The URL can be used to link to this page

Home My Public Portal AboutTBP 2023-02-01tAtio !mNYli1➢fJN9� COLO }i A la0 Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday February 1, 2023 6:00 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/UCs5aHnI7d•kk0j1 cxV28DSq Participate in the meeting through our virtual platform Zoom Meeting Information https://us02web.zoom.us/j/2590408013 Meeting 10:259 040 8013 Phone 1-346-248-7799 1. 6:00 P.M. Roll Call 2. Approval Of Agenda 3. Consent Agenda a. Minutes January 18, 2023 Documents: IBM 2023.01-18.IFldt S'gnn On Sheet January 18, 2023.Pu:�1' 4. Open Forum a. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk) 5. Discussion And Possible Action Regarding a. Resolution 2023-02-01 Water System Model Update Documents: Re s00utlorn 2023-02-01 Water System Modell Ulpugu:ate.pdff TB Staff Brief Water System Modell Updrate.Ipdff Merrick WraterModell 1,lpdate IRevli skad 2023 01 1 ff .IPd[ b. Construction Guarantee Agreement Fraser Middle Park Health Center Documents: ,Jan 4 2023 »:3taffff 111llleiruo On IHospiitrall 4';;GA.pdff Fraser IMdddlle Park IModihc a ll Center Cornstro.uctiiorn Guuirairrpin1Lee APq free iro`nc rnt. pdff 2102 : 0°� 0 Px�lrniitli'rt A-I�'ingilineears Lk9:n't1fk9:nr.pdf 2023 0"q 24 -Fraser MPIH ILxl0�l0�t A.pdff [".k:.no11utilorn 2022-06.02 Aplproviinnq Major 1 IPlllain For If[ealltl0 Center At The Villllla-ac o At Grand g='ark.p(f c. Resolution 2023-02-02 Victoria Village Agreement Documents: [3eno11utilorn 2023-02.02 Vilctod:a VHIIaOk,' Aq;greer>r'neint.lpugff MAH[ D [ SA -A0'1 W30"2p3. P011 d. Baseline Planning Services Cost Review - Rob Documents: TB' 1M IPllaroiru.;"r Suairv�cr:;".s.lp0ff e. Support For US 40 Safety And Mobility Improvements - RAISE 2023 Documents: Letter Of °Su.aplport IF fir l30 40 Grant.pdff 6. Updates 7. Executive Session a. Executive 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) and For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). Regarding litigation. b. Executive Session For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). Town Manager Recruitment 8. Adjourn UPCOMING MEETING WEDNESDAY, FEBRUARY 8, 2023 BOARD OF TRUSTEES Board Staff Direct: Define the service, product or value Lead: Future focused planning to be delivered Protect: Establish the operational Manage: Now focused policy and procedural boundaries to be respected by Staff and monitored by the Board guidance to ensure on time, on budget, and on target service delivery Enable: Advocacy, resource development, Accomplish: Ensure the work defined by the and role discipline direction of the Board of Trustees is accomplished Please contact the Town Clerk to request accommodations to assist people with disabilities to participate in public meetings. Listening devices for people with hearing impairment are available upon request. Town Clerk, Antoinette McVeigh 970-531-9943 or amcveigh@town.fraser.co.us FRASER BOARD OF TRUSTEES MINUTES DATE: January 18, 2023 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room and Virtually PRESENT Board: Staff: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Lewis Gregory, Parnell Quinn and, Katie Soles Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh; Assistant Town Manager, Michael Brack; Finance Director, Rob Clemens; Marketing and Communications Manager, Sarah Wieck; Chief of Police Glen Trainor Others: See attached list Mayor Vandernail called the meeting to order at 7:05 p.m. 1. Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Lewis Gregory, Parnell Quinn and, Katie Soles 2. Approval of Agenda: Trustee Gregory moved, and Trustee Soles seconded the motion to approve the amended agenda removing item 5f Resolution 2023-01-04 Victoria Village Contract Award and the amended minutes of January 4, 2023. Motion carried: 5-0. 3. Consent Agenda: a) Minutes November 30, 2022 b) Minutes January 4, 2023 Trustee Quinn moved, and Trustee Waldow seconded the motion to approve the consent agenda. Motion carried: 5-0. 4. Open Forum: Mike Ziehler, Baseline costs. Will wait to comment during the discussion item. 5. Discussion and Possible Action: a) Grand County Historical Association Funding Request and Document and Photo Preservation Shanna Ganne, Executive Director presented. She requested waiving the building permit fees for the roof replacement. She also discussed that the GCHA could preserve any Fraser photos, documents or other items. Clark Lipscomb, Grand Park said he would match any funds the Board approved during the meeting. Page 2of3 Trustee Soles moved, based on the offer of the matching funds from Lipscomb motioned to approve a $10,000 donation to the Grand County Historical Association and waive the building permit fee, Trustee Quinn seconded the motion. Motion carried: 5-0. Staff will research what historical items are located at Town hall and who donated them prior to a decision on how to preserve them. b) Treasurer's Report, Finance Manager Rob Clemens c) Baseline Planning Services Cost Analysis, Finance Manager Rob Clemens Comments were taken by: Clark Lipscomb Grand Park, Greg Beckler Koselig on Main, Mike Ziehler Muse Drive, Kevin Rifkin Bison Development, and Megan Luther resident and realtor. Staff will gather additional information such as projected fees, reimbursable fees, what is working or not and assemble to present at a future meeting. d) Vacant Land Service Water Fees No action. There will be no change to the current status of vacant land service fee structure. e) Ordinance No. 490 Appointment to The Joint Facilities Oversite Committee Trustee Quinn moved, and Trustee Gregory seconded the motion to approve Ordinance No. 490 Appointment to The Joint Facilities Oversite Committee. Motion carried: 5-0. 6. Updates a) Trustee Gregory, Lions Ponds bathrooms are in progress. b) Trustee Soles attended a webinar regarding Prop. 122, 123 and 125. 7. Executive Session: For a conference with the Special Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6- 402(4)(e). Regarding litigation. Including Town Attorney Kent Whitmer, Town Manager Ed Cannon; Assistant Town Manager Michael Brack Trustee Waldow moved, and Trustee Soles seconded the motion to open the Executive Session at 8:22 p.m. Motion carried: 5-0. Trustee Quinn moved, and Trustee Gregory seconded the motion to close the Executive Session at 10:01 p.m. Motion carried: 5-0. Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire executive session, which was not recorded, constituted a privileged attorney -client communication. Page 3 of 3 Town Attorney 8. Adjourn: Trustee Quinn moved, and Trustee Gregory seconded the motion to adjourn. Motion carried: 5-0. Meeting adjourned at 10:02 p.m. Antoinette McVeigh, Town Clerk TOWN BO ARD REGULAR MEETING REGISTR ATI ON SHEET JANU ARY 18, 2023 The Public Fo rum is an opportu nity for the public to present their c oncer ns a nd re comme ndati ons regarding Tow n G overnment issues to the Town Board. Those wishing to address the T own B oard will be allowed a five-minute presentation. A maximum of six (6) pe ople will I be allo wed to address the Town Board at each Public F orum. If a t opic that you wish to discuss has been scheduled f or a formal Tow n Bo ard M eeting, we wo uld ask that you reserve your remarks f or that specific date and time. Topics that are in litigation with the T own will no t be heard durin g this forum. All presenters are urged to: (1) state the c oncern; and (2) list possible s oluti ons. Ple ase keep the following guide lines in mind: Remarks that discriminate against anyone or ad versely reflect up on the race, col or, ancestry, religious cre ed, national origi n, political affiliatio n, disability, sex, or marita l status of a ny pers on are out oforderand may end the speaker's pri vilege to address the B oard. De famatory or abusiv e remarks or profanity are out of order and will not be tolerated . Anyo ne a ttending Town Bo ard meetings must sign in to ensure accurate rec ords and minute s. Sign y our name, address, and email on the sign in sheet. Thank yo u fo r yo ur cooperatio n. NAME PHYSICAL ADDRESS EMAIL E\ iF=,f1 lJ q j ( C� 1 F ,, e 5 e S 4 Va. L 0 7�-. �„ ...,-,6 TOWN OF FRASER RESOLUTION NO. 2023-02-01 A RESOLUTION AUTHORIZING THE EXPENDITURE TO UPDATE, VERIFY AND CALIBRATE THE WATER MODEL. WHEREAS, the 2023 Budget provides $70,000 for engineering fees. 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 Town Manager to expend up to $38,258 for Merrick to coordinate with town staff to run scenarios, add additional infrastructure, calibrate, and validate the town water model. 2. Said purchases must be completed by the end of October 2023 or the approval will no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS DAY OF FEBRUARY 2023. Votes in favor: Votes opposed: Absent: Abstained: (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk MEMO TO: FROM: DATE: SUBJECT: gpmplry WINabbam Mayor Vandernail and the Board of Trustees Lucus C. Seffens, Utilities Superintendent 2-2-2023 Water System Model Updates SUBJECT: Consideration of A Resolution Authorizing Merrick to run scenarios, add additional infrastructure, calibrate, and validate the Town of Fraser's Water System Model in The Amount of $34,780 and a Contingency amount of $3,478. DEPARTMENT: Public Works PRESENTER/PREPARER: Lucus C. Seffens, Utilities Superintendent FISCAL INFORMATION: Cost as Recommended: $38,258 Balance Available: $70,000 Fund: Engineering Fees Budget Line Item Number: 50-40-330 New Appropriation Required: No REQUESTED ACTON: Approve the Resolution to appropriate funding from Engineering Fees (50-40-330) of the 2023 Water Fund and authorize the appropriate Town officer to expend said funds and contingency funds. SUMMARY AND BACKGROUND OF SUBJECT MATTER: A working town water model is necessary to analyze and approve changes to the town's water system for future development projects. The existing town water model was created Brown & Caldwell for the 2008 Water Supply Master Study. The model has been updated once in 2020 as part of the Water Distribution Master Plan and was limited in scope for the evaluation for future storage tanks. 