nederlandco.org · Town of Nederland TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING...

Town of Nederland

TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING

NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 April 19, 2016, 7:00 P.M.

AGENDA

A. CALL TO ORDER – 7:00 PM

B. ROLL CALL

C. CONSENT AGENDA 1. Approval of April 19, 2016 Accounts Payable, Schedule A 2. Approval of April 19, 2016 Accounts Payable, Schedule B 3. Approval of March 15, 2016 Regular Meeting Minutes 4. Approval of Resolution 2016-08 adopting the Boulder County Hazard Mitigation

Plan

D. STAFF REPORTS 1. Alisha Reis, Town Administrator 2. LauraJane Baur, Town Clerk 3. Paul Carrill, Town Marshal 4. Chris Pelletier, Public Works Manager 5. Dawn Baumhover, Community Center Coordinator E. BOARD OF TRUSTEE REPORTS

To include final remarks of outgoing Board members 1. Mayor’s Report 2. Trustees’ Reports F. PUBLIC COMMENT ON NON-AGENDA ITEMS (Speakers limited to 3 minutes)

G. INFORMATION ITEMS 1. Report on 2016 Nederland election results

H. ACTION ITEMS 1. Swearing in newly elected Mayor and Trustees

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2. Recognition of outgoing Board members 3. Appointment of new Trustee to serve out vacancy left by Larsen’s election as

Mayor (2-year term) 4. Appointment of Trustee Charles Wood as Mayor Pro Tem 5. Resolution 2016-09, re-appointing Alisha Reis as Town Administrator 6. Resolution 2016-10, re-appointing Alisha Reis as Zoning Administrator 7. Resolution 2016-11, re-appointing LauraJane Baur as Town Clerk 8. Resolution 2016-12, re-appointing Paul Carrill as Town Marshal 9. Resolution 2016-13, re-appointing Carmen Beery as Town Attorney 10. Resolution 2016-14, re-appointing Donna Schneider as Town Prosecutor 11. Resolution 2016-15, re-appointing David Gloss as Municipal Judge

12. Approval of the 2-year extension of Judge Gloss’ contract 13. Consideration of approval of contract with Accountemps for accounting services 14. Consideration of approval of contract with MW Golden to build new Town Shop

I. DISCUSSION ITEMS

J. OTHER BUSINESS

K. ADJOURNMENT The Board of Trustees encourages citizen participation. Public hearings and the “unscheduled citizens” agenda item allow an opportunity to address the Board. Discussion is limited to 3 minutes and please address your comments to the Board. Thank you for your cooperation. The Board of Trustees may take action on any item included on this agenda, regardless of the heading under which such item appears. Discussion items may become action items if the Board determines that deferring final action on an item to a subsequent meeting is unnecessary or unwarranted and that taking immediate action does not compromise any third-party's rights. The Board of Trustees meeting packets are prepared by Friday before the Tuesday meetings and are available for inspection at Town Hall during normal business hours. The information is reviewed and studied by the Board of Trustee members, eliminating lengthy discussions to gain basic understanding. Short discussion on agenda items does not reflect lack of thought or analysis. The agendas are posted at Town Hall, the post office, and on the Town's website on the Friday prior to the meeting. Copies of the agenda and meeting packet are available at no cost via email from the Town Clerk or from the Town website at www.nederlandco.org.

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http://www.nederlandco.org/

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Town of Nederland

VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance

Council Approval ReportPage 13/25/2016 3:17pm

(Council Approval Report)

Description Due Date Account NumberInvoice Amt Account Description

General FundCathy Stiers, Nederland, Nederland, CO, 80466

Election2 $125.00 $0.0003/25/16 ($400.00)Election Judge Pay 03/25/16 10-14-5175$125.00 Elections

$125.00Leonard J Cowles, Nederland, Nederland, CO, 80466


$150.00W. James Harrison, Nederland, Nederland, CO, 80466


$125.0022 Donna Schneider, 512 S. Vance Court, Lakewood, CO, 802262016-02 $412.50 $0.0003/01/16 ($2,400.00)Prosecution Services 03/11/16 10-17-5105$412.50 Court Services

$412.5049 Safebuilt, 3755 Precision Drive, Suite 140, Loveland, CO, 805380023819-IN $5,405.88 $0.0002/29/16 ($7,020.45)Permit Review 03/30/16 10-15-5121$5,405.88 Permitting and Plan Revi

$5,405.8865 Denver Regional Council of Governments, 1290 Broadway, Suite 700, Denver, CO, 80203-5606SALES018919 $780.00 $0.0003/22/16 ($1,080.00)60% of DRAPP 2016 04/01/16 10-12-5170$780.00 GIS Services

$780.00324 AAA Pest Pros, PO Box 20235, Boulder, CO, 8030832409 $55.00 $0.0003/22/16 ($110.00)Pest Control 04/01/16 10-12-5250$55.00 Janitorial Supplies

$55.00

$7,053.38Total General Fund

Community Center Fund51 Cash, PO BOX 396, Nederland, CO, 804662016-03 $212.00 $0.0003/25/16 ($212.00)CC Petty Cash 03/25/16 20-00-1003$212.00 Petty Cash

$212.00

$212.00Total Community Center Fund

Sewer FundPeak to Peak Electric, LLC, PO Box 324, Rollinsville, CO, 80474

3977 $80.00 $0.0003/08/16 ($2,326.21)WW Filter Pumps 03/08/16 40-45-5510$80.00 Equipment Maintenance

$80.00

Schedule A

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Description Due Date Account NumberInvoice Amt Account Description23 DPC Industries, PO BOX 301023, Dallas, TX, 75303-1023737000761-16 $765.44 $0.0002/29/16 ($4,025.44)Treatment Chemicals 03/10/16 40-45-5525$765.44 Minor Supplies (bugs/che

$765.4461 USABlueBoook, P.O. Box 9004, Gurnee, IL, 60031-9004884070 $57.76 $0.0002/26/16 ($2,326.21)Chem Room Tubing 03/07/16 40-45-5510$57.76 Equipment Maintenance 881935 $82.72 $0.0002/24/16 ($390.73)Lab Reagents & Tubing 03/05/16 40-45-5665$82.72 Lab Supplies/Chemicals

$140.48

$985.92Total Sewer Fund

Water Fund189 HD Supply Waterworks LTD., PO BOX 28330, St Louis, MO, 63146E995431 $2,048.64 $0.0002/03/16 ($2,048.64)Hydrants 02/13/16 50-45-6550$2,048.64 Infrastructure Improveme

$2,048.64295 Zenner Performance, PO BOX 895, Banning, CA, 922200030740-IN $211.47 $0.0002/25/16 ($584.06)Stealth 03/06/16 50-45-5530$211.47 Minor Supplies (infrastruc

$211.47

$2,260.11Total Water Fund

Total Bills To Pay: $10,511.41

Schedule A

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General Fund20 CEBT, PO BOX 912631, Denver, CO, 80291-2631PR454 $151.45 $0.0011/27/15 $10,365.61Payroll from 11/7/2015 to 11/20/2015 12/07/15 10-00-2020$5,125.08 Other Employee BenefitsPR463 $5,125.08 $0.0012/11/15 $10,365.61Payroll from 11/21/2015 to 12/4/2015 12/21/15 10-00-2020$5,125.08 Other Employee BenefitsPR476 $5,184.08 $0.0012/25/15 $10,365.61Payroll from 12/5/2015 to 12/18/2015 01/04/16 10-00-2020$5,184.08 Other Employee BenefitsPR489 $5,154.58 $0.0001/08/16 $10,278.20Payroll from 12/19/2015 to 1/1/2016 01/18/16 10-00-2020$5,154.58 Other Employee BenefitsPR499 $4,847.08 $0.0001/22/16 $10,278.20Payroll from 1/2/2016 to 1/15/2016 02/01/16 10-00-2020$4,847.08 Other Employee BenefitsPR541 $3,215.50 $0.0002/05/16 $10,278.20Payroll from 1/16/2016 to 1/29/2016 02/15/16 10-00-2020$4,376.98 Other Employee Benefits

$23,677.77


Community Center Fund20 CEBT, PO BOX 912631, Denver, CO, 80291-2631PR454 $18.47 $0.0011/27/15 $1,249.96Payroll from 11/7/2015 to 11/20/2015 12/07/15 20-00-2020$624.98 Other Employee BenefitsPR463 $624.98 $0.0012/11/15 $1,249.96Payroll from 11/21/2015 to 12/4/2015 12/21/15 20-00-2020$624.98 Other Employee BenefitsPR476 $624.98 $0.0012/25/15 $1,249.96Payroll from 12/5/2015 to 12/18/2015 01/04/16 20-00-2020$624.98 Other Employee BenefitsPR489 $624.98 $0.0001/08/16 $1,253.38Payroll from 12/19/2015 to 1/1/2016 01/18/16 20-00-2020$624.98 Other Employee BenefitsPR499 $624.98 $0.0001/22/16 $1,253.38Payroll from 1/2/2016 to 1/15/2016 02/01/16 20-00-2020$624.98 Other Employee BenefitsPR541 $0.00 $0.0002/05/16 $1,253.38Payroll from 1/16/2016 to 1/29/2016 02/15/16 20-00-2020$624.98 Other Employee Benefits

$2,518.39

$2,518.39Total Community Center Fund

Sewer Fund20 CEBT, PO BOX 912631, Denver, CO, 80291-2631PR454 $23.04 $0.0011/27/15 $1,559.44Payroll from 11/7/2015 to 11/20/2015 12/07/15 40-00-2020$779.72 Other Employee BenefitsPR463 $779.72 $0.0012/11/15 $1,559.44Payroll from 11/21/2015 to 12/4/2015 12/21/15 40-00-2020$779.72 Other Employee BenefitsPR476 $779.72 $0.0012/25/15 $1,559.44Payroll from 12/5/2015 to 12/18/2015 01/04/16 40-00-2020$779.72 Other Employee BenefitsPR489 $779.72 $0.0001/08/16 $1,563.71Payroll from 12/19/2015 to 1/1/2016 01/18/16 40-00-2020$779.72 Other Employee BenefitsPR499 $779.72 $0.0001/22/16 $1,563.71Payroll from 1/2/2016 to 1/15/2016 02/01/16 40-00-2020$779.72 Other Employee BenefitsPR541 $0.00 $0.0002/05/16 $1,563.71Payroll from 1/16/2016 to 1/29/2016 02/15/16 40-00-2020$747.02 Other Employee Benefits

$3,141.92

$3,141.92Total Sewer Fund

Water Fund20 CEBT, PO BOX 912631, Denver, CO, 80291-2631PR454 $23.04 $0.0011/27/15 $1,559.44Payroll from 11/7/2015 to 11/20/2015 12/07/15 50-00-2020$779.72 Other Employee Benefits

Schedule A

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Description Due Date Account NumberInvoice Amt Account DescriptionPR463 $779.72 $0.0012/11/15 $1,559.44Payroll from 11/21/2015 to 12/4/2015 12/21/15 50-00-2020$779.72 Other Employee BenefitsPR476 $779.72 $0.0012/25/15 $1,559.44Payroll from 12/5/2015 to 12/18/2015 01/04/16 50-00-2020$779.72 Other Employee BenefitsPR489 $779.72 $0.0001/08/16 $1,563.71Payroll from 12/19/2015 to 1/1/2016 01/18/16 50-00-2020$779.72 Other Employee BenefitsPR499 $779.72 $0.0001/22/16 $1,563.71Payroll from 1/2/2016 to 1/15/2016 02/01/16 50-00-2020$779.72 Other Employee BenefitsPR541 $0.00 $0.0002/05/16 $1,563.71Payroll from 1/16/2016 to 1/29/2016 02/15/16 50-00-2020$747.02 Other Employee Benefits

$3,141.92



Schedule A

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Council Approval ReportPage 14/4/2016 11:15am



General Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-904012282015 $285.19 $3,600.0012/28/15 $392.53phone - december 01/07/16 10-12-5232$285.19 Phone12282015 $85.95 $1,050.0012/28/15 $18.60phone - december 01/07/16 10-12-5233$85.95 Internet12282015 $53.98 $0.0012/28/15 ($848.27)phone - december 01/07/16 10-13-5232$53.98 Phone12282015 $199.85 $1,800.0012/28/15 ($638.63)phone - december 01/07/16 10-18-5232$199.85 Phone12282015 $85.95 $1,050.0012/28/15 $18.60phone - december 01/07/16 10-18-5233$85.95 Internet12282015 $32.67 $650.0012/28/15 $260.13phone - december 01/07/16 10-20-5232$32.67 Phone12282015 $66.00 $800.0012/28/15 $16.00phone - december 01/07/16 10-20-5233$66.00 Internet

$809.59

$809.59Total General Fund

Community Center Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-904012282015 $203.78 $2,800.0012/28/15 $79.45phone - december 01/07/16 20-25-5232$203.78 Phone12282015 $115.95 $1,500.0012/28/15 $108.60phone - december 01/07/16 20-25-5233$115.95 Internet

$319.73


Sewer Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-904012282015 $67.78 $1,200.0012/28/15 $367.61phone - december 01/07/16 40-45-5232$67.78 Phone12282015 $86.95 $1,000.0012/28/15 ($35.40)phone - december 01/07/16 40-45-5233$86.95 Internet

$154.73


Water Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-904012282015 $77.54 $1,000.0012/28/15 $98.79phone - december 01/07/16 50-45-5232$77.54 Phone12282015 $86.95 $1,000.0012/28/15 ($35.40)phone - december 01/07/16 50-45-5233$86.95 Internet

$164.49

$164.49Total Water Fund

Schedule A

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Schedule A

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Schedule A

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General FundAnchor Point Group LLC, 2131 Upland Ave, Boulder, CO, 80304

2016.012 $1,125.00 $0.0003/31/16 ($1,889.95)Analysis of wildfire threat / Viability of Big Sprin 03/31/16 10-12-5190$1,125.00 Other

$1,125.00CEC Deposit Trust, PO Box 173704, Denver, CO, 80217

0101206-1676 $3,897.90 $0.0001/22/16 ($3,897.90)Community Solar Array Production 01/22/16 10-99-9402$3,897.90 TARP

$3,897.90Nederland High School, Attn: After Prom, 597 County Road 130, Nederland, CO, 80466

2016-04-04 $500.00 $0.0004/04/16 ($4,950.00)After Prom Party 04/04/16 10-11-5890$500.00 Goodwill

$500.00Steven Karowe, PO Box 615, Nederland, CO, 80466

2016-04-01 $149.00 $0.0004/01/16 ($3,735.00)Sustainability Grant - Residental Rebate 04/01/16 10-99-9401$149.00 Boulder County Sustaina

$149.007 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463827619565x03202 $48.09 $0.0003/12/16 ($137.80)Cell Phone 03/27/16 10-18-5234$48.09 Cell Phone827619565x03202 $67.33 $0.0003/12/16 ($192.93)Cell Phone 03/27/16 10-20-5234$67.33 Cell Phone

$115.4211 Boulder County, PO BOX 471, Boulder, CO, 8030612774 $33,000.00 $0.0002/22/16 ($33,000.00)2016 Dispatch Fees 03/23/16 10-18-5118$33,000.00 Boulder County Commun

$33,000.0033 Interwest Safety Supply, PO BOX 31, Provo, UT, 846039705 $95.45 $0.0003/10/16 ($1,285.38)sign 03/30/16 10-20-5535$95.45 Minor Supplies (signs)9871 $95.36 $0.0003/18/16 ($1,285.38)Sign 04/07/16 10-20-5535$95.36 Minor Supplies (signs)

$190.8139 Murray Dahl Kuechenmeister & Renaud LLP, 710 Kipling Street, Suite 300, Lakewood, CO, 8021512823 $5,456.89 $0.0001/31/16 ($9,836.64)Legal Fees 02/10/16 10-12-5100$5,456.89 Legal

$5,456.8946 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202016-02 $196.97 $0.0002/16/16 ($424.37)office supplies 02/26/16 10-12-5410$196.97 Office Supplies2016-02 $0.00 $0.0002/16/16 ($424.37)office supplies 02/26/16 10-12-5410$0.00 Office Supplies2016-02 $2.29 $0.0002/16/16 ($110.85)office supplies 02/26/16 10-14-5410$2.29 Office Supplies2016-02 $35.18 $0.0002/16/16 ($1,001.26)office supplies 02/26/16 10-18-5410$35.18 Office Supplies2016-02 $76.53 $0.0002/16/16 ($158.26)office supplies 02/26/16 10-20-5410$76.53 Office Supplies

$310.9751 Cash, PO BOX 396, Nederland, CO, 804662016-03-31 $66.00 $0.0003/31/16 ($66.00)Petty Cash - Town Hall 03/31/16 10-12-5220$66.00 Trash Services

Schedule A

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Description Due Date Account NumberInvoice Amt Account Description2016-03-31 $68.85 $0.0003/31/16 ($68.85)Petty Cash - Town Hall 03/31/16 10-14-5710$68.85 Postage/Shipping2016-03-31 $8.90 $0.0003/31/16 ($23.15)Petty Cash - Town Hall 03/31/16 10-18-5710$8.90 Postage/Shipping

$143.7554 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477493716664 $144.32 $0.0003/15/16 ($723.50)Gas / Electric 03/25/16 10-12-5230$144.32 Electric493716664 $80.34 $0.0003/15/16 ($397.52)Gas / Electric 03/25/16 10-12-5231$80.34 Gas493716664 $118.41 $0.0003/15/16 ($556.61)Gas / Electric 03/25/16 10-13-5230$118.41 Electric493716664 $57.99 $0.0003/15/16 ($260.17)Gas / Electric 03/25/16 10-13-5231$57.99 Gas493716664 $106.62 $0.0003/15/16 ($479.56)Gas / Electric 03/25/16 10-18-5230$106.62 Electric493716664 $100.29 $0.0003/15/16 ($495.02)Gas / Electric 03/25/16 10-18-5231$100.29 Gas493716664 $420.31 $0.0003/15/16 ($1,754.18)Gas / Electric 03/25/16 10-20-5230$420.31 Electric493716664 $221.51 $0.0003/15/16 ($1,094.14)Gas / Electric 03/25/16 10-20-5231$221.51 Gas493716664 $71.89 $0.0003/15/16 ($921.75)Gas / Electric 03/25/16 10-99-5230$71.89 Electric

$1,321.6857 Business Connection, PO BOX 3277, Nederland, CO, 8046694734 $6.38 $0.0002/22/16 ($424.37)Receipt Book - TH 03/03/16 10-12-5410$6.38 Office Supplies94750 $69.50 $0.0002/26/16 ($79.25)Budget Book Binding 03/07/16 10-12-5770$69.50 Printing/Copying94802 $8.93 $0.0003/07/16 ($79.25)Binding 03/17/16 10-12-5770$8.93 Printing/Copying94722 $10.50 $0.0002/19/16 ($1,485.67)Paper for Elections 02/29/16 10-14-5175$10.50 Elections94788 $31.50 $0.0003/04/16 ($1,485.67)Secrecy Sleeve Paper 03/14/16 10-14-5175$31.50 Elections

$126.8169 Adamson Police Products, 3290 Arden Road, Hayward, CA, 94545INV206933 $4,100.00 $0.0003/17/16 $4,100.00Weapon Replacement 03/27/16 10-18-4910$4,100.00 Misc

$4,100.0090 CIRSA, PO BOX 910543, Denver, CO, 80291-0543W16236 $8,157.00 $0.0004/01/16 ($16,314.00)Workers' Comp Coverage 05/01/16 10-12-5122$8,157.00 Worker's Comp160709 $13,679.50 $0.0004/01/16 ($27,359.00)Property / Casualty Coverage 05/01/16 10-12-5123$13,679.50 Property/Liability Insuran151481 $100.00 $0.0012/31/15 ($7,835.00)M Erwin Bond 01/30/16 10-12-5125$100.00 Accounting

$21,936.50178 Hart InterCivic, 15500 Wells Port Drive, Austin, TX, 78728064653 $1,043.67 $0.0003/21/16 ($1,485.67)Paper Ballots 04/20/16 10-14-5175$1,043.67 Elections

$1,043.67336 Northern Safey and Industrial, PO Box 4250, Utica, NY, 13504901827223 $396.79 $0.0002/29/16 ($526.47)safety supplies 03/30/16 10-20-5520$396.79 Minor Supplies (tools)

$396.79387 High Country Workplace Tech, PO Box 1226, Arvada, CO, 800010135491-IN $252.50 $0.0003/21/16 ($1,889.95)Moved Phones at Town Hall 04/20/16 10-12-5190$252.50 Other

Schedule A

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$252.50


Community Center Fund46 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202016-02 $460.79 $0.0002/16/16 ($574.58)office supplies 02/26/16 20-25-5410$460.79 Office Supplies

$460.7954 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477493716664 $1,084.03 $0.0003/15/16 ($2,251.38)Gas / Electric 03/25/16 20-25-5230$1,084.03 Electric493716664 $688.26 $0.0003/15/16 ($3,834.56)Gas / Electric 03/25/16 20-25-5231$688.26 Gas493716664 $89.22 $0.0003/15/16 ($178.88)Gas / Electric 03/25/16 20-25-5235$89.22 Street Lights

$1,861.51


Sewer FundAmerican Water Works Association, PO Box 972997, Dallas, TX, 75397-2997

1321798 $70.53 $0.0003/15/16 ($140.53)text book 03/15/16 40-45-5810$70.53 Conference/Training

$70.537 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463827619565x03202 $62.51 $0.0003/12/16 ($179.15)Cell Phone 03/27/16 40-45-5234$62.51 Cell Phone

$62.5146 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202016-02 $3.76 $0.0002/16/16 ($69.68)office supplies 02/26/16 40-45-5410$3.76 Office Supplies

$3.7654 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477493716664 $3,233.21 $0.0003/15/16 ($16,897.41)Gas / Electric 03/25/16 40-45-5230$3,233.21 Electric

$3,233.21


Water Fund7 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463827619565x03202 $62.51 $0.0003/12/16 ($179.15)Cell Phone 03/27/16 50-45-5234$62.51 Cell Phone

$62.518 Automation Services, 9434 Cody Drive, Westminster, CO, 80021

Schedule A

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Description Due Date Account NumberInvoice Amt Account Description16-010 $1,900.00 $0.0003/12/16 ($9,056.12)Caribou Pump Station 03/22/16 50-45-5510$1,900.00 Equipment Maintenance

$1,900.0023 DPC Industries, PO BOX 301023, Dallas, TX, 75303-1023737000965-16 $1,279.21 $0.0003/15/16 ($1,817.58)Treatment Chemicals 03/25/16 50-45-5525$1,279.21 Minor Supplies (bugs/che737000966-16 $179.50 $0.0003/15/16 ($1,817.58)chlorine 03/25/16 50-45-5525$179.50 Minor Supplies (bugs/che

$1,458.7146 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202016-02 $275.30 $0.0002/16/16 ($351.23)office supplies 02/26/16 50-45-5410$275.30 Office Supplies

$275.3054 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477493716664 $1,519.49 $0.0003/15/16 ($6,329.83)Gas / Electric 03/25/16 50-45-5230$1,519.49 Electric493716664 $641.66 $0.0003/15/16 ($2,669.41)Gas / Electric 03/25/16 50-45-5231$641.66 Gas

$2,161.15388 Carry The Light Electric, Inc, PO Box 1424, Englewood, CO, 80150-142414-1137 $402.12 $0.0001/07/16 ($9,056.12)Caribou Pump Station 02/06/16 50-45-5510$402.12 Equipment Maintenance

$402.12


Downtown Development Fund57 Business Connection, PO BOX 3277, Nederland, CO, 8046694733 $22.95 $0.0002/22/16 ($22.95)DDA Supplies 03/03/16 70-75-5410$22.95 Office Supplies94577 $1,377.00 $0.0001/28/16 ($1,377.00)Advertising 02/07/16 70-75-5750$1,377.00 Advertising94329 $6.60 $0.0001/01/16 ($63.30)Copies 01/11/16 70-75-5770$6.60 Printing/Copying94525 $0.30 $0.0001/19/16 ($63.30)DDA Copies 01/29/16 70-75-5770$0.30 Printing/Copying94733 $40.00 $0.0002/22/16 ($63.30)DDA Supplies 03/03/16 70-75-5770$40.00 Printing/Copying94746 $10.40 $0.0002/25/16 ($63.30)DDA Copies 03/06/16 70-75-5770$10.40 Printing/Copying94757 $6.00 $0.0002/29/16 ($63.30)Copies 03/10/16 70-75-5770$6.00 Printing/Copying

$1,463.25341 F&D International, 5723 Arapahoe Ave. Ste 1B, Boulder, CO, 803031762 $1,552.00 $0.0003/01/16 ($5,239.25)NedPeds 03/31/16 70-75-6500$1,552.00 Infrastructure

$1,552.00351 8500 Light Lab LLC, , PO BOX 1713, Nederland, CO, 80466769887 $240.00 $0.0003/31/16 ($488.00)Images 04/15/16 70-75-5115$240.00 Website

$240.00

Schedule A

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$3,255.25Total Downtown Development Fund


Schedule A

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General FundMary Erwin, 2190 W 10th Ave, #102, Broomfield, CO, 80020

2016-04-08 $750.00 $0.0004/08/16 ($9,660.00)Accounting Services 04/08/16 10-12-5125$750.00 Accounting

$750.00


Total Bills To Pay: $750.00

Schedule A

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General FundColorado Mounted Rangers, PO Box 6243, Denver, CO, 80206

2016-03-26 $250.00 $0.0003/26/16 $250.00FDGD Special Duty 03/26/16 10-18-4799$250.00 Police Services

$250.00FDGD, LLC, 3875 Arbol Ct, Boulder, CO, 80301

2016-03-28 $14,439.60 $0.0003/28/16 $14,439.60FDGD Merchandises 03/28/16 10-13-4940$14,439.60 Visitor Center Sales

$14,439.60ID Edge, 1849 Cherry St #10, Louisville, CO, 80027

73496 $249.75 $0.0002/23/16 $249.75EcoPass supplies 02/23/16 10-00-2035$249.75 ECOPASS

$249.75River Dougherty, 710 31st Street, Boulder, CO, 80303

2016-3-11 $35.00 $0.0003/11/16 $410.00Bond Payment 03/11/16 10-00-2200$35.00 Deposits held in Escrow

$35.0011 Boulder County, PO BOX 471, Boulder, CO, 8030612719 $352.62 $0.0002/16/16 ($352.62)January Fuel 03/17/16 10-18-5515$352.62 Fuel12719 $22.15 $0.0002/16/16 ($526.58)January Fuel 03/17/16 10-20-5515$22.15 Fuel12719 $504.43 $0.0002/16/16 ($526.58)January Fuel 03/17/16 10-20-5515$504.43 Fuel

$879.2014 Canon Solutions America, Inc., 15004 Collections Centere Drive, Chicago, IL, 606934018437325 $21.61 $0.0002/29/16 ($464.95)Copier Usage Charge 03/10/16 10-12-5470$21.61 Leased Equipment4018442886 $41.20 $0.0003/30/16 ($464.95)Copier Maintenance 04/09/16 10-12-5470$41.20 Leased Equipment122178165 $339.00 $0.0003/10/16 ($393.97)PD Copier Repair 03/20/16 10-12-5471$339.00 Office Equipment Mainte

$401.8117 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-02 $284.69 $0.0002/29/16 ($587.60)Phone 03/10/16 10-12-5232$284.69 Phone2016-02 $85.95 $0.0002/29/16 ($171.90)Phone 03/10/16 10-12-5233$85.95 Internet2016-02 $54.11 $0.0002/29/16 ($108.09)Phone 03/10/16 10-13-5232$54.11 Phone2016-02 $200.50 $0.0002/29/16 ($408.92)Phone 03/10/16 10-18-5232$200.50 Phone2016-02 $85.95 $0.0002/29/16 ($171.90)Phone 03/10/16 10-18-5233$85.95 Internet2016-02 $32.82 $0.0002/29/16 ($70.30)Phone 03/10/16 10-20-5232$32.82 Phone2016-02 $66.00 $0.0002/29/16 ($132.00)Phone 03/10/16 10-20-5233$66.00 Internet

$810.0218 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872015-03 $7.23 $0.0002/29/16 ($587.60)Feb Long Distance 03/10/16 10-12-5232$7.23 Phone2015-03 $5.64 $0.0002/29/16 ($408.92)Feb Long Distance 03/10/16 10-18-5232$5.64 Phone2015-03 $1.50 $0.0002/29/16 ($70.30)Feb Long Distance 03/10/16 10-20-5232$1.50 Phone

Schedule A

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$14.3733 Interwest Safety Supply, PO BOX 31, Provo, UT, 846039499 $1,094.57 $0.0002/29/16 ($1,094.57)03/20/16 10-20-5535$1,094.57 Minor Supplies (signs)

$1,094.5741 Napa Auto Parts, 3550 Arapahoe Road, Uni #6, Boulder, CO, 80303608998 $337.61 $0.0002/16/16 ($2,264.38)Patrol 2 03/02/16 10-18-5505$337.61 Vehicle Maintenance & R610083 $16.16 $0.0002/19/16 ($842.36)Baby Tractor Light 03/05/16 10-20-5505$16.16 Vehicle Maintenance & R

$353.7744 Neve's Uniforms, 5120 Osage Street #200, Denver, CO, 80221LN-326669 $437.89 $4,000.0012/24/15 ($2,415.53)Uniform 01/03/16 10-18-5560$437.89 UniformsLN-327671 $792.99 $0.0001/15/16 ($1,435.44)Uniform 01/25/16 10-18-5560$792.99 UniformsLN-331652 $417.60 $0.0003/24/16 ($1,435.44)Uniforms 04/03/16 10-18-5560$417.60 UniformsLN-331654 $224.85 $0.0003/24/16 ($1,435.44)Uniform 04/03/16 10-18-5560$224.85 Uniforms

$1,873.3349 Safebuilt, 3755 Precision Drive, Suite 140, Loveland, CO, 805380023799-IN $200.00 $0.0002/29/16 ($400.00)Code Enforcement 03/30/16 10-15-5165$200.00 Code Enforcement

$200.0053 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662016-02a $42.85 $0.0003/01/16 ($154.85)Trash Services for Feb 03/16/16 10-20-5220$42.85 Trash Services2016-02a $215.00 $0.0003/01/16 ($4,439.61)Trash Services for Feb 03/16/16 10-20-6100$215.00 Building

$257.8554 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477491880895 $1,347.94 $0.0003/01/16 ($2,721.63)Streetlights 03/11/16 10-20-5235$1,347.94 Street Lights

$1,347.9473 United Systems Technology, Inc., PO BOX 204814, Dallas, TX, 75320-481487029 $13.76 $0.0002/29/16 ($31.36)eBill 03/10/16 10-12-5730$13.76 Credit Card fees

$13.7676 General Air Service & Supply, 1105 Zuni Street, Denver, CO, 80204-333891804405-1 $41.22 $0.0002/29/16 ($85.29)Cylinder Rental 03/10/16 10-20-5470$41.22 Leased Equipment

$41.22165 Law Enforcement Systems, Inc., PO BOX 1835, Corsicana, TX, 75151-1835192921 $99.00 $0.0002/19/16 ($1,001.26)Supplies 02/29/16 10-18-5410$99.00 Office Supplies

$99.00178 Hart InterCivic, 15500 Wells Port Drive, Austin, TX, 78728064333 $80.85 $0.0002/22/16 ($80.85)Election - UOCAVA 03/23/16 10-14-5770$80.85 Printing/Copying

Schedule A

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$80.85184 ChemaTox Laboratory, Inc., PO BOX 20590, Boulder, CO, 8030819750 $20.00 $0.0003/05/16 ($345.00)BAT 04/04/16 10-18-5182$20.00 Background Checks

$20.00381 Siegel Oil Company, PO Box 5332, Denver, CO, 8021710063937 $388.49 $0.0002/22/16 ($479.08)Hydraulic Fluid 03/03/16 10-20-5510$388.49 Equipment Maintenance

$388.49


Community Center Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-02 $204.70 $0.0002/29/16 ($456.90)Phone 03/10/16 20-25-5232$204.70 Phone2016-02 $115.95 $0.0002/29/16 ($231.90)Phone 03/10/16 20-25-5233$115.95 Internet

$320.6518 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872015-03 $4.81 $0.0002/29/16 ($456.90)Feb Long Distance 03/10/16 20-25-5232$4.81 Phone

$4.8153 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662016-02a $119.25 $0.0003/01/16 ($238.50)Trash Services for Feb 03/16/16 20-25-5220$119.25 Trash Services

$119.25


Sewer FundRocky Mountain Power Generation, Inc, 6301 N Broadway, Denver, CO, 80216

037895 $547.27 $0.0002/24/16 ($547.27)Generator Maintenance 02/24/16 40-45-5155$547.27 Annual Equipment Maint

$547.2717 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-02 $68.85 $0.0002/29/16 ($142.40)Phone 03/10/16 40-45-5232$68.85 Phone2016-02 $86.95 $0.0002/29/16 ($173.90)Phone 03/10/16 40-45-5233$86.95 Internet


$3.9323 DPC Industries, PO BOX 301023, Dallas, TX, 75303-1023

Schedule A

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Description Due Date Account NumberInvoice Amt Account Description737000702-16 $740.97 $0.0002/23/16 ($4,766.41)Treatment Chemicals 03/04/16 40-45-5525$740.97 Minor Supplies (bugs/che

$740.9753 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662016-02a $112.00 $0.0003/01/16 ($219.00)Trash Services for Feb 03/16/16 40-45-5220$112.00 Trash Services

$112.0061 USABlueBoook, P.O. Box 9004, Gurnee, IL, 60031-9004876547 $366.95 $0.0002/18/16 ($790.20)WWTP 02/28/16 40-45-5550$366.95 Safety Equipment876547 $372.17 $0.0002/18/16 ($762.90)WWTP 02/28/16 40-45-5665$372.17 Lab Supplies/Chemicals

$739.1293 Colorado Analytical Lab, PO BOX 507, Brighton, CO, 80601-0507160226007 $601.00 $0.0003/04/16 ($782.00)Chemicals 03/14/16 40-45-5185$601.00 Lab Tests

$601.00


Water Fund11 Boulder County, PO BOX 471, Boulder, CO, 8030612719 $63.48 $0.0002/16/16 ($97.47)January Fuel 03/17/16 50-45-5515$63.48 Fuel

$63.4817 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-02 $77.86 $0.0002/29/16 ($160.77)Phone 03/10/16 50-45-5232$77.86 Phone2016-02 $86.95 $0.0002/29/16 ($173.90)Phone 03/10/16 50-45-5233$86.95 Internet


$3.3093 Colorado Analytical Lab, PO BOX 507, Brighton, CO, 80601-0507160209049 $545.00 $0.0002/22/16 ($735.00)Quarterly & Yearly Samples 03/03/16 50-45-5185$545.00 Lab Tests

$545.00


Schedule A

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Schedule A

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General Fund18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872016-03 $7.25 $0.0003/31/16 ($879.54)Long Distance 04/10/16 10-12-5232$7.25 Phone2016-03 $3.60 $0.0003/31/16 ($613.02)Long Distance 04/10/16 10-18-5232$3.60 Phone2016-03 $1.50 $0.0003/31/16 ($104.62)Long Distance 04/10/16 10-20-5232$1.50 Phone

$12.3522 Donna Schneider, 512 S. Vance Court, Lakewood, CO, 802262016-03 $412.50 $0.0003/31/16 ($2,812.50)Prosecution Services 04/10/16 10-17-5105$412.50 Court Services

$412.50304 University of Colorado, 3100 Marine St A-213, UCB 561, Boulder, CO, 80309-05612015-04-25 $37.50 $0.0003/31/16 ($562.54)Verbal Communications Class 04/10/16 10-20-5810$37.50 Conference/Training2015-04-25 $75.00 $0.0003/31/16 ($562.54)Verbal Communications Class 04/10/16 10-20-5810$75.00 Conference/Training2016-04-27 $70.00 $0.0003/31/16 ($562.54)Trenching & Excavation Competent Class 04/10/16 10-20-5810$70.00 Conference/Training

$182.50391 Accountemps, PO Box 743295, Los Angeles, CA, 90074-329545443460 $736.00 $0.0004/04/16 ($12,572.00)Evelyn Szprejda 04/19/16 10-12-5125$736.00 Accounting45465733 $2,176.00 $0.0004/05/16 ($12,572.00)Evelyn Szprejda 04/20/16 10-12-5125$2,176.00 Accounting

$2,912.00


Community Center Fund18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872016-03 $4.34 $0.0003/31/16 ($666.01)Long Distance 04/10/16 20-25-5232$4.34 Phone

$4.3451 Cash, PO BOX 396, Nederland, CO, 804662016-04-11 $250.00 $0.0004/11/16 ($462.00)Petty Cash - CC 04/11/16 20-00-1003$250.00 Petty Cash

$250.00


Sewer Fund18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872016-03 $2.17 $0.0003/31/16 ($213.61)Long Distance 04/10/16 40-45-5232$2.17 Phone

$2.17304 University of Colorado, 3100 Marine St A-213, UCB 561, Boulder, CO, 80309-05612016-04-27 $70.00 $0.0003/31/16 ($140.53)Trenching & Excavation Competent Class 04/10/16 40-45-5810$70.00 Conference/Training

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$70.00


Water Fund18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21872016-03 $2.37 $0.0003/31/16 ($241.00)Long Distance 04/10/16 50-45-5232$2.37 Phone

$2.37304 University of Colorado, 3100 Marine St A-213, UCB 561, Boulder, CO, 80309-05612015-04-25 $37.50 $0.0003/31/16 ($628.51)Verbal Communications Class 04/10/16 50-45-5810$37.50 Conference/Training2015-04-25 $75.00 $0.0003/31/16 ($628.51)Verbal Communications Class 04/10/16 50-45-5810$75.00 Conference/Training

