OF DOLO ST. 1909 AGENDA DOLORES COLORADO TOWN BOARD OF TRUSTEES MEETING NOVEMBER 25TH 2024, 5:30 P.M. BOARDI MEETING FOR THEZ ZOOM LINK ttps/townofdolores.colorado.gov THE MEETING WILLI BE HELD AT1 THE TOWN HALL 601 CENTRAL AVENUE. IFYOUWISHTO ATTEND' VIRTUALLY, PLEASE VISIT THE TOWN WEBSITE UNDER GOVERNMENTTOWN WORKSHOP:: 5:30P.M.: 1. Strategic Plan 2. First discussion oft the Employee Handbook BOARD MEETING 6:30 P.M. 1.CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLLO CALL 4. ACTION/APPROVAL OF1 THE AGENDA 5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST. 6.ACTION/APPROVAL OF THE CONSENT AGENDA: The Consent Agenda is intended to allow the Board by a single motion approve matters that are considered routine or non-controversial. Here will be no separate discussion of these items unless al Board Member requests an item to be removed from the Consent Agenda and considered separately. Items removed from the Consent Agenda will be Considered under specific Agenda item numbers. No consent agenda att this time. 7. REMOVED CONSENT, AGENDAITEMS: 8. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during al Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town' Website for the link), or by submitting your comments, via email, to the Town Clerk at Ammyetowporogrs.on any time before the dated Board meeting. $ STAFF/COMMITTEE EPOAIS/PRESENTATONS: 9.1 Managers Report: Leigh Reeves 9.2 Attorneys Report: Jon Kelly 9.3Treasurers Report: Kelley Unrein Sales Tax report for October Grant Activity Report 9.4Commissioner: Jim Candelaria 10.TRUSTEES REPORTS AND ACTIONS: 10.1 Mayor Chris Holkestad 10.2Trustee Kalin Grigg 10.3Trustee Sheila Wheeler 10.4Trustee Mark' Youngquist 10.5Trustee Chris Curry 10.6Trustee Linnea Peterson 10.7Trustee Marie Roan Actuals 11. PUBLIC HEARINGS/ORDINANCES/READINGS: 11.1 Public eatngActonAPproval second reading of Ordinance 582 Series 2024: to amend the Dolores Land Use Code to amend provisions related to accessory dwelling units. 11.2 Discussion: Treasurer Unrein and Manager Reeves introducing the first reading of the 2025 Budget. 12. RESOLUTIONS: 12.1 Action/Approval Resolution R628 Series 2024 awarding a contract with Barr 12.2 Action/Approval Resolution R629 Series 2024 awarding a contract to replace the roof 12.3 Action/Approval Resolution R630 Series 2024 awarding a construction contract to 12.4 Action/Approval Resolution R631 Series 2024 approving a request for an extension of Engineering Company for Dolores River habitat and access improvements. ont the water plant. American Ramp Company. the DOLA grant for the Town Hall Remodel to December 31st 2025. 13. EXECUTIVE SESSION DISCUSSION to consult Town Attorney concerningap property matter pursuant to 24-6-402(4)0)0, CRS. 14. ADMINISTRATIVE: BOARD BUSINESS: 15. UPCOMING BOARD, COMMITTEE AND SPECIAL GROUP MEETINGS: 16. ADIOURNMENT: OIPOR Town Manager's Report Date: November 20th, 2024 To: Board of Trustees From: Leigh Reeves The Mayor, Kalin, Mark, Linnea, Kelley and Ir met with Randy and the maintenance team for a tour of the water and sewer plants. Kalin, Mark, Kelley and In met to discuss the $15K allocation offunds from the Town of Dolores to Non-Profits that support our citizens and patrons. Here is a list of organizations that requested funding: Dolores Public Library Galloping Goose SWCCA Senior Lunch program K-9 Rescue Montezuma Leadership Network My apologies to Trustee Wheeler for not getting information in a timely fashion. The portion of the park that will be used for the All-Wheel project is 7%or2.5 acres. Additionally, the generator installation has been moved to after Thanksgiving due to the holiday and scheduling. 601 Central Ave, POI Box 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 www.townofdolores.colorado.gov OFDOED Caselle - We have the opportunity to move to a new accounting system that is used by most government entities. Itwill allow for true fund accounting and more accurate information. Additionally, it will allow us to complete reporting in at timelier fashion. There is a multi-year implementation plan. The final inspection for the Flanders Park restroom is scheduled for November 26th at which point the bathroom will be officially open. We will be decorating the town hall and Flanders Park the week of December 2nd. Additionally, we will be installing internet at the restroom building SO we can set up the electric car charging station again. Before you Monday is the 2nd reading and possible passage of Ordinance 582 Series 2024, to amend the Dolores LUC for changes related to ADUS. This is the 2nd reading and request for passage. This will allow ADUS to be added to properties in the CMU and DMU through the conditional use process. We will have our first reading and 2nd public hearing on November 25th, 2024, for the 2025 budget. We will also have to vote on an amendment to this year's budget, which will come to you on December 9th, our last meeting of the year. We will be over by the amounts we discussed earlier in the year and some additional because of cleaning up of grants. These are unforeseen items that were agreed to or could no longer wait to be completed. Additionally, there were items agreed to by the previous town manager that had overruns. Resolution R628 - Series 2024 to approve a contract with BARR engineering for the Fishing is Fun grant. This company will come to Dolores in the 1st week of December to survey the river to complete the 404-permit required by the ACOE. This will allow us to complete the Fishing is Fun grant next fall. 601 Central Ave, POI Box 6301 Dolores, CO.81323 Ph. 970-882-7720 fax. 970-882-7466 www.townofdolores.colorado.gov POFDOA Before you Monday will be Resolution R629 - Series 2024 A resolution approving an emergency contract to replace and repair the water plant roof and trusses. The cost of the project is $31,700. We will need to do the stucco, which is not as critical in the Spring. We also have before you Resolution R630 - series 2024 which is a contract with American Ramp Co. to build the Bike and Skate Park, which will cost $737K without any in kind resources. This contract allows us to set the current price and timeline, which will go up if we wait until next year. There is a clause in the contract that says it is null and void if we do not get the final GOCO grant allocated. The parks committee and In met last week. We will be supporting fund raising through the Lost Canyon Bike Club, which is a non-profit. Also, we have R631 - Series 2024, an extension of the DOLA grant to remodel town hall from January 31st, 2025, until December 31st, 2025, as requested by DOLA, Ted Gantzer. 601 Central Ave, POI Box 6301 Dolores, CO.81323 Ph. 970-882-7720 fax. 970-882-7466 www.townofdolores.colorado.gov se 6P46P66Pt, $ TOWN OF DOLORES, COLORADO ORDINANCE NO. 582 SERIES 2024 AN ORDINANCE TO AMEND THE DOLORES LAND USE CODE TO AMEND PROVISIONS RELATED TO ACCESSORY DWELLING UNITS WHEREAS, pursuant to C.R.S. $ 31-23-301, the Town ofDolores ("Town") possesses the authority to zone, rezone, change, supplement, and revise the zoning classifications or designation of property and to: regulate land uses within the Town. WHEREAS, the Town is authorized by C.R.S. $ 31-23-301 to regulate zoning and land use within the Town's boundaries, and the Town has in fact adopted a comprehensive zoning scheme. WHEREAS, the Dolores Town Board identifies provisions of the Land Use Code pertaining to accessory dwelling units that make it difficult for certain landowners to make reasonable use of their properties and unnecessarily inhibit the Town'sability to address its affordablel housing crisis; WHEREAS, the Planning Commission has held numerous meetings to study issues around WHEREAS, after public notice and final public hearing on November 5, 2024 as required by the Dolores Land Use Code and applicable law and regulations, the Town of Dolores Planning and Zoning Commission has recommended approval of proposed amendments set forth in Exhibit A, WHEREAS after public notice and public hearing, the Town of Dolores Board of Trustees finds that the proposed amendments to the remaining provisions oft the Town ofDolores Land Use Code promote the health, safety and welfare and are in the best interests oft the citizens of the Town of WHEREAS, the Board ofTrustees wish to exercise its express statutory authority to amend the Town of Dolores Land Use Code as set forth herein in order to address concerns that the current code unnecessarily imposes restrictions on accessory dwelling units and inhibits the goal of NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE SECTION 1. The Town of Dolores Land Use Code as adopted by Ordinance 556-2021 on December 13,2021 and Ordinance 557-2022 on February 14,2022 is hereby amended as provided SECTION2. The Dolores Land Use Code shall otherwise remain in full force and effect except and accessory dwelling issues; and, attached hereto and incorporated herein by reference. Dolores and should be adopted. promoting affordable housing. TOWN OF DOLORES: on Exhibit. A, attached hereto and incorporated herein by reference. as expressly amended herein. 1Page SECTION3. Ifany section, paragraph, clause or provision oft this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any oft the remaining provisions ofthis Ordinance. SECTION4. This Ordinance shall take effect December 26, 2024, or thirty (30) days after final PUBLIC HEARING. This ordinance shall be considered for second or final reading on the 25th day ofNovember, 2024, ini the Town Board Chambers in' Town Hall, Dolores, Colorado, at which publication whichever is later. time and place all persons may appear and be heard concerning the same. Passed adopted and approved on the first reading on November 12th, 2024. DOLORES BOARD OF TRUSTEES: By: Mayor Chris Holkestad Attest: By: Clerk Tammy Neely Passed adopted and approved on the second and final reading this 25th day ofNovember, 2024. DOLORES BOARD OF TRUSTEES: By: Mayor Chris Holkestad Attest: By: Clerk Tammy Neely 2Page Dolores Accessory Dwelling Unit and Accessory Use or Structure LUC Updates 1.Table 4.3 is amended as follows: CB 2 D LE Ae R1 ne MR MH 1+ CH I ne P R R35 Table 4.3: Accessory Uses R W W F P GB 10 LL LL NR NR NR M M CM IN R R Add. Use R1 R2 1 2 3 HP U U D P1 P2 10 35 Stand. /P/ Permitted, /PL Permitted with Use Limitations, 1--/ Not Permitted Key IC/C Conditional Use Review Dwelling Accessory Dwelling Unit [11 Caretaker or guard residence, accessory Shelter [2] Short-Term Rental General Accessory Use or Structure Drive-Thru P PP C C C C = P P P P Sec. 4.6.A P P PPP P P P - P P PL PL PL PL PL = PL PL PL PIPIPIPIP! P C C P PL PL Sec. P P P Sec. 4.5.B 4.6.B Sec. 4.6.D P 2. Section 4.6.A is amended as follows: 4.6.A. Accessory Dwelling Units 1. Applicability Accessory dwelling units (ADUS) in applicable zones are permitted as follows: (a) In the LL1, LL2, and NR1 districts: One ADU per lot is permitted with a single-unit detached dwelling or duplex. Where each duplex unit is on an individual lot, each lot (b) Int the NR2, NR3, DMU, and CMU districts: One ADU is permitted on lots with a single- (a) The property owner shall live in either the primary or accessory dwelling unit. (b) The accessory dwelling unit shall not be sold separately or subdivided from the primary dwelling unit or lot unless both lots created by the subdivision conform tot the minimum may have an ADU. unit detached dwelling only. 2. Ownership and Occupancy lot size for the zone district where located. 