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HomeMy Public PortalAboutTBP 2024-03-20COL }i 4 O,::;;; Board of Trustees No Workshop Members of the Board dinner 5:30 p.m. - 6:00 p.m. Regular Meeting 6:00 p.m. - 8:30p.m. Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday March 20, 2024 NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel https://www.youtube.com/channel/UCs5aHnI7d-kkOil cxV28DSq 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 1. 6:00 P.M.I Roll Call 2. Approval Of Agenda 3. Consent Agenda a. Minutes March 6, 2024 Documents: IBM 2024.083-O6.IFldt Silgn Ilan SIrno-'.et INOarch 6, 2024.fP ff b. Resolution 2024-03-07 Merrick Work Order Number 4, Subsurface Utility Exploration - Paul Documents: tka:soIIutiorn 2024-03-0'7 Me irlok Work Ord INuuirarmlboir 4, ` u.albsuuirtace Utiilli'ty Exltppllorrakorn„pdt Staff I[3riik::at'Iruq IlMen iiclk Work Order INuurirnber 4.1Pdf Work. Girder 4 Revlsod Lnqurnoerlrig 0ruvoaslllggaatlorn And Da. Colllleothon 2024 03 08.IF1dt 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. (15 Minutes) Wildfire Council Update - Jessica Rahn b. (15 Minutes) Middle Park Hospital Update - Andy Radzavich c. (10 Minutes) Resolution 2023-03-08 Support Of Colorado Child Care Assistance Program, CO. HB24-1223 - Sarah C To read the bill click on the links below. E3 i'i ll ll w: CC . Bi'iI1 ................................... Documents: 1112.f.54211-4. Veit IF u.ull1° next. 1-iIB24 "t 223 F rat Sheet ............................................................................ t esollutlon 2023-03.08 Support Of ('cllorearto (.3are. Assistance Program, CO„ II--IB24-'t223.Pett d. (10 Minutes) Bike Park Update - Sarah C e. (5 Minutes) Resolution 2024-03-09 Merrick Work Order Number 7, Parking Lot Design Lions Ponds - Paul Documents: s°lOu't:horn 20241-03.09 Merrick Work Order Number 7, ParkinE. IL,.o � e;iilq.:' rn Lion Pu:.rrnuts.pdt Staff IBriet'ing IIMterrliclk Work. Order Number II7Pdf VVorlk Order 7 - 2024. Town i '. )t' Fraser [3 iiN<e Park Parlkilng Lot 20240304F0I NAIL. pdf f. (5 Minutes) Treasurer's Report - Laurie Documents: Treasurers Report, 032024.Pdt g. (15 Minutes) Resolution 2024-03-10 Amended Agreement For Planning And Preconstruction, MAHD Victoria Village - Laurie Documents: t"..r sollutlon 20241-03.10 Amended Agireer nen1[ IFor N= Ilarnniung And Pre onstructoon, IrvAHt.) Vii ctor'ha Villlllagk .�r¢�t' TB Amended q ;' rnd curt AgreementIIVIAJI NlD,bdt' Staff I[Sriiet Vii¢.tu:�rliR� VhIlllrnr 2023 IPrecoru structihorn IDevelloprnn€'rut °3ervuc.es IfMAIIHt.) ILILC.Ipdt h. (25 Minutes) Resolution 2024-03-11 Approving Boundaries Of Grand Park North Meadow Metropolitan District - Kent Documents: tka'�w� s()Ilutiioirn 2024-03-11 Approving Bouurndrarilarns Of Grand IP,arlk North Meadow IIVDletropolliitann D• hstrir t.p¢11 Cover Letter To Fraser - IProh rty Mina llosioin - CEO=' North Meadow MD,q)aiff GP Nordin Meadow MID IPetiTtiToin For irna lluusilorn.pdt inclusion Property Map.lppdt 6. Updates 7. Executive Session a. 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). 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 8. Adjourn UPCOMING MEETING APRIL 3, 2024 CANCELLED WEDNESDAY, APRIL 17, 2024 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: March 6, 2024 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room and Virtually PRESENT Board: Mayor Pro-Tem Eileen Waldow; Trustees; Brian Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn and, Katie Soles Staff: Town Manager, Michael Brack; Town Clerk, Antoinette McVeigh; Deputy Clerk, Katelyn Starks; Assistant Town Manager, Sarah Catanzarite; Town Planner, Garrett Scott; Marketing and Communication Manager, Sarah Wieck; Police Chief Glen Trainor Others: See attached list Mayor Pro-Tem Eileen Waldow called the meeting to order at 6:00 p.m. 1. Rollcall: Mayor Pro-Tem Eileen Waldow; Trustees; Brian Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn and, Katie Soles 2. Approval of Agenda: Trustee Quinn moved, and Trustee Cerkvenik seconded the motion to approve the agenda. Motion carried: 6-0. 3. Consent Agenda: a) Minutes February 7, 2024 b) Resolution 2024-03-01 Final Acceptance Elk Creek Condos Phase 2 c) Resolution 2024-03-02 Annual Sewer Maintenance d) Resolution 2024-03-03 Transfer IHOP Grant Contract from Williford LLC to Urban Rural Continuum, FRVHP e) 2024 OLRT Shoshone Letter of Support Trustee Soles moved, and Trustee Quinn seconded the motion to approve the consent agenda. Motion carried: 6-0. 4. Open Forum: none 5. Discussion and Possible Action: a) Resolution 2024-03-04 Fraser Logo Ryan with Slate Communications presented and talked about next steps. Page 2 of 3 Trustee Quinn moved, and Trustee Fisher seconded the motion to approve Resolution 2024-03-04 Fraser Logo Motion carried: 6-0. b) Fire And Ice Recap Marketing and Communications Manager, Sarah Wieck presented. c) Resolution 2024-03-05 Approving Comprehensive Plan Contract Trustee Soles moved, and Trustee Cerkvenik seconded the motion to approve Resolution 2024-03-05 Approving Comprehensive Plan Contract. Motion carried: 5-1, Nay Quinn. d) Resolution 2024-03-06 Downtown Development Authority Support Trustee Cerkvenik moved, and Trustee Quinn seconded the motion to approve Resolution 2024-03-06 Downtown Development Authority Support. Motion carried: 6-0. 6. Updates: a) Trustee Soles, Thank you to Ernie Roybal for his contributions to Fraser. A celebration of life for Ernie will be held on March 24,2024. b) Town Manager Brack, Mayor Managers and Commissioners meeting on March 11. Assistant Town Manager Catanzarite and Trustee Fisher will attend. CPAW will monitor the Fraser River Trail for aggressive moose and determine if any action needs to be taken. c) Trustee Cerkvenik, CDOT management of Berthoud pass meeting March 15. 7. 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). 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 To include Town Manager, Michael Brack; Town Attorney, Kent Whitmer, Public Works Director, Paul Johnson Trustee Fisher moved, and Trustee Cerkvenik seconded the motion to open the public hearing regarding Litigation at 7:03 p.m. Motion carried: 6-0. Trustee Soles moved, and Trustee Cerkvenik seconded the motion to close the public hearing regarding Litigation at 9:07p.m. Motion carried: 6-0. 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. Kent Whitmer, Town Attorney 8. Adjourn: Page 3 of 3 Trustee Soles moved, and Trustee Cerkvenik seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 9:07 p.m. Antoinette McVeigh, Town Clerk TOWN BOARD REGUL AR MEETING REGISTRATION SHEET March 6, 2024 The Public Forum is an opportu nity for the p ublic to present their c oncerns and rec ommendations regarding T own G overnment issues to the Town Board. Those wishing to address the Town Board will be all owed a three -minute presentati on. A maximum of six (6) people will be allo wed to address the Town B oard at each P ublic F orum. If a t opic that y ou wish to discuss has been scheduled f or a formal Town Bo ard Meeting, we would ask that you reserve your remarks for that sp ecific date and time. T opics that are in litigation with the Town will not be heard during this forum. All presenters are urged to: (1) state the concern; and (2) list p ossible s oluti ons . Please keep the following guidelines in mind: • Remarks that discriminate against anyone or adversely reflect upon the race, color, ancestry, religi ous creed, national origin, political affiliation, disability, sex , or marital status of any person are out of order and may end the speaker's pri vilege to address the B oard. • Defamato ry or abusive remarks or profanity are o ut of order and will n ot be tolerated . A nyo ne attending To wn Bo ard meetings must sign in to ensure accurate rec ords and minutes . Sign y our name, address, and email on the sign in shee t. Thank yo u for yo ur coo peration. NAME PHYSICAL ADDRESS EMAIL 1 NAME PHYSICAL ADDRESS EMAIL ms's' I m as q: {Y/Am L ®[( �as� g'F ' �.