$112.50



Schedule A

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General Fund304 University of Colorado, 3100 Marine St A-213, UCB 561, Boulder, CO, 80309-056111022015 $50.00 $12,357.9911/02/15 $1,110.34Drainage, Confirm# 61072 Dunn 11/12/15 10-20-5010$50.00 Employer Taxes09162015 $50.00 $3,000.0009/16/15 ($2,159.28)DefensiveDriving Confirm# 61071, dunn 09/26/15 10-20-5810$50.00 Conference/Training09162015a $150.00 $3,000.0009/16/15 ($2,159.28)DefensiveDriving Confirm# 60940,60939,60941 09/26/15 10-20-5810$150.00 Conference/Training10212015 $150.00 $3,000.0010/21/15 ($2,159.28)SafetyontheJob Confirm#60946,60945,60947, 10/31/15 10-20-5810$150.00 Conference/Training10212015a $50.00 $3,000.0010/21/15 ($2,159.28)SafetyontheJob Confirm# 61069, Landon 10/31/15 10-20-5810$50.00 Conference/Training11022015a $150.00 $3,000.0011/02/15 ($2,159.28)Drainage Confirm#60937,60936,60938; Barnett 11/12/15 10-20-5810$150.00 Conference/Training11122015 $100.00 $3,000.0011/12/15 ($2,159.28)2009 MUTCD Confirm#60942,60944; LaSalle,L 11/22/15 10-20-5810$100.00 Conference/Training11122015a $50.00 $3,000.0011/12/15 ($2,159.28)2009 MUTCD Confirm#61070, Dunn 11/22/15 10-20-5810$50.00 Conference/Training2016-03-01 $100.00 $0.0003/01/16 ($912.54)Roads 101 03/11/16 10-20-5810$100.00 Conference/Training2016-03-10 $100.00 $0.0003/10/16 ($912.54)Signing, Pavement Markings & MU Class 03/20/16 10-20-5810$100.00 Conference/Training2016-03-29 $150.00 $0.0003/29/16 ($912.54)Permeable Pavements 04/08/16 10-20-5810$150.00 Conference/Training

$1,100.00



Schedule A

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General Fund118 TASC, Client Services, PO BOX 88278, Milwaukee, WI, 53288-0001IN757689 $588.00 $0.0003/17/16 ($2,874.40)Annual Fees 03/17/16 10-12-5030$588.00 Other Employee Benefits

$588.00389 Keep Magnolia Clean, PO Box 1706, Nederland, CO, 804661302 $184.16 $0.0003/27/16 ($184.16)Recycling 04/11/16 10-12-5221$184.16 Recycling Services1302 $184.17 $0.0003/27/16 ($184.17)Recycling 04/11/16 10-18-5221$184.17 Recycling Services1302 $184.17 $0.0003/27/16 ($184.17)Recycling 04/11/16 10-20-5221$184.17 Recycling Services

$552.50390 High Performance Homes, PO Box 1403, Nederland, CO, 8046666 $100.00 $0.0003/19/16 ($132.89)Snow Shoveling 04/03/16 10-20-5188$100.00 Excavation Services

$100.00


Community Center Fund389 Keep Magnolia Clean, PO Box 1706, Nederland, CO, 804661302 $184.16 $0.0003/27/16 ($535.16)Recycling 04/11/16 20-25-5221$184.16 Recycling Services

$184.16


Sewer Fund389 Keep Magnolia Clean, PO Box 1706, Nederland, CO, 804661302 $184.17 $0.0003/27/16 ($184.17)Recycling 04/11/16 40-45-5221$184.17 Recycling Services

$184.17


Water Fund317 Denver Electric Motor, 1300 E 58th Ave, Denver, CO, 8021664219 $1,125.00 $0.0003/07/16 ($9,369.44)Morse Pump Motor 03/07/16 50-45-5510$1,125.00 Equipment Maintenance

$1,125.00389 Keep Magnolia Clean, PO Box 1706, Nederland, CO, 804661302 $184.17 $0.0003/27/16 ($184.17)Recycling 04/11/16 50-45-5221$184.17 Recycling Services

$184.17

Schedule A

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Schedule A

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General FundJan Reed, PO Box 147, Jamestown, CO, 80455

2016-04 $42.49 $0.0004/08/16 ($5,011.90)Art at the Center 04/08/16 10-11-5890$42.49 Goodwill

$42.4911 Boulder County, PO BOX 471, Boulder, CO, 8030612904 $1,529.69 $0.0003/17/16 ($1,882.31)Feb Fuel 04/16/16 10-18-5515$1,529.69 Fuel12904 $400.71 $0.0003/17/16 ($927.29)Feb Fuel 04/16/16 10-20-5515$400.71 Fuel

$1,930.4014 Canon Solutions America, Inc., 15004 Collections Centere Drive, Chicago, IL, 606934018699227 $127.59 $0.0003/31/16 ($592.54)Copier - Usage Charge 04/10/16 10-12-5470$127.59 Leased Equipment4018706011 $41.20 $0.0003/31/16 ($435.17)Copier maintenance 04/10/16 10-12-5471$41.20 Office Equipment Mainte

$168.7917 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-03 $284.69 $0.0003/28/16 ($879.54)March Phone Bill 04/07/16 10-12-5232$284.69 Phone2016-03 $85.95 $0.0003/28/16 ($257.85)March Phone Bill 04/07/16 10-12-5233$85.95 Internet2016-03 $54.11 $0.0003/28/16 ($162.20)March Phone Bill 04/07/16 10-13-5232$54.11 Phone2016-03 $200.50 $0.0003/28/16 ($613.02)March Phone Bill 04/07/16 10-18-5232$200.50 Phone2016-03 $85.95 $0.0003/28/16 ($257.85)March Phone Bill 04/07/16 10-18-5233$85.95 Internet2016-03 $32.82 $0.0003/28/16 ($104.62)March Phone Bill 04/07/16 10-20-5232$32.82 Phone2016-03 $66.00 $0.0003/28/16 ($198.00)March Phone Bill 04/07/16 10-20-5233$66.00 Internet

$810.0234 JVA, Inc., 1319 Spruce Street, Boulder, CO, 8030259632 $1,000.00 $0.0003/21/16 ($6,119.61)Town Shop 03/31/16 10-20-6100$1,000.00 Building

$1,000.0035 L.G. Everist, Inc., SDS-12-2515, PO BOX 86, Minneapolis, MN, 55486-2515313398 $797.41 $0.0004/04/16 ($2,259.23)Sand 04/19/16 10-20-5640$797.41 Salt/Sand

$797.4139 Murray Dahl Kuechenmeister & Renaud LLP, 710 Kipling Street, Suite 300, Lakewood, CO, 8021512954 $2,951.50 $0.0003/31/16 ($12,788.14)Legal Fees 04/10/16 10-12-5100$2,951.50 Legal

$2,951.5043 NeoFunds by NeoPost, PO BOX 30193, Tampa, FL, 33630-31932016-03 $765.50 $0.0003/31/16 ($3,115.83)Postage 04/10/16 10-12-5710$765.50 Postage/Shipping

$765.5046 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202016-03 $332.06 $0.0003/18/16 ($756.43)Office Supplies 03/28/16 10-12-5410$332.06 Office Supplies2016-03 $257.75 $0.0003/18/16 ($368.60)Office Supplies 03/28/16 10-14-5410$257.75 Office Supplies

Schedule A

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Description Due Date Account NumberInvoice Amt Account Description2016-03 $58.97 $0.0003/18/16 ($1,060.23)Office Supplies 03/28/16 10-18-5410$58.97 Office Supplies

$648.7848 Peak to Peak Imports, PO BOX 1540, Nederland, CO, 80466260329004 $25.00 $0.0003/29/16 ($25.00)Vehicle Repair 04/08/16 10-18-5550$25.00 Safety Equipment

$25.0053 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662016-03 $27.34 $0.0004/01/16 ($182.19)Trash Services 04/16/16 10-20-5220$27.34 Trash Services2016-03 $575.00 $0.0004/01/16 ($6,119.61)Trash Services 04/16/16 10-20-6100$575.00 Building

$602.3467 David Gloss, 3605 Union Court, Wheat Ridge, CO, 800332016-04 $500.00 $0.0004/01/16 ($3,312.50)Judicial Services 04/11/16 10-17-5105$500.00 Court Services

$500.0073 United Systems Technology, Inc., PO BOX 204814, Dallas, TX, 75320-481487589 $1,965.00 $0.0004/05/16 ($3,230.00)Annual Support 04/15/16 10-12-5421$1,965.00 Software Maintenance87418 $11.76 $0.0003/31/16 ($43.12)ebills 04/10/16 10-12-5730$11.76 Credit Card fees87589 $1,360.00 $0.0004/05/16 ($1,658.10)Annual Support 04/15/16 10-18-5421$1,360.00 Software Maintenance

$3,336.76141 Mountain States Specialties, 1671 Valtec Lane, Boulder, CO, 80301M87004 $200.00 $0.0004/04/16 ($200.00)Uniforms 04/14/16 10-20-5560$200.00 Uniforms

$200.00183 TerraCognito GIS Services, 560 Eldorado Avenue, Eldora, CO, 80466579 $2,500.00 $0.0003/31/16 ($3,580.00)GIS 04/10/16 10-12-5170$2,500.00 GIS Services579 $300.00 $0.0003/31/16 ($3,300.00)GIS 04/10/16 10-15-5170$300.00 GIS Services579 $400.00 $0.0003/31/16 ($400.00)GIS 04/10/16 10-20-5140$400.00 Design

$3,200.00237 Air-O-Pure Portables, PO BOX 1828, Nederland, CO, 80466135545 $105.00 $0.0003/25/16 ($6,119.61)Town Shop Site 04/04/16 10-20-6100$105.00 Building

$105.00304 University of Colorado, 3100 Marine St A-213, UCB 561, Boulder, CO, 80309-056111022015 $50.00 $12,357.9911/02/15 $1,110.34Drainage, Confirm# 61072 Dunn 11/12/15 10-20-5010$50.00 Employer Taxes09162015 $50.00 $3,000.0009/16/15 ($2,159.28)DefensiveDriving Confirm# 61071, dunn 09/26/15 10-20-5810$50.00 Conference/Training09162015a $150.00 $3,000.0009/16/15 ($2,159.28)DefensiveDriving Confirm# 60940,60939,60941 09/26/15 10-20-5810$150.00 Conference/Training10212015 $150.00 $3,000.0010/21/15 ($2,159.28)SafetyontheJob Confirm#60946,60945,60947, 10/31/15 10-20-5810$150.00 Conference/Training10212015a $50.00 $3,000.0010/21/15 ($2,159.28)SafetyontheJob Confirm# 61069, Landon 10/31/15 10-20-5810$50.00 Conference/Training11022015a $150.00 $3,000.0011/02/15 ($2,159.28)Drainage Confirm#60937,60936,60938; Barnett 11/12/15 10-20-5810$150.00 Conference/Training11122015 $100.00 $3,000.0011/12/15 ($2,159.28)2009 MUTCD Confirm#60942,60944; LaSalle,L 11/22/15 10-20-5810$100.00 Conference/Training11122015a $50.00 $3,000.0011/12/15 ($2,159.28)2009 MUTCD Confirm#61070, Dunn 11/22/15 10-20-5810$50.00 Conference/Training

Schedule A

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Description Due Date Account NumberInvoice Amt Account Description2016-03-01 $100.00 $0.0003/01/16 ($912.54)Roads 101 03/11/16 10-20-5810$100.00 Conference/Training2016-03-10 $100.00 $0.0003/10/16 ($912.54)Signing, Pavement Markings & MU Class 03/20/16 10-20-5810$100.00 Conference/Training2016-03-29 $150.00 $0.0003/29/16 ($912.54)Permeable Pavements 04/08/16 10-20-5810$150.00 Conference/Training

$1,100.00


Community Center Fund17 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-03 $204.77 $0.0003/28/16 ($666.01)March Phone Bill 04/07/16 20-25-5232$204.77 Phone2016-03 $115.95 $0.0003/28/16 ($347.85)March Phone Bill 04/07/16 20-25-5233$115.95 Internet

$320.7246 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202016-03 $15.70 $0.0003/18/16 ($590.28)Office Supplies 03/28/16 20-25-5410$15.70 Office Supplies

$15.7053 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662016-03 $119.25 $0.0004/01/16 ($357.75)Trash Services 04/16/16 20-25-5220$119.25 Trash Services

$119.2558 Timberline Mechanical, 3195 Sterling Circle, Suite 150, Boulder, CO, 80301SV22841 $998.91 $0.0003/31/16 ($1,274.08)04/15/16 20-25-5205$998.91 Building Maintenance

$998.9199 Safe Systems Inc., 421 S. Pierce Avenue, Louisville, CO, 80027-3019427486 $103.26 $0.0004/01/16 ($1,274.08)CC 04/11/16 20-25-5205$103.26 Building Maintenance

$103.26


Sewer Fund11 Boulder County, PO BOX 471, Boulder, CO, 8030612904 $123.22 $0.0003/17/16 ($123.22)Feb Fuel 04/16/16 40-45-5515$123.22 Fuel

$123.2217 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-03 $69.04 $0.0003/28/16 ($213.61)March Phone Bill 04/07/16 40-45-5232$69.04 Phone2016-03 $86.95 $0.0003/28/16 ($260.85)March Phone Bill 04/07/16 40-45-5233$86.95 Internet

$155.9934 JVA, Inc., 1319 Spruce Street, Boulder, CO, 8030259513 $100.00 $0.0002/22/16 ($100.00)WW On-Call 03/03/16 40-45-5130$100.00 Engineering

Schedule A

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$100.0046 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202016-03 $1.71 $0.0003/18/16 ($71.39)Office Supplies 03/28/16 40-45-5410$1.71 Office Supplies

$1.7153 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662016-03 $112.00 $0.0004/01/16 ($331.00)Trash Services 04/16/16 40-45-5220$112.00 Trash Services

$112.0061 USABlueBoook, P.O. Box 9004, Gurnee, IL, 60031-9004903984 $400.64 $0.0003/21/16 ($1,361.69)lab equip 03/31/16 40-45-5550$400.64 Safety Equipment909813 $53.22 $0.0003/28/16 ($85.17)reagents 04/07/16 40-45-5670$53.22 Supplies for Resale

$453.86141 Mountain States Specialties, 1671 Valtec Lane, Boulder, CO, 80301M87004 $200.00 $0.0004/04/16 ($316.92)Uniforms 04/14/16 40-45-5560$200.00 Uniforms

$200.00183 TerraCognito GIS Services, 560 Eldorado Avenue, Eldora, CO, 80466579 $350.00 $0.0003/31/16 ($350.00)GIS 04/10/16 40-45-5170$350.00 GIS Services

$350.00306 Intermountain Safety Shoe Store, 15400 W 44th Ave, Suite D, Golden, CO, 8040312209 $170.85 $0.0003/28/16 ($1,361.69)Uniform 04/07/16 40-45-5550$170.85 Safety Equipment12209 $116.92 $0.0003/28/16 ($316.92)Uniform 04/07/16 40-45-5560$116.92 Uniforms

$287.77


Water Fund11 Boulder County, PO BOX 471, Boulder, CO, 8030612904 $298.94 $0.0003/17/16 ($396.41)Feb Fuel 04/16/16 50-45-5515$298.94 Fuel

$298.9417 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402016-03 $77.86 $0.0003/28/16 ($241.00)March Phone Bill 04/07/16 50-45-5232$77.86 Phone2016-03 $86.95 $0.0003/28/16 ($260.85)March Phone Bill 04/07/16 50-45-5233$86.95 Internet

$164.8129 Grainger, Dept. 848534202, P.O. Box 419267, Kansas City, MO, 64141-62679065494057 $313.32 $0.0003/28/16 ($9,369.44)04/07/16 50-45-5510$313.32 Equipment Maintenance

$313.3234 JVA, Inc., 1319 Spruce Street, Boulder, CO, 80302

Schedule A

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Description Due Date Account NumberInvoice Amt Account Description59466 $8,800.00 $0.0002/22/16 ($10,848.64)Big Springs Booster Pump Station 03/03/16 50-45-6550$8,800.00 Infrastructure Improveme

$8,800.0046 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202016-03 $1.71 $0.0003/18/16 ($352.94)Office Supplies 03/28/16 50-45-5410$1.71 Office Supplies

$1.7155 Vranesh and Raisch, LLC, 1720 14th Street, Suite 200, Boulder, CO, 8030231477 $563.25 $0.0003/25/16 ($707.55)Legal Fees 04/04/16 50-45-5101$563.25 Augmentation

$563.2561 USABlueBoook, P.O. Box 9004, Gurnee, IL, 60031-9004895214 $251.34 $0.0003/10/16 ($356.92)lab reagents 03/20/16 50-45-5670$251.34 Supplies for Resale907778 $24.95 $0.0003/24/16 ($356.92)04/03/16 50-45-5670$24.95 Supplies for Resale909813 $53.22 $0.0003/28/16 ($356.92)reagents 04/07/16 50-45-5670$53.22 Supplies for Resale

$329.51141 Mountain States Specialties, 1671 Valtec Lane, Boulder, CO, 80301M87004 $221.44 $0.0004/04/16 ($221.44)Uniforms 04/14/16 50-45-5560$221.44 Uniforms

$221.44



Schedule A

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General Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 8046600006954 $413.45 $0.0002/18/16 ($1,627.05)IT Services 02/28/16 10-12-5110$413.45 IT00006954 $367.75 $0.0002/18/16 ($1,095.00)IT Services 02/28/16 10-18-5110$367.75 IT

$781.20


Community Center Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 8046600006954 $170.00 $0.0002/18/16 ($340.00)IT Services 02/28/16 20-25-5110$170.00 IT

$170.00


Water Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 8046600006954 $28.05 $0.0002/18/16 ($35.55)IT Services 02/28/16 50-45-5110$28.05 IT

$28.05


Downtown Development Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 8046600006954 $22.50 $0.0002/18/16 ($45.00)IT Services 02/28/16 70-75-5110$22.50 IT

$22.50

$22.50Total Downtown Development Fund


Schedule B

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Town of Nederland

TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING

NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 March 15, 2016, 7:00 P.M.

MINUTES

A. CALL TO ORDER Meeting convened at 7:16 p.m. B. ROLL CALL Present: Mayor Joe Gierlach, Trustees Topher Donahue, Kevin Mueller, and Charles Wood

Absent: Mayor Pro Tem Peter Fiori, Trustees Kristopher Larsen, and Randy Lee

Also present: Alisha Reis, Town Administrator; LauraJane Baur, Town Clerk; and Chris Pelletier, Public Works Manager

C. CONSENT AGENDA 1. Approval of March 15, 2016 Accounts Payable, Schedule A 2. Approval of March 15, 2016 Accounts Payable, Schedule B 3. Approval of February 16, 2016 Regular Meeting Minutes 4. Approval of Boulder County Zero Waste Grant Contract for recycling, compost

services 5. Approval of IGA for a Boulder County Sustainability Grant for water fountains 6. Consideration of appointment of Charles Wood to Wild Bear Partnership Project

Committee 7. Consideration of Resolution 2016-06 to cancel the April 5 regular Board meeting in

light of municipal elections held that day Motion to approve the Consent Agenda was made by Trustee Wood, seconded by Trustee Donahue, and passed by unanimous approval.

D. STAFF REPORTS 1. Alisha Reis, Town Administrator Reis referred to a public statement that was drawn up by CML Crisis Communications services regarding a current criminal investigation involving the Mayor Pro Tem. Reis also noted that any questions will be answered by the Boulder District Attorney’s Public Information Officer. Statement is attached. Reis continued to report on grants that the Town has received for various projects.

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2. LauraJane Baur, Town Clerk Baur reported that most of her time recently has been spent working towards the upcoming April 5th election and that election preparations are well underway. Baur also noted that the Frozen Dead Guy Days event went well and that she has received quite a bit of positive feedback so far. Baur will have more information on FDGD in her next staff report. Trustee Mueller asked about reports of gas-operated golf carts being used at the event. Reis answered that this will be investigated and reported on after the post-event meeting.

3. Mary Erwin, Town Accountant Reis reported for Erwin, noting that Erwin has been busy working on the 2015 year-end report and preparing for the annual audit.

4. Paul Carrill, Town Marshal With Carrill out of town, Reis reported that coordination with the Colorado Rangers went well for FDGD and that by using their services the policing fees were cut in half.

5. Chris Pelletier, Public Works Manager In addition to his report in the packet, Pelletier noted that Public Works has been working aggressively on the State backflow prevention program. Trustee Mueller asked if a final report on the water treatment plant electricity issue had been received. Pelletier answered that he had and that he is working with Xcel Energy on solutions and will provide a report to the Board soon. Mayor Gierlach asked for clarification regarding the chart on influent flows and if the increase in 2014 was flood-related. Pelletier responded affirmatively, stating that the flood had shifted the ground and damaged pipes along with the effects of the ground water rising, and that another factor was the delay in receiving recovery funding. 6. Dawn Baumhover, Community Center Coordinator In addition to Baumhover’s report in the packet, Reis noted the April 7th Art at the Center and the April 16th 9Health Fair. E. BOARD OF TRUSTEE REPORTS 1. Mayor’s Report Mayor Gierlach noted that his report is in the packet and discusses the Bolder-Boulder race. 2. Trustees’ Reports Trustee Wood said that there will be no NCCF meeting until April. Wood also noted that the CML Policy Committee is addressing affordable housing and tax exemptions. They are also reviewing marijuana definitions between medical and recreational marijuana and trying to align some of those definitions. Mayor Gierlach added a brief discussion regarding gold carts and ATVs, noting that CML will be supporting a bill regarding golf carts in Nederland. Trustee Donahue spoke regarding EcoPass, noting that currently the Chair of the Nederland EcoPass committee is supposed to be the Board Liaison, but that they would like to be able to elect their own Chair. Motion to permit the Nederland EcoPass committee to elect its own Chair was made by Trustee Mueller, seconded by Trustee Donahue, and passed by unanimous voice vote.


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Trustee Donahue informed the Board that the Planning Commission has reviewed a preliminary presentation of a GIS update regarding potential housing building sites. Trustee Mueller reported that the NDDA met with Colorado Downtown Inc. and will be meeting tomorrow to discuss how to roll out the debt authorization question for the ballot. F. PUBLIC COMMENT ON NON-AGENDA ITEMS (Speakers limited to 3 minutes) Chris Perret, of Nederland, spoke regarding light pollution and a marijuana dispensary sign and noted that the sign does not follow recommendations that had been made by the Marijuana Task Force. Trustee Donahue stated that the Town cannot dictate the rules based upon the content of signs, policy must be made and followed uniformly. Reis noted that the Town is working through a potential ordinance based upon the Dark Sky Initiative. G. INFORMATIONAL ITEMS 1. Proclamation recognizing April 22 as Earth Day Mayor Gierlach read the Proclamation. H. ACTION ITEMS 1. Consideration of Resolution 2016-07 Declaring Nederland a LiveWell HEAL

Town Mayor Gierlach introduced Julie George of LiveWell Colorado, who gave a presentation including a video and Power Point (Attached). Trustee Mueller inquired about grants for showers at the Nederland Community Center. Public Comment: Julie Gustafson, of Nederland, asked how LiveWell Colorado bases their success. George responded that it varies with different communities, but that LiveWell is there to help with next steps in Vision 2020 and #NedZero. Perret, of Nederland, said that he feels that it is a good thing and should be approved. Board comments were all in favor of the program, with Trustee Wood adding concern that the newly elected Trustees be updated regarding the program. Motion to approve Resolution 2016-07 was made by Trustee Donahue, seconded by Trustee Mueller, and passed by unanimous approval.

2. Consideration of a water discount proposal for the Community Garden at 1st Street

Elizabeth Allen, community champion for the Nederland Community Garden, introduced the proposal through the information in the packet. Trustee Wood inquired if this was just to be for the year 2016, to which Allen responded affirmatively. Wood then asked if they were requesting the flat $603 as estimated, or the full amount as it ends up. Allen responded that they are requesting just the $603 and that if the total amount is higher, they will cover that amount themselves. Trustee Mueller asked how they will be metering the water. Allen responded that there is a hose meter on a locked spigot and that she will be monitoring the usage.


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Trustee Donahue asked is the current irrigation on site is drip or spray. Allen said that it was underground with PVC pipes and that it appears to never have been blown out and that the spigots are all broken. Irrigation methods and standards for irrigation for future gardens were discussed. Donahue noted that he would like to see low water standards used for the garden. Public Comment: Robert Bentz and Chris Perret, of Nederland, and Christine Deignan, Gillian Collins, Jennifer Klafin, Reba Lemaster, Camille Thorson, and Katrina Harms, of Boulder County, and Cynthia Bakke, of Ward, all spoke in favor of the garden and the water fee discount/waiver. Trustee Wood said he thinks the garden is a good idea and supports the $603 waiver. Mayor Gierlach spoke in support of waiving all fees for the start-up. Trustee Donahue said he would support a 100% waiver with low water usage. Trustee Mueller stated that he is in support and would like to see this type of waiver as a matter of course in the future. Trustee Wood personally pledged $50 in support if the actual bill exceeds the $603 requested. Motion to approve the $603 fee discount/waiver request was made by Trustee Wood, seconded by Trustee Donahue, and passed by unanimous approval.

3. Consideration of a request from Mountain Pickleball & Tennis re: grant match for court resurfacing

Darren Davenport, of Nederland, spoke as a representative of the Mountain Tennis and Pickleball Association (MTPA) and introduced the item per the information provided in the packet. Davenport discussed the use of the courts and the history of the courts. The MTPA is proposing resurfacing the courts in three phases; this grant is for the 1st phase. The grand requires the Town to match funds. Funds have been appropriated in the 2017-2019 CIP budgets, but doing this now would require taking funds from the general fund reserves to support 2016 spending, which would, in turn, cause 50% of the 2019 funding to be unnecessary. Trustee Donahue inquired about the number of people using the courts. Davenport answered that there are 100 members plus out of town guests. Trustee Mueller asked if there were any alternatives to resurfacing. Davenport responded that the alternative would be the deterioration of the courts and the surface becoming dangerous. Public Comment: Perret, of Nederland, wanted to know if the MTPA is providing any of the funding. Davenport noted that the MTPA is sponsoring the application. Trustee Mueller stated that he is in support but would he is not a fan of discarding old surface and would like to see an alternate surface. Trustee Donahue said that he is in support but would like to see it be more self-sustaining and to subsidize low income youth use of the courts. Marylou Harrison, of Boulder County, responded that they are trying to balance the membership fees of senior citizens with those of more affluent members. Trustee Wood suggested that in light of the LiveWell Resolution, the Town should find a way to combine various health and recreations activities as a budget item.


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Motion to approve the request from MTPA for a grant match for court resurfacing was made by Trustee Wood, seconded by Trustee Donahue, and passed by unanimous approval.

4. Consideration of approval of State grant funds for repairs to the Town’s sanitary sewer pipelines

Pelletier introduced the item, referencing the information provided in the packet. Pelletier noted that the Waste Water Treatment Plant is exceeding capacity during snowmelt runoff periods in the spring and these repairs will help alleviate this problem. The Town will contract with JVA for engineering, utilizing grant funds, which do not require a local match. Pelletier gave further explanation regarding the process and materials to be used. There was no Public Comment and all Board comments were in support. Motion to approve State grant funds for repairs to the Town’s sanitary sewer pipelines was made by Trustee Mueller, seconded by Trustee Wood, and passed by unanimous approval.

5. Consideration of a plan to convert to LED streetlights with Xcel Energy Reis introduced the item per the information in the packet. Trustee Mueller asked if other performance contractors were considered. Reis responded that they were not due to the fact that these are Xcel lamps, but that the Town can review others if the Board would like. Trustee Wood discussed concerns for future decisions and changes in lighting. Mayor Gierlach questioned the location of lamps, particularly which of the lamps the Town owns vs. these Xcel-owned lamps. After discussion of the program, Trustee Mueller suggested that the Town get a performance contract at a better price and with lumens verification included. The Board recommended studying the issue and financing for alternatives, along with performance contracts. There was no vote taken on this issue. I. ADJOURNMENT

Motion to adjourn was made by Trustee Wood, seconded by Trustee Donahue, and approved by unanimous voice vote. The meeting was adjourned at 9:56 PM.

Approved by the Board of Trustees _________________________________ ATTEST: Joe Gierlach, Mayor ___________________________________ LauraJane Baur, Town Clerk


DRAFT

STATEMENT from the Town of Nederland, Colorado March 15, 2016 As many of our citizens are aware, a criminal investigation by the District Attorney for Colorado’s Twentieth Judicial District (Boulder County) has resulted in the indictment of a Nederland Town Trustee. We consider it extremely unfortunate that the Town of Nederland has been entangled in this situation, and we urge our citizens to refrain from making any judgment about the circumstances. Doing so would put this community at a greater risk for negative publicity. We cannot, and will not, discuss events that led to this investigation, and as an entity the Town, its administrator and employees will refrain from any comment until the judicial proceedings have been resolved. As a community, Nederland has much to be proud of and we will not let this circumstance define us, or diminish our collective spirit. Attributable to: Alisha Reis Town Administrator


DRAFT

HEAL Cities & Towns Campaign

Town of Nederland March 15, 2016


LiveWell Colorado LiveWell Colorado is a non-profit organization committed to reducing obesity in Colorado by promoting healthy eating and active living. In addition to educating and inspiring people to make healthy choices, LiveWell Colorado focuses on policy, environmental and lifestyle changes that remove barriers and increase access to healthy behaviors.

2 Page 8/15

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Obesity in Colorado

3


5


Why the Campaign?

Engaging municipal officials in promoting HEAL through policy and environmental change

HEAL in municipal policies = healthy options for residents

Healthy communities = positive economic driver

Focus on low- and no-cost solutions

7


Campaign Focus Areas

Active Community

Access to Healthy Food

Healthy Workplace

8


Campaign Benefits • Use of HEAL Cities &

Towns logo • Recognition on web

site • Free technical

assistance & training • Connecting with

resources • Connecting with other

municipalities • Media Assistance • Recognition at CML

Regional Meetings • Plaque to display in

municipal building


Members of the Campaign

11


Success Stories Lafayette – Walk and Wheel grantee

Northglenn – HEAL Committee; food access assessment

Milliken – Grants for skate park and trail completion

La Junta – Healthy workplace focus & trail plan

9


To see the full Plan, go to: http://nederlandco.org/government/town-documents/

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MEMORANDUM To: Nederland Board of Trustees CC: Nederland Downtown Development Authority From: Alisha Reis Date: April 15, 2016 Re: Administrator's Report

Welcome, New Board! Town staff is excited to welcome the new members of the Board of Trustees and to congratulate former Trustee Kris Larsen on his election as Mayor. We look forward to working collaboratively with you all. Please do not hesitate to reach out to me with any questions.

Town Clean-up Set for June 4 The annual spring Firewise Town Clean-up Day will be held on Saturday, June 4 at the Boulder County Road & Bridge Yard on Ridge Road. This is the same location as 2015. Materials will be accepted, starting at 7:30 a.m. until noon, or until containers are full.

Recyclables will be free, and trash will be accepted for $10 per load (per pick-up or trailer load). More information will be distributed throughout the community in various ways as the event is finalized.

Ahead of this event, residents are encouraged to work on the defensible spaces around their homes. The Sort Yard

will be accepting slash for free, and the Town can assist in distributing any unwanted firewood.

Attached is the County’s recognition of our 2015 diversion rate of 47%. We believe that was low, due to the fact that we had not recorded information on diverted re-use materials. Nonetheless, we will be targeting diversion from landfills of 50% or more of the materials collected.

Old Town resident Keith Larsen collects bikes for repair and reuse at the 2015

Town Clean‐up. He will again collect bikes and parts at the 2016 event.

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Code Enforcement, Building Services Changes There will be new faces this season to assist the Town with code enforcement and building services. Our previous code official, Sherry Snyder, has moved on to Gilpin County emergency dispatch, so you may still see her around the community. However, our previous building official, Chad Johnson, has headed off to a building official position in Washington state.

Starting with the spring season, Jennifer Nelson has begun in code enforcement. Nelson trained with Snyder before she left, including visiting Nederland and meeting staff members. She comes to the position after 4 ½ years in police records management and 9 years in animal control. She has begun visiting with residents, and will offer a courteous approach to the job, seeking to make personal contact with residents whenever possible. She will also be available via e-mail and phone. We have updated the Town’s information page on code enforcement for the season: http://nederlandco.org/government/town-hall/.

The new building official, Michael Abruzzi, has already assumed building duties. He has served as an inspector and plans examiner for various municipalities and agencies for more than 20 years.

Abruzzi and Nelson are scheduled to present quarterly building and code enforcement updates at the Board’s May 3 meeting, and will be prepared to answer questions.

County Provides Update on Transportation Sales Tax Projects Boulder County has issued a report on the status of the 2007 transportation sales tax, which includes funding for the trail to the high school for Nederland students. The report is attached. The sales tax -- 1/10th of 1% -- support projects around the county, primarily those that are regional in nature and that provide connectivity across communities within the county. The tax sunsets in 2023, unless voters approve an extension.

Our trail project, which completes the trans-community trail from the elementary school to the high school, is in the pre-engineering phase. County transportation staff and contract engineers are updating the design and right-of-way mapping to prepare the project for the assembly

of funding (including match dollars for the sales tax funds) and contracting. Construction is expected in the 2018-2021 timeframe.

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Town, Saws & Slaws Awarded Chipping Grants The Town and local Saws & Slaws community group were awarded chipping reimbursement grants for 2016. The grants support chipping and hauling of slash generated from residents’ work on creating defensible spaces around their homes.

The Saws & Slaws program generally host several monthly events, connecting several neighbors at a time to mitigate fuels. More information on that program is available at: http://sawsandslaws.org/saws/ and https://www.facebook.com/SawsAndSlaws/.

The Town will work with Saws & Slaws and other local volunteer groups to host three curbside slash events in June (Big Springs), July (Old Town/Downtown) and August (Sunnyside/Hilltop). More information will be released as it is finalized.

Update on Town Projects

Bag Fee Ordinance – Enforcement of Ordinance 737, more commonly known as the bag fee ordinance, was set to begin after April 15, the first mandatory quarterly reporting date called for in the ordinance implementation plan. About 30 days prior to this date, Town staff sent letters to businesses who are required to report, reminding them of the impending requirement. Four businesses began reporting during the voluntary reporting period, beginning in January 2016.

Ordinance 737 may be reviewed at: http://nederlandco.org/board-of-trustees/ordinances/.

Town Shop – The project was advertising for bid in late October, prior to the Nov. 3, 2015 election, when Nederland voters overwhelmingly gave their permission for the Town to collect the $800,000 in DOLA grant funds already awarded for the project. As you know, bids subsequently came in much higher than anticipated, though through value engineering work with the apparent low bidder, we were able to find significant savings over bid day.

On Feb. 16, 2016, the Board approved re-approaching DOLA for additional funds (requesting $240,000 additional, with Town cash and in-kind match of roughly one to one). As we discussed in February, we were able to reallocate funding from the 2016 CIP and other sources to support the additional request. Notification of the supplementary funds is expected in the next few weeks. Project elements have been prioritized under the existing funds ($1.6 million), and ordering and permitting is underway.

We are expected to complete the project in 2016, with some portions of the project completed in 2017, with planned 2017 CIP funds.

More information on the project is available at: http://nederlandco.org/ongoing-projects/.

NedPeds – The Board approved on July 7, 2015 to move forward with design changes proposed by F&D International, owner’s representatives hired for the project. After rebidding this fall, the Town received one proposal. The Board accepted the bid and

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approved award of contract at a special meeting on Oct. 13, 2015. The Board approved the contract at its Feb. 16, 2016 meeting.

The project is scheduled for kick off at the end of April and completion in the early summer.

Flood Recovery Work – The Town has submitted all necessary grants reporting and reimbursement requests to the Boulder County Flood Recovery Collaborative for federal pass-through grant funds (CDBG-DR) and expects to soon receive the cash to replenish our capital funds for pipeline and roadway projects. This is the final portion of our flood recovery work. We continue to work with Boulder County in their countywide resiliency planning efforts, with staff participating from several disciplines.

As part of our mission to increase facility resiliency, we are installing a back-up generator at the Community Center, which will operate all aspects of the building for evacuation, food preparation and emergency communications, should we lose power. It has arrived and will be hooked into the facility by the end of the month. This was paid for by federal hazard mitigation funds.

STAR Reporting – Prior to the departure of our two-year Best & Brightest Program intern Alex Armani-Munn, Alex submitted our STAR points for verification and potentially awarding of 3-star status. Unfortunately, STAR’s initial review indicated that we did not submit enough points -- at least 200 verifiable points -- to meet our 3-star goal. We have retracted our submission and are reviewing further opportunities for points to resubmit our application this spring.

Follow-up Information Requests No follow-up information requests were made at the March 15, 2016 meeting.

Upcoming Meetings & Events* Tuesday, April 19 7 p.m. Regular Meeting/ Seating New Board Wednesday, April 20 6:30 p.m. DDA Regular Meeting Thursday, April 21 7 p.m. PROSAB Regular Meeting Saturday, April 23 7 a.m. to Noon 9Health Fair Wednesday, April 27 7 p.m. Planning Commission Regular Meeting Thursday, April 28 7:15 p.m. SAB Regular Meeting Tuesday, May 3 7 p.m. Regular Meeting Wednesday, May 4 8 a.m. Coffee with the Marshal (New Moon) Tuesday, May 17 7 p.m. Regular Meeting

*All events at the Community Center, unless otherwise noted.

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24,880

16,420

8,220

2,068

1,640

1,375

1,335

12

140

WASTE STREAMS collected at Spring Cleanup 2015

POUNDS diverted from landfill

CongratulationsNederland

on your Zero Waste efforts!

