HomeMy Public PortalAboutTBP 2022-03-16Board of Trustees
Regular Meeting Agenda
Fraser Town Hall, 153 Fraser Avenue and Virtually
Wednesday March 16, 2022
7:00 PM - 9:00 PM
Members of the Board may have dinner together @ 5:30
p.m.
NOTE: Times are approximate and agenda subject to
change
Watch the meeting live on Fraser's YouTube
Channel https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg
Participate in the meeting through our virtual platform
Zoom Meeting Information
https://us02web.zoom.us/j/2590408013
Meeting ID:259 040 8013
Phone 1 -346 -248 -7799
Workshop - Short Term Rentals
Roll Call
Approval Of Agenda
Consent Agenda
Minutes March 2, 2022
TBM 2022 -03 -02.Pdf
Discussion And Possible Action Regarding
Resolution 2022 -03 -03 Sanitary Sewer Line Replacement Design
2022 SS Replacement Design Board Memo.pdf
Resolution 2022 -03 -03 SS Replacement Design.pdf
Sewer Upgrade Proposal Ver 2 -17 -22.Pdf
Subcontracted Geotech Proposal.pdf
UP Agreement 3312 -26.Pdf
Water Efficiency Plan Proposal Grant Update - Adam
CR 522 Proposed Alignment - Ed
CR 522 Proposed Alignment.pdf
GRC 522 _ 721 FFV Pkwy SECTIONS.pdf
Grand County Rd 522 From 73 To 5.Pdf
Regional Housing Authority Intergovernmental Agreement And By -
Laws
Grand_Winter Park_Fraser_Granby - Intergovernmental Agreement
Regional Housing Authority.pdf
Grand_Winter Park_ Fraser_Granby_Housing Authority By -Laws.pdf
Open Forum
a) Business not on the agenda
(If you would like to request time on the agenda please contact the Town
Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201)
Updates
Grand Kids Learning Center Update
Town Of Fraser Thank You 3 -1 -2022.Pdf
2021 PD Annual Report Final
2021 PD Annual Report Final.pdf
Building Report
Fraser Report February 2022.Pdf
Fraser Report Janaury 2022.Pdf
Committee Minutes
PAC 2_25_22.Pdf
PCM 2022 -02 -23.Pdf
Executive Session
For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)
(I) and not involving any specific employees who have requested
discussion of the matter in open session . For a conference with the Town
Attorney for the purpose of receiving legal advice on specific legal
questions under C.R.S. Section 24 -6 -402(4)(b). Regarding personnel
Adjourn
UPCOMING MEETING
WEDNESDAY, APRIL 6, 2022 BOARD OF TRUSTEES
1.6:00 P.M.
2.7:00 P.M.
3.
4.
a.
Documents:
5.
a.
Documents:
b.
c.
Documents:
d.
Documents:
6.
7.
a.
Documents:
b.
Documents:
c.
Documents:
d.
Documents:
8.
9.
Board Staff
Direct : Define the service, product or value
to be delivered
Lead : Future focused planning
Protect : Establish the operational
boundaries to be respected by Staff and
monitored by the Board
Manage : Now focused policy and procedural
guidance to ensure on time, on budget, and on
target service delivery
Enable : Advocacy, resource development,
and role discipline
Accomplish : Ensure the work defined by the
direction of the Board of Trustees is accomplished
Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday March 16, 2022 7:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Informationhttps://us02web.zoom.us/j/2590408013 Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Workshop - Short Term RentalsRoll CallApproval Of AgendaConsent AgendaMinutes March 2, 2022TBM 2022 -03 -02.PdfDiscussion And Possible Action RegardingResolution 2022 -03 -03 Sanitary Sewer Line Replacement Design
2022 SS Replacement Design Board Memo.pdf
Resolution 2022 -03 -03 SS Replacement Design.pdf
Sewer Upgrade Proposal Ver 2 -17 -22.Pdf
Subcontracted Geotech Proposal.pdf
UP Agreement 3312 -26.Pdf
Water Efficiency Plan Proposal Grant Update - Adam
CR 522 Proposed Alignment - Ed
CR 522 Proposed Alignment.pdf
GRC 522 _ 721 FFV Pkwy SECTIONS.pdf
Grand County Rd 522 From 73 To 5.Pdf
Regional Housing Authority Intergovernmental Agreement And By -
Laws
Grand_Winter Park_Fraser_Granby - Intergovernmental Agreement
Regional Housing Authority.pdf
Grand_Winter Park_ Fraser_Granby_Housing Authority By -Laws.pdf
Open Forum
a) Business not on the agenda
(If you would like to request time on the agenda please contact the Town
Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201)
Updates
Grand Kids Learning Center Update
Town Of Fraser Thank You 3 -1 -2022.Pdf
2021 PD Annual Report Final
2021 PD Annual Report Final.pdf
Building Report
Fraser Report February 2022.Pdf
Fraser Report Janaury 2022.Pdf
Committee Minutes
PAC 2_25_22.Pdf
PCM 2022 -02 -23.Pdf
Executive Session
For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)
(I) and not involving any specific employees who have requested
discussion of the matter in open session . For a conference with the Town
Attorney for the purpose of receiving legal advice on specific legal
questions under C.R.S. Section 24 -6 -402(4)(b). Regarding personnel
Adjourn
UPCOMING MEETING
WEDNESDAY, APRIL 6, 2022 BOARD OF TRUSTEES
1.6:00 P.M.2.7:00 P.M.3.4.a.Documents:5.a.Documents:
b.
c.
Documents:
d.
Documents:
6.
7.
a.
Documents:
b.
Documents:
c.
Documents:
d.
Documents:
8.
9.
Board Staff
Direct : Define the service, product or value
to be delivered
Lead : Future focused planning
Protect : Establish the operational
boundaries to be respected by Staff and
monitored by the Board
Manage : Now focused policy and procedural
guidance to ensure on time, on budget, and on
target service delivery
Enable : Advocacy, resource development,
and role discipline
Accomplish : Ensure the work defined by the
direction of the Board of Trustees is accomplished
Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday March 16, 2022 7:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Informationhttps://us02web.zoom.us/j/2590408013 Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Workshop - Short Term RentalsRoll CallApproval Of AgendaConsent AgendaMinutes March 2, 2022TBM 2022 -03 -02.PdfDiscussion And Possible Action RegardingResolution 2022 -03 -03 Sanitary Sewer Line Replacement Design2022 SS Replacement Design Board Memo.pdfResolution 2022 -03 -03 SS Replacement Design.pdfSewer Upgrade Proposal Ver 2 -17 -22.PdfSubcontracted Geotech Proposal.pdfUP Agreement 3312 -26.PdfWater Efficiency Plan Proposal Grant Update - AdamCR 522 Proposed Alignment - EdCR 522 Proposed Alignment.pdfGRC 522 _ 721 FFV Pkwy SECTIONS.pdfGrand County Rd 522 From 73 To 5.PdfRegional Housing Authority Intergovernmental Agreement And By -Laws Grand_Winter Park_Fraser_Granby - Intergovernmental Agreement Regional Housing Authority.pdfGrand_Winter Park_ Fraser_Granby_Housing Authority By -Laws.pdfOpen Foruma) Business not on the agenda(If you would like to request time on the agenda please contact the Town Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201)UpdatesGrand Kids Learning Center UpdateTown Of Fraser Thank You 3 -1 -2022.Pdf2021 PD Annual Report Final2021 PD Annual Report Final.pdfBuilding ReportFraser Report February 2022.PdfFraser Report Janaury 2022.PdfCommittee Minutes
PAC 2_25_22.Pdf
PCM 2022 -02 -23.Pdf
Executive Session
For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)
(I) and not involving any specific employees who have requested
discussion of the matter in open session . For a conference with the Town
Attorney for the purpose of receiving legal advice on specific legal
questions under C.R.S. Section 24 -6 -402(4)(b). Regarding personnel
Adjourn
UPCOMING MEETING
WEDNESDAY, APRIL 6, 2022 BOARD OF TRUSTEES
1.6:00 P.M.2.7:00 P.M.3.4.a.Documents:5.a.Documents:b.c.Documents:d.Documents:6.7.a.Documents:b.Documents:c.Documents:d.Documents:
8.
9.
Board Staff
Direct : Define the service, product or value
to be delivered
Lead : Future focused planning
Protect : Establish the operational
boundaries to be respected by Staff and
monitored by the Board
Manage : Now focused policy and procedural
guidance to ensure on time, on budget, and on
target service delivery
Enable : Advocacy, resource development,
and role discipline
Accomplish : Ensure the work defined by the
direction of the Board of Trustees is accomplished
FRASER BOARD OF TRUSTEES
MINUTES
DATE:March 2, 2022
MEETING:Board of Trustees Regular Meeting
PLACE:Fraser Town Hall Board Room and Virtually
PRESENT
Board:Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy
Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn, and Kaydee Fisher
Staff:Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh; Assistant
Town Manager, Michael Brack; Public Works Director, Russell
Pennington; Town Planner, Catherine Trotter; Water and Wastewater
Superintendent Adam Cwiklin; Marketing and Communications Manager,
Sarah Weick
Others:Clark Lipscomb
Mayor Vandernail called the meeting to order at 6:00 p.m.
1. Board of County Commissioners Update
2.Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy
Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn, and Kaydee Fisher
3.Approval of Agenda:
Trustee Soles moved, and Trustee Waldow seconded the motion to approve the
agenda moving the Board of County Commissioners Update after the Consent Agenda.
Motion carried: 7-0.
4.Consent Agenda:
a)Minutes February 16, 2022
Trustee Cerkvenik moved, and Trustee Quinn seconded the motion to approve the
consent agenda removing item b. Resolution 2022-03-01 Surety Reduction EMF 12 from
the consent agenda to Discussion Item 5c. Motion carried: 7-0.
5.David Buckley, Board of County Commissioners Candidate
David Buckley not in attendance.
6.Updates
a) Fire And Ice Festival Update
Marketing and Communications Manager, Sarah Weick presented an update and
pictures.
b)March 14 Combined Meeting and Regional Housing Authority Update
Assistant Town Manager, Michael Brack presented.
Page 2 of 2
c)Candidate Forum will be held at Rocky Mountain Roastery on March 3 from 6pm-
8pm.
d)Trustee Waldow, requested staff to research outsourcing Human Resources, House
Bill HB 2022-1117 Lodging Tax allocation, The Board requested the Town Manager to
draft a letter of support for HB 22-1117 and have the mayor sign it.
e)Trustee Miller, inquired if the RFP for the Cozens bathrooms have been released, no
it has not. He will stay in touch after the election and would be available to help with
Victoria Village if needed.
7.Discussion and Possible Action:
a)Resolution 2022-03-02 SCADA To Cloud
Trustee Miller moved, and Trustee Cerkvenik seconded the motion to approve
Resolution 2022-03-02 SCADA To Cloud. Motion carried: 7-0.
b)High Country Stampede Rodeo Funding Request
Trustee Soles moved, and Trustee Cerkvenik seconded the motion to approve $300
contribution for the Banner Sponsor. Motion carried: 7-0.
c)Resolution 2022-03-01 Surety Reduction EMF 12
Trustee Soles moved, and Trustee Miller seconded the motion to approve Resolution
2022-03-01 Surety Reduction EMF 12. Motion carried: 7-0.
8. Open Forum:
a) none
9.Adjourn:
Trustee Quinn moved, and Trustee Soles seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 7:15 p.m.
_____________________________
Antoinette McVeigh, Town Clerk
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
MEMO TO:Mayor Vandernail and the Board of Trustees
FROM:Adam Cwiklin, Water and Wastewater Superintendent and
Russell Pennington, P.E., Public Works Director
DATE:3/16/2022
SUBJECT:Sanitary Sewer Replacement
SUBJECT: Sanitary Sewer Replacement
Consideration of A Resolution Authorizing Town staff to award a contract Merrick and
Company for Sanitary Sewer Replacement in the Amount of $100,000. The costs
estimate is $88,717.00, with a contingency of $12,283.00 for a total of $100,000.
DEPARTMENT: Public Works
PRESENTER/PREPARER: Russell Pennington, Public Works Director
Adam Cwiklin, Water and Wastewater Superintendent
FISCAL INFORMATION:
Cost as Recommended:$100,000
Balance Available:$70,000
Fund:Wastewater, Engineering fees
Budget Line-Item Number: 55-40-330
New Appropriation Required:Yes
REQUESTED ACTON:
Approve the Resolution 2022-03-03 to award said contract, authorize the appropriate Town
officer to execute said contract, and authorize Staff to expend contracted funds and contingency
funds.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Fraser anticipates upgrading the sanitary sewer main running from the trunk line east of
Highway 40 to west of the railroad tracks in 2022/23. See map at end of the Memo.
This stretch of sewer main needs repair. It is a lined clay pipe that has capacity, flow, and I/I
issues. This is a critical stretch of sewer main as it services the Town Hall, Public Works Facility,
Fraser Elementary, and the Fraser Library. Upgrading the pipe is necessary. The project will
replace lined clay pipes with modern materials, correct alignment issues to improve the flow and
increase capacity to the FRODO area and west of the railroad. It will also reduce the quantity of
I/I within Fraser’s collection system.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
SCOPE OF WORK:
Merrick and Company will perform two phases of the project.Merrick will complete engineering
design and ensure the project is constructed in conformance with the approved plans.Each
phase is described in greater detail below.
Final Design Phase
Final design will include preparation of construction plans and specifications that conform to
Town of Fraser and industry standards and includes preparation of contract documents
necessary for competitive bidding.
Specific tasks include:
1.Geotechnical services:we propose to subcontract geotechnical services including mobilizing
a drill rig with large rock capabilities for two borings,observing two test pits,collecting soil
samples for laboratory testing,and preparation of a separate report of soil and groundwater
conditions pertaining to horizontal borings.
2.Prepare all necessary design calculations,designs,final drawings,and specifications as are
reasonably needed to advertise and obtain competitive construction bids.
3.Complete site visits and field observations as needed for design.
4.Provide coordination for obtaining utility locates.
5.Submit progress drawings at approximate 60% and 95% design level.
6.Prepare and furnish copies of drawings,details,specifications,and other contract
documents for final review by the Town.
7.Assist the Town in completing permits for the new sewer line construction under UP and
Highway 40 ROWs,including any necessary construction easements.We will meet with the
Colorado Department of Transportation to discuss the potential for less expensive open cut
construction in the Highway 40 ROW.
8.Prepare basic documents related to construction contracts for review and approval by the
Town.These may include contract agreement forms,instructions to bidders,general
conditions and project special provisions, and advertisement for bids.
9.Prepare a final Engineer's opinion of construction costs.
10.Assist in advertising and securing bids, tabulation and analysis of bid results.
11.Furnish recommendations on the award of construction contracts.
Construction Phase
This work will include engineering related services as required to assist the Town to ensure the
project is constructed in conformance with the approved plans and specifications,and Town
criteria.We understand the Town may provide daily inspection and overall on-site construction
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
management.Merrick will aid with only those services so directed by the Town.To provide
continuity we would propose that our construction manager,Eric Vaughan,manage our internal
resources to meet the Town’s inspection needs and schedules.Services could be provided in
conformance with our existing Construction Management and Inspection Services contract.
Specific tasks include:
1.Conduct an on-site preconstruction meeting with the Contractor.
2.Complete site visits to observe construction progress and quality.We have assumed a visit
every other week for 12 weeks,plus two additional visits for a pre-construction meeting and
final inspection,for a total of 8 visits.As much as possible,site visits will be coordinated with
other inspection services by Eric Vaughan to reduce travel and be cost effective.
3.Check construction and shop drawings submitted by the Contractor for compliance with
design concepts.
4.Review and respond to requests for information (RFIs).
5.Review and make recommendations on Contractor pay applications.
6.Support the Town in contract closeout by inspecting the project to recommend for or against
meeting substantial completion,preparing a punch list,and inspecting the project to
recommend for or against meeting final completion.
Engineering Design $69,317
Geotechnical Services: $11,530
Engineering: $38,000
Construction Administration: $19,787
Survey/Easement $10,000
Railroad permit $9,400
Contingency $12,283
Total $100,000
The estimate for the project is $88,717.00. The project funding includes contingency
amounts amount of $12,283.00 for a total of $100,000.00 which can be used towards
unforeseen changes during installation.
PROJECT SCHEDULE
Notice to proceed: March 17, 2022
Completion date: September 30, 2022
ATTACHMENTS:
Proposal for a Sewer Upgrade Design, Fraser Colorado
Subcontracted Geotech Proposal
Union Pacific Agreement 3312-26
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
STAFF RECOMMENDATION:
Motion to approve Resolution No. 2022-03-03 authorizing the appropriate Town officer to
contract Merrick and Company using the Engineering Fees (55-40-330) of the 2022 Wastewater
Fund in an amount not to exceed $100,000.00.
TOWN OF FRASER
RESOLUTION NO. 2022-03-03
A RESOLUTION AUTHORIZING THE EXPENDITURE OF THE WASTEWATER FUND
TO COMPLETE DESIGN, CONSTRUCTION AND ASSOCIATED ACTIVITIES NECESSARY
FOR REPLACEMENT OF THE SUBJECT SANITARY SEWER LINE.
WHEREAS, the 2022 Budget provides for certain wastewater system projects.
THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1. The Town Board of Fraser, Colorado hereby authorizes the appropriate Town Staff to
expend up to $100,000.00 for Merrick and Company and subcontractors to design sewer
replacement project and associated tasks.
2. Said activities must be completed by the end of September 30, 2022, or the approval
will no longer be effective.
READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES
THIS ____ DAY OF MARCH 2022.