-L✓ '� � d �t�-� §�.. � .. � � i � � '`J °' �`` � `+ i �y <® _ z — r"?Y} a n =C41K TOWN OF FRASER RESOLUTION NO. 2024-03-07 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE MERRICK & COMPANY WORK ORDER #4 WHEREAS, the attached agreement contracts Merrick & Company to provide Engineering Investigation and Data Collection for Quail loop and PRV. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Manager is authorized to sign the attached Merrick & Company Work Order #4 READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 20th DAY OF MARCH 2024. Votes in favor: Votes opposed: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor Pro-Tem ATTEST: Town Clerk MEMO TO: FROM: DATE: SUBJECT: u11'1 I 111Idiuffi,,,,,,immIui mm: 4iiiiakhommat" 4126, Mayor Pro-Tem Waldow and the Board of Trustees Paul Johnson, Public Works Director March 12, 2024 Merrick & Company Work Order #4 MATTER BEFORE BOARD: Consideration of Merrick & Company Task Order #4 to perform subsurface utility exploration in preparation of two capital improvement projects. The Quail Dr. waterline looping project and the PRV vault project. BACKGROUND: Both projects have been identified in the 2023 Capital Project Plan adopted by the Board. This task order is the first step in obtaining the required construction documents needed for construction of both projects. FISCAL INFORMATION: Cost as Recommended: $46,550.00 Balance Available: $1,288,000.00 Fund: 50-40-730 Capital Projects New Appropriation Required: No Project not to exceed $46,550.00. RECOMMENDATION: Staff recommends the Board approve the Town Manager to sign Work Order #4 for subsurface utility exploration. APPENDIXES: Merrick & Company Work Order #4 Attachment A.1 Form of Work Order Merrick Project No.: 65420492-04 Work Order No.: 004 Date of Work Order: March 8, 2024 Work Order Title: Engineering Investigation and Data Collection — Quail and PRV Scope of Services: We are pleased to present this proposal for engineering investigation and data collection services for the Town of Fraser. We understand that the Town of Fraser is interested in completing the design for waterline improvements to the Elk Ranch Road PRV area and Quail Drive area, this investigation and data collection will allow Merrick to complete the design under a separate work order. The Town will take the project to bid for construction. Scope of Services The proposed scope of services for completing the work order is presented below. Task 1— Quail Drive Engineering Investigation and Data Collection The future design near Quail Drive includes installing a new waterline and appurtenances to improve the ability to operate and maintain the waterline and to improve water quality. This investigation and data collection will provide information to complete the engineering design in the future. 1.1 SUE and Geotechnicallnvestigations and Topographical Survey Merrick will subcontract, manage, and oversee survey and geotechnical investigations of the site. Survey shall include property lines where monumentation exists, topography, relevant surface features (roadways, sidewalks, buildings, manholes, fire hydrants, utility pedestals, valves, meters, etc), accessible underground features (storm/sewer manhole inverts, catch basins, culverts, etc), and SUE Quality Level B (QLB). The survey will identify and locate existing underground utilities to provide the engineering and Town staff team with the data for a conflict assessment. Since there appear to be many potential conflicting utilities and unknown location of waterlines, we have included potholing utility locations to be performed as needed where conflicts with new infrastructure are anticipated. SUE QLB underground and above ground utilities will be updated on the drawing set. Two geotechnical soil borings will be completed to depths of 10 to 15 feet deep to obtain information on the subsurface profile, obtain samples for lab analysis, and estimate ground -water level. Laboratory testing on selected samples will be completed to determine moisture content, density, gradation, consolidation and/or swell potential, and Atterberg limits. Task 2 — Pressure Reducing Valve (PRV) Engineering Investigation and Data Collection A future PRV vault is anticipated to be designed and constructed in the vicinity of the intersection of Elk Ranch Rd. and Oxbow Court. The purpose of the PRV is to isolate and regulate pressures between the North (Blue) and South (Yellow) water distribution zones. This investigation and data collection will provide information to complete the future engineering design. 2.1 SUE and Geotechnicallnvestigations and Topographical Survey Merrick will subcontract, manage, and oversee survey and geotechnical investigations of the site. Survey shall include property lines where monumentation exists, topography, relevant surface features (roadways, sidewalks, buildings, manholes, fire hydrants, utility pedestals, valves, meters, etc), accessible underground features (storm/sewer manhole inverts, catch basins, culverts, etc), and SUE Quality Level B (QLB). The survey will identify and locate existing underground utilities to provide the engineering and Town staff team with the data for a conflict assessment. Since there appear to be many potential conflicting utilities and unknown location of waterlines, we have included potholing utility locations to be performed as needed where conflicts with new infrastructure are anticipated. SUE QLB underground and above ground utilities will be updated on the drawing set. 1 One geotechnical soil boring will be completed to a depth of 10 to 15 feet deep to obtain information on the subsurface profile, obtain samples for lab analysis, and estimate ground -water level. Laboratory testing on selected samples will be completed to determine moisture content, density, gradation, consolidation and/or swell potential, Atterberg limits, and R -value. Soils data results will be used to provide engineering recommendations for foundation design criteria, allowable bearing pressures, backfill requirements, and a pavement section design. Deliverables will include: • Merrick will provide SUE Report, Survey Data and Geotechnical report to the Town of Fraser. Assumptions: • Client will provide/coordinate access or Right of Entry to the project sites for field operations. • ROW permit fees will be waived. • Traffic control will not be needed. Fee: Cost estimates for each task are provided as attachments. Our proposed budget for the Task No. 1 outlined above is a Not -to -Exceed Budget = $25,100.00. Our proposed budget for the Task No.2 outlined above is a Not -to -Exceed Budget = $21,450.00: PROPOSED TOTAL Not -to -Exceed Budget = $46,550.00 We appreciate this opportunity to be of service to the Town of Fraser and look forward to working with you on this important project. If you have any questions or comments regarding our Work Order, please do not hesitate to contact us. Town of Fraser Merrick & Company /2 By: By: Name: Name: Greg Steed 3/08/2024 Date: Date: 2 2024 CIP DATA COLLECTION COST Opinion of Fee Estimate for Field Data MAJOR PROJECT CATEGORY (Water/Wastewater): Water PROJECT: Quail Drive COST ESTIMATOR: Merrick DATE OF ESTIMATE: 3/8/2024 Item Description Units Quantity Unit Cost Extended Cost 1 Quail Drive PRV SUE LS 1 $ 6,196 $ 6,196 2 Allowance for Additional Level A SUE Potholes - Invoiced only if required EA 5 $ 750 $ 3,750 3 Quail Drive PRV Survey LS 1 $ 6,424 $ 6,424 4 Quail Drive Geotechnical LS 1 $ 2,750 $ 2,750 5 SUE Observation/Recordation HR 12 $ 200 $ 2,400 6 Hotel, Mileage and Per Diem EA 2 $ 300 $ 600 TOTAL DIRECT COST SUB -TOTAL $ 22,120 7 TOWN CONTINGENCY 10% $ 2,212 8 MERRICK SUB -CONSULTANT ADMINISTRATION MARKUP 5% $ 769 TOTAL ANTICIPATED DATA COLLECTION COST $ 25,101 Notes: 1) This is just for the data collection and observation/recordation for the 2024 CIP. 2024 CIP plan updates, specifications and bid preparation is not included. 