LANDFILL Waste64,480 lbs., 32.24 Tons

26%

47% 44%30%

99%87%

N iw o t N e d e rla n d G o ld H ill L y o n s W a rd A lle n s p a rk

DIVERSION RATES(2015 Spring Cleanup results for Boulder County communities)

24,880

16,420

8,220

2,068

1,640

1,375

1,335

12

140

WASTE STREAMS collected at Spring Cleanup 2015

POUNDSdiverted from landfill

Congratulations

on your Zero Waste efforts!

LANDFILL Waste64,480 lbs., 32.24 Tons

26%

47% 44%30%

99%87%

N iw o t N e d e rla n d G o ld H ill L y o n s W a rd A lle n s p a rk

DIVERSION RATES(2015 Spring Cleanup results for Boulder County communities)

MOTOR OIL & ANTIFREEZE

.07 Tons

ELECTRONICS1.03 Tons

MATTRESSES.69 Tons

SLASH8.21 Tons

SCRAP METAL12.44 Tons

TIRES4.11 Tons

RIGID PLASTIC.82 Tons

REFRIGERATORS.67 Tons

STYROFOAM

ELECTRONICSNederland collected more than one TON of electronics such as TVs, CPUs, computer monitors, printers, fax machines, laptops, notebooks, ultra books, net books, electronic tablets, digital video disc players, video cassette recorders and video display devices with a screen greater than four inches. Electronic devices contain a number of hazardous elements, such as lead, mercury, arsenic, cadmium, chromium and silver. Computer batteries also may contain nickel- cadmium, lithium, or sealed lead acid. These constituents are not a concern when the equipment is in use, but they can migrate if disposed in a landfill, potentially contaminating groundwater and soil.

Us,

books, video

s and video r than four number of

2015 Spring Cleanup DIVERSION RATE

is a whopping

47%

REUSENederland held a very active REUSE area where residents could leave and/or pickup reuseable items. This is the most beneficial approach for the environment and participants.No diversion weights available.

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Transportation Department 2525 13th Street, Suite 203 • Boulder, Colorado 80304 • Tel: 303.441.3900 • Fax: 303.441.4594 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org

Cindy Domenico County Commissioner Deb Gardner County Commissioner

Elise Jones County Commissioner

TO: Boulder / Broomfield Counties Consortium of Cities Board FROM: George Gerstle, Transportation Director DATE: March 30, 2016 RE: 2016 Update on Countywide Transportation Sales Tax

Boulder County Transportation is providing this report as an annual update on the Countywide Transportation Sales Tax, as required in the ballot language in the 2007 Ballot Issue. This report focuses on the projects completed to-date, those currently underway, and those planned for construction and/or design in 2016. It also provides an overview of the current schedule for projects through 2025.

Transportation Sales Tax Overview

The current Boulder County Countywide Transportation Sales Tax was approved by voters in 2007 and is an extension of a 2001 ballot issue that implements a one-tenth-of-one percent sales tax for transportation improvements. The ballot issue funds a specific list of projects and programs that includes roadway and bikeway improvements; intersection projects; transit projects; pedestrian access projects; and improvements to regional trails (see attached Boulder County CIP -2007 Sales Tax).

Projects are primarily located in the unincorporated County. However, several improvements within the incorporated towns were included as they were deemed to have a “countywide” benefit to the multimodal system.

Summary of 2015 Sales Tax Projects

While Boulder County’s progress in 2015 on implementation of the list of projects funded by the Countywide Transportation Sales Tax was slowed by considerable work on recovery efforts from damage incurred by the 2013 Flood, in 2015 the County spent $488,000 in countywide sales tax funds on design and construction of road shoulder and bicycle safety projects; approximately $585,000 for transit services and programs; $73,000 on regional trails; and $271,000 on program planning and administration. Planning and administration costs were higher than previous years since 2015 was focused on planning and design of both County and partnership projects. However we anticipate administration/design expenditures will return to the previous proportion of the total budget as construction expenditures increase in 2016 as several large projects are implemented.

Table 1 - Summary of Proposed Transportation Sales Tax Programming 2015 / 2016 lists the completed work in 2015 along with proposed project work for 2016 including anticipated funding from project partners, state funds, and federal funds.

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Boulder County Transportation page 2 of 10

Total costs for the 2016 projects are anticipated to exceed $7.5 million from the Road/ Transit Sales Tax Fund and $3.6 million from the Trails Fund. Close to $9.0 million in additional funds is being contributed by the project partners (local governments, regional funding, CDOT, and DRCOG) towards these same projects

The proposed 2016 expenditures are significantly greater than the $1.4 million total from all the funds spent in 2015, due to a number of large projects that were delayed at the end of last year and are now under construction in 2016. For example, the IBM Connector Trail under the BNSF tracks and the Diagonal Highway alone represents a $2.3 million project that has been delayed for many years awaiting action by the BNSF railroad. Boulder County now has an agreement with the railroad and expects the long-awaited trail connection to be near completion at the end of this year.

Progress Report

2016 marks the seventh year of the 14-year Sales Tax approved by the voters in 2007, with funding available starting in 2009. Table 2 (attached) lists the forty-five road and shoulder safety projects; ten transit programs; and twenty-one regional trails efforts that are eligible to receive sales tax funding.

Since 2009, Boulder County Transportation Department, in partnership with the County Parks and Open Space Department; the ten Towns and Cities throughout the County; the Colorado DOT; Colorado State Parks; RTD; the Urban Drainage and Flood Control District (UDFCD); and Great Outdoors Colorado, has completed 23 road/transit projects, seven regional trails projects, four on-going transit support projects and begun planning and design for another 13 projects. Nine regional trails projects have been completed with seven more currently in design or planning.

Last year, the Consortium members requested that we evaluate the progress of the overall program to-date and present a plan for the next seven years of the program, as we are now at the “half-way” point of the fourteen year program. In response to that request we have prepared a draft report summarizing the status of each of the projects contained in the current program, and have met with transportation staff from each of the Consortium membership jurisdictions to review progress and discuss future implementation priorities.

Boulder County is currently working to compile these priorities into a strategic plan that focuses on developing detailed design concepts and updated funding strategies to implement the remaining major projects within forecasted revenues. At that point we would like to go back to transportation staff and review the new plan to ensure that we are on the same page as our partners both with the individual projects and the overall funding strategies. These revised prioritization strategies will guide the program’s remaining seven years and help to ensure that the projects are successfully implemented within the overall program.

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Implementation Strategy

Consistent with the above approach, for the next ten years of sales tax planning and implementation, staff is recommending focus on the following implementation strategies.

1. Complete ongoing projects

IBM Connector Trail (CDOT, BNSF and Boulder) Lyons Main street Enhancement Project (CDOT, Lyons) SH119 / South of Hover Pedestrian Underpass (Longmont, CDOT) 95th Street Reconstruction – Longmont to Lafayette. Part of the County Road

Resurfacing Program (CRRP). Arapahoe Road - 119th to East County Line Road Niwot Road Shoulders – 75th to 95th.

2. Fulfill Funding Partnerships to leverage the sales tax funds and increase countywide benefits as partner funding becomes available. Current partnership projects include: 95th Street Intersections – Isabelle and Valmont (CDOT) 111th Street Widening (Lafayette) US36 Bikeway (CDOT, HPTE, RTD, US36 Corridor Communities) 71st Street Shoulders and Multi-use Path (City of Boulder) 120th Street Bridge over Coal Creek (City of Lafayette / UDFCD) East Lafayette Multimodal connections (South Boulder Road and 120th Street) LOBO Trail - Williams Fork Trail pathway connection (CDOT/City of Boulder). State Highway 42 / Short Intersection. (Louisville) “L” Transit Service (RTD) FLEX Transit Service (TransFort / Ft Collins)

3. Update costs, scope and preliminary planning options of remaining larger/complex road projects through Master Planning that includes preliminary survey, design, project scoping and coordination with program partners. The phasing plans will be adjusted as these project scopes and budgets are further refined and partner funding opportunities are identified. These projects include: East County Line Shoulders – Longmont to Erie

(Longmont, Erie, Weld County) South Boulder Road / 120th Street (Lafayette) Union Pacific Rail Trail – Erie to Boulder (Boulder, Erie, RTD) SH66 Improvements – Main to Hover (City of Longmont) Isabelle Road – 95th to 109th

4. Schedule remaining roadway projects to maximize effectiveness, coordinate with roadway resurfacing needs and leverage funding. The typical planning, right-of-way acquisition and design timeline for these projects is four years. So primary engineering should begin on the following projects between now and 2018: Hygiene Road – US36 to 75th Street Highway 170 to Eldorado Springs (CDOT) 75th/Plateau Intersection

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2016 Sales Tax Projects (Proposed)

For 2016, Boulder County plans to continue on the following partnerships, programs and projects:

Roadway / Bike Shoulder Projects

US36 / Stone Canyon Intersection Improvements. Partnership with the Town of Lyons to signalize the intersection and provide a safe pedestrian crossing of the US Highway. Sales Tax funds for the intersection are being used to match federal funding of the Lyons Streetscape Enhancement project.

State Highway 119 / South of Hover Underpass - Longmont. The City of Longmont has completed design of the pedestrian and bicycle underpass at the western entrance to Longmont and is planning to start construction this year.

US36 Bikeway. CDOT has completed construction of the US36 Bikeway. Payment for the Boulder County portion is due once the project has been inspected and accepted by Boulder County.

State Highway 42 / Short Intersection Improvements - Louisville. The City of Louisville has completed design of the intersection improvements and has been awarded State FASTER funds to fund part of construction. Boulder County Sales Tax will fund 50 percent of the local match.

Highway 93 Shoulders. Boulder County is working with CDOT to close out the final contract for this project.

120th Street Bridge over Coal Creek - Lafayette. The City of Lafayette has been designing a replacement of the 120th Street Bridge over Coal Creek. The project has been awarded UDFCD funds for construction. Boulder County has funds budgeted for 50 percent of the local match for replacement of this structure.

Arapahoe Road Shoulders – 119th Street to Erie. Development in the Town of Erie has widened Arapahoe Road from East County Line Road to half-way to 119th. Boulder County is in design to bring the rest of Arapahoe Road up to County standards with 5-foot paved shoulders.

Roadway / Bike Shoulder Design

South Boulder Road Widening – Lafayette. Boulder County and the City of Lafayette have developed a master plan for the widening of South Boulder Road directly west of 120th Street, including a replacement of the 120th Street Bridge over Coal Creek, new road shoulders and a multi-use pedestrian path along the entirety of the corridor. The City received Federal funding for the multi-use path segment of the South Boulder Road widening and will be constructing that facility in 2018 along with a portion of the planned roadway

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improvements.

95th Street Intersections – Valmont and Isabelle. The two offset intersections on 95th Street has the highest accident rate of any Boulder County intersection and serves traffic traveling between the Town of Erie and City of Boulder, and between Longmont and Lafayette and lacks bicycle facilities despite serving as a regional bicycle corridor. On-going design process includes working with County residents and property owners in the area. Construction is currently scheduled for 2017. Construction is waiting for an Xcel Energy gas line to be replaced and will be coordinated with the 95th Street reconstruction project.

71st Street Shoulders and Multiuse Path. Boulder County completed preliminary plans for the 71st Street Shoulders project in 2014 in order to develop a TIP project submission to DRCOG. The federal funds will be used to add a multi-use path to 1 mile of the corridor and provide improved access between Lookout Road in the City of Boulder and the LOBO Trail that transverse the unincorporated county. Construction of both the path and associated roadway is scheduled for 2018.

95th Reconstruction - Lafayette to Longmont. 95th Street was one of the first County roads to be widened to accommodate the multimodal needs of our communities. The road is in need of full reconstruction including re-establishing its 32 foot width; updating safety features and lane geometry; and improving the roadside embankments to better support the road. Design of this reconstruction is underway and should be ready for construction in 2017 and will be funded from the reconstruction portion of the sales tax.

East County Line Road Master Plan. East County Line Road between Longmont and the Town of Erie is in need of reconstruction and is included on the Countywide sales tax list for shoulders to be added. The master plan will bring together the multiple stakeholders including Weld County who owns the eastern half of the roadway.

Highway 170 Culvert Replacement. CDOT is in the process of replacing a drainage structure on Highway 170. Adding shoulders to SH170 is included on the Countywide Sales Tax list and the new structure must be widened in order to accommodate the shoulder project when it’s complete. The widened structure has increased the cost of the structure, which will be paid from the transportation sales tax.

Highway 42 Underpass – South of Paschal. The City of Louisville is starting design of this pedestrian underpass to link the Louisville and Lafayette trail systems. Boulder County is contributing 50 percent of the design costs and will work with both cities to secure either federal or state trails funds to help with construction.

Niwot Shoulders – 95th to US287. The last segment of planned shoulders for Niwot Road is a long-term project that will require acquisition from private property owners, the potential relocation of a large irrigation ditch, and the use of County-owned Open Space properties. Because these aspects of the

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project will take some time to address, we are starting our design process now, in anticipation of construction before the end of the Sales Tax issue in 2024.

Transit / TDM Projects

Over the past ten years, Boulder County has had significant success of leveraging the Countywide Sales Tax funds with federal and state funding for transit services. Since the beginning of the sales tax the county has received grants for the BOLT mid-day service, the JUMP extension to Erie, the LYNX connecting Louisville, Superior and Broomfield, The “Y” Route connecting Lyons to Boulder, the “L” route connecting Longmont to Lafayette and Denver, and the FLEX connecting Fort Collins to Longmont and Boulder. These grants have extended the purchasing power of the local sales tax fivefold with every additional hour of transit service funded by the Countywide Sales Tax, resulting in five additional hours of transit service.

For 2016, Boulder County is proposing continuation of its support for transit services by providing increased service along two select transit routes - the FLEX, and the “Y” and start new improved service on the “L” Route for which Boulder County has received DRCOG funding to support additional service between Longmont, Erie, Lafayette and Denver.

Work continues on the Countywide Transit Education and Pass Support (CTEPS) program that has now expanded to cover community passes for the Town of Lyons, Gold Hill, Boulder Valley School District (thirty schools) and individual neighborhoods and employers in the County. Support from the sale tax for the pilot Longmont Free Fare Transit (with Longmont) program will continue through the end of 2016.

In an effort to expand the availability of Bike-n-Ride shelters, Boulder County is working with the US36 TMO and with Larimer County to expand the system into those communities. The Larimer County shelters are 100 percent funded through a federal grant. The US36 Shelters are also grant funded, but Boulder County will use the Countywide Sales Tax fund for the local match.

Regional Trails Projects

Boulder County is preparing for the next phase of regional trail implementation.

IBM Connector Trail. This final planned section of the Longmont-to-Boulder (LoBo) Trail has been waiting for the BNSF Railroad to construct a new bridge crossing of Dry Creek #2. The new bridge is scheduled for this year, at which point Boulder County will construct a trail underpass beneath both the railroad and State Highway 119. Once constructed the trail will offer an off-street connection from the Boulder Reservoir to the LoBo trail connecting users from Gunbarrel, Niwot, and Longmont.

Four Mile Creek Underpass. Along with IBM, Boulder County is working with the BNSF on a similar underpass at Four Mile Creek just north of the City of Boulder.

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Regional Trail Facilities and Repairs. Ongoing repairs to the county sections of regional trails along with a new restroom facility at Lefthand Grange Park in Niwot.

Longmont to Boulder Trail - Williams Fork Trail on-street pathway connector. The current alignment for the LOBO Trail through Gunbarrel has a gap between Lookout Road and Twin Lakes Trail system that requires trail users to travel on-street. Boulder County has sought alternatives to this connection for many years and are now working to develop a ten-foot wide multi-use path along Williams Fork Trail to connect Twin Lakes Trail with the sidewalk system within the incorporated areas. Funding from the CDOT Transportation Alternatives Program has been approved, and will be matched from Sales Tax funds and contributions from the City of Boulder.

St Vrain Greenway Trail – Golden Ponds to Pella Crossing. Plans to connect the City of Longmont’s Golden Ponds to the County trail network at Pella Crossing have been delayed by the significant flood damage in that area. Damage to the Greenway Trail is significant enough that construction of this segment is unlikely for a number of years. As a result, Boulder County is working with the city of Longmont to identify potential ways to move forward with the Great Outdoors Colorado grant secured for construction of that trail segment.

Union Pacific Rail Trail – Boulder to Erie. Boulder County intends to start a master planning process for this potential trail connection in 2016. This effort must be coordinated closely with RTD, who owns the corridor ROW.

2016 Revenues

Total proposed 2016 expenditures of $11.2 million on Sales Tax projects are offset by a combination of anticipated revenue from 2016 sales tax receipts; state and federal grants; and unspent “carryover” revenue from 2015 projects.

Sales Tax Program Phasing Plan

The attached Table 2 shows the anticipated project schedule for the projects listed in the 2007 Ballot issue along with an estimated timeline for construction.

There are no large-scale changes in the schedule or priorities of the Sales Tax projects other than some delay in construction of some large projects from last year to this year. Boulder County is working on a 2016 Update to the Sales Tax projects that will include some recommendations for prioritizing the remaining projects, developed in conjunction with staff from the Consortium membership.

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TABLE 1

Summary of Proposed Transportation Sales Tax Programing

2015 / 2016

Countywide Sales Tax

Funding

Other Funds Fed/State & Local *

SHOULDER / INT. PROJECTS 2015

Expenditures 2016

Proposed 2016

CONSTRUCTION Highway 119 Underpass – Airport Rd (Longmont) $ 145,000 $ - $ -

McCaslin/ Coalton Intersection- Phase 2 (Superior) $ 90,000 $ - $ -

US36 Bikeway / Davidson Mesa Underpass (CDOT/Louisville) $ - $ 1,400,000 $ -

Stone Canyon/ US 36 Intersection(Lyons) $ - $ 833,000 $ 147,000

Highway 119 Underpass – S. of Hover (Longmont) $ - $ 625,000 $ 1,600,000

Arapahoe Road Shoulders $ - $ 520,000 $ -

Highway 42 / Short Intersection (Louisville) $ - $ 500,000 $ 1,000,000

120th Street Bridge over Coal Creek (Lafayette) $ - $ 480,000 $ 2,500,000

Highway 93 / Community Ditch Underpass (CDOT) $ - $ 444,000 $ 845,000

DESIGN

95th Street Intersections- Isabelle/Valmont $ 83,000 $ 100,000 $ - 71st Street Shoulders & Pathway (Boulder) $ 75,000 $ 350,000 $ -

South Boulder Rd / 120th St. (Lafayette) $ 47,000 $ 220,000 $ 220,000

Niwot Road Shoulders $ 12,000 $ 100,000 $ - 95th Street Reconstruction (Longmont to Lafayette) $ - $ 410,000 $ -

East County Line Road Master Plan (Longmont to Erie) $ - $ 140,000 $ -

SH170 Shoulders – Ditch Crossing $ - $ 130,000 $ - SH42 / S. of Paschal Pedestrian (Louisville) $ - $ 60,000 $ 60,000

TOTAL ROADWAY $ 452,000 $ 6,312,000 $ 6,372,000

* “Other Funds” includes those received by Boulder County as well as funds expended by project partners.

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Countywide Sales Tax

Funding

Other Funds Fed/State & Local *

2015

Expenditures 2016

Proposed 2016

TRANSIT / TDM SERVICES

BOLT Transit Service/ Final Mile (Longmont) $ - $ - $ -

“Y” Route to Lyons / EcoPass/ Shuttle $ 30,000 $ 90,000 $ 30,000

CLIMB Transit Service (Boulder to Gold Hill) $ 25,000 $ 25,000 $ -

“L” Transit Service (Longmont, Erie, Lafayette) $ - $ 140,000 $ 554,000

Bike-n-Ride Shelters (Larimer County) $ - $ - $ 370,000

Highway 7 BRT Study $ - $ 25,000 $ 225,000

Bike-n-Ride Shelters (US36) $ - $ 40,000 $ -

Countywide Stop Improvements $ 13,000 $ 58,000 $ 130,000

Transit Ed. & Pass Support (CTEPS) (Longmont/Boulder) $ 247,000 $ 235,000 $ 230,000

Longmont Free Ride Program (Longmont) $ 225,000 $ 128,000 $ 65,000

FLEX Transit Service (Ft Collins to Longmont and Boulder) $ 45,000 $ 135,000 $ 552,000

TOTAL TRANSIT $ 585,000 $ 876,000 $ 2,156,000

REGIONAL TRAILS

CONSTRUCTION

LOBO Trail – IBM Connection $ 13,000 $ 1,940,000 $ 431,000

LOBO Trail – 4 Mile Creek Underpass $ 25,000 $ 815,000 $ -

Trail Facilities / Repairs $ 2,000 $ 65,000 $ -

DESIGN

Williams Fork Trail Connection $ 33,000 $ 305,000 $ -

St Vrain Greenway Trail $ - $ 200,000 $ -

UP Rail Trail Master Plan $ - $ 180,000 $ -

US36 Bikeway – Dyer Road Connection $ - $ 35,000 $ 15,000

TOTAL REGIONAL TRAILS $ 73,000 $ 3,540,000 $ 446,000


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Countywide Sales Tax Funding

Other Funds Fed/State/

Local *

TOTAL SALES TAX PROJECTS

2015

Expenditures 2016

Proposed 2016

TOTAL ROADWAY $ 452,000 $ 6,312,000 $ 6,372,000

TOTAL TRANSIT $ 585,000 $ 876,000 $ 2,156,000

TOTAL REGIONAL TRAILS $ 73,000 $ 3,540,000 $ 446,000

ADMINISTRATION / PROJ. MGMT. $ 271,000 $ 431,000 $ -

TOTAL TRANSPORTATION $ 1,417,000 $ 11,159,000 $ 8,974,000

$ 20.133 M

SALES TAX REVENUES 2016 Anticipated

Other Funds

2016 SALES TAX REVENUES $ 5,168,000 $ 8,974,000

FUNDS CARRIED OVER FROM 2015* $ 10,990,000 $ -

TOTAL 2016 REVENUES $ 16,158,000 $ 8,974,000

Estimated Carryover to 2017 Projects $ 4,999,000 $ 25.132 M


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Boulder County Transportation March 2016 Page 1 of 2

Pre-2016 2016 2017 2018-

20212022-2024

CURRENT STATUS

1 SH 7 / E. County Line Road Intx. * ****** Completed

2 N. 119th Street - Arapahoe to SH 7 ****** Completed

3 McCaslin / Coalton Intersection * ****** Completed

4 SH 119 / N. 63rd St. Intersection Construction * ****** Completed

5 East County Line Shoulders - Austin to SH 7 ****** Completed

6 Lee Hill Drive - 4th Street to Olde Stage Road ****** Completed

7 Cherryvale Road Shoulders - Baseline to Arapahoe ****** Completed

8 Ped Connection to City of Boulder Euclid Station * ****** Completed

9 N. 63rd Bridge over Lefthand Creek * ****** Completed

10 Valmont Reconstruction - 75th to 95th ****** Completed

11 Neva/Niwot Shoulders - Foothills Highway to N. 63rd ****** Completed

12 SH 66 / East County Line Road Intersection * ****** Completed

13 SH 93 Shoulders - SH 170 to SH 128 * ****** Completed

14 SH119 Pedestrian Underpass -Airport Road * ****** Completed

15 US 36 Bikeway * ****** Completed

16 Stone Canyon / US 36 Intersection Improvements ****** In Construction

17 Arapahoe Rd. - N. 119th St. to E. County Line Rd ****** In Construction

18 SH119 Pedestrian Underpass -Hover Road * ****** In Construction

19 Isabelle / Valmont Reconstruction - 95th St. Intx. ****** In Design

20 95th Street Reconstruction (part of CRRP) ****** In Design

21 SH 42 Improvements - Short Street Intersection * ****** In Design

22 111th Street Shoulders * ****** In Design

23 71st Street - SH 52 to Lookout Road ****** In Design

24 South Boulder Road Widening - Mallory Drive to 120th * ****** In Design

25 120th Street Bridge over Coal Creek* ****** In Design

27 SH 7 / N. 119th St. Intx. * ****** In Design

28 Niwot Road - 95th to US287 ****** In Design

29 S. 120th Street - Lafayette to Dillon Rd. ****** Concept only

30 Isabelle Road Reconstruction - 75th to 119th ****** Concept only

31 East County Line Road Shoulders - Longmont to Hwy52 ****** Concept only

32 ECL Road Shoulders - SH52 to Jasper Rd. (no OL) ****** Concept only

33 SH170 Shoulders - (Eldorado Springs Drive) ****** Concept only

34 Ped Connection to Gunbarrel Station - Spine Trail * ****** Concept only

35 79th Street - SH 52 to Lookout Road ****** Concept only

36 Hygiene Road Shoulders ****** Concept only

37 SH42 Pedestrian Underpass - S. of Paschal * ****** In Design

38 SH42 Improvements - Empire Road to Baseline Rd * ****** ****** Concept only39 SH42 Improvements - Hecla Drive Intersection * ****** Concept only40 SH66 Improvements - Main to Hover * ****** Concept only

41 75th Street - Plateau Road Intersection. ****** Concept only

42 SH7 Bike Lanes - 5th Avenue to Broadway (Lyons) ****** Concept only

* Project relies on matching funds from local agency / state or federal. Could be accelerated if funding available.

APPENDIX "C"BOULDER COUNTY CIP - 2007 Sales Tax

CURRENT PHASING PLAN

CURRENT ROAD/SHOULDER SAFETY PROJECTS

ESTIMATED TIMELINE

PROJECTS REQUIRING ACTION BY PROJECT PARTNER

PROJECTS REQUIRING PLANNING / PRE-ENGINEERING

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Boulder County Transportation March 2016 Page 1 of 2

Pre-2016 2016 2017 2018-

20212022-2024

CURRENT STATUS

APPENDIX "C"BOULDER COUNTY CIP - 2007 Sales Tax

CURRENT PHASING PLAN

ESTIMATED TIMELINE

TRANSIT PROJECTS1 JUMP to Erie / LYNX Service * ****** Completed

2 Special Transit Bus Barn * ****** Completed

3 Transit ITS * ****** Completed

4 Final Mile Stop Improvements ****** Completed

5 Longmont Free-Ride Program * ****** ****** Final Year

6 BOLT / J Buy-Up * ****** ****** In Operation

7 Countwide Pass Support Program ****** ****** ****** ****** ****** In Operation

8 "Y" Route ****** ****** ****** ****** ****** In Operation

9 "FLEX" Longmont-to-Fort Collins (now includes Boulder) ****** ****** ****** ****** ****** In Operation

10 "L" Route ****** ****** ****** ****** In Operation

TRAIL PROJECTS 1 Rock Creek Trail - US287 to Dillon * ****** Completed2 St Vrain Greenway - ECL Underpass * ****** Completed3 Coal Creek Trail - Mayhoffer to Marshall Mesa * ****** Completed

4 Rock Creek Trail - Mayhoffer to Coalton * ****** Completed

5 LOBO Trail - Four Mile SH119 Connection * ****** Completed

6 LOBO Trail - 95th Street Bridge Construction * ****** Completed

7 LOBO Trail - 83rd to 95th * ****** Completed

8 Coal Creek / Rock Creek Trail - 120th to Flagg Park ****** Completed

9 Coal Creek Trail - Flagg Park to Erie ****** Completed

10 LOBO Trail - IBM Connector * ****** * In Construction

11 LOBO Trail - Four Mile RR Underpass ****** ****** In Design

12 Union Pacific Rail Trail - Master Plan ****** ****** Concept only13 LOBO Trail - William's Fork Connector ****** * In Design14 Nederland Trails (County Road 130) * ****** Pre-Engineering

15 Union Pacific Rail Trail - Design and Construction ****** In Design16 St. Vrain Greenway - Golden Ponds to 61st - phase I * ****** Concept only17 Coal Creek Trail - McCaslin Link ****** Pre-Engineering18 St. Vrain Greenway - 61st to Feeder Canal Trail ****** Concept only19 St. Vrain Greenway - Golden Ponds to 61st - remainder ****** Concept only20 Lyons to Boulder Trail - Trail Master Plan ****** On Hold21 Lyons to Boulder Trail - Design and Construction ****** On Hold

* Project relies on matching funds from local agency / state or federal.num

bers are for reference only and do not reflect prioritynum

bers do not reflect priority !!!

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FREE RIDE

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1

Trustee Kevin Mueller and Cynthia Bakke, P&B Technician, judging at the Blue Ball

MEMORANDUM To: Board of Trustees From: LauraJane Baur, Town Clerk Date: April 13, 2016

Re: Town Clerk’s Report

Update in the Clerk’s Office Frozen Dead Guys Day has come and gone. The change of venue to Guercio Field and the addition of the Bacon, Bourbon & Brews tent both seemed to be positive factors for the event this year. There are a few lose ends that still need to be tied up before the post-event meeting can be held.

In the meantime, the Clerk has been busy in the role of Election Official. The Judges completed counting the votes for both the Municipal election and the DDA election shortly before 1:00a.m. on April 6th. The Clerk

will be busy for the next few weeks catching up on her regular duties that had to be put aside while preparing for the election. For more details regarding the election outcome, see the Election Report further in the packet.

The Building Department issued four building permits from mid-March to mid-April. The Planning Commission did not meet in March. The Planning & Building Technician facilitated five Land Use meetings regarding active applications and/or inquires.

Permits and Licenses Social Media We currently have 1,364 Facebook “likes” (+ 25 from the last report)

We have 1,476 Twitter “followers” (+ 12 from the last report)

The increase in visitors to the Town website due to FDGD and the election can be seen in the chart below during the weeks of March 7th and April 4th.

• Website Stats Report Summary

Licenses # Business 106

Liquor 16 MMJ Store 1 RMJ Store 3

RMJ Cultivation 2

Mar 7-13 Total

Mar 14-20 Total

Mar 21-27 Total

Mar 28 - Apr 3 Total

Apr 4-10 Total

5 week Avg

Pageloads 4829 3781 3414 3706 5556 4257 Unique Visits 2608 1986 1864 2033 3087 2316

First Time Visits 2232 1627 1575 1665 2502 1920 Returning Visits 376 359 289 368 585 395

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1

MEMORANDUM

To: Nederland Board of Trustees From: Paul Carrill, Marshal Date: April 19, 2016 Re: Staff Report – Police Department Details:

· 2016 Frozen Dead Guys Days NPD Notes: The NPD, along with the Nederland Town Clerk, Public Works, and Nederland Area Fire Protection District worked closely with the FDGD Event Coordinators to create a comprehensive event plan for the 2016 FDGD Festival. The NPD required the FDGD event to provide and fund their own Security Detail, Traffic Detail, Parking Detail and Crossing Guards. To additionally reduce the overall event cost and meet the law enforcement staffing requirements, the NPD contracted with the Colorado Mounted Rangers (CMR), a no-cost, voluntary Colorado law enforcement auxiliary. The CMR’s provided over 15 Rangers during the 3 day event, resulting in a savings of over $9000 in law enforcement services to the event and allowing the NPD to provide consistent law enforcement services to the community as well as the event. The NPD also worked with Indian Peaks Radio Club (IPRC) to provide no-cost, volunteer dispatch services to the event. IPRC managed to coordinate 4 radio systems/channels and provide seamless communication services to the NPD, Event Coordinators and staff.

· 2016 Summer Transient Meetings with NPD, Town of Nederland, US Forest Service, Boulder County Sheriff’s Office and Community Groups. For the past year, the NPD has been working closely with the US Forest Service, Boulder County Sheriff’s Office and local Church and Community Groups to increase communication and develop a uniform law enforcement approach to address community concerns regarding illegal camping within the Town of Nederland, transients and the issues associated with the transient lifestyle. Based on these meetings, the NPD is prepared to implement a number of these collaborative suggestions.

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· NPD Annual Training Update: The NPD has implemented its 2016 Training Program to meet the current Police Officers Standardize Training (POST) requirements. All NPD Officers have attended 12 hours of training. This training included: Defensive Tactics, Community Oriented Policing (COPS), Anti-Bias Policing, De-escalation of Force, Rapid Emergency Deployment and Rescue Task Force Tactics (active shooter tactics). The Police Clerk is also receiving current and on-going training in the areas of: Court Operation, Sex Offender Registration, and Boulder County Communication Web Access. All NPD staff attended the annual Town of Nederland in-service training presentation.

· The NPD is now fully staffed with two new NPD Officers. Officer David Stage is our newest full-time Police Officer and Officer Wesley Kugel is our newest Part-Time Officer. Kugel is a local resident and has family in the greater Nederland area. Both Officers are currently going through their Field Training Program.

· Marshal Carrill held his first 2016 “Coffee with the Marshal” meeting at Salto’s on 04/06/16. The attending citizens asked questions ranging from summer transient issues, illegal camping, and special events to traffic enforcement.

· Town of Nederland completed the 2016 Boulder County Hazard Mitigation Plan. The Hazard Mitigation Plan was approved and accepted by FEMA, thereby approving current and future FEMA reimbursement in the event of a qualifying emergency.

· The NPD is scheduling a meeting with local business owners to discuss their needs and concerns regarding the upcoming summer season. The public meeting is tentatively scheduled for the end of April at the Community Center.

· Based on current full staffing and the need to address criminal investigations in a timely, uniform and professional manner, Marshal Carrill will be assigning an NPD Officer to a newly created Detective position within the Police Department. This assignment will investigate all crimes beyond the Patrol level and work closely with other law enforcement agencies, District Attorney’s Office, victims, the community and area schools. The assigned NPD Officer will be attending the 2016 Criminal Investigations Course in Boulder, Co.

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2016Crime in Nederland Report

Incident Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec EOY Total Assault 1 1Accident 6 6 12

Alarm Call 3 1 4Animal Call 9 19 11 39

Animal Poisoning

Arrest 2 2 4Arson

Assault on LEO 1 1

Bar ComplaintsBurglary 1 1

CCW W/ArrestChild AbuseCivil Matter 2 5 1 8

Criminal Impersonation 1 1

Criminal Mischief 1 1

Disturbance 1 9 4 14Domestic Violence 1 5 3 9

Drunk Disorderly 2 1 12 15

DUI Summons 2 1 3Elder Abuse

Fire Call 2 3 2 7

Found Property 4 5 9Harassment 4 4 1 9

Illegal Camping 1 6 8 15Indecent Exposure

Juvenile Case 2 2 1 5KidnappingLandlord/

Tenant Civil 2 2Littering

Lost child/adult

Medical Call 4 11 10 25Menacing



Mental Health Hold 4 4

Incident Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec EOY Total

Missing Person 1 2 3MJ Grow

Complaint

Motor Vehicle Theft 1 1

Motorist Assist 12 27 16 55Murder

Noise Complaint 2 5 3 10

NPD Mediation 4 2 6Obstruction of

Justice 2 2Outside Agency

Assist 12 66 40 118Poss./Dist. of Illegal Drugs 1 1 2

Property Damage

Protection Order 3 4 2 9

Protective Custody

Public Alcohol Consumption 1 25 26

Public MJ Consumption 3 3

Public UrinationRape

Resisting ArrestSex Offender

Register 3 1 4Sexual Assault 0

Shooting Complaint

Suicidal Party 2 4 3 9Tampering 1 1

Theft 4 4 6 14



Traffic Summons 24 66 41 131

Transient/PED Contact 1 19 9 29Incident Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec EOY TotalTrespass 3 3 1 7

Unattended Death 1 1 1 3

Warnings 20 110 113 243

Warrant Arrest 3 3 3 9

Welfare Check 1 6 3 10

Total 883

Type equation here.


MEMORANDUM

To: Board of Trustees From: Chris Pelletier, Date: April 10, 2016 Re: Public Works Staff Report

Hello again, this month’s staff report will be an update of ongoing projects along with some brief explanations to help bring new members up to speed on the variety of large projects that are in the works. As usual, Public Works is running a very fast and progressive pace to keep up with the demand of day to day operations along with moving our various projects forward. This past month a number of our staff from Public Works went through trainings that advance the knowledge of the department and further our goals of developing a competent and capable staff. Our Parks person, Nicki Dunn completed an ADA Title 2 certification. All towns are required to have at least one person on staff with this training. Being able to identify the needs of folks with disabilities and ensure our facilities can accommodate them is very important and something that Public Works strives to improve. Our Utilities Supervisor, Nicole Bratsos, and Operator, Megan Falicchio, went through a week-long training on the basics of Activated Sludge which is the basis of operations for Nederland’s Waste Water Treatment Plant. This knowledge is fundamental for operations and a necessary skill for our operators to have. Our Streets Supervisor, Monica LaSalle, Operator, Nathan Barnett, and myself, went to a class on maintenance and design standards for permeable pavers and asphalt, knowledge critical to the success of the Ned Peds project.

Along with our trainings and day to day operations, Public Works has taken on the task of improving our recycling and furthering the town’s goals of zero waste at all our facilities. Nederland received a grant to help with this endeavor and is working to add compost collection to all town facilities. In an effort to offset the extra cost of recycling, Public Works has reduced our trash collection

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budget in half in favor of better recycling practices. The bulk of our trash and recycling comes from public waste receptacles throughout town that Public Works collects on a regular basis. Public works will receive Monthly diversion reports. These reports will show separately what town facilities divert from the landfill verses what public receptacles are diverting.

Streets:

The Streets Division has been busy with several projects this past month. A snow storm and icy conditions put us into plow mode in mid-March. Our current plow/sanding truck is the back bone of our operation and is a very efficient snow removal tool however, it happens to be the oldest vehicle in the fleet. 30 years of sanding has left the undercarriage and sanding components in a deteriorated state causing staff to make repairs to it on a weekly basis. Public Works will be exploring options for purchasing/leasing a new vehicle for next season.