Votes in favor: ___BOARD OF TRUSTEES OF THE
Votes opposed: ___TOWN OF FRASER, COLORADO
Absent: ___
Abstained: ___BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
Employee Owned
2480 W. 26th Street, Unit B225
Denver, Colorado 80211 Tel: +1 303-964-3333 hello@merrick.com
www.merrick.com
February 17, 2022
Adam Cwiklin, CWP
Water and Wastewater Superintendent
Town of Fraser
153 Fraser Avenue, PO Box 370
Fraser CO, 80442
Via email: acwiklin@town.fraser.co.us
RE: Proposal for a Sewer Upgrade Design, Fraser Colorado
Dear Adam:
Merrick & Company (Merrick) is pleased to present this proposal to complete the design of an
upgrade to an existing sewer line that extends from manhole B010 on the east side of US Highway
40, beneath the highway and Union Pacific Railroad (UP) to manhole WO-12 on the west side of the
UP right-of-way (ROW). The existing 8-inch sewer line is undersized to meet future demands and
will be replaced with 10-inch and 12-inch lines.
Because the existing sewer line crosses beneath active railroad tracks and Highway 40, bypass
pumping to replace the line in the same alignment would be impractical. Consequently, the new line
will be designed in parallel with the existing line to keep the existing line in service through
construction.
In December 2021, Merrick completed a single sheet conceptual plan-and-profile of the new sewer
line which the Town utilized to initiate a permit request with UP for a new crossing under their ROW.
This plan-and-profile will be a starting point to complete the design of the new sewer line, and the
final design will be used to update the UP permit request, and to start a new request with the
Colorado Department of Transportation (CDOT) for the crossing under Highway 40.
Scope of Services
Work would begin upon authorization from the Town. We will schedule a kickoff meeting with the
Town (virtual or conference call) to confirm the project scope and key tasks and ensure everyone
has the same understanding of the project and its deliverables. We will confer with the Town
regarding any additional information that may be available since the conceptual design was
completed including updated surveys and right-of-way filings.
2
Final Design Phase
Final design will include preparation of construction plans and specifications that conform to Town
of Fraser and industry standards and includes preparation of contract documents necessary for
competitive bidding.
Specific tasks include:
1. Geotechnical services: we propose to subcontract geotechnical services including mobilizing
a drill rig with large rock capabilities for two borings, observing two test pits, collecting soil
samples for laboratory testing, and preparation of a separate report of soil and groundwater
conditions pertaining to horizontal borings.
2. Prepare all necessary design calculations, designs, final drawings, and specifications as are
reasonably needed to advertise and obtain competitive construction bids.
3. Complete site visits and field observations as needed for design.
4. Provide coordination for obtaining utility locates.
5. Submit progress drawings at approximate 60% and 95% design level.
6. Prepare and furnish copies of drawings, details, specifications, and other contract documents
for final review by the Town.
7. Assist the Town in completing permits for the new sewer line construction under UP and
Highway 40 ROWs, including any necessary construction easements. We will meet with the
Colorado Department of Transportation to discuss the potential for less expensive open cut
construction in the Highway 40 ROW.
8. Prepare basic documents related to construction contracts for review and approval by the
Town. These may include contract agreement forms, instructions to bidders, general
conditions and project special provisions, and advertisement for bids.
9. Prepare a final Engineer's opinion of construction costs.
10. Assist in advertising and securing bids, tabulation and analysis of bid results.
11. Furnish recommendations on the award of construction contracts.
Construction Phase
This work will include engineering related services as required to assist the Town to ensure the
project is constructed in conformance with the approved plans and specifications, and Town criteria.
We understand the Town may provide daily inspection and overall on-site construction management.
Merrick will provide assistance for only those services so directed by the Town. In an effort to provide
continuity we would propose that our construction manager, Eric Vaughan, manage our internal
resources to meet the Town’s inspection needs and schedules. Services could be provided in
conformance with our existing Construction Management and Inspection Services contract. Specific
tasks include:
1. Conduct an on-site preconstruction meeting with the Contractor.
2. Complete site visits to observe construction progress and quality. We have assumed a visit
every other week for 12 weeks, plus two additional visits for a pre-construction meeting and
3
final inspection, for a total of 8 visits. As much as possible, site visits will be coordinated with
other inspection services by Eric Vaughan to reduce travel and be cost effective.
3. Check construction and shop drawings submitted by the Contractor for compliance with
design concepts.
4. Review and respond to requests for information (RFIs).
5. Review and make recommendations on Contractor pay applications.
6. Support the Town in contract closeout by inspecting the project to recommend for or against
meeting substantial completion, preparing a punch list, and inspecting the project to
recommend for or against meeting final completion.
Assumptions
We have assumed that the information to be collected is available from existing sources and does
not require research to create new data.
1. Surveying is not included in this scope as we understand that the Town prefers to directly
contract these services. Merrick will provide coordination for these services and has
requested a proposal on the Town’s behalf from Core Consultants to survey the site vicinity,
and to survey utility locations and depths. Core will subcontract potholing services as needed
to confirm utility depths.
2. Merrick will coordinate with the Town for utility locates.
3. The Town will supply an excavator and operator to dig test pits.
4. The Town will work with adjacent property owners regarding the possible need for easement
acquisition.
5. Costs for permits and easements are not included in our fee.
6. Our fee includes $11,530 in subcontracted geotechnical services detailed in the attached
proposal from CTL Thompson. The proposal from CTL Thompson included $1,320 in costs
for an excavator which will not be necessary because the Town will supply the excavator.
4
Schedule
We are prepared to start immediately upon your authorization and anticipate that the schedule for
design completion will be as follows, based on a notice to proceed received on March 7, 2022 after
the March 2, 2022 Town of Fraser Board of Trustees meeting.
Description Anticipated Date
Kick Off Meeting Week of March 21, 2022
Meet with CDOT Week of April 4, 2022
Coordinate Geotechnical Investigations and Surveys.
Coordinate Utility Locates. Meet with the Town in
Person.
Week of May 2, 2022
Submit 30% Progress Drawings for Town Review Week of May 16, 2022
Completion of Geotechnical Report and Survey
Results
Week of May 23, 2022
Submit 60% Progress Drawings, Details, and
Specifications for Town Review. Initiate CDOT Permit.
Week of June 20, 2022
Submit 95% Progress Drawings, Details,
Specifications and Contract Documents for Town
Review
Week of July 25, 2022
Submit Final Drawings, Details, Specifications, Contract
Documents, Instructions to Bidders and Advertisement
for Bids. Assist Town with Advertising for Bids
Week of August 22, 2022
We will also assist with bid tabulation, bid analysis and recommendations for award based on the
Town’s advertisement and bid schedule.
Fee
The Engineering services required, as described above, will be furnished on an hourly rate plus
actual expense basis using the current Schedule of Hourly Rates.
• Geotechnical Services: $11,530
• Engineering: $38,000
• Construction Administration: $19,787
• Total: $69,317
5
Please contact me if you have any questions or concerns regarding these proposed services.
Sincerely,
Merrick and Company
Randy Kenyon, P.E.
Senior Project Manager
The above proposal is accepted by the Town of Fraser, and the Engineer is authorized to proceed
with the work.
By:___________________________________________ Date:___________________
Proposal
1790 Airport Road Unit 2 | PO Box 4928 | Breckenridge, CO 80424 | Phone: 970-453-2047 | www.ctlt.com
February 1, 2022
Merrick
5970 Greenwood Plaza Boulevard
Greenwood Village, CO 80111
Attn: Randy Kenyon
Subject: Proposal for Geotechnical Investigation
Fraser Sanitary Crossing
Fraser Avenue and Eastom Avenue
Fraser, Colorado
Proposal No. SU 22-0022
CTL | Thompson, Inc. presents this proposal for performing a geotechnical investigation for the pro-
posed sanitary sewer crossing beneath U.S. Highway 40 and the Union Pacific Railroad near Fraser Avenue
and Eastom Avenue, Fraser, Colorado.
The scope of our services is shown on Exhibit A. We estimate the total fee will be $12,850, including
the cost of the drill rig and excavator. A breakdown of the estimated fee is shown on Exhibit B. This fee as-
sumes that the project site can be readily accessed by an ODEX drill rig and traditional excavation equipment.
If difficult access conditions exist (snow, mud, etc.) an additional fee may apply.
CTL will request responsible utilities to locate off-site lines and public on-site lines when necessary for
CTL work. Client shall be responsible for designating the location of all private utility lines and subterranean
structures within the property lines of the Project. Client agrees to hold CTL harmless for damage to utilities
or subterranean structures which are not correctly located by Client or the responsible utility. We will make
reasonable efforts to keep ground disturbance low; however, the Client must be aware that some ground dis-
turbance will occur.
We appreciate the opportunity to submit this proposal. If acceptable, please sign one copy of the
Service Agreement and return it for our files, or authorize us to proceed under the terms of the Agreement.
We look forward to working with you. If you have any questions, please call 970-453-2047.
Very truly yours,
CTL | THOMPSON, INC.
George W. Benecke III, P.E.
Division Manager, Summit County
gbenecke@ctlthompson.com
BSN:GWB
cc. randy.kenyon@merrick.com
Attachments: Service Agreement
Exhibit A
Exhibit B
Service
Agreement
MERRICK Service Agreement-Page 1 of 4
CTL | THOMPSON PROPOSAL NO. SU 22-0022
Parties This Agreement is made on FEBRUARY 1, 2022 between MERRICK, 5970 GREENWOOD PLAZA BOULE-
VARD, GREENWOOD VILLAGE, CO 80111, referred to herein as “Client” and CTL | Thompson, Inc., 1790 Air-
port Rd, Unit 2, Breckenridge, CO 80424, referred to herein as “CTL.”
Project By joining in the Agreement, Client retains CTL to provide consulting services in connection with the FRASER
SANITARY CROSSING, FRASER AVENUE AND EASTOM AVENUE, FRASER, COLORADO, referred to here-
in as “Project.” Client’s relationship to the Project is that of “ENGINEER”.
Scope Details of the scope of CTL’s services are found in Exhibit A, which is part of this Agreement.
Fee CTL agrees to provide services covered by this Agreement on a Unit Rate basis. Our fee estimate is shown on
Exhibit B. Post-report consultation will be invoiced on a time and materials basis, as set forth in CTL’s current
Fee Schedule.
This quotation shall remain available provided that CTL receives Client’s authorization to proceed within 30 days
of the date of this Agreement.
If Project requirements indicate that the scope of services covered by this Agreement should be revised, a con-
tract modification or written addendum to this Agreement shall be entered into to cover the revised scope and
fee.
Invoices CTL may submit interim invoices to Client and will submit a final invoice upon completion of its services. Invoic-
es will detail charges for different personnel and expense classifications, a lump sum fee, or a percentage of
completion, as appropriate. A more detailed itemization of charges and back-up data will be provided at Client's
request. Payment is due upon presentation of each invoice and is past due thirty (30) days from invoice date.
Client shall pay a finance charge of one-and-one half percent (1 1/2 %) per month on past due accounts, plus
attorney fees and costs associated with collection.
Right-of-
Entry
Client shall arrange for and provide CTL with safe access to the Project property, including access for necessary
equipment, to allow CTL to complete its services. While onsite, CTL will take reasonable precautions to mini-
mize damage to the Project property, but Client agrees that in the normal course of work some damage may
occur, the correction of which shall not be CTL’s responsibility.
Utilities Client shall be responsible for designating the location of all private utility lines and subterranean structures with-
in the property lines of the Project. CTL will request responsible utilities to locate off-site lines and public on-site
lines when necessary for CTL’s services. Client agrees to defend, indemnify and hold CTL harmless for dam-
age to utilities or subterranean structures that are not correctly located by Client or the responsible utility.
Samples CTL will retain soil and rock samples for thirty (30) days after submitting the report on those samples. Construc-
tion materials samples collected and tested, if any, will be disposed of after testing. Further storage or transfer of
samples can be arranged at Client's expense, upon written request.
Ownership
of Docu-
ments
CTL retains ownership and copyrights of all work product, reports, field data, field notes, laboratory test data,
calculations, estimates, design plans, and other documents CTL prepares in connection with this Agreement.
Client is licensed to use these Instruments of Service solely for the purpose they were prepared in furtherance
of this Agreement. Client shall not reproduce, use or alter CTL’s Instruments of Service for other projects, or for
making future modifications to the Project, without CTL’s prior written consent. If CTL terminates this Agree-
ment for non-payment, Client shall not be entitled to use CTL’s Instruments of Service for any reason.
CTL shall retain delivered Instruments of Service in electronic form for five (5) years following completion of its
Service
Agreement
MERRICK Service Agreement-Page 2 of 4
CTL | THOMPSON PROPOSAL NO. SU 22-0022
services, during which period the Instruments of Service shall be made available to Client during regular busi-
ness hours.
Job Site Client shall require the construction contractors and subcontractors to assume sole and complete responsibility
for job site conditions at the Project, including the safety of persons and property, and for construction means,
methods, techniques and sequences. Accordingly, Client shall defend, indemnify and hold CTL harmless from
all claims for personal injury or property damage sustained due to the negligence of any contractor, subcontrac-
tor, or other person not under the control of CTL i) in safeguarding the worksite, ii) for using unacceptable mate-
rials in construction, iii) in constructing the Project, and iv) for claims arising under workers' compensation laws.
Standard of
Care
CTL shall perform its services under this Agreement in a manner consistent with that level of care and skill ordi-
narily exercised by members of the profession currently practicing under similar conditions. CTL makes no ex-
press or implied warranty in connection with the performance of its services.
Client acknowledges that subsurface conditions may vary from those CTL encounters at the location where CTL
performs borings, test pits, surveys, or explorations (if any) and that CTL’s data, interpretations and recommen-
dations are based solely on the information available to it. Client also acknowledges that the performance of
soils depends on variables beyond the control of CTL and therefore, CTL cannot and does not guarantee the
performance of soils at the Project property. CTL will be responsible for its data, interpretations and recommen-
dations as indicated above, but shall not be responsible for the interpretation or implementation by others of the
information developed.
Limitations
on Claims
Any claim or cause of action between Client and CTL including, but not limited to, claims for contribution and
indemnity, shall be deemed to have accrued and the applicable statutes of limitation and repose shall com-
mence to run no later than the date of substantial completion of CTL’s services under this Agreement. Substan-
tial completion shall be deemed to occur no later than the date CTL issues its final invoice under this Agree-
ment.
In the event of a claim, Client agrees that as its sole and exclusive remedy, any claim, demand or suit shall be
brought against CTL as a corporation only, and not against any of CTL's individual employees, engineers,
agents, officers, directors or shareholders.
The services CTL provides pursuant to this Agreement are solely for the benefit of Client. Neither CTL nor Client
intends to confer a benefit on any other person or entity. To the extent any other person or entity benefits from
the services CTL provides, such benefit is purely incidental and such person or entity shall not be deemed a
third party beneficiary of this Agreement.
Client and CTL waive claims against each other for consequential, incidental, indirect, special, exemplary or
punitive damages arising out of the services CTL performs pursuant to this Agreement This mutual waiver in-
cludes, but is not limited to, claims for loss of use, product, rent, income, profit, financing, business, and reputa-
tion, for delay damages of any kind, for lost management and labor productivity, lost opportunity to complete
other projects, and for increased construction and financing costs.. This waiver extends, without limitation, to
all consequential damages due to either party's termination under this Agreement.
Limitation
of Liability
Client agrees CTL’s total aggregate liability to Client and others for all injuries, claims, losses, damages, and
expenses (including costs, expert fees, attorney fees, and interest) arising out of CTL’s services for the Project
shall be limited to the greater of $50,000 or CTL’s fee for the services rendered pursuant to this Agreement.
This limitation shall apply regardless of the nature of the claim made or the theory of liability pursued, including
but not limited to, negligence, strict liability, breach of contract, breach of warranty, contribution, and indemnity.
CTL will have no liability to Client or others for damages resulting from the failure of Client or others to follow
CTL’s recommendations.
Service
Agreement
MERRICK Service Agreement-Page 3 of 4
CTL | THOMPSON PROPOSAL NO. SU 22-0022
Value Engi-
neering
If Client directs CTL or others to revise the Construction Documents to include value engineering, value reduc-
tion, or substitution proposals (VE Proposals) made by others, and CTL does not recommend acceptance of the
VE Proposals, then Client shall release, indemnify, and defend CTL from and against all claims, damages, loss-
es, liabilities, costs and attorney fees arising from the inclusion of the VE Proposals into the Project.
Insurance CTL represents that it, its employees, and the consultants it retains are protected by worker's compensation
insurance, and that CTL has such coverage under commercial general liability, property damage, and profes-
sional liability insurance policies as CTL deems to be adequate. CTL will provide Certificates for these insurance
policies to Client upon written request. CTL shall in no event be responsible for any loss or damage beyond the
amounts, available limits, and conditions of these insurance policies.
Termination Either party may terminate this Agreement for cause upon seven (7) days written notice if the other party sub-
stantially fails to perform its obligations hereunder. Such termination shall not be effective if the substantial fail-
ure has been remedied before expiration of the period specified in the written notice. In the event of termination,
Client shall pay CTL for services performed to the termination notice date, plus reasonable termination expens-
es.
Hazardous
Materials
Client represents that Client has made a reasonable effort to evaluate whether hazardous mat erials are on or
near the Project property and has informed CTL of any information or findings relative to the possible presence
of hazardous materials. Should unanticipated hazardous materials be discovered in the course of CTL’s per-
formance of its services, such discovery shall constitute a changed condition mandating a renegotiation of the
scope of services, or termination of services. Should the discovery of unanticipated hazardous materials require
CTL to take immediate measures to protect health and safety, Client agrees to pay CTL for costs incidental to
taking such measures and for necessary decontamination or replacement of affected equipment. CTL agrees to
notify Client promptly when it encounters unanticipated or suspected hazardous materials. Client agrees to
make any disclosure required by law to appropriate government agencies. Furthermore, Client agrees to de-
fend, indemnify, and hold CTL harmless from all liability arising from discovery by anyone of hazardous materi-
als or suspected hazardous materials.
Humidity,
Moisture
Vapor &
Mold
Unless specifically stated, services intended to control humidity, moisture vapor, and mold are expressly ex-
cluded from this Agreement. Client acknowledges that the growth of mold, some of which may be harmful to
human health, can be caused or exacerbated by conditions which occur inside or outside habitable structures.