11:30 1.'.'.:.'" 1) 3 "d, U°r b pi ', � „ °"tl n x (14,1 2 iuffk: 9"70 .., The bulk of the data in the model has not been updated since 2007, and the entire model has not been verified or re -calibrated in 15 years. In order to have a reliable tool for verifying the effects of development or changes to the water system, we would need to add new appurtenances, verify existing data, and re -calibrate under existing conditions. Scope of Work: Project Management and Meetings $7,930 Data Collection and Coordination $700 Model Calibration $8,400 Model Update and Scenarios $17,750 Contingency (10%) $3478 Total $38,258 PROJECT SCHEDULE: Notice of Award February 2nd, 2023 Completed By October 31st, 2023 ATTACHMENTS: Proposal for Water System Model Updates — Revised January 11, 2023 STAFF RECOMMENDATION: Motion to approve Resolution No. 2023-02-01 authorizing the Town Manager to contract Merrick to update, verify and calibrate the Town of Fraser's Water System Model in an amount not to exceed $38,258. 'fawn ofII r r R°R MERRICK® ❑o❑ January 11, 2023 Ed Cannon, Town Manager And Town Management Team Town of Fraser P.O. Box 370 153 Fraser Avenue, Fraser, Colorado 80442 RE: Proposal for Water System Model Updates - Revised Dear Ed and Town Management Team: Merrick & Company (Merrick) is pleased to present this revised proposal to update the existing WaterGems Model to reflect the current water system for the Town of Fraser (Town). Revisions were made to better meet the Town's expectations for scope and budget. Deletions are shown in strikethrough. It is anticipated that this work could be completed under our ongoing services agreement with the Town. Purpose and Background It is Merrick's understanding that the Town desires to have a working water model for use in ongoing evaluations of water -asset interests, including new development reviews, improvements to aging infrastructure, and responding to water system questions. It appears that the existing water distribution system model was created in 2007 as part of the 2008 Water Supply Master Study (Brown & Caldwell). Since the completion of that effort, the model has been updated once in 2020 as part of the Water Distribution Master Plan (Bowman Consulting). The 2020 update was limited in scope to the areas of Byers Peak Ranch, Pole Yard, and Grand Park as part of an evaluation for future storage tanks. Based on our review of the existing model, it appears that the bulk of the existing data in the model, including the heart of the Town of Fraser, has not been updated since 2007 and that the entire model has not been verified/re-calibrated in over 15 years. The scope of work recommended in this proposal will bring the outdated model into present-day conditions, once again making it a useful and reliable tool for the Town. The proposed scope of services are detailed on the following pages. Employee Owned hello@merrick.com www.merrick.com Scope of Services Task 1 — General Project Management and Meetings Three virtual meetings with Town staff with one for the kickoff, one meeting during development of the model, and one meeting for review after the model is complete. Each meeting is assumed to last one hour and will include a meeting summary as the deliverable. During the kickoff meeting we will confirm the project scope, key tasks, and deliverables. This discussion with confirm which water districts to include in the model, which developments, which possible annexations, and to determine on an appropriate level of detail. Merrick will issue a monthly report of project activities and an invoice to the Town. Task 2 — Existing Data Collection and Coordination Merrick will request the following information from the Town • Most current GIS maps of the water system, to include both the North and South systems, • Maps of development areas for planned construction, that include either the number of project lots or number of projected SFEs, • Zoning information (to confirm fire flow requirements at the taps), • Drawings or narrative information for areas in which pipe replacement has occurred between 2006 to the present, and • Briefing and introductions on proposed interconnect agreements between Winter Park Ranch and Grand County tt1. As part of the effort to add interconnects for Winter Park Ranch and Grand County tt1 into the model, Merrick will coordinate with both districts to dctcrminc a location for ach District and ensure thc correct information about flows and pressures is included at these interconnect points. Task 3 — Model Calibration This task includes verifying the model for current conditions to reflect observed flows and pressures in the field. Verification will evaluate the calibration values found in 2007 based on 2023 hydrant tests and evaluation of pipeline coefficients. • This task will include two hydrant tests: one for the North System and one for the South System. It is assumed that Merrick and Town Staff will determine which hydrants are most representative of the systems and that the Town will conduct the test. It is assumed that the Town will provide a hydrant meter, back flow preventer, and a flow meter. Merrick will observe the test. • Individual roughness coefficients for pipe materials for each system will be reviewed and perhaps modified depending on the hydrant testing results. Roughness coefficient values may also vary based on old or new pipe elements. • The deliverable will include a technical mcmorandum to documcnt thc calibration. 2 Task 4— Model Update and Scenario Runs Update of the model to reflect 2022 existing conditions. The model update will include the following development tasks: • Creating a new scenario for existing 2022 conditions based on the 2020 Bowman scenarios for storage tanks. These will include average day, maximum day, maximum day + fire flow, and peak hour demand event scenarios. • Updating infrastructure for 2022 conditions to reflect new, replaced, and abandoned infrastructure elements, which includes and may not be limited to: o Adding linework, elevations, pipe characteristics, o Revising the active elements, and o Reviewing connectivity and impacts to model results. • Updating demands for 2022 conditions to reflect the total number of taps, tap locations for the North and South systems, and fire flow requirements at each tap based on updated zoning information. • Adding thc proposed intcrconnccts and demands to represent thc connection with Winter Park Ranch and Grand County It1. We will run scenarios to understand how thc Town may bc impacted by both intcrconnccts. For this proposal, we have assumed that we will deliver a technical memorandum summary of updates reflected in the 2023 model, a PDF exhibit of the final model buildout, and the 2023 compiled WaterGems map package. Draft versions before the final meeting will be shared electronically for review and comments ahead of meetings. Qua-esti-0-ns Merrick proposes that futurc dcvclopmcnt proposals submittcd for deign rcvicw bc modeled in relation to thc entire systcm. Frequently a new dcvclopmcnt may cause off site deficiencies in existing infrastructure such as failure to meet fire flow, watcr storage tank draining, or pipc conditions that do not mcct Town standards for velocity. Mcrrick with consult Baseline and thc Town to reviews will include a statement showing compliance with required prc-cures and an exhibit of thc development in relation to the rest of the system. distribution system. Questions about dead ends and looping, impact of proposed annexations, or set point on PRVs could be modeled. Merrick proposes a time & materials budget line item not to exceed $10,000. A simple development review model is anticipated to require four to six hours to analyze, for example. A more complex dcvclopmcnt rcvicw that causes off site effects is anticipatcd to require cight or morc hours to analyze. 3 Assumptions This work does not include the following: • Modeling of raw water supply wells and pumps, and raw water transmission piping. • Survey to obtain elevations for assets. • Any updates or review of the booster pump stations. • Re-evaluation of typical demand values on a per tap basis. Average demands per tap, as well as maximum day and peak hour peaking factors, will reflect the values derived and used in the original 2008 Brown & Caldwell Water Supply Master Study. • Merrick assumes the information represented in the WaterGems model updated by Bowman in 2020 is correct and appropriate for use. Therefore, no additional modeling to tank assets for existing conditions will be done. Fee We have estimated a fee to update the Town of Fraser's water system model at $34,780 $51,300. The fee is based on an hourly rate plus expenses basis in accordance with the 2023 rate schedule. Please contact us if you have any questions or concerns regarding these proposed services. Sincerely, Merrick and Company Julie Koehler, P.E. Senior Project Manager The above proposal is accepted by the Town of Fraser, and the Engineer is authorized to proceed with the work. By: Date: 4 Prop osed Fee - Re vised DO 000 MERRICK® Town of Fraser 000 , Water Model Update Pr oj ect N o.: (Unas signed) Sheet: 1 of 1 By: RH Checked: JBK Date: 12/20/2022 11 -Jan -23 Task Description Merrick & Company Direct Costs ( Mileage and Misc .) Total Tech Advis or QA/QC (K oehler) Project Engineer (Hutchinson, Beikmann) Admin (Ramser, McMaster) Total Hours L abor ($) $250.00 $175 .00 $110 .00 Tasks 1 Project Managemen t, Meetings, and Workshops 1. 