agenda - nederland, colorado · 3/3/2015 · copies of the agenda and meeting packet are available...

TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING

NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 March 3, 2015, 7:00 P.M. AGENDA

A. CALL TO ORDER – 7:00 PM

B. ROLL CALL

C. CONSENT AGENDA

1. Approval of March 3, 2015 Accounts Payable Schedule A.

2. Approval of March 3, 2015 Accounts Payable Schedule B.

3. Approval of February 17, 2015 Regular Meeting Minutes.

4. Approval of grant funds agreement for Boulder County Economic Development Grant to support staffing at the Visitors Center.

D. PUBLIC COMMENT ON NON-AGENDA ITEMS (Speakers limited to 3 minutes)

E. INFORMATIONAL ITEMS 1. Monthly Update on Town Maintenance Shops Project.

F. ACTION ITEMS 1. Consideration of an agreement with Positive Energies to conduct a feasibility study

for a DC power system for the Town Maintenance Shops Project. 2. Consideration of a contract for engineering with RG & Associates for Category C

flood repair work on Town roads. 3. Consideration of Resolution 2015-09 to allow the Mayor to sign NedPeds related

agreements with CDOT.

G. DISCUSSION ITEMS

H. OTHER BUSINESS

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I. ADJOURNMENT

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

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http://www.nederlandco.org/


Town of Nederland

VendorInvoiceNumber Approved Amt Budgeted $Date YTD Balance

Council Approval ReportPage 12/17/2015 12:30pm

(Council Approval Report)

Description Due Date Account NumberInvoice Amt Account Description

General Fund2 Indian Peaks Ace Hardware, PO BOX 1450, Nederland, CO, 804662015-01 $8.99 $0.0001/31/15 ($300.11)02/15/15 10-18-5410$8.99 Office Supplies2015-01 $107.43 $0.0001/31/15 $2,886.5702/15/15 10-20-5205$107.43 Building Maintenance2015-01 $88.39 $0.0001/31/15 ($88.39)02/15/15 10-20-5450$88.39 Minor Equipment2015-01 $175.36 $0.0001/31/15 ($2,994.86)02/15/15 10-20-5505$175.36 Vehicle Maintenance & R2015-01 $173.67 $0.0001/31/15 ($1,002.10)02/15/15 10-20-5510$173.67 Equipment Maintenance 2015-01 $79.95 $0.0001/31/15 ($79.95)02/15/15 10-20-5550$79.95 Safety Equipment2015-01 $4.49 $0.0001/31/15 ($4.49)02/15/15 10-20-6400$4.49 Equipment

$638.28Dot's Diner, PO Box 667, Nederland, CO, 80466

2015-02-13 $16.00 $0.0002/13/15 $8,412.12NedWeb Reimbursement 02/13/15 10-00-2100$16.00 Accrued Payable

$16.009 B&F Super Foods, PO BOX 1408, Nederland, CO, 804662015-01 $10.65 $0.0002/02/15 ($270.65)02/17/15 10-11-5830$10.65 Meals2015-01 $19.04 $0.0002/02/15 ($135.42)02/17/15 10-12-5410$19.04 Office Supplies2015-01 $33.22 $0.0002/02/15 ($33.22)02/17/15 10-12-5415$33.22 Sundries2015-01 $9.88 $0.0002/02/15 ($9.88)02/17/15 10-18-5830$9.88 Meals

$72.7914 Canon Solutions America, Inc., 15004 Collections Centere Drive, Chicago, IL, 606934015049391 $41.20 $0.0001/31/15 ($41.20)Copier Maintenance 02/10/15 10-12-5471$41.20 Office Equipment Mainte

$41.2017 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402015-01 $330.45 $0.0001/28/15 ($350.33)02/07/15 10-12-5232$330.45 Phone2015-01 $85.95 $0.0001/28/15 ($85.95)02/07/15 10-12-5233$85.95 Internet2015-01 $153.44 $0.0001/28/15 ($155.16)02/07/15 10-18-5232$153.44 Phone2015-01 $85.95 $0.0001/28/15 ($85.95)02/07/15 10-18-5233$85.95 Internet2015-01 $31.46 $0.0001/28/15 ($32.97)02/07/15 10-20-5232$31.46 Phone2015-01 $66.00 $0.0001/28/15 ($66.00)02/07/15 10-20-5233$66.00 Internet

$753.2518 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21871329191127 $11.88 $0.0001/31/15 ($350.33)Long Distance 02/10/15 10-12-5232$11.88 Phone1329191127 $1.72 $0.0001/31/15 ($155.16)Long Distance 02/10/15 10-18-5232$1.72 Phone1329191127 $1.51 $0.0001/31/15 ($32.97)Long Distance 02/10/15 10-20-5232$1.51 Phone

$15.1122 Donna Schneider, 512 S. Vance Court, Lakewood, CO, 802262015-01 $412.50 $0.0001/31/15 ($412.50)Prosecution Services 02/10/15 10-17-5105$412.50 Court Services

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Town of Nederland





$412.5031 Home Depot, Dept 32-2149172631, Columbus, OH, 43218-31752015-01 $632.06 $0.0001/29/15 ($2,204.68)02/18/15 10-20-5520$632.06 Minor Supplies (tools)

$632.0633 Interwest Safety Supply, PO BOX 31, Provo, UT, 84603IN-14663 $1,187.00 $0.0001/31/15 ($1,187.00)Barricade 02/20/15 10-20-5535$1,187.00 Minor Supplies (signs)

$1,187.0034 JVA, Inc., 1319 Spruce Street, Boulder, CO, 8030253933 $718.00 $0.0001/26/15 $8,412.12Town Shop 02/05/15 10-00-2100$718.00 Accrued Payable

$718.0039 Murray Dahl Kuechenmeister & Renaud LLP, 1530 16th, Suite 200, Denver, CO, 8020212151 $3,011.85 $0.0001/31/15 ($3,011.85)legal services 02/10/15 10-12-5100$3,011.85 Legal12151 $156.25 $0.0001/31/15 ($156.25)legal services 02/10/15 10-15-5100$156.25 Legal

$3,168.1041 Napa Auto Parts, 3550 Arapahoe Road, Uni #6, Boulder, CO, 80303013115 $10.66 $0.0001/31/15 ($10.66)02/15/15 10-12-5740$10.66 Bank Fees123114 $1.86 $600.0012/31/14 $427.16Svc Charge / Invoice 455668 Bal 01/15/15 10-12-5740$1.86 Bank Fees451492 $76.04 $7,000.0011/14/14 $205.99Ford Explorer 11/29/14 10-18-5505$76.04 Vehicle Maintenance & R450473 $22.98 $15,000.0011/12/14 ($663.93)Wiper Blades 11/27/14 10-20-5505$22.98 Vehicle Maintenance & R464855 $59.99 $15,000.0012/24/14 ($663.93)Batteries 01/08/15 10-20-5505$59.99 Vehicle Maintenance & R465683 $26.98 $15,000.0012/29/14 ($663.93)01/13/15 10-20-5505$26.98 Vehicle Maintenance & R466534 $501.77 $15,000.0012/31/14 ($663.93)01/15/15 10-20-5505$501.77 Vehicle Maintenance & R473425 $520.00 $0.0001/20/15 ($2,994.86)Heavy Equip Service 02/04/15 10-20-5505$520.00 Vehicle Maintenance & R475224 $494.45 $0.0001/26/15 ($2,994.86)Diesel Engine Oil 02/10/15 10-20-5505$494.45 Vehicle Maintenance & R475799 $39.48 $0.0001/27/15 ($2,994.86)Vehicle Safety Kits 02/11/15 10-20-5505$39.48 Vehicle Maintenance & R

$1,754.2153 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662015-01 $108.93 $0.0002/01/15 ($108.93)January Trash Services 02/16/15 10-20-5220$108.93 Trash Services

$108.9354 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477443989012 $683.33 $0.0002/02/15 ($683.33)Street Lights 02/12/15 10-20-5235$683.33 Street Lights

$683.3357 Business Connection, PO BOX 3277, Nederland, CO, 80466184614 $69.50 $0.0002/02/15 ($123.50)Budget Book Binding 02/12/15 10-12-5770$69.50 Printing/Copying184619 $54.00 $0.0002/02/15 ($123.50)EPAC Pod Maps 02/12/15 10-12-5770$54.00 Printing/Copying

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Town of Nederland




Description Due Date Account NumberInvoice Amt Account Description73 United Systems Technology, Inc., PO BOX 204814, Dallas, TX, 75320-481481732 $16.56 $600.0012/31/14 $317.20ebills 01/10/15 10-12-5730$16.56 Credit Card fees82023 $10.56 $0.0001/30/15 ($110.56)Utility Billing eBills 02/09/15 10-12-5730$10.56 Credit Card fees

$27.1276 General Air Service & Supply, 1105 Zuni Street, Denver, CO, 80204-333891347618-1 $38.68 $0.0012/31/14 ($114.79)01/10/15 10-20-5470$38.68 Leased Equipment91378465-1 $38.68 $0.0001/31/15 ($38.68)02/10/15 10-20-5470$38.68 Leased Equipment

$77.36102 Employer Council Services, Inc., PO BOX 539, Denver, CO, 80201-0539123318 $268.60 $0.0001/29/15 ($298.60)HR Posters 02/08/15 10-12-5127$268.60 Human Resources

$268.60

$10,697.34Total General Fund

Community Center Fund2 Indian Peaks Ace Hardware, PO BOX 1450, Nederland, CO, 804662015-01 $267.29 $0.0001/31/15 ($267.29)02/15/15 20-25-5205$267.29 Building Maintenance2015-01 $27.65 $0.0001/31/15 ($27.65)02/15/15 20-25-5520$27.65 Minor Supplies (tools)

$294.9417 Century Link, PO BOX 29040, Phoenix, AZ, 85038-90402015-01 $196.27 $0.0001/28/15 ($201.76)02/07/15 20-25-5232$196.27 Phone2015-01 $115.95 $0.0001/28/15 ($115.95)02/07/15 20-25-5233$115.95 Internet

$312.2218 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-21871329191127 $5.49 $0.0001/31/15 ($201.76)Long Distance 02/10/15 20-25-5232$5.49 Phone

$5.4931 Home Depot, Dept 32-2149172631, Columbus, OH, 43218-31752015-01 $21.80 $0.0001/29/15 ($21.80)02/18/15 20-25-5250$21.80 Janitorial Supplies

$21.8053 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662015-01 $115.75 $0.0002/01/15 ($115.75)January Trash Services 02/16/15 20-25-5220$115.75 Trash Services