If Client desires services intended to reduce humidity, moisture vapor and mold, CTL can provide such services
for an additional fee. If such services are not expressly undertaken by CTL, Client agrees to indemnify, defend
and hold CTL harmless from all claims alleging that CTL caused, contributed to, or failed to prevent injury and
damage related to the presence of humidity, moisture vapor or mold.
Work by
Others
In performing services under this Agreement, CTL shall be entitled to rely upon the accuracy and completeness
of information, reports, recommendations, and design services provided by Client, contractors, or other consult-
ants, and CTL shall have no liability for claims or damages resulting from errors and omissions in the same.
Applicable
Law
The law of the State of Colorado shall govern the validity of this Agreement, and its interpretation, enforcement,
and performance. Should any provision of this agreement be found to be unenforceable, the remainder of this
Agreement shall nonetheless remain valid and binding.
Service
Agreement
MERRICK Service Agreement-Page 4 of 4
CTL | THOMPSON PROPOSAL NO. SU 22-0022
Entire
Agreement
This Agreement shall be the entire agreement between Client and CTL and shall supersede any other agree-
ment relating to the subject matter hereof. In case of conflict or inconsistency between this Agreement and any
other contract documents, this Agreement shall control. Notwithstanding any other provision in this Agreement,
if Client authorizes CTL to proceed with its services or if CTL begins performance of its services, this Agreement
shall become an enforceable agreement between the parties regardless of whether either party has signed this
Agreement.
Authorization CTL Client
By George W. Benecke III, P.E. By
Title Division Manager, Summit County Title
Date February 1, 2022 Date
Exhibit A
Scope of Services
MERRICK Exhibit A - Page 1 of 1
CTL | THOMPSON PROPOSAL NO. SU 22-0022
GEOTECHNICAL INVESTIGATION
1. Observe 2 to 4 test pits in the area of the proposed construction. The pits will be excavated to depths of 8
to 12 feet, or practical refusal.
2. Observe 1 to 2 borings in the area of the proposed construction. The borings will be drilled to depths of 10
to 15 feet, or practical refusal.
3. Obtain samples from the pits and borings to evaluate the engineering characteristics of the various soils
encountered.
4. Perform laboratory testing on typical samples to determine classification and other pertinent properties, as
deemed necessary by CTL.
5. Summarize the results of the field and laboratory investigations and analysis in an engineering report
which will include the following data and recommendations:
a. A site plan showing the locations of the pits and borings;
b. Descriptions of existing site conditions and the proposed construction;
c. Discussion of potential geologic hazards;
d. Graphic logs of the soils found in the pits and borings;
e. Laboratory test results in graphic or tabular form;
f. Discussion of excavations on the site;
g. Discussion of groundwater conditions;
h. Recommendations for surface drainage; and
i. Discussion of maximum rock size observed and other factors that could influence horizontal bor-
ing.
In an effort to reduce paper use, we will submit our reports in electronic form (pdf). We can provide hard copies
upon request.
Exhibit B
Fee Estimate
MERRICK Exhibit B - Page 1 of 1
CTL | THOMPSON PROPOSAL NO. SU 22-0022
1.
ODEX Drill Estimate $4,200/day x 1.0 day +15%=$4,830.00
Excavator $165/hr x 8.0 hrs =$1,320.00
Staff Geologist $110/hr x 4.0 hrs =$440.00
Logger $70/hr x 24.0 hrs =$1,680.00
Subtotal =$8,270.00
2.
Moisture/Density $20/test x 15 test(s)=$300.00
Swell Consolidation $65/test x 5 test(s)=$325.00
Atterberg Limits $85/test x 7 test(s)=$595.00
Full Gradation $105/test x 3 test(s)=$315.00
Gradation, #200 sieve only $45/test x 7 test(s)=$315.00
Water Soluble Sulfates $55/test x 2 test(s)=$110.00
Subtotal =$1,960.00
3.
Drafter $75/hr x 10 hours =$750.00
Staff Engineer $110/hr x 8 hours =$880.00
Associate Engineer $170/hr x 5 hours =$850.00
Clerical $70/hr x 2 hours =$140.00
Subtotal =$2,620.00
Total Estimate =$12,850.00
Engineering Analysis/Report Preparation
GEOTECHNICAL INVESTIGATION
FRASER SANITARY CROSSING
FRASER, CO
Subsurface Investigation
Laboratory Testing
• This fee assumes that the project site can be readily accessed by excavation equipment. If difficult access
conditions exist (snow, mud, etc.) an additional fee may apply.
• Our invoiced fee will be based on actual hours worked and lab testing completed.
February 15, 2022
Folder: 03312-26
ADAM CWIKLIN
TOWN OF FRASER
153 FRASER AVE BOX 370
FRASER, CO 80442
Re: Proposed One (1) Underground Twelve Inch (12”) Plastic Sanitary Sewer Pipe Encased In A
Forty-eight Inch (48”) Steel Pipeline Crossing of Railroad Property at Mile Post 62.28 on the
Moffat Tunnel Subdivision at or near Fraser, Grand County, Colorado
Attached is an original of the agreement covering your use of the Railroad Company’s right of
way. Please return the executed agreement via email. For any payment(s), please follow the
accompanying instructions.
An original copy of the fully-executed document will be returned to you, when approved and
processed by the Railroad Company.
• Payment in the amount of Nine Thousand Four Hundred Dollars ($9,400.00) is due and
payable to Union Pacific Railroad Company upon your execution of the agreement. Please
include your payment, with Folder No. 03312-26 noted on that document. If you require
formal billing, you may consider this letter as a formal bill and that 94-6001323 is this
Corporation’s correct Federal Taxpayer Identification Number.
• Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company
which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA,
to make available RPLI to you or your contractor. You can find additional information, premium
quotes, and application forms at (uprr.marsh.com).
If we have not received the executed documents within six months from the date of this letter, this
proposed offer of an agreement is withdrawn and becomes null and void.
If you have any questions, please contact me at dcpeters02@up.com.
Sincerely,
Daniel Peters
Senior Manager
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340
Pipeline Crossing 080808 Folder No. 03312-26
Last Modified: 06/05/18
Form Approved, AVP-Law
PIPELINE CROSSING
AGREEMENT
Mile Post: 62.28, Moffat Tunnel Subdivision
Location: Fraser, Grand County, Colorado
THIS AGREEMENT (“Agreement”) is made and entered into as of February 10, 2022,
(“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware
corporation, (“Licensor”) and TOWN OF FRASER, to be addressed at 153 Fraser Ave Box 370, Box
370Fraser, Colorado 80442 (“Licensee”).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article 1. LICENSOR GRANTS RIGHT.
A. In consideration of the license fee to be paid by Licensee set forth below and in further
consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to
Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1)
underground twelve inch (12”) plastic sanitary sewer pipe encased in a forty-eight inch (48”) steel
pipeline crossing only, including any appurtenances required for the operation of said pipeline
(collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located
in Fraser, Grand County, State of Colorado ("Railroad Property"). The specific specifications and limited
purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and
shown on the Print and Specifications dated January 21, 2022, attached hereto as Exhibit A and made a
part hereof.
B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one
(1) underground twelve inch (12”) plastic sanitary sewer pipe encased in a forty-eight inch (48”) steel
pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any
other use, whether such use is currently technologically possible, or whether such use may come into
existence during the life of this Agreement.
C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery
depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital
Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it
has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
Article 2. LICENSE FEE.
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee
of Nine Thousand Four Hundred Dollars ($9,400.00).
Article 3. TERM.
This Agreement shall take effect as of the Effective Date first herein written and shall continue in
full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S
FACILITIES" Section of Exhibit B.
Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.
Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or
its contractors will strictly comply with all terms and conditions set forth herein, including the General
Terms and Conditions, attached hereto as Exhibit B and made a part hereof.
Article 5. INSURANCE.
A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully
comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof.
Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates,
endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.
B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to
obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.
Article 6. DEFINITION OF LICENSEE.
For purposes of this Agreement, all references in this Agreement to Licensee will include
Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their
authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on
Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair
work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its
Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification
requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor
to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as
Licensee is required to release, defend, and indemnify Licensor herein.
Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS.
If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or
Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without
limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or
proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is
rendered. The provisions of this Article shall survive the termination of this Agreement.
Article 8. WAIVER OF BREACH.
The waiver by Licensor of the breach of any condition, covenant or agreement herein contained
to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself
of any remedy for any subsequent breach thereof.
Article 9. ASSIGNMENT.
A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein gra nted,
without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment
or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by
operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result
in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF
LICENSEE'S FACILITIES" Section of Exhibit B.
B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and
inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators.
Article 10. SEVERABILITY.
Any provision of this Agreement which is determined by a court of competent jurisdiction to be
invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which
shall not invalidate or otherwise render ineffective any other provision of this Agreement.
Article 11. NOTICES.
Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices
required by this Agreement must be in writing, and (i) personally served upon the business address listed
below ("Notice Address"), (ii) sent overnight via express delivery by a nationally rec ognized overnight
delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or
(iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices
will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days
after deposit with the United States Postal Service.
If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Folder No. 03312-26)
1400 Douglas Street, MS 1690
Omaha, Nebraska 68179
If to Licensee: TOWN OF FRASER
153 Fraser Ave Box 370
Fraser, Colorado 80442
Article 12. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.
Licensor requires Licensee to provide monitoring of tracks and construction observation through
Licensor approved observer named below during all construction and installation work. Licensee is to
directly coordinate services with the named inspector:
Railpros Field Services
Email: RP.Utility@railpros.com
Phone (682)223-5271
Article 13. SPECIAL PROVISION – ABANDONMENT
The abandonment of the existing pipeline shall be completed following the Guidelines for
Abandonment and Removal of Subsurface Structures on Union Pacific Railroad Right of Way, marked as
Exhibit D, attached hereto and hereby made a part hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY TOWN OF FRASER
By: __________________________________
By: __________________________________
Daniel Peters
Senior Manager
Name Printed: __________________________
Title: _________________________________
X
75
114.21
41.92 55.2917
2
NA
NA
NA
11.38
6
NOTES:
1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK
2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1
BORED AND JACKED
SIGNS WILL NOT BE PROVIDED
PLASTIC NA
SANITARY SEWER
0 0
20 12
NO
STEEL PIPE NA
121.38
0.625 48
YES
SEALED
35 65
MAINLINE TRACK
39.9476767
-105.817552
FRASER GRAND CO
0331226 01/21/2022
TOWN OF FRASER
NON-FLAMMABLE LIQUID
PIPELINE
Pipeline Crossing 06/05/18
Form Approved, AVP Law
EXHIBIT B
GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
A. The foregoing grant is subject and subordinate to the prior and continuing right and
obligation of Licensor to use and maintain its entire property including the right and power of Licensor to
construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal,
communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or
all parts of its property, all or any of which may be freely done at any time or times by Licensor without
liability to Licensee or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (including those in
favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the
same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation
to obtain such additional permission, license and grants necessary on account of any such existing rights.
Section 2. ENGINEERING REQUIREMENTS; PERMITS.
A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired,
renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or
its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering
standards and specifications, including those for shoring and cribbing to protect Licensor's railroad
operations and facilities ("UP Specifications"), except for variances approved in advance in writing by
Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP
Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion,
elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way
Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii)
all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and
Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is
any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will
apply.
B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and
maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.
C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all
necessary permits required to perform any work on Licensee's Facilities.
Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.
A. Licensee and its contractors are strictly prohibited from commencing any work associated
with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance
with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's
approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field
Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.
B. Licensee shall not commence any work until: (1) Licensor has determined whether
flagging or other special protective or safety measures ("Safety Measures") are required for performance
of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written
authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER
OPTIC CABLE SYSTEMS" Section of this Exhibit B.
C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its
contractor shall immediately contact Licensor's Response Management Communications Center at (888)
877-7267.
Section 4. FLAGGING.
A. Following Licensee's notice to Licensor's Field Representatives required under the
"NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor
shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its
contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed
by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and
scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to
commence work.
B. If any Safety Measures are performed or provided by Licensor, including but not limited
to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a
federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the
federal, state, or local governmental entity. Additional information regarding the submission of such
expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT
OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees
that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement.
C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in
effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in
accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition
to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental
sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees
Liability and Property Damage, and Administration will be included, computed on actual payroll. The
composite charge will be the prevailing composite charge in effect at the time the work is performed. One
and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-
half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by
agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a
ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If
the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall
pay on the basis of the new rates and charges.
D. Reimbursement to Licensor will be required covering the full eight-hour day during
which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion
of such day, in which event reimbursement will not be required for the portion of the day during which
the flagger is engaged in other railroad work. Reimbursement will also be required for any day not
actually worked by the flaggers following the flaggers' assignment to work on the proje ct for which
Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by
assignment of such flaggers to other work, even though Licensee may not be working during such time.
When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in
compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of
five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of ce ssation is
not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled,
even though flagging is no longer required for that period. An additional ten (10) days notice must then be
given to Licensor if flagging services are needed again after such five day cessation notice has been given
to Licensor.
Section 5. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance
in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes
precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee
shall be responsible for initiating, maintaining and supervising all safety operations and program s in
connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum
comply, with Licensor's then current safety standards located at the below web address ("Licensor's
Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces. As
a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of
Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall
furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad
Property.
Union Pacific Current Safety Requirements
B. Licensee shall keep the job site on Railroad Property free from safety and health hazards
and ensure that their employees are competent and adequately trained in all safety and health aspects of
the work.
C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside
of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and
uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered
to be done by Licensee at any time that would in any manner impair the safety thereof.
D. Licensor's operations and work performed by Licensor’s personnel may cause delays in
Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that
Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee
must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field
Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK;
EMERGENCIES" Section of this Exhibit B.
E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for
the safety of Licensor's operations and trackage during Licensee's or its contractor's construction,
maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities.
In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay
Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B.
F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities
only upon the prior authorization from and under the direction of Licensor's Field Representatives.
Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's
then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including
any applicable Federal Aviation Administration regulations and enactments pertaining to UAS.
Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable
systems is of extreme importance since any break could disrupt service to users resulting in business
interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE
OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit
up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried
anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the
telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for
relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence
any work on Railroad Property until all such protection or relocation has been completed.
Section 7. LICENSEE'S PAYMENT OF EXPENSES.
A. Licensee shall bear the entire cost and expense of the design, construction, maintenance,
modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.
B. Licensee shall fully pay for all materials joined, affixed to and labor performed on
Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair,
renewal, revision, relocation, or removal of Licensee's Facilities, and shall not p ermit or suffer any
mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work
done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall
promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of
Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor,
and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be
increased because of the location, construction, or maintenance of Licensee's Facilities or any
improvement, appliance, or fixture connected therewith placed upon such property, or on account of
Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed
to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to
Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon
property of Licensor as compared with the entire value of such property.
C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right,
if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's
operations and trackage during Licensee's or its contractor's construction, maintenance, modification,
reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not
limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety
Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the
"NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such
invoice within thirty (30) days of Licensee's receipt of such invoice.
Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.
A. This grant is subject to Licensor's safe and efficient operation of its railroad, and
continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly,
Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove
(individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities
as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.
B. Upon any Modification of all or any portion of Licensee's Facilities to another location
on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline
Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the
Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will
terminate upon Licensee's completion of such Modification(s) and all requirements contained within the
"TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B. Any such
Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of
Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.
Section 9. RESTORATION OF RAILROAD PROPERTY.
In the event Licensee, in any manner moves or disturbs any property of Licensor in connection
with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or
removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost and
expense, restore Licensor’s property to the same condition as the same were before such property was
moved or disturbed.
Section 10. INDEMNITY.
A. Definitions. As used in this Section:
1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents
and employees, and other railroad companies using Railroad Property at or near
the location of Licensee’s installation and their officers, directors, agents, and
employees.
2. "Licensee" includes Licensee and its agents, contractors, subcontractors, sub-
subcontractors, employees, officers, and directors, or any other person or entity
acting on its behalf or under its control.
3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages,
statutory damages, and exemplary damages), costs, charges, assessments,
judgments, settlements, liens, demands, actions, causes of action, fines, penalties,
interest, and expenses of any nature, including court costs, reasonable attorneys’
fees and expenses, investigation costs, and appeal expenses.
B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against
any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is
related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision,
relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any
actual or alleged:
1. Bodily harm or personal injury (including any emotional injury or disease) to, or the
death of, any person(s), including, but not limited to, Licensee, Licensor, any
telecommunications company, or the agents, contractors, subcontractors, sub-
subcontractors, or employees of the foregoing;
2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property,
including loss of use and diminution in value, including, but not limited to, any
telecommunications system(s) or fiber optic cable(s) on or near Railroad
Property, any property of Licensee or Licensor, or any property in the care,
custody, or control of Licensee or Licensor;
3. Removal of person(s) from Railroad Property;
4. Any delays or interference with track or Railroad’s Use caused by Licensee's
activity(ies) on Railroad Property, including without limitation the construction,
maintenance, modification, reconstruction, repair, renewal, revision, relocation,
or removal of Licensee's Facilities or any part thereof, any activities, labor,
materials, equipment, or machinery in conjunction therewith;
5. Right(s) or interest(s) granted pursuant to this Agreement;
6. Contents escaping from Licensee's Facilities, including without limitation any actual
or alleged pollution, contamination, breach, or environmental Loss;
7. Licensee’s breach of this Agreement or failure to comply with its provisions,
including, but not limited to, any violation or breach by Licensee of any
representations and warranties Licensee has made in this Agreement; and
8. Violation by Licensee of any law, statute, ordinance, governmental administrative
order, rule, or regulation, including without limitation all applicable Federal
Railroad Administration regulations.
C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING
FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF
LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR
PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT. NOTWITHSTANDING
THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR SHALL NOT APPLY TO THE
EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND DIRECT NEGLIGENCE, GROSS
NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL
JUDGMENT BY A COURT OF COMPETENT JURISDICTION.
Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.