2) SUE Observation/Recordation, Hotel, Mileage and Per Diem by Merrick are estimates. These items will be charged on a T&M basis. \\merrick.com\ces\Denver_North\Projects\0492-04 Fraser General Services\PM Con3/8{s5 4rk Order 4-Quail_PRV SUE\Estimate_3-8-24 1 of 1 2024 CIP DATA COLLECTION COST Opinion of Fee Estimate for Field Data MAJOR PROJECT CATEGORY (Water/Wastewater): Water PROJECT: Pressure Reducing Valve Vault @ EIk Ranch Road COST ESTIMATOR: Merrick DATE OF ESTIMATE: 3/8/2024 Item Description Units Quantity Unit Cost Extended Cost 1 EIk Ranch Road PRV SUE LS 1 $ 4,582 $ 4,582 2 Allowance for Additional Level A SUE Potholes - Invoiced only if required EA 7 $ 750 $ 5,250 3 EIk Ranch Road PRV Survey LS 1 $ 3,712 $ 3,712 4 EIk Ranch Road Geotechnical LS 1 $ 2,750 $ 2,750 5 SUE Observation/Recordation HR 12 $ 200 $ 2,400 6 Hotel, Mileage and Per Diem EA 1 $ 300 $ 300 TOTAL DIRECT COST SUB -TOTAL $ 18,994' 7 TOWN CONTINGENCY 10% $ 1,899 8 MERRICK SUB -CONSULTANT ADMINISTRATION MARKUP 5% $ 552 TOTAL ANTICIPATED DATA COLLECTION COST $ 21,446 Notes: 1) This is just for the data collection and observation/recordation for the 2024 CIP. 2024 CIP plan updates, specifications and bid preparation is not included. 2) SUE Observation/Recordation, Hotel, Mileage and Per Diem by Merrick are estimates. These items will be charged on a T&M basis. \\merrick.com\ces\Denver North\Projects\0492-04 Fraser General Services\PM Contro3Mat4Drder 4 -Quail PRV SUE \ Estimate _3-8-24 1 of 1 TOWN OF FRASER RESOLUTION NO. 2024-03-08 A RESOLUTION IN SUPPORT OF COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP) BILL HB24-1223 WHEREAS, a top priority for the Board has been expanding opportunities and improving access for early childhood education and day care services for the Town of Fraser and Grand County; WHEREAS, the Colorado Child Care Assistance Program (CCAP) is offered through the State of Colorado and provides child care assistance to low-income parents who are working, starting a job for the first time, searching for employment, attending job training, or going to college to advance their career; WHEREAS, the Colorado Child Care Assistance Program (CCAP) Bill would create a streamlined, accurate process for eligible parents to apply for CCCAP that reduces administrative burdens for the state and counties, help protect parent and child privacy, stabilize Colorado child care infrastructure by basing CCCAP reimbursement on enrollment and lessening the burden on home -based child care providers to become licensed, and establish a uniform statewide CCCAP application process; would help keep parents working and healthy by setting presumptive eligibility criteria and verification standards after a family has submitted their initial application, include presumptive eligibility for teen parents who are going to school and expand eligibility to children who have parents receiving substance use treatment; WHEREAS, Grand Beginnings, the Grand and Jackson County Early Childhood Council - a coalition of community members and leaders representing families, early childhood education, health, mental health, family and child support services, K-12 education, business, and local government- has prioritized support of this bill; THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.) The Town of Fraser signs on as a supporter of the Colorado Child Care Assistance Program Bill HB24-1223. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED THIS 20th DAY OF MARCH 2024. Votes in favor: Votes opposed: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor Pro-Tem ATTEST: Town Clerk TOWN OF FRASER RESOLUTION NO. 2024-03-09 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE MERRICK & COMPANY WORK ORDER #7 WHEREAS, the attached agreement contracts Merrick & Company to provide design for a parking lot at Lions Ponds HEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Manager is authorized to sign the attached Merrick & Company Work Order #7 READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 20th DAY OF MARCH 2024. Votes in favor: Votes opposed: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor Pro-Tem ATTEST: Town Clerk MEMO TO: FROM: DATE: SUBJECT: u11'1 I 111Idiuffi,,,,,,immIui mm: 4iiiiakhommat" 4126, Mayor Pro-Tem Waldow and the Board of Trustees Paul Johnson, Public Works Director March 12, 2024 Merrick & Company Work Order #7 MATTER BEFORE BOARD: Consideration of Merrick & Company Task Order #7 to perform a parking lot design at the Lions Ponds to serve the future bike park. BACKGROUND: Project is part of the overall bike park design for the Lions Ponds area and will provide 17 parking spaces with two spaces being reserved as handicap spaces. FISCAL INFORMATION: Cost as Recommended: $50,575 Balance Available: $51,000 Fund: 35-40-300 Cozens Ranch Open Space - Design New Appropriation Required: No Project not to exceed $50,575 RECOMMENDATION: Staff recommends the Board approve the Town Manager to sign Work Order #7 for parking lot design. APPENDIXES: Merrick & Company Work Order #7 °❑°°❑ MERRICK" ❑❑❑ Attachment A.1 Form of Work Order Merrick Project No.: 65420492-04 Work Order No.: 007 Date of Work Order: March 4, 2024 Work Order Title: 2024 Town of Fraser Bike Park - Parking Lot Project We are pleased to provide you with this Work Order to support the Town of Fraser with the Civil Engineering Design of the Bike Park parking lot north of Highway US -40 frontage road. Our proposed scope, schedule, and engineering fee for completion are presented and/or attached below. Scope of Services: The proposed scope of services for completing the work order is presented below. Task 1— Project Management 1.1-1.5 Merrick will provide management of the project through the duration of the completion of work with monthly reports and invoicing. Administer subcontractor contracts and invoicing through the duration of the project. Provide quality assurance and quality control during all phases of the construction document design and bidding phase services. Administer weekly design meetings and assist with bidding phase services for the project. Task 2 — Design Phase 2.1 SUE, Geotechnical Engineering and Topographical Survey: Merrick will perform a full planimetric, utility, and topographic survey of the parcel of land that the parking lot will be located. Merrick will establish control tied into NAD83 Colorado State Plane North Zone horizontal control and NAVD88 vertical control using US Survey Feet. A survey of visible utilities and underground utilities located during the Subsurface Utility Engineering (SUE) investigation Quality Level C (QL-C) and identified using Colorado 811 engineering tickets will be performed using project control. The survey will include, but not limited to, existing roads/pans, landscape features, 811 locates, visible utilities, structures, fences, curb/pan returns, sidewalks, signs, power poles, driveways, property corners (if found), and other features visible on