3. Dimensional Standards and Location Dolores Land Use Code 11 (a) All new and existing ADUS must be located in a habitable structure that meets applicable Town building and life safety codes. ADUS shall not be located in: (1) Non-habitable areas within buildings or accessory structures (e.g., shed,garage), (2) Commercial (office/retail) or industrial (warehouse) spaces, or (3) Outdoors in a temporary structure (e.g., tent, yurt, treehouse, or other similar structure) ori in a recreational vehicle, mobile home, travel trailer, commercial or passenger vehicle or trailer, or any portable storage unit. (b) ADUS must have separate water and sewer taps. be constructed prior to the accessory dwelling unit. (c) The ADU shall bel located ont the same lota as the primary unit andi the primary unit must (d) Accessory dwelling units may be internal or attached to the primary dwelling unit or separate, detached accessory dwelling unit that may or may not be attached to a detached garage. 3. Section 13.11 is amended as follows: Section 13.11 Conditional Use Permits A. Purpose Aconditional use is a use that may or may not be appropriate in a given zone district depending upon the circumstances and the conditions imposed upon the approval of the use. The conditional use permit process allows the Town to consider and establish appropriate conditions tor reasonably mitigate adverse impacts of the use upon the proposed site and surrounding 1. Conditional use permits may be approved for the uses indicated as conditional uses in Tables 4.1 and 4.3 for the applicable zoning district. Any change or expansion of an approved conditional use shall require application for a new conditional use permit. 2. Ad conditional use permit may not be used to change the maximum density or intensity allowed in the underlying zone district. Accessory dwelling units are exempt from the properties. B. Applicability density calculation for any lot. Dolores Land Use Code 12 C. - Procedures 1. Common Procedures The common procedures for conditional use permits are identified in Table 13.2 and are summarized here for (a) The Zoning Administrator shall distribute the complete conditional use application to appropriate referral agencies, which may include the following: (1) Electric power association (2) Dolores School District (3) Dolores Fire Protection District Pre-Application Meeting applicant convenience. 2. Specific Procedures Submit Application Complete Application Review StaffR Review+ Recommend Public Nolice Required P&Z Review+ Recommend (4) Ift the property on which the proposed conditional use is located is within a potential hazard area, Colorado Geological Survey comment may be (5) Ifthe property on which the proposed conditional use is located is within a wildlife habitat area, Colorado Parks & Wildlife comment may be requested. requested. (b) Notice Requirements 5 Boardo ofT Trustees Decision (1) Published notice oft the P&Z public hearing shall be provided at least 10 days prior to the hearing. date. (2) Mailed notice of P&Z public hearing shall be provided at least 15 days before the (3) Published notice of the Board of Trustees public hearing shall be provided at least hearing date. 15 days before the hearing date. D. Decision Criteria When considering an application for conditional use permit, the Planning and Zoning Commission and Board of Trustees shall consider whether the application complies with (a) The proposed use is consistent with the Dolores Comprehensive Plan; (b) The proposed use complies with all applicable provisions oft the LUC; following criteria: (c) The proposed use will not have ar negative impact on the value of surrounding property (d) The location and size of the use, the nature and intensity of the operation involved or conducted in connection with is, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate or the general neighborhood; Dolores Land Use Code 13 neighborhood SO as toj prevent the development and use ofr neighborhood property in accordance with the applicable zoning district regulations. In determining whether the use will dominate the immediate neighborhood, consideration shall be given to: (1) The location, nature, and height of buildings, structures, walls, and fences ont the (2) The nature and extent of the proposed landscaping and buffering on the site. (3) Whether adequate utility, drainage, and other necessary facilities have or will be (4) Whether adequate access roads ore entrance and exit drives willl be provided and shall be designed to prevent traffic hazards and minimize traffic congestion. site; and provided; and 4. Section 2.6, General Definitions is amended to include thei following, in alphabetical order: "Tiny home" means a structure that meets the following, unless provided otherwise by C.R.S.: (1) Is permanently constructed on a vehicle chassis; (I) Is designed for long-term residency; (II) Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at al location other than the site of the completed home; (V) Is not self-propelled; and A tiny home is not: (V) Has a square footage ofr not more than four hundred square feet. () Amanufactured home as defined in CR5.2432-330220), (II) Arecreational park trailer, (II) Arecreational vehicle, (V) Asemitrailer, or () Ani intermodal shipping container. "Tiny house" means a modular factory built residential structure not built on a permanent chassis that is 400 square feet orl less; designed for long-term occupancy; built toi the International Residential Code; and attached to a permanent foundation. Dolores Land Use Code 14 6A $A $A 6A € 18,700.00 84500.00 274,268.51 68,500.00 53,520.00 37000.00 67,000.00 275,000.00 209405.00 122,500.00 30,400.00 191,750.00 883,151.89 S m S Town of Dolores Resolution No R628 SERIES 2024 ARESOLUTION. AWARDING A CONTRACT WITH BARR ENGINEERING COMPANY WHEREAS, the Town ofDolores (the "Town") has the authority to enter into contracts for WHEREAS, the Town has been awarded a Fishing is Fun grant from the Colorado Parks and WHEREAS Barr Engineering Company, has prepared al bid for services, attached hereto as WHEREAS the purpose ofthis agreement is to provide for permitting and preconstruction services to implement thel habitat improvements contemplated by the Fishing is Fun Grant. FOR DOLORES RIVER HABITAT AND ACCESS IMPROVEMENTS any lawful municipal purpose pursuant to C.R.S. $ 31-15-101. Wildlife to improve fishing access and habitat on the Dolores River. Exhibit A. WHEREAS the contract calls for the payment of the sum of $26,200.00. NOW, THEREFORE, BE: IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN Section 1. The Town Board of Trustees hereby awards and approves the contract attached for permitting and preconstruction services to implement the habitat improvements contemplated by the Fishing is Fun Grant.in the amount of $26,200 tol bej paid from the Town's General Fund as Section 2. The Mayor and Town Manager are authorized to execute the Agreement and the Town Section 4. This resolution shall become effective immediately upon its adoption by the Board of OF DOLORES, THAT: part of the Fishing is Fun grant match requirement; Clerk to attest the agreement with Barr Engineering Company. Trustees. Passed, adopted and approved this 25th day ofl November, 2024. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Attest: Mayor Chris Holkestad Town Clerk Tammy Neely BARR. November 1, 2024 Leigh Reeves Town of Dolores 420 Central Avenue PO Box 630 Dolores, CO 81323 Dear Leigh Reeves: Re: Agreement for Dolores River Habitat and Access Improvements Thank yout fort the opportunity to propose on providing the Town of Dolores (Client) with stream restoration services. If this proposal is acceptable and you would like to sign this letter with our attached We will do our best toj justify your expression of confidence in us. This letter, together with our Standard Terms (attached) sets forth the Agreement between the Town of Dolores (Client) and Barr Engineering Co., its affiliates and subsidiaries (Barr) regarding the Dolores River Habitat and Access Improvements project. The Dolores River channel through the Town of Dolores (Town) has become ecologically homogenous after the channel was straightened and levees were installed. The proposed work will The scope of professional consulting services Barr will provide for your project includes: terms, this letter will serve as the contract. improve fish habitat, while also providing improved fishing access. Phase 1-Permitting 1.1. Site Visit and Desktop Review. Barr staff will visit the site to determine the general geomorphology of the reach, channel dimension measurements, existing fish access, and in- channel structure condition from prior projects. Barr will also assess the structure locations identified in thel Fishing is Fun Grant design to determine if alterations toi the original design are 1.2. Design/Planset Development. Barr will use the site visit data to assess the current design provided int the Fishing is Fun Grant application andi make alterations toi ita after discussion with the Town staff. Barr will prepare a planset with locations and details of the proposed structures 1.3. USACE 404 Permit. Barr will submit a Clean' Water Act (CWA), Regional General Permit #12, Stream Stabilization or Nationwide Permit #27 Aquatic Habitat Restoration request toi the U.S. Army Corps of Engineers (USACE), Albuquerque District, Durangol Regulatory Branch. The pre- construction notification (PCN), required for either permitting paths, willi include, 1.)a description oft the proposed in-stream enhancement features/structure, footprint, and construction details; 2.) ac delineation of jurisdictional Waters oft the U.S. (WUS) and appropriate submittal; 3.) and will include at technical memorandum addressing the presencelabsence of endangered species. Barr willi follow USACE regulatory guidance letter no. 05-05, Ordinary High-Water Mark Identification necessary. Barr will perform al light desktop review of the site. for use ini the USACE 404 permit. (USACE 2005) to complete the OHWM delineations. The scope assumes: 225 East 16th Avenue, Suite 500, Denver, CO 80203] 800.632.2277 Rin ASORPE Leigh Reeves November 1,2024 Page2 Aquatic resource delineations willl bel limited to defining the ordinary high-water mark (OHWM) of the Dolores (i.e., no wetlands are present or will require delineation). One Barr biologist will delineate the OHWM during one site visit. Abiological technical memorandum addressing federally listed species for Endangered Species Act (ESA) compliance documentation will suffice (i.e., preparation of al Biological Evaluation is not required). Nos species-specific surveys are required. Either RGP; # or NWP # willl be applied to the Project. 