1 Kickoff Me eting (virtual) 4 8 1 13 $2,510 $2,510 1.2 Progre ss Meetings (2) (virtual) 6 12 1 19 $3,710 $3,710 1.3 Monthly Reports and Invoices 6 6 12 $1,710 $1,710 2 S ubtotal 44 $7,930 $7,930 E xisting Data Co llection and Co ordinatio n 2. 1 Review Existing Data and Previous Calibration Evaluation 0 4 4 $700 $700 2.2 Coordina tion Winter Park Ranch, Grand County ttl 4 12 16 $0 with 3 Subt otal 20 $700 $700 Mo del Calibration 3.1 Define Updated Calibration 2 16 18 $3,300 $200 $3,500 3. 2 Hydrant Testing - 1 day field work 12 12 $2,100 $2,100 3.3 Input Hydrant Test Data 16 16 $2,800 $2,800 3.4 Tech Memo 1 2 2 5 $820 4 Subto tal 51 $9,020 $8,400 Mode l Update a nd Sce na rios 4.1 Update Infrastructure for Current Conditions 1 44 45 $7,950 $7,950 4.1 Update Demands for Current Conditions 1 16 17 $3,050 $3,050 4.1 Create New Scena rio and For Demand Scenarios 1 12 13 $2,350 $2,350 4.1 Tech Memo with Results from Scenarios 4 12 16 $3,100 $3,100 4.1 PDF Ex hibit of Final M odel Buildout 1 4 5 $950 $950 4. 1 Provide Wate rGems Package to Town 2 2 $350 $350 5 Subtotal 98 $7,950 $17,750 O ptio nal - Developme nt/Town Modelin g R ev iews 5.1 Allo wance Timc & Materials for Specific Re quests $0 Subt otal $0 To tal Hou rs = 25 178 10 213 Total = $6,250 $31,150 $1,100 $25,600 $200 $34,780 No tes : 1 Denver O ffice to Fraser = 144 miles round trip Filename: Fo rmatte d Mo deling Effort - Fee 2022 12 19 Page 1 of 1 Date Printed: 1/11/2023 MEMO TO: FROM: DATE: SUBJECT: COLORADO I� �um°'il a ppu m ipi Mayor Vandernail and the Board of Trustees Ed Cannon, Town Manager January 4, 2023 Kremmling Memorial Hospital District Construction Guarantee Agreement (CGA) MATTER BEFORE BOARD: Approve CGA for the Fraser Middle Park Health Center ATTACHMENTS: CGA PC Resolution 2022-06-02 DETAIL: Fraser Planning Commission Resolution 2022-06-02 approved the Major Site Plan for the Fraser Middle Park Health Center to be constructed at the Village at Grand Park, Filing 2, Lot 12C. The resolution requires a CGA and appropriate surety prior to building permit issue. Kremmling Memorial Hospital District requested Fraser waive the surety requirement due to their statue as a health services district and political subdivision of the State of Colorado. FINANCIAL IMPACTS: The CGA includes language that allows the Town of Fraser to complete the public improvements in the event of a default and require reimbursement from the developer (CGA paragraph 6). As a political subdivision of the state, the likelihood of default is minimal. RECOMMENDATION: Authorize the Fraser Mayor to sign the CGA I"CY 8C.4 "'M n kre a r f)13.x " �,;^a CONSTRUCTION GUARANTEE AGREEMENT CONSTRUCTION GUARANTEE AGREEMENT THIS AGREEMENT is made and entered into as of this day of January 2023, by and between Kremmling Memorial Hospital District, whose address is 214 4th Street, Kremmling, CO 80459, hereinafter referred to as "Developer", and the Town of Fraser, a municipal corporation of the State of Colorado, whose address is 153 Fraser Avenue, P.O. Box 370, Fraser, Colorado 80442, hereinafter referred to as "Fraser" or "Town", together referred to as "the Parties". WHEREAS, Developer is the owner of certain real property located within Fraser, legally described as Lot 12C as described in the Final Plat of the Village at Grand Park - Filing No. 2, Lot 12C, as recorded with the Clerk and Recorder of Grand County, Colorado on September 30, 2019 at Reception No. 2019007844 on which Developer intends to construct certain improvements (hereinafter, the "Project"); and WHEREAS, Developer has applied for the issuance of a land use approval for the Project pursuant to Chapter 19 of the Fraser Municipal Code; and WHEREAS, Fraser's regulations at Section 19-3-425(a) require that as a condition of approval appropriate construction guarantees to ensure that necessary construction features and public improvements are constructed in accordance with the approved Development Plans and to ensure restoration and revegetation of the site if the Project is abandoned; and WHEREAS, Fraser and Developer have entered into this Agreement to satisfy such requirement with respect to the land approval for the Project. NOW, THEREFORE, the Parties agree as follows: (1) Development Plans. The "Development Plans" shall mean the site plan, landscape plan, grading, drainage, and erosion control plan, utility plan and any other related plans and specifications and construction documents for the Development Project, as submitted to and approved by Fraser as part of the land use approval for the Project. (2) Secured Improvements. The "Secured Improvements" shall mean the utility installations, lighting, landscaping, parking, snow storage areas, and other improvements for which security is to be provided in accordance with this Agreement. The Secured Improvements are listed on Exhibit A attached hereto. (3) Construction, Inspections, Acceptance, and other Matters. The Developer shall cause all public and private improvements depicted on the Development Plans, including but not limited to the Secured Improvements, to be constructed and completed, at its expense, in accordance with the land use approval, the Development Plans, the Town of Fraser design and construction standards (Refer to Chapter 14 of the Fraser Municipal Code), and any other applicable regulations of Fraser. (a) All such public and private improvements shall be completed before all or any portion of any lot or unit in the Project may be sold or leased and before any approval for occupancy is issued for any building or structure within the Project. Further, all such improvements shall be substantially completed not later than two (2) years after the date of this Agreement, unless an extension of time is granted by Fraser in writing for good cause, as determined by Fraser. Requests for extension must be submitted by Developer, in writing, to Fraser at the address set forth above. (b) The provisions of the Fraser subdivision regulations, as contained in Chapter 19, Article 3 of the Fraser Municipal Code, and particularly Division 4 of that Article, as such regulations may be amended from time to time by Fraser, shall govern with respect to the inspection and acceptance of the Secured Improvements, and all other matters relating to Developer's obligation with respect to the Secured Improvements that are not specifically addressed in this Agreement. The Fraser building regulations, as contained in Chapter 18 of the Fraser Municipal Code, as such regulations may be amended from time to time by Fraser, shall govern with respect to the Page 1 of 6 inspection and acceptance of those improvements depicted on the Development Plans other than the Secured Improvements. Financial Security for Performance and Payment. In consideration of Developer's status as a health services district and political subdivision of the State of Colorado, Fraser hereby agrees to waive the requirement for financial security for performance and payment. Warranties of Developer. Developer warrants that the Secured Improvements will be installed in a good and workmanlike manner and in substantial compliance with the Development Plans and requirements of this Agreement and shall be substantially free of defects in materials and workmanship. These warranties of Developer shall remain in force and effect as to any completed Secured Improvements until the lapse of one (1) year after preliminary acceptance of the Secured Improvements, and until final acceptance of such Improvements as provided in the Fraser subdivision regulations. To the extent the Secured Improvements include required landscaping, the Developer shall maintain such landscaping during the one-year warranty period. Default and Remedies. Time is of the essence hereof with respect to the performance of Developer's obligations provided in this Agreement. If Developer defaults in the performance of any such obligations in the time and manner provided herein, and if such default is not cured within thirty (30) days after written notice of the default is given by Fraser to Developer, then Fraser shall have the following remedies: (a) If the default relates to construction of Secured Improvements, the Fraser Town Manager may stop work on any improvements until a schedule and agreement on compliance for construction has been reached; Fraser may, but shall not be required to, have the Secured Improvements constructed, completed or corrected by such means and in such manner as Fraser shall determine, with or without public bidding; and Fraser shall have the right to require reimbursement from the Developer to pay for the construction, completion or correction of such Secured Improvements. (b) If the default consists of Developer's failure to complete all public and private improvements within the time provided in this Agreement and any extensions granted by Fraser, then Fraser may revoke the land use approval for the Project; and Fraser may proceed with restoring and revegetating the site, which may include removal of any uncompleted improvements, and requiring reimbursement from the Developer to pay for the costs thereof. (c) All costs and expenses incurred by Fraser as a result of such default and the exercise of the remedies provided herein, including reasonable attorney fees, shall be chargeable to Developer and shall be paid by the Developer upon demand. The remedies provided above are cumulative in nature and nonexclusive. Fraser may pursue any other remedies it may have under Colorado law, including, without limitation, the right to bring suit against the Developer for injunctive relief, for specific performance of this Agreement, or to recover damages for the breach of this Agreement. Additional Provisions. (a) Applicable Law. This Agreement, and the terms, conditions and covenants herein contained, shall be deemed to complement and shall be in addition to the conditions and requirements of the Fraser Municipal Code and other applicable laws, rules and regulations. (b) Severability. If any part, term, or provision of this Agreement is held by any court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. Page 2 of 6 (c) Complete Agreement. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein except that Developer shall be bound by, and comply with, all conditions and obligations, provided in applicable Fraser ordinances and regulations, as amended from time to time by Fraser. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties. There shall be no modification of the Agreement except in writing, executed with the same formalities as this instrument. (d) No Waiver. No waiver of any of the provisions of this Agreement shall be valid or binding unless in writing, signed by the party whose rights are waived, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. (e) Consent to Jurisdiction and Venue. Jurisdiction and venue for any civil action commenced by either party to this Agreement with respect to this Agreement or any security provided pursuant to this Agreement shall be proper only if such action is commenced in the District Court for Grand County, Colorado. Developer expressly waives the right to bring such action in or to remove such action to any other court, whether state or federal. (f) No Third -Party Beneficiaries. Except as herein provided, no person or entity, other than a party to this Agreement, shall have any right of action under this Agreement including, but not limited to, lenders, lot or home buyers and materialmen, laborers or others providing work, services, or materials for the improvements. Recording. This Agreement shall be recorded in the Grand County Clerk and Recorder's Office and shall be deemed to run with the land (being the described Project), and the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (g) Page 3 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as of the day and year first above written. FRASER DEVELOPER TOWN OF FRASER, a municipal KREMMLING MEMORIAL HOSPITAL DISTRICT corporation of the State of Colorado BY: BY: Mayor Title: ATTEST: Town Clerk (SEAL) STATE OF COLORADO )SS COUNTY OF GRAND The foregoing instrument was acknowledged before me this day of , 20 , by , as Mayor, and , as Town Clerk, of the Town of Fraser, Colorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public (SEAL) STATE OF SS COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as , of Kremmling Memorial Hospital District, Developer. Witness my hand and official seal. My commission expires: Notary Public Page 4 of 6 Page 5 of 6 Exhibit A Secured Improvements Improvement 1. Earthwork 2. Asphalt Paving 3. Site Utilities 4. Site Lighting 5. Landscaping — Grasses 141, Shrubs 359, Trees 56 (Ord. 452 §1(Exh. A), 2018) 4875-8504-8130, v. 1 Page 6 of 6 Construction Guarantee Agreement November 11, 2022 Town of Fraser Planning Department Planning Department PO Box 775088 Steamboat Springs, CO 80477 RE: Construction Guarantee Agreement Exhibit A To Whom it May Concern: Landmark Job No. 2152-019 I have reviewed the construction costs estimates in Exhibit A of the Construction Guarantee Agreement associated with the Fraser Middle Park Health Major Site Plan. Based on the Building Permit Plans prepared for the project dated 7/29/2022, the Construction Cost Estimate prepared by Layton Construction and dated 9/23/2022, and my judgment as an engineer familiar with the construction industry; the improvements and costs listed in Exhibit A appear representative of the construction costs associated with the Site Plan approval. Landmark Consultants has no control over the cost or availability of labor, equipment, or materials, or over market conditions or the Contractor's method of pricing. Therefore, Landmark Consultants cannot and does not guarantee that proposals, bids, or the construction cost will not vary from those listed in Exhibit A. Sincerely, Landmark Consultants, Inc. Ryan Spaustat, PE A.R ,. m �. 11 0000 „ 1419th Sk•Sieaittho, ,Ta.80477.(970)871:9494•a AJa'ndJmaIkco.corn Exhibit A Secured Improvements Improvement Estimated Cost 1. Earthwork $ 477,155 2. Asphalt Paving $ 252,193 3. Site Utilities $ 785,571 4. Site Lighting $ 108,000 5. Landscaping- Grasses 141, Shrubs 359, Trees 56 $ 321,597 6. Contractor Contingency $ 93,156 Project Total $2,037,672 125% SURETY AMOUNT $2,292,381 (Ord. 452 §1(Exh. A), 2018) Page 5 of 5 FRASER PLANNING COMMISSION RESOLUTION NO. 2022-06-02 A RESOLUTION APPROVING A MAJOR SITE PLAN FOR A NEW FRASER HEALTH CENTER TO BE LOCATED AT THE VILLAGE AT GRAND PARK, FILING 2, LOT 12C, TOWN OF FRASER, GRAND COUNTY, COLORADO, PART OF SEC. 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM. WHEREAS, at the regular meeting of the Fraser Planning Commission held on June 22, 2022, Paul Garland of Davis Partnership Architect, on behalf of Kremmling Memorial Hospital District, a Colorado Special Tax District AKA Middle Park Health, requested approval for a Major Site Plan for a new Fraser Health Center; and WHEREAS, Kremmling Memorial Hospital District is the current owner of the property; and WHEREAS, the applicant is requesting major site plan approval which would allow for the construction of a 27,345 square foot medical clinic with 53 parking spaces and 46,495 square feet of landscaped area on Lot 12C, Village at Grand Park, Filing 2 in Fraser; and WHEREAS, Staff has determined that this application is in compliance with the Land Development Code of the Town of Fraser when the conditions listed below have been addressed. NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission has voted to approve this development application with the following conditions: 1. Applicant to address Agency Review Comments included in the packet, and revise and resubmit documents accordingly. 2. A Construction Guarantee Agreement (CGA) and appropriate security shall be submitted and approved prior to building permit issuance. APPROVED AND ADOPTED THIS 22nd DAY OF JUNE, 2022. ANNI ,C. MMIVIISSION, Mayor ATTEST: TOWN OF FRASER RESOLUTION NO. 2023-02-02 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH MOUNTAIN AFFORDABLE HOUSING DEVELOPMENT LLC FOR THE COMPLETION OF VICTORIA VILLAGE SUBDIVISION WHEREAS, the attached agreement designates Mountain Affordable Housing Development LLC as the chosen developer for the Victoria Village Subdivision. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town of Fraser Trustees authorizes the Town Manager to enter into contract with Mountain Affordable Housing Development LLC for the completion of Victoria Village READ, PASSED ON ROLL CALL VOTE, AND ADOPTED THIS 1ST DAY OF FEBRUARY 2023. Votes in favor: Votes opposed: Abstained: Absent: (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk AGREEMENT FOR PLANNING and PRECONSTRUCTION DEVELOPMENT SERVICES (Mountain Affordable Housing Development LLC) CLIENT: Town of Fraser Town Manager 153 Fraser Avenue, Fraser, CO 80442 PROJECT ADDRESS AND DESCRIPTION: The Victoria Village Subdivision, identified as Lots 1 through 8, inclusive, Block, A, Lots 1 through 9, Block, B, Lots 1 through 8, inclusive, Block, C, Lots 1 through 8, inclusive, Block, D, Lots 1 through 8, inclusive, Block, E, Lots 1 through 5, inclusive, Block, F, also known as 225 Park Ave, Fraser, CO 80442 Town of Fraser, a Colorado statutory municipality ("Town") hereby retains Mountain Affordable Housing Development LLC, a Colorado limited liability company ("MAHD") (each a "Party" and together the "Parties") to provide the services described generally below as may be requested by Town and as may be agreed by MAHD, upon and subject to all the terms and provisions of this Agreement. This Agreement is effective as of January 5, 2023 (the "Effective Date"). 1. Services. 1.1. MAHD shall provide such professional services as Town may request and as MAHD may agree. Such services shall be those services that are customarily performed for the planning and preconstruction phases of a multi -residence, mountain affordable housing construction project (the "Project"), and include without limitation, those services and subcontractors that are listed on Exhibit A (the "Services"), attached hereto and incorporated herein. 1.2. MAHD shall act as Town's representative with respect to the management of the Project. MAHD will assist the Town in the preconstruction, development, and administration of the Project with regard to master planning, design (including coordination of the work to be performed by professional engineering and licensed architectural service providers involved with the Project), site entitlements, permitting, project financing, constructability (including cost estimating, construction planning, scheduling, and bidding), negotiating with/ managing professional services providers (other than the construction manager/ general contractor), and overall program management and preconstruction administration. The Services include, without limitation, Exhibit A and the tasks and functions described in this paragraph. 