the surface. Example utilities will include valve box covers, water meters/curb stops, inlets grates, and manhole lids within the paved portion of the above listed streets, and the nearest necessary connecting utility outside the pavement (if found). Merrick will be subcontracting Geotechnical Engineering investigation to provide three (3) exploratory borings in proposed parking area and associated frontage road, at locations requested by the Client. The borings are anticipated to range from 10 to 15 feet deep. The final depth of the borings will be determined in the field as drilling progresses and as the subsurface profile becomes evident. The borings will be made to obtain information on the subsurface profile, to obtain samples for laboratory testing, and to estimate the ground -water level and depth to bedrock, if encountered within the drilled depth. We will coordinate with the Utility Notification Center of Colorado to locate buried utilities prior to drilling. Utilities cleared through this service will not include privately owned on -site utility lines. The Town of Fraser as property owner should review the proposed boring locations once they are staked in the field and verify that borings are clear of privately -owned underground utilities. Conduct a laboratory testing program on selected samples obtained from the borings to determine: Moisture content and density of undisturbed fine-grained samples, gradation characteristics of coarse -grained samples, consolidation and/or swell potential (of fine- grained soil samples), Atterberg limits and R -value testing. Analyze the data obtained from the field and laboratory portions of the study to provide preliminary engineering recommendations for: retaining wall foundation type or types, depths and allowable bearing pressures, foundation construction criteria, utility 1 ❑❑°°❑ MERRICK" ❑❑❑ backfill and pavement section design. Prepare a report summarizing the site exploration data and laboratory test results and providing our conclusions and recommendations. The field work and report preparation will be supervised by a registered professional engineer. 2.2 Structural Retaining Wall Design: Merrick will provide a State of Colorado Profession Engineer stamped concrete site retaining wall (cantilevered wall type with strip footing for foundation and counterbalance) with corresponding calculations. It is assumed the concrete retaining wall will be eight feet to ten feet tall at the highest point, level ground on high side of wall, foundation drainpipe behind wall to daylighted outlet, and no site obstacles causing unforeseen or unique layout or design changes. 2.3 Civil Engineering Plan Set: Merrick proposal provides services to generate a set of Civil Engineering Construction Documents that will include the following sheets: • Cover Sheet • General Notes, Legend, and Abbreviations Sheet • Survey and SUE Plan • Demolition and Site Restoration Plan • Grading, Drainage and Erosion Control Plan • Site, Horizontal Control, Signage, Striping and Guardrail Plan • Civil Site Detail Sheet • Structural Retaining Wall Plan and Typical Sections • Structural Details and Structural Notes Sheet • 2.4-2.5 Construction Document Specifications and OPPC: Merrick will provide Construction Document Specifications utilizing Engineers Joint Contract Document Committee (EJCDC) documents and Town of Fraser standard specification documents. Merrick will also develop an Opinion of Probable Construction Cost based on the Final Set of Civil Engineering Construction Document plan set. Assumptions: • A SUE report is not a part of this scope. • Title work will not be needed or reviewed, and construction staking / support is not a part of this estimate. • Merrick assumes Michael Baker Int. will be responsible for floodplain and wetland clearances for this project. • Structural retaining wall design does not include review of submittals and other services during construction. Pedestrian railing details will be provided, structural railing design will be an additional fee. • Retaining wall design fee is based on spread footing design. Additional fees may apply if alternative footing designs are required once geotechnical report is provided. • Town of Fraser will provide access site and ROW permits will be provided. • Parking lot layout, rough grading, and retaining wall designs will be based upon Option 1 previously approved by Town of Fraser. (Refer to attachments titled Bike Park Parking Lot — Option 1 dated 1/16/2024 and supporting map attachment provided by the Town of Fraser titled Lions Pond Area Topography and Utility Infrastructure dated 11/15/2023). Alterations to Option 1 may result in additional design fees. • Merrick is assuming the storm drain system through the site will not need to be altered or adjusted to fit improvements. Additional fees may apply to re -design and re-route the existing storm drainage system. • Merrick is assuming that all meetings will be held remotely and any meeting at the Town of Fraser will require drive time and mileage. 2 °❑°°❑ MERRICK" ❑❑❑ Fee: Our proposed budget for the Task No. 1 and Task No. 2 outlined above is a Lump Sum Budget = $50,575.00. A detailed breakdown is provided and attached as Exhibit A. We appreciate this opportunity to be of service to the Town of Fraser and look forward to working with you on this important project. If you have any questions or comments regarding our Work Order, do not hesitate to contact us. Town of Fraser Merrick & Company By: By: Name: Name: Greg Steed March 4, 2024 Date: Date: 3 0 El MERRICK' ❑❑❑ Task Description Task 1 - Projec Mangemen (2 months ) Exhibit A T own of Fraser Bike Park Parking Lot Impro vement C onstruction Documents T otal Hours with Subs T otal bor with Subs ($) Pr oject No .: 65110492 Sheet: 1 of 1 By: JM A Chk: JK Date: 2/1/2024 Date: 2/1/2024 Direct C osts ( Mileage and Misc.) Sub Mark - Up (5 %) T otal 1. 1 Monthly Reports and Invoice 2 2 4 $700 4 $700 $0 $0 $700 1. 2 Subcontractor Contracts 2 2 4 $700 4 $700 $0 $0 $700 1. 3 D A/QC 4 4 $1,000 4 $1,000 $0 $0 $1,000 1.4 De sign Pro gre ss Mee tin gs 2 2 $420 2 $420 $0 $0 $420 1.5 Bidding Phase Serv ices 4 4 4 12 $2,600 12 $2,600 $0 $0 $2,600 S UBTOT AL TASK 1 $5,420 Tas k 2 D esign Phase 2.1 SUE, Geotechnical and Topographical Survey $0 1 .00 1.00 1 .00 $11,900 0 $11,900 $0 $595 $12,495 2.2 Structural Retaining Wall Design 24 16 2 42 $8,840 $0 42 $8,840 $0 $0 $8,840 2. 3 Civil Engineering Plan Set 32 24 40 96 $18,520 $0 96 $18 ,520 $0 $0 $18,520 2. 4 Co nstruc tion Doc ume nt Spe cifica tio ns 2 2 12 8 24 $4,420 $0 24 $4,420 $0 $0 $4,420 2.5 Develop OPPC 2 2 4 $880 $0 4 $880 $0 $0 $880 S UBTOT AL TAS K 2 $45,155 Task 3 - Construction Phase Serv ices 3. 1 Pre -Construction Meeting 3. 2 Weekly Construction Meeting 3.3 Co nstruction Inspe ction To Be Determined Prior to Constructio n S UB TO TAL TASK 3 0 Total Hou 32 44 42 56 14 1,960 Total= $1,000 $7,680 $9,240 $8,400 $9,800 Note s: 1. Merrick a ssume s M ichae l Ba ke r Int. will prov ide floo dpla in an d we tla nd s uppo rt fo r this pro jec t 2. Retaining wall design fee is based on spreadfooting design. Additional fees may apply if alternative footing designs are required once geotechnical report is provided. 3. Merrick is assuming the storm drain system through the site will not need to be altered or adjusted to fit improvements. Additional fees may apply to re-route the storm drainage system. 