°08'00" W, 155.32 FEET TO A POINT; THENCE N 00'52'00" W, 646.77 FEETTO A POINT; THENCE S89'53'00" W, 44.96 FEET TO A POINT; THENCE N 00"07'00" W, 255.00 FEETTO A POINT OF CURVE TO THE LEFT; THENCE 110.72 FEET ALONG THE ARC OF A NON -TANGENTIAL CURVE TO A POINT OF REVERSE CURVE, SAID ARC HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 128'52.11" AND BEING SUBTENDED BY A CHORD THAT BEARS N 26'26'54" E, 89.44 FEET; THENCE 32.18 FEET ALONG THE ARC OF SAID REVERSE CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 36°52'11" AND BEING SUBTENDED BY A CHORD THAT BEARS N 18*33'06" W, 31.62 FEET TO A POINT; THENCE N 00'07'00" W, 265.00 FEETTO A POINT 30 FEET SOUTH OF THE NORTH LINE OF THE NW OF SAID SECTION 17; THENCE N 89°53'00" E, 148,15 FEET ALONG A LINE 30 FEET SOUTH AND PARALLEL THE NORTH LINE OF THE NW Y. OF SAID SECTION 17 TO POINT 30 FEET SOUTH OF THE NORTH Y. CORNER OF SAID SECTION 17; THENCE N 89'52'35" E, 2395.38 FEET ALONG A LINE 30 FEET SOUTH AND PARALLEL TO THE NORTH LINE OF THE NORTHEAST Y.OF SAID SECTION 17 TO THE TRUE POINT OF BEGINNING. SAID PARCEL HAVING AN AREA = 235.43 ACRES, MORE OR LESS. 16 W 0 0 V SEC t8 IV Ff ��� ���ou �Y■� k� 4 I I SEC 19 MEN ft iF# vp Nn �� n P ¢ S ism Ix kc 20 SCC�21 EXHIBIT B FIRESTONE BIG HORN URBAN RENEWAL AREA AMC 20M A PIa4N A N w-4H r� TIQS EMST 15 NOT A WHEY, Ali IbfxTS-aF-.4 . WT MLS ANO RtOfF3iTT BGMO/1�5 NE SNOSM FQI 6FFE6pICE ONLY. ®FU RA N �� M4�N-kiln Nli 0 0 Bighorn Urban Renewal Plan [This page intentionally left blank] 18 • Bighorn Urban Renewal Plan Appendix B: Excerpts from 2013 Firestone Master Plan Town of Firestone Master Plan, adopted 2013 (excerpts taken verbatim, but formatted for clarity). Policies summarized here are relevant to the proposal Urban Renewal Area. 12.0 LAND USE 12.1 Community Character Elements Firestone has a character unique to the region. A variety of elements work together to create the Firestone community, including the following: • A transportation system that is properly designed and constructed to meet the current needs of the existing traffic volumes. • A comprehensive and unified parks and trails system. Firestone is a pedestrian and non - motorized connected community, where one can walk to work, home or service centers on a comfortable and convenient trail system. • Effective and efficient public safety and security. Without public safety, Firestone citizens and employees cannot be free to enjoy the benefits of their community. • "Four-sided" architecture is required along major streets and visual corridors. • A "world class" Central Park campus that inspires national and international recognition as a Civic, Cultural and Community Center. • Superior recreational facilities, including the Firestone Regional Sports Complex. • A balanced approach to a blend of housing and commercial opportunities. • An equal number of available jobs to employable citizens. • A focus on a comprehensive "cradle" to "grave" land use and community system where all components of the life cycle are considered and accommodated. • A community where the freedom to worship is fully embraced. • A specific focus on the senior segments of the Firestone community, to assure these residents are appropriately considered in land use and community decisions. If optimized, the senior population can bestow valuable leadership and wisdom that comes from experience of time. • Proper transition and integration between different types of land uses. • Convenient access to a wide variety of retail goods and services. • Downcast lighting and strategies to effectively preserve the "night sky." • Low, but appropriate, taxes. • Stable political leadership. • A tangible and inspired sense of community. is 12.2 Employment and Office Employment and Office land use areas provide for office and light industrial uses where primary emplo,iment opportunities exist. 19 • Bighorn Urban Renewal Plan 12.3 Commercial and Office Commercial land use areas provide for retail commercial and office areas. These land uses are located along key arterial streets and the intersections of key arterial streets. Regional commercial and office land uses are generally located near 1-25. 12.4 Residential Low Residential low -density land use areas are generally located in the central and eastern portions of the MPA. Residential Low provides for only single-family residential uses or clustered multi -family land uses. 12.5 Residential Medium Residential Medium land use areas provide for single family or single-family attached land uses, including duplexes and town homes, but excluding condominiums and apartments unless they are clustered. These use areas are generally located in and along arterial streets and at or near key intersections. 0 12.6 Residential High • Like Residential Medium land use areas, Residential High land use areas provide for higher density town homes, condominiums, and apartments. These land use areas are generally located in and along arterial streets and at or near key intersections. 12.7 Mixed Use Mixed -Use land use areas provide fora potential mix of all land uses, except for very low -density single family residential. To the extent possible, based on. ownership boundaries, Mixed Use areas should be master planned as one comprehensive project to assure compatibility and the appropriate balance of the various intended uses. The larger Mixed Use areas should provide for a significant portion of the area dedicated to retail commercial, office or employment uses. These Mixed Use areas can on a local scale accommodate the concepts of "new urbanism" providing places where people can live, work, recreate and shop for goods and services. The Mixed Use areas along Locust Street, SH-66 and Road 7 may vary somewhat in size and shape to accommodate market needs. Mixed Use areas may accommodate residential land uses located above retail -commercial uses if proper compatibility can be assured. 20 • Bighorn Urban Renewal Plan 12.8 Parks, Trails, Open Space, and Recreation One of the key features of the Firestone Parks and Trails system is the Firestone Trail, which is an integral part of the Colorado Front Range Trail system. This approximately 9 mile long trail is generally shown in Figure 17. Firestone sold its ownership in the trail south of SH-52 to the City of Dacono, to enable Dacono to annex it and coordinate trail development. Since acquisition by the Town in 1997, numerous improvements to the Firestone Trail have been installed by the Town. Over half of the entire length of the Firestone Trail within the Urban Growth Boundary has been paved with a 10-foot wide concrete trail. It is planned that the area outside of the Town Boundary, the Firestone Trail will be maintained in a dirt or crusher fines surface. 12.9 Community Separators Community Separators are areas intended for non -urban development. Agricultural farming and . ranching uses are encouraged in these areas, except for large scale dairy farming and poultry operations, which are considered too intense to be compatible with the urban development. The Town shoulc continue to work with local governments and private individuals and groups to develop detailed acquisition strategies and implementation plans to potentially acquire development rights and conservation easements in these areas. 12.10 Educational Facilities The St. Wain Valley School District and the Weld RE-1 School District prepare a facilities plan for their respective areas of the MPA. Based on average residential densities, approximately one elementary school is required for each section. A high school site is planned for the Central Park property as described in Section 12.11. 