1.3. MAHD shall perform the Services as expeditiously as is consistent with professional skill and care and the orderly progress of the work. 1.4. Nothing herein will make MAHD the agent of Town or will create a joint venture partnership or any similar arrangement. 2. Compensation. 2.1. MAHD will invoice Town monthly for the Services performed. The fee payable by Town to MAHD shall be based upon the level of effort employed by MAHD in performing the Services at the rates set forth in Exhibit B attached hereto and incorporated herein. MAHD invoices to Town will include a breakdown of the hours spent by MAHD and costs of subcontractors used. For services rendered through Planning and Programming, MAHD shall not exceed a total fee of $762.715, including reimbursable expenses and administrative fees as described in paragraph 2.2, without the prior written consent of Town and amendment of this Agreement. Fees and expenses for the remaining Design and Preconstruction services shall also be added via amendment to this Agreement as mutually agreed to by MAHD and the Town. All invoices are due upon receipt. In the event Town disputes any of the fees or expenses on a specific invoice, the Town shall notify MAHD of such a dispute within ten (10) days of receipt of the invoice. If Town fails to notify MAHD within the ten (10) day period, the Town shall have waived its right to dispute such invoice. 2.2. Town will reimburse MAHD for actual, reasonable, and documented out-of-pocket expenses incurred on behalf of Town in performing the Services hereunder. Reimbursable expenses include, but are not limited to, fees payable to professional service providers (subcontractors), insurance and/ or other forms of surety, preparation and reproduction of documents related to the Project, (including blueprints, sepias, copying and other reproduction techniques), transmittal of documents by messenger or special delivery, and travel expenses including parking fees. 2.3. If MAHD and any of its managers, members, and/ or employees are required to testify or provide evidence at or in connection with any judicial or administrative proceeding relating to this Agreement to which MAHD is not a party, Town will compensate MAHD at its regular hourly rates and reimburse MAHD for reasonable direct and allocated expenses (including counsel fees) with respect thereto. 3. Termination. 3.1. Town has the right to terminate this Agreement at any time for any reason or no reason upon not less than thirty (30) days' written notice to MAHD. MAHD has the right to terminate this Agreement at any time for any reason or no reason upon not less than thirty (30) days' written notice to Town. In the event of such termination, provided MAHD is not in default hereunder, Town will pay to MAHD within fifteen (15) days of such termination all fees and expenses owing to MAHD. Upon any such termination of this Agreement, MAHD will promptly (and as a condition to the final payment of fee and expenses) deliver to Town originals or, to the extent it does not have originals, copies of all documents in MAHD's possession relating to the Project and MAHD's services hereunder, provided that MAHD will have the right to retain copies of all such documents in its permanent records. 3.2. Either Party has the right to terminate this Agreement as a result of other's default, if such default is not cured within fifteen (15) days after written notice of default, or such reasonable longer time if said default is not curable within fifteen (15) days and the Party in default has commenced and continues efforts to cure said default within such reasonable time. In the event of an uncured default, the non -defaulting Party shall have all rights and remedies available to it under this Agreement and at law. 4. Relationship of the Parties. 4.1. MAHD and Town agree that MAHD is an independent contractor, and their relationship shall be governed solely by the terms of this Agreement. 4.2. Town currently anticipates entering into one or more separate Development Services Agreements with MAHD by which MAHD will provide, or contract with additional engineering and design, material procurement, prefabrication, construction, construction administration, continued program and development management, financial consulting, leasing, property management, sales, and other advisory services that may be required for completion of the Project. As set forth in Exhibit A, MAHD shall request and review subcontractors' insurance certificates to confirm coverages acceptable to Town in coverage amounts consistent with Section 6 below for worker's compensation, commercial general liability, contractor's risk, commercial auto, and professional liability. Town reserves the right to abandon or modify the Project, in Town's sole discretion. 4.3. Town understands that MAHD will continue to conduct its usual business activities and not confine its efforts solely to the activities provided under this Agreement; provided, however, that MAHD will commit the resources and personnel necessary to successfully complete the Services required hereunder and, provided further, that as an inducement to Town to enter into this Agreement, MAHD agrees that Todd Mohr and Matthew Ginzberg will be personally involved and responsible for performing the Services required hereunder. Because Town has hired MAHD for its professional expertise, MAHD agrees not to employ subcontractors to perform any Services except as expressly set forth in Exhibit A. Subcontractors shall be required to personally perform the Services; there shall be no subcontracting by subcontractors. 5. Indemnification. 5.1. To the fullest extent permitted by law, MAHD agrees to indemnify, defend and hold harmless the Town, its officers, directors, affiliates, agents and employees from and against all claims, damages, losses and expenses, including, without limitation, attorneys' fees, arising out of or relating to MAHD's work on the Project under this Agreement including professional liability, bodily injury, sickness, disease or death, injury or destruction of any property and any losses resulting therefrom, and to the extent caused by the negligent act or omission of MAHD, its agents or employees, or breach of this Agreement. 5.2. Town agrees that MAHD shall not be liable under this Agreement to Town, or their respective successors, assigns, or affiliates for damages in excess of the Town's direct, proven damages up to the total amount payable under the insurance policies required of MAHD under this Agreement. In no event shall MAHD be liable for punitive or consequential damages of any kind. 5.3. Town shall hold harmless MAHD and its subcontractors and against any and all claims by third parties for losses, damages, or liabilities, including reasonable attorneys' fees and expenses ("Losses"), arising in any manner out of or in connection with this Agreement, unless it is finally judicially determined that such Losses resulted from the negligent act or omission of MAHD or its subcontractors. The terms of this paragraph shall survive the termination of this Agreement and shall apply to any member, officer, director, manager, controlling person, employee, or affiliate of MAHD. 6. Insurance. 6.1. At all times during the course of the Services, MAHD will maintain the following: 6.1.1. Professional liability insurance covering any liability, on the part of MAHD, arising out of an error, omission or negligent act in the performance, or lack thereof, of professional services rendered to Town, and any property damage, or injury or death resulting therefrom, with an aggregate limit of not less than Two Million Dollars ($2,000,000); 6.1.2. A policy of general liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, 6.1.3. A comprehensive automobile liability insurance policy written on an occurrence basis that provides coverage for owned, hired, rented and non -owned vehicles with a combined single limit of liability of not less than One Million Dollars ($1,000,000) for each occurrence of bodily injury and property damage; 6.1.4. An umbrella or excess liability policy written in excess of the coverages provided by the insurance policies described in the preceding Sections 6.1.1, 6.1.2, and 6.1.3 of not less than Three Million Dollars ($3,000,000) with an insurance carrier licensed to do business in the State of Colorado and with a Best Rating of not less than A; and 6.1.5. Workers' compensation insurance as required by law. 7. Miscellaneous. 7.1 This Agreement will be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Grand County, Colorado. 7.2 Town and MAHD, respectively, bind themselves, their partners, successors, assigns and legal representatives to this Agreement and to the partners, successors, assigns and legal representatives of the other Party with respect to all covenants of this Agreement. Neither Town nor MAHD may assign or delegate this Agreement without the prior written consent of the other. 7.3 This Agreement represents the entire and integrated agreement between Town and MAHD and supersedes all prior negotiations, representations, or agreements, either oral or written. 7.4 This Agreement may be amended only by written instrument signed by both Town and MAHD. 7.5 In the event of any litigation between the Parties concerning enforcement or interpretation of the terms and provisions of this Agreement, the Party prevailing in such dispute shall be entitled to collect from the other Party all costs incurred in such dispute, including reasonable attorneys' fees. 7.6 Governmental Immunity. Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended, or otherwise available to Town and its officers, attorneys, or employees. 7.7 Rights and Remedies. The rights and remedies of the Parties under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Parties 's legal or equitable remedies, or the period in which such remedies may be asserted, including for work negligently performed. 7.8. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 7.9 Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. 7.10 Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. 7.11 No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. 7.12 Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. 7.13 Third Parties. There are no intended third -party beneficiaries to this Agreement. Executed as of the Effective Date. [signatures on following pages] MOUNTAIN AFFORDABLE HOUSING DEVELOPMENT LLC, a Colorado limited liability company By: Name: Title: State of Colorado ) ) ss. County of ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2023, by as of Mountain Affordable Housing Development, LLC. My commission expires: (Seal) Notary Public TOWN OF FRASER, a Colorado statutory municipality Ed Cannon, Town Manager ATTEST: Antoinette McVeigh, Town Clerk EXHIBIT A Scope of Services: Scope of Services to Agreement dated January 5, 2023, between Mountain Affordable Housing Development, LLC. ("MAHD") and Town of Fraser ("Town") MAHD will provide master planning, design, financing, financial advisory, development, program management, and other preconstruction services in alignment with the needs and goals of Town and will serve as an advisor to Town. MAHD's services for the initial phase of development through the first LIHTC award will include the following. Such services shall however be subject to change by MAHD, in its sole determination, based on Project circumstances and needs. Master Planning Task I - Project Initiation and Orientation • Conduct initiation and project orientation meeting with the Town of Fraser; • Confirm project goals and initiatives; • Review and confirm planning process and schedule; • Prepare community outreach schedule and dates; • Update Site Analysis and environmental report information including geology, vegetation, wetlands, wildlife, etc. • Conduct community outreach and stakeholder meetings to review existing conditions and project goals. Prepares summary of meetings and workshops. Task II — Visioning and Programming • Prepare community visioning exhibits and documents; • Prepare development program alternatives (i.e., residential, commercial, open space, recreation, etc.); • Conduct community outreach and stakeholder meetings to review visioning exhibits and programming alternatives. Prepares summary of meetings and workshops. • Prepare refined development program. Task III - Preliminary Master Plan Alternatives • Prepare refined development program (i.e., residential, commercial, open space, etc.); • Review and incorporate updated environmental information and studies; • Coordinate with Town of Fraser Planning and Publics Works Department; • Prepare preliminary master plan alternatives (1-3 alternatives) that incorporates the development program; • Conduct community outreach and stakeholder meetings to review preliminary master plan alternatives. Prepares summary of meetings and workshops. Task IV — Final Visioning and Master Plan • Prepare final master plan based on Task I -IV comments. This master plan will include statistical information related to site data, density, open space, etc. for the property and respective planning areas; • Prepare final open space and amenity plan; • Prepare Phasing Plan; • Coordinate with the Town of Fraser regarding final master plan; • Prepare final visioning documents. • Conduct community outreach and stakeholder meetings to review final master plan and visioning documents. Prepares summary of meetings and workshops. Task V — Entitlements and Approvals • Conduct pre -submittal meeting; • Prepare Major Site Plan Application • Prepare preliminary plat • Prepare final plat • Conduct community outreach and public hearings • Process building permits Geotechnical Engineering MAHD will engage a licensed professional engineering firm to provide geotechnical analysis and design. Geotechnical engineering services for the first development phase include the following tasks and deliverables. • Review existing geotechnical evaluation report(s), if any; • Drill exploratory borings in proposed development areas; • Conduct a laboratory testing and analysis program on selected samples obtained from the borings; • Analyze the data obtained from the field and laboratory portions of the study to provide engineering recommendations; and • Prepare a report summarizing the site exploration data and laboratory test results and providing conclusions and recommendations. Subsequent to this work, MAHD will need to provide site -specific soil reports for each of the master planned Victoria Village lots/ building sites. Preparation and delivery of the building site -specific soil reports is being included within the scope of this Agreement. Surveying & Civil Engineering MAHD will engage a licensed surveyor and professional engineering firm to provide surveying, civil engineering and design. Surveying and civil engineering services for the first development phase include the following tasks and deliverables. Activities: • Topographic survey and plat; • Preliminary civil engineering and design; • Assessment of existing utilities and necessary relocations; • Floodplain analysis; • ACOE Nationwide Permit; • Environmental consulting; • Cultural resources report; and • Final civil engineering and design. Deliverables: • Preliminary Development Plan • Final Civil Documents including construction plans and reports • ACOE Nationwide Permit Preconstruction Notification (PCN) • Environmental Site Assessment (ESA) • Cultural Resources Report Design of offsite roads, offsite utilities, ALTA survey, and well permitting through the State of Colorado Division of Water Resources are not included within the scope of services and are excluded from MAHD's budgetary fee estimates. Architectural & Interior Design MAHD has selected Eric Smith & Associates PC ("ESA" or "Architect") to perform architectural and interior design services for the Project. ESA's scope of services includes architectural and interior design services from initial Conceptual Design during master planning through final Construction Documents. ESA will provide "builders sets" of construction documents for each master planned facility. This includes coordinated structural engineering plans and diagrammatic electrical and mechanical plans for each prototype building. ESA will coordinate the architectural plans with civil engineering services completed by others. An outline of the scope of services is as follows: Architectural Design: • Architect will commence Conceptual Design in conjunction with and in support of the master planning process. As part of the scope of services herein, Architect will complete Conceptual Design Drawings for prototype designs to address Town and Community program requirements, including typical site plan, floor plans, and elevations, ADA requirements, and review with MAHD, the construction contractor and Town of Fraser. • Architect will prepare detailed Design Development Drawings, based on approval of concept plans, including typical site plan, floor plans, elevations, and outline specifications. • Architect will prepare plans and architectural submittal documents as required by the Town of Fraser planning staff, planning Commission and Town Board approval process, and attend all meetings as required thru the approval and entitlement process. • Architect will prepare Architectural Construction drawings for final pricing, building permit and construction. These drawings will be coordinated with Civil Engineering plans prepared by others, under separate contract with MAHD. • Architect will provide Conceptual Design Drawings to address master plan and program requirements, including typical site plan, floor plans, and elevations, and review with MAHD, construction contractor and Town of Fraser. • Architect will prepare detailed Design Development Drawings, based on approval of concept plans, including typical site plan, floor plans, elevations, and outline specifications. • Architect will prepare plans and architectural submittal documents as required Town staff, planning Commission and Town Board approval process, and attend all meetings as required thru the approval and entitlement process. • Architect will prepare Architectural Construction drawings for final pricing, building permit and construction. These drawings will be coordinated with Civil Engineering plans prepared by others, under separate contract with MAHD. Interior Design: Finish Selections • Floor finishes - tile, hardwood, etc. • Wall finishes - paint, wallpaper, tile, etc. • Cabinetry- style & finish & general layout • Countertops • Window coverings Fixtures & Hardware Selections • Plumbing fixtures - bathrooms & kitchen • Door Hardware & Door style and finish • Lighting fixtures • Appliance review & coordination • Fireplace Interior Documentation • Finish Floor Plans - general floor plan layout with proposed finishes • Lighting & power plan • Interior wall Elevations • Finish details • Finish schedules • Fixture & hardware schedule • Lighting Schedule • General Notes Structural Engineering MAHD will engage a licensed professional engineering firm to provide structural