1.4 USFS Coordination. Barr willi initiate project coordination with the USI Forest Service, Dolores Ranger District. Coordination will consist of a site visit and a conference call to explain the project andi to review the USFS portion oft the river reach. The scope assumes: No additional USFS specific documentation is required Nol NEPA analysis is required compliance memorandum. Barr will provide the USFS with copies of the project CWA permit and the ESA Phase 2-Pre-Construction Documentation 2.1 Floodplain Permitting. Barr will prepare and submit a no-rise permit based on the proposed design that incorporates any permitting comments from Phase 1. Barr assumes that the hydraulic model used int the 2008 Flood Insurance Study through the Town will! be used for this effort. This scope assumes that a no-rise is achievable with the current or modified design. No 2.2 IFC Planset. Barr will provide a construction ready planset, bid schedule with quantities, and specifications that willl be updated from Phase 1 based on USACE 404 and floodplain permitting 2.3 Bidding Support. Barr will assist the Town with selecting a contractor in the Bid process, This scope of work does noti include construction phase services, however, those can be provided on a This Agreement willl be effective fort the duration oft the services unless terminated earlier by either Client or Barr. Barr's Proposal, ifany, is not a part of this Agreement except as specifically indicated or referred toi int this letter Agreement. Barr will commence work upon receipt ofa a copy of this letter signed by Client. Barr understands that permitting must be completed to receive addition GOCO grant funds. Barr plans to complete the Permitting Phase (Phase 1) within 6 months of receiving Notice to Proceed. Barr also understands that the Town would like to complete construction during low flows, within the fall or winter of 2025. Barr plans to complete Pre-Construction Documentation (Phase 2) by August 2025 to provide Barr willi inform you of progress by periodic (at least monthly) virtual progress meetings or email updates. For the services provided, Client will pay Barr according tot the attached Standard Terms. Barr will bill Client approximately monthly. The cost oft the services is estimated to be $26,200 (USD). The cost federal floodplain permitting is included in this scope. comments and feedback from the Town staff. answering Bidder questions as needed. time-and-expense basis as needed. adequate time to onboard the contractor. breakdown by taski is displayed below in' Table 1. Leigh Reeves November 1,2024 Page 3 Table 1. Cost breakdown! by task. Cost $2,500 $4,500 $8,000 $1,800 $16,800 $4,200 $4,200 $1,000 $9,400 $26,200.00 Phase1-Permitting 1.1 Site Visit and Desktop Review 1.2 Design/Planset Development 1.31 USACE 404 Permit 1.4USFS Coordination Phase 1 Subtotal Phase: 2-Pre Construction Documentation 2.1 Floodplain Permitting 2.31FCPlanset 2.3 Bidding Support Phase 2s subtotal Total Phases 1 and 2 We understand you have the authority to direct us. We will direct communications toy you at the address on this letter. Direction should be provided to me at 225 East 16th Avenue, Suite 500, Denver, CO 80203. During thei term of this Agreement, Barr agrees to maintain with a company or companies lawfully authorized to do business in the jurisdiction in which the project is located, the type of insurance and policy limits as set forth below (USD): Workers' Compensation and Employers' Liability 1. Coverage A: 2. Coverage B: Per State Statute $500,000 Each Accident $500,000 Disease -F Policy Limit $500,000 Disease = Each Employee Commercial General Liability 1. $2,000,000 2. $2,000,000 3. $1,000,000 4. $1,000,000 Commercial Automobile Liability 1. $1,000,000 General Aggregate Each Occurrence Personal Injury Products - Completed Operations Aggregate Combined Single Limit Bodily Injury and Property Damage The Commercial Automobile Liability shall provide coverage fort thet following automobiles: 1. All Owned Automobiles 2. All Non-Owned. Automobiles 3. All Hired Automobiles Umbrella Liability 1. $10,000,000 $10,000,000 Each Claim Annual Aggregate Leigh Reeves November 1,2 2024 Page 4 2. The Umbrella Liability provides excess limits fort the Commercial General Liability, Employers' Liability, and Commercial Automobile Liability policies. Professional and Pollution Incident Liability Professional Liability insurance including Pollution Incident Liability coverage with limits of not less than $5,000,000 Per Claim/$5,000,000. Annual Aggregate. Certificates of Insurance will be provided upon request. Certificates of Insurance Barr and Client waive all rights, including theiri insurers' subrogation rights, against each other, their subcontractors, agents, and employees, and the other's consultants, separate contractors, andi their subcontractors, agents, and employees for losses or damages covered by their respective property or casualty insurance, commercial general liability, or Builder's Risk insurance. This waiver of subrogation is Ift this Agreement is satisfactory, please sign the enclosed copy of this letter in the space provided, and effective notwithstanding any duty ofi indemnity. return itt to Barr. Sincerely yours, BARRI ENGINEERING CO. ALy Nathan Campeau Its Vice President Accepted this TOWN OF DOLORES By. Its Attachments day of 20_ Standard Terms--Professional Services -BARR. STANDARD TERMS-PROPESSIONAL SERVICES Barr's Agreement with Client consists of the accompanying letter or other authorization, Work Orders, and these Standard Terms - Professional Services. Section 1: Barr's Responsibilities 1.1 Barr will provide the professional services ("Services") described inf this Agreement. Barr will use that degree of care and skill ordinarily exercised unders similar circumstances by reputable members of Barr's profession practicing int the same locality. 1.2 Barr will select the means, methods, techniques, sequences, or procedures usedi inj providing its Services. If Client directs Barr to deviatei from Barrs selections, Client agrees tol hold Barr harmless from claims, damages, and expenses arising out of Client direction. 1.3 Barr will acquire all licenses applicable to its Services and will comply with applicable! law. 1.4 Barr duties do noti include supervising Client contractors or commenting on, supervising, or providing ther means and methods of their work unless Barr accepts anys such duty inv writing. Barr will not be responsible for thei failure of Client contractors top perform in accordance with their 1.5 Barr willp provide a health and safety program for Barr employees, but willr not be responsible for contractor, job, or site health or safety unless Barr accepts that duty in 1.6 Estimates of Barr's fees or other project costs will be based oni information available to Barr and on Barr's experience and knowledge. Such estimates are an exercise of Barr's professional judgment and are not guaranteed or warranted. Actual costs may vary. Client should add a contingency, tot thel budgetedf fees and costs to account for unexpected costs. 1.7 Thei information Client provides to Barr will be maintained inconfidence except as required by law. Section 2: Client Responsibilities 2.1 Client will provide access to property. 2.2 Client will provide Barr with prior reports, specifications, plans, changes inp plans, and otheri information about the project that may affect the delivery of Barr's Services. Client will hold Barr harmless from claims, damages, and related expenses, including reasonable attorneys' fees, involvingi information noti timely called to Barr's attention or not correctly shown on documents Client furnishes tol Barr. 2.3 Client agree to provide Barr with information on contamination and dangerous and hazardous substances andp processes Barr may encounter inj performing the Services and related emergency procedure information. 2.4 Client agree tol hold Barr harmless ast to claims that Barri is an owner, operator, generator, transporter, treater, storer, ora disposal facility within ther meaning of any! law governing the handling, treatment, storage, or disposal of dangerous or hazardous materials. 2.5 Site remediation services mayi involve risk of contamination of previously uncontaminated air, soil, or water. If Client is requesting that Barr provide services that include this risk, Client agrees tol hold Barr harmless from such contamination claims, damages, and expenses, including reasonable attorneys' fees, unless andi tot the extent the lossi is caused by Barr negligence. 2.6 Monitoring wells are Client property and Client is responsible for their permitting, maintenance and abandonment unless Barr accepts that duty inv writing. Samples remaining after tests are conducted and fielda and laboratory equipment that cannot be adequately cleansed of contaminants are Client properly. They will be discarded or returned to Client, at Barr's discretion, unless within 15 days oft the report date Client gives written directioni tos store or transfer the materials at Client 2.7 2.6 Client agrees tor make disclosures required byl law. If Barr is required by! law orl legal process to makes such disclosures, Client agrees to hold Barr harmless and indemnify Barr from related claims and costs, including 3.1 Barr's digital files, including but not limited to models, executable data, source code, and all other digital files, remain the property of Barr and shall be provided tot the Client only ife expressly provided fori int this Agreement. Any digital files not containing a seal are provided for the convenience oft the Client only, and use by Client or others toy whom Client provides the digital filesi is at the Client's sole risk and withoutl liability to Barr. 3.2 Barr will retain all datar relating to the Services fora minimum of seven years andi financial datai fort three 3.3 Barr reports, notes, calculations, and other documents, and computer. software, programs, models, and data developed by Barr are instruments of Barr Services, and they remain! Barr property, subject to al license to Clienti for Client's use int the related project for thep purposes disclosed tol Barr. At Bar's request, Client will execute Barr's standard digital data and conditional use agreement prior tor receiving any digital data files. Further, Client may not use or transfer suchi information and documents to others for a purpose for which they were not prepared without Barr's written approval. Client agrees to indemnify and hold Barr harmless from claims, damages, and expenses, including reasonable attoreys'" fees, arising out of any unauthorized transfer or use. 3.4 Because electronic documents may be modified intentionally ori inadvertently, Client agrees that Barr will notl be liable for damages resulting from changei in an electronic document occurring after Barr's transmittal to Client. In case of any difference or ambiguity between an electronic and ap paper document, the paper document shall govern. When accepting document transfer in electronic format, Client accepts exclusive risk relating to long-term capability, usability, and readability of documents, software application packages, operating systems, and computer hardware. 