$115.75

$750.20Total Community Center Fund

Sewer Fund2 Indian Peaks Ace Hardware, PO BOX 1450, Nederland, CO, 80466

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Town of Nederland




Description Due Date Account NumberInvoice Amt Account Description2015-01 $8.98 $0.0001/31/15 ($8.98)02/15/15 40-45-5520$8.98 Minor Supplies (tools)2015-01 $5.99 $0.0001/31/15 ($564.42)02/15/15 40-45-5550$5.99 Safety Equipment2015-01 $7.96 $0.0001/31/15 ($638.03)02/15/15 40-45-5665$7.96 Lab Supplies/Chemicals

$22.939 B&F Super Foods, PO BOX 1408, Nederland, CO, 804662015-01 $19.56 $0.0002/02/15 ($638.03)02/17/15 40-45-5665$19.56 Lab Supplies/Chemicals



$2.1434 JVA, Inc., 1319 Spruce Street, Boulder, CO, 8030253933 $718.00 $0.0001/26/15 $9,916.52Town Shop 02/05/15 40-00-2100$718.00 Accrued Payables

$718.0041 Napa Auto Parts, 3550 Arapahoe Road, Uni #6, Boulder, CO, 80303450473 $22.98 $4,000.0011/12/14 ($777.36)Wiper Blades 11/27/14 40-45-5505$22.98 Vehicle Maintenance & R475799 $39.48 $0.0001/27/15 ($1,342.22)Vehicle Safety Kits 02/11/15 40-45-5505$39.48 Vehicle Maintenance & R

$62.4653 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-44662015-01 $108.75 $0.0002/01/15 ($108.75)January Trash Services 02/16/15 40-45-5220$108.75 Trash Services

$108.7568 Utility Notification Center of Colorado, 16361 Table Mountain Parkway, Golden, CO, 8040321412529 $4.59 $240.0012/31/14 $3.60locate services 01/10/15 40-45-5183$4.59 Locate Services21501513 $7.15 $0.0001/31/15 ($7.15)locate services 02/10/15 40-45-5183$7.15 Locate Services

$11.74192 Mountain Man Outdoor Store, 20 Lakeview Drive #111, Nederland, CO, 804661 $298.00 $0.0002/09/15 ($1,353.00)Danny / Ben Jackets 02/09/15 40-45-5560$298.00 Uniforms

$298.00

$1,396.93Total Sewer Fund

Water Fund2 Indian Peaks Ace Hardware, PO BOX 1450, Nederland, CO, 80466

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Town of Nederland




Description Due Date Account NumberInvoice Amt Account Description2015-01 $20.77 $0.0001/31/15 ($20.77)02/15/15 50-45-5205$20.77 Building Maintenance2015-01 $306.03 $0.0001/31/15 ($394.48)02/15/15 50-45-5520$306.03 Minor Supplies (tools)2015-01 $43.70 $0.0001/31/15 ($43.70)02/15/15 50-45-5530$43.70 Minor Supplies (infrastruc



$1.5031 Home Depot, Dept 32-2149172631, Columbus, OH, 43218-31752015-01 $145.28 $0.0001/29/15 ($145.28)02/18/15 50-45-6150$145.28 Building Improvements

$145.2834 JVA, Inc., 1319 Spruce Street, Boulder, CO, 8030253933 $718.00 $0.0001/26/15 $4,260.34Town Shop 02/05/15 50-00-2100$718.00 Accrued Payables

$718.0068 Utility Notification Center of Colorado, 16361 Table Mountain Parkway, Golden, CO, 8040321412529 $4.59 $200.0012/31/14 ($36.37)locate services 01/10/15 50-45-5183$4.59 Locate Services21501513 $7.15 $0.0001/31/15 ($7.15)locate services 02/10/15 50-45-5183$7.15 Locate Services

$11.7482 Municipal Treatment Equipment Inc., 17301 West Colfax Avenue, Unit 105, Golden, CO, 80401151092 $276.00 $0.0001/29/15 ($276.00)Equipment Repair 02/08/15 50-45-5510$276.00 Equipment Maintenance

$276.00

$1,668.12Total Water Fund

Downtown Development Fund9 B&F Super Foods, PO BOX 1408, Nederland, CO, 804662015-01 $69.00 $0.0002/02/15 ($69.00)02/17/15 70-75-5830$69.00 Meals

$69.00

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Town of Nederland





Total Bills To Pay: $14,581.59

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Town of Nederland


Council Approval ReportPage 12/24/2015 10:04am



General FundGovernment Finance Officers Assoc, 203 N LaSalle St, Suite 2700, Chicago, IL, 60601-1216

145002 $160.00 $0.0002/10/15 ($160.00)Membership Dues 02/10/15 10-12-5850$160.00 Annual Membership/Due

$160.00Jolein A Harro, 13978 W Bowles Ave, Suite 200, Littleton, CO, 80127

2015-01 $500.00 $0.0001/30/15 ($1,412.50)Jan Judicial Services 01/30/15 10-17-5105$500.00 Court Services

$500.0013 Canon Financial Services, Inc., 14904 Collections Center Drive, Chicago, IL, 60693-014914622071 $172.00 $0.0002/10/15 ($344.00)copier lease 02/20/15 10-12-5470$172.00 Leased Equipment

$172.0040 Mutual of Omaha Credit Card, PO BOX 790408, St. Louis, MO, 63179-04082015-01 $50.00 $0.0002/05/15 ($50.00)02/25/15 10-11-5810$50.00 Conference/Training2015-01 $99.00 $0.0002/05/15 ($99.00)02/25/15 10-11-5820$99.00 Lodging2015-01 $20.55 $0.0002/05/15 ($20.55)02/25/15 10-12-5182$20.55 Background Checks2015-01 $26.71 $0.0002/05/15 ($47.90)02/25/15 10-12-5250$26.71 Janitorial Supplies2015-01 $545.70 $0.0002/05/15 ($545.70)02/25/15 10-12-5420$545.70 Software2015-01 $325.00 $0.0002/05/15 ($325.00)02/25/15 10-12-5810$325.00 Conference/Training2015-01 $21.80 $0.0002/05/15 ($21.80)02/25/15 10-14-5182$21.80 Background Checks2015-01 $170.00 $0.0002/05/15 ($170.00)02/25/15 10-14-5810$170.00 Conference/Training2015-01 $331.90 $0.0002/05/15 ($331.90)02/25/15 10-14-5820$331.90 Lodging2015-01 $47.14 $0.0002/05/15 ($386.07)02/25/15 10-18-5410$47.14 Office Supplies2015-01 $107.43 $0.0002/05/15 ($107.43)02/25/15 10-18-5520$107.43 Minor Supplies (tools)2015-01 $49.88 $0.0002/05/15 ($72.95)02/25/15 10-18-5550$49.88 Safety Equipment2015-01 $27.64 $0.0002/05/15 ($27.64)02/25/15 10-18-5810$27.64 Conference/Training2015-01 $144.33 $0.0002/05/15 ($154.21)02/25/15 10-18-5830$144.33 Meals2015-01 $45.00 $0.0002/05/15 ($45.00)02/25/15 10-18-5850$45.00 Annual Membership/Due2015-01 $190.08 $0.0002/05/15 ($190.08)02/25/15 10-20-5250$190.08 Janitorial Supplies2015-01 $445.88 $0.0002/05/15 ($3,477.72)02/25/15 10-20-5505$445.88 Vehicle Maintenance & R2015-01 $2,376.90 $0.0002/05/15 ($3,379.00)02/25/15 10-20-5510$2,376.90 Equipment Maintenance 2015-01 $1,724.26 $0.0002/05/15 ($3,928.94)02/25/15 10-20-5520$1,724.26 Minor Supplies (tools)2015-01 $93.90 $0.0002/05/15 ($93.90)02/25/15 10-20-5830$93.90 Meals

$6,843.1041 Napa Auto Parts, 3550 Arapahoe Road, Uni #6, Boulder, CO, 80303478238 $186.83 $0.0002/03/15 ($192.41)NPD Patrol #1 02/18/15 10-18-5505$186.83 Vehicle Maintenance & R478413 $5.58 $0.0002/04/15 ($192.41)P #1 02/19/15 10-18-5505$5.58 Vehicle Maintenance & R479860 $36.98 $0.0002/09/15 ($3,477.72)02/24/15 10-20-5505$36.98 Vehicle Maintenance & R

$229.3946 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-9020

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Town of Nederland




Description Due Date Account NumberInvoice Amt Account Description2015-02 $21.19 $0.0002/15/15 ($47.90)Office Supplies 02/25/15 10-12-5250$21.19 Janitorial Supplies2015-02 $327.98 $0.0002/15/15 ($468.40)Office Supplies 02/25/15 10-12-5410$327.98 Office Supplies2015-02 $201.31 $0.0002/15/15 ($201.31)Office Supplies 02/25/15 10-14-5410$201.31 Office Supplies2015-02 $38.82 $0.0002/15/15 ($386.07)Office Supplies 02/25/15 10-18-5410$38.82 Office Supplies2015-02 $16.78 $0.0002/15/15 ($16.78)Office Supplies 02/25/15 10-20-5410$16.78 Office Supplies

$606.0849 Safebuilt, 3755 Precision Drive, Suite 140, Loveland, CO, 805380019339-IN $1,480.33 $0.0001/31/15 ($1,480.33)Bldg Permit / Plan Review 03/02/15 10-15-5121$1,480.33 Permitting and Plan Revi0019362-IN $150.00 $0.0001/31/15 ($150.00)Code Enforcement 03/02/15 10-15-5165$150.00 Code Enforcement

$1,630.3354 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477445736526 $266.48 $0.0002/16/15 ($351.99)02/26/15 10-12-5230$266.48 Electric445736526 $88.31 $0.0002/16/15 ($107.95)02/26/15 10-12-5231$88.31 Gas445736526 $103.57 $0.0002/16/15 ($129.27)02/26/15 10-18-5230$103.57 Electric445736526 $123.45 $0.0002/16/15 ($169.38)02/26/15 10-18-5231$123.45 Gas445736526 $392.46 $0.0002/16/15 ($488.49)02/26/15 10-20-5230$392.46 Electric445736526 $293.43 $0.0002/16/15 ($392.72)02/26/15 10-20-5231$293.43 Gas445736526 $373.25 $0.0002/16/15 ($470.36)02/26/15 10-99-5230$373.25 Electric445736526 $51.88 $0.0002/16/15 ($65.86)02/26/15 10-99-5231$51.88 Gas

$1,692.8357 Business Connection, PO BOX 3277, Nederland, CO, 80466185052 $5.00 $0.0002/11/15 ($468.40)NHS Certificates 02/21/15 10-12-5410$5.00 Office Supplies185153 $189.15 $0.0002/13/15 ($312.65)Printing - Housing Study 02/23/15 10-12-5770$189.15 Printing/Copying184776 $20.77 $0.0002/06/15 ($20.77)UPS 02/16/15 10-18-5710$20.77 Postage/Shipping