A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year,
or if Licensee continues in default in the performance of any provision of this Agreement for a period of
thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at
its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the
"NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with
Paragraphs "C" and "D" of this Section found below.
B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated
by written notice given by either party, without cause, upon thirty (30) days written notice to the non-
terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will
not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.
C. Prior to the effective date of any termination described in this Section, Licensee shall submit an
application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable,
abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment
Work"). Upon the UP Engineering Representative's approval of Licensee's application for the
Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will
govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad
Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the
impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's
installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the
Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the
"Restoration Work".
D. Following Licensee's completion of the Restoration Work, Licensee shall provide a
written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement
which certifies that the Restoration Work has been completed in accordance with the Consent Document.
Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if
any environmental contamination is discovered during Licensee's performance of the Restoration Work.
Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are
necessary to restore the property to its original, uncontaminated condition. Licensee shall provide written
certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that
environmental contamination has been remediated and the property has been restored in accordance with
Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this
Agreement will terminate.
E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may,
but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will
be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work,
Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this
Exhibit B) arising out of or related to Licensor's performance of the Restoration Work.
F. Termination of this Agreement for any reason will not affect any of rights or obligations
of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of
this Exhibit B), accrued or otherwise, which may have arisen prior to such termination.
EXHIBIT C
INSURANCE REQUIREMENTS
In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole
cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense,
the following insurance coverage:
A. Commercial General Liability Insurance. Commercial general liability (CGL) with
a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.
CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing
equivalent coverage).
The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE
CERTIFICATE OF INSURANCE:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing
equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job
Site.
B. Business Automobile Coverage Insurance. Business auto coverage written on
ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not
less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including
owned, hired, and non-owned autos).
The policy must contain the following endorsements, WHICH MUST BE STATED ON THE
CERTIFICATE OF INSURANCE:
• "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a
substitute form providing equivalent coverage) showing "Union Pacific Railroad Company
Property" as the Designated Job Site.
C. Workers' Compensation and Employers' Liability Insurance. Coverage must include
but not be limited to:
• Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this
Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease
policy limit $500,000 each employee.
If Licensee is self-insured, evidence of state approval and excess workers' compensation coverage
must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor
Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL)
applicable to bodily injury, property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, cleanup costs, and defense, i ncluding costs and
expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in
connection with any loss arising from the insured’s performance under this Agreement. Except with
respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured,
this insurance must apply as if each named insured were the only named insured; and separately to the
additional insured against which claim is made or suit is brought. Covera ge shall be maintained in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.
Licensee warrants that any retroactive date applicable to ELL insurance coverage under the
policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage will
be maintained for a period of five (5) years beginning from the time the work under this Agreement is
completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will
be exercised for the maximum time allowed.
E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of
work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a
substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit
of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB
LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall
describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing,
Licensee does not need Railroad Protective Liability Insurance after its initial construction work is
complete and all excess materials have been removed from Licensor's property; PROVIDED, however,
that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification,
reconstruction, or removal work on Licensee's Facilities.
F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and
these policies must "follow form" and afford no less coverage than the primary policy.
Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensat ion and
employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured
Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to
Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions
of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR WILL BE
PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF
LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the
certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive
damages that may arise under this Agreement, or (b) all punitive d amages are prohibited by all states in
which this Agreement will be performed.
I. Licensee waives all rights of recovery, and its insurers also waive all rights of
subrogation of damages against Licensor and its agents, officers, directors and employees for damages
covered by the workers' compensation and employers' liability or commercial umbrella or excess liability
obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on
the certificate of insurance.
J. All insurance policies must be written by a reputable insurance company acceptable to
Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to
do business in the state(s) in which the work is to be performed.
K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish
the liability of Licensee, including, without limitation, liability under the indemnity provisions of this
Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the
amount of the required insurance coverage.
Union Pacific Railroad
GUIDELINES FOR ABANDONMENT
OF SUBSURFACE UTILITY STRUCTURES
CALL BEFORE YOU DIG
1-800-336-9193
Exhibit D
UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES
AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 1
Contents
1. Introduction ......................................................................................................................... 2
A. Purpose ....................................................................................................................... 2
2. Abandonment Procedures .................................................................................................. 2
A. Hazardous material testing & notification ..................................................................... 2
B. Removal ...................................................................................................................... 2
C. Abandon in-place ......................................................................................................... 3
3. Excavation Requirements ................................................................................................... 3
A. Shoring Design ............................................................................................................ 3
B. Track and Ground Monitoring ...................................................................................... 3
C. Excavation Safety ........................................................................................................ 3
4. Glossary ............................................................................................................................. 4
UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES
AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 2
1. Introduction
A. Purpose
1. The purpose of these Guidelines is to inform 3rd party Applicants, Contractors and others outside
of the Railroad of the requirements and standards for the abandonment of subsurface utility
structures such as pipelines and other similar structures.
2. This document governs at all locations where the Railroad operates, regardless of track
ownership or track status, either active or out of service.
2. Abandonment Procedures
A. Hazardous material testing & notification
1. Prior to either removal or abandon in-place of existing Facilities, testing for ACM, PACM, LBP
and PCBs shall be completed and the results reported to the Railroad.
i. ACM or PACM – Asbestos Containing Materials or Presumed Asbestos Containing
Materials
ii. LBP – Lead Based Paint
iii. PCBs – PolyChlorinated Biphenyls
2. Testing results shall be emailed to asbestosawareness@up.com (file size limit / email is 10mb)
with one of the following subject lines:
i. Reporting – Test Results
ii. Action Required – Priority Project
iii. Action Required – Request for Information/Question
3. The Railroad may require removal or consider abandon in-place of the existing Facilities upon
review of the testing results.
B. Removal
1. At the time of abandonment, Facilities within Zone B shall be removed and at the cost of the
owner. See Figure 2-1 for Zone identification.
2. Regarding Figure 2-1 the following additional Zone requirements apply.
i. Zone A –
a. Designed shoring systems are required per Section 3A.
b. Track & ground monitoring is required per Section 3B.
ii. Zone B – Sloped or stepped excavations are acceptable.
Figure 2-1
UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES
AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 3
C. Abandon in-place
1. The Facility shall be filled with CLSM (Controlled Low-Strength Material). This process is
designed to help avoid future subsidence as the line deteriorates after abandonment. The use
of low strength CLSM also allows the future removal of CLSM at a later date if deemed
necessary.
2. CLSM Design
i. The CLSM material shall have an unconfined compressive strength 300psi. This provides
strength while allowing future removal if necessary.
ii. The mixture shall consist of water, Portland cement, fly ash, and sound fine or coarse
aggregate or both.
iii. The mix design shall allow adequate flowability without segregation of aggregates.
iv. Hardening time is of prime importance and CLSM should develop 50psi in about one hour.
v. The maximum layer of thickness for CLSM shall be 3 feet.
vi. Additional layers shall not be placed until the CLSM has lost sufficient moisture.
vii. For pipelines or structures with a depth greater than 3 feet, CLSM shall be placed in lifts.
viii. Contractor should verify no voids will be present after filling the structure.
ix. Access to fill pipelines shall be from off the UPRR right -of-way if possible. If excavation is
required for the fill procedure, excavations shall m eet requirements in Section 3.
3. Excavation Requirements
A. Shoring Design
1. For temporary earth retention design requirements on the Right-of-Way, see the Railroad
Guidelines for Temporary Shoring. http://www.up.com/real_estate/roadxing/industry/index.htm
B. Track and Ground Monitoring
1. See the Railroad Guidelines for Track & Ground Monitoring.
https://www.up.com/real_estate/index.htm
C. Excavation Safety
1. Guardrails
i. Guardrails shall be provided to surround unattended excavations on Railroad Right-of-Way
per OSHA Standard Number 1926.502 as follows:
a. The guardrail height shall be at least 42 inches above the walking surface.
b. The smallest dimension for openings in the guardrail shall be no greater than 19
inches.
c. Guardrail systems shall be capable of withstanding, without failure, a force of at
least 200 pounds applied within 2 inches of the top edge, in any outwa rd or
downward direction, at any point along the top edge of the guardrail.
UPRR GUIDELINES FOR ABANDONMENT OF SUBSURFACE UTILITY STRUCTURES
AUTHORED BY: RICK FRIESEN, STRUCTURES DESIGN. DATE: APRIL, 2021 4
4. Glossary
Applicant: Any party proposing to install a new, and/or abandon existing, pipelines or Wirelines on
Railroad right-of-way or other Railroad operating location, regardless of track being active or out of
service. This includes any contractor, employee or consultant hired by said party.
Call Before You Dig: A Union Pacific Railroad 24-hr by 7-day communication center to assist in
protecting, documenting and notifying callers of other utilities installed within the Railroad right -of-way.
1-800-336-9193
Crossing: Refers to a Utility which is crossing the Railroad track(s).
Carrier Pipe: Pipe used to transport the product.
Casing Pipe: Pipe through which the carrier pipe is installed.
Cover: Distance from either the base of rail or finished grade to the top of Pipeline or Wireline.
Encroachment: Utilities on Railroad right-of-way which are generally oriented parallel with Railroad
right-of-way and/or track.
Centerline of Track: An imaginary line, that runs down the center of the two rails of a track.
Construction Documents: Design plans and calculations, project and/or standard specifications,
geotechnical report and drainage report.
Construction Window: A timeframe in which construction or maintenance can be performed by the
Contractor with the required presence of a Flagman.
Contractor: The individual, partnership, corporation or joint venture and all principals and
representatives (including Applicant’s subcontractors) with whom the contract is made by the Applicant
for the construction of the Grade Separation Project.
Facility: Refers to the Applicant’s pipeline, wireline, poles, manholes, handholes, splice boxes, storage
tanks and other such structures which exist as part of the Applicant’s infrastructure.
Flagman (Flagging): A qualified employee of the Railroad providing protection to and from Railroad
operations per Railroad requirements.
Guidelines: Information contained in this document.
Industry Track: A secondary track designed to allow access to industries along the main track.
Main Track: A principle track, designated by Timetable or special instructions, upon which train
movements are generally authorized and controlled by the train dispatcher. Main Track must not be
occupied without proper authority.
Railroad Load: Cooper E-80 loading.
Railroad: Refers to Union Pacific Railroad.
Railroad Manager of Track Maintenance (MTM): Railroad representative responsible for maintenance
of the track and supporting subgrade.
Right-of-Entry Agreement: An agreement between the Railroad and an Applicant or a Contractor
allowing access to Railroad property.
Right-of-Way: The private property limits owned by the Railroad.
Tracks: The rails, ties and ballast and roadbed that compose the traveling surface used by trains.
Utility: Refers to a pipeline or wireline.
Wireline: Refers to electric power and communication utility systems including, but not limited to, all
associated conductors, cables, support structures, and equipment.
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COUNTY RD 50
COUNTY RD 50
ARENA RD
ST LOUIS CRK RD
COUNTY RD 5
COUNTY RD 721
C H U R C H P A R K R D
I¢
¯
Proposed ROWFraser ValleyParkway
0 1,000500
Feet
Railroad
Parcels
Proposed ROWFraser Valley Pkwy
Highways
SCALE IN MILES
0 0.25 0.5
I Miles
1
GCR 522
FRASER VALLEY PARKWAY
Grand County G.I.S.
GRAND COUNTY GOVERNMENT
08 Byers Ave. P0. Box..
Hot Sulphur Springs. CO 80451
Phone(970)725-3347 Fax (970)725-3303
COUNTY MAP
Mappedwilled, and published by the Grand
County GecouphIc Information System
(OASIS) Dept . Complied from U.S. West
Landbase Data digitized from 0e Grand
County Assessor Parcel Base MapM199)).
Map Etllted 2005
PROJECTION:
Uncrersal Traverse Mercator System
Zone 13N
1983 North American Datum (NAD83)UniR of Meters
DISCLAIMER.
This itis Mr illustrative purposes only, and
is not suitable for parcel specific decision
making UNDER NO CIRCUMSTANCES SHALL GCGIS
DATA BE USED FOR FINAL DESIGN PURPOSES. More
sltexspecific studies maybe required to make
damsons and draw accurate conclusions
This product has been developed for County use only
The GIS database nd data in the products are subject
constantto hanged Its accuracy and completeness
cannot be guaranteed. GCGIS makes no warranties or
guarantees. elMer expressed or Implied, as to
racy, completeness, or sucbbproducts
nor ccepls any habit y arising from any ofincomplete or misleading information contain. therein
by the County of Grand, Colorado U.S.A.
motion contained herein la for personal use
The
g Any redistribution of this information Is
WWI), prohibited without Permission by the County of
Page | 2 For Official Use Only: Disclosure of site locations prohibited (43 CFR 7.18)
Privileged Information—Do Not Release
Figure 2. Detail map of Wetlands Sites 3, 4, and 7, showing inventory areas; wetlands
delineation, mitigation, and enhancement areas; and the proposed road disturbance corridor
INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE
[_______________________] REGIONAL HOUSING AUTHORITY
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of the Effective
Date defined below by and among the TOWN OF WINTER PARK, whose address is
[________________________________] (“Winter Park ”); the TOWN OF FRASER, whose
address is [_____________________________];the TOWN OF GRANBY, whose address is
[_____________________________] (“Granby”); and GRAND COUNTY, COLORADO,
whose address is [_____________________________] (“Grand County”) (collectively, the
“Parties”).
RECITALS
A. Winter Park, Fraser, Granby and Grand County have all experienced rapid growth
over the last decade and, consequently, the demand for affordable housing has grown to exceed
the available supply;
B. The majority of counties and many cities within Colorado have addressed such
housing issues through the creation of housing authorities, whose purpose it is to effect the
planning, financing, acquisition, construction, reconstruction or repair, maintenance, management,
and operation of housing projects or programs pursuant to a multijurisdictional plan;
C. The provisions of Section 18 of Article XIV of the Colorado Constitution and
C.R.S. § 29-1-203, allow Colorado local governments to cooperate or contract with one another to
provide any function, service or facility lawfully authorized to each local government.
D. The provisions of C.R.S. § 29-1-204.5 allow Colorado local governments to
contract with each other to establish a separate governmental entity to be known as a
multijurisdictional housing authority.
E. A multijurisdictional housing authority established pursuant to C.R.S. § 29-1-204.5
may be used by the contracting local governments to effect the planning, financing, acquisition,
construction, reconstruction or repair, maintenance, management, and operation of housing
projects or programs pursuant to a multijurisdictional plan to provide: (a) dwelling
accommodations at rental prices or purchase prices within the means of families of low or
moderate income; and (b) affordable housing projects or programs for employees of employers
located within the jurisdiction of the authority.
F. Winter Park, Fraser, Granby and Grand County recognize the benefits and
advantages obtained by working together to establish and create a multijurisdictional housing
authority to provide affordable housing projects or programs for local low or moderate income
families and for employees of local employers, and therefore desire to participate with one another
in the establishment of a multijurisdictional housing authority serving the interests of residents of
Winter Park, Fraser, Granby and Grand County.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and
obligations herein set forth, the parties hereby mutually agree as follows:
2
ARTICLE I.
ESTABLISHMENT OF AUTHORITY
Section 1.1 Establishment and Name of Authority. The parties hereby establish a
multijurisdictional housing authority to be known as the [“___________________ Regional
Housing Authority”] (the “Authority”).
Section 1.2 Purpose. The purpose of the Authority shall be to effect the planning,
financing, acquisition, construction, reconstruction or repair, maintenance, management, and
operation of housing projects or programs in Winter Park, Fraser, Granby and Grand County, to
provide: (a) dwelling accommodations at rental prices or purchase prices within the means of
families of low or moderate income; (b) affordable housing projects or programs for employees of
employers located within the jurisdiction of the Authority; (c) senior housing facilities:
(d) administer housing voucher program funded through the U.S. Department of Housing and
Urban Development or other similar programs; and (e) mixed income or mixed use properties that
facilitate either of the purposes set forth in Section 1.2(a) or (b).
Section 1.3 Functions or Services.1 The functions and services of the Authority include
but are not necessarily limited to the following:
a. Provide, leadership, advocacy, public affairs and advice on housing policy
a.b. Advise local governments of the practical applications of local housing policy and
infrastructure needs;
b.c. Review development proposals and participate as appropriate;
c.d. Facilitate partnerships to create housing;
d.e. Allocate funds for eligible housing projects;
e.f. Facilitate the establishment of a housing land trust;
f.g. Identify and facilitate the acquisition of vacant land that may be developed for
affordable housing;
g.h. Identify financing opportunities;
h.i. Propose ballot initiatives;
i.j. Acquire existing housing or other real estate to assure retention of or conversion to
affordable housing stock;
j.k. Acquire land and obtain development approvals. Issue requests for proposals for
private sectors and non-profit entities to build;
3
k.l. Develop new for-sale or rental affordable housing;
l.m. Rehabilitate existing housing;
m.n. Manage affordable housing properties;
n.o. Administer housing voucher program; and
p. Construct Infrastructure to serve affordable housing.
o.q. Issue tax-exempt bonds for affordable housing
Section 1.4 Boundaries. The boundaries of the Authority shall be coterminous with the
boundaries of the separate governmental entities that comprise the Authority, unless said
boundaries are modified by the Authority.
Section 1.5 Separate Entity. The Authority shall be a political subdivision of the state,
a governmental authority separate and apart from the parties, and shall be a validly created and
existing political subdivision and public corporation of the state, irrespective of whether a party to
this Agreement terminates its participation (whether voluntarily, by operation of law, or otherwise)
in the Authority subsequent to its creation under circumstances not resulting in the rescission or
termination of this Agreement establishing the Authority. It shall have the duties and the privileges,
immunities, rights, liabilities and disabilities of a public body politic and corporate. The Authority
may deposit and invest its moneys in the manner provided in this Agreement. The bonds, notes
and other obligations of the Authority shall not be the debts, liabilities or obligations of the parties.
Further, the parties to this Agreement do not waive or limit their right or ability to pursue their
own individual affordable housing projects separate and apart from the Authority.