12.11 Central Park and Other Public Facilities The Firestone Board of Trustees, Planning Commission, and Parks, Trails and Recreation Advisory Board have worked diligently with public input to refine the overall master plan for Firestone's 272-acre Central Park, which was acquired by the Town in 2005. Central Park has been planned to be a world - class campus that inspires national and international recognition as a civic, cultural and community center. An Amended Preliminary Development Plan for the Park was approved in 2009. Specific focus has been on architectural styles and themes for building and park amenities. 12.12 Historic Firestone and "The Loop" The extension of McClure Street to Colorado Boulevard is a high priority. This extension is critical to the • develohpment of "The Loop". By having access to Colorado Boulevard from both McClure Street and 21 • Bighorn Urban Renewal Plan Grant Avenue a "loop" opportunity is created, which will help revitalize and restore this mixed -use area of historic Firestone back to a quaint residential, commercial and office area as it was originally established. 12.13 Community Support Facilities The Firestone Development Regulations provide the opportunity for community support facilities, such as religious institutions or cemeteries, in almost all land use categories. The Town encourages the preservation of property for such purposes in larger scale developments. Because of their overall need and benefit to the community, senior housing developments have the potential to be located in all land uses areas, except those designated for open space and parks. Such developments would need to be appropriately screened and buffered from adjoining land uses to assure compatibility. Furthermore, any such proposal would be subject to the Town's Land Development Regulations and the stated conditions and standards of approval. 12.14 Conditional, Special, Temporary, and Accessory Land Uses The Firestone Development Regulations and Municipal Code provide information regarding Conditional, Special, Temporary, and Accessory Land Uses. For applications that require formal processing and action by the Town Board of Trustees, specific submittal requirements and processing information is specified in the Regulations or the Code. Information about these uses as they relate to a specific property is often described in a development plan recorded with the Weld County Clerk and Recorder. 12.15 Firestone Master Plan Map The Firestone Master Plan Map shows both the MPA and the UGA, as well as other Master Plan components. Specifically; the Master Plan Map shows all different types of land uses and the key arterial transportation corridors that serve them. Major park and trail improvements are also shown. Certain areas outside of the UGB, which are not annexed or shown as within the existing limits of Weld County's RUA, are shown as Community Separator areas. 22 . RESOLUTION NO. 19-109 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING AND APPROVING A MASTER USE AGREEMENT AND SUPPLEMENTAL SITE LICENSE AGREEMENT WITH UNITE PRIVATE NETWORKS REGARDING THE INSTALLATION AND OPERATION OF A FIBER OPTIC NETWORK AND RELATED EQUIPMENT IN TOWN CONTROLLED RIGHTS OF WAY WHEREAS, Unite Private Networks ("UPN") is authorized to operate as a telecommunications provider by the Colorado Public Utilities Commission; and WHEREAS, UPN has submitted plans to install a fiber optic network, which includes fiber optic lines and related equipment, in various locations within the Town's Rights of Way; and WHEREAS, the Town and UPN wish to define the terms of the use of Town right-of-way for the purposes of installation and operation of a fiber optic utility (the "Master Use Agreement"); and WHEREAS, the Use Agreement requires UPN to obtain a supplemental site license from the Town for each public right-of-way segment in which UPN desires to locate, construct, operate, • control and maintain its fiber optic network equipment before commencing construction of such network equipment at that particular right-of-way location (the "Supplemental Site License"); and WHEREAS, UPN and the Town wish to define the terms of UPN's license to construct, install and operate its fiber optic network equipment, as well as the terms of any potential, future collaboration with UPN to install Town -owned shadow fiber optic conduit and related equipment in each segment of the public right-of-way in which UPN installs its network equipment and the future use of such shadow fiber optic infrastructure as part of a new communication infrastructure, including reimbursement; and WHEREAS, the attached Master Use Agreement and Supplemental Site License Agreement clearly define the rights and responsibilities of the parties in relation to UPN's construction and use of its own fiber optic network equipment, UPN's construction of any proposed, future fiber optic infrastructure to be owned by the Town, reimbursement to UPN for work performed in support of such a project, and the Town's ownership and use of the fiber optic infrastructure upon completion of such a project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section.1. The Master Use Agreement between the Town of Firestone and Unite Private _Networks, in a form substantially similar to the form attached hereto as Exhibit A, is hereby • approved. • • 0 Section 2. The Supplemental Site License Agreement between the Town of Firestone and Unite Private Networks, in a form substantially similar to the form attached hereto as Exhibit B, is hereby approved. Section 3. The Mayor is authorized to sign the Master Use Agreement on behalf of the Town. Section 4. The Town Manager is hereby authorized to execute the Supplemental Site License Agreement on behalf of the Town, to the extent consistent with the Town Manager's spending authority. Section S. The Town Manager, or his designee, is authorized to hereafter amend the terms and conditions of the Supplemental Site License Agreement in conjunction with future planned fiber optic network equipment installations in Town -controlled right-of-way by Unite Private Networks. INTRODUCED, READ AND ADOPTED this 1 lth day of December, 2019. ATTES n : Lisa Bartley, Acting T n Clerk APPROVED AS TO FORM: William. Hayashi, Town Attorney TOWN OF FIRESTONE, COLOR -ADO �0 W , I & Pal B bi Sin e ar, ayor • RESOLUTION 19-110 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, -COLORADO, APPROVING AN AGREEMENT WITH SEACHANGE WHOSE FIRM SPECIALIZES IN MUNICIPAL ELECTION PRINTING & MAILING SERVICES WHEREAS, the Town of Firestone is in need of printing and mailing services for the 2020 Municipal Election. WHEREAS, SeaChange has the professional skill and experience to provide printing and mailing services to the Town of Firestone to satisfy the needs of this service for the 2020 Municipal Election and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and SeaChange for printing and mailing services for the 2020 Municipal Election 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 11 th day of December, 2019. FIRE5T0 rowN� TOWN OF FIRESTONE, COLORADO m • �� tTow &Pcev a: '0 O ti ; UAbi Sin , Mayor oG�TY ATTEST: �� exu%�'�� Lisa Bartley, Acting wn Clerk APPROV FORM: Wi iam ayas i, own Attorney 0 . SEACHANGE PRINTING AND MARKETING SERVICES, LLC BALLOT MANAGEMENT SERVICES BALLOT