$214.9267 David Gloss, 2801 Youngfield Street, #300, Golden, CO, 804012015-02 $500.00 $0.0002/13/15 ($1,412.50)Feb Judicial Services 02/23/15 10-17-5105$500.00 Court Services

$500.00110 Accounting Specialist, PO BOX 10, Nederland, CO, 8046673bkg $175.00 $0.0001/22/15 ($550.00)1099s 02/01/15 10-12-5126$175.00 Payroll Service

$175.00143 Flagstaff Surveying Inc., 637 South Broadway, Suite C, Boulder, CO, 803052015-02 $976.67 $0.0002/12/15 $9,388.79Survey Town Shop Site 02/22/15 10-00-2100$976.67 Accrued Payable

$976.67162 Colorado Asphalt Services, Inc. (CASI), PO BOX 329, Commerce City, CO, 8003739667 $353.70 $0.0002/03/15 ($353.70)Cold Asphalt 03/05/15 10-20-5650$353.70 Asphalt

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Description Due Date Account NumberInvoice Amt Account Description313 Butterfly Effect Promotions, LLC, 3875 Arbol Ct, Boulder, CO, 803011010 $1,500.00 $0.0002/12/15 ($1,500.00)FDGD Advertising - Tourism Grant 02/22/15 10-99-9416$1,500.00 Colorado Office of Econ

$1,500.00314 Envirotech Services, Inc, PO Box 5512, Denver, CO, 80217CD201509884 $1,296.10 $0.0002/10/15 ($1,935.44)Ice Slicer 03/12/15 10-20-5640$1,296.10 Salt/Sand

$1,296.10


Community Center Fund40 Mutual of Omaha Credit Card, PO BOX 790408, St. Louis, MO, 63179-04082015-01 $103.35 $0.0002/05/15 ($125.15)02/25/15 20-25-5250$103.35 Janitorial Supplies2015-01 $8.49 $0.0002/05/15 ($268.01)02/25/15 20-25-5410$8.49 Office Supplies2015-01 $237.99 $0.0002/05/15 ($259.74)02/25/15 20-25-5450$237.99 Minor Equipment2015-01 $5.20 $0.0002/05/15 ($5.20)02/25/15 20-25-5830$5.20 Meals

$355.0346 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202015-02 $180.20 $0.0002/15/15 ($268.01)Office Supplies 02/25/15 20-25-5410$180.20 Office Supplies

$180.2054 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477445736526 $1,167.05 $0.0002/16/15 ($1,489.72)02/26/15 20-25-5230$1,167.05 Electric445736526 $1,068.55 $0.0002/16/15 ($1,406.59)02/26/15 20-25-5231$1,068.55 Gas445736526 $94.43 $0.0002/16/15 ($117.59)02/26/15 20-25-5235$94.43 Street Lights

$2,330.0357 Business Connection, PO BOX 3277, Nederland, CO, 80466185416 $8.99 $0.0002/18/15 ($8.99)printing 02/28/15 20-25-5770$8.99 Printing/Copying

$8.99

$2,874.25Total Community Center Fund

Sewer Fund40 Mutual of Omaha Credit Card, PO BOX 790408, St. Louis, MO, 63179-04082015-01 $56.21 $0.0002/05/15 ($56.21)02/25/15 40-45-5250$56.21 Janitorial Supplies2015-01 $17.96 $0.0002/05/15 ($25.18)02/25/15 40-45-5410$17.96 Office Supplies2015-01 $104.50 $0.0002/05/15 ($452.81)02/25/15 40-45-5510$104.50 Equipment Maintenance 2015-01 $596.67 $0.0002/05/15 ($596.67)02/25/15 40-45-5810$596.67 Conference/Training2015-01 $73.72 $0.0002/05/15 ($73.72)02/25/15 40-45-5830$73.72 Meals

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$849.0654 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477445736526 $3,199.01 $0.0002/16/15 ($4,150.03)02/26/15 40-45-5230$3,199.01 Electric

$3,199.01143 Flagstaff Surveying Inc., 637 South Broadway, Suite C, Boulder, CO, 803052015-02 $976.66 $0.0002/12/15 $10,893.18Survey Town Shop Site 02/22/15 40-00-2100$976.66 Accrued Payables

$976.66

$5,024.73Total Sewer Fund

Water Fund40 Mutual of Omaha Credit Card, PO BOX 790408, St. Louis, MO, 63179-04082015-01 $4.31 $0.0002/05/15 ($4.31)02/25/15 50-45-5250$4.31 Janitorial Supplies2015-01 $17.97 $0.0002/05/15 ($25.19)02/25/15 50-45-5410$17.97 Office Supplies2015-01 $828.31 $0.0002/05/15 ($828.31)02/25/15 50-45-5505$828.31 Vehicle Maintenance & R2015-01 $18.15 $0.0002/05/15 ($18.15)02/25/15 50-45-5710$18.15 Postage/Shipping2015-01 $905.00 $0.0002/05/15 ($905.00)02/25/15 50-45-5810$905.00 Conference/Training2015-01 $34.14 $0.0002/05/15 ($34.14)02/25/15 50-45-5830$34.14 Meals2015-01 $200.00 $0.0002/05/15 ($525.00)02/25/15 50-45-5850$200.00 Annual Membership/Due

$2,007.8846 Office Depot Credit Plan, Dept 56-4101710514, PO BOX 689020, Des Moines, IA, 50368-90202015-02 $395.98 $0.0002/15/15 ($4,112.73)Office Supplies 02/25/15 50-45-6150$395.98 Building Improvements

$395.9854 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477445736526 $1,533.66 $0.0002/16/15 ($1,919.60)02/26/15 50-45-5230$1,533.66 Electric445736526 $679.52 $0.0002/16/15 ($878.10)02/26/15 50-45-5231$679.52 Gas

$2,213.18143 Flagstaff Surveying Inc., 637 South Broadway, Suite C, Boulder, CO, 803052015-02 $976.67 $0.0002/12/15 $5,237.01Survey Town Shop Site 02/22/15 50-00-2100$976.67 Accrued Payables

$976.67

$5,593.71Total Water Fund

Downtown Development Fund40 Mutual of Omaha Credit Card, PO BOX 790408, St. Louis, MO, 63179-04082015-01 $9.47 $0.0002/05/15 ($9.47)02/25/15 70-75-5216$9.47 Trails/Sidewalks Mainten2015-01 $146.00 $0.0002/05/15 ($215.00)02/25/15 70-75-5830$146.00 Meals

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$155.47

$155.47Total Downtown Development Fund


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General Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 804666579 $581.50 $0.0002/19/15 ($838.75)IT Services 03/01/15 10-12-5110$581.50 IT6592 $81.06 $0.0002/19/15 ($81.06)IT 03/01/15 10-12-5450$81.06 Minor Equipment6589 $30.00 $0.0002/19/15 ($30.00)Webhosting 03/01/15 10-14-5115$30.00 Website6579 $330.95 $0.0002/19/15 ($562.45)IT Services 03/01/15 10-18-5110$330.95 IT6592 $40.36 $0.0002/19/15 ($40.36)IT 03/01/15 10-18-5450$40.36 Minor Equipment

$1,063.87


Community Center Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 804666579 $177.50 $0.0002/19/15 ($439.50)IT Services 03/01/15 20-25-5110$177.50 IT6592 $21.75 $0.0002/19/15 ($259.74)IT 03/01/15 20-25-5450$21.75 Minor Equipment

$199.25

$199.25Total Community Center Fund

Sewer Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 804666579 $30.00 $0.0002/19/15 ($230.00)IT Services 03/01/15 40-45-5110$30.00 IT6592 $32.83 $0.0002/19/15 ($32.83)IT 03/01/15 40-45-5450$32.83 Minor Equipment

$62.83

$62.83Total Sewer Fund

Water Fund6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 804666579 $11.25 $0.0002/19/15 ($211.25)IT Services 03/01/15 50-45-5110$11.25 IT6592 $40.36 $0.0002/19/15 ($40.36)IT 03/01/15 50-45-5450$40.36 Minor Equipment

$51.61

$51.61Total Water Fund

SCHEDULE B

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SCHEDULE B

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TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING

NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 February 17, 2015, 7:30 P.M.

MINUTES A. CALL TO ORDER Meeting convened at 7:30 p.m. due to time overrun of the Board’s work session. B. ROLL CALL Present: Mayor Joe Gierlach, Mayor Pro Tem Peter Fiori, Trustees Randy Lee, Topher Donahue, Kristopher Larsen, and Charles Wood. Absent: Trustee Kevin Mueller. Also present: Alisha Reis, Town Administrator; Eva Forberger, Town Treasurer; LauraJane Baur, Town Clerk; and Alex Armani Munn, Town Intern. C. CONSENT AGENDA 1. Approval of February 17, 2015 Accounts Payable. 2. Approval of February 3, 2015 Regular Meeting Minutes.

3. Approval of Community Center lease renewals. There was some discussion of the mention of the Watershed School on the Teens Inc. lease. It was noted that this lease previously was held by the Watershed School for Teens Inc. until October 2014. This lease will be corrected to remove references to the Watershed School. Motion to approve the Consent Agenda was made by Trustee Larsen, seconded by Trustee Wood, and passed by a vote of 5 to 1, with Mayor Pro Tem Fiori voting against.

D. STAFF REPORTS

1. Alisha Reis, Town Administrator Reis referred to information provided in the packet, also giving a reminder that the Boulder County Commissioners will take up their consideration of whether to modify the IGA to allow for the possible annexation of the Aspen Trails proposal on March 5th at 2 p.m. at the Boulder County Courthouse, 1325 Pearl St., in the 3rd Floor Hearing Room.

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2. LauraJane Baur, Town Clerk Baur also referred to information in the packet, specifically noting that Frozen Dead Guy Days are fast approaching and the planning process is going well. Mayor Pro Tem Fiori questioned why the event is being held at Chipeta Park rather than the newer facility. Reis reminded the Board that in October they had approved the use of Chipeta Park for one more year. Fiori then asked about the stage for the new venue; and Reis said that there are a few more steps necessary, such as updating the zoning map and property subdivision, to allow for electricity to the site. She also confirmed that these steps are in indicated process.

3. Eva Forberger, Town Treasurer In addition to the information provided in her Staff Report, Forberger noted that the auditors will be here this week for the annual review.

4. Paul Carrill, Town Marshal Reis reminded the Board that on March 3rd at the 6:00 p.m. work session, Town Marshal Carrill will be giving the Board an update and will have various status reports to deliver.

5. Jason Morrison, Public Works Manager In addition to the information in the PW Staff Report, Reis conveyed that she has received many compliments for the Public Works staff regarding the snow removal from this recent snowstorm.

Mayor Gierlach questioned the continuing problems with the public restrooms. Reis responded that they are addressing the issues and will be updating the restrooms with institutional grade fixtures rather than the residential grades that were previously installed. Gierlach then questioned why the restrooms are currently locked. Reis answered that they are closed in the winter months to prevent freezing pipes. The type of door/entry way to the restrooms and lighting outside the restrooms was discussed, and Reis noted that staff would look into the various options.