Section 1.6 Term. The term of the Authority shall be continuous until terminated or
rescinded in the manner set forth in Section 6.1.
ARTICLE II.
POWERS
Section 2.1 Powers of Authority. The Authority shall have the following general
powers:
a. To plan, finance, acquire, construct, reconstruct or repair, maintain, manage, and
operate housing projects and programs pursuant to a multijurisdictional or individual jurisdiction
plan within the means of families of low or moderate income;
b. To plan, finance, acquire, construct, reconstruct or repair, maintain, manage, and
operate affordable housing projects or programs for employees of employers located within the
boundaries of the Authority;
c. To make and enter into contracts with any person, including, without limitation,
contracts with state or federal agencies, private enterprises, and nonprofit organizations also
Formatted: Highlight
Commented [AJ1]: Note: Will need to add legal
description of boundaries
Formatted: Highlight
4
involved in providing such housing projects or programs or the financing for such housing projects
or programs, irrespective of whether such agencies are parties to this Agreement;
d. To employ agents and employees and to set the salaries of same;
e. To cooperate with state and federal governments in all respects concerning the
financing of such housing projects and programs;
f. To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any real or
personal property, commodity, or service;
g. Only with the express prior written permission of the local government within
which the subject property is located, to condemn property for public use, if such property is not
owned by any governmental entity or any public utility and devoted to public use pursuant to state
authority; provided, that the Authority has obtained the prior written consent of the party or parties
having jurisdiction over the property to be condemned;
h. To levy, in all of the area within the boundaries of the Authority, a sales or use tax,
or both, upon every transaction or other incident with respect to which a sales or use tax is levied
by the state, as more fully described in Section 4.2 and Section 4.3 of this Agreement;
i. To levy, in all of the area within the boundaries of the Authority, an ad valorem tax,
as more fully described in Section 4.2 and Section 4.4 of this Agreement;
j. To establish, and from time to time increase or decrease, a development impact fee
and collect such fee from persons who own property located within the boundaries of the Authority
who apply for approval for new residential, commercial, or industrial construction in accordance
with applicable ordinances and Section 4.2 of this Agreement;
k. To carry out resolutions, or regulations of any county or municipality within the
boundaries of the Authority;
l. To incur debts, liabilities, or obligations;
m. To sue and be sued in its own name;
n. To have and use a corporate seal;
o. To fix, maintain, and revise fees, rents, security deposits, and charges for functions,
services, or facilities provided by the Authority;
p. To adopt, by resolution, bylaws or regulations respecting the exercise of its powers
and the carrying out of its purposes;
q. To exercise any other powers that are essential to the provision of functions,
services, or facilities by the Authority and that are specified in this Agreement;
5
r. To do and perform any acts and things authorized by C.R.S. § 29-1-204.5, as it may
be amended from time to time, and by any other applicable law, under, through, or by means of an
agent or by contracts with any person, firm, or corporation;
s. To establish enterprises for the ownership, planning, financing, acquisition,
construction, reconstruction or repair, maintenance, management, or operation, or any combination
of the foregoing, of housing projects or programs authorized by C.R.S. § 29-1-204.5, as it may be
amended from time to time, and by any other applicable law;
t. To propose a referred measure to the electorate providing that the Authority is
authorized to collect and spend or reserve all revenues of the Authority from existing property and
sales or use taxes, non-federal grants and other revenue sources in any given year or in perpetuity
to fulfill any of the prescribed purposes of the Authority, notwithstanding any limitation set forth
in Article X, Section 20 of the Colorado Constitution;
u. To issue revenue or general obligation bonds according to applicable law, as the
term bond is defined in section 43-4-602 (3), C.R.S., and may pledge its revenues and revenue-
raising powers for the payment of such bonds;
v. To issue conduit revenue bonds and enter into financing agreements, as defined in
C.R.S. 29-3-103, with others for the purpose of providing revenues to pay the bonds issued to
provide residential facilities for low- and middle income families or persons intended for use as
the sole place of residence by the owners or intended occupants (“Project”); to lease, sell, or
otherwise dispose of any or all of its Projects to others for such revenues and upon such terms and
conditions as the Authority may deem advisable; and to grant options to renew any lease or other
agreement with respect to a Project and to grant options to buy any Project at such price as the
Authority deems desirable; and
w. To act as an issuing authority, as defined 24-32-1703, C.R.S., for the purpose of
being an assignee of private activity bond volume cap allocation under the Private Activity Bond
Ceiling Allocation Act, 24-32-1701, et seq., C.R.S., and take all such actions as are necessary in
connection with the management and preservation of any private activity bond volume cap
allocations assigned to the Authority, including the execution of any Internal Revenue Service
(“IRS”) form.
ARTICLE III.
ADMINISTRATIVE PROVISIONS
Section 3.1 Board of Directors. The Authority shall be governed by a Board of
Directors, in which all legislative power of the Authority shall be vested.
a. Number and Qualification of Directors. Each of the parties shall appoint [one two]
members to the Board, who may at least one of whom shall be an elected official of the appointing
party, or other designated representative. [The Board of Directors so appointed shall select three
6
an additional members at large.] All Directors must be residents of Grand County, Colorado and
shall have reached the age of 18 years on the effective date of their appointment.2
b. Term of Office. Each Director appointed by the parties who is an elected official
shall serve a four year term expiring on January 31 following each year of a Presidential General
Election or to the expiration of his or her term in office, whichever occurs first. Each appointed
Director shall serve a two year term commencing on January 31 following each election held on
the first Tuesday in November in each odd numbered year. [Alternative term language example:
Directors shall serve for a maximum of three, two-year terms]
c. Vacancies. Vacancies other than by reason of expiration of terms shall be filled by
the original appointing entity for the unexpired term.
d. Resignation or Removal. Any Director may resign at any time, effective upon
receipt by the Secretary or the President of written notice signed by the person who is resigning.
Directors serve at the pleasure of their appointing entity. The appointing entities may terminate the
appointment of their appointees at will at any time without cause. Furthermore, unless excused by
the Board, if a director fails to attend three regular meetings of the Board in any twelve-month
period, or otherwise fails to perform any of the duties devolving upon him or her as a director, he
or she may be removed by the Board and the appointing entity shall fill such vacancy within sixty
(60) days after such removal. Consideration of removal of a director by the Board shall be at a
regular or special meeting of the Board, reasonable notice of which shall be given to the director
to be removed and the entity which appointed him or her.
e. Compensation of Directors. Directors shall receive no compensation for their
services, but shall be entitled to the necessary expenses, including traveling expenses, incurred in
the discharge of their duties.
f. Action by Board. Each member of the Board shall have one vote on matters brought
before the Board. A majority of the directors shall constitute a quorum and a majority of the
quorum shall be necessary for any action taken by the Board. Notwithstanding the foregoing, or
any other provision herein to the contrary, the following actions shall require the approval of [two
thirds seventy-five percent (75%)] of the full Board of Directors: (i) condemnation of property for
public use; (ii) proposal of ballot initiatives; (iii) the removal of a director under Section 3.1d
herein;(iv) appointing an Executive Director and (viv) termination of the Authority. Meetings of
the Board of Directors shall be open to the public and conducted in accordance with the C.R.S. 24-
72-201 et seq.
g. Duties of Board. The directors shall govern the business and affairs of the
Authority. The directors shall also comply with all provisions of parts 1, 5, and 6 of article 1 of
title 29 of the Colorado Revised Statutes, which provisions relate to the obligations of local
governments with respect to budgets, accounting, and audits, as such provisions may be amended
from time to time.
2 It is recommended to have an odd number of members of the Board of Directors.
Commented [AJ2]: Two parties, drawn at random, will
appoint a director for a two year starting term to offset the
board's terms, four years thereafter
7
Section 3.2 Officers. The officers of the Authority shall be a President, a Vice-
President, a Secretary, and a Treasurer, each of whom shall be elected by the Board of Directors.
Such other officers and assistant officers as may be deemed nec essary may be elected or appointed
by the Board of Directors. Any two or more offices may be held by the same person, except the
offices of President and Secretary.
a. Election and Term of Office. The officers of the Authority shall be elected annually
by the Board. Each officer shall hold office until his/her successor shall have been duly elected
and shall have been qualified or until his or her death or until he or she shall resign or shall have
been removed in the manner hereinafter provided.
b. Resignation or Removal. Any officer may resign from office at any time, effective
upon receipt by the Secretary or the President of written notice signed by the person who is
resigning. Any officer may be removed from office by the Board whenever in the Board’s
judgment the best interests of the Authority will be served thereby.
c. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or otherwise, may be filled by the Board for the unexpired portion of the term.
d. Duties.
(i) President. The President, when present, shall preside at all meetings of the
Board of Directors. He or she may sign, with the Secretary or any other proper officer of the
Authority deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors
has authorized to be executed, except in cases where the signing and execution thereof shall be
expressly delegated by the Board of Directors to some other officer or agent of the Authority, or
shall be required by law to be otherwise signed or executed; and in general shall perform all duties
incident to the office of President and such other duties as may be prescribed by the Board of
Directors from time to time.
(ii) Vice President. In the absence of the President or in the event of his or her
death, inability or refusal to act, the Vice-President shall perform the duties of the President, and
when so acting, shall have all the powers of and be subject to all the restrictions upon the President.
The Vice-President shall perform such other duties as from time to time may be assigned to him
or her by the President or by the Board of Directors.
(iii) Secretary. The Secretary shall: (a) keep the minutes of the proceedings of
the Board of Directors; (b) see that all notices are duly given in accordance with the provisions of
the C.R.S. 24-72-201 et seq. and this Agreement or as otherwise provided by law; (c) sign with
the President; (d) in general perform all duties incident to the office of Secretary and such other
duties as from time to time may be assigned to him or her by the President or by the Board of
Directors.
(iv) Treasurer. The Treasurer shall be the financial officer for the Authority and
shall: (a) coordinate with the department of revenue regarding the collection of sales and use tax
authorized pursuant to paragraph (f.1) of subsection (3) of C.R.S. § 29-1-204.5; (b) have charge
and custody of and be responsible for all funds of the Authority; (c) receive and give receipts for
moneys due and payable to the Authority from any source whatsoever, and deposit all such moneys
8
in the name of the Authority in such banks, trust companies or other depositaries as designated by
the Board of Directors; and (d) in general perform all the duties incident to the office of Treasurer
and such other duties as from time to time may be assigned to him or her by the President or by
the Board of Directors. All checks written from an Authority bank account over $10,000 shall
require the signature of the Treasurer and a single member of the Board of Directors or the
signature of two members of the Board of Directors.
Section 3.3 Executive Director. The Executive Director shall be the chief executive
officer of the Authority, shall supervise the activities of the Authority, shall see that all policies,
directions and orders of the Board are carried out and shall, under the supervision of the Board,
have such other authority, powers and duties as may be prescribed by the Board. The Executive
Director shall be appointed by a majority vote of the Board, shall report to the Board of Directors,
and shall have his or her salary and compensation set by the Board. The Executive Director shall
have the authority to hire additional staff members pursuant to the budget adopted by the Board
and shall also have termination authority over those staff members.
Section 3.4 Committees. The Board of Directors may create such committees as it
deems necessary or appropriate in order to carry out the affairs of the Authority.
Section 3.5 Conflicts of Interest. No member of the Board nor any immediate member
of the family of any such member shall acquire or have any interest, direct or indirect, in (a) any
property or project acquired, held, leased or sold by the Authority; or (b) any entity with whom
the Authority has contracted with to plan, finance, construct, reconstruct, repair, maintain, manage
or operate any property, project or program related to the Authority. If any Board member has such
an interest, whether direct or indirect, he or she shall immediately disclose the same in writing to
the Board of Directors, and such disclosure shall be entered upon the minutes of the Board. Upon
such disclosure, such Board member shall not participate in any action by the Board affecting the
project, property, or contract unless the Board determines that, in light of such personal interest,
the participation of such member in any such act would not be contrary to the public interest.
Section 3.6 Insurance. The Authority shall purchase and maintain at all times an
adequate policy of public entity liability insurance, which insurance shall at the minimum provide
the amount of coverage described in C.R.S. § 24-10-115(1), including errors and omissions
coverage. The Authority may purchase such additional insurance as the Board deems prudent. The
Authority’s employees acting within the scope of their employment shall be indemnified pursuant
to C.R.S. § 24-10-110.
ARTICLE IV.
SOURCES OF REVENUE
Section 4.1 Sources of Revenue. The expected sources of revenue for the Authority may
include, but are not limited to the following:
a. federal, state, local and private grants or donations;
b. property management fees;
c. rents or other lease income;
Commented [AJ3]: While the new board may appoint an
Executive Director, it is not required to do so - the intention
would be to not appoint until after primary revenue source in
place. Until such time the existing working group will
continue to guide work and new board
9
d. interest on interest-bearing accounts;
e. proprietary revenue of the parties in accordance with this Agreement;
f. sales and/or use taxes levied in accordance with this Agreement and other
applicable law;
g. ad valorem taxes levied in accordance with this Agreement and other applicable
law; revenue or general obligation bonds issued in accordance with applicable law.
Section 4.2 Prerequisites for All Tax Levies and Fees. The Authority shall not establish
or increase any tax or development impact fee unless first submitted to a vote of the registered
electors of the Authority in which the tax or development impact fee is proposed to be collected.
The Authority shall not create a multiple-fiscal year debt or other financial obligation that is subject
to section 20 (4) (b) of article X of the Colorado state constitution unless first submitted to a vote
of the registered electors residing within the boundaries of the authority; except that no such vote
is required for obligations of enterprises established under Section 2.1s of this Agreement or for
obligations of any other enterprise under section 20 (4) of article X of the state constitution.
Moreover, prior to and as a condition of levying any tax or fee within the boundaries of the
Authority, the Board of Directors shall adopt a resolution determining that the levying of such
taxes or fees will fairly distribute the costs of the Authority’s activities among the persons and
businesses benefited thereby and will not impose an undue burden on any particular group of
persons or businesses.
b. Notwithstanding the provisions of this Section 4.2, an impact fee may only be
imposed by the Authority if all of the following conditions have been satisfied:
(i) No portion of the authority is located in a county with a population of more
than one hundred thousand;
(ii) The impact fee is not levied upon the development, construction,
permitting, or otherwise in connection with low- or moderate-income housing or affordable
employee housing;
(iii) The rate of the fee is two dollars per square foot or less; and
(iv) The Authority also imposes a sales and use tax pursuant to Section 4.3, an
ad valorem tax pursuant to Section 4.4, or both.
Section 4.3 Sales and Use Taxes. Any sales or use tax imposed or levied by the
Authority on any transactions within the boundaries of the Authority shall not exceed the rate of
one percent. Prior to levying any sales or use tax, the Authority shall designate a financial officer
who shall coordinate with the Colorado Department of Revenue regarding the collection,
administration, and enforcement of any sales and use tax to be levied in the manner established by
C.R.S. § 29-1-204.5, as it may be amended from time to time, and by other applicable law. The
Authority shall apply the proceeds of all sales or use taxes solely towards the purposes, functions,
or services authorized by this Agreement.
10
Section 4.4 Ad Valorem Taxes. The Authority may levy an ad valorem tax on all
properties within the Authority’s boundaries at a rate not to exceed five mills on each dollar of
valuation for assessment of the taxable property within such boundaries. To levy an ad valorem
tax, the Board shall certify to the Grand County Board of County Commissioners the levy of ad
valorem property taxes in accordance with the schedule prescribed by C.R.S. § 39-5-128, as it may
be amended from time to time. Thereafter, Grand County shall levy and collect the ad valorem
taxes in the manner prescribed by law. All taxes levied under this Section 4.4, together with interest
thereon and penalties for default in payment thereof, and all costs of collecting them shall
constitute, until paid, a perpetual lien on and against the property taxed, and such lien shall be on
a parity with the tax lien of other general taxes.
Section 4.5 Approvals Not Required. The Parties hereto agree that, by approval of this
Agreement, the Authority is authorized to establish taxes, development impact fees, sales and use
taxes and ad valorem taxes as provided in Section 4.2, Section 4.3 and Section 4.4 above, to the
extent permitted by applicable law, and without the need to obtain the further consent or approval
of the governing party or parties having jurisdiction over the property on which the taxes or fees
are proposed to be levied or imposed.
Section 4.6 Other Sources of Revenue. The parties shall provide, at a minimum,
funding for the Authority for the first full calendar year, beginning on January 1,_____________,
2023, in the total aggregate amount of $40,000_________________________). The parties
acknowledge that such funding may not be adequate to completely fund the Authority for such
year. Funding from each party shall be subject to annual availability and appropriation by the
governing body of each jurisdiction.3
a. Proportional Shares of Funding. The Parties agree that the responsibility for
funding the obligations set forth in Section 4.6 herein should be shared by the Parties in the
following amounts:
Town of Winter Park $[_____10,000_________]
Town of Fraser $[_____10,000 ________]
Town of Granby $[_____10,000_________]
Grand County $[_____10,000 _ ______]
b. Payment Dates. The parties shall pay their respective sums due to the Authority no
later than January 30th of 2023. In addition to the foregoing, the parties may, from time to time,
pay the Authority with proprietary revenues or other public funds for services rendered or facilities
provided by the Authority, as contributions to defray the cost of any purpose set forth in this
Agreement, and/or as advances for any purpose subject to repayment by the Authority.
ARTICLE V.
AUTHORITY PROPERTY
In the event of termination or dissolution of the Authority, all right, title and interest of the
Authority in General Assets (as hereinafter defined) shall be conveyed to the jurisdictions that are
11
parties to this Agreement at the time of termination, as tenants-in-common subject to any
outstanding liens, mortgages, or other pledges of such General Assets. The interest in the General
Assets of the Authority conveyed to each party shall be that proportion which the total dollar
amount paid or contributed by such jurisdiction to the Authority for all purposes during the life of
the Authority bears to the total dollar amount of all such payments and contributions made to the
Authority by all such jurisdictions during the life of the Authority. The term “General Assets” as
used herein shall include all legal and equitable interests in real or personal property, tangible or
intangible, of the Authority.