PDM Grant:

Streets has completed its obligations to satisfy the PDM (Pre-Disaster Mitigation) Grant that Nederland received to thin wooded areas on town owned land. The last section mitigated was the conservation easement at the new town shop site which had to be completed by March 31st as a condition of the grant. This was a fairly labor intensive and time consuming effort that involved cutting trees in hard to access areas and dragging them out. Boulder County helped us tremendously by providing labor and a machine to chip everything we cut.

TAP Grant:

TAP (Transportation Alternative Program) is a grant that helped fund the sidewalks in town. TAP also funds environmental storm water mitigation. Streets has been planning a drainage plan for two areas in town in hopes to acquire grant funding. The two areas we are focusing on are Pine Street and Big Springs Drive, two areas that are severely impacted by poor drainage and storm water diverted from the highway. By identifying specific drainage basins and approximate flows during storm events

we will be able to determine necessary culvert sizes and locations and possible areas for retention ponds to reduce flow in ditches. This project should be a nice fit for the grant we are applying for which is due in August. One of the projects that Streets has been working on that has been a valuable contribution to this effort is identifying and mapping every culvert in town to better understand drainage and scheduled maintenance. This information gets input using GPS and GIS to create a permanent working assessment that is accessible to staff and engineers for planning purposes.

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Pot Holes:

This is a challenging time of year for road maintenance. Roads thaw, pot holes form from snowmelt and then fill with water. While on the surface it appears the roads may be thawed but in actuality there is still ice and frozen material. Cutting roads that are icy and watery only serve to exasperate the problem and turn them into mud. Public Works will try to address pot holes as they develop but will not be grading until the time is appropriate. With our focus on culverts last year we will divert snowmelt into ditches hopefully drying roads faster making them workable sooner. Public Works will honor all work orders in a timely manner and fix potholes. One way that we are able to fix potholes is to use large angular gravel that will stay put in the hole and not turn to mud when it is mixed with water.

Town Shop:

Construction of the new town shop is in its beginning stages. Streets is doing the town’s part by clearing the site in preparation for excavation. The construction trailer will be showing up on site later this week. We have acquired the ROW permit for running the water line to the site and have started scheduling the installation. We are shooting for April 25th for the start of the water line. The contractors will be working under the supervision of the town to ensure proper installation and disinfection procedures while fulfilling the Boulder County ROW requirements.

Ned Peds:

Ned Peds will be starting in the next couple of weeks. This is a project that connects a walking path from the Library to the Post Office via Second Street. In addition to the walking path, Second Street will also be rebuilt. This design incorporates a permeable surface concept that allows storm water to infiltrate into the ground rather than run off into the creek affecting water quality. Allowing water to infiltrate into the ground, will reduce erosion and pre-filter storm water before it returns to the water shed. This is a cool concept however, not a typical design for a mountain environment. This type of road is generally used in an urban environment with little surrounding vegetation and where other dirt roads don’t exist. It is absolutely critical that this road never get dirty. This road will become the most costly 1000’ of road to maintain which will require regular vacuuming. The Utility division spent a lot of time mapping and recording valves and underground utilities.

Clearing the shop site for excavation.

Utilities has been working to GPS our water valves before the project begins.

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Utilities:

The Utilities Division also has a multitude of projects in the works including rebuilding the Big Springs Pump house, Backwash diversion, State mandated back flow prevention, Sewer Pipeline Rehabilitation, Sludge Hauling, and Engineering for re-lining the sludge pond. In addition to these projects, normal operations can be very demanding. Utilities also continues to work on efforts to GPS water valves and manholes with the end goal of having a clear, accurate, and reliable map. The Meter installation project is coming to a close and transitioning to a maintenance and up-keep program with only about 10 meters left to install out of roughly 780.

Waste Water/Collections:

This was a challenging month at the waste water plant with number of issues diverting our attention. Faulty effluent pumps consumed a lot of time and caused a long drawn out process of elimination that normally would be resolved by simply installing a back-up pump and sending the faulty one down for repairs. Unfortunately when our back-up pump was installed, it too was faulty leading the department to think it was another issue. A commercial electrician was hired to check drives and wiring. The remaining working pump was switched around several times. The 17’ deep basin was emptied and staff was sent to inspect the inlets of the pumps for obstructions, and the piping itself

was checked to be sure that there were no clogs. As it turned out there were no issues on our end and all evidence pointed to two faulty

pumps. It can be very frustrating to have to convince a service department that their products are faulty when they insist they are not. Nonetheless, through this process of elimination, all evidence pointed to the pumps and the service department ultimately realized the issue and repaired them. Sending staff into a basin is dangerous procedure that uses harnesses, confined space entry protocols, and three people for several hours to ensure proper safety practices are followed.

Another issue at the waste water plant had to do with problems with the sand filters that provide tertiary treatment for phosphorus removal. These filters can be very finicky and when they stop working can pose weeks of problems that seem to snowball. These filters consist of piping imbedded in 10’ of sand in a 19’ deep basin. It is virtually impossible to access the bottom of the filter making it imperative that nothing ever gets dropped into it. Routine maintenance is critical to ensure reliable operation and because of the particular application of these filters, maintenance is a rare skill that can only be learned on the job. Sand Filters can be a

nightmare to repair

Danny in the EQ Basin

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Pipeline Rehabilitation:

Nederland received a third grant for the rehabilitation of our sewer system for the amount of $256,000. This is the third such grant in as many years and is for the purpose of repairing the sewer system to prevent ground water from entering and being funneled to the waste water plant causing it to exceed capacity. Otherwise known as I&I (Inflow and Infiltration). Staff is working to identify areas of concern. One way to find problem areas is to open

manholes in the wee hours of the morning when there should be very little flow. If excess flow is observed then it is noted and a camera crew is hired to video that section of sewer main. Several sections will be inspected and videoed this month as potential candidates for repair. There will be coned off areas throughout town this month while we start the planning phase of identifying issues for repair. Repairs will be slated for later this year.

Sludge Hauling:

Sludge hauling will begin this month at the waste water plant and a plan to dredge the pond is being formulated for mid-June. Sludge is a byproduct of the waste water treatment process and accumulates at a fairly high rate. The only way to remove sludge from the plant is to either pump it to the Sludge Pond which is done all winter, or pump it directly to a truck and haul it away. We haul sludge in the spring and summer to avoid odors but ultimately sludge put into the pond inevitably must also get hauled away as well. The budget for this is $70,000. Trucking sludge down the hill is very expensive and obviously unsustainable and flies in the face of the towns goals for zero waste. I would encourage Board members to review a Biosolids Study that was produced in 2015 that proposes alternatives and options to this method of disposal. While none of the options are cheap, it at least provides an avenue toward an end goal which is keeping sludge here and composting it. $70,000 per year could pay down a loan for a bigger project that gets us to the town’s end goal for waste water treatment.

Staff jetting sewer mains prior to camera work.

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Sludge Pond Relining:

To ensure water systems comply with state regulations an inspection is performed every few years called a Sanitary Survey. During Nederland’s last Sanitary Survey of the waste water plant, the state required that Nederland perform what’s called a Seepage Study of the Sludge Holding Pond. This is a typical requirement of holding ponds to ensure they are not leaking and potentially contaminating groundwater. The cost of a Seepage Study is around $15,000 however, 40 year old ponds of this nature with no liner rarely pass a seepage study which results in having to line them with an impervious material. In the professional opinion of our

on-call Engineers, JVA Inc, our ponds will probably not pass a Seepage Study. I have instructed JVA to provide options for engineering costs associated with either relining or some alternative that will align with the Biosolids Study that was presented to town last year. It makes more sense to use the funds for the purpose of achieving the desired end result.

Water Plant/Distributions:

The water plant is running fairly smooth right now and producing good quality water. We are approaching run-off, a time of year that demands a bit of time toward testing water quality. During run-off snowmelt running off the surface causes more organics to enter the water creating a demand on chlorine and affecting the color of the water. Close monitoring is required to anticipate this change in water and respond. There are also several projects going on in this department. We are expecting a Sanitary Survey and are anticipating having to fulfill several new requirements. One of which is backflow prevention.

Backflow prevention:

A backflow prevention device is a component that is installed on water services that prevent the possibility of water from flowing backwards from a residence or business into the distribution system. This can happen a number of ways but one way is in the event of a fire. Drawing water from a hydrant at 2500 gallons per minute can cause negative pressure in the distribution system which would result in water flowing backwards. The State requires that all commercial businesses and multifamily properties have a backflow device installed. These devices must be inspected annually by a professional certified in backflow devices. Additionally, the water system, or more specifically, the operator is required to monitor and keep records of devices in the system and their certifications. Another mandated regulation on our plates that make us sort of water cops. It is necessary for the department to have its ducks in a row prior to the Sanitary Survey.

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Big Spring Pump House:

This project addresses the pressure sustaining station on Big Springs Drive that provide pressure to a portion of Big Springs and also fire flow for the entire subdivision. The existing pumps in the station are unreliable and in efficient. This project will combine two buildings into one, reducing heat and energy consumption making the facility more efficient. The pumps will be modernized so they will be compatible with our existing SCADA system and sized for future upgrades of the distribution system. As part of the project, a comprehensive flow model was created to assess to flow rates in the various zones and size the pumps appropriately. This also serves to help with future planning when it comes to figuring out what pipelines to upsize. This project addresses the limitations of the pump and sizes it appropriately but ultimately flow rate is limited by the size of the pipe. Many of the pipelines in Big Springs are only being 4” in diameter. Because of those smaller diameters, flows of only 500 gpm are available for fire flow in some areas. The flow model identifies these deficiencies and is able to model changes of pipeline sizes of certain sections to achieve better flows. The model will help to plan which sections to upgrade that will give us the biggest bang for our buck. This is very valuable for future planning. Construction of this project will begin in July.

Backwash Diversion:

Backwash is a necessary step of the water treatment process. As water flows through the water filters, contaminants on the outside of the filter begin to clog them up. Every 26 minutes, filters go through what is called a backwash sequence that pumps water backwards through the filters and then scours them with air to remove built up debris. This backwashed water then gets discharged to the waste water plant which makes up for a portion of the overall capacity of the plant. Roughly 20,000 gallons get sent to the waste water plant daily. In order to reduce the load on the waste water plant a plan was created to return backwash water to the creek. While this plan is mostly in the conceptual stages, much planning and testing has taken place to make this a reality. Additionally, the state accepted our relatively simple conceptual plan and has awarded Nederland a discharge permit based on this concept. The next step is to make concrete engineered drawings of the design which can happen within this year’s budget and begin construction next year. This project is identified in the CIP budget for 2017.

Lab analysis for Backwash Diversion

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MEMORANDUM To: Board of Trustees From: Dawn Baumhover

Community Center Coordinator Date: 4/14/16 Re: Staff report

Community Center staff has recently been working as event planners! Art at The Center and 9Health Fair happened to fall one week apart this month. The department is grateful to have staff support both in house and at Town Hall that allows us to facilitate these two diverse events. Feedback on our first run as sponsors of Art at The Center was positive. We are actively soliciting volunteers for a working art committee for future receptions.

The 9Health Fair has been rescheduled for Saturday, 4/23. The Nederland Site Team closely monitored weather forecasts and models throughout this week. Based on these predictions, the decision was made Thursday morning to postpone the Fair. The site team is busy rescheduling screeners, coordinators and getting the word out to the public of the change. This is a huge endeavor. Many thanks to the volunteers and Community Center staff supporting this effort.

The generator work is proceeding and close to being finalized. That said, not in time for the current weather event that may bring us conditions typically resulting in a flood scenario at the CC. The french drains and sump pumps all work well to keep the facility dry. Our flood scenario occurs when the power fails. We currently have back-up generators staged and portable pumps ready to place. Staff is flood- proofing the office area to minimize impact if a flash melt proves problematic.

WeatherCloud, a Boulder based company has deployed a fixed weather station at the top of the trailhead in the Community Center parking lot. They are testing new Equipment they refer to as Weathermesh. Pictures, information and project description provided by the company on their intriguing work are included below.

WeatherCloud is a Boulder, CO based company that specializes in sensor and software technology that turns vehicles into mobile weather observation stations: http://weathercloud.co

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http://weathercloud.co/

http://weathercloud.co/

We currently have sensors deployed with CDOT, Utah DOT, Iowa DOT and the largest one by far is Alaska DOT Fairbanks. As part of our work with Alaska we have entered into a project with them to create a Fixed Weather Station that is meshed together with wireless technology (WeatherMesh). We have created the prototypes and were looking for the first place to deploy and test. Jeremy Tomlinson, a longtime Nederland resident and homeowner, suggested that Nederland would be a great place to test a prototype Fixed Weather Station. That is what we have deployed on your property. As you know, many areas have discrete microclimates and often times just down the road or across a ridge. Typical forecasting or weather reporting generally cannot provide accurate information about what is actually happening in an area. We intend to solve that issue with these weather stations. These coupled with a few mobile sensors on vehicles that are generally on the move provide a hyper-local reporting of what is taking place on the roads and in the area. Here are some pictures and screenshots with some narrative.

Here is the Fixed Weather Station at the Community Center with the engineers who deployed it. Jeremy is on the right.

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The radio on the top of the weather station is linked across the valley to Jeremy’s house and then attaches to the Internet there.

This is the receiver at Jeremy’s house.

The stations then report across the Internet and show up in our management software.

Early this week we will be adding the sensors everyone is really excited about, that being wind sensors.


Trustee Report

To: Board of Trustees

From: Trustee Randy Lee

Date: April 14, 2016

This is my final report as a trustee, and my intention is to provide a summary of where various projects that I have

been involved with stand, as well as some lessons learned and general observations and musings about our

Town’s government for the benefit of our new Board.

Parks, Recreation, Open Space, Trails

My involvement in Town affairs began with an invitation to attend a meeting of the Nederland Skatepark Advisory

Committee (NSPAC) in the summer of 2004. Participation in NSPAC led to my leadership of the skatepark effort, as

Executive Director of the NPO (NEDSK8) that arose out of it, and ultimately to becoming a member (2008), then

Chair (2010), of PROSAB. When I applied to fill a vacancy on the BOT in 2011, it was with the understanding that, if

appointed, I would retain my PROSAB membership as the BOT liaison. Parks and recreation have remained

primary interests for me, and I’m proud of what PROSAB has accomplished during this time, including:

PROST Plan Update (adopted 2013)

The updated Nederland Parks, Recreation, Open Space and Trails Plan is the PROSAB “Bible,” as the

board’s mission is essentially to maintain and implement this plan. The planning process was overseen by

a steering committee that had broad community representation, included close cooperation and

collaboration with Town Staff, a community-wide statistically valid survey and a robust (pre-NPP) public

process. I convinced the master plan steering committee to reject our consultants’ initial offering of a

rather uninspired laundry list of actions and objectives in favor of a more novel series of visions for each

area covered by the plan with actions and objectives to realize the visions. The Plan received a GOCO

Starburst Award for excellence in the use of Colorado Lottery funds.

Adopt-a-Park Program

A PROSAB initiative, the Adopt-a-Park program demonstrated a means of leveraging scarce Town

resources with volunteer efforts.

Noxious Weeds

PROSAB resurrected the community weed-pull in 2013, over a decade after community volunteers

abandoned the effort for lack of resident participation. The following year, the Sustainability Advisory

Board took over leadership of the weed effort, with PROSAB and NDDA participation. The weed

committee is now back under PROSAB leadership. The committee produced a noxious weed management

plan that was adopted by the Town in 2015 and has obtained grants to support eradication efforts.

Forest Health

Forest health became a PROSAB concern in 2008 under Dallas Masters’ leadership, when Dallas, and then

Keith Nowicki, began participating in the now-defunct Indian Peaks Forestry Alliance. No other Town

board or department was focusing on forest health or wildfire mitigation at the time, so PROSAB

(somewhat reluctantly) took this on, and the area of forest health is one where PROSAB has been

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particularly effective. In recent years, PROSAB has helped forge strong ties between Town government

and the US Forest Service and with the foresters of Boulder County Land Use, Boulder County Parks and

Open Space and the Colorado State Forest Service. We have written letters of support for area fuels

reduction efforts, offered formal comments to Forest Service projects and hosted County and Forest

Service outreach events. PROSAB successfully advocated for a rollaway dumpster at the Nederland

Community Sort Yard for pine needle and noxious weed collection (partially funded by the Town). In

addition, PROSAB spawned a couple of successful programs that are now operating independently,

Nederland Saws and Slaws and the Nederland Firewise Communities Action Committee.

PROSAB organized the Nederland Saws and Slaws program in 2012, one year after Cesar Gellido initiated

Saws and Slaws in Coal Creek Canyon. The program, which has received regional and national recognition,

has proven to be an effective mechanism for raising awareness about wildfire preparedness, for helping

homeowners to mitigate their property with a minimum of cost and for community building. The

Nederland group owes much of its success to former PROSAB member Alan Brewer, current member Kris

Hess, area resident Marc McClish and to Town support. Saws and Slaws intends to form a 501(c)(3) NPO

this year, but meanwhile the Town continues to provide the Nederland group with critical liability

coverage that enables us to operate.

In 2013, PROSAB formed a Firewise Action Committee and applied for and obtained recognition as a

Firewise Community from Firewise Communities USA, the second Boulder County community to do so

(the small Lake of the Pines subdivision beat us by a few weeks). We renewed in 2014, but not in 2015, as

our committee members felt we fell short of requirements, with too little “Firewise” in our “Firewise

Town Cleanup.” We will apply for recognition again in 2016, with a renewed effort to emphasis the

Firewise aspect of the cleanup and a series of neighborhood slash pickup events.

Big Springs Emergency Egress

The most recent effort to secure an emergency egress route from the Big Springs neighborhood began as

a PROSAB initiative (as with forest health, it was something that needed done, and no one else was doing

it). This became more of a personal effort, in collaboration with the Town Administrator and Fire Chief, so

I’ll return to this later in this report.

Town Voice

In recent years, PROSAB has provided important input to the County and the Forest Service on matters

relating to parks, open space, trails and recreational sport shooting, giving Nederland a voice that would

otherwise not be heard.

There have also been a few PROSAB disappointments, the biggest being our failure to reach an agreement with

the City of Boulder to establish a boating program, after putting considerable effort into defining a sustainable

volunteer-based program that met all of the City’s earlier stated requirements. Nederland has been seeking to

boat on Barker Reservoir ever since dam construction was completed, and there is no reason to abandon the

attempt, but I recommend waiting until such time as a parks and recreation district may be formed, as the current

Boulder leadership seems loathe to entrust oversight of a program that could impact their water quality to

volunteers, no matter how professionally run the program.

PROSAB outlook for 2016

PROSAB hasn’t formally drawn up its usual yearly action plan, but members have spent considerable time

discussing realistic and achievable objectives. The consensus has been to, first of all, focus on completing some

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ongoing projects that have languished a bit, namely an update to the Nederland Area Trails Master Plan and

management and maintenance plans for the Town’s parks and open space assets. Once these are finalized, a top

priority will be build out of Barker Meadow Park. Other priorities for the year are:

Revitalization of the Adopt-a-Park program

Continued support for noxious weed eradication

Achieving recognition as a Continental Divide Trail Gateway Community

Attempting to focus on fewer projects, and to return to its core parks, recreation, open space and trails foci,

PROSAB is spinning off the Firewise Action Committee (FAC) and ceding to the latter oversight of forest health

concerns. Expect to see a resolution soon that accords the FAC official status as a Town committee, but Trustees

should resist any temptation to charter it as a typical Town advisory board. A fundamental strength of the FAC is

that it has had fluid membership with informal representation from agencies that would never consider applying

for a fixed board position, namely Boulder County, the State Forest Service, the Nederland Fire Protection District

and Saws and Slaws. I plan to continue my work with this committee (this, along with Saws and Slaws, will be my

only remaining long-term volunteer commitments), along with our Town Administrator and newly-elected trustee

Masters, and I anticipate that several PROSAB members may participate, as well.

More on the status of 2016 PROSAB priorities:

Nederland Area Trails Master Plan Update

Lesson learned: No matter how straight forward and simple it may seem to update an existing plan,

obtain a grant and farm it out. This project got off to a great start with a draft written by former member

Scott Hammers, but Scott rotated off the Board before the draft was finished, and PROSAB has struggled

to keep the process moving. We are now close to a final draft, which I expect to have ready in time for

consideration at the April PROSAB meeting. PROSAB will present it to the BOT for direction as to a final

public process for feedback on the draft.

Parks and Open Space Management Plans

Lesson learned: As above, hire a planning firm. Yes, volunteers can do these things, but things come up …

I took these on, along with former PROSAB member Debbie Davenport, and we made great progress, until

I ran into some health and family challenges a year and a half ago, and then everything ground to a halt.

This is not something that can be easily handed off; I am just picking this up again, with the expectation of

having a draft for PROSAB in May. This is high priority, as, along with management and maintenance, this

plan will include recommendations for standardization of park amenities and fixtures, and there are

purchases waiting on these standards.

Adopt-a-Park

Lesson learned: It takes equal or greater effort to sustain a program as to initiate it. After flourishing for a

couple of years, the program is currently languishing, the victim of inattention caused by staff turnover.

PROSAB members attempted to step back in and revitalize that program last year but didn’t report much

progress. Town staff and PROSAB need to work together to find a way to reinvigorate Adopt-a-Park.

Noxious Weeds

Lesson learned: A volunteer participation model that works well in one situation isn’t necessarily portable

to others. Monthly weed pulls have not succeeded in attracting significant community support, and only

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participation by the TEENS, Inc. Youth Corps has made them at all effective. We attempted to follow the

highly successful Saws and Slaws model with the weed pulls, by limiting the pulls to half a day of labor and

following with a pot-luck lunch, but this strategy hasn’t really been successful. The fight against invasive

weeds is an important one, and something the Town needs to devote some creative energy and resources

toward.

Continental Divide Trail Gateway Community

We moved slowly on this and lost our chance at becoming the first Colorado CDT Gateway Community,

but now we have the advantage of having the guidance of that first community (Pagosa Springs). The

PROSAB trails committee members leading this are rotating off in June, but my understanding is that they

plan to continue what they’ve started. This is a program that should involve a collaborative effort of

PROSAB, NATO and the NDDA.

Barker Meadow Park Build-out

The Nederland community made it clear in its responses to the PROST survey in 2012 that they wanted

the Town to prioritize taking care of what it had over building or acquisition of new parks, trails or

recreational facilities, hence the PROSAB focus on writing management and maintenance plans for

existing assets. Once the Town has adopted these, PROSAB can move forward with Barker Meadow Park

build-out planning.

An opportunity unlikely to be realized this year (so many projects, so few volunteer hours!) is the repair of the

Tungsten Trail from the reservoir parking lot east to the dam. (Note that the Town of Nederland was obligated to

maintain this trail under the terms of an agreement with the Public Service Company to allow its construction, but

it is unclear whether that obligation persists after purchase of the reservoir by Boulder). A year ago, PROSAB

organized a meeting to discuss the potential for collaboration on such a project that was attended by

representatives from Town Staff, the City of Boulder, Boulder County, Wildland Restoration Volunteers and CDOT.

All parties expressed eagerness to cooperate in the restoration of this trail, and the City offered considerable

resources, but what is currently lacking is someone with both the expertise and time to take ownership of the

project.

The belief that a parks and recreation district is the answer to the Town’s funding challenges in this realm is a

recurrent theme. A special district offers some promise, but several things need to happen before the question of

a parks and recreation district can be put before the voters.

1. The district needs a champion.

The Town cannot advocate for the establishment of a special district, and this includes staff members,

Trustees and advisory board members. It takes a lot of work to create a district (I believe the

requirements are on the DOLA website), and someone, or some group, needs to step up and champion

the effort. (There were some folks working on this a couple of years ago, but they seem to have dropped

from view). The Town can provide supporting information such as could be used to advocate for or

against creation of the district. (And folks have been asking, but no, I cannot be that champion, however

appealing the challenge might be).

2. A feasibility study needs to be conducted. There are lots of expectations that various folks have of a P&R

district, e.g. that the district would take over the Community Center, build a swimming pool, manage the

ice rink/tennis courts and the programs they support, mange a boating program, etc., so …

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a. Just what are the community’s expectations?

b. How much would it cost to support these expected services and facilities?

c. How much are residents willing to pay in property tax increases to pay for P&R?

d. How do b. and c. add up (and, when they don’t, does a viable compromise remain)?

We were able to slip a few special district-related questions into the PROST survey in 2012, but GOCO can’t fund a

survey to support creation of a district, so we were severely limited. (These studies are expensive – it looked like

about $40K when I sought quotes for this back in 2008 – and good luck finding a grant to fund it; GOCO is out, but

maybe DOLA, if you can catch them when they have funds). What we gleaned from the PROST survey was that

yes, folks were willing to support a property tax increase to create a district (or, alternatively, to fund a Town

recreation department), but no, they weren’t willing to pay enough to pay for much more than a director’s salary.

The future champions of a Nederland-area P&R district will need to be able to sell the concept to the voters, as

well as jump through the regulatory hoops.

PROSAB will experience considerable turnover in 2016, with one existing vacancy, three term expirations (June)

and a new BOT liaison. (I encourage the new Board to appoint past PROSAB Chair Dallas Masters as the PROSAB

liaison).

It has truly been a great privilege to work with so many dedicated community members on PROSAB over the

years; I will miss this (and if any of you should read this, you all rock!).

Forest Health

Forest health is now under the purview of the Firewise committee, but PROSAB is still apt to be involved in

hosting County or Forest Service outreach events.

Nederland Firewise Action Plan:

The FAC typically meets two or three times a year, and has met once this year. We will submit a new application

for (re)recognition as a Firewise USA Community after our mandatory community-wide event (the Firewise Town

Cleanup). We agreed to scale back our historically over-optimistic action plan objectives to focus on two that are

achievable:

We are planning three neighborhood slash pickup events this season, in Big Springs, Old town and

Sunnyside/Hilltop. The sequence may be determined by the scheduling of Saws and Slaws neighborhood

mitigation events, as we are hoping to coordinate pickups with these efforts. (S&S season planning is

underway; any residents interested in having their property mitigated by hosting a Saws and Slaws event

need to speak up soon).

The 2016 Town of Nederland Firewise Town Cleanup is scheduled for June 4th. Residents should begin

planning now to time the annual cleaning of their gutters and other maintenance of the Home Ignition

Zone around their residences with this free drop-off event.

When budget season rolls around (it’s sooner than you think!), please continue to support the sort yard rollaway

dumpster for pine needles and weeds; this provides critical support for our residents’ efforts to maintain

defensible space around their homes.

An important thing for elected officials to have on their radar is the Forest Service’s Forsythe II project, currently

awaiting a final determination by Sylvia Clark, the Boulder District Ranger. Expect another outcry and possible

legal action from the Magnolia Forestry Group folks to delay implementation. The treatments called for in this

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project are critical to the implementation of the Nederland CWPP, and reflect Forest Service sensitivity to the

needs of the Town (we requested the treatments surrounding Big Springs). It is imperative that the Town do

everything in its power to support this project.

Economic Development

A presentation of the Mayor’s Task Force on Economic Development is scheduled for the Board’s May 3rd

meeting. This is another of those long-running efforts, hampered by the availability of volunteer (and staff) time.

In spite of the length of time it took us to arrive at a report, I am pleased with the result, which I think offers the

Mayor and Trustees a viable path to build a stronger local economy that is in sync with our town’s vision.

The defeat of the NDDA ballot measure is an unfortunate setback for Nederland economic development. I think

that those, like myself, who failed to speak out to forcefully counter the FUD put forth by the measure’s

opponents can take some responsibility for its failure.

Emergency Preparedness

Participation in the Town’s emergency preparedness activities is one of those things I will miss. I’ve seen great

progress in our community preparedness and resiliency, but we have much more to do. I count as one of my

greatest successes as a trustee the creation of EPAC, the Emergency Preparedness Action Committee. It’s also one

of my greatest disappointments. EPAC was tasked with two critical objectives, the establishment of an emergency

ham radio network and the creation of a network of neighborhood communications pods. The first has been a

stellar success, and the Indian Peaks Radio Network is the result. However, the committee itself has been

decimated by resignations, and, with only two current members and no effective recruiting mechanism, EPAC is

on life support; intervention is needed, and soon, to save this committee. The mission of EPAC (to promote the

well-being of the Nederland-area community, its residents, property and natural resources, identifying natural and

human-generated threats to its and safety and integrity and instituting and coordinating community efforts to

prepare for, respond to, mitigate and recover from such disasters) is important enough to warrant the assignment

of a BOT liaison and the devotion of some serious recruitment effort.

I have been the BOT’s representative on the Intermountain Alliance (IMA) since 2012. I’ve made some great

contacts, and it provided me with monthly opportunities for Saws and Slaws proselytizing, but I think this is one

assignment that the next Board might pass over, unless there is a trustee with a passion for preparedness and

resiliency who is able to attend the daytime meetings. I believe that staff member Dawn Baumhover provides the

Town with effective representation in this group, and there is usually an EPAC member in attendance as well. (I’m

appending a brochure that I created for the IMA to this report for a quick overview of what the IMA is and its

importance).

Now back to the quest for an Emergency Egress Route out of Big Springs, something that several candidates for

office in the resent election stated was a priority of theirs. The Town first advocated for such a route about 15

years ago. At that time, forest density south and east of Big Springs was such that our fire chief felt a safe egress

route could not be achieved, a view that was seconded by The Anchor Point Group, the consulting firm that wrote

our CWPP. I resurrected the issue in 2012 and this time Chief Dirr reconsidered and reversed his stance, due to

fuels reduction work that had been done in the area in the interim. I submitted a proposal to the Forest Service, at

the invitation of the District Ranger, and it was initially well-received, with FS and County folks falling all over

themselves to support it. That support soon started falling away, and ultimately we ran aground on the objections

of Boulder County Parks and Open Space (POS), “we didn’t purchase open space to build roads across it.”

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We sat on this for a while (so many projects, so little time – wait, I said that already), until last summer when

District Ranger Sylvia Clark suggested that the FS could roll an egress evaluation into the Environmental

Assessment for the Forsythe II project, which would save the Town from having to pay for it. This time we

submitted a formal application to the Forest Service that included a request for two separate routes and an

attempt to analyze the viability of each in the event of fires starting at each of 11 different ignition points.

Another initially favorable reception by the FS, followed by a formal letter of opposition by County POS.

At this point, I suggested that we explore paying for some fire behavior modeling by Anchor Point, so we could

reduce the speculative element in our proposal. Administrator Reis agreed, and with the fire district sharing the

cost, we contracted with Anchor Point, for fire behavior modeling, and TerraCognito GIS, for a LiDAR-based

analysis of our most critical route. The analyses were presented to Boulder County POS in late March, and we

expect to present to the Forest Service team soon.

Approval is by no means certain, and there is likely a lot of negotiation ahead, but, at this point, I and my co-

champions in this quest (Town Administrator Reis and Chief Dirr) are highly optimistic of a favorable outcome.

With ever-increasing in wildfire activity and other disruptive events resulting from climate change and the

continuing influx of people into the Wildland Urban Interface, it will be important for the BOT to give some

priority to community preparedness in future Town budgets and to support Administrator Reis and our

department heads in their preparedness efforts. (The acquisition of a backup power generator (installation

imminent?) for the Community Center – our regional emergency shelter – is a huge step forward).

Volunteerism

I have long argued that the Town could leverage volunteers for much more than it does, and that with an inspired

effort to recruit, empower and reward volunteers, we could do much to move the Town forward without further

straining Town staff and budget. As I prepare to shed many of my own volunteer commitments, I’m no longer a

believer. This is a unique community, and we have indeed accomplished some remarkable things with volunteer-

led efforts, but the sacrifices that the champions of these projects make to reach their goals are well above what

we have the right to ask of people. We can, and should, encourage community volunteerism for a myriad of

reasons, but we should be careful about expecting too much.

The last two unpaid trustees are now rotating off the BOT, and as the budget allows, the voters should be

asked to increase the paltry compensation that the mayor and trustees receive.

It should be an objective to provide staff support for all of our boards and commissions for the creation of

agendas and taking of minutes, and we shouldn’t expect these volunteers to manage projects. Rather,

let’s be content to harvest their creative ideas and utilize their advice and perspectives. (Back to EPAC, my

idea that this would be an action committee, as opposed to an advisory board, was unrealistic. The ham

radio network directive has been met due to the dedication and passion of Jan and Mike Mussler, but the

amount of work that will be required to create and maintain an emergency neighborhood

communications network is more than can be asked of volunteers. A revitalized EPAC can still serve a

valuable oversight role in this).

The Town should take over management of the Ice and Racquet Park. The dwindling cadre of dedicated

RINK volunteers that has orchestrated the bi-yearly ice/tennis transitions and managed the facility has not

been successful in inspiring younger users to step up and replace them. The ice programs seem to be

thriving, and they provide an important recreational outlet for our residents, but the volunteer

enthusiasm that followed the completion of the facility has long since dissipated.

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BOT

I began attending BOT meetings regularly sometime around the end of 2003/beginning of 2004. At the time there

was a concerted effort by some in the community, including many Town staff members and some elected officials

to run the new Town Marshal out of town. As a supporter of the Marshal (Chief Robinson, by the way, did a great

deal to professionalize the Police Department, which he transitioned from the laughing stock of the state to a

respected department), I felt someone from the public need to keep an eye on those in power. As I began

advocating for a skatepark, I had further reason to attend the meetings, and began to attend the OSAB meetings

as well. Eventually, it probably just became a habit. When Keith Nowicki, who I had recruited to run for the BOT,

resigned in 2011, I decided it was time to step up and participate from the other side of the table.

My tenure on the BOT has been a mixed experience. Service on the Board could be very rewarding: collaboration

with other community-minded residents to provide direction for Town staff to responsibly move the community

forward in a direction that aligns with the expressed will of its residents (captured imperfectly in Nederland Vision

2020). I hope this will be the experience of the new Board.

On the positive side of the ledger:

I enjoyed a great collaborative relationship with Town Administrator Reis; we partnered together on

numerous projects, beginning, perhaps, with writing the GOCO grant for the PROST plan in 2010 and

continuing today with the (just wrapping up) Economic Development Task Force, which we co-chaired,

the Big Springs egress effort, and the Firewise Town Cleanup.

I’ve been privileged to be a part of strengthening relationships with the US Forest Service, forming a

productive, collaborative relationship with the Boulder District Ranger, and with County and State

foresters.

When we conducted the search for a police chief to replace Jake Adler, we discovered that even though

we are a small town with a small budget, we really can attract top-caliber experienced candidates for the

chief position. Under the short tenure of Jim Matheny and now Paul Carrill, the department has made

great strides in improving organization and professionalism.

That we are at last moving ahead with construction of a new town shop is a big win for Nederland.

Things that have happened during my time in office that I’m not proud of:

I’ve seen a highly effective mayor and two good Town Clerks driven away.

I’ve witnessed numerous unseemly public attacks on Town staff, the NDDA, advisory boards, members of

the public and fellow trustees.

The sidewalks fiasco. The community-minded volunteers serving on the NDDA were driven off the board

and publicly raked over the coals for the “Phase 1” sidewalk project – a much-needed downtown

infrastructure improvement – and the proposed “Phase 2” extensions. The latter was replaced with

“NedPeds” – a misguided funneling of traffic down a quiet, narrow residential street that has been over-

thought, micro-managed and dragged out for four years, with not a shovelful of dirt yet turned.

Bag fees; we couldn’t have done a better job of alienating the business community if we had tried.

I came to the Board without any particular agenda, but tried to be supportive of neighborhood concerns (being a

resident of a neighborhood that suffers greatly from the negative impacts of Town events), and I attempted to be

sensitive to community viewpoints that were under-represented on the BOT. I cast a number of lonely protest

votes, especially during my first three years on the Board; the ability to change minds and votes through

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argument has not been a strength of mine. I think my greatest contributions were made outside of the meeting

room, working with advisory boards, outside agencies and Town staff.

Some challenges I see for the newly elected Board:

Finding the right balance for Marijuana in the community. Comments received in responses to the

economic development survey reissued last year by the EDTF and the NDDA underscore the obvious

community divide in how residents feel about this drug. The spectrum runs from those who would market

Nederland as a community that embraces the marijuana culture to those who want no part of it, and the

weight seems to be with those unhappy with open MJ use and with outside perceptions of Nederland as a

stoner community. Many of us who voted in favor of Amendment 64 were voting for tolerance and an

end to the counter-productive “war on drugs,” not for the promotion of marijuana or its open use. The

BOT will need to find a way to be accepting of legal marijuana use without sending the message that

Town government embraces the drug and its culture.

Managing the impacts of Festivals. Nederland has historically turned a blind eye towards the very

significant impacts of major festivals (NedFest, FDGD) on the residents of east Nederland. The future

development of the amphitheater/performance space in Barker Meadow Park, coupled with calls for

weekly events that feature amplified sound, make it mandatory that the BOT address neighborhood

impacts. (Hint: turn down the volume!).

Waste Water Plant operation and impacts. What we expected to be pretty much a fully-automated plant

has proven to require a large (for Nederland) staff to maintain with frequent after-hours visits by on-call

personnel. Why is this, and can staffing requirements be reduced? Also, what was originally designed to

be a covered facility devolved to feature SBR tanks open to the surrounding environment. This has a

pronounced negative impact on users of the adjacent skatepark, and it should be an objective of the

Town to cover these tanks and filter the exhaust air.

Funding the Town shop. Yeah, there will be cost overruns and there is no money in the budget for this, so

start looking now.

Funding for the critical improvements called for in the Master Infrastructure Plan. Wow, that’s a lot of

money, but see my concluding point.