PRINTING, ABSENTEENOTE BY MAIL SERVICES AGREEMENT 2020 Municipal Election Printing & Mailing Services • This Agreement is made as of the date it is executed by the last of the parties named below (the "Effective Date"), BETWEEN: SeaChange Printing and Marketing Services, LLC ("SeaChange"); AND: Town of Firestone, CO ("Customer'). RECITALS: A. SeaChange is a provider of ballot printing, mailing and related services to government and other entities and Customer has agreed to engage the services of SeaChange for the purpose of SeaChange providing its ballot printing and/or Absentee/Vote by Mail processing mailing and related services to the Customer in the Town of Fireside, Colorado (the "Jurisdiction"). The terms and conditions under which such services shall be provided are set forth in the GENERAL TERMS attached hereto. B.; The following Exhibits are incorporated into, and constitute an integral part of, this Agreement (check all that apply): X� Exhibit A (Absentee/Vote by Mail Services Pricing Summary) _X_ Exhibit B (SeaChange Absentee Ballot Processing and Mailing Services) NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of the parties hereto: • Agrees to the GENERAL TERMS and the terms and conditions set forth in each Exhibit attached hereto and incorporated herein. • Agrees that at all times, this Agreement shall be governed by and construed in accordance with =.he laws of the State of Nebraska, without regard to conflicts of law principles that would require the application of the laws of any other state. • Represents and warrants to the other party that as of the date of its signature below it has full power and authority to enter into and perform this Agreement, and that the person signing below on its behalf has been properly authorized to execute this Agreement. • Acknowledges that it has read this Agreement, understands it and intends to be bound by it. SeaChaue Printing & Marketing Services, LLC 14505 27t Avenue N Plymouth, Minnesota 55447 Fax No. (763) 586-3736 Signature Patelcia' Barriu" Name (Printed or Typed) CFO Title h- Date Town of Firestone 151 Grant Avenue PO Box 100 Firestone, CO 80520 F x No.. �lJ�d'I V1 64-ature act*; !fknd1 Name (Printed or Typed) 0 "Dy Title Date E GENERAL TERMS ARTICLE 1 BALLOTMANAGEMENT SERVICES AND ASSOCIATED FEES 1.1 ballot Println and AbsenteeNote .W Mail Services. Subject to the terms and conditions of this Agreement, SeaCliangershall provide the Customer with the selected ballot printing and absentee/vote by mail services ('`8allot Services") for all Customer elections occurring during the Term of the Agreement. The specific Services provided by SeaChange and each party's obligations with respect to such services are set forth in the attached exhibits. 1.2 Ballot Pelfifing and .Absente61Vdte by Mail Services Fees. In consideration for SeaChange providing the, selected Ballot Services,. Customer shall pay SeaChange the fees set forth in Exhibits A-B for each election in which SeaChange provides the Ballot Services during the Term of the Agreement SeaChange reserves the right to adjust the Ballot Mailing Services Fees annually during the term of the Agreement in the event SeaChange experiences unforeseen increases in the cost of ballot paper, envelopes and/or ballot printer consumables. SeaChange shall notify Customer, in writing, of such price increase by providing Customer with ninety (90) days advanced written notice. 1.3 Standards. SeaChange shall perform the Ballot Services in a prompt, efficient and worker like manner, according to industry standards and the timelines agreed upon between SeaChange and the Customer. The Customer acknowledges and agrees that the performances by SeaChange of the Ballot Services are contingent upon the Customer providing SeaChange with accurate and timely information. The Customer further acknowledges and agrees that SeaChange shall not be liable for any delays or inaccuracies which are directly or indirectly related to the acts, errors or omissions by the Customer. Each party shall comply with all applicable federal and state laws, regulations, rules and ordinances in performing their respective obligations hereunder. 1.4 Disclaimer of Warranties. SeaChange EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHICH ARE NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTICLE 2 MICELLANEOUS 2.1 Term; Termtnation. This Agreement shall be effective for a two (2) year period beginning on the Effective Date (the "Initial Term"). The Initial Term shall automatically renew for an unlimited number of successive one year period unless otherwise agreed to, in writing, by the parties (each a "Renewal Period'). The Initial Term and all Renewal Periods shall be collectively referred to herein as the "Term". The Term shall continue until this Agreement is terminated by the first to occur of the following (1) either party's election to terminate it upon the expiration of the Initial Term or any Renewal Period thereof, written notice of such election shall be given to the other party at least sixty (60) calendar days prior to the expiration of the initial Term or any Renewal Period; (ii) the date which is thirty (30) days after either party notifies the other that it has materially breached this Agreement, if the breaching party fails to cure such breach (except a breach as provided in (iii) below which will require no notice); (iii) Customer's failure to make any payment due hereunder within thirty (30) days after it is due or (iv) in the event that funds are not appropriated or otherwise made available to support the continuation of performance by Customer hereunder in any fiscal period; provided that this subsection 2.1(iv) shall not be construed so as to permit Customer to terminate this Agreement in order to acquire Ballot Services from a third party. In the event of early termination by SeaChange due to (a) a breach of this Agreement by Customer, (b) Customer's failure to pay any amounts owed under this Agreement or (c) the failure of Customer to appropriate funds to make the payments due under this Agreement, Customer shall pay SeaChange for all services performed and fees earned up through the date of termination. 0 . 2.2 Limitation Of Uatrilit . Neither party shall be liable for any indirect, incidental, punitive, exemplary, spe'ial,or consequential damages of any kindwhatsoever arising out of or relating to this Agreement, Neither party shall be liable for the rty other pa's negllgent•or willful misconduct. SeaChange' total liability to Customer arising out of or relating to this Agreement shall not exceed the aggregate amount actually paid to SeaChange hereunder. Any action by Customer against SeaChange must be commenced within one (1) year after the cause of action has accrued. By entering into this Agreement, Customer agrees to accept responsibility for (a) the selection of the SeaChange Ballot Services to achieve Customer's intended results; (b) the selection of, use of and results obtained from any equipment, software or services not provided by SeaChange; or (c) Customer errors, included errors in Customer data provided to SeaChange, user errors, voter errors or problems encountered by any individual in the election process that are not otherwise a result of the failure of SeaChange to perform its obligations under this Agreement, 2.3 Takes: Interest. Customer shall provide SeaChange with proof of its tax-exempt status. If Customer does not provide such proof, it shall pay, or shall reimburse SeaChange for, all sales and use, excise or other similar taxes imposed on the transactions contemplated by this Agreement; provided, however, Customer shall in no event be liable for taxes imposed on or measured by SeaChange' income, If Customer disputes the applicability of any tax to be paid pursuant to this Section 2.3, it shall pay the tax and may thereafter seek a refund. Any disputed or undisputed payment not paid by Customer to SeaChange when due shall bear interest from the due date at a rate equal to the lesser of one and one- half percent (1.5%) per month or the maximum amount permitted by applicable law for each month or portion thereof during whi.h it remains unpaid. 