4. Merrick is assuming that all meetings will be held remotely and any meetin at the Town of Fraser will require drive time and mileage. Sheet List Co ver She et General Notes Sheet Survey & SUE Sheet Demolition and Site Restoration She et Grading and Drainage Plan She et Signage and Striping Plan Sheet Civil Detail She et Structural Plan She et Structural Detail Sheet Filename: Town of Frase r 2024 Bike Park Plan Set Fe e 20240202.xisx Page 1 oft 192 Date Printed: 2/5/2024 8595. 1-77 jlrft 8595.81 PARKING LOT DATA: - 2 HC STALLS (11'X20') WITH 5' LOADING ZONE - 15 STALLS (11'X20') - DRIVE LANE 20' WIDE 8595.5 8592.6 160 L.F. RETAINING WALL ROUGH GRADING REPORT RETAINING WALL @ SOUTH SIDE OF PARKING LOT TOTAL CUT = 569 CY TOTAL FILL = 521 CY NET = 48 CY CUT (EARTHW ORK CALCULATION DOES NOT INCLUDE PAVING THICKNESS, WALK THICKNESS AND RETAINING W ALL EXCAVATION) o water 8590 .0 I i 859 2.#t_ 8599 .7 RETAINING WALL HEIGHT VARIES BETW EEN 0'-8' TALL N 30' 0 15' 30' 1" = 30' HOR . 60' om MERRICK° BIKE PARK PARKING LOT - OPTION 1 DATE: 1 /16/2024 SHEET: 1 OF 1 LIONS PONDS AREA Topography an d Utility Infrastructure Cozens Ranch Open Space Town of Fraser, Grand County, CO QCozens Ranch Open Spa ce Parcel Town of Fraser Utilities + Hydrant Waterline O M anhole Co llectio n Line Winter Park Water & San District Production Well Raw Waterline Waterline _ Collectio n Line MPEI Sector Ca binet eeeE MPEI Primary Electric Line Preliminary Wetland/Riparian Analysis (GES) Open Water Riparian A rea/Wetland FEMA 1% Annual Chance Flood Hazard Zone (100 -year) FEM A Regulatory Floodway 0 50 100 200 300 NOTE: Map in cludes 1 -foot c ontours extract ed from 2020 LIDAR sourced from the Denver Area R egi onal Council of Govts (DRCOG). Utilities are from the Town of Fraser Public Works Dept, Winter Park R anch Water and Sanitation District, Mtn . P arks El ectric, Inc. Preliminary wetland analysis by Gr and Environmental Se rv ic es (GES). Map Pr oduc ed 11/15/2023 Feet 400 TRE ASU RER'S REPORT Laurie Waters Finance Director PL. -'' E W ) to cn • • STR Tax Revenue • ��aE� ut IiUIATXXE aq jjiM A;unoo puElo uzo xj s;uauxasingsip xE; A;xedoxd •dxEnxga3 aoj pOAiO3OX uaaq set; xE; saps auk gut st ;ueui esxnqun ex ;uEth 5uznp adxa I sg Axrniq e,3 t aaEIT SOAX OS OX j9. axemxo3 ONI auv /MIAMI **Ma rch Sale s Tax Reve nue is the Fe brua ry collection o a nua ry Ja nuary Sales T ax** FeU 0 -ba al o u 04 (1) vrwl 14 in 0 (IS ••••• O A PCI ;51 0 P - 5 � b N N w al NI � b Do NI V WI (a viS a b g 2 w **Ma rch Sales Tax Revenue is the February colle ction of Ja nuary Sales T ax** z 0 ed d Ni PCS d V � d NI V •� N 0 a) 0 ri 5 tri al X W 1.4 41,11 w g rg 4.1 tal , - . TOWN OF FRASER RESOLUTION NO. 2024-03-10 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED AGREEMENT FOR PLANNING AND PRECONSTRUCTION DEVELOPMENT SERVICES WITH MOUNTAIN AFFORDABLE HOUSING DEVELOPMENT LLC AND ALLOCATION OF CORRESPONDING FUNDS WHEREAS, the construction of Victoria Village remains a top Board priority; WHEREAS, the existing Agreement for Planning and Preconstruction Development Services with Mountain Affordable Housing Development LLC (MAHD) outlines estimated expenditures of $3,178,065 for expenses related to Planning and Programming as well as Design and Preconstruction; WHEREAS, the existing Agreement requires the written consent of the Town and amendment to the agreement for any amount to exceed the approved Planning and Programming cost of $762,715; WHEREAS, an additional $320,000 is required at this time to continue with ongoing Design and Preconstruction work to keep the Victoria Village project moving towards the construction phase anticipated to begin in Quarter 3 2024. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Manager is authorized to sign an amended Agreement for Planning and Preconstruction Development Services with Mountain Affordable Housing Development LLC providing for additional expenditure not to exceed a total fee of $1,082,715. 2. $320,000 from the General Fund Unassigned Fund Balance be allocated to the Town Board Victoria Village Project Fund (10-41-865) to cover this expenditure. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED THIS 201h DAY OF MARCH 2024. Votes in favor: Votes opposed: Abstained: (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor Pro-Tem ATTEST: Town Clerk 11111 1111 1111 MEMO TO: Mayor Pro-Tem Waldow and the Board of Trustees FROM: Lorraine Waters, Finance Director DATE: March 20, 2024 SUBJECT: Approval of Funds for Continued Design & Pre -Construction Work on Victoria Village MATTER BEFORE BOARD: Consideration of an amendment to the Agreement for Planning and Preconstruction Development Services with Mountain Affordable Housing Development LLC (MAHD) for the Victoria Village Project to allow for the additional allocation of $320,000 in funds not to exceed a total fee to MAHD of $1,082,715 so that preconstruction work on the design and engineering of the project may continue. BACKGROUND: The Town of Fraser signed an Agreement for Planning and Preconstruction Development Services with Mountain Affordable Housing Development LLC (MAHD) effective January 5, 2023 for planning and preconstruction development services for the Victoria Village Affordable Housing Project. This agreement outlines a scope of work for MAHD to include the preconstruction, development, and administration of the project with regard to master planning, design, site entitlements, permitting, project financing, constructability, negotiating with/ managing professional services providers (other than the construction manager/ general contractor), and overall program management and preconstruction administration. The complete scope of services provided by MAHD are included in the Agreement (found in Board Packet). The contract stipulates that for services rendered through Planning and Programming, MAHD shall not exceed a total fee of $762,715, including reimbursable expenses and administrative fees, without the prior written consent of Town and amendment of the contract. The Agreement outlines design and preconstruction expenses, including engineering, architectural design, public finance, legal and MAHD's expenses related to the design and preconstruction phase financing, administration, project management, oversight & reporting- estimated at $3,178,065. To continue the ongoing design and preconstruction phase with needed services through May 15th, MAHD has specified that an additional $320,000 in needed to supplement the previously approved amount of $762,715. Additional funding of approximately $1.8 million will then need to be allocated towards planning and pre -construction expenses in May 2024 to round out the funding required as outlined in the contract prior for the remaining services and corresponding expenses of the pre -construction phase. 