ARTICLE VI.
TERMINATION OR ADDITIONAL MEMBERS
Section 6.1 Termination of Authority. This Agreement may be terminated by the
approval of two thirds seventy-five percent (6675%) of the full Board of Directors or when less
than two parties are willing to remain as parties to this Agreement. Upon termination, each party
hereto shall be released from all further liability and obligations hereunder. Notwithstanding the
foregoing, the right of the Board or the parties to terminate this Agreement shall be abrogated if
the Authority has bonds, notes or other obligations outstanding at the time of the proposed
termination unless provision for full payment of the same has been made by escrow or otherwise.
Section 6.2 Termination of Participation. Any party may terminate its participation in
this Agreement as of the end of any calendar year by giving at least 6 months90 days’ written
notice to the other parties provided that such withdrawing party shall pay all of its obligations
hereunder or any effective funding agreement to the effective date of the termination of its
participation.
Section 6.3 Amendment to Provide for Additional Members. This Agreement may be
amended to add one or more additional parties upon: (a) resolution of the Board of Directors
providing for such amendment; and (b) approval of such amendment by the governing body of the
prospective additional party and each then-existing party.
ARTICLE VII.
GENERAL PROVISIONS
Section 7.1 Effective Date. The Effective Date of this Agreement shall be the date of
the last party to sign.
Section 7.2 Entire Agreement. This Agreement embodies the entire agreement about its
subject matter among the parties and supersedes all prior agreements and understandings, if any,
and may be amended or supplemented only by an instrument in writing executed by all parties to
this Agreement.
Section 7.3 No Third Party Beneficiaries. The parties to this Agreement do not intend
to benefit any person not a party to this Agreement. No person or entity, other than the parties to
this Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement.
Section 7.4 Signatory Authority. Each person signing this Agreement in a
representative capacity, expressly represents the signatory has the subject party’s authority to so
12
sign and that the subject party will be bound by the signatory’s execution of this Agreement. Each
party expressly represents that except as to the approval specifically required by this Agreement,
such party does not require any third party’s consent to enter into this Agreement.
Section 7.5 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original and all of which together shall constitute one original
Agreement.
Section 7.6 Severability. If any term or provision of this Agreement shall be adjudicated
to be invalid, illegal or unenforceable, this Agreement shall be deemed amended to delete
therefrom the term or provision thus adjudicated to be invalid, illegal or unenforceable and the
validity of the other terms and provisions of this Agreement shall not be affected thereby.
Section 7.7 Notices. Except as otherwise provided in this Agreement, all notices or
other communications by the Authority or any party hereto, any Board member or officer shall be
in writing; shall be sufficiently given and shall be deemed given when actually received.
Section 7.8 Interpretation. Subject only to the express limitations set forth herein, this
Agreement shall be liberally construed (a) to permit the Authority and the parties to exercise all
powers that may be exercised by a multijurisdictional housing authority pursuant to Colorado law;
(b) permit the parties hereto to exercise all powers that may be exercised by them with respect to
the subject matter of this Agreement and applicable law; and (c) to permit the Board of Directors
to exercise all powers that may be exercised by the board of directors of a multijurisdictional
housing authority pursuant to Colorado law and by the governing body of a separate legal entity
created by contract among the parties pursuant to C.R.S. § 29-1-203.
{Signatures on Following Page}
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last
day and year set forth below.
(Seal)
Approved as to form:
Town Attorney
TOWN OF WINTER PARK, COLORADO
_________________ Mayor
Date: ________________
(Seal)
Approved as to form:
Town Attorney
TOWN OF FRASER, COLORADO
_________________ Mayor
Date: ________________
(Seal)
Approved as to form:
Town Attorney
TOWN OF GRANBY, COLORADO
_________________ Mayor
Date: ________________
(Seal)
Approved as to form:
County Attorney
GRAND COUNTY, COLORADO
_________________ Manager
Date: ________________
Page 1 of 5
BY-LAWS
Of
The [___________] Regional Housing Authority,
A Multijurisdictional Housing Authority
(________________, 2022)
ARTICLE I – THE HOUSING AUTHORITY
Section 1. Establishment. The [______________] Regional Housing Authority, a
Multijurisdictional Housing Authority (hereinafter the “Housing Authority”) was formed as a
political subdivision and public corporation of the State of Colorado by the Town of Winter Park,
the Town of Fraser, the Town of Granby and Grand County, Colorado pursuant to § 29-1-204.5
C.R.S. and upon execution of an Intergovernmental Agreement Establishing the [__________]
Regional Housing Authority (hereinafter the “Intergovernmental Agreement”) signed
[___________], 2022.
Section 2. Purpose. The Housing Authority’s purpose is to foster low and moderate
income and affordable housing within its jurisdiction.
Section 3. Governing Requirements. As a multijurisdictional housing authority, the
Housing Authority is governed by § 29-1-204.5 of the Colorado Revised Statute, the above-
mentioned Intergovernmental Agreement and actions of the Housing Authority’s Board of
Directors (hereinafter “The Board”).
Section 4. Offices. The Housing Authority’s offices shall be at such places in Grand
County, as the Housing Authority’s Board shall designate from time to time by resolution.
Section 5. Seal. A seal of the Housing Authority shall be adopted by the Housing
Authority Board.
ARTICLE II – MEMBERS AND BOUNDARIES
Section 1. Members. Initial and current Members of the Housing Authority are: The
Town of Winter Park, the Town of Fraser, the Town of Granby and Grand County, Colorado.
Other members may join with the unanimous vote of the Housing Authority’s Board.
Section 2. Boundaries. The boundaries of the Housing Authority shall be
coterminous with the boundaries of its Member jurisdictions, unless said boundaries are modified
by the Housing Authority Board. [NOTE: WILL NEED TO DESCRIBE PORTIONS OF
UNINCORPORATED GRAND COUNTY TO BE INCLUDED IN THE AUTHORITY]
ARTICLE III – BOARD OF DIRECTORS
Section 1. Powers. The Housing Authority Board of Directors is vested authority to
govern the Housing Authority. The powers of the Board and its Board Members are those provided
Page 2 of 5
by formal action of the Board, these By-laws, the Intergovernmental Agreement and State statute.
The Board shall exercise general supervision over the affairs of the Housing Authority, authorize
audits, enter into contracts and from time to time delegate that contracting authority. The Board
shall employ such persons as it may deem necessary and may direct Officers and employees to
carry out the work and activity of the Housing Authority.
Section 2. Board Membership. Each Member Jurisdiction shall appoint [one two]
members to the Board, who may be at least one of whom shall be an elected official of the
appointing party, or other designated representative. [The Board of Directors so appointed shall
select three an additional members at large.]
Section 3. Terms. Each Director who is an elected official shall serve a four year term
expiring on January 31 following each year of a Presidential General Election or to the expiration
of his or her term in office, whichever occurs first. Each appointed Director shall serve a two year
term commencing on January 31 following each election held on the first Tuesday in November
in each odd numbered year. [Alternative term language example: Directors shall serve for a
maximum of three, two-year terms] All vacancies shall be filled by the appointing Member
Jurisdiction.
Section 4. [Alternate Board Members. Board Members may designate in writing to
the Board an Alternate from their designated Member Jurisdictions to the Board. This Alternate
Board Member may only sit as a voting member of the Board when the appointing Board Member
is absent and when so designated in writing as a voting Alternate by the Board Member. At all
other times Board Member’s Alternates may sit on the Board but only as non-voting Alternate
members.]
Section 5. Removal. Either upon a recommendation of the Board or its own initiative,
a Board Member [or Alternate] may be removed by the appointing Member Jurisdiction for
violating statutes, the Intergovernmental Agreement or a violation of any written Standards of
Conduct established by the Housing Authority Board.
Section 6. Meetings. The Board shall meet [monthly] in a regular session at a time
and place regularly set pursuant to a public announcement. The Board may make exceptions to
that schedule as well as hold more regular special meetings upon posting a notice at its Offices.
Section 7. Quorum. For purposes of Board meetings, a quorum shall consist of a
majority of Board Members and at least one representative from each Member Jurisdiction [be
they Board Members or Alternates]. Action may be taken only if a quorum has been maintained.
In the absence of a quorum, a majority of the Board Members present may adjourn or recess the
meeting from time to time until a quorum is had. Members may participate in meetings
telephonically by conference telephone call and such participation shall count for purposes of
establishing and maintaining a quorum.
Section 8. Voting. Each member of the Board [or substitute Alternate] shall have one
vote on matters brought before the Board. A majority of the directors shall constitute a quorum
and a majority of the quorum shall be necessary for any action taken by the Board. Notwithstanding
the foregoing, or any other provision herein to the contrary, the following actions shall require the
Commented [AJ1]: Terms for initial directors appointed
by governing boards will be drawn randomly to have two
two-year terms and two four-year terms to offset terms
expiring
Commented [AJ2]: As needed, new board to set meeting
times
Page 3 of 5
approval of [two thirds (66%) seventy-five percent (75%)] of the full board of directors:
(i) condemnation of property for public use; (ii) proposal of ballot initiatives; (iii) the removal of
a director under Section 3.1(d) herein;(iv) appointing an Executive Director and (iv) termination
of the Housing Authority. Meetings of the Board of Directors shall be open to the public and
conducted in accordance with the C.R.S. 24-72-201 et seq.
Section 9. Compensation. Board Members may not receive compensation for
performing their Housing Authority duties. Board Members, however, may be reimbursed for
documented, actual and reasonable expenses incurred in connection with performing their duties.
Section 10. Notice. For purposes of providing official Notice to Board Members, such
as in the case of calling a special meeting, a written notice may be (1) mailed, (2) express delivered
by a national express delivery service or (3) if authorized in writing by the Board Member, e-
mailed with evidence maintained of effective delivery to the designated e-mail site. Notice shall
be given to each Board Member of the place, date, and hour, and in the case of special meetings
the purpose, of every meeting of the Board. Such Notices if mailed must be sent no more than 30
days and no less than 3 days prior to the meeting and if delivered by express service or e-mailed
then no more than 30 days and no less than 2 days prior to the meeting. Meeting Notices shall also
be publicly posted at Housing Authority Offices no more than 30 days and no less than 2 days
prior to the meeting.
Section 11. Officers. The Board shall include the following officers with the following
powers and responsibilities as well as those other duties that from time to time may be delegated
to them by Board resolutions.
The President – who shall preside at all meetings of the Board of Directors. He or she may
sign, with the Secretary or any other proper officer of the Housing Authority deeds,
mortgages, bonds, contracts, or other instruments which the Board of Directors has
authorized to be executed, except in cases where the signing and execution thereof shall be
expressly delegated by the Board of Directors to some other officer or agent of the Housing
Authority, or shall be required by law to be otherwise signed or executed; and in general
shall perform all duties incident to the office of President and such other duties as may be
prescribed by the Board of Directors from time to time.
Vice-President – who shall, in the absence of the President or in the event of his or her
death, inability or refusal to act, perform the duties of the President, and when so acting,
shall have all the powers of and be subject to all the restrictions upon the President. The
Vice-President shall perform such other duties as from time to time may be assigned to
him or her by the President or by the Board of Directors.
Secretary – who shall: (a) keep the minutes of the proceedings of the Board of Directors;
(b) see that all notices are duly given in accordance with the provisions of the C.R.S. 24-
72-201 et seq. and this Agreement or as otherwise provided by law; (c) sign with the
President; (d) in general perform all duties incident to the office of Secretary and such other
duties as from time to time may be assigned to him or her by the President or by the Board
of Directors.
Page 4 of 5
Treasurer – who shall be the financial officer for the Housing Authority and shall:
(a) coordinate with the department of revenue regarding the collection of sales and use tax
authorized pursuant to paragraph (f.1) of subsection (3) of C.R.S. § 29-1-204.5; (b) have
charge and custody of and be responsible for all funds of the Housing Authority; (c) receive
and give receipts for moneys due and payable to the Housing Authority from any source
whatsoever, and deposit all such moneys in the name of the Housing Authority in such
banks, trust companies or other depositaries as designated by the Board of Directors; and
(d) in general perform all the duties incident to the office of Treasurer and such other duties
as from time to time may be assigned to him or her by the President or by the Board of
Directors. All checks written from a Housing Authority bank account over $10,000 shall
require the signature of the Treasurer and a single member of the Board of Directors or the
signature of two members of the Board of Directors.
All Officers shall be elected by a [majority vote] of the Board of Directors. Officers shall serve
annual terms [and may not serve more than 3 terms].
Section 12. Committees. The Board may from time to time, as it determines the need,
establish committees of the Board.
Section 13. Indemnification. The Board may by written policy or other action exercise
the power to indemnify any of its Members, Housing Authority Officers, employees and
representatives, whether current or former, in connection with the defense of any action, suit or
proceeding relating to their performance of their Housing Authority duties
ARTICLE IV – COMMITTEES
The Board of Directors may create such committees as it deems necessary or appropriate
in order to carry out the affairs of the Housing Authority. Committees shall consist of Committee
Members who are skilled in a variety of fields that relate or contribute to housing and the activities
of the Housing Authority. Committee Members shall contribute their advice and guidance through
Committee Meetings as well as individually when called upon by the Board or Housing Authority
staff.
ARTICLE V – PERSONNEL
Executive Director. The Housing Authority Board may hire as an employee, or through
a service contract, an Executive Director to act as its chief operating officer. When an Executive
Director is hired administration of The Executive Director shall be the chief executive officer of
the Housing Authority, shall supervise the activities of the Housing Authority, shall see that all
policies, directions and orders of the Board are carried out and shall, under the supervision of the
Board, have such other authority, powers and duties as may be prescribed by the Board. The
Executive Director shall be appointed by a majority vote of the Board, shall report to the Board of
Directors, and shall have his or her salary and compensation set by the Board. In consultation with
the Board, the Executive Director shall have the authority to hire additional staff members pursuant
to the budget adopted by the Board and shall also have termination authority over those staff
members.
Commented [AJ3]: While the new board may hire an
Executive Director it is not required to do so, the intention is
to not hire personnel until a primary revenue source is in
place. Until that time, the existing working group will
continue.
Page 1 of 5
CERTIFICATION
The undersigned hereby certify that these Bylaws were adopted by the Board of Directors
of the Housing Authority at its meeting held on [________], 2022.
[___________], President
[___________], Secretary
18224332_v3
March 1, 2022
Dear Fraser Board of Trustees,
On behalf of Grand Kids Learning Center, I want to extend another thank you for your
support of funding last summer and give you an update on how these funds have
helped our organization. As you remember, we were in such dire need of staff we
were operating at a much lower capacity than we are licensed to service. This was
not serving the needs of our community to the fullest.
Since receiving your support, we have been able to raise starting teacher wages from
$13 per hour to $18 per hour. Much of your funds went to offset the cost of these
raises until we increased our daily tuition rate at the beginning of 2022. After we
raised the starting wage, we were able to hire six new teachers within one month.
This saved us from closing one of our buildings due to the low staffing leading up to
those hires and has put us back on track to full enrollment.
Additionally, we were able to set aside some of the funds to support families through
additional scholarships. These funds were directed to families that experienced
hardships directly related to COVID.
Thank you for investing in our local early childhood education center. Your
contributions have helped ensure we are moving in a forward path again. With a
waitlist of more than eighty families, we are currently working on plans to
accommodate and support more of our existing, and growing district. Without the aid
of our community this would not be possible. We thank you again for your generous
contribution.
Sincerely,
2021 ANNUAL REPORT
2 | P a g e
TABLE OF CONTENTS
Topic Page
CHIEFS MESSAGE 3
Mission, Vision, Core Values 4
2021 Budget Information 5
Police Department Staff 5
Employee Wellness Program 9
POLICE DEPARTMENT OPERATIONS
• Calls for Service 10
• Crime and Incident Data 12
• Traffic and DUI Enforcement 14
• Community Engagement 15
• Emergency Management 17
• Use of Force 18
• Professional Standards 20
• Combined Municipal Court 20
POLICE DEPARTMENT TRAINING & PLANNING
• Department Training Activities 20
• 2021 Challenges 21
• 2021 Major Accomplishments 22
• 2022 Organizational Goals 22
CONCLUSION 23
2021 ANNUAL REPORT
3 | P a g e
A MESSAGE FROM THE CHIEF
On behalf of the wonderful men and women of the Fraser
Winter Park Police Department, thank you for taking the
time to read this review of our activities in 2021. This report
will cover not only our calls for service and other activities
that took place this last year but will also showcase the
opportunities we had for personal engagement with
members of our community.
In many ways, 2021 was unprecedented for all of us in the
upper Fraser Valley. Still reeling from 2020 when many of
our businesses were shut down, it seemed that the flood
gates opened and never shut! We had a record number of visitors to Grand County last year, and the
majority of those folks chose to either spend their time in the Fraser Valley or stopped on their way
through to other destinations. Likewise, new home and business construction were also at near-record
levels throughout the valley.
This growth, however, also contributed to a significant increase in calls for service to public safety
organizations including the Fraser Winter Park Police Department. In 2021, we handled over 5,300 calls
for service, and took over 900 incident reports, which is an increase of nearly 14% over any previous
year since we began collecting such data.
One thing is abundantly clear, though. The men and women who work for our Police Department are
some of the finest human beings I have ever been privileged to work with. As members of our
wonderful community, each and every one of them sincerely strive to not only meet but exceed the
performance standards set by our organization and our profession.
In 2021, we celebrated 16 years of providing law enforcement services to the Towns of Fraser and
Winter Park. From our humble beginnings in 2005 to the present, our primary focus has always been to
make a difference in the lives of those we contact on a daily basis. As ambassadors and guardians of
our community, it is our desire to provide high-level values-based law enforcement services to our
citizens and guests, while at the same time, never forgetting that our partnership with each of you is
vital to keeping our community safe.
Once again, thank you for reading the Fraser Winter Park Police Department’s 2021 Annual Report. If
you would like to discuss the contents of this report or any other topic, please reach out to me or a
member of my staff. Thank you again for your support of our organization and for allowing us to serve
you!