6. Dawn Baumhover, Community Center Coordinator Baumhover referred to some of the events and activities noted in her report, and then additionally noted that, after some minor adjustments, the kitchen passed a very rigorous surprise State inspection thanks to the hard work of the tenants in the kitchen.

E. BOARD OF TRUSTEE REPORTS 1. Mayor’s Report Mayor Gierlach noted that his report, highlighting the National Honor Society, was not in the packet but will be published in the next edition of the Mountain-Ear (article attached). Gierlach additionally mentioned the various letters and requests he regularly receives requesting his support and signature. 2. Trustees’ Reports Trustee Lee deferred to his report as submitted for the packet.

Trustee Wood mentioned that the NCCF has been meeting very effectively and that Tracy Brewer and Jilene Norman have been doing an excellent job after the retirement of the past Chair of 12 years. He noted that Tracy Brewer will be giving a presentation later in the meeting.

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Wood continued by giving a report on CML legislation. He noted that there is upcoming legislation to ban the new powdered alcohol. Wood also reported some highlights of some medical marijuana propositions placing greater structure on regulations: requiring all caregivers to register with the State MED, and placing a limit on the number of caregivers a patient can have. This was followed by Board discussion regarding CML’s positions on marijuana.

Trustee Donahue reported on EcoPass that Nederland now has an EcoPass printing machine and can create passes directly, and that EcoPass is pushing for better training for their winter drivers.

Donahue related that the Planning Commission has been working on breaking down their items from the “160 list” into categories such as items that are quick/easy to reach, code issues to be addressed with the EPA professional assistance this summer, and the pending annexation proposal. This was followed by discussion of the impact that the PC, and other advisory groups, has on the outcomes of the issues that they review. There was further discussion on the process and information clarified throughout the review of the annexation proposal.

Trustee Larsen related that the BZA has not met and that DRCOG has not had any issues pertinent to Nederland at this point.

Mayor Pro Tem Fiori said that SAB will have another appointment up for approval by the Board soon. Fiori stated that SAB has committed to taking on one STAR item per meeting and is doing so by working with #NedZero on the Trello platform.

Fiori informed the Board of some of SAB’s upcoming projects including that Wendy Monroe and Jonathan Baumhover are looking into horticultural plans for Nederland to adopt with the end result of helping people to grow food in greenhouses. SAB is also planning to show “Bag It” with strategic timing to correlate with the implementation of the plastic bag ordinance.

F. PUBLIC COMMENT ON NON-AGENDA ITEMS (Speakers limited to 3 minutes) There were no public comments. G. INFORMATIONAL ITEMS 1. Presentation of the Nederland Community Wellness Challenge Tracy Brewer presented the Nederland Community Wellness Challenge as submitted in the packet. She explained that this is a one-month program beginning in April and that, if the Challenge is successful, it has the potential of expansion. Brewer noted that there is a business component as well as an individual component; she challenged the Board to join the program either as part of the Town or as individuals.

Mayor Gierlach commented that CML has a partnership with Live Well Colorado (livewellcolorado.org), and this program relates to item 8L02 of #NedZero. Gierlach asked Brewer to work together with Nederland and Live Well Colorado to help track data and earn STAR points.

2. DOLA Administrative Grant Request to support the DDA Master Plan Update Eva Forberger referred to the letter in the packet, explaining that Downtown Colorado Inc. (DCI) suggested that the DDA apply for this grant to assist with the completion of the DDA Master Plan update.

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3. Boulder County Community Forestry Sort Yard 2014 Annual Report Referencing the recently released report in the packet, Reis noted that the numbers are growing each year as to what we are diverting from our forests. This is tied into Board approved funding for the noxious weed collection roll-offs at the Transfer Station, with that program running from May 1st through October 18th. Reis also noted that Nederland is looking to apply for a small grant to support some community education and checklists in preparation for the June 6th Firewise Town Clean-up event, so we can get people to take care of their defensible spaces.

H. ACTION ITEMS

1. Consideration of a lease of Community Center space for a local ham radio club and waiver of rental fees.

Jan Mussler, Emergency Preparedness Action Committee (EPAC), presented the fee waiver request for the Nederland Area Amateur Radio Club rental at the Community Center. The request was made based on the emergency communications nature of the Club’s activities as outlined in the packet.

Mayor Gierlach inquired about the addition of an antenna on the Community Center building. Mussler responded affirmatively, explaining the nature of the antenna and the need. Gierlach then asked if there would be any other applications for the Club, aside from emergencies. Mussler described some of the more recreational aspects/activities of the Club.

The Board went on to discuss current and future use and condition of the West Wing, including the room chosen by the Amateur Radio Club.

Mayor Pro Tem Fiori voiced his support of the group, their activities, and the use of the room. Trustee Lee noted that this would support ham radio activity and pod communications, which are both projects charged by EPAC. The other Trustees also voiced their support for the fee waiver, and then Mayor Gierlach noted that this aligns with 2H02 of #NedZero and requested that they keep updates in the program.

Motion to approve the waiver of rental fees for the Community Center lease with the Nederland Area Amateur Radio Club was made by Mayor Pro Tem Fiori, seconded by Trustee Larsen, and passed by unanimous approval. 2. Consideration of Resolution 2015-08 to update the Nederland Personnel

Handbook. In introducing Resolution 2015-08, Eva Forberger described the process of updating and why certain changes (policy vs. process) were made. Significant changes were highlighted in the packet information. Reis noted that Mountain State Employers Council (MSEC), the Town’s human resources consultants, and the Town Attorney have reviewed and approved the changes.

Trustee Lee offered some editing suggestions and agreed to send them to Forberger for updating the document. Mayor Pro Tem Fiori disagreed with the section of the policy regarding employee searches. After some discussion on the matter, Reis stated that searches of employees could be removed. Mayor Gierlach made note of the inconsistent use of the position title of Town Marshal vs. Chief of Police; Reis noted that this will be addressed at the March 3rd work session. Trustee Wood requested clarification of the PTO donation policy, and Reis explained the details.

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Mayor Pro Tem Fiori stated that he thinks the Board voting on the Personnel Handbook is a bit of an overreach for the Board, and that it is more of an administrative document. Specifically regarding the drug testing policy, Fiori took issue with testing for marijuana as it is a legal substance but remains in the bloodstream past intoxication (unlike substances like alcohol or cocaine) and can be identified through testing weeks after use. Reis noted that drug testing is just one more tool in any investigation of personnel matters and clarified that case-by-case decisions would be made based on the totality of evidence gathered.

Mayor Gierlach said that he thinks the Purchasing Policy should be part of Town Code and not part of the Personnel Handbook. Reis responded that it is a stand-alone policy and is added as an addendum to the Handbook, in order to make it convenient for staff to find the information. There was further discussion regarding the purchasing policy and purchasing limits.

Motion to approve Resolution 2015-08 was made by Trustee Larsen, seconded by Mayor Pro Tem Fiori, and passed by unanimous approval. H. DISCUSSION ITEMS There were no discussion items. I. OTHER BUSINESS J. ADJOURNMENT Motion to adjourn was made by Mayor Pro Tem Fiori, seconded by Trustee Lee, and approved by unanimous voice vote. The meeting was adjourned at 9:47PM. Approved by the Board of Trustees. _________________________________ ATTEST: Joe Gierlach, Mayor ___________________________________ LauraJane Baur, Town Clerk

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DRAFTA Dozen of the Most Influential People in Tomorrow's SocietyNederMayor Blog – February 17, 2015 By Mayor Joe Gierlach

This week was the Nederland MS/HS National Honor Society dinner and induction ceremony.

Each year, our Town has a tradition of hosting dinner for the inductees, and afterward, I've had the honor of awarding the certificates to students for the past several years. Then, the inductees hand-sign the same book that has been used for decades.

Personally, all I remember about being inducted into the National Honor Society, was seeing my name on a list. I went to a bigger high school than Nederland MS/HS, and I was involved with a lot of other activities. I did not pay much attention to the National Honor Society activities, but I remember making sure my name was on the list. I think I got the pin after basketball practice, and I told my mother about it a week later.

This is the only time in my life, that I can remember making my mother cry. When she realized that I did not invite her to watch me get inducted into the National Honor Society. At the time, I had a lot of other things that were 'more important' in my life.

The Basic Attributes of our Community

Four main purposes have guided chapters of National Honor Society since its inception: • to create enthusiasm for SCHOLARSHIP • to stimulate a desire to render SERVICE • to promote LEADERSHIP • and to develop CHARACTER in the students of secondary schools.

TOWN OF NEDERLAND OFFICE OF THE MAYOR

Nederland, Colorado — Just a little bit cooler P.O. Box 396

45 West First Street Nederland, CO 80466

(303) 258-3266 www.nederlandco.org

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These purposes also translate into the criteria used for membership selection in each local chapter.

More than ever before, we will need to rely on this new generation of scientists, engineers, planners, communicators, philosophers and a few careers that haven't been invented yet. We will need their innovation and energy because we are facing increasingly bigger challenges with respect to climate change, our financial system, affordable housing, human services, clean air & water, renewable energy, transportation, and our ecosystem.

I don't think it is likely that the solutions to these issues will come from the homogenized middle-America model. Rather, areas known for local distinctiveness, will be the incubators of ideas that resolve our societies biggest challenges, in unique ways – right here in Nederland.

[See Related Story: Rules for Local Distinctiveness]

We are looking for people who express the same characteristics as the National Honor Society: Scholarship, Service, Leadership, and Character. In other words, we need smart, clever, influential people with integrity, who are motivated to serve the greater community.

This should be one of the most important events of the year, and yet, the National Honor Society induction ceremony is only attended by the students, their parents and a handful of people each year. Just like my 16 year-old self, everybody seems to have 'more important' things to do.

I may not know what 'swarp' means, but I know that I have just met some of the most influential people in our society, at an exclusive gathering, and few others realize it.

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http://nedermayor.blogspot.com/2013/08/rules-for-local-distinctiveness.html

http://nedermayor.blogspot.com/2013/08/rules-for-local-distinctiveness.html

Revised Jan. 2015

1

BOULDER COUNTY ECONOMIC DEVELOPMENT CONTRACT

THIS CONTRACT ("Contract") is entered into between the County of Boulder, State of Colorado, acting by and through its Board of County Commissioners ("County") and the Town of Nederland, a Colorado municipal corporation ("Contractor"). In consideration of the rights and obligations specified below, the County and the Contractor agree as follows:

1. Incorporation into Contract: The Invitation for Bid and Bid Specifications of Boulder County Bid No. N/A, together with any alterations and/or modifications to these Specifications (the "Bid Documents"), are expressly incorporated into this Contract by this reference.