2.4 indornhifidafion. To the fullest extent permitted under applicable law, Customer shall indemnify and hold harmless SeaChange from and against any and all claims, damages, amounts paid in settlement and reasonable fees and costs (including reasonable attorneys' fees) (collectively "Adverse Consequences") arising out of or relating to the following: a. Any claim that any of the SeaChange equipment or SeaChange software infringes upon any third party's copyright, trademark or patent existing as of the date hereof (a "Third Party Infringement Claim") resulting from (i) Customer's failure to timely or properly install and use any update provided to it by SeaChange; (ii) the use of any SeaChange equipment or SeaChange software in combination with other equipment, hardware or software not meeting SeaChange' specifications for use with such SeaChange equipment or SeaChange software; or (iii) Customer's modification or alteration of any item of SeaChange equipment or SeaChange software without the prior written consent of SeaChange; b. Any claims by third parties arising out of or relating to the use or misuse by Customer, its employees and any other persons under its authority or control ("Customer's Representatives") of any third party items; and C. Personal injury (including death) or property damage that is caused by any negligent or willful act, error or omission of one or more of Customer's Representatives. SeaChange shall notify Customer immediately if it becomes aware of any claim for which it may be entitled to indemnification under this Section 2.4, and hereby gives Customer full and complete authority, and shall provide such information and assistance as is necessary (at Customer's expense with respect to reasonable out-of-pocket costs), to enable Customer to defend, compromise or settle any such claim. 2.5 Excu§abI6 Nonperformance. Except for obligations to make payments hereunder, if either party is delayed or prevented from performing its obligations under this Agreement as a result of any cause beyond its reasonable control, including acts of God, fire, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. SeaChange agrees to work with Customer, at Customer's request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay, -0 • 2.6 Assi ng, meht. Except in the case of a sale, transfer or assignment of all or substantially all of the assets of SeaChange to a successor who has asserted its intent to continue the business of SeaChange, neither party may assign or transfer this Agreement or assign, subcontract or delegate any of its rights, duties or obligations hereunder without the prior written consent of the other party hereto, such consent not to be unreasonably withheld or conditioned, nor unduly delayed. SeaChange may assign its right to receive payments under this Agreement to such third party(les) as SeaChange may desire without the prior consent of Customer, provided that SeaChange provides written notice (including evidence of such assignment) to Customer thirty (30) days in advance of any payment(s) so assigned. 2.7 Entire Agreeinerit. This Agreement, including all exhibits hereto, shall be binding upon and inure to the benefit of the parties and their respective representatives, successors and assigns. This Agreement, including all Exhibits hereto, contains the entire agreement of the parties with respect to the subject matter hereof and shall supersede and replace any and all other prior or contemporaneous discussions, negotiations, agreements or understandings between the parties, whether written or oral, regarding the subject matter hereof. Any provision of any purchase order, form or other agreement which conflicts with or is in addition to the provisions of this Agreement shall be of no force or effect. In the event of any conflict between a provision contained in an Exhibit to this Agreement and these General Terms, the provision contained in the Exhibit shall control. No waiver, amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No consent by either party to, or waiver of, a breach by either party shall constitute a consent to or waiver of any other different or subsequent breach by either party, This Agreement shall be governed by and construed in accordance with the laws of the State in which the Customer resides, without regard to its conflicts of laws principles. The parties agree that venue for any dispute or cause of action arising out of or related to this Agreement shall be in the state and federal courts of the United States located in the State in which the Customer resides. SeaChange is providing Equipment, Software and services to Customer as an independent contractor, and shall not be deemed to be a "state actor" for purposes of 42 U.S.C. § 1983. SeaChange may engage subcontractors to provide certain of the Equipment, Software or services, but shall remain fully responsible for such performance. is The provisions of section 1.4 and sections 2.2-2.9 of these General Terms shall survive the termination of this Agreement, to the extent applicable. 2.8 Notice. Any notice or other communication required or permitted hereunder shall be in writing, and will be deemed given when (a) delivered personally, (b) sent by confirmed email, (c) sent by confirmed fax, (d) sent by commercial overnight courier (with written verification of receipt) or (e) sent by registered or certified mail, return receipt requested, postage prepaid, when the return receipt is received. All communications shall be sent to the attention of the persons listed on the signature page to this Agreement and at the addresses, email address or fax numbers set forth on such signature page unless other names, addresses or fax numbers are provided by,either or both parties in accordance herewith. 2.9 Disputes.. a, Payment of Undisputed Amounts. In the event of a dispute between the parties regarding (1) a product or service for which payment has not yet been made to SeaChange, (2) the amount due SeaChange for any product or service, or (3) the due date of any payment, Customer shall nevertheless pay to SeaChange when due all undisputed amounts. Such payment shall not constitute a waiver by Customer or SeaChange of any of its rights and remedies against the other party. b. Remedies for Past Due Undisputed Payments.. If any undisputed payment to SeaChange is past due more than thirty (30) days, SeaChange may suspend performance under this Agreement until such amount is paid. If Customer's payment is past due for more than sixty (60) days and is undisputed, SeaChange may declare the total amount remaining due under this Agreement to be immediately due and payable. 