analysis and design. This firm will determine the structural requirements for each residential unit and produce structural engineering documents including construction plans, details, and general structural building system notes. The structural engineer will work closely with the Project Architect (Eric Smith & Associates PC) to understand the requirements of the architecture and potential design alternatives or options as they arise. The structural engineer will provide (1) review set near the completion of each unit's architectural design and a final set of structural construction documents for use in the field. The scope of services includes: • Determining the required structural criteria based on the local governing jurisdiction. • Providing gravity and lateral design of the main structural systems. • Coordinating the structural requirements with the Architect and the architectural requirements. • Providing structural construction documents in CAD including plans, details, and general structural notes. Any Project requirements beyond the main structure of each residential unit, such as site retaining walls or in support of other site facilities are not included in our Scope of Services but may be provided as additional services if needed. Program & Development Management Planning & Programming: • Compile & review existing engineering and design documents for Project work completed to date. • Review regulations and municipal orders applicable to the scope of the Project and individual unit design and construction. • Review the applicable conceptual designs and available design documents for the units upcoming for development. • Create a master development plan or schedule to illustrate phasing, construction sequencing, and overall timeline for the Project. • Work with Town (and its counsel as necessary) to prepare and negotiate reasonable contract (Development Agreement) teiius & documents. • Negotiate and finalize a "work authorization" for the Architect for design services to modify previously issued conceptual drawings and to prepare unit -specific design documents (i.e., plans and specifications issued for construction) and adjust such plans to adapt the units planned for development with the specific site topography and geotechnical conditions. Identify and secure commitments of all key dates for design deliverables. • Negotiate and finalize a "work authorization" for the General Contractor for pre - constructions, construction, and construction management services. Identify and secure commitments of all key dates for pre -construction deliverables, pre -fabrication and construction starts for each unit. • Contact material vendors for interest in bidding the supply of building components and interior finishes materials. Prepare invitation to bid documents to send to interested parties. Oversee tender process, analyze quotes and recommend parties for contract awards. • If necessary, prepare an acceptable form for MAHD payment applications and standard checklist of documents for MAHD to attach to each invoice. • Request and review subcontractors' insurance certificates to confirm coverages acceptable to the Town for worker's compensation, commercial general liability, contractor's risk, commercial auto, and professional liability. • Organize, schedule and facilitate design review meetings with the architect, engineers, contractor and Town to perform constructability reviews (including site adaptation requirements) of units planned for development. Communicate with Town and confirm approval as may be desired, for modifications or changes that can impact construction costs. • Confirm permit requirements with the Town and other authorities having jurisdiction in accordance with the master development plan or schedule and the individual buildings currently planned for development. If possible, summarize the number and frequency of anticipated permit applications to facilitate review and approvals by the Town and other authorities having jurisdiction. • Monitor the regulatory (i.e., permit) approval process and attend to inquiries and requests for additional information. • Coordinate preparation of the Contractor's pre -construction estimates (or estimate revisions) for site works, buildings and interior finish costs for individual units planned for construction. • Assess Project risks and opportunities and regularly advise Town as needed. • Integrate revised budgets with the master development plan and schedule to produce a time - phased, activity -based project capital plan — note this will allow Town to evaluate changes to the monthly, quarterly, annual capital requirements associated with different development options (i.e., accelerating or deferring unit construction in accordance with different market scenarios). • Prepare, coordinate and circulate correspondence among Project participants and Town to facilitate communications, timely decision -making, approvals and to preserve the necessary records for follow-up or other purposes. Financing: • Develop and maintain the project pro forma financial model in line with the master development plan including the incorporation of public and private funding sources • Identify sources of capital to fund all portions of the project, affordable, attainable and market rate residences • Working with the Town, develop interim and long-term grant -based funding solutions for development activities as well as funding gaps in the project pro forma • Engage with public funding agencies including CHFA, DOLA, DOH and OEDIT • Engage and interface with Public Finance Consultant • Work with the Town to obtain fee discounts and tax concessions • Engage with local housing authority(ies) to discuss and negotiate a potential partnership in the development of the project • Engage with public and private funding sources including; tax credit investors, Community Development Finance Institutions ("CDFI"), CHFA PAB managers, grant funding providers, commercial banks and private capital lenders and investors • Engage with financing service providers including bond counsel, lenders counsel, bond underwriters, tax credit syndicators • Source and negotiate adequate owner -controlled insurance program for the project • Compliance with periodic financial reporting to lending, granting and investing counterparties • Prepare applications to appropriate federal and state public funding opportunities (including LIHTC credits, State tax credits, grants) • Engage with and prepare necessary third -party reports supportive of gaining appropriate financing • Conduct any required public hearings or similar processes for provision of public funding • Monitor the development and availability of newly developing public funding opportunities • Actively engage with the finance community stakeholders to create the story of Victoria Village in order to best position the project to gain public funding. Program Management & Oversight: • Observe engineering, design, pre -construction, financing, and buyer pre -qualification activities for general conformity with the Project schedule. • Attend regular meetings as Program Manager. • Coordinate the creation and integration of detailed construction schedules for upcoming units planned for development. These schedules will include the relevant detailed construction activities for the major construction trades. Individual unit schedules will also include the critical milestones for completion and sales. • Monitor the Architect's performance and design document production for adherence with established schedules and timelines. Track design -related questions, issues, concerns and disseminate information to relevant parties for timely resolution. • Coordinate permit application and mandatory submittal(s) preparation with the Architect, Engineers, and Contractor. • Coordinate with Broker to assess current & forecast market conditions — this will include reviewing market inventory, rate of absorption (i.e., # of units sold per month & average days on market), competition from other developments, sales rates, and other trends. • Prepare and implement the Project's change management process, including without limitation, developing an understanding of the manner in which changes are identified and documented in the field for constructability reasons, as well as changes that are requested by others (e.g., Town, Broker, Buyer) and incorporated into the scope of a given unit. • On a monthly basis, revise and update the master development plan and schedule, the master Project budget and expected Project cash flows (i.e., receipts & expenditures). • Monitor and control document distribution for time -critical and cost -sensitive documents such as Contractor's requests for information, Architect (and Engineer's) response & supplemental information, and drawing revisions to avoid possible cost and schedule impacts. • Perform general and administrative tasks including updating Project scope change log, updating Project budgets, reviewing and recommending approval of invoices, updating Project costs, and updating the overall master development plan and schedule and detailed individual unit schedules. • Review, evaluate and endorse, as appropriate, the Architect's, the Contractor's, and other Project Consultants' additional service requests and change orders. No additional services or change orders outside those contractually agreed to will be authorized without the prior written approval from Town. • Provide continuous management of detailed individual unit schedules and budget. • Coordinate with the Town and prospective tenants/ buyers