3.5 Client does not pay for the Services ini full as agreed, Barr may! retain reports and work noty yet delivered to Client and Client agrees to return to Barr our reports and other worki in Client's possession or under Client's control. Client agrees not to use or rely upon Barr Services or work for any purpose untili iti is paid fori infull. expense. reasonable attorneys' fees. Section 3: Digital Files, and Work Product Reports undertakings. writing. years. If Page 1of2 Rev: 10/6/2024 BARR. Section 4: Compensation STANDARD TERMS-PROFESSIONAL SERVICES 5.5 IfClienti fails to pay Barr within 60 days following invoice date, Barr may consider the default ai total breach of this Agreement and, at Barr's option, Barr may terminate all of Barr's duties without liability to Client ort to others. 5.6 IfBarri isi involvedi in legal action to collect compensation, Client agrees to pay Barr's collection expenses, including 5.7 Thel lawo of1 thes state of Minnesota will govern all disputes. Barr and Client hereby agree tos submit to the exclusive jurisdiction of the State Courts sitting inl Hennepin County, Minnesota, for all claims relating to the contract of the services performed by Barr and waive any objections to suchl location based onj jurisdiction, venue ori inconvenient forum. Barr and Client waives trial byj jury. No employee acting within thes scope of employment will have any individual liability for his or her acts or omissions and Client agrees not tor make any claim against individual Section 6: Miscellaneous Provisions 6.1 Barr willp provide a certificate ofi insurance to Client upon request.. Any claim as an Additional Insured will bel limited tol losses caused by Barr's sole negligence. 6.2 This Agreement is Barr's entire agreement, andit it supersedes prior agreements. Only a writing signed by an authorized representative for Barra and Client making specific reference tot the provision modified may modifyit it. 6.3 Neither Barr nor Client will assign this Agreement without they written approval of the other. No other person has any rights under this Agreement. 6.4 Only a writing may, terminate this Agreement. Barr will receive an equitable adjustment of Barr's compensation as well as Barr's earned fees and expenses if Barr's work ist terminated prior to completion. 6.5 Barr will not discriminate against any employee or applicant for employment because of race, color, creed, ancestry, national origin, sex, religion, age, marital status, affectional preference, disability, status with regard to public assistance, membership ora activityi ina al local human-rights commission, or status as as specially disabled, Vietnam-era, or other eligible veteran. Barr will take affirmative action to ensure that applicants are considered, and employees are treated during their employment, withoutr regard to those factors. Barr actions willi include, but are notl limited to notifications, hiring, promotion or employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoffs or terminations, rates of pay and other forms of compensation, and selection for training or apprenticeship. 6.6 Neither Barr nor Client, including! Barr officers, employees, and agents, are agents of the other, except as agreed in writing. Except as agreed in writing, nothingi in this Agreement creates in either party any right or authority to incur any obligations on behalf of, or to bindi in any respect, the other party. Nothing contained herein will prevent either party from procuring orp providing the same or similar products ors services from or to anyt third person, provided that therei is no breach of any obligations pertaining to confidentiality. 4.1 Client willp payf for the Services as agreed ora according to the current fee schedules ift therei is no other written agreement as to price. An estimated cost isr not at firm figure unless stated as such and Client should allowi for a contingency in addition to estimated costs. 4.2 Client will pay eachi invoice within 30 days after receipt as to all undisputed amounts. Payments not made within 60 days ofi invoice date willl bear interest from the date that is 30 days after the date oft thei invoice at a rate equalt tot the lesser of 18 percent per annum ort the! highest rate allowed by! law. Client agrees to pay all Barr costs of collection, including reasonable attorney fees 4.3 IfClient directs Barr toi invoice another, Barr will do so, but Client agrees to be responsible for Barr compensation unless Client provides Barr with that person's written acceptance of thei terms of Barr's Agreement and Barr agrees to extend credit tot that person. 4.4 Client agrees to compensate Barri in accordance with Barr's fee schedule if Barri is asked or required to respond tol legal process arising out of ap proceeding to which Barr 4.5 IfBarri is delayed byf factors beyond Barr's control, or ifthe project conditions or the: scope of work change, ori ifthe standards change, Barr will receive an equitable adjustment of our compensation. 4.6 In consideration of Barr providingi insurance to cover claims made! by Client, Client hereby waives any right of offset as to payment otherwise due tol Barr. Section 5: Disputes, Damage, and Risk Allocation 5.1 Barr and Client will exercise good faith efforts to resolve disputes without litigation. Such efforts willi includea meeting attended by each party's representative empowered to resolve the dispute. Disputes (except collections) will be submitted tor mediation as a condition 5.2 Barr will not bel liable for special, incidental, consequential, or punitive damages, including! but not limited to those arising from delay, loss of use, loss of profits or revenue, loss of financing commitments orf fees, ort the cost of capital. Barr and Client waives against the other and its subcontractors, agents, and employees all rights to recover for losses covered by our respective propertylcasualtly or auto insurance policies. 5.3 Barr will not be liablet for damages unless Client has notified Barr of Client's claim within 30 days of the date of Client discovery ofi ita and unless Client! has given Barr an opportunity toi investigate and to recommend ways of mitigating damages, and unless suit is commenced within two years of the earlier of the date ofi injury or loss andt the date of completion of the Services. 5.4 For Client to obtain the benefit of at feev whichi includes a reasonable allowance for risks, Client agrees that Barr's aggregate liability, will not exceed the fee paid for Barr's Services, but notl less than $50,000, and Client agrees to indemnify Barri from alll liability to others in excess oft that amount. If Client is unwilling to accept this allocation of risk, Barr willi increase Barr's aggregate liability to $100,000 provided that, within 10 days oft the date oft this Agreement, Client provides payment in an amount that will increase Barr fees by 10%, but not less than $500, to compensate Barri fort the greater risk undertaken. This increased fee is not the purchase ofi insurance. reasonable attorneys' fees. employees. is not ap party. precedent tol litigation. End of Standard Terms Page 2of2 Rev: 10/6/2024 Town of Dolores Resolution No R629 SERIES 2024 WATER PLANT Al RESOLUTION AWARDING CONTRACT TO REPLACE THE ROOF ON' THE WHEREAS, the Town ofDolores (the "Town") has the authority to enter into contracts for WHEREAS, the Town Trustees find that an emergency exists with repairs needed to the water plant roof, in sO far as it has come to the Town's attention that the current roofis leaking on our WHEREAS, the water plant is a critical service for town citizens and is a matter ofimportance to the public it must bel housed in a safe and secure building with protection from the elements.; WHEREAS, CRS Section 29-1-111 provides that the Board of Trustees, in cases of emergency which could not have been reasonably foreseen at the time of adoption ofi its budget, authorize an expenditure of funds in excess ofthe appropriations madei in its adopted budget. WHEREAS, the risk ofi irreparable damage to the town's water services because oft the deterioration oft the roofconstitutes an emergency under CRS 29-1-111 requiring an any lawful municipal purpose pursuant to C.R.S. $3 31-15-101; and inside electrical system and that is unsafe and poses ai risk of serious injury, and, extraordinary expenditure for repair. WHEREAS, due to the ongoing emergency and threat to the public safety water supply the Town finds good cause to immediately employ a qualified and licensed contractor tol build a safe and secure system from the elements without soliciting bids in accordance with Town policy. WHEREAS the expenditure of additional costs beyond those authorized by resolution approved by the Board of Trustees on. May 28th, 2024, are necessary to complete the repairs. NOW, THEREFORE, BE: IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN Section 1. The Town Board ofTrustees hereby awards a contract to build a safe and secure structure to house the electrical system for thel ballfield lighting that needs repair and replacement in. Joe Rowell Park in the additional amount of$31,067.00 as set forth ini the bid Section 2. The Town Board ofTrustees appropriates and authorizes the expenditure ofs said funds set forth on Exhibit 1 and authorizes the Mayor and Manager to execute agreements such terms and conditions materially consistent with the award and bid requirements with the successful OF DOLORES, THAT: attached hereto as Exhibit 1. contractors. Section 3. The Town Board ofTrustees finds that said emergency expenditure could not have been reasonably foreseen when the 2024 budget was adopted and that said expenditure shall be Section 3. This resolution shall become effective immediately upon its adoption by the Board of paid from the Town's water fund. Trustees. Passed, adopted, and approved November 25th, 2024 THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Mayor Chris Holkestad Attest: Town Clerk Tammy Neely CRVZAN CONSTRVCTION CO. 24194 RoadLSuite 1A* Cortez, Colorado & 81321 Phone 970-565-93260 l'ax970-565-5382 November 18, 2024 Town of Dolores C/O David Doudy P.O. Box 630 Dolores, CO81323 RE: Water Treatment Building Roof Dear David, Thanky you for your recent request for a bid proposal from Cruzan Construction Co. The bid includes all labor, material, equipment and insurance fori the following. Framing for water damage truss repair Removal and disposal ofe existing roofing Installation ofi ice and water shield underlayment Five new: 3'x3' skylights with new raised curb framing 26-gauge R-LOCm metal roofing with all required flashing, trim and fasteners 26-gauge metal fascia Bid Total $31,067.00 Ilook forward to working with you int the near future. Please feel free to contact me with any questions or concerns you mayh have at 970-749-6112. Thanky you, Jay N. Cruzan Cruzan Construction Co. Town of Dolores Resolution No R630 Series 2024 COMPANY A RESOLUTION AWARDING CONSTRUCTION CONTRACTTO. AMERICAN RAMP WHEREAS, the use and enjoyment ofJoe Rowell Park is ai matter of critical importance to the WHEREAS, the Board ofTrustees has established the Parks Advisory Committee to advise the WHEREAS the town engaged the services ofLogan Simpson to create ai revised master plan for WHEREAS Logan Simpson working with the Parks Advisory Committee with public input has created the. Joe Rowell Park Master Plan which was adopted by the Board ofTrustees on WHEREAS the