0 • is EXHIBIT A ABSENTEE/VOTE BY MAIL MAILING SERVICES PRICING SUMMARY Fees: Descriotion Refer to Fee "Per Packet" Mailing fee 1 ballot processed - Processing of 1 page ballot, black and white, up to 18 inches in length - Outgoing envelope Domestic Mailing - Return/Carrier envelope Exhibit 8 $1.80 per ballot packet - Secrecy Sleeve (if requested) processed - One insert (B&VV) - Any additional inserts or use of color are subject to additional fees. Exhibit B UOCAVA Mailing Out of Scope of the contract "Unaddressed VBM Packet" fee 1 packet processed - An alssembied packet without addressing on the outgoing envelope. Packets are boxed & shipped to the Customer. Shipping fees are charged to Customer $1.20 per each additional - Processing of 1 page ballot, black and white, up to 18 inches unaddressed packed in length - Outgoing envelope Exhibit B (printed, folded, and inserted) - Return/Carrier envelope + Shipping Fees pp g - Secrecy envelope - Up to 2 inserts (B&W) - Any additional inserts or use of color are subject to additional fees. "Additional Ballots", includes printing, folding if requested. Exhibit B $0.36 per ballot, plus delivery "Additional Envelopes" (black and white only) Exhibit B $0.1 B per ballot, plus delivery "Additional Inserts B&W", i.e. instruction sheets folded and Exhibit B $0.15 per 8 % X 11" sheet inserted "Additional Inserts Color", i.e. instruction sheets folded and Exhibit B $0.15 per 8 % X 11" sheet inserted 2 color A $1350.00 "Election Setup Fee" if less than 2,000 ballot packets are mailed over the course of a single election cycle, we have an additional "Minimum Drop" charge of $1350.00. A $250.00 "Artwork I Ballot Revision Fee" will be charged for changes to previously approved mail packet artwork or ballot PDF's. - Changes or edits after initial setup will be charged the above rate per material type being altered (i.e. ballot, envelopes, secrecy sleeves or inserts). - No charge for statutory required envelope changes unless the change occurs on or following the 70 days before the Election Date (a.k.a "E minus 70"). "Shipping Fees" Shipping fee to be charged Fees associated with the transportation of mail packets to facility other than the based on shipping rate from SeaChange default postal insertion drop point, per selection by the Customer. courier service. "Artwork Revision Fee applies to additional mailing services when mailer requires any changes to mailing layout. 5 .7 • 0 Terms & Conditions: Note 1: A total,of 5 components can be inserted per packet. Any materials requiring color will need to be quoted. Note 2: If an election date or expiration date is used on envelopes, secrecy sleeves, or inserts, Customer -is responsible for pla6ing an order for a set amount and will purchase unused,envelo es or inserts, Note 3: Except 'as specifically;set forth on Exhibit 8, any applicable state and local taxes are not included, and are the responsibility of Customer, See Section 2.3. Premium or rush transportation services incurred in connection with the Ballot Processing Services are additive and will be billed as incurred. Note 4: Except as specifically set forth in Exhibits B, any applicable state and local taxes are not included, and are the responsibility of Customer. See Section 2.3, Premium or rush transportation services incurred in connection with the Ballot Processing Services are additive and will be billed as.incurred, Note 5: Invoicing -and PgyLmbrtt Terms are as Follows: 100% of Order Total dua Thirty (30) Calendar Days after Receipt of Corresponding SeaChange Invoice. For•VBM services, postage will be billed at the end of the election and will be a separate line item on the invoice. EXHIBIT B AbsenteeNote by Mail Processing and Mailing Services The AbsenteeNote by Mail Processing Services to be provided by SeaChange during the Term are described below. Customer acknowledges that SeaChange's fees for support services are based on the descriptions listed below, and that a change in the descriptions may require SeaChange to change the fees charged to Customer. Absentee/Vote by Mail Services SeaChange will provide the following services and functions related to the printing and mailing of absentee ballots: Mall File Preparation • Customer will provide SeaChange the Domestic absentee voter data file for mailing. Please note that UOCAVA files are not within the scope of the mailing service. . SeaChange will process absentee request file through CASS certified software in order to obtain valid Delivery Point Barcode data. • SeaChange will use DPBC data to create an Intelligent Mail Barcode in order to facilitate postal discounts and tracking of ballots during USPS transit • All files provided to SeaChange will be uploaded through the SeaChange secure FTP (SFTP) vrebsite. Ballot,FiWPreparation . Customer will provide SeaChange a PDF file containing each ballot style to be used in an election. This will be the same PDF used for Election Day and Ballot On Demand ballots. One PDF will suffice for all ballot services, • Customer will provide SeaChange with a relationship table that identifies all active ballot styles for each election and the ballot PDF that corresponds with that style. • SeaChange will crop and electronically prepare ballots for printing. • SeaChange will produce an electronic relational proof of each ballot style for purposes of customer proofing and verification. No ballots will be mailed until said relational proof has been verified and approved by Customer. SeaChange can provide L&A test decks at the prices set forth on Exhibit A. 'Mail Pi'odessiho . SeaChange will provide the outside mailing envelope, certificate envelope, outside certificate return envelope, and secrecy sleeve. * SeaChange will print a ballot(s) for each voter in the absentee request file that corresponds to that voter's ballot style in the relational table. • SeaChange will insert certificate envelope, outside certificate return envelope, secrecy sleeve, and ballot(s) into mailing envelope. • SeaChange will print the outbound voter's address onto the mailing envelope along with the intelligent mail barcode for tracking purposes. • SeaChange will print voter's return information, including voter unique barcode, onto the certificate envelope. • SeaChange will measure the thickness of each mail piece to verify the accuracy of contents in • each envelope. 7 • • • SeaChange will scan and capture an image of each outbound mail envelope to verify completion of each ballot package. '.PosidProcessing • SeaChange will process and prepare all outbound mail pieces for submission to the USPS at the lowest appropriate automation rate. • Mail volumes of greater than 200 pieces of CASS certified, non forwarded pieces will be sorted and submitted at the qualifying Non Profit, Standard Class rate • Mail volumes of less than 200 pieces of mail will be submitted at the appropriate 111 class mail rate. • Regular Outgoing Domestic Envelopes will carry the endorsement of "Return Service Requested". These envelopes will be returned to the Customer with forwarded address information attached. The USPS will charge first class postage for these pieces. • Undeliverable mail pieces will be returned to the Customerwith the reason for non -delivery. The USPS will charge first class postage for these pieces. • Outgoing envelopes will carry a "ghost permit" identifier which bears the Integrity Mail indicia. • SeaChange will produce all necessary postal documentation for mail submission and tracking. • Mail pieces will be dropped at a bulk mail acceptance unit as agreed upon with Customer, Postage and. Posl:W ' Permitt nct • Customer must request and obtain a