2023 Agreement Estimates & 2024 Expected Budget Presented by MAHD March 6th, 2024 Planning & Programming $418,000 $418,000 $206,461. $90,746 $118,992 $325,453 Design & Pre -Construction ArchitectuaO Design Structural Engoneerong GeotechnocaO Covol & Surveyong Regulatory Fees Mosc (e.g. Marketong / Legal) MAHD Insurance Financial Management & Administration Contingency & Reimbursible Expense 11114111 111 10 4111144 14 $2,347,000 $2,347,000 $24,910 5562,195 $2,169,406 $2,194,316 $1,163,000 $1,163,000 - $194,260 $920,930 $920,930 $450,000 $450,000 - $37,500 $241,053 $241,053 $24,000 $24,000 $6,900 - - $6,900 $206,000 $206,000 $]18,010 $112,882 $407,316 $425,326 - - - $25,000 $250,000 $250,000 -. -. - $28,1.25 $56,250 $56,250 $504,000 $504,000 - $129,429 $258,857 $258,857 -. -. - $35,000 $35,000 $35,000 $269,500 $419,500 - $95,683 $50,375 $112,750 $208,433 $75,215 $411,565 $17,658 $35,166 $120,057 $130,398 Total 5762,715 53,178,065 52,765,000 5344,713 5738,482 52,521,205 52,858,601 Unspent 2023 Budget. (Savings) Incremental Cash Spend Through May 15 2024 Incremental Cash Spend Through Sept 302024 (Const'n Start) Incremental Budget Approval $418,002 $738,482 $2,521,205 5320,480 52,103,203 FISCAL INFORMATION: Allocation requested: $320,000 to Victoria Village Project Fund (10-41-865) Balance Available: $2,332,201 Fund: GF Unassigned Fund Balance RECOMMENDATION: Town staff has anticipated this request as it is in alignment with the current agreement for preconstruction services with MAHD and recommends the Board approve the Town Manager to sign an amended Agreement for Planning and Preconstruction Development Services with Mountain Affordable Housing Development to provide for preconstruction expenses up to an additional $320,000 (not to exceed a total fee amount of $1,082,715) and to approve allocation of the $320,000 from the General Fund Unassigned Fund Balance to the Victoria Village Project Fund to cover these expenses. APENDIXES: Agreement for Planning and Preconstruction Development Services (Mountain Affordable Housing Development LLC) 114C) k„,424 x ) II:: „u (;::0 804,42.. I rffir' ENT 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. ("Iowa") hereby retains Mountain Affordable Housing Development LLC, a Colorado limited liability company ("MA.HI)") (each a "P'arty°' and together the "Parties") to provide the services described generally below as may be requested by Town and as may be agreed by M.AHD, upon and subject to all the terms and provisions of this Agreement, This Agreement is effective as of January 5, 2023 (the " E.ffectiye Date"). MA.HD shall provide such professional services as Town may request and as MAUD 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 "rroject"), and include without limitation, those services and subcontractors that are listed on Jx.bibit..A (the "Services"), attached hereto and incorporated herein. 1.2. MA.HD shall act as Town's representative with respect to the management of the Project. MA.HD 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 (includi.ng 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. MAI-IL) 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 MARL) the agent of Town or any similar arrangement. 2. .Lumnmsatism.. reate a joint venture partnership or 2.1, MAIID will invoice Town monthly for the Services performed. The fee payable by Town to MA.HI) shall be based upon the level of effort employed by MAHD in performing the Services at the rates set forth in. F�atbibit.. 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 $24...7.5, 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 MA,H.D 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 M.AII:D 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. ti 1"own has the right tci 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 A.greement 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 MAI-ID'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, th,e non -defaulting Party shall have all rights and remedies available to it under this Agreement and at law. 4. RelationshiR.s�C:1kl 4.1. MAHD and Town agree that AL l7 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. A,s set forth in Exhibit A, MAI-ID shall request and review suhcon.tractors' 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 ccsnttnue to conduct its usssal 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, MAHL) agrees that Todd. Mohr and. Matthew Gi.nzberg will be personally involved and responsible for performing the Services required hereunder. Because Town has hired MAHI) for its professional expertise, MAF11) 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 he no subcontracting by subcontractors. 5. 5.1, To the fullest extent permitted by law, MA.HD 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 MAH.D, its agents or employees, or breach of this A.grecment. 5.2. Town agrees that MAI-ID shall not be liable under this Agreement to Town, or thci.r 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 MAiID 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 ("I Ames"), arising in 1m..y manner out of'or in connection with this: At.;reement, uTile s it is finally judicially determined that. such Losses resu.l.ted from th.e 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, ernployee, or affiliate of MAHD. 6,1. At all times during the course of the Services, MAHD will maintain the fillowing: 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); 11.1.2, 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. sin.gle '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 l.icen.sed, 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. Miscellaneums. 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 A.greemen.t 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, attic other. 7.3 This Agreement represents the entire and integrated agreement between Town and. M.AHD 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 nary 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 A.ct, C.R.S. § 24-10- 101, et s°eq., 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 enforceataent or the waiver of any one or Agreement by the Town shall not constitute a waiver of any of the Agreement. 7.12 Notice. Any notice under this Agreement shall be i writitt when directly presented or sent pre -paid, first class U.S. Mail to th the first page of this Agreement. more defaults or breaches of this other tens or obligation of this and shall be deemed sufficient Party at the address set forth on 7.13 Third Parties. There are no intended third -party beneficiaries to this Agreement. uted as of the Effective Date. [signatures on following pages] MOUNTAIN AFFORDABLE HOUSING DEVELOPMENT LL.C, a Colorado limited, liability company State of Colorado County of kit' regoing true gent was subscribed one instrument 2023, by _ . \_ Affordable poring Development, LLC, 7"OWN OF FRASER, a Colorado statutory, rnunicipality ni tn Town wn 1Vlttnagcr ortt to at d acknowledged before me this day of as ountain ZHARI "'DTTI: EARRIS-GF EW!EwLL Notary l�ub c ; tate of Colorado Notary ID t 2014400323) My Commission Expires 01-23^ EX . B. A $1Qpe-. Qtatukti.t. Scope of Services to Agreement dated January 5, 2023, between Mountain Aff ble Llousin.g Development, LX. ("M.A.HD") and Town of Fraser ("Town") MAID wi11 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, MAHI:)'s services for the initial phase of development through the first l.AiHTC 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,. Task 1 - Project lnitiatton and. Orientation. • Conduct initiation and project orientation meeting with the Town of Fraser; • Confirm project goals and initiatives; • R.evicw 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 11- Visioning and Programming • Prepare community visioning exhibits and documents; • Prepare development program alternatives (i.e., residential, comrn.ercial, 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 111 Preliminary Master .Plan Alternatives • Prepare refined development program. (i.e., residential, commercial, open space, etc.); • Review and incorporate updated environmental infiarrnation 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 1 -IV comments. This master statistical information related to site data, density, open space, etc. for respective planning areas; • Prepare final open space and amenity plan; • Prepare Phasing Plan; • Coordinate with the Town of Fraser regarding final master plan; Ia will include property and • 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 F,°rrtitlerrrents and Approvals • Conduct pre -submittal meeting; • Prepare Major Site Plan. Application. • Prepare preliminary plat • Prepare final plat • Conduct community outreach and publi. • Process building permits i eotecl►tlitni intaexi.ng he 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 geotechnicai evaluation report(s), ifany; • Drill exploratory borings in proposed development areas; • Conduct a laboratory testing and analysis program on selected samplcs obtained front 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, MA.HD will need to provide site spe planned Victoria Village lots/ building sites. Preparation and d reports is being included within the scope of this Agreement. fic staff] reports for cacti of the master ivery of the building site -specific soil Sslrming.s Citii r Bering MA.HI) 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: • "Tr. pographic 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 M,AHD's budgetary fee estimates. &chhi r is .