Joe Rowell Park Master plan contains a plan for the eventual design and WHEREAS community support for the construction ofa skatepark, bike park and pump track led to the formation ofthe Lost Canyon Bike and Skate Park Committee that has associated with Onward! A Legacy Foundation (hereinafter the "Committee") in order to fundraise and support WHEREAS the town has partnered with the Committee through ai memorandum of understanding approved by resolution by the Board ofTrustees on March 27, 2023; WHEREAS the Town awarded a contract for design oft the skatepark, bike park and pump track WHEREAS the Town has applied for a Great Outdoors Colorado (GOCO) grant to construct the WHEREAS the Town having solicited proposals for construction, finds that the. American Ramp Company's proposal for construction oft the skatepark, pump track and bike park has the best WHEREAS the American Ramp Company's proposed a contract for construction is attached NOW, THEREFORE, BE ITI RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN citizens of the Town ofDolores (the "Town"); Board on the Town's parks; Joe Rowell Park; November 14, 2022; construction ofa a skatepark, bike park and pump track; the construction oft these improvements; to the American Ramp Company; skatepark and has received preliminary approval oft the grant; value for the Town; hereto as Exhibit1. OF DOLORES, THAT: Section 1. The Town Board ofTrustees hereby awards the contract for construction oft the skatepark, pump track and bike as set forth ini the contract attached hereto as Exhibit 1, and, contingent upon final approval of the award oft the GOCO grant and consistent with its agreement, appropriates and authorizes the expenditure of funds up toi including $737,500.00, and authorizes the Mayor to execute an Agreement and the Town Clerk to attest the agreement Section 2. This resolution shall become effective immediately upon its adoption by the Board of with the. American Ramp Company. Trustees. Passed, adopted and approved November 25, 2024. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Mayor Chris Holkestad Attest: Town Clerk Tammy Neely R430 AMERICAN RAMP COMPANY SOURCEWELL BUILD AGREEMENT THIS AGREEMENT is dated the 18th day of November, 2024, by and between the Town of Dolores (hereinafter called "OWNER"), whose principal office is located at 601 Central Ave., Dolores, CO 81323, and American Ramp Company (hereinafter called CONTRACTOR), whose principal office is located at 601 S. McKinley Ave., Joplin, MO 64801. This contract is contingent upon OWNER being awarded the Great Outdoors Colorado (GOCO)grant. PROJECT NAME: LOCATION: Dolores, CO WITNESSETH: For value received, CONTRACTOR and OWNER agree as follows: ARTICLE1 1 DESCRIPTION OF WORK 1.1 The CONTRACTOR hereby covenants and agrees with the OWNER that he will well and faithfully construct the project in accordance with each and every one of the conditions, covenants, stipulations, terms and provisions contained in the specifications, drawings, and general conditions relating to the project, and will well and faithfully comply with and perform 1.2 CONSTRUCTION: CONTRACTOR agrees to all Exhibits referenced below, which are hereby each and every obligation imposed upon him by said documents. incorporated and deemed a part of this Agreement: Exhibit. A - Scope of Work Exhibit B - CONTRACTORS Sourcewell Contract #112420-ARC ARTICLE2 CONTRACT AMOUNT 2.1 OWNER agrees to pay CONTRACTOR the sum of SEVEN HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($737,500.00) plus any applicable taxes, subject to additions and deductions for changes as may be agreed upon in writing. 2.2 All portions of this contract will be billed in progress billings based on completed milestones as outlined below. All payments are due in full within 30 days of receipt of invoice from CONTRACTOR. 25% Upon Signing - Due January 31, 2025 25% Upon Mobilization 50% upon Completion/Sign-Off 2.3 Execution of any Attachments and/or Add Alternates will be bound by all terms and conditions of this Agreement. If any changes are determined necessary, CONTRACTOR will issue ac change request to the OWNER for approval prior to performing work. 2.4 "Completion of the Project" shall be deemed the earlier of 1.) the date OWNER executes CONTRACTORS punch-list/sign-off sheet or 2.) the date the OWNER opens the Project to the 2.5 All pricing of the elements is to be in line with CONTRACTOR'S Sourcewell Contract public for permanent use. #112420-ARC, attached hereto as Exhibit B. ARTICLE 3 INSURANCE AND INDEMNITY 3.1 CONTRACTOR shall maintain the minimum insurance and coverage throughout this term per the requirements outlined in CONTRACTORS Sourcewell Contract #112420-ARC, attached 3.2 CONTRACTOR agrees to indemnify and hold harmless OWNER from any and all claims, loss, or expense of every kind whatsoever which may arise from CONTRACTORS negligent acts or omissions or breach of its obligations hereunder. OWNER agrees to indemnify and hold harmless CONTRACTOR from any and all claims, loss, or expense of every kind whatsoever which may arise from OWNER's negligent acts or omissions or breach of its obligations hereunder. hereto as Exhibit B. ARTICLE4 CONTRACTOR AND OWNER RESPONSIBILITIES 4.1 No variation of this Agreement will be recognized unless such change has been approved 4.2 CONTRACTOR may assign or transfer this Agreement or any part thereof or amounts due ortob become due hereunder with the written consent of OWNER, which: shall not be unreasonably withheld. OWNER understands that CONTRACTOR may: subcontract thei installation portion of this Agreement using independent Subcontractors without the consent of OWNER. 4.3 CONTRACTOR will in no way be liable for delays in the completion of the Project which are reasonably beyond the control of CONTRACTOR, including but not limited to: Acts of God, labor strikes, shortage of materials, shipping delays or actions attributable to the OWNER. 4.4 After the final inspection and completion of the Project, all repair/eplacement issues regarding the Project and the materials shall be determined under the terms set forth in 4.5 Before, during and after construction, OWNER is responsible for securing the job site. OWNER is responsible for barricading the premises and warning persons of the dangers at the jobsite. Under no circumstances may the park be used until final completion of the project. CONTRACTOR will not be held liable for and OWNER shall hold CONTRACTOR harmless from any accidents that occur because features were used before the project was complete. 4.6 Both during construction and after completion, CONTRACTOR shall not be held liable for damages beyond its control including but not limited to: noise generated from the Project, before inw writing. CONTRACTORS standard warranty. and after final completion, not including construction related noise, location choice, graffiti, 4.7 Building permits and other local licenses that are required for the Project are the sole responsibility of the OWNER. If CONTRACTOR is required to purchase these licenses, such costs 4.8 All materials and workmanship are to conform to the contract drawings, details and injuries, additional expenses incurred by OWNER, zoning issues, etc. will be billed to the OWNER and added to the contract price hereunder. specifications. ARTICLE: 5 MISCELLANEOUS 5.1 The persons signing this Agreement warrant that they are duly authorized to sign on behalf of their respective parties and to bind their respective parties hereto. This Agreement shall inure to the benefit of and be binding upon the undersigned parties and their respective heirs, executors, legal representatives, successors and assigns. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of this Agreement is held to bei invalid or unenforceable, all other provisions shall nevertheless continue in fulli force and effect. 5.2 The parties shall endeavor to resolve their Claims by mediation. Request for mediation shall be filed, in writing, with the other party to the Contract. The request may be made concurrently with the submission of such Claim to a court of competent jurisdiction, as provided int the paragraph below, but, in such event, mediation shall proceed in advance of such legal proceedings, which shall be stayed pending mediation for a period of 60 days from the date of submission, unless stayed for a longer period by Agreement of the parties or court order. 5.3 Claims, disputes or other matters in question between the parties arising out of or relating tot this Contract and which cannot be resolved by mediation, as provided in above paragraph, shall be governed by Colorado law and shall be determined exclusively in the Courts of Montezuma County without regard toi its conflicts of law provisions. The prevailing party shall be entitled in any such action to recover its reasonable attorney's fees and legal expenses from the 5.4 This AGREEMENT constitutes the entire Agreement between the parties pertaining to its subject matter, and it supersedes all prior contemporaneous Agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement other party. shall be binding unless executed in writing by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become effective the day and year recorded below. Town of Dolores Owner Authorized Signature Name Print / Title Date American Ramp Company Contractor Authorized Signature John Hunter, CEO Name Print/1 Title Date EXHIBIT A Scope of Work TASK1 1.0- CONSTRUCTION PHASE 1.1 Customer Provides* Sufficient water and electrical power within 100 feet of work areas Unobstructed, safe, and continuous access to work area with heavy equipment and all- Any available site information such as topography, site surveying, Geotech, etc. All labor, construction project management, supplies, tools, materials, and equipment weather roads for heavy equipment 1.2 Includes*: required to build park per final design documents Earthmoving techniques Pour and finish asphalt Site taking and layout Installation of rebar Install and finish shotcrete Concrete flatwork Concrete ledges, steps, and turndown walls Expansion joints, saw cuts, and cold joints Pipe coping edgings/rails Skatepark sealing Fine grading Landscaping within asphalt pump track as specified in final design Manufacturing andi installation of steel framework/wooden riding surface features Cutting and shaping grades within skatepark footprint 1.3 Excludes*: Payment and performance bonds Sales taxes Permits, fees, and/or engineering and stamping Fencing of any kind Site testing and inspections Erosion and sediment control Stabilized construction entrance Landscaping, site and turf restoration post construction (unless specified in final design) Utility, mechanical, electrical, plumbing work, relocation or repairs of any kind Dewatering, silt fence, soil stabilization, erosion control, street deaning, and traffic Removal and/or replanting of any trees or shrubs or protection of trees/shrubs idewalks/walkways and site amenities of any kind Toxic or hazardous material handling or removal Construction documents and/or as-builts Any work not specifically indicated above control *Alli items above can be provided for an additional fee. AMERICAN RAMP COMPANY SOURCEWELL BUILD AGREEMENT THIS AGREEMENT is dated the 18th day of November, 2024, by and between the Town of Dolores (hereinafter called "OWNER"), whose principal office is located at 601 Central Ave., Dolores, CO 81323, and American Ramp Company (hereinafter called CONTRACTOR), whose principal office is located at 601 S. McKinley Ave., Joplin, MO 64801. This contract is contingent upon OWNER being awarded the Great Outdoors Colorado (GOCO) grant. PROJECT NAME: LOCATION: Dolores, CO WITNESSETH: For value received, CONTRACTOR and OWNER agree as follows: ARTICLE1 DESCRIPTION OF WORK 1.1 The CONTRACTOR hereby covenants and agrees with the OWNER that he will well and faithfully construct the project in accordance with each and every one of the conditions, covenants, stipulations, terms and provisions contained in the specifications, drawings, and general conditions relating to the project, and will well and faithfully comply with and perform 1.2 CONSTRUCTION: CONTRACTOR agrees to alll Exhibits referenced below, which arel hereby each and every obligation imposed upon him by said documents. incorporated and deemed a part of this Agreement: Exhibit A - Scope of Work Exhibit B - CONTRACTORS Sourcewell Contract #112420-ARC ARTICLE2 CONTRACT AMOUNT 2.1 OWNER agrees to pay CONTRACTOR the sum of SEVEN HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($737,500.00) plus any applicable taxes, subject to additions and deductions for changes as may be agreed upon in writing. 