nonprofit permit (PS Form 3624) through the USPS. • Customer must obtain permit imprint account number and request a ghost permit to allow SeaChange to mail their nonprofit pieces. • Customer will be invoiced for postage funds immediately after the election. Service Level Standards SeaChange agrees to complete ballot printing and mail processing for customer submitted files, as follows: • Initial Run for CivDom — Complete all processes and deliver mail to the USPS within seven (7) business days after receipt of Voter Registration ("VR") request file. • Initial Run for MilDom, ContMil, CivOS, and MHOS — Complete all processes and deliver mail to the USPS within three (3) business days after receipt of VR request file. • Daily Run- Complete all processes and deliver mail to the USPS the following business day after receipt of VR request file. The VR request file is to be sent to SeaChange by no later than 5:00 PM EST on a date to be designated by SeaChange. Mail Ballot.Tracking and Reporting. SeaChange will provide a license its BalloTracker system to Customer as a means to monitor and track the status of mail ballots, • Customer will be responsible for providing network connectivity if access to BalloTracker data is desired from network workstations. • Use of the BalloTracker is an extension of SeaChange' mailing service, and any software installed is made available and licensed for this use only. 11 • • n U Packet TrackingFunctiohality SeaChange will provide access to the following mailing processing information for any individual voter whose request has been received in an absentee request file: • Date and Time VR Request file was received. • Date and Time Ballot was Printed. • Description of ballot, including ballot style, number of pages and access to image of ballot PDF for that style. . Date and Time Ballot Package was mailed. • Description of ballot package, including thickness of mail piece, verification of ballot style inserted into envelope and image of outbound envelope processed. • Confirm Tracking data regarding delivery status and details of mail piece delivery during USPS transit. 9 RESOLUTION 19-111 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT WITH ELECTION SYSTEMS & SOFTWARE (ES&S) WHOSE FIRM SPECIALIZES IN MUNICIPAL ELECTION SYSTEMS SOFTWARE & SUPPORT SERVICES WHEREAS, the Town of Firestone is in need of an election system, software and support services for the 2020 Municipal Election. WHEREAS, Election Systems & Software (ES&S) has the professional skill and experience to provide printing and mailing services to the Town of Firestone to satisfy the needs of this service for the 2020 Municipal Election and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Election Systems & Support (ES&S) for election system, software and support services for the 2020 Municipal Election 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 I Ith day of December, 2019. F�R�sro •'Tp'•�..�ry T ,OWN OF IREST NE, COLORADO n; n .I till' o BAbi Sin , Mayor tiTy CO�-O ATTEST: '/Zh Lisa Bartley, Actin Town Clerk APPRO V FORM: ayashi, awn Attorney 14,1"-aA 1- -A- • • AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this 11th day of, December 2019 (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 Election Systems & Software(ES&S) an independent contractor with a principal place of business at, 11128 John Galt Boulevard Omaha NE 68137 ("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: 2020 Election Systems & Software (ES&S) Support Services. The parties acknowledge and agree that the performance of the 2020 Election Systems & Software (ES&S) Support Services shall be subject to the terms and conditions set forth herein as well as the Special Terms and Conditions set forth in Exhibit B, attached hereto and incorporated herein by this reference and known as: Special Terms and Conditions, 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. ll. 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. The period during which the services shall be provided by Contractor is from April 1, 2C20 through May 31, 2020 ('Rental Term"). 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 and fails to cure such breach after receipt of written notice from the Town and a reasonable period of time in which to cure such breach which shall in no event be less than fifteen (15) days, the Town shall have any remedy or right of set-off available at law and equity. No later than ten (10) calendar days following the termination of the Rental Term or the Agreement, Town shall release the Contractor Equipment and Contractor Software to Contractor at its own expense and in the same operation, order, repair, condition and appearance as when received, subject to normal wear and tear. In the event the Town fails to release the Contractor Equipment and Contractor Software to Contractor no later than ten (10) calendar days following the termination or expiration of the Rental Term or Agreement, Town shall pay to Contractor a late return charge in the amount of $500.00 per calendar day until the Contractor Equipment and Contractor Software is returned to Contractor in accordance herewith lll. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $.10,313.50 for the Town's„April 2020 election. 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 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 Contractor owns the Contractor Software, all Documentation and training materials provided by Contractor, the design and configuration of the Contractor Equipment and the format, layout, measurements, design and all other technical information associated with the ballots to be used with the Contractor Equipment, Town has the right to use the aforementioned items to the extent specified in this Agreement. Contractor also owns all patents, trademarks, copyrights, trade names and other proprietary or intellectual property in, or used in connection with, the aforementioned items. The aforementioned items also contain confidential and proprietary trade secrets of Contractor that are protected by law and are of substantial value to Contractor, Town shall keep the Contractor Software and related Documentation free and clear of all claims, liens and encumbrances and shall • maintain all copyright, trademark, patent or other intellectual or proprietary rights notices that are set forth on the Contractor Equipment,,the Contractor Software, the Documentation, training materials and ballots that are provided, and all permitted copies of the foregoing. Notwithstanding the foregoing, the Town shall own all materials and information provided by the Town„ 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 he, 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 ause 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. Vlll. 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. 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. § 8-17,5-1 Q2(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 Cour,ty, 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 addrass 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 unla%4ul 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 Immunit . 