2. Work to be Performed: The Contractor will, in a good and workmanlike manner and

at its own cost and expense, furnish all labor and equipment and do all work necessary and incidental to performing economic development services as described in Exhibits A and B. The Contractor shall perform the Work in strict accordance with this Contract.

3. Term of Contract: This Contract shall begin and become effective on the date of

execution by the parties, which date is the date specified on the signature page of this Contract. Under this Contract, the Contractor shall begin Work on January 1, 2015 and shall continue through December 31, 2015.

4. Payment for Work Performed: In consideration of the Work to be performed by the

Contractor, and subject to paragraph 14, the County shall pay to the Contractor, in accordance with the Bid Documents, $6,000.

5. Extension and/or Renewal of Contract Term: a. The County, in its sole discretion, may elect to extend the term of this Contract. In

the event the County elects to exercise this right, it shall send written notice to Contractor, pursuant to paragraph 15, of its intent to extend the term of the Contract. The notice shall set forth the length of the extension.

b. Upon mutual agreement by the parties, this Contract may be renewed for four

additional one-year periods through, Dec. 31, 2019 during which time this Contract shall be in full force and effect, subject to the termination provisions of paragraph 14. If this option to renew is exercised, the parties shall execute a written agreement no later than thirty (30) days before the expiration of this Contract or any subsequent renewals.

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c. All of the provisions of this Contract shall remain in full force and effect during any extension or renewed term except that the scope of services and compensation to be paid to Contractor during any extension or renewed term shall be mutually agreed upon prior to the commencement of any extension or renewed term. The agreed upon scope of services and compensation shall be reduced to writing, signed by both parties, and attached to this Contract.

d. TEN CALENDAR DAYS BEFORE THE COMMENCEMENT OF ANY

EXTENDED TERM THE CONTRACTOR SHALL SUBMIT TO THE COUNTY PROOF OF INSURANCE AS REQUIRED IN PARAGRAPH 9.

e. Should the parties fail to agree upon the scope of services or compensation to be paid

to Contractor for any extension or renewed term, or should Contractor fail to submit the required documents within the time period specified in paragraph 5(d), then this Contract shall terminate at the end of the then current term and no extension or renewal of the term of the Contract shall occur.

6. Quality of Performance: The Contractor shall perform the Contract in a manner

satisfactory and acceptable to the County. The County shall be the sole judge of the quality of performance.

7. Schedule of Work: The Contractor shall perform the Work during the hours designated by the County so as to avoid inconvenience to the County and its personnel and interference with the County's operations.

8. Indemnity: The Contractor shall be liable and responsible for any and all damages to

persons or property caused by or arising out of the actions, obligations, or omissions of the Contractor, its employees, agents, representatives or other persons acting under the Contractor's direction or control in performing or failing to perform the Work under this Contract. To the extent permitted by law, if permitted at all, the Contractor will indemnify and hold harmless the County, its elected and appointed officials, and its employees, agents and representatives (the "indemnified parties"), from any and all liability, claims, demands, actions, damages, losses, judgments, costs or expenses, including but not limited to attorneys’ fees, which may be made or brought or which may result against any of the indemnified parties as a result or on account of the actions or omissions of the Contractor, its employees, agents or representatives, or other persons acting under the Contractor’s direction or control.

9. Insurance Requirements: The Contractor shall procure and maintain at its own expense, and without cost to the County, the following kinds and minimum amounts of insurance for purposes of insuring the liability risks which the Contractor has assumed until this Contract has expired or is terminated:

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a. Commercial General Liability. This coverage should be provided on an Occurrence Form, ISO CG001 or equivalent, with Minimum limits of $1,000,000 Each Occurrence, $2,000,000 General Aggregate and $2,000,000 Products Completed Operations Aggregate. b. Automobile Liability. Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of the Contract. Minimum limits $1,000,000 Each Accident.

c. Workers' Compensation and Employer's Liability. Workers’ Compensation must be maintained with the statutory limits. Employer's Liability is required for minimum limits of $100,000 Each Accident/$500,000 Disease-Policy Limit/$100,000 Disease-Each Employee.

The Contractor shall provide a Certificate of Insurance to Boulder County demonstrating that the insurance requirements have been met prior to the commencement of Work under this Contract. Boulder County shall be named as an additional insured for General Liability and Pollution Liability, as designated in the contract. Additional insured shall be endorsed to the policy. THE ADDITIONAL INSURED WORDING SHOULD BE AS FOLLOWS: County of Boulder, State of Colorado, a body corporate and politic, is named as Additional Insured.

Notice of Cancellation: Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to:

Leslie Irwin Policy Analyst, Economic Development Liaison Boulder County P.O. Box 471 Boulder, CO 80306

If any insurance company refuses to provide the require notice, the Contractor or its insurance broker shall notify the County of any cancellation, suspension, and/or non-renewal of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Such notice shall be sent directly to:

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Boulder County Attn: Pam Stonecipher, Risk Manager Boulder County P.O. Box 471 Boulder, CO 80306

Please forward certificates to the above certificate holder.

10. Nondiscrimination: The Contractor agrees to comply with the Colorado Anti-Discrimination Act, C.R.S. § 24-34-401, et seq., as amended, and all applicable local, state and federal laws respecting discrimination and unfair employment practices.

11. Nondiscrimination Provisions Binding on Subcontractors: In all solicitations by the Contractor for any Work related to this Contract to be performed under a subcontract, either by competitive bidding or negotiation, the Contractor shall notify each potential subcontractor of the Contractor's obligations under this Contract, and of all pertinent regulations relative to nondiscrimination and unfair employment practices.

12. Information and Reports: Subject to applicable law, including but not limited to

Article 72, Title 24, C.R.S., the Contractor will provide to authorized governmental representatives, including those of the County, State and Federal Government, all information and reports which they may require for any purpose authorized by law. The Contractor will permit such authorized governmental representatives access to the Contractor's facilities, books, records, accounts, and any other relevant sources of information. Where any information required by any such authorized government representative is in the exclusive possession of a person other than the Contractor, then such Contractor shall so certify to the County, and shall explain what efforts it has made to obtain the information.

13. Independent Contractor: The Parties recognize and agree that the Contractor is an independent contractor for all purposes, both legal and practical, in performing services under this Contract, and that the Contractor and its agents and employees are not agents or employees of Boulder County for any purpose. As an independent contractor, the Contractor shall be responsible for employing and directing such personnel and agents as it requires to perform the services purchased under this Contract, shall exercise complete authority over its personnel and agents, and shall be fully responsible for their actions. Contractor acknowledges that it is not entitled to unemployment insurance benefits or workers’ compensation benefits from Boulder County, its elected officials, agents, or any program administered or funded by Boulder County. Contractor shall be entitled to unemployment insurance or workers’ compensation insurance only if unemployment compensation coverage or workers’ compensation coverage is provided by Contractor, or some other entity that is not a party to this Contract. Contractor is obligated to pay federal and state income tax on any monies earned pursuant to this Contract.

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14. Termination and Related Remedies:

a. The other provisions of this Contract notwithstanding, financial obligations of Boulder County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Boulder County is prohibited by law from making financial commitments beyond the term of its current fiscal year. The County has contracted for goods and/or services under this Contract and has reason to believe that sufficient funds will be available for the full term of the Contract. Where, however, for reasons beyond the control of the Board of County Commissioners as the funding entity, funds are not allocated for any fiscal period beyond the one in which this Contract is entered into, the County shall have the right to terminate this Contract by providing seven (7) days written notice to the Contractor pursuant to paragraph 15, and will be released from any and all obligations hereunder. If the County terminates the Contract for this reason, the County and the Contractor shall be released from all obligations to perform Work and make payments hereunder, except that the County shall be required to make payment for Work which has been performed by the Contractor prior to the effective date of termination under this provision; and, conversely, the Contractor shall be required to complete any Work for which the County has made payment prior to providing written notice to the Contractor of the termination.

b. The preceding provisions notwithstanding, the County may terminate this Contract,

either in whole or in part, for any reason, whenever the County determines that such termination is in the County’s best interests. Such termination shall be effective after the County provides seven (7) days written notice to the Contractor pursuant to paragraph 15.

c. In the event the County exercises either of the termination rights specified in

paragraphs 14(a) or 14(b), this Contract shall cease to be of any further force and effect, with the exception of all Contract remedies which are specified herein and may otherwise be available to the parties under the law, and with the exception of any rights or liabilities of the parties which may survive by virtue of this Contract.

15. Notices: For purposes of the notices required to be provided under paragraphs 5, 9, and 14, all such notices shall be in writing, and shall be either sent by Certified U.S. Mail - Return Receipt Requested, or hand-delivered to the following representatives of the parties at the following addresses:

For the County: Michelle Krezek

Commissioners Office P.O. Box 471 Boulder CO 80306

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Revised Jan. 2015

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For the Contractor: Alisha Reis Town of Nederland

P.O. Box 396 Nederland CO 80466 In the event a notice is mailed pursuant to the provisions of this paragraph, the time periods specified in paragraph 14 shall commence to run on the day after the postmarked date of mailing.

16. Statutory Requirements: This Contract is subject to all statutory requirements that are or may become applicable to counties or political subdivisions of the State of Colorado generally.

17. Amendments: This Contract may be altered, amended or repealed only on the mutual

agreement of the County and the Contractor by a duly executed written instrument.

18. Assignment: This Contract shall not be assigned or subcontracted by the Contractor without the prior written consent of the County.

19. Benefit to Successors and Assigns: This Contract shall be binding upon the successors and assigns of the parties.

20. Governing Law: The laws of the State of Colorado shall govern the interpretation and enforcement of this Contract. Any litigation that may arise between the parties involving the interpretation or enforcement of the terms of this Contract shall be initiated and pursued by the parties in the Courts of the 20th Judicial District of the State of Colorado and the applicable Colorado Appellate Courts.

21. Breach: Any waiver of a breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. All remedies afforded in this Contract shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law.

22. Termination of Prior Agreements: This Contract cancels and terminates, as of its effective date, all prior agreements between the parties relating to the services covered by this Contract, whether written or oral or partly written and partly oral.

23. Severability: If any provision of this Contract is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

24. Third Party Beneficiary: The enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement shall be strictly reserved to the County and the Contractor, and nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this Contract that

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any person receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.

25. Governmental Immunity: Nothing in this agreement shall be construed in any way to

be a waiver of the County's or the Contractor’s immunity protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended.

26. Execution by Counterparts; Electronic Signatures: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the Parties to this Agreement: (1) Electronic or facsimile delivery of a fully executed copy of a signature page; (2) The image of the signature of an authorized signer inserted onto PDF format documents. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101 to 121.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals on ___(date)_____________. COUNTY OF BOULDER

STATE OF COLORADO ATTEST:_______________________ By:______________________

Administrative Assistant Chair, Board of County Commissioners Clerk to the Board of

Commissioners (seal)

CONTRACTOR TOWN OF NEDERLAND:

ATTEST:______________________ ___________________________ By:_____________________ Joe Gierlach, Mayor Title:__________________ (If this Contract is executed on behalf of a corporation, it must be signed by an agent duly authorized by the corporation to execute such Contract, and if specified by the corporate by-laws, the corporate seal must be affixed to the Agreement by the Secretary of the corporation or other authorized keeper of the corporate seal.)