Some recommendations

Preparation for BOT meetings consumes a tremendous amount of staff time; find a way to reduce the

number of BOT meetings, and free up staff for more productive endeavors. Some suggestions towards

that end:

o Utilization of a consent agenda is a fairly recent development in Nederland; greater use if this tool

can significantly reduce needless Board discussions.

o Unprepared Trustees slow down meetings. Publishing the meeting agenda earlier can provide

adequate time for trustees to prepare (and fewer meetings would allow staff to do this). Lengthy

elements of the packet – contracts, grant applications, master plans – that are complete can be

distributed early. (The vote of an uninformed trustee counts the same as that of an informed one,

so another benefit of more preparation time will be better decisions).

o Limit citizens to three minutes of speaking. This is not the US House of Representatives, and there

should not be the expectation that folks can sign up to speak and then allot their time to another

speaker. If a matter requires more than three minutes to communicate, that matter should

perhaps find its way onto an agenda.

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o Encourage long-winded trustees to get to the point; the quality of one’s argument is not

measured by the number of words used to express it. Most long-winded trustee arguments seem

to be off-point.

Late night discussions don’t foster good decisions; there is a noticeable drop in the quality of discussions

after 9:00 or so, so maybe start earlier and wrap it up early.

Don’t tolerate verbal attacks on anyone from the BOT. I don’t anticipate this being a problem on the new

Board, but if it happens, and if such attacks aren’t stopped by mayor, trustees need to jump in and do so;

When there is no leadership from the top, trustees must lead from the bottom.

Appoint Topher Donahue to fill the remainder of Kris Larson’s term as trustee. It takes a good two years

for citizens who are not already immersed in Town affairs to get up to speed in their role as trustee;

Topher has reached this threshold, and, as the next highest vote recipient, deserves the seat. He is poised

to be a highly effective member of the Board this session.

Take issue, if you must, with the Town Administrator, Police Chief or other staff department heads

outside of the public meetings. Public criticism of staff members is bad for both staff and community

morale, and demoralized employees are less productive. There is nothing to be gained beyond, maybe, a

cheap ego boost when we publically criticize staff.

It’s easy, in a small community with scarce resources to fall into a “we can’t” attitude. Reject that. My

biggest take-away from my experience building the skatepark is that you can do anything, if you believe in

yourselves. Be a “we’ll find a way” Board. Good luck!

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Inter-Mountain Alliance

of Western Boulder County

IMA Participating Communities

Allenspark

Bar-K Subdivision

Four Mile Canyon

Middle Left Hand Canyon

Raymond/Riverside

Town of Gold Hill

Town of Jamestown

Town of Lyons

Town of Nederland

Town of Ward

Mountain Communities

Helping Mountain

Communities

Nederland, Coal Creek Canyon and Sugarloaf Saws and Slaws volunteers help with Four Mile

Canyon Flood Recovery in November 2013

Monthly meeting of the Inter-Mountain Alliance

More Information:Amy Hardy, Chair 303-653-2088www.intermountainalliance.org

Prepared November 2014

Allenspark MERN members prepare donated radios

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Rebecca Lawrence, IMA Founder

What is the IMA?The Inter-Mountain Alliance is a collective of representatives from a growing number of Boulder County mountain communities. Founded in 2010 by victim’s advocate Rebecca Lawrence of Ward in the wake of the Four Mile Fire, the mission of the IMA is “To foster relationships between the mountain communities of Western Boulder County and support individual and community emergency preparedness.” With no formal structure, the organization remains flexible and adaptable to address member communities’ needs.

Taking the “neighbors helping neighbors” principle to the higher level of “communities helping communities,” IMA communities share solutions to problems held in common – initially centered around emergency preparedness (what did we learn from the Four Mile Fire, how can we be better prepared for the next one?), but expanded to encompass human services and other shared concerns. The IMA has been particularly effective in creating a collective voice for mountain communities to connect with government and NGO resources; representatives from federal, state and county agencies are regularly in attendance, along with the American Red Cross, Foothills United Way and Boulder County Emergency Radio Services (BCARES).

What has the IMA Accomplished? • Beyond the unquantifiable benefits of forging inter-community relationships, mutually strengthening community emergency preparedness capabilities, opening up access to resources for mountain communities and increasing awareness of mountain community needs among governmental agencies, the Alliance can point to some concrete influences, such as:

• Providing an environment where the Mountain Emergency Radio Network (MERN) could flourish, first in Bar-K, Allenspark and Ward, more recently in Gold Hill, and now Nederland. MERN is credited with saving lives in the 2013 flooding.

• Inspiring the creation of effective neighborhood emergency communications networks (pod systems) in Gold Hill and Allenspark, with pod system planning underway in Nederland

• Formation of the Allenspark Neighbors Emergency Network (ANEN)

• Establishment of the Nederland Emergency Preparedness Action Committee (EPAC)

Why is the IMA Important?Many residents of Boulder County’s mountain communities identify so strongly with their mountain environment, that they will suffer in need before traveling to Boulder or Longmont for needed services and resources. In a time of need, these mountain residents are far more likely to avail themselves of resources in a neighboring mountain community than to seek help on the flatlands, whether that need is for emergency shelter, disaster recovery assistance or human services. The IMA supports the well-being of these residents and their communities in multiple ways:

A Collective Voice – The combined voice of mountain residents, as expressed through the IMA, has gotten the attention of elected representatives at all levels, local, state and federal agencies and NGOs who have found the Alliance to be an effective way to communicate with hard-to-reach mountain residents and have become more aware of those residents’ needs and concerns.

Strengthened Community Relationships – As member communities prepare for their own needs, they increasingly expand their focus to include their neighbors. Examples include the Nederland Health and Human Services Task Force becoming the Peak to Peak Housing and Human Services Task Force and organizers of successful neighborhood pod systems, ham radio networks or Saws and Slaws wildfire mitigation programs sharing their experiences with other mountain communities.

Increased Preparedness – The IMA’s initial focus on emergency preparedness, response and recovery continues to be a major driver of Alliance efforts. The Alliance offers a convenient focal point for distributing emergency supplies and equipment (American Red Cross), distributing information (FEMA, Boulder County OEM, Boulder County Long-Term Flood Recovery Group) and inter-community disaster response coordination.

Real-Time Communication – In the September 2013 flooding, inter-community communications were critical, as IMA member communications helped keep the Boulder Office of Emergency Management (Boulder OEM) informed about the latest conditions in the field.

Community Empowerment – Self-reliance is a quality that typifies many mountain residents, and a community prepared to weather the first days of a disaster without outside aid is a community empowered to survive adversity.

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Town of Nederland OFFICIAL ELECTION RESULTS

Municipal and NDDA Elections April 5, 2016

Mayor: Kris Larsen 273 Chris Perret 181 Trustees: Dallas Masters 253 Julie Gustafson 251 Stephanie Miller 233 Topher Donahue 195 Roger Cornell 143 Eugene Smith 125 Municipal Ballot Question #1: “Shall the town of Nederland, Colorado, without creating any new tax or increasing any current taxes, be permitted to collect, retain and spend the full amount of town taxes, grants and all other revenue collected from all sources, in 2016 and each subsequent year thereafter, notwithstanding any state of Colorado limitations on revenue, growth or expenditures, including those contained in article x, section 20 of the Colorado constitution (TABOR)?” was voted YES 331, NO 118 The NDDA Ballot Question #2: Shall town of Nederland debt be increased $2,924,000 with a repayment cost of $5,110,570, for the purpose of financing or refinancing the costs of development projects to be undertaken by or on behalf of the Nederland downtown development authority pursuant to the Nederland downtown development authority plan of development, as it may be amended from time to time, and applicable provisions of Colorado law; such projects may include but are not limited to:

• Study, design and construction of parking and multimodal traffic flow improvements, including maintenance and project management, in the downtown area;

• Study, design and construction of improvements, and mitigation of ecological areas, related to the middle boulder creek; and

• Programming, beautification and enhancement of the downtown area;

April 5, 2016 Municipal Election

NDDA Election

# Ballots sent 1067 191

# Ballots voted 468 62


Secured by a pledge of the special fund of the town which shall contain tax increment revenues of the authority levied and collected within the boundaries of the authority; such debt to be evidenced by bonds, notes, loans or other indebtedness to be sold in one series or more, on terms and conditions, and with such maturities as permitted by law and as the town may determine, including provisions for redemption of the debt prior to maturity with or without payment of a premium of not more than 3% of the principal amount so redeemed; and shall the town and the authority be authorized to collect, retain and spend the tax increment revenues, the bond proceeds and investment income thereon as a voter-approved revenue change, and an exception to the limits which would otherwise apply under Article x, Section 20 of the Colorado constitution (TABOR), or any other law? was voted YES 29, NO 33

DDA Ballot Question An issue arose during the election concerning the NDDA voting process and the requirement of businesses to provide an affidavit, designating a natural person to vote for the business (since a business is not a person). In a very limited number of elections, such as a DDA election, non-natural persons are allowed to vote if they designate by some official action a natural person to vote on their behalf. This process was confusing for many business owners and, as a result, we received a high number of ballots (19 of 62 voting) without corresponding affidavits. Anticipating that this could be an issue, the Clerk checked with Kim Crawford, the Town’s bond counsel that assisted with the NDDA’s election, regarding Town responsibilities in this matter. Crawford advised that the Town was not responsible to track down the affidavits, but that ballots without the affidavits would not be counted. This information was relayed to the Election Judges during their instructional period prior to commencement of ballot counting. At that time, the Judges agreed that ballots without affidavits would not be counted. After realizing how many ballots were returned without the affidavits, and in the interest of promoting a democratic election and not to disenfranchise eligible voters, the experienced Election Judges determined that if they could verify with at least 2 of the 3 Judges knowing the individual who signed the affidavit on the return envelope was, indeed, the person connected to that business they would include those ballots in the count.

After the election, the Town Clerk checked with Kim Crawford and was told that State Statute does not specify how to designate a voter, only that it must be by some “official action”. The names and signatures on the affidavits that were on the ballot return envelopes were used by the Election Judges to confirm the identity of the person voting and can be considered sufficient. A separate affidavit form, such as was used in this election, is not required, but was what the Town had determined in


the previous 2012 election was the best way to designate natural persons to vote for a non-natural entity.

Due to the secrecy of a ballot, there is no way to go back after the fact and see which way the 19 counted ballots that didn’t have affidavits were voted. In looking forward to future elections, and to eliminate this type of confusion, the affidavit process could be made simpler. Instead of sending affidavits by a separate mailing and requiring that they be notarized, the affidavit could be placed on the return envelope (similar to the envelope affidavit used for the Town election). This is one idea for the NDDA to consider; there are likely others. It is also suggested that the NDDA -- either the Board itself or its legal representation -- should draft a clear set of election instructions and rules to be provided to the election officials and judges for their review well before the election, so as to clarify all of the rules well in advance.

In preparation for coordinating this election, the Town Clerk attended a CML-sanctioned elections training for Clerks and consulted often with the Town Attorney and the Town’s bond counsel for guidance before and during the election.


AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES

Meeting Date: April 19, 2016

Initiated By: LauraJane Baur Dept: Administration

Information _____ Action __X___ Discussion ____

AGENDA ITEM: Swearing in of the newly elected Mayor and Trustees

SUMMARY: As per Nederland Municipal Code Section 2-171, and Colorado Revised Statutes 31-4-401, the Town Clerk shall administer the oath of office to all officers elected. HISTORY AND PREVIOUS BOARD ACTION:

Election Results from the Regular Municipal Election held April 5, 2016:

Kristopher Larsen was elected as Mayor by a vote of 273 to 181 over Chris Perret.

The first three vote-getters shown in the chart below shall be seated on the Board of Trustees.

TRUSTEES – 3 (4 year-terms) Dallas Masters 253 Julie Gustafson 251 Stephanie Miller 233 Topher Donahue 195 Roger Cornell 143 Eugene Smith 125

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AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES Meeting Date: April 19, 2016 Prepared By: LauraJane Baur Dept: Administration Consent ☐ Information ☐ Action ☒ Discussion ☐

______________________________________________________________________ AGENDA ITEM: Recognition of outgoing Board members SUMMARY: Board members who have terms ending effective at this Board meeting are Mayor Joe Gierlach, Mayor Pro Tem Peter Fiori, and Trustees Topher Donahue and Randy Lee. HISTORY AND PREVIOUS BOARD ACTION: Mayor Gierlach was first appointed as Mayor in 2011. Mayor Pro Tem Fiori joined the Board of Trustees in 2011. Trustee Donahue has been on the Board since 2014, and will continue to serve out the vacancy caused by Kristopher Larsen’s election out Mayor. Trustee Lee will be leaving the Board after 4 years of service; he was first appointed in 2011.

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AGENDA ITEM: Appointment to fill a two year vacancy created by Trustee Kris Larsen who has been newly elected as Mayor

SUMMARY: The Board typically appoints the vacancy from the remaining list of candidates on the Municipal Ballot. After the three top-voted candidates, Topher Donahue received the next highest number of votes in the April 5, 2016 election.

TRUSTEES – 3 (4 year-terms) Dallas Masters 253 Julie Gustafson 251 Stephanie Miller 233 Topher Donahue 195 Roger Cornell 143 Eugene Smith 125

If the Board does not wish to fill the vacancy in this way, the Town could advertise the position for later appointment. QUESTION BEFORE THE BOARD: How does the Board wish to address the vacancy?

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AGENDA ITEM: Appointment of Trustee Charles Wood as Mayor Pro Tem

SUMMARY: As per Colorado Revised Statutes 31-4-303, at its first meeting, the Board shall choose one of the Trustees as Mayor Pro Tem. The Mayor Pro Tem serves in the absence of the Mayor.

QUESTION BEFORE THE BOARD:

1) Does the Board wish to nominate Trustee Charles Wood as Mayor Pro Tem for the current term (2016-2018)?

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Prepared By: LauraJane Baur Dept: Administration


AGENDA ITEM: Consideration of approval of the following Resolutions to re-appoint staff: 2016-09, re-appointing Reis as Town Administrator 2016-10, re-appointing Reis as Zoning Administrator 2016-11, re-appointing Baur as Town Clerk 2016-12, re-appointing Carrill as Town Marshal 2016-13, re-appointing Beery as Town Attorney 2016-14, re-appointing Schneider as Town Prosecutor 2016-15, re-appointing Gloss as Municipal Judge Judge Gloss’ 2-year contract extension

SUMMARY: As per Colorado Revised Statutes, Title 31, Article 4, the Board of Trustees shall appoint officers for the good government of the corporation. RECOMMENDATIONS:

Alisha Reis – Town Administrator and Zoning Administrator Reis has served Nederland as Town Administrator since September 2010. Prior to this, she was Assistant City Manager in Monte Vista, Colorado. She has also worked in various public service capacities in planning, zoning, building review, human resources, and other functions. Before her public service career, Reis was a news reporter for various daily and weekly newspapers in Colorado. She holds a Bachelor of Arts degree in Journalism from Metro State College of Denver, as well as a Master of Arts degree in Politics/Public Policy from the University of Colorado. LauraJane Baur – Town Clerk Baur has served Nederland as Town Clerk since October 2014. Baur has previous experience in public service, non-profits and education. She has a Bachelor degree in Sociology from Albertus Magnus College and an Intensive Secretarial certificate from The Berkeley School. Paul Carrill – Town Marshal Carrill has over 25 years’ of law enforcement and emergency response training and experience. Carrill was first appointed as Interim Marshal in August, 2014, and then appointed as Town Marshal in February, 2015. He has an extensive history of public service in law enforcement.

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Carmen Beery, Town Attorney Murray Dahl Kuechenmeister & Renaud (MDK&R) has represented the Town since 2007. In 2009, Beery became the designated Town Attorney. Beery’s practice has focused on local government representation since her admission to the Colorado bar 14 years ago. The firm serves as general counsel to 10 Colorado municipalities, several Title 32 special districts and as special counsel to many other jurisdictions on a variety of specialized issues (condemnation, litigation, urban renewal, etc.). Beery has particular expertise in Constitutional and police issues. She received her Bachelor’s degree in communications/theater from Manchester College (IN) in 1995 and her J.D. from the University Of Colorado School Of Law in 2000. Donna Schneider, Town Prosecutor Schneider graduated from the University of Denver College of Law in 1997. She was admitted to practice law in the State of Colorado in 1998. She worked as a City prosecutor for the City of Westminster from 1998 to 2005. She is currently an Assistant City Attorney for the City of Wheat Ridge where she is the Municipal Court Prosecutor. Schneider has been employed with the City of Wheat Ridge since January 2006. She has been the Nederland Town Prosecutor since February of 1999. David Gloss, Municipal Judge After three years of judicial clerkship experience, Judge Gloss has practiced law in Colorado since 1986. Today, in addition to his duties as the Nederland Town Judge, Judge Gloss serves as the Gilpin County and Central City Judge, and maintains a private practice as well. He is a graduate of the University of Colorado and the University of Nebraska College of Law. He started with the Town in 2013. ATTACHMENTS: Resolutions 2016-09 through 2016-15 Contract with Judge David R. Gloss

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TOWN OF NEDERLAND Boulder County, Colorado

RESOLUTION 2016-09

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING THE TOWN ADMINISTRATOR

WHEREAS, pursuant to C.R.S. § 31-4-304, the Board of Trustees (“Board”) of the Town of Nederland (“Town”) possesses the authority to appoint such Town officers as it deems necessary for the good government of the Town; and

WHEREAS, the Nederland Municipal Code prescribes certain duties and functions of a

Town Administrator; and WHEREAS, pursuant to section 2-171 of the Nederland Municipal Code, the Board

finds that it is necessary and desirable to appoint a person to perform those duties and functions of the Town Administrator in the interest of maintaining the efficient and effective functioning of the Town; and

WHEREAS, the Board further finds that the person so appointed to perform the Town

Administrator duties shall be considered a Town officer and, as such, shall not be considered a statutory officer of the Town nor shall such person have any expectation of permanent employment with the Town as the Town Administrator; and

WHEREAS, the Town has entered into an employment contract with Alisha J. Reis to

perform the duties of the Town Administrator; and WHEREAS, after due and careful consideration of all relevant parties and factors, the

Board desires to re-appoint Alisha J. Reis as Town Administrator as set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF

THE TOWN OF NEDERLAND, COLORADO:

Section 1. The Board of Trustees hereby re-appoints Alisha J. Reis the Town Administrator for the Town of Nederland.

Section 2. As Town Administrator, Alisha J. Reis is authorized to perform those duties and functions of the office as set forth in the Nederland Municipal Code.

Section 3. Except as specifically provided by law, Alisha J. Reis, as Town Administrator shall serve at the pleasure of the Board of Trustees and nothing herein shall create an expectation of continued employment.

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RESOLVED, APPROVED and ADOPTED this 19th day of April, 2016.

TOWN OF NEDERLAND

By: ________________________________

Kristopher Larsen, Mayor

ATTEST:

_________________________________

LauraJane Baur, Town Clerk

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RESOLUTION 2016-10

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING A TOWN ZONING ADMINISTRATOR


WHEREAS, the Board finds that it is necessary and desirable to appoint a Town Zoning

Administrator, such person to perform those duties and functions of the office of the Zoning Administrator as set forth in the Nederland Municipal Code; and

WHEREAS, after due and careful consideration of all relevant parties and factors, the

Board desires to appoint a Zoning Administrator as set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF

THE TOWN OF NEDERLAND, COLORADO:

Section 1. The Board of Trustees hereby re-appoints Alisha J Reis as the Zoning Administrator for the Town of Nederland. The Board finds and determines that the office of Zoning Administrator is neither a statutorily-required office nor an office of equal responsibility or necessity as such offices such that justify the removal provisions of C.R.S. § 31-4-307. The Zoning Administrator hereby appointed may therefore be removed from said office at any time by a majority vote of the Board of Trustees voting thereon for any reason or for convenience. Such removal may be accomplished by motion.

Section 2. The Zoning Administrator hereby appointed is authorized to perform those duties and functions of the office as set forth in the Nederland Municipal Code.


TOWN OF NEDERLAND

By: ________________________________


ATTEST:

_________________________________


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RESOLUTION 2016-11

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING THE TOWN CLERK


WHEREAS, the Board finds that it is necessary and desirable to appoint a Town Clerk;

and WHEREAS, after due and careful consideration of all interested parties and factors, the

Board has identified an individual whom they wish to appoint as Town Clerk; and WHEREAS, Section 2-171 of the Nederland Town Code requires that such appointment

be accomplished by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF

THE TOWN OF NEDERLAND, COLORADO: The Board of Trustees hereby re-appoints LauraJane Baur as the Town Clerk for the

Town of Nederland, effective immediately. The person so appointed shall perform those duties of the Town Clerk as set forth in state law and the Nederland Municipal Code and as directed from time to time by the Town Administrator and Board of Trustees.


TOWN OF NEDERLAND

By: ________________________________


ATTEST:

_________________________________


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RESOLUTION 2016-12

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING A TOWN MARSHAL


WHEREAS, the Nederland Town Code prescribes certain duties and functions of a

Town Marshal, an office which is currently vacant; and WHEREAS, the Board finds that it is necessary and desirable to appoint a person to

perform the duties and functions of this office in the interest of maintaining the efficient and effective functioning of the Town; and

WHEREAS, after due and careful consideration of all relevant parties and factors, the Board desires to appoint a Town Marshal as set forth in this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND, COLORADO:

Section 1. The Board of Trustees hereby re-appoints Paul Carrill as the Town Marshal for the Town of Nederland, effective immediately. Unless otherwise provided, the person appointed by this Resolution is authorized to perform those duties and functions of the Town Marshal as set forth in the Nederland Municipal Code and as prescribed from time to time by the Board of Trustees.


TOWN OF NEDERLAND

By: ________________________________


ATTEST:

_________________________________


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RESOLUTION 2016-13

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING THE TOWN ATTORNEY


WHEREAS, the Board finds that it is necessary and desirable to appoint a Town

Attorney; and WHEREAS, after due and careful consideration of all interested parties and factors, the

Board has identified an individual whom they wish to appoint as Town Attorney; and WHEREAS, Section 2-171 of the Nederland Town Code requires that such appointment


THE TOWN OF NEDERLAND, COLORADO: The Board of Trustees hereby re-appoints Carmen Beery as the Town Attorney for the

Town of Nederland, effective immediately. The person so appointed shall perform those duties of the Town Attorney as set forth in state law and the Nederland Municipal Code and as directed from time to time by the Town Administrator and Board of Trustees.


TOWN OF NEDERLAND

By: ________________________________


ATTEST:

_________________________________


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RESOLUTION 2016-14

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING THE TOWN PROSECUTOR


WHEREAS, the Board finds that it is necessary and desirable to appoint a Town

Prosecutor; and WHEREAS, after due and careful consideration of all interested parties and factors, the

Board has identified an individual whom they wish to appoint as Town Prosecutor; and WHEREAS, Section 2-171 of the Nederland Town Code requires that such appointment


THE TOWN OF NEDERLAND, COLORADO: The Board of Trustees hereby re-appoints Donna Schneider as the Town Prosecutor for

the Town of Nederland, effective immediately. The person so appointed shall perform those duties of the Town Prosecutor as set forth in state law and the Nederland Municipal Code and as directed from time to time by the Town Administrator and Board of Trustees.


TOWN OF NEDERLAND

By: ________________________________


ATTEST:

_________________________________


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RESOLUTION 2016-15

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND APPOINTING THE MUNICIPAL JUDGE


WHEREAS, the Board finds that it is necessary and desirable to appoint a Municipal

Judge; and WHEREAS, after due and careful consideration of all interested parties and factors, the

Board has identified an individual whom they wish to appoint as Municipal Judge; and WHEREAS, Section 2-171 of the Nederland Town Code requires that such appointment


THE TOWN OF NEDERLAND, COLORADO: The Board of Trustees hereby re-appoints David R. Gloss as the Municipal Judge for the

Town of Nederland, effective immediately. The person so appointed shall perform those duties of the Municipal Judge as set forth in state law and the Nederland Municipal Code and as directed from time to time by the Town Administrator and Board of Trustees.


TOWN OF NEDERLAND

By: ________________________________


ATTEST:

_________________________________


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Extension of

AGREEMENT FOR MUNICIPAL JUDGE SERVICES

The attached Agreement for Municipal Judge Service between the Town of Nederland, a Colorado municipality (the “Town”) and David R. Gloss, an independent contractor (“Consultant”) dated October 18, 2013 is hereby extended with current terms and conditions for two years. The new expiration date will be 30 days after the next regular municipal election in April of 2018.

IN WITNESS WHEREOF, the parties hereto have executed this Extension of Agreement on the 19th day of April, 2016.

TOWN OF NEDERLAND ______________________________ Kristopher Larsen, Mayor ATTEST: _____________________________ LauraJane Baur, Town Clerk CONSULTANT

______________________________ David R. Gloss STATE OF COLORADO )

) ss.

COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this

___ day of , 2016, by as

.

My commission expires:

(S E A L) Notary Public

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AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES Meeting Date: April 19, 2016 Prepared By: Alisha Reis Dept: Administration

Consent ☐ Information ☐ Action ☒ Discussion ☐

AGENDA ITEM:

Consideration of approval of a contract with Robert Half International (dba Accountemps) for accounting services

SUMMARY:

Attached for the Board’s consideration is a contract for professional services for accounting with Boulder accounting staffing firm Accountemps, a division of Robert Half International. In light of the department of the previous contract accountant, Mary Erwin, who was a sole practitioner, Town staff began reaching out to staffing firms to assist with project accounting, and then, more long-term bookkeeping. Given the importance of solid financial services and the difficulty in recruiting accounting assistance locally, staff recommends contracting with Accountemps, which is a well-known financial staffing firm. The firm vets all candidates it places, including background and financial checks, as well as skills testing and fitting for clients. One of their contract accountants has been assisting us on the short-term work of closing out the Town’s 2015 books and preparing for the annual audit. We also have caught up all year-to-date accounts payable and receivable, positioning the Town’s financials to be back on track for the year by May. Accountemps has identified candidates for the long-term position, and will replace any contract help as may be appropriate. This contract will operate similar to our contracts for other professional services, such as engineering and legal services. This will be a better solution for the Town in the long run than attempting to recruit on our own. HISTORY AND PREVIOUS BOARD ACTION:

The Town lost its long-time treasurer, Eva Forberger in June 2015, after 8 years with the Town. On June 2, 2015, the Board appointed Scott Ehlers to the position of Town Treasurer. Subsequently, Ehlers resigned. At the time of interviewing, the selection committee had narrowed the choice down to two candidates -- Ehlers and Jeffery Maggard. The Board appointed Maggard as Treasurer at its July 21, 2015 meeting. Maggard submitted his notice of resignation in September 2015, citing conflict with personal obligations.

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The Board subsequently approved a contract with Erwin in November 2015. She later was not able to continue the work. QUESTION BEFORE THE BOARD:

1) Does the Board wish to approve the contract?

RECOMMENDATIONS:

Approve the contract for accounting services. ATTACHMENTS:

1) Contract

FINANCIAL CONSIDERATIONS:

The contract amount will be for no more than $30,000, based upon a contract rate of $32/hour for 25 hours per week for the remaining 37 weeks of the year. The Town has budgeted $64,000 for accounting in 2016, and this amount will remain within budget.

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AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into this ___ day of April, 2016, by and between the Town of Nederland, a Colorado municipality (the "Town") and Robert Half International, Inc. d/b/a Accountemps (“Vendor”), to provide accounting and financial professional services to the Town, commencing on ________________________ , 2016 (the “Agreement”).

WHEREAS, the Town requires professional services; and

WHEREAS, Vendor has held itself out to the Town as having the requisite expertise and experience to supply the required services.

NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

I. SCOPE OF SERVICES

A. Vendor 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 Exhibit A, attached hereto and incorporated herein by this reference.

B. A change in the Scope of Services shall constitute any material change or amendment of services or work which is different from or additional to the Scope of Services. No such change, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. If Vendor proceeds without such written authorization, then Vendor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action.

II. REPORTS, DATA AND WORK PRODUCT

A. The Town shall provide Vendor with reports and such other data as may be available to the Town and reasonably required by Vendor to perform the Scope of Services. All documents provided by the Town to Vendor shall be returned to the Town. Vendor is authorized by the Town to retain copies of such data and materials at Vendor's expense.

B. The Town acknowledges that the Vendor's work product is an instrument of professional service. Nevertheless, all work product prepared under this Agreement shall become the property of the Town upon completion of the work. Vendor shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Scope Services shall remain the property of Vendor.

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C. Upon request, Vendor shall provide to the Town electronic versions of all work product, in the format directed by the Town.

D. The Town shall retain records relating to this Agreement for three (3) years after final payment is made to Vendor pursuant to Section III below.

III. COMPENSATION

A. Compensation in the amount of no more than $30,000 due to Vendor for the remainder of the 2016 fiscal year. Any future compensation shall be negotiated with any permitted annual renewals of the Agreement.

B. At intervals determined appropriate by Vendor, Vendor shall invoice the Town for services rendered. Upon receipt of such invoices, the Town shall make payment in full within thirty (30) days.

C. Notwithstanding the maximum amount specified in subsection A hereof, Vendor shall only be paid for work performed. If Vendor completes the Scope of Services for a lesser amount than the maximum amount, Vendor shall be paid the lesser amount, not the maximum amount.

IV. PROFESSIONAL RESPONSIBILITY

A. Vendor 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.

B. The work performed by Vendor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms or individuals in the same or similar type of work in the applicable community. The work and services to be performed by Vendor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations.

C. Vendor shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Vendor under this Agreement. Vendor shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions that fall below the standard of professional practice.

D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Vendor of responsibility for technical adequacy of the work. Neither the Town's review, approval or acceptance of, nor payment for, any of the services shall 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.

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E. Because the Town has hired Vendor for its professional expertise, Vendor agrees not to employ subcontractors to perform more than twenty-five percent (25%) of the work required under the Scope of Services. Upon execution of this Agreement, Vendor shall furnish to the Town a list of proposed subcontractors, and Vendor shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Vendor and subcontractors shall conform to this Agreement.

V. INSURANCE

A. Vendor 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 Vendor pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law.

B. At a minimum, and without limiting the scope of the foregoing Subsection A., Vendor shall procure and maintain, and shall cause any subcontractor of Vendor to procure and maintain commercial general liability insurance and professional liability insurance (also known as “Errors and Omissions” insurance), each such policy with a minimum combined single limit of five hundred thousand ($500,000) dollars each occurrence and one million dollars ($1,000,000) general aggregate, applicable to all premises and operations. Such coverage shall be procured and maintained with forms and insurers acceptable 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.

C. Any insurance carried by the Town, its officers, its employees, or its Vendors shall be excess and not contributory insurance to that provided by Vendor. Vendor shall be solely responsible for any deductible losses under any policy.

D. Vendor shall provide to the Town a certificate of insurance, completed by Vendor's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (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.

E. Failure on the part of Vendor to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town 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 Vendor to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Vendor from the Town.

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VI. INDEMNIFICATION

Vendor 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's 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 which arise out of or are in any manner connected with this Agreement or the Scope of Services if such injury, loss, or damage is caused by the act, omission, error, professional error, mistake, negligence, or other fault of Vendor, any subcontractor of Vendor, or any officer, employee, representative, or agent of Vendor or of any subcontractor of Vendor, or which arise out of any workmen's compensation or other employment-related claim of any employee of Vendor or of any employee of any subcontractor of Vendor. Insurance coverage requirements specified by this Agreement shall in no way lessen or limit the liability of Vendor under the terms of this indemnification obligation.

VII. TERMINATION

This Agreement shall terminate: (a) at such time as the work described in the Scope of Services is completed and the requirements of this Agreement are satisfied or (b) upon the Town's providing Vendor with thirty (30) days advance written notice, whichever occurs first. After termination, the Town shall pay Vendor for all work previously authorized and completed prior to the date of termination. If, however, Vendor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Scope of Services, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented to by Vendor.

VIII. CONFLICT OF INTEREST

The Vendor shall disclose any personal or private interest related to property or business within the Town. Upon disclosure of any such interest, the Town shall determine if the interest constitutes a conflict of interest. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a default and terminate this Agreement.

IX. INDEPENDENT CONTRACTOR

Vendor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Vendor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Vendor for all purposes. Vendor shall make no representation that it is a Town employee for any purposes.

X. ILLEGAL ALIENS

A. Pursuant to C.R.S. § 8-17.5-102(1), Vendor hereby certifies that at the time of executing this Agreement it does not knowingly employ or contract with an

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illegal alien who will perform work under this Agreement and that it will participate in either the E-Verify Program or Department Program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement.

B. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement nor shall it enter into a contract with a subcontractor that fails to certify to the Vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.

C. The Vendor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or the Department Program.

D. The Vendor is prohibited from using either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed.

E. If the Vendor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Vendor shall be required to: (a) notify the subcontractor and the Town within three (3) days that the Vendor 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 (3) days of receiving the notice required pursuant to C.R.S. Section 8-17.5-102 (2) (III) (A) the subcontractor does not stop employing or contracting with the illegal alien; except that the Vendor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.

F. The Vendor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Section 8-17.5-102 (5), C.R.S.

G. Any violation of subsections A through F above shall be deemed to be a material breach of this Agreement and the Town may immediately terminate this Agreement for cause. If this Agreement is so terminated, the Vendor shall be liable for actual and consequential damages to the Town pursuant to C.R.S. Section 8-17.5-102(3) and the Town shall notify the office of the Secretary of State of such violation and termination.

XI. 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 Boulder County, Colorado.

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B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement.

C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Vendor and the Town, superseding all prior oral or written communications.

D. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the Town or Vendor. The Vendor’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 Vendor because of this Agreement or the performance or nonperformance of services hereunder. The Town and Vendor agree to require a similar provision in all contracts with contractors, subcontractors, subVendors, vendors and other entities involved in this Project to carry out the intent of this provision.

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, addressed as follows:

The Town: Town of Nederland

Alisha Reis, Town Administrator P.O. Box 396 45 W. First Street Nederland, Colorado 80466

Vendor: Robert Half International Inc. dba Accountemps 2595 Canyon Blvd. Waterstreet Building, Suite 450 Boulder, Colorado 80302

F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

G. Modification. This Agreement may only be modified upon written agreement of the parties.

H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other.

I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the

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Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers 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. ARTICLE X, SECTION 20/TABOR. The parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Nederland and other applicable law. Notwithstanding any other provision of this Agreement concerning termination, upon the Town's failure to appropriate such funds, this Agreement shall automatically terminate.

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8

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above.

TOWN OF NEDERLAND


ATTEST: LauraJane Baur, Town Clerk

VENDOR

By: STATE OF COLORADO )

) ss. COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20___, by as .

My commission expires: (S E A L)

Notary Public

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EXHIBIT A

Scope of Services

Process Accounts Payable/Accounts Receivable

Process payroll for approximately 30 employees

Month end close/year end close

Preparation of financial statements

Bank reconciliations

Fund accounting: management of utility funds and general fund

Assist with audit prep/work with external auditors to ensure an

accurate and timely audit

Other office duties as assigned

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AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES Meeting Date: April 19, 2016 Prepared By: Alisha Reis Dept: Administration Consent ☐ Information ☐ Action ☒ Discussion ☐

______________________________________________________________________ AGENDA ITEM:

Consideration of approval of a contract with MW Golden to build the new Town Maintenance Shops

SUMMARY:

The Board of Trustees approved the Town Shop project in summer 2015. The project was put out to bid late last fall, as voters in November 2015 approved the retention of project grant funds awarded by the State Department of Local Affairs (DOLA). The Board on Feb. 16, 2016 approved a further grant proposal for supplementary funds for the project. Those are expected to be awarded in May. In the interim, the project team has prepared the attached contract to allocate funding for the already approved $1.6 million in project funds ($800,000 from DOLA grant and $800,000 approved as part of the 2016 Town Budget).

As originally presented in November 2015, two firms answered the advertisement for construction of the Town Shops project. The apparent, responsive low bidder was MW Golden of Castle Rock. The Board directed Town staff at that time to continue negotiating with MW Golden in an effort to reduce the cost of the project from the original bid, which was over the project budget. Town staff reported the results of that effort at the Board’s Jan. 19, 2016 meeting, in which it was reported that additional funds would be needed to complete the entirety of the planned scope of the project.

Additional funds were reallocated by the Board from the Capital Improvement Program (CIP) budget for 2016 and 2017 to produce matching funds for additional DOLA grant funds. When those funds are awarded, a contract amendment may be approved at that time, likely at the second meeting in May or the first meeting in June.

It is important to award contract on the bulk of the project, as the pre-manufactured metal building scheduled for the project takes an estimated 8 weeks to build in factory. The building will arrive on site in July, with April approval of contract.

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Town staff began tree removal and earth work at the site in March, and it is now prepared to move forward.

Attached for the Board’s consideration is the construction contract for the $1.6 million budget. It has passed through legal review with the Town Attorney and is now ready for approval by the Board.

Town staff, the project engineer Joel Price of JVA, and the contractor will be present at the Board’s April 19 meeting to answer questions.

Background

The Town was awarded $800,000 from DOLA in August 2015, to pair with $800,000 in Capital Improvement Program (CIP) funds budgeted in 2016 from the General, Water and Sewer funds, for a total $1.6 million construction budget.

Actual costs have come in at nearly $2 million (final value engineered budget attached). Additional funding was allocated from CIP funds, to pair with $240,000 in additional grant funds requested from DOLA.

Additional project information is available at: http://nederlandco.org/ongoing-projects/.

QUESTION BEFORE THE BOARD

Does the Board wish to allow the Mayor to sign the contract?

Does the Board wish to make any significant changes to the contract terms?

ATTACHMENTS:

1) Construction Contract with MW Golden

2) Final value engineering letter, dated Jan. 29, 2016 (construction costs)

FINANCIAL CONSIDERATIONS:

Project cost breakdown is attached.

#NEDZERO ALIGNMENT:

7I-02: Construct a new Public Works Shop that complies with Nederland's 2020 Vision and environmentally preferred practices while supporting the delivery of essential services.