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,RS. § 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, Limitation Of Liability. Neither party shall be liable for any indirect, incidental, punitive, exemplary, special or consequential damages of any kind whatsoever arising out of or relating to this Agreement. Neither party shall be liable for the other party's negligent or willful misconduct. Contractor's total liability to Town arising out of or relating to this Agreement shall not exceed the aggregate amount to be paid to Contractor hereunder. By entering into this Agreement, Town agrees to accept responsibility for (a) the selection of, use of and results obtained from any equipment, software or services not provided by Contractor and used with the Contractor Equipment or Contractor Software; or (b) user errors, voter errors or problems encountered by any individual in voting that are not otherwise a result of the failure of Contractor to perform. M. Disputes. 1. Payment of Undisputed Amounts. In the event of a dispute between the parties regarding (1) a product or service for which payment has not yet been made to Contractor, (2) the amount due Contractor for any product or service, or (3) the due date of any payment, Town shall nevertheless pay to Contractor when due all undisputed amounts. Such payment shall not constitute a waiver by Town or Contractor of any of its rights and remedies against the other party. 2. Remedies for Past Due Undisputed Payments. If any undisputed payment to Contractor is past due more than 30 days, Contractor may suspend performance under this Agreement until such amount is paid. Any disputed or undisputed payment not paid by Town to Contractor when due shall bear interest from the due date at a rate equal to the lesser of one and one-half percent per month or the maximum amount permitted by applicable law for each month or portion thereof during which it remains unpaid. 0 0 IN WITNESS WHEREOF, 1hb.P4j1ps"-have ."' 'c4t6d ihls Ag 6 'hhe E%Ctjve.. re ment 6� 0 ATTEST 10a Barney, Acting Town Clerk 0 • By;, Title: 7U-ZT4OPN1..,j OLIORADO' .T7 Mayan; �❑bbi..Sirtdelar • 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/shareholder 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 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. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE") program, and provide such verification to the Town, Signature Date • • DEPARTMENT PROGRAM AFFIDAVIT 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. 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 have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement, . Signature • STA-E OF COLORADO ) ) SS, COUNTY OF Date The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2019, by as of My commission expires; (S EAL) • Notary Public • EXHISIT A SCOPE OF SERVICES Rental Solution includes: uantit Item Description Price Tabulation Hardware; Model D5200 Precinct Scanner: 2 Model DS200 (Includes Scanner, Plastic Ballot Box with Steel Door and a -Bin, Paper Roll and Standard 4GB Memory Device) $1,730.00 2 Paper Rolf (Additional) $3.50 1 Standard 4GB Memory Device (Additional) $15,g0 Services: Implementation Services: 1 Project Management $1,700.00 1 First Election On -Site Support (One Event includes a person on -site the day before, day of, and day after election) $4,G75.00 1 Ballot Layout $1,00o.00 1 Coding $500.00 2 Installation - DS200 $230.00 Shipping & Other: 2 Shipping- (M100/D5200 Based on Non -Truckload Quantities) $460.00 Total Rental Solution $10,313.50 0 • EXHIBIT B SPECIAL TERMS AND CONDITIONS 1. Rental/License Terms. Subject to the terms and conditions of this Agreement, Contractor agree.3 to rent and/or license, and Town agrees to rent and/or license, the Contractor Equipment, Contractor Software and Contractor Firmware described on the front side of this Agreement during the Rental Term. The Contractor Firmware and Contractor Software are collectively referred to hereirafter as the "Contractor Software." The rental payment terms for the Contractor Equipment and Contractor Software are set forth on Exhibit A. Title to the Contractor Equipment and Contractor Software shall, at all limes, remain with Contractor. The consideration for Contractor's grant of the licens= during the Rental Term for the Contractor Firmware is included in the cost of the Contractor Equipment, 2. Grant of Licenses. Subject to the terms and conditions of this Agreement, Contractor hereby grants to Town nonexclusive, nontransferable licenses for its bona fide full time, part time or temporary employees to use the Contractor Software and related Documentation in the Jurisdiction during the Rental Term. The licenses allow such bona fide employees to use and copy the Contractor Software (in object code only) and the Documentation, in the course of operating the Contractor Equipment and solely for the purposes of defining and conducting elections and tabulating and reporting election results in the Jurisdiction during the Rental Term. . 3. Prohibited Uses, Town shalt not take any of the following actions with respect to the Contractor Software or the Documentation: a. Reverse engineer, decompile, disassemble, re -engineer or otherwise create, attem)t to create, or permit, allow or assist others to create, the source code or the structural framework for part or all of the Contractor Software; b. Cause or permit any use, display, loan, publication, transfer of possession, sublicensing or other dissemination of the Contractor Software or Documentation, in whole or in part, to or by any third party without Contractor's prior written consent; or C. Cause or permit any change to be made to the Contractor Software without Contractor's prior written consent; or d. Allow a third party to cause or permit any copying, reproduction or printing of any output generated by the Contractor Software (except finished ballots by ballot printers selected by Town) in which Contractor owns or claims any proprietary intellectual property rights (e,g., copyright, trademark, patent pending or patent), including, but not limited to, any ballot shells or ballot code stock, 4. Term of Licenses, The licenses granted in Section 2 shall commence upon the delivery of the Contractor Software described in Section 2 and shall continue during the Rental Term. Contractor may terminate either license if Town fails to pay the rental fees when due, or breaches Sections 2 or 3 with respect to, such license. Upon the termination of either of the licenses granted in Section 2 for Contractor Software or upon the expiration of the Rental Term, Town shall immediately return such Contractor Software and the related Documentation (including any and all copies thereof) to Contractor, or (if requested by Contractor) destroy such Contractor Software and Documentation and certify in writing to Contractor that such destruction has occurred. 