for the lottery, selection, and pre - qualification of tenants/ buyers for leasing and unit purchases. Reporting: Prepare and distribute monthly executive -level summary reports to inform Town of the following perfoi nance indicators: • Current market conditions & sales summary • Master development plan or schedule summary (progress, impacts, sequence, phasing modifications) • Individual unit schedules (progress, impacts, changes) • Budget and cost summary (performance, amendments, variances, drivers) Risks, opportunities, required approvals, critical decisions, etc. Material procurement and cost of materials is excluded from the scope of this Agreement. List of Subcontractors: Service Subcontractor Master Planning Vogel & Associates Architectural & Interior Design Eric Smith & Associates P.C. Public Finance Consulting S. B. Clark Companies Preconstruction Estimating, Scheduling, and Material Procurement Big Valley Construction LLC Land Surveying To be determined Geotechnical Engineering To be determined Civil Engineering To be determined Structural Engineering To be determined Others To be determined EXHIBIT B Rates and Fees to Agreement dated January 5, 2023, between Mountain Affordable Housing Development, LLC. ("MAHD") and Town of Fraser ("Town") MAHD's hourly rates for services rendered pursuant to the Agreement, by position, are: Position Hourly Rates (2023 Calendar Year) Principal $275 Managing Director $250 Director $225 Senior Technical Consultant $185 - $205 Technical Consultant $150 - $175 Project Accountant $125 - $175 Clerical & Administrative Support $85 - $115 MAHD's current hourly rates are subject to adjustment from time to time and at least annually effective January 1. MAHD's rates for the 2023 calendar year are outlined above. MAHD will advise Town immediately if a rate adjustment is being made for subsequent years, and a replacement Exhibit B setting forth the new rates and the date on which they will take effect, will need to be adopted as an amendment to the Agreement. The rates outlined above when applied to the number of hours worked per individual form the basis of MAHD's fees for professional services. Budgetary estimates for MAHD and subcontractor service fees for Phase 1 Planning, Programming, Design and Preconstruction are as follows: Service Planning & Programming Design & Preconstruction Master Planning $112,000 Conceptual Design $90,000 Preconstruction Estimating & Scheduling $15,000 MAHD - Planning & Programming $201,000 Public Finance $45,000 Legal $90,000 MAHD - Financing, Financial Management, Administration $134,500 Contingency @ 15% $53,000 Geotechnical Engineering $24,000 Surveying & Civil Engineering $206,000 Architectural Design & Construction Documentation $1,163,000 Structural Engineering $450,000 Public Finance $255,000 MAHD - Financing, Financial Management, Administration $134,500 MAHD - Project Management, Oversight & Reporting $504,000 Legal $30,000 Contingency @ 15% $319,000 Subtotal Services $740,500 $3,085,500 Other Reimbursable Expenses Estimated @ 3% of Services $22,215 $92,565 Total $762,715 $3,178,065 Fees for subcontractors will be invoiced to Town as an incurred expense plus five percent (5%) for related administrative costs. MEMO TO: FROM: DATE: SUBJECT: COLORADO Mayor Vandernail and the Board of Trustees Rob Clemens, Finance Director January 26, 2023 Town Planner Options MATTER BEFORE BOARD: The Board requested additional information regarding the use of contracted services for Town Planning. ACTION REQUESTED: The Town requests clarification on Board priorities regarding Planning Services. Depending on Board guidance, a resolution to amend the 2023 Budget or ordinance may be necessary. BACKGROUND: On April 12, 2022, the Town Manager signed a contract with Baseline Engineering Corporation to provide on -call and contracted Planning Services for the Town of Fraser. This contract coincided with the last day of employment of the Town Planner on May 7, 2022. At the January 4, 2023 meeting, Rob Clemens, Finance Director presented a cost analysis regarding planning services in response to a Board request from November 2022. The analysis of the first 6 months of service showed planning service expenses to the Town were in line with an internal town planner's fully burdened salary even though Baseline's average hourly rate is almost twice that of an internal planner ($60 vs $116). While Town expenses have remained similar, developer expenses for Reimbursement for Professional Services increased significantly. Members of the development community in Fraser expressed dissatisfaction with the cost of these services that were now passed through, the lack of transparency in the fees for services, and quality of services. The lack of communication regarding the change was brought up several times. The following address specific items from the January 4, 2023 meeting to aid discussion: rr eve`°u rrf II r ,r" r, e n(14,4:2 off ke 970--";,"":!! E; —5 91 d'1 5 :1.:11:3 • Going from 18 years of experience to 0 years of experience with the Town Municipal Code is a knowledge gap that will require time and expense to bridge. Baseline's ramp - up cost was approximately $12,000. • Confirmed with James Shockey that the Town of Winter Park Planning Department does not have excess capacity and does not wish to take on planning services for the Town of Fraser. • Baseline Contract allows for cease of work for defined periods of time and Termination with at least 10 days written notice and payment of all invoices (Section 7). Dispute resolution allows for 30 days (Section 8). • Hiring, onboarding, and training a new planner will take at least 6 -12 months. When Catherine Trotter was the Town Planner, she confirmed that 1 FTE was not sufficient for the Town needs in 2022. ALTERNATIVES: 1. Maintain current contract with Baseline Engineering Corporation for Planning Services while refining cost saving measures and transparency. 2. Initiate hiring process for an internal Town Planner and provide overlapping services from Baseline Engineering Corporation until the internal Town Planner can operate without support. 3. Terminate Baseline Engineering Corporation contract while hiring and training an internal Town Planner. Suspend project planning during the process through an ordinance. 4. Terminate Town provided services. Create ordinances to require development to align proposals to meet the municipal code. Train the Planning Commission to have full knowledge of the municipal code and act as gatekeeper and authority for all projects. RECOMMENDATION: The Staff recommend Option 1 or 2 from the alternative list since Options 3 & 4 would create significant service disruptions, increase liability risk, and be unrealistic to implement. Option 1 requires no additional action as the Town has budgeted for Baseline services for Town needs. Additional costs would continue to pass through to developers. Delays in reimbursements could create developer delays for inspections or acceptances. Option 2 requires a budget amendment to allocate additional funds to cover the salary and benefit costs of hiring the planner position. On of fr r r a ra. er'c o rely Hr co Vlm oro W~IDV fl l �ll www u February 1, 2023 The Honorable Pete Buttigieg US Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 RE: Support for US 40 Safety and Mobility Improvements - RAISE 2023 Dear Secretary Buttigieg: As the Mayor of the Town of Fraser, Colorado, I am writing to express my strong support for the "Connecting Colorado from Craig to Kremmling and Beyond: Safety and Mobility Improvements on US 40" project. This project will design passing lanes from Craig to Steamboat Springs; construct passing lanes from Steamboat Springs to Kremmling; address major safety and travel needs on Red Dirt Hill; and upgrade three Bustang mass transit flag stops. Ultimately, this project will improve safety, operational efficiency, and transit equity along a frequently traveled highway. Additionally, US 40 is also the only significant detour for Vail Pass and Glenwood Canyon closures; keeping this interstate safe, reliable, and maintained is critically important for emergency travel and regional resiliency. Based on historic and projected population and employment levels, vehicular, transit, and freight traffic volumes will continue to increase and impact US 40. This project will address many of the physical constraints on this road which will improve safety for the traveling public and enhance connectivity throughout Northwestern Colorado. Grand County sees over two (2) million visitors each year as they travel US 40 to access the many wonderful recreational opportunities provided in the region, including Steamboat Springs, Winter Park Ski area, and Rocky Mountain National Park. Tourism is our #1 industry, and local communities like Fraser depend on the revenues generated by this industry to continue to offer our residents and visitors world -class outdoor and recreational opportunities. The Town of Fraser, along with the other communities that lies along this corridor depend on this route to safely connect us to our neighbors and livelihood, and visitors and freight to us. This project is a significant investment in safety and systems preservation, as well as mobility to and through a major rural highway corridor. The success of this project is essential to Grand and Routt County, and all communities along the Northwestern Slope. We whole-heartedly support this project and request USDOT to prioritize RAISE grant funding for this worthy proposal. Sincerely, Philip Vandernail Mayor, Town of Fraser, Colorado