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AlA Document A101- 2007

Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum.

AGREEMENT made as of the 19th day of April in the year 2016

BETWEEN the Town of Nederland And the Contractor: MW Golden Constructors

P.O. Box 338 Castle Rock, CO 80104-0338

For the following Project: Nederland Town Maintenance Shops 288 Ridge Road Nederland, CO 80466

Project Engineer: JVA Inc. 1319 Spruce Street Boulder, CO 80302

The Owner and Contractor agree as follows.

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TABLE OF ARTICLES

THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

10 INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT

DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.

§ 3.2 The Contract Time shall be measured from the date of commencement.

§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 210 days from the date of commencement, or November 15, 2016.

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Because time is of the essence and delayed performance constitutes a compensable inconvenience to the Town and its residents, the liquidated damages established in this Section shall be enforced. Such damages are not a penalty. For each day that Substantial Completion is delayed, for a portion of the work for which a Substantial Completion Date is specified under Section 3.3 above, as modified through approved change orders, Contractor shall be assessed the amount of $1,000 per day. Allowing Contractor to continue and finish the Work or any part thereof after the relevant Substantial Completion Date shall not operate as a waiver on the part of the Town of any of its rights under the Contract Documents. Any liquidated damages assessed shall not relieve Contractor from liability for any damages or costs of other contractors caused by a failure of Contractor to complete the Work in the Contract Time. Liquidated damages may be deducted from any payment due Contractor or the retainage. If the liquidated damages exceed the amount owed to Contractor, Contractor shall reimburse the City.

ARTICLE 4 CONTRACT SUM

§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be $1.6 million (one million six hundred thousand dollars), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/AP (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

§ 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.)

Item Price ($0.00)

ARTICLE 5 PAYMENTS

§ 5.1 PROGRESS PAYMENTS

§ 5.1.1 Based upon Applications for Payment submitted to the Project Engineer by the Contractor and Certificates for Payment Issued by the Project Engineer, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

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§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.

§ 5.1.3 Provided that an Application for Payment is received by the Project Engineer not later than the 15th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Project Engineer after the application date fixed above, payment shall be made by the Owner not later than 45 days after the Project Engineer receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.

§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.2 FINAL PAYMENT

§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when:

1. The Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in the attached General Conditions; and

2. A final Certificate for Payment has been issued by the Project Engineer.

§ 5.2.2 The Owner's final payment to the Contractor shall be made in accordance with Article 14 of the attached General Conditions and § 8.6.3 of this Agreement.

ARTICLE 6 DISPUTE RESOLUTIONS

§ 6.1 DISPUTE RESOLUTION

Dispute resolutions are provided for in Article 16 of the attached General Conditions.

ARTICLE 7 TERMINATION OR SUSPENSION

§ 7.1 The Contract may be terminated or suspended by the Owner or the Contractor as provided in Article 15 of the attached General Conditions.

ARTICLE 8 MISCELLANEOUS PROVISIONS

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§ 8.1 Where reference is made in this Agreement to a provision of AlA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

§ 8.3 The Owner's representative:

Alisha Reis

Town Administrator Town of Nederland PO Box 396 Nederland, CO 80446

§ 8.4 The Contractor's representative: Jason Golden Executive Vice President MW Golden Constructors PO Box 338 Castle Rock, CO 80104-0338

§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party.

§ 8.6 Other provisions:

§ 8.6.1 ORAL AGREEMENTS PROHIBITED: This Contract is expressly subject to the provisions of C.R.S. § 29-1-110(1), and Contractor acknowledges that neither the Town nor any employee or agent thereof is authorized to expend or contract for the expenditure of any monies in excess of those appropriated by the Town of Nederland Board of Trustees. The Town acknowledges and agrees that sufficient funds have been appropriated to pay the Contract Price, but Contractor shall not rely upon the appropriation of any monies or other funds in addition to those already appropriated unless and until the same are lawfully appropriated by the Town Board of Trustees. § 8.6.2. INDEPENDENT CONTRACTOR: Contractor, for all purposes arising out of this Contract, is an independent contractor and not an employee of the Town. It is expressly understood and agreed that Contractor shall not be entitled to any benefits to which the Town’s employees are entitled, such as overtime, retirement benefits, worker's compensation, injury leave or other leave benefits. § 8.6.3. FINAL PAYMENT AND RETAINAGE: COLORADO LAW

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Notwithstanding any other provision of this Contract to the contrary, including but not limited to Article 14 of the General Conditions, upon final completion of the Work, the Town shall pay the Contractor the remainder of the Contract Price theretofore unpaid. Notwithstanding any other part of this Section, the Contractor agrees that the Town shall, when required by C.R.S. § 38-26-107(1), publish a “notice of final payment” in a legal Boulder County newspaper prior to making final payment to the Contractor. This notice of final payment advertises the date, time, and place when final payment will be made and is intended to alert subcontractors so they can present any claims for unpaid amounts to the Town. The final payment procedure typically delays the final payment made to the Contractor of the retainage amount. Regardless of whether “notice of final payment” is required by state statute, final payment shall not be made to the Contractor until the Town has complied with all applicable requirements of C.R.S. § 38-26-107 and all claims, if any, have been resolved to the satisfaction of the Town.

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.

§ 9.1.1 The Agreement is this executed AlA Document A101-2007, Standard Form of Agreement between Owner and Contractor.

§ 9.1.2 The General Conditions are attached, Standard General Conditions of the Contract.

§ 9.1.3 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.)

Number Title Date

§ 9.1.6 The Addenda, if any:

Number Date Pages

Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above.

TOWN OF NEDERLAND


ATTEST:


CONTRACTOR

By: Jason Golden, Executive Vice President

STATE OF COLORADO )

) ss.

COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20___, by as .

My commission expires:

(S E A L)

Notary Public

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EJCDC C-700 Standard General Conditions of the Construction Contract

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

Page 1

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES

______________________

ASSOCIATED GENERAL CONTRACTORS OF AMERICA

______________________

AMERICAN SOCIETY OF CIVIL ENGINEERS

_______________________

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE

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Page 2

Copyright © 2007 National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882

www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723

www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118

www.agc.org

The copyright for this EJCDC document is owned jointly by the four

EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

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http://www.nspe.org/












http://www.acec.org/












http://www.asce.org/












http://www.agc.org/

http://www.agc.org/

http://www.agc.org/

http://www.agc.org/

http://www.agc.org/

http://www.agc.org/

http://www.agc.org/

http://www.agc.org/

http://www.agc.org/

http://www.agc.org/

http://www.agc.org/



Page i

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology..........................................................................................................1

1.01 Defined Terms ..............................................................................................................................1

1.02 Terminology..................................................................................................................................5

Article 2 – Preliminary Matters.........................................................................................................................6

2.01 Delivery of Bonds and Evidence of Insurance.............................................................................6

2.02 Copies of Documents ...................................................................................................................6

2.03 Commencement of Contract Times; Notice to Proceed ..............................................................6

2.04 Starting the Work..........................................................................................................................7

2.05 Before Starting Construction........................................................................................................7

2.06 Preconstruction Conference; Designation of Authorized Representatives..................................7

2.07 Initial Acceptance of Schedules ...................................................................................................7

Article 3 – Contract Documents: Intent, Amending, Reuse............................................................................8

3.01 Intent .............................................................................................................................................8

3.02 Reference Standards .....................................................................................................................8

3.03 Reporting and Resolving Discrepancies ......................................................................................8

3.04 Amending and Supplementing Contract Documents...................................................................9

3.05 Reuse of Documents...................................................................................................................10

3.06 Electronic Data ...........................................................................................................................10

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental

Conditions; Reference Points ..........................................................................................................10

4.01 Availability of Lands ..................................................................................................................10

4.02 Subsurface and Physical Conditions ..........................................................................................11

4.03 Differing Subsurface or Physical Conditions.............................................................................11

4.04 Underground Facilities ...............................................................................................................13

4.05 Reference Points .........................................................................................................................14

4.06 Hazardous Environmental Condition at Site..............................................................................14

Article 5 – Bonds and Insurance .....................................................................................................................16

5.01 Performance, Payment, and Other Bonds ..................................................................................16

5.02 Licensed Sureties and Insurers ...................................................................................................16

5.03 Certificates of Insurance.............................................................................................................16

5.04 Contractor’s Insurance................................................................................................................17

5.05 Owner’s Liability Insurance .......................................................................................................18

5.06 Property Insurance ......................................................................................................................18

5.07 Waiver of Rights.........................................................................................................................20

5.08 Receipt and Application of Insurance Proceeds.........................................................................21

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Page ii

5.09 Acceptance of Bonds and Insurance; Option to Replace...........................................................21

5.10 Partial Utilization, Acknowledgment of Property Insurer .........................................................21

Article 6 – Contractor’s Responsibilities........................................................................................................22

6.01 Supervision and Superintendence ..............................................................................................22

6.02 Labor; Working Hours ...............................................................................................................22

6.03 Services, Materials, and Equipment...........................................................................................22

6.04 Progress Schedule.......................................................................................................................23

6.05 Substitutes and “Or-Equals”.......................................................................................................23

6.06 Concerning Subcontractors, Suppliers, and Others ...................................................................25

6.07 Patent Fees and Royalties ...........................................................................................................27

6.08 Permits ........................................................................................................................................27

6.09 Laws and Regulations.................................................................................................................27

6.10 Taxes...........................................................................................................................................28

6.11 Use of Site and Other Areas .......................................................................................................28

6.12 Record Documents .....................................................................................................................29

6.13 Safety and Protection..................................................................................................................29

6.14 Safety Representative .................................................................................................................30

6.15 Hazard Communication Programs .............................................................................................30

6.16 Emergencies................................................................................................................................30

6.17 Shop Drawings and Samples......................................................................................................30

6.18 Continuing the Work ..................................................................................................................32

6.19 Contractor’s General Warranty and Guarantee..........................................................................32

6.20 Indemnification...........................................................................................................................33

6.21 Delegation of Professional Design Services ..............................................................................34

Article 7 – Other Work at the Site ..................................................................................................................35

7.01 Related Work at Site...................................................................................................................35

7.02 Coordination ...............................................................................................................................35

7.03 Legal Relationships ....................................................................................................................36

Article 8 – Owner’s Responsibilities ..............................................................................................................36

8.01 Communications to Contractor ..................................................................................................36

8.02 Replacement of Engineer ...........................................................................................................36

8.03 Furnish Data................................................................................................................................36

8.04 Pay When Due ............................................................................................................................36

8.05 Lands and Easements; Reports and Tests ..................................................................................36

8.06 Insurance.....................................................................................................................................36

8.07 Change Orders ............................................................................................................................36

8.08 Inspections, Tests, and Approvals..............................................................................................37

8.09 Limitations on Owner’s Responsibilities ...................................................................................37

8.10 Undisclosed Hazardous Environmental Condition....................................................................37

8.11 Evidence of Financial Arrangements .........................................................................................37

8.12 Compliance with Safety Program ..............................................................................................37

Article 9 – Engineer’s Status During Construction ........................................................................................37

9.01 Owner’s Representative..............................................................................................................37

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9.02 Visits to Site................................................................................................................................37

9.03 Project Representative ................................................................................................................38

9.04 Authorized Variations in Work..................................................................................................38

9.05 Rejecting Defective Work ..........................................................................................................38

9.06 Shop Drawings, Change Orders and Payments .........................................................................38

9.07 Determinations for Unit Price Work ..........................................................................................39

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................39

9.09 Limitations on Engineer’s Authority and Responsibilities........................................................39

9.10 Compliance with Safety Program ..............................................................................................40

Article 10 – Changes in the Work; Claims.....................................................................................................40

10.01 Authorized Changes in the Work...............................................................................................40

10.02 Unauthorized Changes in the Work ...........................................................................................40

10.03 Execution of Change Orders ......................................................................................................41

10.04 Notification to Surety .................................................................................................................41

10.05 Claims .........................................................................................................................................41

Article 11 – Cost of the Work; Allowances; Unit Price Work.......................................................................42

11.01 Cost of the Work ........................................................................................................................42

11.02 Allowances .................................................................................................................................45

11.03 Unit Price Work..........................................................................................................................45

Article 12 – Change of Contract Price; Change of Contract Times...............................................................46

12.01 Change of Contract Price............................................................................................................46

12.02 Change of Contract Times..........................................................................................................47

12.03 Delays .........................................................................................................................................47

Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................48

13.01 Notice of Defects ........................................................................................................................48

13.02 Access to Work...........................................................................................................................48

13.03 Tests and Inspections..................................................................................................................48

13.04 Uncovering Work .......................................................................................................................49

13.05 Owner May Stop the Work ........................................................................................................50

13.06 Correction or Removal of Defective Work................................................................................50

13.07 Correction Period........................................................................................................................50

13.08 Acceptance of Defective Work ..................................................................................................51

13.09 Owner May Correct Defective Work .........................................................................................51

Article 14 – Payments to Contractor and Completion....................................................................................52

14.01 Schedule of Values .....................................................................................................................52

14.02 Progress Payments......................................................................................................................52

14.03 Contractor’s Warranty of Title ...................................................................................................55

14.04 Substantial Completion ..............................................................................................................55

14.05 Partial Utilization........................................................................................................................56

14.06 Final Inspection ..........................................................................................................................56

14.07 Final Payment .............................................................................................................................57

14.08 Final Completion Delayed..........................................................................................................58

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14.09 Waiver of Claims........................................................................................................................58

Article 15 – Suspension of Work and Termination........................................................................................58

15.01 Owner May Suspend Work ........................................................................................................58

15.02 Owner May Terminate for Cause...............................................................................................58

15.03 Owner May Terminate For Convenience...................................................................................60

15.04 Contractor May Stop Work or Terminate ..................................................................................60

Article 16 – Dispute Resolution......................................................................................................................61

16.01 Methods and Procedures ............................................................................................................61

Article 17 – Miscellaneous .............................................................................................................................61

17.01 Giving Notice .............................................................................................................................61

17.02 Computation of Times................................................................................................................61

17.03 Cumulative Remedies.................................................................................................................62

17.04 Survival of Obligations...............................................................................................................62

17.05 Controlling Law..........................................................................................................................62

17.06 Headings .....................................................................................................................................62

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Page 1 of 62

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial

capital letters, the terms listed below will have the meanings indicated which are applicable to

both the singular and plural thereof. In addition to terms specifically defined, terms with initial

capital letters in the Contract Documents include references to identified articles and paragraphs,

and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,

correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument which is evidence of the agreement between Owner and

Contractor covering the Work.

3. Application for Payment—The form acceptable to Engineer which is to be used by

Contractor during the course of the Work in requesting progress or final payments and which

is to be accompanied by such supporting documentation as is required by the Contract

Documents.

4. Asbestos—Any material that contains more than one percent asbestos and is friable or is

releasing asbestos fibers into the air above current action levels established by the United

States Occupational Safety and Health Administration.

5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the

prices for the Work to be performed.

6. Bidder—The individual or entity who submits a Bid directly to Owner.

7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents

(including all Addenda).

8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid

security of acceptable form, if any, and the Bid Form with any supplements.

9. Change Order—A document recommended by Engineer which is signed by Contractor and

Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the

Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract

Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A

demand for money or services by a third party is not a Claim.

11. Contract—The entire and integrated written agreement between the Owner and Contractor

concerning the Work. The Contract supersedes prior negotiations, representations, or

agreements, whether written or oral.

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Page 2 of 62

12. Contract Documents—Those items so designated in the Agreement. Only printed or hard

copies of the items listed in the Agreement are Contract Documents. Approved Shop

Drawings, other Contractor submittals, and the reports and drawings of subsurface and

physical conditions are not Contract Documents.

13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in

accordance with the Contract Documents as stated in the Agreement (subject to the

provisions of Paragraph 11.03 in the case of Unit Price Work).

14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve

Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it

is ready for final payment as evidenced by Engineer’s written recommendation of final

payment.

15. Contractor—The individual or entity with whom Owner has entered into the Agreement.

16. Cost of the Work—See Paragraph 11.01 for definition.

17. Drawings—That part of the Contract Documents prepared or approved by Engineer which

graphically shows the scope, extent, and character of the Work to be performed by

Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes

effective, but if no such date is indicated, it means the date on which the Agreement is signed

and delivered by the last of the two parties to sign and deliver.

19. Engineer—The individual or entity named as such in the Agreement.

20. Field Order—A written order issued by Engineer which requires minor changes in the Work

but which does not involve a change in the Contract Price or the Contract Times.

21. General Requirements—Sections of Division 1 of the Specifications.

22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs,

Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances

that may present a substantial danger to persons or property exposed thereto.

23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section

1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations,

ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and

courts having jurisdiction.

25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or

personal property.

26. Milestone—A principal event specified in the Contract Documents relating to an intermediate

completion date or time prior to Substantial Completion of all the Work.

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27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon

timely compliance by the Successful Bidder with the conditions precedent listed therein,

Owner will sign and deliver the Agreement.

28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which

the Contract Times will commence to run and on which Contractor shall start to perform the

Work under the Contract Documents.

29. Owner—The individual or entity with whom Contractor has entered into the Agreement and

for whom the Work is to be performed.

30. PCBs—Polychlorinated biphenyls.

31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard

conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square

inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and

oil mixed with other non-Hazardous Waste and crude oils.

32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the

sequence and duration of the activities comprising the Contractor’s plan to accomplish the

Work within the Contract Times.

33. Project—The total construction of which the Work to be performed under the Contract

Documents may be the whole, or a part.

34. Project Manual—The bound documentary information prepared for bidding and constructing

the Work. A listing of the contents of the Project Manual, which may be bound in one or

more volumes, is contained in the table(s) of contents.

35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the

Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

36. Resident Project Representative—The authorized representative of Engineer who may be

assigned to the Site or any part thereof.

37. Samples—Physical examples of materials, equipment, or workmanship that are

representative of some portion of the Work and which establish the standards by which such

portion of the Work will be judged.

38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required

submittals and the time requirements to support scheduled performance of related

construction activities.

39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions

of the Contract Price to various portions of the Work and used as the basis for reviewing

Contractor’s Applications for Payment.

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40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or

information which are specifically prepared or assembled by or for Contractor and submitted

by Contractor to illustrate some portion of the Work.

41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon

which the Work is to be performed, including rights-of-way and easements for access

thereto, and such other lands furnished by Owner which are designated for the use of

Contractor.

42. Specifications—That part of the Contract Documents consisting of written requirements for

materials, equipment, systems, standards and workmanship as applied to the Work, and

certain administrative requirements and procedural matters applicable thereto.

43. Subcontractor—An individual or entity having a direct contract with Contractor or with any

other Subcontractor for the performance of a part of the Work at the Site.

44. Substantial Completion—The time at which the Work (or a specified part thereof) has

progressed to the point where, in the opinion of Engineer, the Work (or a specified part

thereof) is sufficiently complete, in accordance with the Contract Documents, so that the

Work (or a specified part thereof) can be utilized for the purposes for which it is intended.

The terms “substantially complete” and “substantially completed” as applied to all or part of

the Work refer to Substantial Completion thereof.

45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an

award.

46. Supplementary Conditions—That part of the Contract Documents which amends or

supplements these General Conditions.

47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a

direct contract with Contractor or with any Subcontractor to furnish materials or equipment

to be incorporated in the Work by Contractor or Subcontractor.

48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,

manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements

containing such facilities, including those that convey electricity, gases, steam, liquid

petroleum products, telephone or other communications, cable television, water, wastewater,

storm water, other liquids or chemicals, or traffic or other control systems.

49. Unit Price Work—Work to be paid for on the basis of unit prices.

50. Work—The entire construction or the various separately identifiable parts thereof required to

be provided under the Contract Documents. Work includes and is the result of performing or

providing all labor, services, and documentation necessary to produce such construction, and

furnishing, installing, and incorporating all materials and equipment into such construction,

all as required by the Contract Documents.

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51. Work Change Directive—A written statement to Contractor issued on or after the Effective

Date of the Agreement and signed by Owner and recommended by Engineer ordering an

addition, deletion, or revision in the Work, or responding to differing or unforeseen

subsurface or physical conditions under which the Work is to be performed or to

emergencies. A Work Change Directive will not change the Contract Price or the Contract

Times but is evidence that the parties expect that the change ordered or documented by a

Work Change Directive will be incorporated in a subsequently issued Change Order

following negotiations by the parties as to its effect, if any, on the Contract Price or Contract

Times.

1.02 Terminology

A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in

the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as

directed” or terms of like effect or import to authorize an exercise of professional judgment

by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,”

“satisfactory,” or adjectives of like effect or import are used to describe an action or

determination of Engineer as to the Work. It is intended that such exercise of professional

judgment, action, or determination will be solely to evaluate, in general, the Work for

compliance with the information in the Contract Documents and with the design concept of

the Project as a functioning whole as shown or indicated in the Contract Documents (unless

there is a specific statement indicating otherwise). The use of any such term or adjective is

not intended to and shall not be effective to assign to Engineer any duty or authority to

supervise or direct the performance of the Work, or any duty or authority to undertake

responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the

Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next

midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is

unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test, or

approval referred to in the Contract Documents; or

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c. has been damaged prior to Engineer’s recommendation of final payment (unless

responsibility for the protection thereof has been assumed by Owner at Substantial

Completion in accordance with Paragraph 14.04 or 14.05).

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall

mean to supply and deliver said services, materials, or equipment to the Site (or some other

specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall

mean to put into use or place in final position said services, materials, or equipment complete

and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or

equipment, shall mean to furnish and install said services, materials, or equipment complete

and ready for intended use.

4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services,

materials, or equipment in a context clearly requiring an obligation of Contractor, “provide”

is implied.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known

technical or construction industry or trade meaning are used in the Contract Documents in

accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor

shall also deliver to Owner such bonds as Contractor may be required to furnish.

B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each

deliver to the other, with copies to each additional insured identified in the Supplementary

Conditions, certificates of insurance (and other evidence of insurance which either of them or

any additional insured may reasonably request) which Contractor and Owner respectively are

required to purchase and maintain in accordance with Article 5.

2.02 Copies of Documents

A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project

Manual. Additional copies will be furnished upon request at the cost of reproduction.

2.03 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the

Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A

Notice to Proceed may be given at any time within 30 days after the Effective Date of the

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Agreement. In no event will the Contract Times commence to run later than the sixtieth day after

the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever

date is earlier.

2.04 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to

run. No Work shall be done at the Site prior to the date on which the Contract Times commence

to run.

2.05 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless

otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely

review:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting

and completing the various stages of the Work, including any Milestones specified in the

Contract Documents;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of

items which when added together equal the Contract Price and subdivides the Work into

component parts in sufficient detail to serve as the basis for progress payments during

performance of the Work. Such prices will include an appropriate amount of overhead and

profit applicable to each item of Work.

2.06 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,

and others as appropriate will be held to establish a working understanding among the parties as

to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for

handling Shop Drawings and other submittals, processing Applications for Payment, and

maintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to

act as its authorized representative with respect to the services and responsibilities under the

Contract. Such individuals shall have the authority to transmit instructions, receive information,

render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.07 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference attended by

Contractor, Engineer, and others as appropriate will be held to review for acceptability to

Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A.

Contractor shall have an additional 10 days to make corrections and adjustments and to complete

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and resubmit the schedules. No progress payment shall be made to Contractor until acceptable

schedules are submitted to Engineer.

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of

the Work to completion within the Contract Times. Such acceptance will not impose on

Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of

the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility

therefore.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable

arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it

provides a reasonable allocation of the Contract Price to component parts of the Work.

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one is as binding as if required

by all.

B. It is the intent of the Contract Documents to describe a functionally complete project (or part

thereof) to be constructed in accordance with the Contract Documents. Any labor,

documentation, services, materials, or equipment that reasonably may be inferred from the

Contract Documents or from prevailing custom or trade usage as being required to produce the

indicated result will be provided whether or not specifically called for, at no additional cost to

Owner.

C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as

provided in Article 9.

3.02 Reference Standards

A. Standards, Specifications, Codes, Laws, and Regulations

1. Reference to standards, specifications, manuals, or codes of any technical society,

organization, or association, or to Laws or Regulations, whether such reference be specific or

by implication, shall mean the standard, specification, manual, code, or Laws or Regulations

in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there

were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a

Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or

Engineer, or any of their subcontractors, consultants, agents, or employees, from those set

forth in the Contract Documents. No such provision or instruction shall be effective to assign

to Owner, Engineer, or any of their officers, directors, members, partners, employees,

agents, consultants, or subcontractors, any duty or authority to supervise or direct the

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performance of the Work or any duty or authority to undertake responsibility inconsistent

with the provisions of the Contract Documents.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each

part of the Work, Contractor shall carefully study and compare the Contract Documents and

check and verify pertinent figures therein and all applicable field measurements. Contractor

shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy

which Contractor discovers, or has actual knowledge of, and shall obtain a written

interpretation or clarification from Engineer before proceeding with any Work affected

thereby.

2. Contractor’s Review of Contract Documents During Performance of Work: If, during the

performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy

within the Contract Documents, or between the Contract Documents and (a) any applicable

Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of

any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall

not proceed with the Work affected thereby (except in an emergency as required by

Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been

issued by one of the methods indicated in Paragraph 3.04.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,

ambiguity, or discrepancy in the Contract Documents unless Contractor had actual

knowledge thereof.

B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of

the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or

discrepancy between the provisions of the Contract Documents and:

a. the provisions of any standard, specification, manual, or code, or the instruction of any

Supplier (whether or not specifically incorporated by reference in the Contract

Documents); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work

(unless such an interpretation of the provisions of the Contract Documents would result

in violation of such Law or Regulation).

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in

the Work or to modify the terms and conditions thereof by either a Change Order or a Work

Change Directive.

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B. The requirements of the Contract Documents may be supplemented, and minor variations and

deviations in the Work may be authorized, by one or more of the following ways:

1. A Field Order;

2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph

6.17.D.3); or

3. Engineer’s written interpretation or clarification.

3.05 Reuse of Documents

A. Contractor and any Subcontractor or Supplier shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or

other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its

consultants, including electronic media editions; or

2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of

the Project or any other project without written consent of Owner and Engineer and specific

written verification or adaptation by Engineer.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the

Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract

Documents for record purposes.

3.06 Electronic Data

A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or

Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are

limited to the printed copies (also known as hard copies). Files in electronic media format of

text, data, graphics, or other types are furnished only for the convenience of the receiving party.

Any conclusion or information obtained or derived from such electronic files will be at the user’s

sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard

copies govern.

B. Because data stored in electronic media format can deteriorate or be modified inadvertently or

otherwise without authorization of the data’s creator, the party receiving electronic files agrees

that it will perform acceptance tests or procedures within 60 days, after which the receiving party

shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day

acceptance period will be corrected by the transferring party.

C. When transferring documents in electronic media format, the transferring party makes no

representations as to long term compatibility, usability, or readability of documents resulting

from the use of software application packages, operating systems, or computer hardware

differing from those used by the data’s creator.

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ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;

HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

4.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions

not of general application but specifically related to use of the Site with which Contractor must

comply in performing the Work. Owner will obtain in a timely manner and pay for easements for

permanent structures or permanent changes in existing facilities. If Contractor and Owner are

unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the

Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site

or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.

B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of

record legal title and legal description of the lands upon which the Work is to be performed and

Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction

lien against such lands in accordance with applicable Laws and Regulations.

C. Contractor shall provide for all additional lands and access thereto that may be required for

temporary construction facilities or storage of materials and equipment.

4.02 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner of explorations and tests of subsurface conditions at or

contiguous to the Site; and

2. those drawings known to Owner of physical conditions relating to existing surface or

subsurface structures at the Site (except Underground Facilities).

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the

accuracy of the “technical data” contained in such reports and drawings, but such reports and

drawings are not Contract Documents. Such “technical data” is identified in the Supplementary

Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or

make any claim against Owner or Engineer, or any of their officers, directors, members, partners,

employees, agents, consultants, or subcontractors with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not

limited to, any aspects of the means, methods, techniques, sequences, and procedures of

construction to be employed by Contractor, and safety precautions and programs incident

thereto; or

2. other data, interpretations, opinions, and information contained in such reports or shown or

indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such

other data, interpretations, opinions, or information.

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4.03 Differing Subsurface or Physical Conditions

A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or

revealed either:

1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to

rely as provided in Paragraph 4.02 is materially inaccurate; or

2. is of such a nature as to require a change in the Contract Documents; or

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and

generally recognized as inherent in work of the character provided for in the Contract

Documents;

then Contractor shall, promptly after becoming aware thereof and before further disturbing the

subsurface or physical conditions or performing any Work in connection therewith (except in an

emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such

condition. Contractor shall not further disturb such condition or perform any Work in connection

therewith (except as aforesaid) until receipt of written order to do so.

B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer

will promptly review the pertinent condition, determine the necessity of Owner’s obtaining

additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to

Contractor) of Engineer’s findings and conclusions.

C. Possible Price and Times Adjustments:

1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent

that the existence of such differing subsurface or physical condition causes an increase or

decrease in Contractor’s cost of, or time required for, performance of the Work; subject,

however, to the following:

a. such condition must meet any one or more of the categories described in Paragraph

4.03.A; and

b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract

Price will be subject to the provisions of Paragraphs 9.07 and 11.03.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:

a. Contractor knew of the existence of such conditions at the time Contractor made a final

commitment to Owner with respect to Contract Price and Contract Times by the

submission of a Bid or becoming bound under a negotiated contract; or

b. the existence of such condition could reasonably have been discovered or revealed as a

result of any examination, investigation, exploration, test, or study of the Site and

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contiguous areas required by the Bidding Requirements or Contract Documents to be

conducted by or for Contractor prior to Contractor’s making such final commitment; or

c. Contractor failed to give the written notice as required by Paragraph 4.03.A.

3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if

any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be

made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any

of their officers, directors, members, partners, employees, agents, consultants, or

subcontractors shall be liable to Contractor for any claims, costs, losses, or damages

(including but not limited to all fees and charges of engineers, architects, attorneys, and other

professionals and all court or arbitration or other dispute resolution costs) sustained by

Contractor on or in connection with any other project or anticipated project.

4.04 Underground Facilities

A. Shown or Indicated: The information and data shown or indicated in the Contract Documents

with respect to existing Underground Facilities at or contiguous to the Site is based on

information and data furnished to Owner or Engineer by the owners of such Underground

Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the

Supplementary Conditions:

1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such

information or data provided by others; and

2. the cost of all of the following will be included in the Contract Price, and Contractor shall

have full responsibility for:

a. reviewing and checking all such information and data;

b. locating all Underground Facilities shown or indicated in the Contract Documents;

c. coordination of the Work with the owners of such Underground Facilities, including

Owner, during construction; and

d. the safety and protection of all such Underground Facilities and repairing any damage

thereto resulting from the Work.

B. Not Shown or Indicated:

1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was

not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract

Documents, Contractor shall, promptly after becoming aware thereof and before further

disturbing conditions affected thereby or performing any Work in connection therewith

(except in an emergency as required by Paragraph 6.16.A), identify the owner of such

Underground Facility and give written notice to that owner and to Owner and Engineer.

Engineer will promptly review the Underground Facility and determine the extent, if any, to

which a change is required in the Contract Documents to reflect and document the

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consequences of the existence or location of the Underground Facility. During such time,

Contractor shall be responsible for the safety and protection of such Underground Facility.

2. If Engineer concludes that a change in the Contract Documents is required, a Work Change

Directive or a Change Order will be issued to reflect and document such consequences. An

equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the

extent that they are attributable to the existence or location of any Underground Facility that

was not shown or indicated or not shown or indicated with reasonable accuracy in the

Contract Documents and that Contractor did not know of and could not reasonably have been

expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree

on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price

or Contract Times, Owner or Contractor may make a Claim therefor as provided in

Paragraph 10.05.

4.05 Reference Points

A. Owner shall provide engineering surveys to establish reference points for construction which in

Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor

shall be responsible for laying out the Work, shall protect and preserve the established reference

points and property monuments, and shall make no changes or relocations without the prior

written approval of Owner. Contractor shall report to Engineer whenever any reference point or

property monument is lost or destroyed or requires relocation because of necessary changes in

grades or locations, and shall be responsible for the accurate replacement or relocation of such

reference points or property monuments by professionally qualified personnel.

4.06 Hazardous Environmental Condition at Site

A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings

known to Owner relating to Hazardous Environmental Conditions that have been identified at

the Site.

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the

accuracy of the “technical data” contained in such reports and drawings, but such reports and

drawings are not Contract Documents. Such “technical data” is identified in the Supplementary

Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or

make any claim against Owner or Engineer, or any of their officers, directors, members, partners,

employees, agents, consultants, or subcontractors with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not

limited to, any aspects of the means, methods, techniques, sequences and procedures of

construction to be employed by Contractor and safety precautions and programs incident

thereto; or

2. other data, interpretations, opinions and information contained in such reports or shown or

indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such

other data, interpretations, opinions or information.

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C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or

revealed at the Site which was not shown or indicated in Drawings or Specifications or identified

in the Contract Documents to be within the scope of the Work. Contractor shall be responsible

for a Hazardous Environmental Condition created with any materials brought to the Site by

Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.

D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for

whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall

immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with

such condition and in any area affected thereby (except in an emergency as required by

Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such

notice in writing). Owner shall promptly consult with Engineer concerning the necessity for

Owner to retain a qualified expert to evaluate such condition or take corrective action, if any.

Promptly after consulting with Engineer, Owner shall take such actions as are necessary to

permit Owner to timely obtain required permits and provide Contractor the written notice

required by Paragraph 4.06.E.

E. Contractor shall not be required to resume Work in connection with such condition or in any

affected area until after Owner has obtained any required permits related thereto and delivered

written notice to Contractor: (i) specifying that such condition and any affected area is or has

been rendered safe for the resumption of Work; or (ii) specifying any special conditions under

which such Work may be resumed safely. If Owner and Contractor cannot agree as to

entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract

Times, or both, as a result of such Work stoppage or such special conditions under which Work

is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in

Paragraph 10.05.

F. If after receipt of such written notice Contractor does not agree to resume such Work based on a

reasonable belief it is unsafe, or does not agree to resume such Work under such special

conditions, then Owner may order the portion of the Work that is in the area affected by such

condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to

or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a

result of deleting such portion of the Work, then either party may make a Claim therefor as

provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by

Owner’s own forces or others in accordance with Article 7.

G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold

harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,

partners, employees, agents, consultants, and subcontractors of each and any of them from and

against all claims, costs, losses, and damages (including but not limited to all fees and charges of

engineers, architects, attorneys, and other professionals and all court or arbitration or other

dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition,

provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the

Drawings or Specifications or identified in the Contract Documents to be included within the

scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is

responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual

or entity from and against the consequences of that individual’s or entity’s own negligence.

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H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold

harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,

consultants, and subcontractors of each and any of them from and against all claims, costs,

losses, and damages (including but not limited to all fees and charges of engineers, architects,

attorneys, and other professionals and all court or arbitration or other dispute resolution costs)

arising out of or relating to a Hazardous Environmental Condition created by Contractor or by

anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate

Contractor to indemnify any individual or entity from and against the consequences of that

individual’s or entity’s own negligence.

I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental

Condition uncovered or revealed at the Site.

ARTICLE 5 – BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the

Contract Price as security for the faithful performance and payment of all of Contractor’s

obligations under the Contract Documents. These bonds shall remain in effect until one year

after the date when final payment becomes due or until completion of the correction period

specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or

Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are

required by the Contract Documents.

B. All bonds shall be in the form prescribed by the Contract Documents except as provided

otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list

of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and

as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial

Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed

by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s

authority to bind the surety. The evidence of authority shall show that it is effective on the date

the agent or attorney-in-fact signed each bond.

C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or

its right to do business is terminated in any state where any part of the Project is located or it

ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner

and Engineer and shall, within 20 days after the event giving rise to such notification, provide

another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B

and 5.02.

5.02 Licensed Sureties and Insurers

A. All bonds and insurance required by the Contract Documents to be purchased and maintained by

Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed

or authorized in the jurisdiction in which the Project is located to issue bonds or insurance

policies for the limits and coverages so required. Such surety and insurance companies shall also

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meet such additional requirements and qualifications as may be provided in the Supplementary

Conditions.

5.03 Certificates of Insurance

A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee

identified in the Supplementary Conditions, certificates of insurance (and other evidence of

insurance requested by Owner or any other additional insured) which Contractor is required to

purchase and maintain.

B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee

identified in the Supplementary Conditions, certificates of insurance (and other evidence of

insurance requested by Contractor or any other additional insured) which Owner is required to

purchase and maintain.

C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance

with these insurance requirements or failure of Owner to identify a deficiency in compliance

from the evidence provided shall not be construed as a waiver of Contractor’s obligation to

maintain such insurance.

D. Owner does not represent that insurance coverage and limits established in this Contract

necessarily will be adequate to protect Contractor.

E. The insurance and insurance limits required herein shall not be deemed as a limitation on

Contractor’s liability under the indemnities granted to Owner in the Contract Documents.

5.04 Contractor’s Insurance

A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being

performed and as will provide protection from claims set forth below which may arise out of or

result from Contractor’s performance of the Work and Contractor’s other obligations under the

Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier,

or by anyone directly or indirectly employed by any of them to perform any of the Work, or by

anyone for whose acts any of them may be liable:

1. claims under workers’ compensation, disability benefits, and other similar employee benefit

acts;

2. claims for damages because of bodily injury, occupational sickness or disease, or death of

Contractor’s employees;

3. claims for damages because of bodily injury, sickness or disease, or death of any person other

than Contractor’s employees;

4. claims for damages insured by reasonably available personal injury liability coverage which

are sustained:

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a. by any person as a result of an offense directly or indirectly related to the employment of

such person by Contractor, or

b. by any other person for any other reason;

5. claims for damages, other than to the Work itself, because of injury to or destruction of

tangible property wherever located, including loss of use resulting therefrom; and

6. claims for damages because of bodily injury or death of any person or property damage

arising out of the ownership, maintenance or use of any motor vehicle.