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 diagranunatic 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 Desigrr in conjunction with and in support of ttre master planning process. A,s part of the scope of services herein, Architect will complete Conceptual Design Drawings for prototype designs to address Town and Cotnrnunity 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 he 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 Cavil 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 Str-ustur iva ri<It 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 (I) 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 a • Providing structural construction documents structural notes, iral requirements. in CAD including plans, details, and general 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) terms & 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 sctredule 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 PAI3 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 LII ITC 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 rep( performance 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. to inform Town of the following Material procurement and cost of materials is excluded from the scope of this Agreement, l., istolliS_uhminiclors; Service aster Planning Architectural & Interior Design. Public Finance Consulting Preconstruction Estimating, Scheduling and Material. Procurement Land Surv ing Geotechnical Engineerin vi1 Engineering Structural. Engineering Others KKW µ Subcontractor Votel & Associates Eric Smith & Associates P.C. S. B. Clark Comdr Big Valley Construction LLC '0 be determined o be determined_ be determined To be determined. be determined EXHIBIT B Rates and Fees to Agreement dated January 5, 2023, between Mountain Affordable Housing Development, LLC, ("MAID") and. Town of Fraser ("Town") MAHD's hourly rates for services rendered pursuant t.o the Agreement, by position, are: Po Managing Director )irector Senior Technical Consultant nsultan Project Accountant. Clerical & Administrative Support ourly Rates (2023 Calendar Year) $275 $250 $225 85 - $205 50 - $175 25-$175 5-$11.5 MAHD's current hourly rates are subject to adjustment from time to titxte and at least annually effective January 1. MAHD's rates for the 2023 calendar year are outlined above, MAEID 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 M.A.FID and subcontractor service fees for Phase 1 Planning, Programming, Design and Preconstruction are as follows: Service Raster Planning onceptual Desk reconstruction Estimating & Scheduling AA1iD - Planning& Programming ublic Finance MA.HD - Financing„ Financial Mani ement, Administration Contingency (i7 15% _w.._..__._._._._w_.. ...w...._....e._.._....__ Gc otec hnical Enainerrip g Surveying & Civil Engineering Architectural. Design & Construction Documentation traxctural Engineerrc lie Finance MAHD - Financing Fnxancaal Management Administration :A. .D - Proect Management, Oversight & Reporting S Pub ngency (u 15`/ Subtotal Service er Reimbursable Expenses Estimated fir, 3% of Servic arming & o =parr 1. i1 $112,000 $90,00 $15,000 $201,000 $45,000 $90,000 ;134„500 Design & Preconstruction S2h01 $206,000 $1,163,000 $450,000 $255,000 $134,500_ $504,000 .µ_ _$302000 $319,000 $740,500 $3,085,50 $22,215 $92,565 $762,715 $3,178,065 Fees for subcontractors will be invoiced to Town as an incurred expense plus five percent (5%) for related admi.ni,strative costs. TOWN OF FRASER RESOLUTION NO 2024-03-11 A RESOLUTION OF THE TOWN OF FRASER, COLORADO APPROVING THE INCLUSION OF CERTAIN PROPERTY INTO THE BOUNDARIES OF GP NORTH MEADOW METROPOLITAN DISTRICT WHEREAS, the Board of Directors of the GP North Meadow Metropolitan District (the "District") received a petition filed pursuant to Section 32-1-401, Colorado Revised Statutes, for the inclusion of certain property into the boundaries of the district. The property is more particularly described in the Petition for Inclusion attached hereto as Exhibit A (the "Petition"); WHEREAS, pursuant to Section III of the Byers View Metropolitan District, GP North Meadow Metropolitan District, and GP South Meadow Metropolitan District Consolidated Service Plan, which the Town of Fraser Board of Trustees ("Board of Trustees") approved on May 17, 2023 by Resolution No 2023-05-07, the District must obtain the Town of Fraser's approval prior to including property into the District's boundaries that is not part of the initial service area of Byers View Metropolitan District, GP North Meadow Metropolitan District, or GP South Meadow Metropolitan District; WHEREAS, the area sought to be included into the District is located entirely within the Town of Fraser, Grand County, Colorado, and does not include property within any other county or within any other incorporated city, town, or city and county; and WHEREAS, the Board of Trustees finds and determines that it is in the best interest of the Town of Fraser and the District to modify the District's boundaries as requested in the Petition. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Fraser, Grand County, Colorado, as follows: Section 1. The Board of Trustees hereby finds and determines that the change in boundaries of the District as proposed in the Petition does not adversely affect the District nor does it affect its rights or privileges whatsoever. Section 2. The Board of Trustees hereby approves the Petition and the inclusion of the land described in the Petition into the District's boundaries. A copy of the Petition is attached hereto as Exhibit A and the legal description of the land described therein (the "Property") is incorporated herein by reference. Section 3. This Resolution shall be effective upon adoption. Section 4. The Town Clerk shall certify to the passage of this Resolution, make not less than one copy of the adopted Resolution available for inspection during regular business hours. READ, PASSED ON ROLL CALL VOTE, ADOPTED BY THE BOARD OF TRUSTEES THIS 20th DAY OF MARCH 2024. Voted in favor: Votes opposed: Absent: CERTIFICATION BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor Pro-Tem ATTEST: Town Clerk The undersigned, Antoinette McVeigh, Town Clerk for the Town of Fraser, Colorado, does hereby certify that the above is a true and correct copy of a resolution duly adopted by the Fraser Board of Trustees at a regular meeting duly convened on (Signature) (SEAL) EXHIBIT A Petition for Inclusion DN 4349807.1 n' c e r NICOLE PEYKOV DIRECT DIAL: (303) 839-3715 npeykov@spencerfane.com February 1, 2024 Via E-mail Michael Brack Fraser Town Manager P.O. Box 370 Fraser, CO 80442 mbrack@town.fraser.co.us Kent Whitmer Fraser Town Attorney P.O. Box 370 Fraser, CO 80442 