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JVA, Incorporated JVA, Incorporated JVA, Incorporated 1319 Spruce Street 25 Old Town Square PO Box 1860 Boulder, CO 80302 Fort Collins, CO 80524 79050 US Highway 40 Ph: 303.444.1951 Suite 200 Winter Park, CO 80482 Fax: 303.444.1957 Ph: 970.225.9099 Ph: 970.722.7677 Fax: 970.225.6923 Fax: 970.722.7679 Web site: www.jvajva.com E-mail: [email protected]

P R O G R E S S M E M O

TO: Alisha Reis DATE: February 26, 2015 Town Administrator JOB NO. 2122.7c ADDRESS: Nederland, CO 80466 PROJECT: Town Shops SUBJECT: Progress Memo No. 1

TOWN SHOPS PLAN PROGRESS

A kickoff meeting was held with the Design Team and the Town Staff on February 10th. The design team moved forward with a design for the full build out of a 7,500 square foot that was suggested at the January 6th Board of Trustees (BOT) meeting. The kickoff meeting included the architect (BWG), civil (JVA), Mechanical/Electrical/Plumbing-MEP (MKK) engineer and Town staff. The MEP systems were discussed in detail related to battery-backup 24V power, electric-only service, LED lighting, solar arrays, radiant floor heating, and thermal walls, and is summarized in a technical memo by MKK (attached).

After extensive review of several design alternatives analyzed by the team, it was determined that the price of the 7,500-square foot facility, while maintaining the Town’s alternative energy goals, is beyond the confines of the Town’s project budget. The project would have to be delayed to find further funding and plan for additional funds in the Town’s budget in order to accommodate the full build-out. This is not a feasible option, considering the needs of the Town and the condition of the existing public works facility. The design team has therefore reverted back to the phased approach of designing and constructing a 3,750-square foot facility to serve the Town’s current needs and plan for the future while maintaining the key design elements mentioned in the presentation at the January 6th BOT meeting and to uphold the Town’s sustainability goals.

It has been determined that the Town’s maximum budget is $1.7 million. This includes a match of approximately $800,000-$900,000 from DOLA. It is critical that we move forward with this phased approach to accommodate the current budget and the funding schedule, including completing a design development package by March 31st to submit the DOLA application for funding by April 1st in order to gain funding by August 1st.

The design schedule is noted schedule below:

Signed: Copies to: Town of Nederland Board of Trustees JOEL S. PRICE, P.E., LEED AP

Design Development Documents Due March 31st 100% Bid Documents Due July 29th

Submit to DOLA April 1st DOLA Grant Notice August 1st

Present to BOT April 7th Present to BOT August 4th

95% Construction Documents Due July 1st Advertise for Bid August 11th

Present to BOT July 7th Construction Begins October 12th

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February 26, 2015

Joel Price

JVA, Incorporated

1319 Spruce Street

Boulder, CO 80302

RE: Nederland Vehicle Maintenance Shop

P2015.01.0028:

Dear Joel:

MKK is providing this letter to document some of the utility discussions and subsequent mechanical

system and renewable energy discussions, which were held during the project kick-off meeting this past

February 10, 2015. There was a lot of discussion on the choice of utilities for the facility. As we

understand it, the Board of Trustees (BOT) and other project stakeholders have the following goals:

1. Provide an electric only facility with no gas service, like the town wastewater treatment plant.

2. Provide a building that is as energy efficient as possible.

3. Provide solar renewable energy systems (photovoltaic, thermal hydronic, thermal air) to offset

use and try to achieve net-zero use, but not off-grid.

4. Provide a used oil burner/boiler to supplement building heating systems.

5. Provide a DC electrical system for the building.

Electric Only Facility

MKK does not recommend an electric only facility. To clarify we do not recommend a facility that’s all

electric with electric resistive heating. A heat pump system in place of electric resistive heating would

be recommended; however economical air source equipment is not feasible in this climate and ground

source heat pumps mat not fit the budget. This decision, to be an all-electric facility with electric

resistive heating, affects mostly the HVAC and Plumbing heating systems. Some of the pros and cons of

our discussion are below:

Electric Only System Pros Electric Only System Cons

No Gas Service Costs (Install or Monthly) Almost 2x the Electrical Service Cost

Lower Installed Cost Higher Life Cycle Cost

Lower Energy Use Higher Energy Cost

Lower Maintenance Costs Electrician Needed for Most Maintenance

Domestic and Hydronic Water Heating Equipment

are Less Practical

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The anticipated electrical load of the new storage facility is approximately 216 kVA for an electrical

service size of 600 amps. At first glance the service size seems high for this type of facility; however the

facility has an electrical heating load of 12 watt per square foot. This corresponds to an electrical load of

approximately 80 kVA, 225 amps, or 37% of the service size. The code is very specific as to how the

buildings electrical load is calculated, and how it is sized. The electrical service is required to be large

enough to handle power for the facility. Any on site generation can be tied to the building, but the

service size cannot be reduced because the facility has on site generation.

In summary the facilities that are all electric usually benefit from lower installed costs and suffer from

higher operating costs and higher life cycle costs. Additionally trying to match the correct domestic or

hydronic heating equipment can be expensive and challenging as commercial size systems are not as

common as gas-fired systems.

Designing an Efficient Facility

When designing an efficient facility the first thing to consider must be designing an efficient building.

The building must be designed with the proper orientation, materials, insulation, doors, windows, roof,

and so on. These ultimately reduce the load or need for energy using systems to run the facility. Energy

efficient systems should be designed to operate the facility with the lowest amount of energy only after

the building has been efficiently designed. Some energy efficiency technologies that have been

considered for the project include:

1. Energy efficient lighting is one of the quickest ways to get a return on your energy investment.

Utilizing efficient lighting technologies and controls can make a large reduction in the energy

required to light a facility. For this reason we’re proposing to utilize LED lighting through-out

the facility.

a. The inherently low watts/lumen output makes LED lighting attractive for energy

reductions, and in today’s market the costs are more feasible.

b. Due to its inherent dimming capability, the LED lighting will be provided with day-light

harvesting capabilities where feasible. The daylight system will measure the incoming

daylight and dim the LED lights appropriately to ensure the required minimum level of

lighting in the space.

c. Occupancy controls will be used were feasible to ensure that lights are only on when

necessary.

2. Energy efficiency in plumbing usually comes from the following areas, which will be investigated

and included on the project where feasible.

a. Energy efficient pumping systems will be utilized where required. VFD driven booster

pumps and ECM driven circulation pumps are more efficient than standard constant

speed systems.

b. Water conserving fixtures will be used to reduce the quantity of water required and

therefore the energy to provide this resource. This is particularly true of domestic hot

water systems, where using water conserving fixtures is even more important to an

efficient facility.

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c. Energy efficient water heating systems will be used to reduce the amount of energy

required to provide the necessary hot water. This may include tankless/instantaneous

type water heating systems, which reduce standby losses from more common storage

type water heating systems. Gas-fired systems are common place in today’s market,

but electric type systems are not common and require very large amounts of electrical

kW. For example a standard 195 MBH residential tankless water heater would require

an equivalent 50 kW electrical power supply if all electric. For this reason the more

standard storage type electric system would be designed to reduce the power

requirements to a more reasonable amount.

d. Energy efficient hot water circulation systems will be designed. Design would include a

time clock or BAS connection so as to only operate with occupancy. System would also

include an aqua-stat to stop the pump when the system is already hot or an ECM self-

sensing variable speed pump to only circulate as much water as necessary to maintain

the return temperature.

3. HVAC energy efficiency measures being considered are as follows:

a. Considering all of the project goals given, we would normally recommend a ground

source heat pump system with energy recovery ventilation (aka geothermal or

geoexchange), however the project budget may not allow for the use of these energy

efficient systems. If these systems are in fact not included the systems that are included

can be tailored to be compatible with a future ground source system.

b. A radiant in-slab heated floor system is currently being considered. These systems are

efficient, particularly for facilities with large doors and infiltration, as they warm the

mass of the building and not the air. So less heat is lost each time the doors are opened

and closed. These systems also offer energy reductions by utilizing hydronics and

pumps in place of fans and air to deliver the energy. The space temperature setpoints

can be reduced by 2 degree F compared with an air system and provide the equivalent

comfort level. Since the heating water temperatures used are relatively low, these

systems also work very well with high efficiency condensing boilers. These systems are

also compatible with ground source heat pump technology and could be operated in

reverse to provide cooling through the floor slab.

c. The vehicle bay ventilation systems will be provided with demand controls to limit the

ventilation rate to the minimum required to maintain the indoor air quality. These

systems by code must be designed very large, but very rarely need to operate near their

full capacity. The demand controls will greatly reduce the ventilation energy used and

cost.

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Solar Renewable Resources

We’re currently planning to design a solar thermal air system (aka transpired solar air collector or solar

wall). This system would be used to pre-heat ventilation air during times of the year when the

ventilation needs heating. This system may be more cost effective on this particular building due to the

large ventilation rates and the fact that the building is already being clad in metal panels, which can be

replaced with the solar wall to offset some costs. Controls will be needed for summer months to

bypass, in part or in whole, the solar collectors when air heating is not required to prevent from

overheating the space.

Roof mounted solar thermal hydronic systems are being considered. The system would be used to

preheat domestic hot water as well as provide energy to the radiant floor system or other hydronic

systems when the temperatures are appropriate. Heat rejection equipment would be needed for the

summer months when solar thermal heat is not needed to prevent the system from stagnating.

Roof mounted solar photovoltaic systems are being considered as well for electrical generation.

Provision will be provided for the connection of a PV system to the main electrical distribution board in

the facility. Based upon an average of 200 watt electrical production capacity per PV panel, the roof of

the proposed facility can produce as much as 25.2 kVA of power, or 11 % of the estimated load. If

electrical heating is not used, the proposed PV array could produce as much as 18 % of the buildings

power.

The use of a combination solar thermal and photovoltaic system is also being considered. The two

technologies partner very well, but the economics of such systems are not known at this time.

Used Oil Burner/Boiler

The amount of used oil produced at a facility such as this is not substantial enough to justify the cost to

install a specific used oil fired system to utilize this resource. These systems are better suited for

commercial maintenance facilities which collect far more used oil throughout the course of the year

(Jiffy Lube or Semi Maintenance Facilities for example).

Additionally, used oil is a dirty fuel and these systems require substantially more and costly

maintenance. Many systems installed with similar good intentions are decommissioned after a few

years because of the cost and difficulty in maintaining them.