B. The policies of insurance required by this Paragraph 5.04 shall:

1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be

written on an occurrence basis, include as additional insureds (subject to any customary

exclusion regarding professional liability) Owner and Engineer, and any other individuals or

entities identified in the Supplementary Conditions, all of whom shall be listed as additional

insureds, and include coverage for the respective officers, directors, members, partners,

employees, agents, consultants, and subcontractors of each and any of all such additional

insureds, and the insurance afforded to these additional insureds shall provide primary

coverage for all claims covered thereby;

2. include at least the specific coverages and be written for not less than the limits of liability

provided in the Supplementary Conditions or required by Laws or Regulations, whichever is

greater;

3. include contractual liability insurance covering Contractor’s indemnity obligations under

Paragraphs 6.11 and 6.20;

4. contain a provision or endorsement that the coverage afforded will not be canceled,

materially changed or renewal refused until at least 30 days prior written notice has been

given to Owner and Contractor and to each other additional insured identified in the

Supplementary Conditions to whom a certificate of insurance has been issued (and the

certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so

provide);

5. remain in effect at least until final payment and at all times thereafter when Contractor may

be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07;

and

6. include completed operations coverage:

a. Such insurance shall remain in effect for two years after final payment.

b. Contractor shall furnish Owner and each other additional insured identified in the

Supplementary Conditions, to whom a certificate of insurance has been issued, evidence

satisfactory to Owner and any such additional insured of continuation of such insurance

at final payment and one year thereafter.

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5.05 Owner’s Liability Insurance

A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner,

at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability

insurance as will protect Owner against claims which may arise from operations under the

Contract Documents.

5.06 Property Insurance

A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain

property insurance upon the Work at the Site in the amount of the full replacement cost thereof

(subject to such deductible amounts as may be provided in the Supplementary Conditions or

required by Laws and Regulations). This insurance shall:

1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other

individuals or entities identified in the Supplementary Conditions, and the officers, directors,

members, partners, employees, agents, consultants, and subcontractors of each and any of

them, each of whom is deemed to have an insurable interest and shall be listed as a loss

payee;

2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for

physical loss or damage to the Work, temporary buildings, falsework, and materials and

equipment in transit, and shall insure against at least the following perils or causes of loss:

fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake,

collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations,

water damage (other than that caused by flood), and such other perils or causes of loss as

may be specifically required by the Supplementary Conditions.

3. include expenses incurred in the repair or replacement of any insured property (including but

not limited to fees and charges of engineers and architects);

4. cover materials and equipment stored at the Site or at another location that was agreed to in

writing by Owner prior to being incorporated in the Work, provided that such materials and

equipment have been included in an Application for Payment recommended by Engineer;

5. allow for partial utilization of the Work by Owner;

6. include testing and startup; and

7. be maintained in effect until final payment is made unless otherwise agreed to in writing by

Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to

whom a certificate of insurance has been issued.

B. Owner shall purchase and maintain such equipment breakdown insurance or additional property

insurance as may be required by the Supplementary Conditions or Laws and Regulations which

will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other

individuals or entities identified in the Supplementary Conditions, and the officers, directors,

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members, partners, employees, agents, consultants and subcontractors of each and any of them,

each of whom is deemed to have an insurable interest and shall be listed as a loss payee.

C. All the policies of insurance (and the certificates or other evidence thereof) required to be

purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or

endorsement that the coverage afforded will not be canceled or materially changed or renewal

refused until at least 30 days prior written notice has been given to Owner and Contractor and to

each other loss payee to whom a certificate of insurance has been issued and will contain waiver

provisions in accordance with Paragraph 5.07.

D. Owner shall not be responsible for purchasing and maintaining any property insurance specified

in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the

Work to the extent of any deductible amounts that are identified in the Supplementary

Conditions. The risk of loss within such identified deductible amount will be borne by

Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property

insurance coverage within the limits of such amounts, each may purchase and maintain it at the

purchaser’s own expense.

E. If Contractor requests in writing that other special insurance be included in the property

insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such

insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior

to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or

not such other insurance has been procured by Owner.

5.07 Waiver of Rights

A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will

protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities

identified in the Supplementary Conditions as loss payees (and the officers, directors, members,

partners, employees, agents, consultants, and subcontractors of each and any of them) in such

policies and will provide primary coverage for all losses and damages caused by the perils or

causes of loss covered thereby. All such policies shall contain provisions to the effect that in the

event of payment of any loss or damage the insurers will have no rights of recovery against any

of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each

other and their respective officers, directors, members, partners, employees, agents, consultants

and subcontractors of each and any of them for all losses and damages caused by, arising out of

or resulting from any of the perils or causes of loss covered by such policies and any other

property insurance applicable to the Work; and, in addition, waive all such rights against

Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary

Conditions as loss payees (and the officers, directors, members, partners, employees, agents,

consultants, and subcontractors of each and any of them) under such policies for losses and

damages so caused. None of the above waivers shall extend to the rights that any party making

such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise

payable under any policy so issued.

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B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,

directors, members, partners, employees, agents, consultants and subcontractors of each and any

of them for:

1. loss due to business interruption, loss of use, or other consequential loss extending beyond

direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or

resulting from fire or other perils whether or not insured by Owner; and

2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting

from fire or other insured peril or cause of loss covered by any property insurance maintained

on the completed Project or part thereof by Owner during partial utilization pursuant to

Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final

payment pursuant to Paragraph 14.07.

C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss

referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment

of any such loss, damage, or consequential loss, the insurers will have no rights of recovery

against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners,

employees, agents, consultants and subcontractors of each and any of them.

5.08 Receipt and Application of Insurance Proceeds

A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with

Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear,

subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner

shall deposit in a separate account any money so received and shall distribute it in accordance

with such agreement as the parties in interest may reach. If no other special agreement is reached,

the damaged Work shall be repaired or replaced, the moneys so received applied on account

thereof, and the Work and the cost thereof covered by an appropriate Change Order.

B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of

the parties in interest shall object in writing within 15 days after the occurrence of loss to

Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make

settlement with the insurers in accordance with such agreement as the parties in interest may

reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall

adjust and settle the loss with the insurers and, if required in writing by any party in interest,

Owner as fiduciary shall give bond for the proper performance of such duties.

5.09 Acceptance of Bonds and Insurance; Option to Replace

A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions

of the bonds or insurance required to be purchased and maintained by the other party in

accordance with Article 5 on the basis of non-conformance with the Contract Documents, the

objecting party shall so notify the other party in writing within 10 days after receipt of the

certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor

shall each provide to the other such additional information in respect of insurance provided as

the other may reasonably request. If either party does not purchase or maintain all of the bonds

and insurance required of such party by the Contract Documents, such party shall notify the other

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party in writing of such failure to purchase prior to the start of the Work, or of such failure to

maintain prior to any change in the required coverage. Without prejudice to any other right or

remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other

party’s interests at the expense of the party who was required to provide such coverage, and a

Change Order shall be issued to adjust the Contract Price accordingly.

5.10 Partial Utilization, Acknowledgment of Property Insurer

A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to

Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or

occupancy shall commence before the insurers providing the property insurance pursuant to

Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in

coverage necessitated thereby. The insurers providing the property insurance shall consent by

endorsement on the policy or policies, but the property insurance shall not be canceled or

permitted to lapse on account of any such partial use or occupancy.

ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES

6.01 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting

such attention thereto and applying such skills and expertise as may be necessary to perform the

Work in accordance with the Contract Documents. Contractor shall be solely responsible for the

means, methods, techniques, sequences, and procedures of construction. Contractor shall not be

responsible for the negligence of Owner or Engineer in the design or specification of a specific

means, method, technique, sequence, or procedure of construction which is shown or indicated

in and expressly required by the Contract Documents.

B. At all times during the progress of the Work, Contractor shall assign a competent resident

superintendent who shall not be replaced without written notice to Owner and Engineer except

under extraordinary circumstances.

6.02 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work

and perform construction as required by the Contract Documents. Contractor shall at all times

maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at

the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work

at the Site shall be performed during regular working hours. Contractor will not permit the

performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written

consent (which will not be unreasonably withheld) given after prior written notice to Engineer.

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6.03 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full

responsibility for all services, materials, equipment, labor, transportation, construction equipment

and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,

temporary facilities, and all other facilities and incidentals necessary for the performance, testing,

start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,

shall be of good quality and new, except as otherwise provided in the Contract Documents. All

special warranties and guarantees required by the Specifications shall expressly run to the benefit

of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including

reports of required tests) as to the source, kind, and quality of materials and equipment.

C. All materials and equipment shall be stored, applied, installed, connected, erected, protected,

used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except

as otherwise may be provided in the Contract Documents.

6.04 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07

as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07)

proposed adjustments in the Progress Schedule that will not result in changing the Contract

Times. Such adjustments will comply with any provisions of the General Requirements

applicable thereto.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be

submitted in accordance with the requirements of Article 12. Adjustments in Contract Times

may only be made by a Change Order.

6.05 Substitutes and “Or-Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documents

by using the name of a proprietary item or the name of a particular Supplier, the specification or

description is intended to establish the type, function, appearance, and quality required. Unless

the specification or description contains or is followed by words reading that no like, equivalent,

or “or-equal” item or no substitution is permitted, other items of material or equipment or

material or equipment of other Suppliers may be submitted to Engineer for review under the

circumstances described below.

1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment

proposed by Contractor is functionally equal to that named and sufficiently similar so that no

change in related Work will be required, it may be considered by Engineer as an “or-equal”

item, in which case review and approval of the proposed item may, in Engineer’s sole

discretion, be accomplished without compliance with some or all of the requirements for

approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a

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proposed item of material or equipment will be considered functionally equal to an item so

named if:

a. in the exercise of reasonable judgment Engineer determines that:

1) it is at least equal in materials of construction, quality, durability, appearance,

strength, and design characteristics;

2) it will reliably perform at least equally well the function and achieve the results

imposed by the design concept of the completed Project as a functioning whole; and

3) it has a proven record of performance and availability of responsive service.

b. Contractor certifies that, if approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times; and

2) it will conform substantially to the detailed requirements of the item named in the

Contract Documents.

2. Substitute Items:

a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor

does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a

proposed substitute item.

b. Contractor shall submit sufficient information as provided below to allow Engineer to

determine if the item of material or equipment proposed is essentially equivalent to that

named and an acceptable substitute therefor. Requests for review of proposed substitute

items of material or equipment will not be accepted by Engineer from anyone other than

Contractor.

c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as

supplemented by the General Requirements, and as Engineer may decide is appropriate

under the circumstances.

d. Contractor shall make written application to Engineer for review of a proposed substitute

item of material or equipment that Contractor seeks to furnish or use. The application:

1) shall certify that the proposed substitute item will:

a) perform adequately the functions and achieve the results called for by the general

design,

b) be similar in substance to that specified, and

c) be suited to the same use as that specified;

2) will state:

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a) the extent, if any, to which the use of the proposed substitute item will prejudice

Contractor’s achievement of Substantial Completion on time,

b) whether use of the proposed substitute item in the Work will require a change in

any of the Contract Documents (or in the provisions of any other direct contract

with Owner for other work on the Project) to adapt the design to the proposed

substitute item, and

c) whether incorporation or use of the proposed substitute item in connection with

the Work is subject to payment of any license fee or royalty;

3) will identify:

a) all variations of the proposed substitute item from that specified, and

b) available engineering, sales, maintenance, repair, and replacement services; and

4) shall contain an itemized estimate of all costs or credits that will result directly or

indirectly from use of such substitute item, including costs of redesign and claims of

other contractors affected by any resulting change.

B. Substitute Construction Methods or Procedures: If a specific means, method, technique,

sequence, or procedure of construction is expressly required by the Contract Documents,

Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure

of construction approved by Engineer. Contractor shall submit sufficient information to allow

Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to

that expressly called for by the Contract Documents. The requirements for review by Engineer

will be similar to those provided in Paragraph 6.05.A.2.

C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate

each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may

require Contractor to furnish additional data about the proposed substitute item. Engineer will be

the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized

until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a

substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in

writing of any negative determination.

D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special

performance guarantee or other surety with respect to any substitute.

E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a

substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B.

Whether or not Engineer approves a substitute so proposed or submitted by Contractor,

Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each

such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of

Engineer for making changes in the Contract Documents (or in the provisions of any other direct

contract with Owner) resulting from the acceptance of each proposed substitute.

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F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or

“or-equal” at Contractor’s expense.

6.06 Concerning Subcontractors, Suppliers, and Others

A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including

those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a

replacement, against whom Owner may have reasonable objection. Contractor shall not be

required to employ any Subcontractor, Supplier, or other individual or entity to furnish or

perform any of the Work against whom Contractor has reasonable objection.

B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or

other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a

specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list

thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing

or by failing to make written objection thereto by the date indicated for acceptance or objection

in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or

other individual or entity so identified may be revoked on the basis of reasonable objection after

due investigation. Contractor shall submit an acceptable replacement for the rejected

Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by

the difference in the cost occasioned by such replacement, and an appropriate Change Order will

be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or

entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or

Engineer to reject defective Work.

C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the

Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the

Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the

Contract Documents:

1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity

any contractual relationship between Owner or Engineer and any such Subcontractor,

Supplier or other individual or entity; nor

2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment

of any moneys due any such Subcontractor, Supplier, or other individual or entity except as

may otherwise be required by Laws and Regulations.

D. Contractor shall be solely responsible for scheduling and coordinating the Work of

Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the

Work under a direct or indirect contract with Contractor.

E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities

performing or furnishing any of the Work to communicate with Engineer through Contractor.

F. The divisions and sections of the Specifications and the identifications of any Drawings shall not

control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the

Work to be performed by any specific trade.

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G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an

appropriate agreement between Contractor and the Subcontractor or Supplier which specifically

binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract

Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a

Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in

Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will

contain provisions whereby the Subcontractor or Supplier waives all rights against Owner,

Contractor, Engineer, and all other individuals or entities identified in the Supplementary

Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners,

employees, agents, consultants, and subcontractors of each and any of them) for all losses and

damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss

covered by such policies and any other property insurance applicable to the Work. If the insurers

on any such policies require separate waiver forms to be signed by any Subcontractor or

Supplier, Contractor will obtain the same.

6.07 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the

performance of the Work or the incorporation in the Work of any invention, design, process,

product, or device which is the subject of patent rights or copyrights held by others. If a

particular invention, design, process, product, or device is specified in the Contract Documents

for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its

use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to

others, the existence of such rights shall be disclosed by Owner in the Contract Documents.

B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold

harmless Contractor, and its officers, directors, members, partners, employees, agents,

consultants, and subcontractors from and against all claims, costs, losses, and damages

(including but not limited to all fees and charges of engineers, architects, attorneys, and other

professionals, and all court or arbitration or other dispute resolution costs) arising out of or

relating to any infringement of patent rights or copyrights incident to the use in the performance

of the Work or resulting from the incorporation in the Work of any invention, design, process,

product, or device specified in the Contract Documents, but not identified as being subject to

payment of any license fee or royalty to others required by patent rights or copyrights.

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold


consultants and subcontractors of each and any of them from and against all claims, costs, losses,

and damages (including but not limited to all fees and charges of engineers, architects, attorneys,

and other professionals and all court or arbitration or other dispute resolution costs) arising out of

or relating to any infringement of patent rights or copyrights incident to the use in the

performance of the Work or resulting from the incorporation in the Work of any invention,

design, process, product, or device not specified in the Contract Documents.

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6.08 Permits

A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for

all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining

such permits and licenses. Contractor shall pay all governmental charges and inspection fees

necessary for the prosecution of the Work which are applicable at the time of opening of Bids,

or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of

utility owners for connections for providing permanent service to the Work.

6.09 Laws and Regulations

A. Contractor shall give all notices required by and shall comply with all Laws and Regulations

applicable to the performance of the Work. Except where otherwise expressly required by

applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for

monitoring Contractor’s compliance with any Laws or Regulations.

B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or

Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not

limited to all fees and charges of engineers, architects, attorneys, and other professionals and all

court or arbitration or other dispute resolution costs) arising out of or relating to such Work.

However, it shall not be Contractor’s responsibility to make certain that the Specifications and

Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of

Contractor’s obligations under Paragraph 3.03.

C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective

Date of the Agreement if there were no Bids) having an effect on the cost or time of performance

of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner

and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any

such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.

6.10 Taxes

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by

Contractor in accordance with the Laws and Regulations of the place of the Project which are

applicable during the performance of the Work.

6.11 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

1. Contractor shall confine construction equipment, the storage of materials and equipment, and

the operations of workers to the Site and other areas permitted by Laws and Regulations, and

shall not unreasonably encumber the Site and other areas with construction equipment or

other materials or equipment. Contractor shall assume full responsibility for any damage to

any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas

resulting from the performance of the Work.

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2. Should any claim be made by any such owner or occupant because of the performance of the

Work, Contractor shall promptly settle with such other party by negotiation or otherwise

resolve the claim by arbitration or other dispute resolution proceeding or at law.

3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and

hold harmless Owner and Engineer, and the officers, directors, members, partners,

employees, agents, consultants and subcontractors of each and any of them from and against

all claims, costs, losses, and damages (including but not limited to all fees and charges of


dispute resolution costs) arising out of or relating to any claim or action, legal or equitable,

brought by any such owner or occupant against Owner, Engineer, or any other party

indemnified hereunder to the extent caused by or based upon Contractor’s performance of

the Work.

B. Removal of Debris During Performance of the Work: During the progress of the Work

Contractor shall keep the Site and other areas free from accumulations of waste materials,

rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other

debris shall conform to applicable Laws and Regulations.

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the

Work and make it ready for utilization by Owner. At the completion of the Work Contractor

shall remove from the Site all tools, appliances, construction equipment and machinery, and

surplus materials and shall restore to original condition all property not designated for alteration

by the Contract Documents.

D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded

in any manner that will endanger the structure, nor shall Contractor subject any part of the Work

or adjacent property to stresses or pressures that will endanger it.

6.12 Record Documents

A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings,

Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written

interpretations and clarifications in good order and annotated to show changes made during

construction. These record documents together with all approved Samples and a counterpart of

all approved Shop Drawings will be available to Engineer for reference. Upon completion of the

Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for

Owner.

6.13 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety

precautions and programs in connection with the Work. Such responsibility does not relieve

Subcontractors of their responsibility for the safety of persons or property in the performance of

their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall

take all necessary precautions for the safety of, and shall provide the necessary protection to

prevent damage, injury or loss to:

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1. all persons on the Site or who may be affected by the Work;

2. all the Work and materials and equipment to be incorporated therein, whether in storage on

or off the Site; and

3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,

pavements, roadways, structures, utilities, and Underground Facilities not designated for

removal, relocation, or replacement in the course of construction.

B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of

persons or property, or to the protection of persons or property from damage, injury, or loss; and

shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall

notify owners of adjacent property and of Underground Facilities and other utility owners when

prosecution of the Work may affect them, and shall cooperate with them in the protection,

removal, relocation, and replacement of their property.

C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any.

The Supplementary Conditions identify any Owner’s safety programs that are applicable to the

Work.

D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety

program with which Owner’s and Engineer’s employees and representatives must comply while

at the Site.

E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,

directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any

other individual or entity directly or indirectly employed by any of them to perform any of the

Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor

(except damage or loss attributable to the fault of Drawings or Specifications or to the acts or

omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts

any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the

fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity

directly or indirectly employed by any of them).

F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue

until such time as all the Work is completed and Engineer has issued a notice to Owner and

Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as

otherwise expressly provided in connection with Substantial Completion).

6.14 Safety Representative

A. Contractor shall designate a qualified and experienced safety representative at the Site whose

duties and responsibilities shall be the prevention of accidents and the maintaining and

supervising of safety precautions and programs.

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6.15 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or

other hazard communication information required to be made available to or exchanged between

or among employers at the Site in accordance with Laws or Regulations.

6.16 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or

adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.

Contractor shall give Engineer prompt written notice if Contractor believes that any significant

changes in the Work or variations from the Contract Documents have been caused thereby or are

required as a result thereof. If Engineer determines that a change in the Contract Documents is

required because of the action taken by Contractor in response to such an emergency, a Work

Change Directive or Change Order will be issued.

6.17 Shop Drawings and Samples

A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in

accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each

submittal will be identified as Engineer may require.

1. Shop Drawings:

a. Submit number of copies specified in the General Requirements.

b. Data shown on the Shop Drawings will be complete with respect to quantities,

dimensions, specified performance and design criteria, materials, and similar data to

show Engineer the services, materials, and equipment Contractor proposes to provide and

to enable Engineer to review the information for the limited purposes required by

Paragraph 6.17.D.

2. Samples:

a. Submit number of Samples specified in the Specifications.

b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog

numbers, the use for which intended and other data as Engineer may require to enable

Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.

B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of

Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent

submittal will be at the sole expense and responsibility of Contractor.

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C. Submittal Procedures:

1. Before submitting each Shop Drawing or Sample, Contractor shall have:

a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and

Samples and with the requirements of the Work and the Contract Documents;

b. determined and verified all field measurements, quantities, dimensions, specified

performance and design criteria, installation requirements, materials, catalog numbers,

and similar information with respect thereto;

c. determined and verified the suitability of all materials offered with respect to the

indicated application, fabrication, shipping, handling, storage, assembly, and installation

pertaining to the performance of the Work; and

d. determined and verified all information relative to Contractor’s responsibilities for

means, methods, techniques, sequences, and procedures of construction, and safety

precautions and programs incident thereto.

2. Each submittal shall bear a stamp or specific written certification that Contractor has

satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s

review and approval of that submittal.

3. With each submittal, Contractor shall give Engineer specific written notice of any variations

that the Shop Drawing or Sample may have from the requirements of the Contract

Documents. This notice shall be both a written communication separate from the Shop

Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop

Drawing or Sample submitted to Engineer for review and approval of each such variation.

D. Engineer’s Review:

1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the

Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only

to determine if the items covered by the submittals will, after installation or incorporation in

the Work, conform to the information given in the Contract Documents and be compatible

with the design concept of the completed Project as a functioning whole as indicated by the

Contract Documents.

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or

procedures of construction (except where a particular means, method, technique, sequence,

or procedure of construction is specifically and expressly called for by the Contract

Documents) or to safety precautions or programs incident thereto. The review and approval

of a separate item as such will not indicate approval of the assembly in which the item

functions.

3. Engineer’s review and approval shall not relieve Contractor from responsibility for any

variation from the requirements of the Contract Documents unless Contractor has complied

with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each

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such variation by specific written notation thereof incorporated in or accompanying the Shop

Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from

responsibility for complying with the requirements of Paragraph 6.17.C.1.

E. Resubmittal Procedures:

1. Contractor shall make corrections required by Engineer and shall return the required number

of corrected copies of Shop Drawings and submit, as required, new Samples for review and

approval. Contractor shall direct specific attention in writing to revisions other than the

corrections called for by Engineer on previous submittals.

6.18 Continuing the Work

A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or

disagreements with Owner. No Work shall be delayed or postponed pending resolution of any

disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor

may otherwise agree in writing.

6.19 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the

Contract Documents and will not be defective. Engineer and its officers, directors, members,

partners, employees, agents, consultants, and subcontractors shall be entitled to rely on

representation of Contractor’s warranty and guarantee.

B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, modification, or improper maintenance or operation by persons other than Contractor,

Subcontractors, Suppliers, or any other individual or entity for whom Contractor is

responsible; or

2. normal wear and tear under normal usage.

C. Contractor’s obligation to perform and complete the Work in accordance with the Contract

Documents shall be absolute. None of the following will constitute an acceptance of Work that is

not in accordance with the Contract Documents or a release of Contractor’s obligation to

perform the Work in accordance with the Contract Documents:

1. observations by Engineer;

2. recommendation by Engineer or payment by Owner of any progress or final payment;

3. the issuance of a certificate of Substantial Completion by Engineer or any payment related

thereto by Owner;

4. use or occupancy of the Work or any part thereof by Owner;

5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice

of acceptability by Engineer;

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6. any inspection, test, or approval by others; or

7. any correction of defective Work by Owner.

6.20 Indemnification

A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold


consultants and subcontractors of each and any of them from and against all claims, costs, losses,



or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is

attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible

property (other than the Work itself), including the loss of use resulting therefrom but only to the

extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or

any individual or entity directly or indirectly employed by any of them to perform any of the

Work or anyone for whose acts any of them may be liable .

B. In any and all claims against Owner or Engineer or any of their officers, directors, members,

partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or

personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any

individual or entity directly or indirectly employed by any of them to perform any of the Work,

or anyone for whose acts any of them may be liable, the indemnification obligation under

Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of

damages, compensation, or benefits payable by or for Contractor or any such Subcontractor,

Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts,

or other employee benefit acts.

C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the

liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents,

consultants and subcontractors arising out of:

1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions,

reports, surveys, Change Orders, designs, or Specifications; or

2. giving directions or instructions, or failing to give them, if that is the primary cause of the

injury or damage.

6.21 Delegation of Professional Design Services

A. Contractor will not be required to provide professional design services unless such services are

specifically required by the Contract Documents for a portion of the Work or unless such

services are required to carry out Contractor’s responsibilities for construction means, methods,

techniques, sequences and procedures. Contractor shall not be required to provide professional

services in violation of applicable law.

B. If professional design services or certifications by a design professional related to systems,

materials or equipment are specifically required of Contractor by the Contract Documents,

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Owner and Engineer will specify all performance and design criteria that such services must

satisfy. Contractor shall cause such services or certifications to be provided by a properly

licensed professional, whose signature and seal shall appear on all drawings, calculations,

specifications, certifications, Shop Drawings and other submittals prepared by such professional.

Shop Drawings and other submittals related to the Work designed or certified by such

professional, if prepared by others, shall bear such professional’s written approval when

submitted to Engineer.

C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of

the services, certifications or approvals performed by such design professionals, provided Owner

and Engineer have specified to Contractor all performance and design criteria that such services

must satisfy.

D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and

design drawings will be only for the limited purpose of checking for conformance with

performance and design criteria given and the design concept expressed in the Contract

Documents. Engineer’s review and approval of Shop Drawings and other submittals (except

design calculations and design drawings) will be only for the purpose stated in Paragraph

6.17.D.1.

E. Contractor shall not be responsible for the adequacy of the performance or design criteria

required by the Contract Documents.

ARTICLE 7 – OTHER WORK AT THE SITE

7.01 Related Work at Site

A. Owner may perform other work related to the Project at the Site with Owner’s employees, or

through other direct contracts therefor, or have other work performed by utility owners. If such

other work is not noted in the Contract Documents, then:

1. written notice thereof will be given to Contractor prior to starting any such other work; and

2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if

any, of any adjustment in the Contract Price or Contract Times that should be allowed as a

result of such other work, a Claim may be made therefor as provided in Paragraph 10.05.

B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility

owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe

access to the Site, provide a reasonable opportunity for the introduction and storage of materials

and equipment and the execution of such other work, and properly coordinate the Work with

theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to

properly connect or otherwise make its several parts come together and properly integrate with

such other work. Contractor shall not endanger any work of others by cutting, excavating, or

otherwise altering such work; provided, however, that Contractor may cut or alter others' work

with the written consent of Engineer and the others whose work will be affected. The duties and

responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and

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other contractors to the extent that there are comparable provisions for the benefit of Contractor

in said direct contracts between Owner and such utility owners and other contractors.

C. If the proper execution or results of any part of Contractor’s Work depends upon work

performed by others under this Article 7, Contractor shall inspect such other work and promptly

report to Engineer in writing any delays, defects, or deficiencies in such other work that render it

unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s

failure to so report will constitute an acceptance of such other work as fit and proper for

integration with Contractor’s Work except for latent defects and deficiencies in such other work.

7.02 Coordination

A. If Owner intends to contract with others for the performance of other work on the Project at the

Site, the following will be set forth in Supplementary Conditions:

1. the individual or entity who will have authority and responsibility for coordination of the

activities among the various contractors will be identified;

2. the specific matters to be covered by such authority and responsibility will be itemized; and

3. the extent of such authority and responsibilities will be provided.

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority

and responsibility for such coordination.

7.03 Legal Relationships

A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.

B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other

contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs

incurred by Contractor as a result of the other contractor’s wrongful actions or inactions.

C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for

the reasonable direct delay and disruption costs incurred by such other contractor as a result of

Contractor’s wrongful action or inactions.

ARTICLE 8 – OWNER’S RESPONSIBILITIES

8.01 Communications to Contractor

A. Except as otherwise provided in these General Conditions, Owner shall issue all communications

to Contractor through Engineer.

8.02 Replacement of Engineer

A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom

Contractor makes no reasonable objection, whose status under the Contract Documents shall be

that of the former Engineer.

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8.03 Furnish Data

A. Owner shall promptly furnish the data required of Owner under the Contract Documents.

8.04 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C

and 14.07.C.

8.05 Lands and Easements; Reports and Tests

A. Owner’s duties with respect to providing lands and easements and providing engineering surveys

to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to

Owner’s identifying and making available to Contractor copies of reports of explorations and

tests of subsurface conditions and drawings of physical conditions relating to existing surface or

subsurface structures at the Site.

8.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property

insurance are set forth in Article 5.

8.07 Change Orders

A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.

8.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in

Paragraph 13.03.B.

8.09 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for,

Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety

precautions and programs incident thereto, or for any failure of Contractor to comply with Laws

and Regulations applicable to the performance of the Work. Owner will not be responsible for

Contractor’s failure to perform the Work in accordance with the Contract Documents.

8.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set

forth in Paragraph 4.06.

8.11 Evidence of Financial Arrangements

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial

arrangements have been made to satisfy Owner’s obligations under the Contract Documents.

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8.12 Compliance with Safety Program

A. While at the Site, Owner’s employees and representatives shall comply with the specific

applicable requirements of Contractor’s safety programs of which Owner has been informed

pursuant to Paragraph 6.13.D.

ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Owner’s Representative

A. Engineer will be Owner’s representative during the construction period. The duties and

responsibilities and the limitations of authority of Engineer as Owner’s representative during

construction are set forth in the Contract Documents.

9.02 Visits to Site

A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction

as Engineer deems necessary in order to observe as an experienced and qualified design

professional the progress that has been made and the quality of the various aspects of

Contractor’s executed Work. Based on information obtained during such visits and observations,

Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in

accordance with the Contract Documents. Engineer will not be required to make exhaustive or

continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s

efforts will be directed toward providing for Owner a greater degree of confidence that the

completed Work will conform generally to the Contract Documents. On the basis of such visits

and observations, Engineer will keep Owner informed of the progress of the Work and will

endeavor to guard Owner against defective Work.

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and

responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a

result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise,

direct, control, or have authority over or be responsible for Contractor’s means, methods,

techniques, sequences, or procedures of construction, or the safety precautions and programs

incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable

to the performance of the Work.

9.03 Project Representative

A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist

Engineer in providing more extensive observation of the Work. The authority and

responsibilities of any such Resident Project Representative and assistants will be as provided in

the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided

in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the

Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and

limitations thereon of such other individual or entity will be as provided in the Supplementary

Conditions.

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9.04 Authorized Variations in Work

A. Engineer may authorize minor variations in the Work from the requirements of the Contract

Documents which do not involve an adjustment in the Contract Price or the Contract Times and

are compatible with the design concept of the completed Project as a functioning whole as

indicated by the Contract Documents. These may be accomplished by a Field Order and will be

binding on Owner and also on Contractor, who shall perform the Work involved promptly. If

Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or

Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or

extent, if any, of any such adjustment, a Claim may be made therefor as provided in

Paragraph 10.05.

9.05 Rejecting Defective Work

A. Engineer will have authority to reject Work which Engineer believes to be defective, or that

Engineer believes will not produce a completed Project that conforms to the Contract Documents

or that will prejudice the integrity of the design concept of the completed Project as a functioning

whole as indicated by the Contract Documents. Engineer will also have authority to require

special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the

Work is fabricated, installed, or completed.

9.06 Shop Drawings, Change Orders and Payments

A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and

Samples, see Paragraph 6.17.

B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and

design drawings submitted in response to a delegation of professional design services, if any, see

Paragraph 6.21.

C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12.

D. In connection with Engineer’s authority as to Applications for Payment, see Article 14.

9.07 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed

by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations

on such matters before rendering a written decision thereon (by recommendation of an

Application for Payment or otherwise). Engineer’s written decision thereon will be final and

binding (except as modified by Engineer to reflect changed factual conditions or more accurate

data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05.

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge

of the acceptability of the Work thereunder. All matters in question and other matters between

Owner and Contractor arising prior to the date final payment is due relating to the acceptability

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of the Work, and the interpretation of the requirements of the Contract Documents pertaining to

the performance of the Work, will be referred initially to Engineer in writing within 30 days of

the event giving rise to the question.

B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If

Owner or Contractor believes that any such decision entitles them to an adjustment in the

Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date

of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the

purposes of Paragraph 10.05.B.

C. Engineer’s written decision on the issue referred will be final and binding on Owner and

Contractor, subject to the provisions of Paragraph 10.05.

D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show

partiality to Owner or Contractor and will not be liable in connection with any interpretation or

decision rendered in good faith in such capacity.

9.09 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of

the Contract Documents nor any decision made by Engineer in good faith either to exercise or

not exercise such authority or responsibility or the undertaking, exercise, or performance of any

authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract,

tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other

individual or entity, or to any surety for or employee or agent of any of them.

B. Engineer will not supervise, direct, control, or have authority over or be responsible for

Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety

precautions and programs incident thereto, or for any failure of Contractor to comply with Laws

and Regulations applicable to the performance of the Work. Engineer will not be responsible for

Contractor’s failure to perform the Work in accordance with the Contract Documents.

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,

any Supplier, or of any other individual or entity performing any of the Work.

D. Engineer’s review of the final Application for Payment and accompanying documentation and all

maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection,

tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will

only be to determine generally that their content complies with the requirements of, and in the

case of certificates of inspections, tests, and approvals that the results certified indicate

compliance with, the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply

to the Resident Project Representative, if any, and assistants, if any.

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9.10 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives shall comply with the specific

applicable requirements of Contractor’s safety programs of which Engineer has been informed

pursuant to Paragraph 6.13.D.

ARTICLE 10 – CHANGES IN THE WORK; CLAIMS

10.01 Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or

from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a

Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed

with the Work involved which will be performed under the applicable conditions of the Contract

Documents (except as otherwise specifically provided).

B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any,

of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a

result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph

10.05.

10.02 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the

Contract Times with respect to any work performed that is not required by the Contract

Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the

case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as

provided in Paragraph 13.04.D.

10.03 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer

covering:

1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii)

required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s

correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;

2. changes in the Contract Price or Contract Times which are agreed to by the parties, including

any undisputed sum or amount of time for Work actually performed in accordance with a

Work Change Directive; and

3. changes in the Contract Price or Contract Times which embody the substance of any written

decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of

executing any such Change Order, an appeal may be taken from any such decision in

accordance with the provisions of the Contract Documents and applicable Laws and

Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to

the Progress Schedule as provided in Paragraph 6.18.A.

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10.04 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting the

general scope of the Work or the provisions of the Contract Documents (including, but not

limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s

responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any

such change.

10.05 Claims

A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,

shall be referred to the Engineer for decision. A decision by Engineer shall be required as a

condition precedent to any exercise by Owner or Contractor of any rights or remedies either may

otherwise have under the Contract Documents or by Laws and Regulations in respect of such

Claims.

B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant

to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after

the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with

the party making the Claim. Notice of the amount or extent of the Claim, with supporting data

shall be delivered to the Engineer and the other party to the Contract within 60 days after the start

of such event (unless Engineer allows additional time for claimant to submit additional or more

accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be

prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in

Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each

Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the

entire adjustment to which the claimant believes it is entitled as a result of said event. The

opposing party shall submit any response to Engineer and the claimant within 30 days after

receipt of the claimant’s last submittal (unless Engineer allows additional time).

C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last

submittal of the claimant or the last submittal of the opposing party, if any, take one of the

following actions in writing:

1. deny the Claim in whole or in part;

2. approve the Claim; or

3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole

discretion, it would be inappropriate for the Engineer to do so. For purposes of further

resolution of the Claim, such notice shall be deemed a denial.

D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be

deemed denied.

E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or

10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor

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invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or

denial.

F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in

accordance with this Paragraph 10.05.

ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

11.01 Cost of the Work

A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in

Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the

Work. When the value of any Work covered by a Change Order or when a Claim for an

adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be

reimbursed to Contractor will be only those additional or incremental costs required because of

the change in the Work or because of the event giving rise to the Claim. Except as otherwise may

be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing

in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B,

and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the

Work under schedules of job classifications agreed upon by Owner and Contractor. Such

employees shall include, without limitation, superintendents, foremen, and other personnel

employed full time on the Work. Payroll costs for employees not employed full time on the

Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall

include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall

include social security contributions, unemployment, excise, and payroll taxes, workers’

compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay

applicable thereto. The expenses of performing Work outside of regular working hours, on

Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized

by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs

of transportation and storage thereof, and Suppliers’ field services required in connection

therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with

Contractor with which to make payments, in which case the cash discounts shall accrue to

Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials

and equipment shall accrue to Owner, and Contractor shall make provisions so that they may

be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If

required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable

to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with

the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides

that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the

Subcontractor’s Cost of the Work and fee shall be determined in the same manner as

Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01.