kent@whitmerlawfirm.com Re: Inclusion of Property into GP North Meadow Metropolitan District Dear Mr. Brack and Mr. Whitmer: File No. 5031565.0009 This office represents GP North Meadow Metropolitan District (the "District"). The District received a Petition for Inclusion from a property owner adjacent to the District's boundaries. A copy of the Petition for Inclusion is enclosed herewith. Pursuant to Section III of the Byers View Metropolitan District, GP North Meadow Metropolitan District, and GP South Meadow Metropolitan District Consolidated Service Plan, which the Town of Fraser Board of Trustees approved on May 17, 2023 via Resolution No. 2023-05-07 (the "Service Plan"), the District must obtain the Town's approval prior to including property into the District's boundaries that is not part of the initial service area of Byers View Metropolitan District, GP South Meadow Metropolitan District, or the District. The property to be included into the District's boundaries is a 5 -acre parcel located south of Highway 40 and west of Old Victory Road in the Town of Fraser, Colorado (the "Property"). A map depicting the location of the Property is enclosed herewith. The owner of the Property, Grand Park Development LLC, recently purchased the Property and has requested the Property be included into the District to be able to receive services from the District. The owner of the Property and the District anticipate public improvements for the Property in the future and inclusion into the District's boundaries will facilitate those activities. Pursuant to the Petition for Inclusion, the owner of the Property has consented to the Property being liable for assessments and other obligations of the District, including any and all terms and conditions the District establishes, and to all duly promulgated rules, regulations, and rates of the District. GP North Meadow Metropolitan District February 1, 2024 Page 2 Therefore, in accordance with Section III of the Service Plan, the District hereby requests the Town of Fraser Board of Trustees approve the inclusion of the Property into the District's boundaries. Please contact our office if you have any questions or concerns. Thank you and we look forward to hearing from you. Sincerely, /s/Nicole Peykov Nicole Peykov Enclosures DN 3422943.1 IN THE MATTER OF THE GP NORTH MEADOW METROPOLITAN DISTRICT TOWN OF FRASER, GRAND COUNTY, COLORADO PETITION FOR INCLUSION The undersigned hereby respectfully petitions GP North Meadow Metropolitan District (the "District"), acting by and through its Board of Directors, for the inclusion of the hereinafter described real property into the boundaries of the District, which real property is situated within the Town of Fraser, County of Grand, State of Colorado. The undersigned hereby consents that the herein described property be included in said District and that an Order may be entered in the District Court in and for the County of Grand, State of Colorado, including said land into the boundaries of the District, and that from and after the entry of such Order, said land shall be liable for assessments or other obligations of the District, including any and all terms and conditions established by the District and to all duly promulgated rules, regulations, and rates of the District and the same are hereby accepted by the Petitioner. The undersigned represents to the District that it is the fee owner of the real property described below and that no other persons, entity or entities own an interest therein except as beneficial holders of encumbrances. The undersigned further represents to the District that the area sought to be included into the District is located entirely within the Town of Fraser, County of Grand, State of Colorado, and does not include property within any other county or incorporated city, town, or city and county, and that no notice of the proposed inclusion under Section 32-1-207(2), C.R.S., as amended, is required. Acceptance of the Petition shall be deemed to have occurred at that time when the Board of Directors of the District sets the date for the public hearing for consideration of the Petition. The name and address of the Petitioner and the legal description of the property are as follows: Petitioner GRAND PARK DEVELOPMENT LLC Address: 46 Market Street Fraser, CO 80442 Legal Description: See Exhibit A, also known as 76718 US Highway 40, Fraser, Colorado 80442 PETITIONER: GRAND PARK DE V,,:„LOPMENT LLC, a Colorado limited,r ��i1 il ol .any By: Name: Title: STATE OF COUNTY OF ) ss. g . 4 -- The as this of e ore om instrument was acknowled ed before mein ��� 2024, by , as of Grand Park Development LLC, : Colorado limited liability company, Petitioner. Witness my hand and official seal. My Commission Expires: TONJA MAC L"_?RO �� � NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20234005827 MY COMM;SSI©N EXPIRES (12/13/2027 7 DE 8461843.1 EXHIBIT A DE 8461843.1 r jECEPTION#: 2023006826, 10/04/2023 at 01:09:31 rCZrand County Clerk and Recorder, Colorado PM, 2 OF 2, Jolene S. Linke, GRANTOR GRAS TEE: GRANDJAX DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMp� Parcel A: EXHIBIT "A" Attached to and forming a part of WARRANTY DEED between STEVO SUMRALL AND MARY TO SUMRALL LEGAL DESCRIPTION All that portion of the SE1/4SWI/4 of 8 en 20, Township 1 South, Range 75 West of the 6th P.M. described u follows: 0 Commencing at the Northwest corner of the S 1/ /4 of said Section 20; thence South 00°13'27" But, along the West line of the SE1/48WU4 of uidtection 20, a distance of 582.71 feet to the TRUE POINT OF BEGINNING: thence North 89°46'3 333.77 feet; thence South 00°13'27" East, parallel with the West Bee of the SE1/4SW1/4 ofsa d tan 20, a distance of 652.55 teat; thence South 89°46'33" West, 333.77 feet to the West line of4 ►(`e SE1/43W114 of said Section 20; thence North 00°13'27' West, along the West line of the SE1/(SW 74 o�uid Section 20, a distance of 652.55 feet to the TRUE POINT OF BEGINNING. �i Parcel B: A non-exclusive easement for access and utilities to a tract as d edin Book 467, Page 870 of the Grand County, Colorado Records, being 35 feet in width described a follows: Beginning at the Northwest corner of the SE1/4 of the SW1/4 of Section 20, TIS. R7SW VIie 6th P.M.Thence South 00°13'27" East, along the West line of the SE1/4 of the SW 1/4 of uld • W 20 an approximate distance 01582.71 feet to the Northwest corner of the property dearth tinJook 467, Page 870 of the Grand County, Colorado Records. Thence North 89°46'33" East aloligsgsairi p_ roperty line a distance of 35'. Thence North 00°13'27" West an approximate distance 01582.71 feefto the Northerly fine of the SEI/4 of the said SWIM of sold Section 20, Thence South 8�'47'25j West along the North line of the 5E1/4 of the SW1/4 of said Section 20 a distance of 35 feet toae.p i et of beginning. Parcel C: re TOGETHER WITH a non-exclusive easement and right-of-way for the egress to and from U.S. Highway 40, said easement being over and across theme 60.00 f tses of In�iccnd ♦ easement on the Westerly portion of Block 1, A RESUBDIVISION OF TRACTS D AND B, OFX MINOR RESUBDIVISION OF PARCEL C, OF FOREST MEADOWS SOLAR COMMUNITY° • according to the Plat Med July 24,1984, at Reception No. 218772. Comely of Grand, State of Colorado. also known by street and number as: 76718 US HWY 40, Fraser, CO 80442 TITLE COMPANY t onw.WuuaNrrDam- 0304559 October 2.2023 2:39PM -r 521 OUTLOT 5 660 617 631 651 566 455 455 it L 1 L '511> 541,E 551 55 450 255 243 `227y 219 c 1¢95'x 5`, ' X1:79 1'577 "26 421 71'474 �97 1(96 ul 124 91'1,R0 � &.. 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