Glen P. Trainor
Chief of Police
2021 ANNUAL REPORT
4 | P a g e
MISSION, VISION, AND CORE VALUES
The Fraser Winter Park Police Department embraces the concept that Service, Justice,
and Fundamental Fairness are the reason why law enforcement exists. As such, we have
adopted the following guiding principles for our agency.
Department Mission
• Making a Difference by Serving Others
Department Vision
• We will serve as an example of excellence in promoting trust and mutual respect with
our employees, our citizens, and the community. We will endeavor to work together to
develop partnerships in order to solve problems, reduce crime, and make the towns of
Fraser and Winter Park a better place to work, live, and visit.
Core Values
With the understanding that our actions can impact an individual for life, and even a community
for generations, we have adopted these core values individually and as an organization.
• Integrity - We hold ourselves accountable to the highest level of honesty, truthfulness,
and ethical conduct.
• Courage - We will do and say what is right, graciously accepting both the sacrifices
involved and the consequences of our actions.
• Loyalty - We will demonstrate unwavering commitment to the ideals of our profession,
our organization, and our community.
• Service - We will cheerfully and enthusiastically place aside our own desires in order to
meet the needs of others.
• Justice - We will always seek the path of "right", disregarding our own biases or personal
interests.
• Respect - We will ensure that all persons are treated with courtesy, dignity, and
fundamental fairness.
• Pride - We will take pride in ourselves as individuals, our agency as a team, and our
citizens as a community
2021 ANNUAL REPORT
5 | P a g e
2021 BUDGET INFORMATION
The 2021 Budget for the Police Department was $1.945 Million. This includes both the
Police Department and the Fraser Winter Park Combined Municipal Court. It also included the
purchase of two 2021 Chevrolet Tahoes as replacement police vehicles. Through an
Intergovernmental Agreement, the Town of Winter Park pays for 63% of the costs of the
Department, and the Town of Fraser pays for 37% of the cost.
FRASER WINTER PARK POLICE DEPARTMENT STAFF
The Police Department is currently comprised of a Chief of Police, a Commander/Deputy
Chief, two sergeants, eight patrol officers, a records clerk, and an Office Manager/Court Clerk.
In March, two fabulous people came to work with the Fraser Winter Park Police
Department. Kalie Boyter, who formerly worked at the Crooked Creek Ranch, was hired as our
Records Clerk, and Officer Kandace Padilla, a long time Winter Park resident came back to the
Valley after working as a Ranger for the New Mexico State Parks Department.
Recruitment of quality employees remains a challenge for our department and law
enforcement agencies as a whole nationwide. We spent the entirety of 2021 with an unfilled
vacancy for police officer.
$1,327,239
$489,791
$128,300
2021 Budget Breakdown
Personnel
Operating
Capital Outlay
2021 ANNUAL REPORT
6 | P a g e
Below are listed photographs and a short biography on all our outstanding employees.
Glen Trainor, Chief of Police
17 years FWP/43 years LE
30 Years in Grand County
USAF Veteran,
FBI NA Graduate (#231)
Hobbies: fly fishing, hunting, hiking
Commander Donnie Ransom
10 years FWP/11 years LE
ERT Commander, Rangemaster,
DUI Instructor, FTO
Lifetime Resident of Grand County
US Army Veteran
Hobbies: hunting, snowmobiling
Carol McHenry, Office Manager
14 years FWP/18 years LE Admin.
Cert. Master Records Technician
22 Years in Grand County
Hobbies: crafting, kayaking
Kalie Boyter, Records Clerk
9 months FWPPD
2 Years in Grand County
Hobbies: hiking, snowboarding
2021 ANNUAL REPORT
7 | P a g e
Sergeant Paul Finley
5 Years FWP/14years LE
Level III Accident Investigator,
DRE, FTO
20 years in Grand County
Hobbies: hunting, fishing, hiking
Sergeant Matthew Murdoch
9 years FWP/9 years LE
ERT Member, DARE Instructor, FTO
Less-Lethal Instructor,
16 Years in Grand County
Hobbies: snowboarding, hunting,
fishing, musician
Officer Jeff Malchow
4 Years FWP/10 years LE
Liquor Law Expert, Crisis
Negotiator, FTO
Hobbies: Lacey the Wonder
Dog, skiing, hiking, friends
Officer Tyler Kupser
5years FWP/6 years LE
5 years in Grand County
Taser and PPCT Instructor
Hobbies: skiing, dirt biking,
camping, fishing
2021 ANNUAL REPORT
8 | P a g e
Officer Anthony Fernandez
3 Year at FWPPD
7 Years in Grand County
FTO, ERT Member
US Army Veteran, EMT
Hobbies: fly fishing, hiking, skiing
Officer Cory Esslinger
3 Years FWP/5 Years LE
Hobbies: Gaming,
weightlifting, hiking
Officer Jared Bombardier
2 Years at FWPPD
2 Years in Grand County
Hobbies: hiking, weightlifting,
sports
Officer Kandace Padilla
1 FWP/2 years LE
4 Years in Grand County
Active Shooter Instructor
Hobbies: paddleboarding,
fishing, hiking, camping
2021 ANNUAL REPORT
9 | P a g e
The exceptional men and women of the Fraser Winter Park Police
Department are our most valuable resource. Recognizing that law
enforcement exposes our staff to both traumatic and cumulative stress,
we provide the following programs.
• Wellness rewards through the Town’s health insurance provider.
• Town-sponsored activities designed to promote camaraderie
• $500 annual wellness benefit
• Free admission to Town-sponsored concerts and special events
• Town owned fitness facility with access to video workout and diet
programs.
• Discounted memberships at the Fraser Valley Recreation Center
• Discounted ski passes through Winter Park Resort
• Town sponsored Employee Assistance Program
• De-brief with professional counselor after traumatic incidents
• Liberal paid time off policy to allow for enjoyment of our
outstanding recreational opportunities
2021 ANNUAL REPORT
10 | P a g e
5198 5561
4821 4501
5333
1541 1460 1298 1112 1466835839837847 912
2017 2018 2019 2020 2021
2017-2021
CALLS/TRAFFIC/INCIDENTS
CALLS TRAFFIC INCIDENTS
CALLS FOR SERVICE
In 2021, we saw a 18% increase from the previous year in the
total calls for service handled by our officers. Undoubtedly, part of this
increase is because of the Covid shutdown that occurred in March 2020,
but we were also significantly busier this past year than even in 2019
The following chart shows calls for service, traffic stops, and incident
reports completed.
2021 ANNUAL REPORT
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410 379
473 439
349
395
488
405 368 356 360
402
444
369 404 367 389
545
626
510
392 390 399
498
2019 vs 2021 CALLS BY MONTH
2019 2021
2894
2324
65
46
4
2021 CALLS FOR SERVICE
WINTER PARK, CO
FRASER, CO
GRANBY, CO
GRAND COUNTY, CO
OUTSIDE GRAND ASSIST
OTHER AGENCY
• Calls for Service by Town
Of the total calls for service in 2021, approximately 44% occurred in the Town of
Fraser, 54% were in Winter Park, and the remaining were other agency assists. This is
quite a change from 2019 when only 34% of the calls occurred in Fraser.
• Calls for Service by Month
Historically, our Towns have been busiest during the ski season (December – March),
fairly quiet during the shoulder seasons and a slight uptick in calls during July when we
are host to several large special events. Over the last several years, we have become
much busier during the summer months, with calls exceeding those we find during the
ski season.
2021 ANNUAL REPORT
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CRIME & INCIDENT DATA
• Incident Summary
In 2021, we completed 912 written reports detailing a total of 964 incidents that we
initiated or responded to.
• Criminal Incidents
The Fraser Winter Park Police Department investigated a total of 524 criminal
incidents (all of which are documented in the chart above). Below is a table showing our
reported UCR Part I Crimes and clearances compared to the State of Colorado and the
United States as a whole. Our clearance rate for all incidents was 80%.
A COMPARISON OF CRIME STATISTICS
CRIMES AGAINST PERSONS 2020 2021 Cleared Percent Colorado* US**
Homicide and Manslaughter 1 0 N/A N/A 58.0% 61.4%
Aggravated Assault 2 5 5 100.0% 47.0% 52.3%
Robbery 0 2 2 100.0% 30.0% 30.5%
Sexual Assault 9 5 3 66.7% 24.0% 32.9%
Total 12 10 9 90.0% 40.0% 45.5%
CRIMES AGAINST PROPERTY 2020 2021 Cleared Percent Colorado* US**
Arson 0 0 N/A N/A UNK 23.8%
Burglary 7 15 11 73.3% 13.0% 14.1%
Motor Vehicle Theft 3 10 7 70.0% 9.0% 13.8%
Fraud 19 37 14 37.8% 12.0% UNK
Theft 74 54 17 31.5% 11.0% 18.4%
Total 103 116 49 42.2% 11.0% 17.2%
*Colorado (CBI) - 2020 Data
**US(FBI) - 2019 Data
Following a national upwards trend for
vehicle crimes, in 2021 we investigated 10 auto
thefts, and 7 thefts of catalytic converters.
Our team worked with other agencies to file
charges against an individual who committing
these acts in Grand County as well as some of
his associates on the front range and
communities on the I-70 Mountain Corridor.
2021 ANNUAL REPORT
13 | P a g e
In January and May 2021, we also had two
bank robberies at a bank in Fraser. The same
individual also robbed a credit union in Frisco, CO.
With a demonstration of outstanding teamwork by the
Grand County and the Clear Creek County Sheriff’s
Offices, this individual was taken into custody in May
after the second robbery in Fraser. The suspect
remains in custody and is currently awaiting
sentencing for all three robberies.
In September, we investigated the accidental shooting of an individual by a
friend on Winter Park Resort property. The defendant subsequently pled guilty to an
assault charge in relation to the incident. The victim has recovered from his injuries.
Also in 2021, we continued following up with a rash of bicycle thefts that
occurred in 2020. These thefts included two burglaries to a local bicycle shop. Working
with our partners on the front range and the I-70 corridor, suspects in these thefts were
identified and are currently under indictment through the Colorado Attorney General’s
Office.
• Arrests
An “arrest” is classified as any incident in which an individual who is charged
could receive jail time if found guilty of the offense charged. This includes ordinance
violations, misdemeanor traffic violations, and both misdemeanor and felony crimes. It
does not include minor traffic infractions.
In 2021, the Fraser Winter Park Police Department made 365 arrests for the
various incidents we investigated, which is almost a 12% increase over 2020. While we
regularly attempt to cite and release as opposed to transport someone to jail, each
“trip” to the jail in Hot Sulphur Springs results in an average of two-hours “unavailable
time”, which also reduces that officer’s availability to perform discretionary patrol
activities.
Covid-19 and “misdemeanor reform” have proven to be a significant challenge to
the criminal justice system. Beginning in 2020, we have been prohibited from taking
many people to jail that normally would have been arrested. Further, in all but the most
serious cases, most defendants are released from jail on a personal recognizance bond
after their arrest.
2021 ANNUAL REPORT
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TRAFFIC & DUI ENFORCEMENT
The goal of traffic law enforcement is to reduce traffic collisions and improve the safety and
quality of life for the community through traffic law compliance. In 2021, the Department made the
following traffic-related contacts.
2021 TRAFFIC RELATED INCIDENTS
Call Type Number Call Type Number
· Traffic Stops 1,296 · Parking Violations 97
· Total Traffic Crashes 150 · DUI 78
o Injury Crashes 9 · Criminal Traffic 25
o Fatal Crashes 1 · Traffic Complaints 40
o Hit & Run 54
We issued 508 traffic citations for violations into either the Combined Municipal Court
or the Grand County Court. As one would expect, the most common primary violation cited
was speeding (238), with 19 citations being issued for driving 25 mph or over the legal speed
limit. Our high speed of the year was 96 mph on Hwy 40 near the Winter Park Resort.
Impaired Driving Enforcement remains a top
priority for our agency. In 2021, we made 78 arrests
for this offense. According to statistics provided by
our records management system, our agency was
responsible for 44% of all DUI/DUID arrests in Grand
County. Of those arrests, 14 were confirmed to be
drug related.
Additionally, our department participated in
all but two of the High Visibility Enforcement periods
promoted by the Colorado Department of
Transportation.
Under Colorado law, a portion of fines from
DUI cases is returned back to the department for DUI
Enforcement efforts. This year, we used these fines to purchase 4 portable breath -testing
devices (PBT) and a calibration machine to ensure our PBTs are accurate.
For the third consecutive year, in 2021 our department was again recognized by the
Colorado Chapter of Mothers Against Drunk Drivers (MADD) for our efforts in reducing
impaired driving. Officer Jared Bombardier was given special recognition as he made 27 DUI
arrests or 34.6% of the total DUI arrests in our agency.
Sgt. Paul Finley is a certified Drug Recognition Expert (DRE) through the International
Association of Chiefs of Police and conducted three DRE examinations. Commander Donald
Ransom is a certified “Standardized Field Sobriety Testing” instructor.
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TOWN CODE ENFORCEMENT
Enforcement of Municipal Code violations in
both the Towns of Fraser and Winter Park increased
significantly in 2021. We investigated a total of 42
different complaints last year. Most involved a
failure to secure trash causing human/bear conflicts.
Additionally, we towed seven vehicles that were
abandoned on Town-owned property.
In 2022, we are adding a full-time Code
Enforcement Officer to our staff to better enable our department to handle such calls. This
non-sworn uniformed position will be responsible for enforcing town codes in relation to
unlawful parking, trash, junk, and abandoned vehicles.
COMMUNITY ENGAGEMENT
Our partnership with the community is vital to our existence. As such, we take great
pride in working with our citizens, guests, and other Grand County public safety organizations
to make our community a better place to work, live and visit. It has been said that trust is
based on two main components – competence and character. As public servants, we must not
only do our jobs well, but we must always set a positive example by displaying integrity and
empathy as we seek to enforce the law.
With this in mind, we place a high value on engaging with the public in both formal
settings and through strategic outreach efforts. These include conducting foot patrols and
business checks in public areas and in our businesses.
We also organized and/or actively participated in numerous special events, including,
but not limited to the following:
• Fraser Valley Elementary School
o DARE Program
o Health Fair
o Bike Rodeo
• Special Events at Hideaway Park
• Winter Park Resort Spring Splash
• Family Bike Safety Fair at Winter Park Resort
• National Night Out at the soccer dome in Granby (sponsored by the Granby Police)
• Halloween festivities at Cooper Creek Square.
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16 | P a g e
• Provided several presentations on “De-escalating Tense Encounters” to several local
civilian audiences as well as the “International Wildfire Prevention Conference”.
• Responsible Server Training for retail liquor license holders and employees, including
communities outside of Fraser & Winter Park. In 2021 Officer Jeff Malchow trained 194
licensed premise owners and employees in eight different sessions. Given the average
industry cost of $35 per student, this no cost training saved our citizens over $6,000.
Since starting this program in late 2019, we have provided this training to 479
individuals, saving our business community nearly $17,000!
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EMERGENCY MANAGEMENT
The Fraser Winter Park Police Department is committed to preventing, responding to
and mitigating the effects of catastrophic events, whether natural or human caused. To that
end, we maintain strong relationships with our partners on the local, state, and national level.
Whereas in 2020, our department provided hundreds of hours toward the response to
the Williams Fork and East Troublesome Fires, 2021 gave us somewhat of a respite. This
downtime allowed first responders to participate in after-action briefings from 2020, and to
further plan for future events, including a county-wide Wildfire Mitigation Planning.
Grand County Office of Emergency Management (GCOEM)
We work closely with the Office of Emergency Management on both emergency
preparedness and response. This includes active participation in the following:
• Grand County Local Emergency Planning Committee
• Grand County Emergency Operations Plan (currently being updated)
• Grand County Hazard Mitigation Plan (Updated in 2021)
Northwest All Hazards Emergency Management Region (NWAHEMR)
Operating under the authority of the State Department of Homeland Security, and as
part of the NW Council of Governments, the NWAHEMR encompasses the 10 counties in
Northwest Colorado. This group is comprised of representatives from all 15 Emergency Support
Functions under the National Incident Management System. Chief Glen Trainor is the Law
Representative (ESF-13) to this group for the Northwest Region.
Middle Park Emergency Response Team
The Middle Park Emergency Response Team (ERT) is a multi-
jurisdictional tactical team comprised of 12 members from the Grand County
Sheriff’s Office, Granby Police Department, Fraser Winter Park Police
Department, and Grand County EMS. It includes personnel assigned to roles
as Command Staff, Tactical Response, Crisis Negotiations, and Tactical
Medical Support.
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Our team strives to follow guidelines for response as set forth by the National Tactical
Officers Association (NTOA). As a result, we do not respond to incidents involving only
misdemeanor crimes or suicidal subjects who are not a threat to anyone but themselves. Given
the danger of conducting search warrants on “drug houses” we also avoid conducting “no-
knock” raids on those locations. Finally, prior to deploying ERT on any search or arrest warrant
served at a residence, a “threat assessment” is
required to be completed to justify activation of the
team.
Training is generally conducted monthly. Team
members also attend specialized training sponsored
by the National Tactical Officers Association, the
Rocky Mountain Tactical Team Association, and the
Rocky Mountain Hostage Negotiator’s Association, as
well as other respected organizations.
In 2021 we were fortunate not to have any
ERT activations. There were several incidents that
occurred within Grand County that could have
qualified for an ERT activation, but all were resolved
prior to the Emergency Response Team being fully
activated. Additionally, there were two different
incidents where ERT response was requested but
declined because the incident did not meet the
threshold for activation, or other avenues were
found to take the suspect into custody.
USE OF FORCE
The Fraser Winter Park Police Department
recognizes and respects the value of all human life,
including citizens, law enforcement officers, and suspects.
“Vesting officers with the authority to use reasonable force
and to protect the public welfare requires monitoring, evaluation,
and a careful balancing of all interests. Officers shall use only that
amount of force that reasonably appears necessary given the facts
and circumstances perceived by the officer at the time of the event
to accomplish a legitimate law enforcement purpose. The reasonableness of force will be
judged from the perspective of a reasonable officer on the scene at the time of the inciden t.”