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4. Costs of special consultants (including but not limited to engineers, architects, testing

laboratories, surveyors, attorneys, and accountants) employed for services specifically related

to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of

Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment,

machinery, appliances, office, and temporary facilities at the Site, and hand tools not

owned by the workers, which are consumed in the performance of the Work, and cost,

less market value, of such items used but not consumed which remain the property of

Contractor.

c. Rentals of all construction equipment and machinery, and the parts thereof whether

rented from Contractor or others in accordance with rental agreements approved by

Owner with the advice of Engineer, and the costs of transportation, loading, unloading,

assembly, dismantling, and removal thereof. All such costs shall be in accordance with

the terms of said rental agreements. The rental of any such equipment, machinery, or

parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which

Contractor is liable, as imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or

anyone directly or indirectly employed by any of them or for whose acts any of them may

be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, not

compensated by insurance or otherwise, sustained by Contractor in connection with the

performance of the Work (except losses and damages within the deductible amounts of

property insurance established in accordance with Paragraph 5.06.D), provided such

losses and damages have resulted from causes other than the negligence of Contractor,

any Subcontractor, or anyone directly or indirectly employed by any of them or for whose

acts any of them may be liable. Such losses shall include settlements made with the

written consent and approval of Owner. No such losses, damages, and expenses shall be

included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the

Site, express and courier services, and similar petty cash items in connection with the

Work.

i. The costs of premiums for all bonds and insurance Contractor is required by the Contract

Documents to purchase and maintain.

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B. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of

partnerships and sole proprietorships), general managers, safety managers, engineers,

architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,

expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the

Site or in Contractor’s principal or branch office for general administration of the Work and

not specifically included in the agreed upon schedule of job classifications referred to in

Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be

considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the

Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital

employed for the Work and charges against Contractor for delinquent payments.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly

employed by any of them or for whose acts any of them may be liable, including but not

limited to, the correction of defective Work, disposal of materials or equipment wrongly

supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not

specifically and expressly included in Paragraphs 11.01.A.

C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee

shall be determined as set forth in the Agreement. When the value of any Work covered by a

Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of

Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.

D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to

Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in

accordance with generally accepted accounting practices and submit in a form acceptable to

Engineer an itemized cost breakdown together with supporting data.

11.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the

Contract Documents and shall cause the Work so covered to be performed for such sums and by

such persons or entities as may be acceptable to Owner and Engineer.

B. Cash Allowances:

1. Contractor agrees that:

a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of

materials and equipment required by the allowances to be delivered at the Site, and all

applicable taxes; and

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b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead,

profit, and other expenses contemplated for the cash allowances have been included in

the Contract Price and not in the allowances, and no demand for additional payment on

account of any of the foregoing will be valid.

C. Contingency Allowance:

1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover

unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer

to reflect actual amounts due Contractor on account of Work covered by allowances, and the

Contract Price shall be correspondingly adjusted.

11.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,

initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to

the sum of the unit price for each separately identified item of Unit Price Work times the

estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the

purpose of comparison of Bids and determining an initial Contract Price. Determinations of the

actual quantities and classifications of Unit Price Work performed by Contractor will be made by

Engineer subject to the provisions of Paragraph 9.07.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to

cover Contractor’s overhead and profit for each separately identified item.

D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance

with Paragraph 10.05 if:

1. the quantity of any item of Unit Price Work performed by Contractor differs materially and

significantly from the estimated quantity of such item indicated in the Agreement; and

2. there is no corresponding adjustment with respect to any other item of Work; and

3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of

having incurred additional expense or Owner believes that Owner is entitled to a decrease in

Contract Price and the parties are unable to agree as to the amount of any such increase or

decrease.

ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.01 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the

Contract Price shall be based on written notice submitted by the party making the Claim to the

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Engineer and the other party to the Contract in accordance with the provisions of Paragraph

10.05.

B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the

Contract Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Contract Documents, by

application of such unit prices to the quantities of the items involved (subject to the

provisions of Paragraph 11.03); or

2. where the Work involved is not covered by unit prices contained in the Contract Documents,

by a mutually agreed lump sum (which may include an allowance for overhead and profit not

necessarily in accordance with Paragraph 12.01.C.2); or

3. where the Work involved is not covered by unit prices contained in the Contract Documents

and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the

Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for

overhead and profit (determined as provided in Paragraph 12.01.C).

C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various

portions of the Cost of the Work:

a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall

be 15 percent;

b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee

and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is

that the Subcontractor who actually performs the Work, at whatever tier, will be paid a

fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1

and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a

fee of five percent of the amount paid to the next lower tier Subcontractor;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4,

11.01.A.5, and 11.01.B;

e. the amount of credit to be allowed by Contractor to Owner for any change which results

in a net decrease in cost will be the amount of the actual net decrease in cost plus a

deduction in Contractor’s fee by an amount equal to five percent of such net decrease;

and

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f. when both additions and credits are involved in any one change, the adjustment in

Contractor’s fee shall be computed on the basis of the net change in accordance with

Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive.

12.02 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in

the Contract Times shall be based on written notice submitted by the party making the Claim to

the Engineer and the other party to the Contract in accordance with the provisions of Paragraph

10.05.

B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an

adjustment in the Contract Times will be determined in accordance with the provisions of this

Article 12.

12.03 Delays

A. Where Contractor is prevented from completing any part of the Work within the Contract Times

due to delay beyond the control of Contractor, the Contract Times will be extended in an amount

equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph

12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or

neglect by Owner, acts or neglect of utility owners or other contractors performing other work as

contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.

B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as

contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or

interferes with the performance or progress of the Work, then Contractor shall be entitled to an

equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s

entitlement to an adjustment of the Contract Times is conditioned on such adjustment being

essential to Contractor’s ability to complete the Work within the Contract Times.

C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,

abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the

control of Owner, or other causes not the fault of and beyond control of Owner and Contractor,

then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment

is essential to Contractor’s ability to complete the Work within the Contract Times. Such an

adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this

Paragraph 12.03.C.

D. Owner, Engineer, and their officers, directors, members, partners, employees, agents,

consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or

damages (including but not limited to all fees and charges of engineers, architects, attorneys, and

other professionals and all court or arbitration or other dispute resolution costs) sustained by

Contractor on or in connection with any other project or anticipated project.

E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays

within the control of Contractor. Delays attributable to and within the control of a Subcontractor

or Supplier shall be deemed to be delays within the control of Contractor.

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ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF

DEFECTIVE WORK

13.01 Notice of Defects

A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be

given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this

Article 13.

13.02 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner,

independent testing laboratories, and governmental agencies with jurisdictional interests will

have access to the Site and the Work at reasonable times for their observation, inspection, and

testing. Contractor shall provide them proper and safe conditions for such access and advise

them of Contractor’s safety procedures and programs so that they may comply therewith as

applicable.

13.03 Tests and Inspections

A. Contractor shall give Engineer timely notice of readiness of the Work for all required

inspections, tests, or approvals and shall cooperate with inspection and testing personnel to

facilitate required inspections or tests.

B. Owner shall employ and pay for the services of an independent testing laboratory to perform all

inspections, tests, or approvals required by the Contract Documents except:

1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below;

2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph

13.04.B shall be paid as provided in Paragraph 13.04.C; and

3. as otherwise specifically provided in the Contract Documents.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)

specifically to be inspected, tested, or approved by an employee or other representative of such

public body, Contractor shall assume full responsibility for arranging and obtaining such

inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the

required certificates of inspection or approval.

D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection

with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of

materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,

or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in

the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to

Owner and Engineer.

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E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by

Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer,

uncover such Work for observation.

F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless

Contractor has given Engineer timely notice of Contractor’s intention to cover the same and

Engineer has not acted with reasonable promptness in response to such notice.

13.04 Uncovering Work

A. If any Work is covered contrary to the written request of Engineer, it must, if requested by

Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense.

B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or

inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or

otherwise make available for observation, inspection, or testing as Engineer may require, that

portion of the Work in question, furnishing all necessary labor, material, and equipment.

C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,



or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory

replacement or reconstruction (including but not limited to all costs of repair or replacement of

work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If

the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as

provided in Paragraph 10.05.

D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the

Contract Price or an extension of the Contract Times, or both, directly attributable to such

uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the

parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim

therefor as provided in Paragraph 10.05.

13.05 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable

materials or equipment, or fails to perform the Work in such a way that the completed Work will

conform to the Contract Documents, Owner may order Contractor to stop the Work, or any

portion thereof, until the cause for such order has been eliminated; however, this right of Owner

to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the

benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any

surety for, or employee or agent of any of them.

13.06 Correction or Removal of Defective Work

A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or

not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it

from the Project and replace it with Work that is not defective. Contractor shall pay all claims,

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costs, losses, and damages (including but not limited to all fees and charges of engineers,

architects, attorneys, and other professionals and all court or arbitration or other dispute

resolution costs) arising out of or relating to such correction or removal (including but not

limited to all costs of repair or replacement of work of others).

B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,

Contractor shall take no action that would void or otherwise impair Owner’s special warranty

and guarantee, if any, on said Work.

13.07 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as may

be prescribed by the terms of any applicable special guarantee required by the Contract

Documents) or by any specific provision of the Contract Documents, any Work is found to be

defective, or if the repair of any damages to the land or areas made available for Contractor’s use

by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found

to be defective, Contractor shall promptly, without cost to Owner and in accordance with

Owner’s written instructions:

1. repair such defective land or areas; or

2. correct such defective Work; or

3. if the defective Work has been rejected by Owner, remove it from the Project and replace it

with Work that is not defective, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work

of others or other land or areas resulting therefrom.

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an

emergency where delay would cause serious risk of loss or damage, Owner may have the

defective Work corrected or repaired or may have the rejected Work removed and replaced. All

claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,

architects, attorneys, and other professionals and all court or arbitration or other dispute

resolution costs) arising out of or relating to such correction or repair or such removal and

replacement (including but not limited to all costs of repair or replacement of work of others)

will be paid by Contractor.

C. In special circumstances where a particular item of equipment is placed in continuous service

before Substantial Completion of all the Work, the correction period for that item may start to

run from an earlier date if so provided in the Specifications.

D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or

removed and replaced under this Paragraph 13.07, the correction period hereunder with respect

to such Work will be extended for an additional period of one year after such correction or

removal and replacement has been satisfactorily completed.

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E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or

warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a

waiver of, the provisions of any applicable statute of limitation or repose.

13.08 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and,

prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may

do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all

fees and charges of engineers, architects, attorneys, and other professionals and all court or

arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and

determination to accept such defective Work (such costs to be approved by Engineer as to

reasonableness) and for the diminished value of the Work to the extent not otherwise paid by

Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s

recommendation of final payment, a Change Order will be issued incorporating the necessary

revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an

appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted.

If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as

provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate

amount will be paid by Contractor to Owner.

13.09 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correct

defective Work, or to remove and replace rejected Work as required by Engineer in accordance

with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the

Contract Documents, or if Contractor fails to comply with any other provision of the Contract

Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any

such deficiency.

B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed

expeditiously. In connection with such corrective or remedial action, Owner may exclude

Contractor from all or part of the Site, take possession of all or part of the Work and suspend

Contractor’s services related thereto, take possession of Contractor’s tools, appliances,

construction equipment and machinery at the Site, and incorporate in the Work all materials and

equipment stored at the Site or for which Owner has paid Contractor but which are stored

elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees,

Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable

Owner to exercise the rights and remedies under this Paragraph.

C. All claims, costs, losses, and damages (including but not limited to all fees and charges of


dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies

under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be

issued incorporating the necessary revisions in the Contract Documents with respect to the

Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties

are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as

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provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be

limited to all costs of repair, or replacement of work of others destroyed or damaged by

correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the

performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies

under this Paragraph 13.09.

ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 Schedule of Values

A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for

progress payments and will be incorporated into a form of Application for Payment acceptable to

Engineer. Progress payments on account of Unit Price Work will be based on the number of

units completed.

14.02 Progress Payments

A. Applications for Payments:

1. At least 20 days before the date established in the Agreement for each progress payment (but

not more often than once a month), Contractor shall submit to Engineer for review an

Application for Payment filled out and signed by Contractor covering the Work completed as

of the date of the Application and accompanied by such supporting documentation as is

required by the Contract Documents. If payment is requested on the basis of materials and

equipment not incorporated in the Work but delivered and suitably stored at the Site or at

another location agreed to in writing, the Application for Payment shall also be accompanied

by a bill of sale, invoice, or other documentation warranting that Owner has received the

materials and equipment free and clear of all Liens and evidence that the materials and

equipment are covered by appropriate property insurance or other arrangements to protect

Owner’s interest therein, all of which must be satisfactory to Owner.

2. Beginning with the second Application for Payment, each Application shall include an

affidavit of Contractor stating that all previous progress payments received on account of the

Work have been applied on account to discharge Contractor’s legitimate obligations

associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in the

Agreement.

B. Review of Applications:

1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in

writing a recommendation of payment and present the Application to Owner or return the

Application to Contractor indicating in writing Engineer’s reasons for refusing to

recommend payment. In the latter case, Contractor may make the necessary corrections and

resubmit the Application.

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2. Engineer’s recommendation of any payment requested in an Application for Payment will

constitute a representation by Engineer to Owner, based on Engineer’s observations of the

executed Work as an experienced and qualified design professional, and on Engineer’s

review of the Application for Payment and the accompanying data and schedules, that to the

best of Engineer’s knowledge, information and belief:

a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject

to an evaluation of the Work as a functioning whole prior to or upon Substantial

Completion, the results of any subsequent tests called for in the Contract Documents, a

final determination of quantities and classifications for Unit Price Work under Paragraph

9.07, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to have

been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have

represented that:

a. inspections made to check the quality or the quantity of the Work as it has been

performed have been exhaustive, extended to every aspect of the Work in progress, or

involved detailed inspections of the Work beyond the responsibilities specifically

assigned to Engineer in the Contract Documents; or

b. there may not be other matters or issues between the parties that might entitle Contractor

to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending

payments nor Engineer’s recommendation of any payment, including final payment, will

impose responsibility on Engineer:

a. to supervise, direct, or control the Work, or

b. for the means, methods, techniques, sequences, or procedures of construction, or the

safety precautions and programs incident thereto, or

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s

performance of the Work, or

d. to make any examination to ascertain how or for what purposes Contractor has used the

moneys paid on account of the Contract Price, or

e. to determine that title to any of the Work, materials, or equipment has passed to Owner

free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s

opinion, it would be incorrect to make the representations to Owner stated in

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Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because

of subsequently discovered evidence or the results of subsequent inspections or tests, revise

or revoke any such payment recommendation previously made, to such extent as may be

necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, or completed Work has been damaged, requiring correction or

replacement;

b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work or complete Work in accordance with

Paragraph 13.09; or

d. Engineer has actual knowledge of the occurrence of any of the events enumerated in

Paragraph 15.02.A.

C. Payment Becomes Due:

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s

recommendation, the amount recommended will (subject to the provisions of Paragraph

14.02.D) become due, and when due will be paid by Owner to Contractor.

D. Reduction in Payment:

1. Owner may refuse to make payment of the full amount recommended by Engineer because:

a. claims have been made against Owner on account of Contractor’s performance or

furnishing of the Work;

b. Liens have been filed in connection with the Work, except where Contractor has

delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of

such Liens;

c. there are other items entitling Owner to a set-off against the amount recommended; or

d. Owner has actual knowledge of the occurrence of any of the events enumerated in

Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.

2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will

give Contractor immediate written notice (with a copy to Engineer) stating the reasons for

such action and promptly pay Contractor any amount remaining after deduction of the

amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any

adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the

reasons for such action.

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the

amount wrongfully withheld shall be treated as an amount due as determined by Paragraph

14.02.C.1 and subject to interest as provided in the Agreement.

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14.03 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by

any Application for Payment, whether incorporated in the Project or not, will pass to Owner no

later than the time of payment free and clear of all Liens.

14.04 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify

Owner and Engineer in writing that the entire Work is substantially complete (except for items

specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of

Substantial Completion.

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an

inspection of the Work to determine the status of completion. If Engineer does not consider the

Work substantially complete, Engineer will notify Contractor in writing giving the reasons

therefor.

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a

tentative certificate of Substantial Completion which shall fix the date of Substantial

Completion. There shall be attached to the certificate a tentative list of items to be completed or

corrected before final payment. Owner shall have seven days after receipt of the tentative

certificate during which to make written objection to Engineer as to any provisions of the

certificate or attached list. If, after considering such objections, Engineer concludes that the

Work is not substantially complete, Engineer will, within 14 days after submission of the

tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after

consideration of Owner’s objections, Engineer considers the Work substantially complete,

Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive

certificate of Substantial Completion (with a revised tentative list of items to be completed or

corrected) reflecting such changes from the tentative certificate as Engineer believes justified

after consideration of any objections from Owner.

D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will

deliver to Owner and Contractor a written recommendation as to division of responsibilities

pending final payment between Owner and Contractor with respect to security, operation, safety,

and protection of the Work, maintenance, heat, utilities, insurance, and warranties and

guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in

writing prior to Engineer’s issuing the definitive certificate of Substantial Completion,

Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final

payment.

E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial

Completion subject to allowing Contractor reasonable access to remove its property and

complete or correct items on the tentative list.

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14.05 Partial Utilization

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially

completed part of the Work which has specifically been identified in the Contract Documents, or

which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable

part of the Work that can be used by Owner for its intended purpose without significant

interference with Contractor’s performance of the remainder of the Work, subject to the

following conditions:

1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any

such part of the Work which Owner believes to be ready for its intended use and

substantially complete. If and when Contractor agrees that such part of the Work is

substantially complete, Contractor, Owner, and Engineer will follow the procedures of

Paragraph 14.04.A through D for that part of the Work.

2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers

any such part of the Work ready for its intended use and substantially complete and request

Engineer to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall

make an inspection of that part of the Work to determine its status of completion. If Engineer

does not consider that part of the Work to be substantially complete, Engineer will notify

Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part

of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with

respect to certification of Substantial Completion of that part of the Work and the division of

responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to

compliance with the requirements of Paragraph 5.10 regarding property insurance.

14.06 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is

complete, Engineer will promptly make a final inspection with Owner and Contractor and will

notify Contractor in writing of all particulars in which this inspection reveals that the Work is

incomplete or defective. Contractor shall immediately take such measures as are necessary to

complete such Work or remedy such deficiencies.

14.07 Final Payment

A. Application for Payment:

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections

identified during the final inspection and has delivered, in accordance with the Contract

Documents, all maintenance and operating instructions, schedules, guarantees, bonds,

certificates or other evidence of insurance, certificates of inspection, marked-up record

documents (as provided in Paragraph 6.12), and other documents, Contractor may make

application for final payment following the procedure for progress payments.

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2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents, including but not limited to the

evidence of insurance required by Paragraph 5.04.B.6;

b. consent of the surety, if any, to final payment;

c. a list of all Claims against Owner that Contractor believes are unsettled; and

d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien

rights arising out of or Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved

by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor

that: (i) the releases and receipts include all labor, services, material, and equipment for

which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other

indebtedness connected with the Work for which Owner might in any way be responsible, or

which might in any way result in liens or other burdens on Owner's property, have been paid

or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or

receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to

indemnify Owner against any Lien.

B. Engineer’s Review of Application and Acceptance:

1. If, on the basis of Engineer’s observation of the Work during construction and final

inspection, and Engineer’s review of the final Application for Payment and accompanying

documentation as required by the Contract Documents, Engineer is satisfied that the Work

has been completed and Contractor’s other obligations under the Contract Documents have

been fulfilled, Engineer will, within ten days after receipt of the final Application for

Payment, indicate in writing Engineer’s recommendation of payment and present the

Application for Payment to Owner for payment. At the same time Engineer will also give

written notice to Owner and Contractor that the Work is acceptable subject to the provisions

of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to

Contractor, indicating in writing the reasons for refusing to recommend final payment, in

which case Contractor shall make the necessary corrections and resubmit the Application for

Payment.

C. Payment Becomes Due:

1. Thirty days after the presentation to Owner of the Application for Payment and

accompanying documentation, the amount recommended by Engineer, less any sum Owner

is entitled to set off against Engineer’s recommendation, including but not limited to

liquidated damages, will become due and will be paid by Owner to Contractor.

14.08 Final Completion Delayed

A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if

Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment

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(for Work fully completed and accepted) and recommendation of Engineer, and without

terminating the Contract, make payment of the balance due for that portion of the Work fully

completed and accepted. If the remaining balance to be held by Owner for Work not fully

completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have

been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of

the balance due for that portion of the Work fully completed and accepted shall be submitted by

Contractor to Engineer with the Application for such payment. Such payment shall be made

under the terms and conditions governing final payment, except that it shall not constitute a

waiver of Claims.

14.09 Waiver of Claims

A. The making and acceptance of final payment will constitute:

1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled

Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06,

from failure to comply with the Contract Documents or the terms of any special guarantees

specified therein, or from Contractor’s continuing obligations under the Contract Documents;

and

2. a waiver of all Claims by Contractor against Owner other than those previously made in

accordance with the requirements herein and expressly acknowledged by Owner in writing as

still unsettled.

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

15.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period

of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will

fix the date on which Work will be resumed. Contractor shall resume the Work on the date so

fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the

Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim

therefor as provided in Paragraph 10.05.

15.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract

Documents (including, but not limited to, failure to supply sufficient skilled workers or

suitable materials or equipment or failure to adhere to the Progress Schedule established

under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);

2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;

3. Contractor’s repeated disregard of the authority of Engineer; or

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4. Contractor’s violation in any substantial way of any provisions of the Contract Documents.

B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving

Contractor (and surety) seven days written notice of its intent to terminate the services of

Contractor:

1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s

tools, appliances, construction equipment, and machinery at the Site, and use the same to the

full extent they could be used by Contractor (without liability to Contractor for trespass or

conversion);

2. incorporate in the Work all materials and equipment stored at the Site or for which Owner

has paid Contractor but which are stored elsewhere; and

3. complete the Work as Owner may deem expedient.

C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive

any further payment until the Work is completed. If the unpaid balance of the Contract Price

exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges

of engineers, architects, attorneys, and other professionals and all court or arbitration or other

dispute resolution costs) sustained by Owner arising out of or relating to completing the Work,

such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such

unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and

damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when

so approved by Engineer, incorporated in a Change Order. When exercising any rights or

remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the

Work performed.

D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if

Contractor begins within seven days of receipt of notice of intent to terminate to correct its

failure to perform and proceeds diligently to cure such failure within no more than 30 days of

receipt of said notice.

E. Where Contractor’s services have been so terminated by Owner, the termination will not affect

any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.

Any retention or payment of moneys due Contractor by Owner will not release Contractor from

liability.

F. If and to the extent that Contractor has provided a performance bond under the provisions of

Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of

Paragraphs 15.02.B and 15.02.C.

15.03 Owner May Terminate For Convenience

A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and

without prejudice to any other right or remedy of Owner, terminate the Contract. In such case,

Contractor shall be paid for (without duplication of any items):

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1. completed and acceptable Work executed in accordance with the Contract Documents prior

to the effective date of termination, including fair and reasonable sums for overhead and

profit on such Work;

2. expenses sustained prior to the effective date of termination in performing services and

furnishing labor, materials, or equipment as required by the Contract Documents in

connection with uncompleted Work, plus fair and reasonable sums for overhead and profit

on such expenses;

3. all claims, costs, losses, and damages (including but not limited to all fees and charges of


dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors,

Suppliers, and others; and

4. reasonable expenses directly attributable to termination.

B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other

economic loss arising out of or resulting from such termination.

15.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive

days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on

any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days

to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days

written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such

suspension or failure within that time, terminate the Contract and recover from Owner payment

on the same terms as provided in Paragraph 15.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if

Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or

Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor

may, seven days after written notice to Owner and Engineer, stop the Work until payment is

made of all such amounts due Contractor, including interest thereon. The provisions of this

Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph

10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or

damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph.

ARTICLE 16 – DISPUTE RESOLUTION

16.01 Methods and Procedures

A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a

decision under Paragraph 10.05 before such decision becomes final and binding. The mediation

will be governed by the Construction Industry Mediation Rules of the American Arbitration

Association in effect as of the Effective Date of the Agreement. The request for mediation shall

be submitted in writing to the American Arbitration Association and the other party to the

Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E.

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B. Owner and Contractor shall participate in the mediation process in good faith. The process shall

be concluded within 60 days of filing of the request. The date of termination of the mediation

shall be determined by application of the mediation rules referenced above.

C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial

pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after

termination of the mediation unless, within that time period, Owner or Contractor:

1. elects in writing to invoke any dispute resolution process provided for in the Supplementary

Conditions; or

2. agrees with the other party to submit the Claim to another dispute resolution process; or

3. gives written notice to the other party of the intent to submit the Claim to a court of

competent jurisdiction.

ARTICLE 17 – MISCELLANEOUS

17.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it will

be deemed to have been validly given if:

1. delivered in person to the individual or to a member of the firm or to an officer of the

corporation for whom it is intended; or

2. delivered at or sent by registered or certified mail, postage prepaid, to the last business

address known to the giver of the notice.

17.02 Computation of Times

A. When any period of time is referred to in the Contract Documents by days, it will be computed to

exclude the first and include the last day of such period. If the last day of any such period falls on

a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,

such day will be omitted from the computation.

17.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies

available hereunder to the parties hereto are in addition to, and are not to be construed in any way

as a limitation of, any rights and remedies available to any or all of them which are otherwise

imposed or available by Laws or Regulations, by special warranty or guarantee, or by other

provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if

repeated specifically in the Contract Documents in connection with each particular duty,

obligation, right, and remedy to which they apply.

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17.04 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given

in accordance with the Contract Documents, as well as all continuing obligations indicated in the

Contract Documents, will survive final payment, completion, and acceptance of the Work or

termination or completion of the Contract or termination of the services of Contractor.

17.05 Controlling Law

A. This Contract is to be governed by the law of the state in which the Project is located.

17.06 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of

these General Conditions.

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Mailing: P.O. Box 338, Castle Rock, Colorado 80104-0338 (303) 688-9848 Fax (303) 688-8269 Physical: 1700 N. Park Street, Grand Canyon Suite, Castle Rock, CO 80109-3009

CASTLE ROCK ▪ COLORADO ▪ GRAND LAKE www.mwgolden.com

January 29, 2016

JVA, Incorporated 1319 Spruce Street Boulder, CO 80302

Attention: Joel Price

Reference: Town of Nederland – Public Works Facility

Subject: Accepted Value Engineering Items and Additional Cost Cutting Items

Dear Joel:

The following is an explanation of the agreed upon changes to the contract documents. 01 51 00 – Temporary Power/ Utilities ($6,371.00)

It was agreed upon that the owner will fund the temporary meter costs for construction power and gas. Specifications state that the contractor shall pay all costs associated with power services, now shall indicate this will be provided by the owner.

01 57 00 – Snow and Ice Removal ($10,147.00) It was agreed upon that the town will perform snow and ice removal. 01 56 26 – Temporary Fencing ($657.00) Due to the site reduction the amount of temporary fencing will reduce to 1,500 LF. 03 30 00 – Concrete ($35,242.00) The west side of the building’s exterior concrete paving, which is 2,100 square feet, will be deleted. This is inclusive of concrete paving, reinforcement and striping. Precast parking blocks have been added to precast. Due to the under slab insulation being removed the vapor barrier will be added back in the project scope. The specifications call for a 10mm vapor barrier under slab. All concrete for the salt and sand storage building will be removed from the bid. 03 40 00 – Precast Concrete ($8,525.00) It was agreed upon that the jersey barriers (bin blocks) will be removed from the scope of the project. 05 50 00 Metal Fabrication ($2,138.00) It was agreed upon that steel bollard size would be reduced to 7’-0”. The drawings indicate 8’-0” steel bollards with cap. The substitution of metal grated treads on the stairs as opposed to concrete treads. It was agreed upon that the stair railing infill rails will be reduced by two. The drawings indicate 8 infill rails to be used, this will be reduced to 6 infill rails.

06 40 00 Architectural Woodwork ($2,203.00) It was understood that the necessary work required to install the stock Corian window sills in lieu of group “C” Corian window sills would be less, therefor we deemed it appropriate to substitute said stock Corian window sills. The specifications call for group “C” Corian window sills, this substitute would include group “A” Corian window sills.

It was agreed upon to substitute A&M counter supports in lieu of Rakks Brackets. The specifications call for Rakks “model EH-1824”, the substitute will include A&M brackets (model to be determined at a later date).

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Nederland Public Works Facility January 29, 2016 Page: 2



07 21 14 – Under Slab Insulation ($4,500.00) It was agreed upon that the under slab insulation will be reduced to just 4 foot around the perimeter of the public

works structure. 07 72 00 – Roof Accessories ($8,536.00) It was agreed upon that the fall protection is unnecessary due to the slope of the roof. The specifications call for a

metal wire fall protection system, this system will be removed. 08 33 00 – Overhead Doors ($3,011.00) It was agreed upon that the type of overhead door may be changed. The specifications call for Stormtite AP Model 626 coiling doors and a Clopay Model 3720 sectional door, we have selected doors from Overhead Door Company of Denver that are comparable to the requested doors. The coiling doors are series 620 and the sectional door is a series 591, both are manufactured by Overhead Door Company. 09 29 00 – Gypsum Board ($1,486.00) It was agreed upon to remove the abuse board specified for the second story hallway. The drawings call for 5/8” abuse resistant gypsum board in the hallways, this product will be removed from the bid. 09 51 23 – Acoustical Tile Ceiling ($912.00) It was agreed upon that Rockfon ceiling tiles would be used in lieu of Armstrong World Industries, Inc. 09 60 00 – Flooring ($2,806.00) It was understood that sealed concrete would be used for the entire floor in lieu of vinyl composite tile flooring. The specifications call for 12” x 12” x 0.125” Armstrong VCT flooring, Permasil concrete sealant will be used as a substitute. 10 22 13 – Wire Mesh Partitions ($7,266.00) It was agreed upon that chain link fencing is to be used in lieu of the wire mesh partitions. 10 28 00 – Toilet, Bath, and Laundry Accessories ($277.00) It was agreed upon that the toilet bath and laundry accessories will be changed from Bobrick Washroom Equipment to Gamco Specialty Accessories. 11 24 29 – Fall Protection ($8,467.00) It was agreed upon that the fall protection was unnecessary due to the low slope of the roof, therefore it has been removed from the scope. 11 52 00 – Audio Visual Equipment ($948.00) It was agreed upon that the drop down projection screen was to be removed due to the marker board having projection screen capabilities. 13 31 00 – Fabric Structure ($46,820.00) The fabric structure has been removed from the scope. 13 34 19 – Metal Building System ($3,139.00) It was agreed upon that the horizontal panels on the exterior of the metal building will be removed in exchange for the vertical paneling in accordance with the specifications and quoted material. 22 00 00 – Mechanical ($28,100.00)

Change Specification on Plumbing Fixtures ($3,000.00) Decrease to traffic rated trench drains ($9,000.00)

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Remove solar thermal from Mechanical bid ($8,000.00) Remove sand and oil interceptor ($3,000.00) Remove air compressor from bid ($2,500.00) Controls subcontractor voluntary credit ($2,600.00)

23 56 13.19 – Solar Thermal ($11,600.00) It was agreed upon that the solar thermal system would be removed from the scope.

26 00 00 – Electrical ($6,113.00) It was agreed upon that aluminum feeders may be substituted for copper feeders. The specifications call for copper feeders, but it was suggested to us the aluminum feeders would be a viable option in reducing cost. It was agreed upon that the 2 – L type fixtures and circuitry, and partial underground in the sand and salt storage building will be removed. As well as the light pole adjacent to the police impound lot. 26 31 00 – Photovoltaic ($14,438.20) As requested by the engineer and the owner a 10.7 kWh photovoltaic system has been substituted for a 16.9 kWh photovoltaic system. 31 00 00 – Earthwork ($109,277.00) It was agreed upon that the town will perform cleaning and grubbing, tree removal, fine grading, living fence grading, and tree installation. The installation of a Vehicle Traction Control pad will be deducted from this bid per agreement from the owner and engineer. It was agreed up that the west side of the site would be removed from the scope, therefore the following will be reduced in the bid price: rough grade (-61,000 SF), rip rap (-475 TN), class 6 road base (-1475 TN), and scarify and re-compact (-61,000 SF).

32 31 00 – Fencing and Gates ($7,174.00) It was agreed up that the west side of the site would be removed from the scope, due to this reduction the Police impound lot fencing and gates will be removed from the scope. 32 92 19 – Landscaping ($5,255.00) It was agreed up that the west side of the site would be removed from the scope, due to this the seeding will be reduced 2,389 SF. Native seed is assumed to be acceptable without blankets. 33 00 00 – Water Utilities ($9,431.00) It was agreed upon that the Town of Nederland will be purchasing and supplying the piping for the water utilities. If piping remains in MWGC contract, purchasing PVC C900 in lieu of ductile iron pipe will save – ($2,041.92)

Alternate 1: It was agreed upon that the Town to Nederland will purchase the ductile iron piping for water main from ridge road to property line - ($22,453.00)

If piping remains in MWGC contract, purchasing PVC C900 in lieu of ductile iron pipe will save: – ($12,897.48) 48 16 00 – Geothermal Loop ($16,431.00) Change subcontractor to Can-Am Drilling

Additional Scope Deferral Options:

08 33 00 – Overhead Doors ($800.00) It was understood that the Town of Nederland has two coiling door motors, the price to install these motors would be $800 by Overhead Door Company. Please verify that the motors are fit to operate the coiling doors.

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12 20 00 – Window Coverings ($1,220.00)

Remove window shades from bid

26 31 00 – Photovoltaic ($28,123.00) Remove the photovoltaic system from the project. 33 00 00 – Utilities ($144,107.10) If Town of Nederland performs water main from Ridge Road to public works building. The following is a detailed cost breakdown of the above referenced project:

Division Description Total Cost Cost Per SF % of Total

010000 General Conditions $158,844 $30.26 8.37% 013223 Surveying $12,985 $2.47 0.68% 015626 Temporary Fencing $4,440 $0.85 0.23% 033000 Cast In Place Concrete $125,429 $23.89 6.61% 034000 Precast Concrete (Bin Blocks only) $- $- 0.00% 055000 Metal Fabrication (Bollards) $29,410 $5.60 1.55% 061000 Rough Carpentry $4,200 $0.80 0.22% 064000 Architectural Woodwork $8,932 $1.70 0.47% 071000 Dampproofing and Waterproofing $1,227 $0.23 0.06% 072113 Foundation Insulation $2,106 $0.40 0.11% 072114 Under Slab Rigid Insulation $6,092 $1.16 0.32% 077200 Roof Accessories $2,150 $0.41 0.11% 079200 Joint Protection $3,785 $0.72 0.20% 081100 Metal Doors and Frames $14,574 $2.78 0.77% 083300 Overhead Doors $27,599 $5.26 1.45% 085000 Windows and walk doors $10,984 $2.09 0.58% 086000 Skylights $3,080 $0.59 0.16% 092900 Gypsum Board $57,558 $10.96 3.03% 095123 Acoustical Ceiling Tile $2,532 $0.48 0.13% 096000 Flooring $8,080 $1.54 0.43% 099000 Painting and Coating $16,212 $3.09 0.85% 101100 Visual Display Units $447 $0.09 0.02% 101400 Signage $853 $0.16 0.04% 102213 Wire Mesh Partitions (Chain Link Sub) $1,323 $0.25 0.07% 102800 TBL Accessories $12,990 $2.47 0.68% 112429 Fall Protection $- $- 0.00% 115200 Audio Visual Equipment $- $- 0.00% 122000 Window Coverings $1,220 $0.23 0.06% 133100 Fabric Structures $- $- 0.00% 133419 Metal Building Systems $204,591 $38.97 10.78% 133420 Anchor Bolts $603 $0.11 0.03% 144500 Two post vehicle lift $16,300 $3.10 0.86% 210000 Fire Suppression $21,000 $4.00 1.11% 220000 Plumbing $238,059 $45.34 12.55% 230000 HVAC $117,404 $22.36 6.19% 235613 Solar Thermal System $- $- 0.00% 260000 Electrical $250,997 $47.81 13.23% 263100 Photovoltaics $28,123 $5.36 1.48% 310000 Earthwork $200,500 $38.19 10.57%

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Division Description Total Cost Cost Per SF % of Total 329219 Seeding $12,800 $2.44 0.67% 323100 Fencing and Gates $- $- 0.00% 331000 Water Utilities $108,377 $20.64 5.71% 481600 Geothermal Loop $26,950 $5.13 1.42% 600000 Insurance $34,376 $6.55 1.817% 600001 Payment and Performance Bond $13,686 $2.61 0.72% 600002 Margin $106,560 $20.30 5.62% Total: $1,897,378 $361.41 100.00%

Alternate 1, Water main from Ridge Road to property line: (original bid price: $124,428.00) Division Description Total Cost Cost Per SF % of Total

330000 Base Bid $115,914 $15.93 115.13% 330000 Ductile piping paid for by town (-$22,162) (-$3.05) (-22.01%) 600000 Insurance $469 $0.06 0.47% 600001 Payment and Performance Bond $809 $0.11 0.80% 600002 Margin $5,653 $0.78 5.61% Total: $100,683 $13.84 100%

Project Grand Total (Base bid and Alternate 1): $1,998,061.00 Town of Nederland Self Performed Scope: Division Description Total Cost

015100 Temporary Power and Utilities $6,840.00 015700 Snow and Ice Removal $10,894.00 034000 Bin block placement $3,306.00 310000 Grubbing, tree removal, and fine grading $7,412.00 310000 Water pipe purchasing for utilities and alternate $33,899.0 310000 Living fence grading and tree installation $3,103.00 Total: $65,454.00

Sincerely, MW GOLDEN CONSTRUCTORS

Michael Ryan Project Estimator

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