24 V DC power/wiring

There was conversation of utilizing 24 volt DC power to power various portions of the facility. The

thought was to produce power on-site, and store the power in batteries for use within the facility. From

a technical point of view there are a few problems with utilizing DC power in this manner.

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First, voltage drop – wires have internal resistance which impedes the flow of electricity. This results in

voltage drop along the conductors. The longer the conductor the higher the voltage drop until the

voltage available will not power the utilization equipment. As an example a typical # 12 conductor can

only be run 18 feet before voltage drop problems are encountered for a 1200 watt load. Typical AC

circuits can be run up to 100 feet or more. To power that same 1200 watt load 100 feet away, the wire

carrying 24 volt DC will need to be a # 4 conductor, approximately 6 times more conductor area.

Second, lighting controls – The facility will use LED lighting. Although LED lighting does operate at a DC

voltage, there is no DC voltage lighting control systems. Which means the lights can be on, but there is

no way to dim the lights to capture the daylighting, control the lights from occupancy sensors, or other

lighting control devices.

Third, other devices – Although other equipment can be operated with DC voltages, such as motors,

these are special order items, which mean more cost to the project. Current mechanical design is to

control motors with devices which allows the motor speed, operation, to match the load it is satisfying

to minimize energy use for the facility. For example a motor with only 50% load will be run at reduced

speed, energy consumption, so it will only carry the 50% loading. Although it may be possible to modify

the control devices to operate on DC voltage, the controlling devices are UL listed to operate on AC

power. Any modification of the control devices will void or remove the UL listing of the device.

Insurance carriers will not insure a facility which utilizes non-UL listed equipment.

Summary

MKK will work with project stakeholders to design the facility to their goals and within their budget. We

recommend gas-fired heating be utilized for better life cycle cost and lower operating costs unless a

heat pump system can be utilized. Systems will be designed to the most efficient possible within the

constraints of the project. Renewables will be integrated to the extent feasible. The use of used oil

heating systems and 24 volt DC power systems are not recommended.

Please call if you have any questions or comments.

Sincerely,

Walker Jones

cc: file

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AGENDA INFORMATION MEMORANDUM TOWN BOARD OF TRUSTEES Meeting Date: March 3, 2015 Initiated By: /s/Eva Forberger Dept: ADMINISTRATION X ACTION DISCUSSION

________________________________________________________________ AGENDA ITEM:

Consideration of agreement with Positive Energies, llc for feasibility study on DC power for the Public Works Shop on Ridge Road. SUMMARY:

Positive Energies, llc (consultant) and Schneider Electric gave a presentation on hybrid AC/DC microgrids prior to the Board of Trustees meeting on February 27, 2015. After that presentation, the consultant indicated that they would do a feasibility study on any particular project at no charge to the Town on proceeding with this kind of system. The Board of Trustees directed staff to work with Consultant to conduct a feasibility study on the Public Works Shop, which is still in the planning stage. ATTACHMENTS: Agreement with Positive Energies, llc FINANCIAL CONSIDERATIONS:

There is no cost to this study; however, if after the feasibility study the Town decides to pursue DC power based on the study, there may be additional coordination costs from other subcontractors/consultant. Ideally, these costs will be offset by the savings of the DC power component.

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AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into this 3rd day of March, 2015, by and between the Town of Nederland, a Colorado municipality (the "Town") and Positive Energies, llc, a Colorado limited liability company (“Consultant”).

WHEREAS, the Town requires professional services; and

WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and experience to perform the required services.

NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

Consultant shall conduct and furnish a DC power feasibility study for the Town’s new Public Works Shop to be located off Ridge Road within the Town of Nederland. The Town shall provide Consultant with reports and such other data as may be available to the Town and reasonably required by Consultant to perform the this service.

The Town acknowledges that the Consultant's work product is an instrument of professional service. Nevertheless, all work product prepared under this Agreement shall become the property of the Town upon completion of the work. Consultant shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Scope Services shall remain the property of Consultant.

If the Town decides to proceed in the direction of DC power based on the feasibility study, the Consultant shall have the “right of first refusal” for additional work based on the feasibility study.

Consultant shall not receive payment for these services and is performing this service gratis. The consultant is responsible for all costs associated with creating this feasibility study.

This Agreement may terminate earlier: (a) at such time as the work described in the Scope of Services is completed and the requirements of this Agreement are satisfied, or (b) upon the Town's providing Consultant with thirty (30) days’ advance written notice.

I. CONFLICT OF INTEREST

The Consultant shall disclose any personal or private interest related to property or business within the Town. Upon disclosure of any such interest, the Town shall determine if the interest constitutes a conflict of interest. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a default and terminate this Agreement.

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II. INDEPENDENT CONTRACTOR

Consultant is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. Consultant shall make no representation that it is a Town employee for any purposes.

III. ILLEGAL ALIENS

A. Pursuant to C.R.S. § 8-17.5-102(1), Consultant hereby certifies that at the time of executing this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that it will participate in either the E-Verify Program or Department Program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement.

B. The Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement nor shall it enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.

C. The Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or the Department Program.

D. The Consultant is prohibited from using either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed.

E. If the Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (a) notify the subcontractor and the Town within three (3) days that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to C.R.S. Section 8-17.5-102 (2) (III) (A) the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.

F. The Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Section 8-17.5-102 (5), C.R.S.

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G. Any violation of subsections A through F above shall be deemed to be a material breach of this Agreement and the Town may immediately terminate this Agreement for cause. If this Agreement is so terminated, the Consultant shall be liable for actual and consequential damages to the Town pursuant to C.R.S. Section 8-17.5-102(3) and the Town shall notify the office of the Secretary of State of such violation and termination.

IV. MISCELLANEOUS

A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Boulder County, Colorado.

B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement.

C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Consultant and the Town, superseding all prior oral or written communications.

D. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the Town or Consultant. The Consultant’s services under this Agreement are being performed solely for the Town’s benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. The Town and Consultant agree to require a similar provision in all contracts with contractors, subcontractors, sub-consultants, vendors and other entities involved in this Project to carry out the intent of this provision.

E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows:

The Town: Town of Nederland

Alisha Reis, Town Administrator P.O. Box 396 45 W. First Street Nederland, Colorado 80466

Consultant: Daniel C. Gregory Positive Energies, llc 117 E. 37th St, PMB 391 Loveland, CO 80538

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F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

G. Modification. This Agreement may only be modified upon written agreement of the parties.

H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other.

I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently three hundred fifty thousand dollars ($350,000) per person and nine hundred ninety thousand dollars ($990,000) per occurrence) 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 the Town and its officers or employees.

J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above.

TOWN OF NEDERLAND

Joe Gierlach, Mayor

ATTEST: LauraJane Baur, Town Clerk

CONSULTANT

By: Daniel C. Gregory

CEO Positive Energies, llc

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________________________________________________________________ AGENDA ITEM:

Consideration of contract with RG and Associates for engineering and project management associated with road repairs related to damages from the September 2013 flood. SUMMARY:

After the September 2013 flood, the Town and FEMA identified two major areas of damages: sewer lines (CAT F) and roads (CAT C). The Town proceeded with work on the sewer lines last year and completed that project as outlined with the approved PW. The Town completed approximately 20% of the road work but has not been able to complete the remaining amount due to limited man power. The Town is seeking to outsource this work in order to complete it on a timely basis. Any change to the original PW needs a scope change from FEMA. The Town has been working with FEMA on drafting the scope change request, however, we may not get approval of the scope change until the very end of the project due to the dollars involved. FEMA may choose to make the scope change when they close the project out. The Town is proceeding with this work since it is critical to the Town’s ultimate recovery of all the flood damage, and running all items (contracts, memos, etc.) by our state contact to minimize any issues at the end. ATTACHMENTS: 1) Contract with RG and Associates 2) Exhibit A: Proposal from RG and Associates 3) Scope Change Memo to FEMA FINANCIAL CONSIDERATIONS:

These costs should be covered by FEMA reimbursement and disaster relief grant funds, however, we are submitting before approval of the scope change and we are not guaranteed funding. Approval of the scope change can take up to six months. The Department of Homeland Security indicates that all communities should proceed with flood recovery work. The total initial PW is for $219,341. The revised PW will increase $221,865, or 101%. RG and Associates contract makes up $50,047 of this amount.

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AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into this 3rd day of March, 2015, by and between the Town of Nederland, a Colorado municipality (the "Town") and RG and Associates, LLC, a Colorado limited liability company (“Consultant”).

WHEREAS, the Town requires professional services; and

WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and experience to perform the required services.

NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

I. SCOPE OF SERVICES

A. Consultant shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the proposal in Exhibit A, attached hereto and incorporated herein by this reference.

B. A change in the Scope of Services shall constitute any material change or amendment of services or work which is different from or additional to the Scope of Services. No such change, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. Notwithstanding the foregoing, the Town Administrator is authorized to issue written approval for Consultant’s use of a geotechnical engineer, if necessary, as described in Exhibit A.

II. REPORTS, DATA AND WORK PRODUCT

A. The Town shall provide Consultant with reports and such other data as may be available to the Town and reasonably required by Consultant to perform the Scope of Services. All documents provided by the Town to Consultant shall be returned to the Town. Consultant is authorized by the Town to retain copies of such data and materials at Consultant's expense.

B. The Town acknowledges that the Consultant's work product is an instrument of professional service. Nevertheless, all work product prepared under this Agreement shall become the property of the Town upon completion of the work. Consultant shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Scope Services shall remain the property of Consultant.

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C. Upon request, Consultant shall provide to the Town electronic versions of all work product, in the format directed by the Town.

D. The Town shall retain records relating to this Agreement for three (3) years after final payment is made to Consultant pursuant to Section III below.

III. COMPENSATION

A. Consultant shall be compensated for those services directed by the Town to be provided at rates set forth in the proposal in Exhibit A. The total amount of compensation due under this Agreement shall not exceed $50,047 if a geotechnical engineer is utilized by Consultant; total compensation due shall not exceed $ 42,657 if a geotechnical engineer is not utilized by Consultant.

B. At intervals determined appropriate by Consultant, Consultant shall invoice the Town for services rendered. Upon receipt of such invoices, the Town shall make payment in full within thirty (30) days.

c. Notwithstanding the maximum amount specified in subsection A hereof, Consultant shall only be paid for work performed. If Consultant completes the Scope of Services for a lesser amount than the maximum amount, Consultant shall be paid the lesser amount, not the maximum amount.

IV. PROFESSIONAL RESPONSIBILITY

A. Consultant hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law.

B. The work performed by Consultant shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms or individuals in the same or similar type of work in the applicable community. The work and services to be performed by Consultant hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations.

C. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions that fall below the standard of professional practice.