5, Delivery; Risk of Doss. The Estimated Delivery Dates and First Election Use (if any) set forth on Exhibit A are estimates and may only be established or revised, as applicable, by the parties, in a written amendment to this Agreement, because of delays in executing this Agreement, changes requested by Town, product availability and other events, Contractor will notify Town of such revisions as soon as Contractor becomes aware of such revisions. Risk of loss for the Contractor Equipment and Contractor Software shall pass to Town when such items are delivered to Town's designated location. Upon transfer of risk of loss to Town, Town shall be responsible for obtaining and maintaining sufficient casualty insurance on the Contractor Equipment and Contractor Software and shall name Contractor as an additional insured thereunder and, at Contractor's request, shall deliver written evidence thereof to Contractor. Town shall not use the Contractor Equipment for any purpose other than those for which it was designed and shall not, without the prior written consent of Contractor, alter the Contractor Equipment or affix to or install on the Contractor Equipment any accessory, equipment or device which was not supplied to it by Contractor. Town shall not move the Contractor Equipment from the place where it was originally installed, unless such Contractor Equipment is to be used at various polling places throughout the Jurisdiction, without Contractor's prior written consent, Town shall make the Contractor Equipment and any records pertaining thereto available to Contractor during regular business hours for inspection. Town will not, without the prior written consent of Contractor and subject to such conditions as Contractor may impose for its protection, affix any item of Contractor Equipment to any real property if, as a result thereof, such item of Contractor Equipment will become a fixture under applicable state law. 6, Installation. Exhibit A specifies the items of Contractor Equipment or Contractor Software, if any, which Contractor's employees, agents or authorized representatives ("Representatives") will install at Town's designated site. Town shall pay Contractor a fee for such installation services, as set forth on Exhibit A. Town will provide, at its own expense, a site adequate in space and design for installation and operation of the Contractor Equipment and Contractor Software. Town shall be responsible for providing a site that is temperature and humidity controlled, has all necessary electric current outlets, circuits, and wiring for the Contractor Equipment and Contractor Software, and has electric current of sufficient quality and quantity to operate the Contractor Equipment and Contractor Software. Contractor may, but shall not be required to, inspect the site and advise on its acceptability before any Contractor Equipment or Contractor Software is installed, Town shall be responsible for installing all items of equipment or software not installed by Contractor, in accordance with the instructions furnished in the Documentation. Contractor shall have no liability for actual site preparation or for any costs, damages or claims arising out of the installation of any Contractor Equipment or Contractor Software by Town. 7. Warranty. a. Contractor Equipment/Contractor Software, Contractor warrants that during the Rental Term (the "Warranty Period"), it will repair or replace, at Town's designated location or at Contractor's designated location, as determined by Contractor in its sole discretion, any component of the Contractor Equipment or Contractor Software which, while under normal use and service; (i) fails to perform in accordance with its Documentation in all material respects, or (ii) is defective in • material or workmanship. The Warranty shall not include the repair or replacement of any Contractor 0 Equipment components that are consumed in the normal course of operating the Contractor Equipment, including printer ribbons, printer cartridges, paper rolls, batteries, removable media storage devices, PCMCIA cards or marking devices. Any repaired or replaced item of Contractor Equipment or Contractor Software shall be warranted only for the unexpired term of the Warranty Period. All replaced components of the Contractor Equipment or Contractor Software will become the property of Contractor. This warranty is effective provided that (1) Town notifies Contractor within three (3) business days of the discovery of the failure of performance or defect, (11) the Contractor Equipment or Contractor Software to be repaired or replaced has not been repaired, changed, modified or altered except as authorized or approved by Contractor, (III) the Contractor Equipment or Contractor Software to be repaired or replaced is not damaged as a result of accident, theft, vandalism, neglect, abuse, use which is not in accordance with instructions or specifications furnished by Contractor or causes beyond the reasonable control of Contractor or Town, including acts of God, fire, floods, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, and (IV) Town has installed and is using the most recent update provided to it by Contractor. This warranty is void for any units of equipment which, (i) have not been stored or operated in a temperature range according their specifications, (ii) have been severely handled so as to cause mechanical damage to the unit, or (N) have been operated or handled in a manner inconsistent with reasonable treatment of an electronic product. b. System, Contractor warrants that the Contractor Equipment and Contractor Software will operate in conjunction with the third party items during the Warranty Period, provided that the third party items are performing in accordance with their own specifications and documentation in all material respects and are not defective in material or workmanship. In the event of a breach of this warranty, Contractor will repair or replace the item of Contractor Equipment or Contractor Software that is causing such breach to occur. Town acknowledges that Contractor has merely purchased the third party items for resale or rental to Town, and that the proprietary and intellectual property rights to the third party items are owned by parties other than Contractor ("Third Parties"). Town further acknowledges that except for the rental payments to Contractor for the third party items, all of its rights and obligations with respect thereto flow from and to the Third Parties. Contractor shall provide Town with copies of all documentation and warranties for the third party items which are provided to Contractor. C. Exclusive Remedies/Disclaimer. IN THE EVENT OF A BREACH OF SUBSECTION 7(a) or 7(b), CONTRACTOR'S OBLIGATIONS, AS DESCRIBED 1N SUCH SUBSECTION, ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. CONTRACTOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHICH ARE NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FURTHER, IN THE EVENT TOWN IN ANY WAY AT ANY TIME ALTERS, MODIFIES OR CHANGES ANY EQUIPMENT, SOFTWARE, THIRD PARTY ITEMS AND/OR NETWORK (COLLECTIVELY "SYSTEM") CONFIGURATIONS WHICH HAVE BEEN PREVIOUSLY INSTALLED BY CONTRACTOR OR WHICH ARE OTHERWISE REQUIRED IN ACCORDANCE WITH THE CERTIFIED VOTING SYSTEM CONFIGURATION, ALL WARRANTIES OTHERWISE PROVIDED HEREUNDER WITH REPECT TO THE SYSTEM RENTED AND/OR LICENSED UNDER THIS AGREEMENT SHALL BE VOID AND OF NO FURTHER FORCE AND EFFECT. • i RESOLUTION NO. 19-112 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPOINTING JESSICA KOENIG AS TOWN CLERK WHEREAS, in accordance with the Town of Firestone Municipal Code, the Board of Trustees is responsible for the appointment of a Town Clerk; and WHEREAS, to EI1 the vacancy in the Office of Town Clerk, the Board of Trustees, contracted with a consultant who conducted a search, evaluated the candidates and presented finalists to the Board for its consideration; and WHEREAS, the Board interviewed the finalists on December 4, 2019, and upon deliberation, has selected a Town Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Board of Trustees does hereby appoint Ms. Jessica Koenig to serve as Town Clerk. INTRODUCED, REAJJS§�&ADOPTED this tl_day of--DPU^tW, 2019. ATTEST: IAA f �Lu 6j� Town Clerin� APPROVED AS TO FORM: illiam ayashi, Town Attorney r, ffe�'t /'-(X- �. -- TOWN OF FIRES`FONE, COLORADO T" 1� �," 04—f- FKA . - _F:*- d I bbi Sin ar, Mayor