(FWPPD Policy #300).
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Our department requires that a “Response to Resistance” (RTR) report be completed
any time an officer needs to use force stronger than verbal commands to affect an arrest or
gain subject compliance. This includes the use or “display” of a firearm or
control device such as a Taser, baton, or chemical agent. All department
use of force incidents and the corresponding body-worn camera footage
are reviewed by a supervisor to determine if the force used follows
FWPPD Policy and Colorado law.
In 2021, Department members completed RTR reports for 27 different incidents, 15 of
which occurred in Winter Park, 7 in Fraser, and 5 in other parts of Grand County (other agency
assist). Below is a breakdown of the type of force used by our officers. The reader should keep
in mind that while there were 27 incidents, there were often multiple officers involved in each
incident.
• Assistance from other LEO 23
• Balance displacement: 19
• Strike Motor points/ Muscles: 2
• Joint Manipulation (PPCT): 14
• CEW (Taser) Displayed: 7
• CEW (Deployed): 1
• Chemical/ Natural Agent: 0
• Strike Baton or other object: 0
• Kinetic Energy Projectile: 0
• Firearm (Displayed Only): 8
• Firearm Discharged: 0
Our officers were assaulted by combative persons two times in 2021. Only minor
injuries resulted from these assaults.
Given that our officers initiated or responded to over 5300 different incidents in 2021,
and made investigative contacts with nearly 2,000 individuals, our use of force rate in our two
towns is extremely low. This is a testament to not only our relationship with the community,
but the de-escalation mindset ingrained in our officers.
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PROFESSIONAL STANDARDS INVESTIGATIONS
Transparency and accountability by our law enforcement officers are at the core of
public service. As such, our department actively seeks out ways to improve our relationship
with the community while at the same ensuring the safety of our citizens and off icers.
There were two formal complaints filed against our officers in 2021. In both instances,
the officers were exonerated of any violation of either policy or Colorado Law.
The relatively few numbers of complaints that we receive against our officers is a
testament to not only their strong moral character, but the level of supervision and leadership
that is provided by our agency supervisors.
COMBINED MUNICIPAL COURT
In 2021, the Fraser and Winter Park Combined Municipal Court docketed a total of 141
defendants for either violations of the Towns’ Municipal Code or the Model Traffic Code. This is
an 40% increase from the previous year, when the pandemic caused us to make far fewer
traffic contacts. Total court revenue (fines, court costs & ticket surcharges) for 2021 was
$50,249.
Both Winter Park (2020) and Fraser (2021) have now adopted ordinances specifying that
alleged violations of the liquor code by licensees be heard in the Combined Municipal Court.
This was done to ensure that these violations are dealt with in a fair and impartial manner while
ensuring the rights of all those involved. To date, there has been one violation of the Colorado
Liquor Code that has been heard in our municipal court.
DEPARTMENT TRAINING
It is the policy of this department to administer a training program that will meet the
standards of federal, state, local and POST training requirements. It is also a priority of this
department to provide continuing education and training for the professional growth and
progressive development of its personnel. By doing so, the Department will ensure its
personnel possess the knowledge and skills necessary to provide a professional level of service
that meets the needs of the public, while at the same time ensuring, in as much as possible,
their safety, and the safety of our citizens.
Using the Colorado Peace Officer Standards and Training (POST) portal, we track all
officer training, which provides great documentation for protection against civil liability. POST
Rule 28 requires that all officers undergo a minimum of 24 hours of training annually, with 12 of
those hours being in “perishable skills” (driving, arrest control, and firearms). While COVID
restrictions in 2020 & 2021 forced the cancellation of most in -person training classes, we were
still able to provide our officers legitimate training in needed areas.
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21 | P a g e
One of our primary training sources is Lexipol, who publishes our department’s policy
manual. Lexipol also provides 30 “Daily Training Bulletins” per month that all sworn officers are
required to complete. Topics include emergency operations, driving, use of force, conduct, and
other policy and officer safety related topics.
In 2021, we “sponsored” Officer Kandace Padilla’s attendance at the Highlands Ranch
Refresher Academy in Castle Rock, CO. This two-week course is specifically designed to allow
personnel who are certified in other states to become fully POST certified in the State of
Colorado.
In 2021, members completed over 1,350 hours of in-service training, or an average of
135 hours of training per officer. Included in that amount was 547 hours of training in
perishable skills. Below are specific notable trainings our staff completed:
• FBI LEEDA Basic Supervision and Command Courses
• FBINAA Fall Conference
• Field Training Officer Course
• Emergency, Pursuit, & Defensive Driving
• De-escalation Tactics
• Anti-bias Training
• Mental Health First Aid
• Taser Instructor Re-certification
• Arrest Control
• Firearms, including skills development and decision making.
Additionally, our records and court staff also completed 28.5 hours of training in records
management, release, and retention. Our new records clerk is working towards her
certification as a Police Records Technician and should obtain that certification by mid-2022.
2021 CHALLENGES
• Recruiting and retaining quality staff: This remains our #1 challenge, as it is for the
majority of law enforcement organizations in the US. Causative factors for this include
strong national anti-police media attention as well as a robust economy. We believe
very strongly that traditional methods that have worked for recruitment of law
enforcement candidates are no longer effective and that we must seek new, more
effective ways to attract individuals to our agency and community.
• Community Growth: 2021 saw not only record sales tax numbers, but a record number
of building permits being issued in Fraser and Winter Park. What this boils down to
more people, more cars, and more crowding of our roadways, trails, and public lands. It
also means more calls for service by our citizens who rightly deserve the same level of
service we have always provided. While increasing staffing is one solution, we must also
work smarter by engaging in strategic deployment of our resources to become more
effective.
• Metal Health Crisis Calls: In 2021, our officers responded to 94 calls for service that
were directly mental health-related, as well as an untold number of other calls that
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were classified as criminal acts but had a mental health or substance abuse component
to them. These calls create a tremendous drain on our resources. Given a mostly
ineffective and underfunded community mental-health system, coupled with the
availability of both legal and illegal mind-altering substances, this is not only a local
problem, but one of national significance. It is hoped that our legislature will be more
willing to address this issue in the coming years.
• Code Enforcement: Whether it is parking violations, abandoned vehicles, or wildlife
protection (trash), community “appearance” calls have proven to be incredibly time
consuming. This issue will be addressed through the adding of a full -time code
enforcement position in 2022.
2021 MAJOR ACCOMPLISHMENTS
While the majority of these incidents have been previously discussed in the body of this
report, nevertheless, we would like to highlight them to illustrate the professionalism and
integrity of our officers and organization.
• Cleared several major crimes including two bank robberies, two burglaries to a bike
shop, and numerous auto thefts and break-ins.
• Participated in over 30 community engagement activities.
• Awarded Lexipol Connect “Gold” status for adoption of policies
designed to reduce liability and increase accountability.
• Purchased a new radar trailer that doubles as a variable
message sign board.
• Completed the deployment of updated body-worn cameras for
deployment by our officers.
• Completed the construction of a “soft” interview room where recorded interviews of
victims and witnesses of traumatic incidents can be interviewed.
• Successfully revamped our pay plan to enhance recruiting and retention of quality staff.
• Obtained almost $50,000 in grant funding for the purchase of 10 semi-rugged laptops
for deployment in our patrol fleet.
2022 GOALS
• Enhance recruiting efforts through targeted advertising as well as the creation of a video
that specifically markets our officers and the tremendous work they do.
• Successfully transition our agency to a new records management system for reporting
law enforcement incidents.
• Complete installation of laptop computers into our patrol vehicles.
• Further our goal of having all patrol personnel trained in Crisis Intervention .
• Hire and deploy a full-time code enforcement officer.
• Continue to seek out ways to affirmatively engage our community in problem solving
and trust building activities.
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23 | P a g e
CONCLUSION
Thank you for taking the time to read this review of our 2021 activities. It is our hope
that you have found the information contained here in to be beneficial to you as a member of
our community, as well as an accurate representation of who we are as an organization.
The past year has been one of immense challenges for the guardian/ambassadors of the
Towns of Winter Park and Fraser, but we feel it has been one of tremendous rewards as well.
Whether patrolling our streets in our patrol vehicles or by foot at one of our town parks, we
have enjoyed the opportunities we have had to serve you.
Over 200 years ago, the “father of modern policing,” Sir Robert Peale, said, “The police
are the public and the public are the police; the police being only members of the public who
are paid to give full time attention to duties which are incumbent on every citizen in the
interests of community welfare and existence.” Nowhere is that truer than here in Fraser and
Winter Park. Your support and partnership with our department has been legendary, and we
are humbled by it.
As we proceed through 2022 and beyond, it is our sincere desire to continue to serve
you at the same high level we always have. Obviously, the growth we are seeing will provide
challenges, but in the end, we are convinced that our collaboration and partnership with you is
fundamental to our existence.
From the bottom of our hearts, we thank you. First, for allowing us to provide you with
law enforcement services, but more importantly, for working alongside us to make and keep
Fraser and Winter Park a safe place to live, work, and visit!
Total Amount Paid
$2,105.71
Address
365 Zerex, Fraser
365 Zerex, Fraser
365 Zerex, Fraser
401 Zerex, Fraser
401 Zerex, Fraser
401 Zerex, Fraser
831 Wapiti, Fraser
831 Wapiti, Fraser
831 Wapiti, Fraser
amount paid Total for Fraser (Use Tax/Water/Sewer)$1,009.45
$664.40 Checks Sent to Fraser $1,009.45
$1,009.45 Difference $0.00
$431.86 Total for East Grand $0.00
$2,105.71 Checks Sent to East Grand $0.00
Difference $0.00
Total Building Permit/Plan Review $1,096.26
Total in Cassele $1,096.26
Difference $0.00
Fees Paid by Fraser
Earliest Payment
Found
Latest Payment
Found
2/14/2022 2/23/2022
Record Type Permit Payment Date Owner Fee Description Amount Assessed Amount Paid
Commercial Alteration
BLD22-005
2/15/2022 Camber Brewery Holdings,
LLC
Building Permit $416.40 $416.40
2/15/2022 Camber Brewery Holdings,
LLC
Plan Review $270.66 $270.66
2/15/2022 Camber Brewery Holdings,
LLC
Fraser Use Tax $560.90 $560.90
Permit Total $1,247.96 $1,247.96
BLD22-012
2/14/2022 Kathleen Marie Fisher and
David Edward
Building Permit $82.00 $82.00
2/14/2022 Kathleen Marie Fisher and
David Edward
Plan Review $53.30 $53.30
2/14/2022 Kathleen Marie Fisher and
David Edward
Fraser Use Tax $48.55 $48.55
Permit Total $183.85 $183.85
Record Type Total $1,431.81 $1,431.81
Residential Alteration
BLD22-011
2/23/2022 Ransom H. and Thanet
Flint
Building Permit $166.00 $166.00
2/23/2022 Ransom H. and Thanet
Flint
Plan Review $107.90 $107.90
2/23/2022 Ransom H. and Thanet
Flint
Fraser Use Tax $400.00 $400.00
Permit Total $673.90 $673.90
Record Type Total $673.90 $673.90
Grand Total $2,105.71 $2,105.71
Fee Item invoice fee
Building Permit $664.40
Fraser Use Tax $1,009.45
Plan Review $431.86
Total $2,105.71
Reviewed by JRS 03/09/22
Total Amount
Paid
$2,907.34
Address
836 Wapiti, Fraser
836 Wapiti, Fraser
836 Wapiti, Fraser
138 Alder Brook, Fraser
138 Alder Brook, Fraser
138 Alder Brook, Fraser
56 MOFFAT, Fraser
amount paid Total for Fraser (Use Tax/Water/Sewer)$1,786.16
$649.20 Checks Sent to Fraser $1,786.16
$1,786.16 Difference $0.00
$50.00 Total for East Grand $0.00
$421.98 Checks Sent to East Grand $0.00
$2,907.34 Difference $0.00
Total Building Permit/Plan Review $1,121.18
Total in Cassele $1,121.18
Difference $0.00
Fees Paid by Fraser
Earliest Payment
Found
Latest Payment
Found
1/6/2022 1/11/2022
Record Type Permit Payment Date Owner Fee Description Amount Assessed Amount Paid
Residential Alteration
BLD21-563
1/11/2022 Sunset Ridge, LLC Building Permit $152.00 $152.00
1/11/2022 Sunset Ridge, LLC Plan Review $98.80 $98.80
1/11/2022 Sunset Ridge, LLC Fraser Use Tax $335.16 $335.16
Permit Total $585.96 $585.96
BLD21-564
1/11/2022 Richard Mark Kaune and
Megan Lou Hessee
Building Permit $497.20 $497.20
1/11/2022 Richard Mark Kaune and
Megan Lou Hessee
Plan Review $323.18 $323.18
1/11/2022 Richard Mark Kaune and
Megan Lou Hessee
Fraser Use Tax $1,451.00 $1,451.00
Permit Total $2,271.38 $2,271.38
Record Type Total $2,857.34 $2,857.34
Residential New
BLD21-079
1/6/2022 GRAHAM, GARY ALBERT &
ANITA
Inspection $50.00 $50.00
Permit Total $50.00 $50.00
Record Type Total $50.00 $50.00
Grand Total $2,907.34 $2,907.34
Fee Item invoice fee
Building Permit $649.20
Fraser Use Tax $1,786.16
Inspection $50.00
Plan Review $421.98
Total $2,907.34
Reviewed by JRS 02/23/22
PUBLIC ARTS COMMITTEE
MINUTES
DATE: Friday, January 25th, 2022
MEETING: Public Arts Committee Special Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Board: Jerilyn Schuster, Lisa Baird, Steve Fitzgerald, Callie McDermott, Cindy
McCoy, Steve Fitzgerald, Kerry Crandall
Staff: Marketing and Communications Manager, Sarah Wieck
1. Regular Meeting: Roll Call
Steve called the meeting to order at 9:06 a.m.
2. Approval of Agenda:
Lisa moved, and Tara seconded the motion to approve the Agenda. Motion carried: 7-
0.
3. Consent Agenda:
Tara moved, and Lisa seconded the motion to approve the Agenda. Motion carried: 7-
0.
Minutes – January 14th, 2022
4. Discussion
a. Fire and Ice Recap
i. Get fire dept and police a thank you
ii. Parade didn’t work
iii. Potentially serve alcohol
iv. 500-800
v. Hot chocolate/food vendors
vi. More trash cans
vii. Groom bigger area
Page 2 of 2
viii. Luminaries. Pick up at businesses before
ix. More ice/snow sculptures
x. More speakers
b. Sculpture Program
i. Decided on artists for commission and lease program
c. Mural Festival
i. Aug 5th-7th
ii. Hire event company (sarah)
iii. Lions ponds?
iv. Downtown fraser, close fraser ave. (sarah)
5. Open Forum:
6. Other Business:
7. Future Agenda Items:
Meeting Adjourned:
Kerry moved, and Lisa seconded the motion to adjourn. Motion carried: 7-0. Meeting
adjourned at 10:50 a.m.
FRASER PLANNING COMMISSION
MINUTES
DATE:Wednesday, January 26, 2022
MEETING:Planning Commission Regular Meeting
PLACE:Fraser Town Hall and Virtual On-Line Meeting
PRESENT
Commission:Commissioners:Vice Chair Katie Soles,Philip Vandernail,Margaret
Bowles, Parnell Quinn, Bob Gnuse and Sam Brewer.
Staff:Town Planner,Catherine Trotter;Town Clerk Antoinette McVeigh;Town
Manager Ed Cannon
Others:Clark Lipscomb and Layla Rosales
Vice Chair Katie Soles called the meeting to order at 6:35pm.
1.Roll Call:Vice Chair Katie Soles,Philip Vandernail,Margaret Bowles,Parnell Quinn,
Bob Gnuse and Sam Brewer
2.Approval of Agenda:
Commissioner Quinn moved,and Commissioner Vandernail seconded the motion to
approve the agenda. Motion carried: 6-0.
3.Consent Agenda:
a.Minutes January 26, 2022
Commissioner Bowles moved,and Commissioner Vandernail seconded the motion to
approve the consent agenda. Motion carried: 6-0.
4.Discussion and Possible Action Regarding:
a.Final Plan Amendment 2 And Final Plats Filing 1, 2, 3 Alpenglow at Grand Park
Commissioner Quinn motioned,and Commissioner Vandernail seconded the motion to
open the public hearing. Motion carried 6-0.
This subdivision application is being processed as a Major Subdivision in accordance
with Section 17-5-10 of the Fraser Municipal Code. The purpose of a major subdivision
plat is to divide one (1) or more lots or parcels of land into a total of five (5) or more lots
or five (5) or more dwelling units.
Town Planer Catherine Trotter presented to the Commission.
Clark Lipscomb and Layla Rosales of Grand Park presented and answered questions.
Commissioner Vandernail motioned,and Commissioner Bowles seconded the motion
to close the public hearing. Motion carried 6-0.
Page 2 of 2
Commissioner Soles motioned and Commissioner Gnuse seconded to approve
Resolution 22-02-01 A Resolution Recommending Approval of Alpenglow at Grand Park
Final Plan –Amendment 2 (Planning Area 2w.1 And 2w.2)and Alpenglow at Grand Park
Final Plat Filings 1,2 And 3,Grand Park Planned Development District Located in
Section 29,Township 1 South,Range 75 West of the 6th Pm,Town of Fraser,County of
Grand, State of Colorado with the conditions listed. Motion carried 6-0.
5. Other Business:
Commissioner Soles,Parks and Wildlife Representative Jon Ewert did a Fraser River
Sedimentation Presentation TB meeting on February 16, 2022.
6.Open Forum:
None
7.Future Agenda Items:
None
8. Adjourn:
Commissioner Quinn moved,and Commissioner Bowles seconded the motion to
adjourn. Motion carried: 6-0. Meeting adjourned at 7:30 p.m.
__________________________
Antoinette McVeigh, Town Clerk