D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of the work. Neither the Town's review, approval or acceptance of, nor payment for, any of the services shall be

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construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

E. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty-five percent (25%) of the work required under the Scope of Services. Upon execution of this Agreement, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Agreement.

V. INSURANCE

A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law.

B. At a minimum, and without limiting the scope of the foregoing Subsection A., Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to procure and maintain commercial general liability insurance and professional liability insurance (also known as “Errors and Omissions” insurance), each such policy with a minimum combined single limit of five hundred thousand ($500,000) dollars each occurrence and one million dollars ($1,000,000) general aggregate, applicable to all premises and operations. Such coverage shall be procured and maintained with forms and insurers acceptable to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

C. Any insurance carried by the Town, its officers, its employees, or its consultants shall be excess and not contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any deductible losses under any policy.

D. Consultant shall provide to the Town a certificate of insurance, completed by Consultant's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

E. Failure on the part of Consultant to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may

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offset the cost of the premiums against any monies due to Consultant from the Town.

VI. GENERAL WARRANTY

N/A

VII. INDEMNIFICATION

Consultant agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss which arise out of or are in any manner connected with this Agreement or the Scope of Services if such injury, loss, or damage is caused by the act, omission, error, professional error, mistake, negligence, or other fault of Consultant, any subcontractor of Consultant, or any officer, employee, representative, or agent of Consultant or of any subcontractor of Consultant, or which arise out of any workmen's compensation or other employment-related claim of any employee of Consultant or of any employee of any subcontractor of Consultant. Insurance coverage requirements specified by this Agreement shall in no way lessen or limit the liability of Consultant under the terms of this indemnification obligation.

VIII. EFFECTIVE DATES AND TERMINATION

This Agreement shall be in effect from March 5, 2015 through October 31, 2015, at the latest, and may terminate earlier: (a) at such time as the work described in the Scope of Services is completed and the requirements of this Agreement are satisfied, or (b) upon the Town's providing Consultant with thirty (30) days’ advance written notice. After termination, the Town shall pay Consultant for all work previously authorized and completed prior to the date of termination. If, however, Consultant has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Scope of Services, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented to by Consultant.

IX. CONFLICT OF INTEREST

The Consultant shall disclose any personal or private interest related to property or business within the Town. Upon disclosure of any such interest, the Town shall determine if the interest constitutes a conflict of interest. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a default and terminate this Agreement.

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X. INDEPENDENT CONTRACTOR

Consultant is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. Consultant shall make no representation that it is a Town employee for any purposes.

XI. ILLEGAL ALIENS

A. Pursuant to C.R.S. § 8-17.5-102(1), Consultant hereby certifies that at the time of executing this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that it will participate in either the E-Verify Program or Department Program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement.

B. The Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement nor shall it enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.

C. The Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or the Department Program.

D. The Consultant is prohibited from using either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed.

E. If the Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (a) notify the subcontractor and the Town within three (3) days that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to C.R.S. Section 8-17.5-102 (2) (III) (A) the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.

F. The Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Section 8-17.5-102 (5), C.R.S.

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G. Any violation of subsections A through F above shall be deemed to be a material breach of this Agreement and the Town may immediately terminate this Agreement for cause. If this Agreement is so terminated, the Consultant shall be liable for actual and consequential damages to the Town pursuant to C.R.S. Section 8-17.5-102(3) and the Town shall notify the office of the Secretary of State of such violation and termination.

XII. MISCELLANEOUS

A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Boulder County, Colorado.

B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement.

C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Consultant and the Town, superseding all prior oral or written communications.

D. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the Town or Consultant. The Consultant’s services under this Agreement are being performed solely for the Town’s benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. The Town and Consultant agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision.

E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows:

The Town: Town of Nederland

Alisha Reis, Town Administrator P.O. Box 396 45 W. First Street Nederland, Colorado 80466

Consultant: RG and Associates, LLC Ricardo Goncalves, P.E., President

4885 Ward Road, Suite 100 Wheat Ridge, CO 80033

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F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

G. Modification. This Agreement may only be modified upon written agreement of the parties.

H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other.

I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently three hundred fifty thousand dollars ($350,000) per person and nine hundred ninety thousand dollars ($990,000) per occurrence) 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 the Town and its officers or employees.

J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed.

K. ARTICLE X, SECTION 20/TABOR. The parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Nederland and other applicable law. Notwithstanding any other provision of this Agreement concerning termination, upon the Town's failure to appropriate such funds, this Agreement shall automatically terminate.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above.

TOWN OF NEDERLAND

Joe Gierlach, Mayor

ATTEST: LauraJane Baur, Town Clerk

CONSULTANT

By: Ricardo Goncalves, P.E., President STATE OF COLORADO )

) ss. COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20___, by as .

My commission expires: (S E A L)

Notary Public

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EXHIBIT A

Scope of Services

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Source of Estimate: FEMA/Staff Date of Estimate: Varies

Street DescriptionUnits/

Size Type Unit Price Total Cost Target Date % Complete

Facility See Map (attachment B) Estimate Date 3/27/20141A 2nd Street 99.3 CY of Road Base 129 tons 7.83$ 1,010.07$

(2) 36 Inch Culvert replacement 60 feet 76.91$ 4,614.46$ Contractor perfromed work 4,070.00$ Subtotal 1A 9,694.53$ 12/31/2014 100% 9,694.53$

2A 3rd and Jefferson 368.6 CY of Road Base 420 tons 7.83$ 3,288.60$ Labor (forced account) 8,631.00$ Equipment (forced account) 15,094.56$ Subtotal 2A 27,014.16$ 12/31/2014 100% 27,014.16$

3A West Pine 103.8 CY of Road Base 134.9 tons 7.83$ 1,056.27$ Labor (forced account) 2,414.03$ Equipment (forced account) 4,221.36$ Subtotal 3A 7,691.66$ 12/31/2014 100% 7,691.66$

4A Barker Rd 24.7 CY of Road Base 32.1 tons 7.83$ 251.34$ Labor (forced account) 585.22$ Equipment (forced account) 1,023.36$ Subtotal 4A 1,859.92$ 12/31/2014 100% 1,859.92$

5A Doe Trail 111.6 CY of Road Base 109 tons 7.83$ 853.47$ Labor (forced account) 2,994.00$ Equipment (forced account) 5,688.00$ Subtotal 5A 9,535.47$ 9/30/2015 0% 9,535.47$

6A Navajo Trail 171.38 CY of Road Base 171.38 tons 7.83$ 1,341.91$ Labor (forced account) 4,990.00$ Equipment (forced account) 9,480.00$ Subtotal 6A 15,811.91$ 9/30/2015 0% 15,811.91$

7A‐7E Big Springs Rd Replacement of Road base 2133 tons 11.52$ 24,572.16$

Geotextile Fabric 143.5 SY 2.20$ 315.70$

Labor (forced account) 39,920.00$

Equipment (forced account) 75,840.00$

Subtotal 7A‐7E 140,647.86$ 9/30/2015 0% 140,647.86$

8A Alpine Dr 151.18 CY of Road Base 147.3 tons 7.83$ 1,153.36$

Labor (forced account) 642.00$


Subtotal 8A 2,979.36$ 9/30/2015 0% 2,979.36$

9A Blue Spruce Dr 133.3 CY of Road Base 130 tons 7.83$ 1,017.90$

Labor (forced account) 642.00$


Subtotal 9A 2,843.90$ 9/30/2015 0% 2,843.90$

Administrative Costs 1,262.00$ 9/30/2015 0% 1,262.00$

Total CAT C Original 219,341$ 46,260.27$ 173,080.49$

Work Completed

Materials 10,220.74$

Labor (forced account) 11,630.25$


Contractor perfromed work 4,070.00$

46,260.27$ 21%

Work Remaining Internal Outsourced Increase in Cost (estimate)

Administrative Costs 1,262.00$ 1,262.00$ ‐$

Materials 29,254.49$ 58,508.99$ 29,254.49$

Labor (forced account) 49,188.00$ 98,376.00$ 49,188.00$

Equipment (forced account) 93,376.00$ 186,752.00$ 93,376.00$

Total amount now to be outsourced 173,080.49$ 79% 344,898.99$ 171,818.49$

Scope Changes

Work Completed 46,260.27$ completed

Additional Engineering/Consultant Support 15% 50,047.00$ RG Contract

Change Outsource vs. Inhouse 344,898.99$ estimate

Revised Total 441,206.26$

Difference 221,865.49$ 101%

Public Assistance Match Cat C R1‐40‐17a

Town of Nederland Page 11

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________________________________________________________________ AGENDA ITEM:

Consideration of Resolution 2015-09, delegating limited signatory authority to the Mayor concerning grant funds for the NEDPEDs project. SUMMARY:

The Town of Nederland was awarded the TAP grant in January 2015 that provided for additional money to fund the two spurs associated with the NEDPEDs project. CDOT will prepare an amendment to the original agreement in order to accept these grant funds. The amendment should be ready within the near future. We cannot go out to bid until the amendment has been executed and we received notice to proceed from CDOT. In order to expedite the process, we have prepared a signatory resolution allowing the Mayor to sign the amendment when available instead of having to wait until the next Board of Trustees meeting. ATTACHMENTS: Resolution 2015-09 FINANCIAL CONSIDERATIONS:

This grant adds $250,000 in funding (including grant and match) making the total budget for project construction and construction management $1,015,000.

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TOWN OF NEDERLAND Boulder County, Colorado

RESOLUTION 2015 - 09

A RESOLUTION DELEGATING LIMITED SIGNATORY AUTHORITY TO THE MAYOR CONCERNING GRANT FUNDS FOR THE NEDPEDS PROJECT

WHEREAS, in September of 2012, the Town received a grant and signed an

IGA/agreement with the Colorado Department of Transportation (CDOT) to fund Nederland Sidewalks 2 (NEDPEDs) and

WHEREAS, the Town applied for and was awarded in January 2015 another grant

through CDOT for the NEDPEDs project; and WHEREAS, CDOT will prepare an amendment to the aforementioned IGA that will

permit the Town to accept and utilize these additional grant funds for the NEDPEDs project; and WHEREAS, in order to facilitate and expedite the Town’s receipt of such funds, the

Town Board of Trustees (“Board”) wishes to delegate limited signatory authority to the Mayor, as further set forth herein.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND, COLORADO:

Section 1. The Board of Trustees hereby delegates to Mayor Joe Gierlach the limited authority to sign an amendment to the existing IGA with CDOT related to the NEDPEDs project to permit the Town to accept and utilize the additional grant funds it was awarded in January 2015 for said project.

Section 2. This Resolution shall take effect immediately upon adoption.

RESOLVED, APPROVED and ADOPTED this 3rd day of March, 2015.

TOWN OF NEDERLAND By: ________________________________ Mayor Joe Gierlach ATTEST: _________________________________ LauraJane Baur, Town Clerk

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