2.2 All portions of this contract will be billed in progress billings based on completed milestones as outlined below. All payments are due in full within 30 days of receipt of invoice from CONTRACTOR. 25% Upon Signing - Due January 31, 2025 25% Upon Mobilization 50% upon completion/ign-Ort 2.3 Execution of any Attachments and/or Add Alternates will be bound by all terms and conditions of this Agreement. Ifany changes are determined necessary, CONTRACTOR will issue achange request to the OWNER for approval prior to performing work. 2.4 "Completion of the Project" shall be deemed the earlier of 1.) the date OWNER executes CONTRACTOR'S punch-list/sign-off sheet or 2.) the date the OWNER opens the Project to the 2.5 All pricing of the elements is to be in line with CONTRACTORS Sourcewell Contract public for permanent use. #112420-ARC, attached hereto as Exhibit B. ARTICLE3 INSURANCE AND INDEMNITY 3.1 CONTRACTOR shall maintain the minimum insurance and coverage throughout this term per the requirements outlined in CONTRACTORS Sourcewell Contract #112420-ARC, attached 3.2 CONTRACTOR agrees to indemnify and hold harmless OWNER from any and all claims, loss, or expense of every kind whatsoever which may arise from CONTRACTORS negligent acts or omissions or breach of its obligations hereunder. OWNER agrees to indemnify and hold harmless CONTRACTOR from any and all claims, loss, or expense of every kind whatsoever which may arise from OWNER's negligent acts or omissions or breach of its obligations hereunder. hereto as Exhibit B. ARTICLE 4 CONTRACTOR AND OWNER RESPONSIBILITIES 4.1 No variation of this Agreement will be recognized unless such change has been approved 4.2 CONTRACTOR may assign or transfer this Agreement or any part thereof or amounts due or tol become due hereunder with the written consent of OWNER, which shall not be unreasonably withheld. OWNER understands that CONTRACTOR may subcontract thei installation portion of this Agreement using independent Subcontractors without the consent of OWNER. 4.3 CONTRACTOR will in no way be liable for delays in the completion of the Project which are reasonably beyond the control of CONTRACTOR, including but not limited to: Acts of God, labor strikes, shortage of materials, shipping delays or actions attributable to the OWNER. 4.4 After the final inspection and completion of the Project, all repair/eplacement issues regarding the Project and the materials shall be determined under the terms set forth in 4.5 Before, during and after construction, OWNER is responsible for securing the job site. OWNER is responsible for barricading the premises and warning persons of the dangers at the jobsite. Under no circumstances may the park be used until final completion of the project. CONTRACTOR will not be held liable for and OWNER shall hold CONTRACTOR harmless from any accidents that occur because features were used before the project was complete. 4.6 Both during construction and after completion, CONTRACTOR shall not be held liable for damages beyond its control including but not limited to: noise generated from the Project, before inv writing. CONTRACTORS standard warranty. and after final completion, not including construction related noise, location choice, graffiti, 4.7 Building permits and other local licenses that are required for the Project are the sole responsibility of the OWNER. If CONTRACTOR is required to purchase these licenses, such costs 4.8 All materials and workmanship are to conform to the contract drawings, details and injuries, additional expenses incurred by OWNER, zoning issues, etc. will be billed to the OWNER and added toi the contract price hereunder. spedifications. ARTICLE5 MISCELLANEOUS 5.1 The persons signing this Agreement warrant that they are duly authorized to sign on behalf of their respective parties and to bind their respective parties hereto. This Agreement shall inure to the benefit of and be binding upon the undersigned parties and their respective heirs, executors, legal representatives, successors and assigns. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of this Agreement is held to bei invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 5.2 The parties shall endeavor to resolve their Claims by mediation. Request for mediation shall be filed, in writing, with the other party to the Contract. The request may be made concurrently with the submission of such Claim to a court of competent jurisdiction, as provided int the paragraph below, but, in such event, mediation shall proceed in advance of such legal proceedings, which shall be stayed pending mediation for a period of 60 days from the date of submission, unless stayed for a longer period by Agreement of the parties or court order. 5.3 Claims, disputes or other matters in question between the parties arising out of or relating tot this Contract and which cannot be resolved by mediation, as provided in above paragraph, shall be governed by Colorado law and shall be determined exclusively in the Courts of Montezuma County without regard to its conflicts of law provisions. The prevailing party shall be entitled in any such action to recover its reasonable attorney's fees and legal expenses from the 5.4 This AGREEMENT constitutes the entire Agreement between the parties pertaining to its subject matter, and it supersedes all prior contemporaneous Agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement other party. shall be binding unless executed in writing by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become effective the day and year recorded below. Town of Dolores Owner Authorized Signature Name Print / Title Date American Ramp Company Contractor Authorized Signature John Hunter, CEO Name Print / Title Date EXHIBIT A Scope of Work TASK L0-CONSTRUCTION PHASE 1.1 Customer Provides* Sufficient water and electrical power within 100 feet of work areas Unobstructed, safe, and continuous access to work area with heavy equipment and all- Any available site information such as topography, site surveying, Geotech, etc. All labor, construction project management, supplies, tools, materials, and equipment weather roads for heavy equipment 1.2 Includes*: required to build park per final design documents Earthmoving techniques Pour and finish asphalt Site taking and layout Installation of rebar Install and finish shotcrete Concrete flatwork Concrete ledges, steps, and turndown walls Expansion joints, saw cuts, and cold joints Pipe coping edgings/rails Skatepark sealing Fine grading Landscaping within asphalt pump track as specified in final design Manufacturing and installation of steel framework/wooden riding surface features Cutting and shaping grades within skatepark footprint 1.3 Excludes*: Payment and performance bonds Sales taxes Permits, fees, and/or engineering and stamping Fencing of any kind Site testing and inspections Erosion and sediment control Stabilized construction entrance Landscaping, site and turf restoration post construction (unless specified in final design) Utility, mechanical, electrical, plumbing work, relocation or repairs of any kind Dewatering, silt fence, soil stabilization, erosion control, street cleaning, and traffic Removal and/or replanting of any trees or shrubs or protection of trees/shrubs Sidewalksywakways and site amenities of any kind Toxic or hazardous material handling or removal Construction documents and/or as-builts Any work not specifically indicated above control *All items above can be provided for an additional fee. Task 2.0 Deliverables: Fully constructed concrete skatepark, asphalt pump track, and bike park DocuSign Envelope ID: D3593EA5-8774-4407-8789-435564B71BFC EXHIBITI B 112420-ARC Sourcewel! E Solicitation Number: #112420 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and American Ramp Company, Inc., 601S. McKinley Avenue,Joplin, MO Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued aj public solicitation for Skatepark, Bike Park, and Pump Track: Solutions with Related Equipment, Accessories, and Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or: services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts 64801 (Vendor). Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires December 28, 2024, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by' Vendor. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated ini its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 1 DocuSign Envelope ID: D3593EA6-8774-407-3789-435564B71BFC 112420-ARC All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed tol by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity'ss site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor'swarranty will be passed on to the Participating Entity. sales and sales volume are not guaranteed. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to! Sourcewell a means to validate or authenticate Vendorsauthorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. Iti is the Vendo'sresponsibility to ensure Sourcewell receives the most current version oft this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to! Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Proposal. Rev. 10/2020 2 DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC 112420-ARC time after delivery where circumstances or conditions prevent effective inspection of the Vendor must arrange for and pay fori the return shipment on Equipment and Products that arrive Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment: and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALESTAX. Each Participating Entity ist responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate ifiti is at tax- :. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection ofE Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in al line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a! Sourcewell Price and Product Change Form as defined Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. Equipment and Products at the time of delivery. in a defective or inoperable condition. exempt entity. in Article 4 below. 4.P PRODUCT. AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: Identify the applicable Sourcewell contract number; Clearly specify the requested change; Provide sufficient detail toj justify the requested change; Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 3 DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC 112420-ARC restatement must include all Equipment, Products, and! Services offered, even for those Afully executed Sourcewell Price and Product Request Form will become an amendment items where pricing remains unchanged. tothis Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT. ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, orj joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible fori familiarizing its sales and service forces with Sourcewell contract use eligibilityr requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in ap professional manner while on the premises, and in accordance with Participating Entity roster during the term oft this Contract. policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, al Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to' Vendor. Ifa Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must bei issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendoro or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 4 DocuSign Envelope ID: D3593EA5-8774-407-87894355564B71BFC 112420-ARC Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be: solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and' Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use ofa Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. .S SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the' Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or inp part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the 3. Vendor commits any material breach of this Contract or the additional terms agreed to E.G GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. any Participating Entity. be made a party to a claim for breach of such agreement. at levels sufficient to pay for the goods to be purchased; Participating Entity's requirements; or between the Vendor and a Participating Entity. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell ift that person is changed. The Account Representative will be responsible for: Maintenance and management of this Contract; Timely response to all Sourcewell and Participating Entity inquiries; and Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 10/2020 5 DocuSign Envelope ID: D3593EA5-8774-40/-8789-435564B71BFC 112420-ARC B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. Al Report must be provided regardless of the number or amount of sales during that quarter (i.e., ift there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: Customer Name (e.g., City of Staples Highway Department); Customer Physical Street Address; Customer City; Customer State/Province; Customer Zip Code; Customer Contact Name; Customer Contact Email Address; Customer Contact Telephone Number; Item Purchased Description; Item Purchased Price; Sourcewell Assigned Entity/Participating Entity Number; Sourcewell Administrative Fee Applied; and Date Purchase was invoiced/sale was recognized. as revenue by' Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to! Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must bei included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted The Vendor will: submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewel-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. price to offset the Administrative Fee. Rev. 10/2020 6 DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC 112420-ARC Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contractto ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. Int the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named int the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end oft this Contract. This clause extends to Participating Entities as it relates to business B. - ASSIGNMENT. Neither the' Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C.A AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct oft their conducted by that Participating Entity under this Contract. until it has been fully executed by the parties. waive the provision or the right to enforce it. terms set out in Articles 1-22, thet terms of Articles 1-22 will govern. Rev.10/2020 7 DocuSign Envelope ID: D3593EA5-8774-407-87894355564B71BFC 112420-ARC respective businesses. This Contract does not create ap partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance oft this Contract by the Vendor ori its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect int the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, Ift the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond maintained, or disseminated by the Vendor under this Contract. to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During thet term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademarkis) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the 2. Limited Right of Sublicense. The right and license granted herein includes al limited right ofe each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party willl be responsible for any breach oft this Article by any of their respective Vendor. purpose of marketing Vendorsrelationship with Sourcewell. sublicensees. Rev.10/2020 8 DocuSign Envelope ID: 03593EA5-8774-4407-B789435564B71BFC 112420-ARC 3. Use; Quality Control. a. Sourcewell must not alter Vendor's' Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses ofits b. Vendor must not alter SourcewelsTrademans from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses C. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party'sTrademarks onlyi in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days oft the date of the written notice to cure the breach 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any. person on account of the use of any Equipment or Products by Sourcewell ori its Participating Entities supplied by' Vendor 5. Termination. Upon thet termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like! bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used untili the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually orj jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C.N MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator D.E ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, trademarks or logos. of its trademarks or logos. or the license will bei terminated. in violation of applicable patent or copyright laws. ofit according to Sourcewell's written directions. assigned to this Contract. Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out oft this Contract, or its breach, must be ini the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Rev. 10/2020 9 DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC 112420-ARC 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party/sreasonable control. A party defaulting under this provision must provide the other party prompt written notice oft the default. 16. SEVERABILITY Ifany provision oft this Contract is found to bei illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder oft this Contract is capable of performance, it will not be affected by such declaration ori finding and must bei fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During thet term of this Contract, the parties will monitor performance and 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. Ifr necessary, Sourcewell and the Vendor willj jointly develop a short briefing document that describes the 2. Escalation. If parties are unable to resolve the issue in ai timely, manner, as specified above, either Sourcewell or Vendor may escalate the resolution oft the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence ofa a dispute, the Vendor must continue without delay to carry out all ofi its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as ar result B. - DEFAULT. AND REMEDIES. Either oft the following constitutes cause to declare this Contract, address unresolved contract issues as follows: issue(s), relevant impact, and positions of both parties. of such failure to proceed will be borne by the Vendor. orany Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. Ar material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity: for cure, the non-defaulting party may: Rev. 10/2020 10 DocuSign Envelope ID: 112420-ARC Exercise any remedy provided by law or equity, or Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. Ati its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance oft this Contract with insurance company(ies) licensed or authorized to do business int the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than thei following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term oft this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit Rev.10/2020 11 DocuSign Envelope ID: D3593EA5-8774.407-8789-435564B71BFC 112420-ARC 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Profesional/Technic., Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000-annual aggregate 6. Network Security and Privacy Liability Insurance. During thei term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data - including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling B.CERTIFICATES OF INSURANCE. Prior1 to commencing under this Contract, Vendor must furnish to! Sourcewell a certificate ofi insurance, as evidence oft the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be: signed by ap person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates ofi insurance, in no way limits or relieves Vendor ofi its duties and responsibilities in C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as ana additional insured under the Vendor's commercial Sourcewell to immediately terminate this Contract for default. this Contract. Rev.10/2020 12 DocuSign Envelope ID: D3593EA6-8774-407-5789-435564B71BFC 112420-ARC general liability insurance policy with respect to liability arising out of activities, 'operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all itsi insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the' Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any otheri insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its E. UMBRELLA/EXCESS MABLTY/SELFINSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy ori in combination with umbrella/excess liability policylies), or self-insured retention. insurance or self-insurance in force for the additional insureds. subcontractors. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation oft the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is noti in bankruptcy ort that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor musti immediately notify Sourcewell in Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nori its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice writing. to Sourcewell if this certification changes at any time. Rev. 10/2020 13 DocuSign Envelope ID: D3593EA5-8774-407-B789-435564B71BFC 112420-ARC 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. S 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when al Participating Entity accesses Vendor's Equipment, UNITED STATES FEDERAL, AWARDS OR OTHER AWARDS Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. S 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. 560- 1.3 must include the equal opportunity clause provided under 41 C.F.R. $60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR: 12319, 12935, 3C.F.R. $, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order: 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. S 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 5 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities musti include a provision for compliance with the Davis-Bacon Act (40 U.S.C.S 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R.S5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. S 3145), as supplemented by Department of Labor regulations (29 C.F.R. $3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole ori in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed ini the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report herein by reference. Rev. 10/2020 14 DocuSign Envelope ID: D3593EA5-8774-4407-8789-435564B71BFC 112420-ARC all suspected or reported violations to the federal awarding agency. Vendor must bei in C. CONTRACT WORK HOURS AND: SAFETY STANDARDS ACT (40 U.S.C. S 3701-3708). Where applicable, all contracts awarded by the non-federal entityi in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. SS 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R.S $5). Under 40 U.S.C. S 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 401 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and al half times the basic rate of payf for all hours worked in excess of 40 hours ini the work week. The requirements of 40 U.S.C. $3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. $ 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. $4 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR. ACT (42 U.S.C. $ 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. $1 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. S 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. S 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as F. DEBARMENT AND: SUSPENSION (EXECUTIVE ORDERS 12549. AND 12689). A contract award (see 2 C.F.R. $ 180.220) must not be made to parties listed on the government wide exclusions ini the System for Award Management (SAM), in accordance with the OMB guidelines at: 2C.F.R. compliance with all applicable Davis- Bacon Act provisions. comply with applicable requirements as referenced above. referenced above. Rev. 10/2020 15 DocuSign Envelope ID: D3593EA5-8774-407-57894355564B71BFC 112420-ARC 5180 that implement Executive Orders 12549 (3C.F.R. S 1986 Comp., p. 189) and 12689 (3 C.F.R. S 1989 Comp., p. 235), "Debarment and Suspension.": SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal G. BYRD. ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. S 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization fori influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. S 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C.S H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 20 C.F.R. S 200.333. The Vendor further certifies that it will retain all records as required by 2C.F.R. S 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial department or agency. 1352). reports, as applicable, and all other pending matters are closed. ENERGY POLICY AND CONSERVATION. ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained int the state energy conservation plan issued in compliance with the Energy Policy J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all appliçable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling fori free and open K. ACCESS TO RECORDS (2 C.F.R. S 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to' Vendor's personnel for the purpose ofi interview and Conservation Act. competition. and discussion relating to such documents. Rev.10/2020 16 DocuSign Envelope ID: 112420-ARC L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. S 200.322). A non-federal entity that is as state agency or agency ofa a political subdivision of as state and its contractors must comply with Section 6002 oft the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. S2 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurementofrecovered materials dentified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation oft this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DocuSignedby: juremy Sdwarth By: -COFD2A139008489. Jeremy Schwartz Title: Director of Operations & Procurement/CPO Date: Approved: By: American Ramp Company, Inc. Docusignedby: heatlr Dylun By: EE609FC2EF45C.. Heather Ogden Title: Senior Project Manager 12/21/2020 I 6:39 AM CST 12/18/2020 I 12:21 PM PST Date: DocuSignedby: (lad Coauett 7E42B8F817A64CC. Chad Coauette Title: Executive Director/CEO 12/21/2020 I 7:45 AM CST Date: Rev. 10/2020 17 DocuSign Envelope ID: D3593EA6-8774-407-8789-435564B71BFC RFP 112420 - Skatepark, Bike Park, and Pump Track Solutions with Related Equipment, Accessories, and Services Vendor Details Company Name: Does your company conduct yes, please state: Address: Contact: Email: Phone: Fax: HST#: AMERICAN RAMP COMPANY INC 601 S. McKinley Avenue Joplin, MO 64801 Heather Ogden heatner@amencanrampcompany.com 417-206-6816 417-206-6816 35-2353308 business under any other name?lf Progressive Bikel Ramps Submission Details Created On: Submitted On: Submitted By: Email: Transaction: #: Submitter's IP Address: Tuesday November 17, 202016:21:59 Tuesday November 24, 202015:51:23 Heather Ogden neather@amencanrampcompary.com 89lecca745-487-0bcb*0epd/ened 69.92.90.122 Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: Specifications Table 1: Proposer Identity & Authorized Representatives the question does not apply toy you (preferably with an explanation). General instructions (applies to all Tables) Sourcewell prefers al brief but thorough response to each question. Please do not merely attach additional documents to yourr response without also providing as substantive response. Dor not leave answers blank; mark" "NA"if Line Question Item 1 Proposer Legal Name (and applicable d/bla, if any): 2 Proposer Address: 3 Proposer website address: 4 Proposer's Authorized Representative (name, title, address, email address & phone) neatlher@amenicanrampcompany.com (The representative must have (417):206-6816 authority to sign the Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Heather Ogden proposal (name, title, address, Senior Project Manager email address & phone): 6 Proposer's other contacts for this Jonathon Hunter proposal, if any (name, title, Response American Ramp Company, Inc. 601 S. McKinley Avenue Joplin, MO 64801 waneramarpeomperyean Heather Ogden Senior Project Manager heather@americanrapcompany.com (417) 206-6816 Vice President (417) 206-6816 address, email address & phone): cremgcmpayen Table 2: Company Information and Financial Strength Line Item Question Response" Bid Number: RFP112420 Vendor Name: AMERIÇAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774.4407-8789-435564B71BFC Provide a brief history of your company, including your company's core values, American Ramp Company is the premier global action sports development company. Serving municipalities, camps, and private individuals throughout the world with American Ramp Company is the result of one skateboarder's dream to do what he loved. The son of missionaries growing up in a remote part of Southeast Asia, ARC founder and president, Nathan Bemo was always looking for a place to skateboard, and if he could not find a place, he made a place. Starting American Ramp Company out of his garage 23 years ago, iti is Nathans passion for skateboard and action sports that has positioned ARC as a worid class designer and builder of action sports façilities. To this day, Nathan is very active in our design department simply because he loves designing obstacles and park layouts that skaters and bikers want to ride. ARC is the only action sports contractor in the world that offers every skate and bike park build method. This puts ARC in a unique position to approach our customers as experts with solutions and not as a salesperson that only has one agenda to push. Our belief is that every community has users who are drawn to individual focused action sports over team sports. It is our mission to be a resource to any community who makes a commitment to invest in safe and fun For more than 20 years, we have built and maintained constant focus on enriching the life of all end users of our parks by providing high end parks that entire families can enjoy together. We employ the most talented and qualified individuals in the business who are each dedicated to producing the absolute best product for our customers. At American Ramp Company we are a family. We believe that communities need challenging and safe places to gather and recreate. Our passion is focused on action sports as designers, builders and participants. Getting people outside and active on a consistent basis changes lives, and changing lives helps to change the world. goal has always been to develop relationships with new and existing Sourcewell customers. We will continue to utilize Sourcewell as our primary procurement vehicle. We will continue to encourage non-members to join Sourcewell and purchase direct utlizing the Sourcewell contract if awarded. We have a dedicated manager to oversee our Sourcewell contract who has familiarized themselves with every aspect of the Sourcewell contract and is available to assist our sales team in the event that our customers have any questions regarding purchasing direct using Sourcewell. ARC is very comfortable with Sourcewell and are confident that it is the best option to Please review the attached confidential financial statements demonstrating our strength and stability. Also attached you will find a letter of credit from our financial business philosophy, and industry longevity turnkey design, manufacturing and construction services. At American Ramp related to the requested equipment, products Company we strive to provide excellent customer service, quality equipment and or services. products to our valued customers. infrastructure for skaters and bikers. 8 What are your company's expectations in the American Ramp Company has held a Sourcewell contract for several years and our event of an award? serve our customers. 9 Demonstrate your financial strength and stability with meaningful data. This could of credit, and detailed reference letters. in the document upload section of your 10 What is your US market share for the solutions that you are proposing? include such items as financial statements, institution, a letter from our bonding agent regarding our bonding capacity, as well as Upload supporting documents (as applicable) Note: The financial statements submitted are intended only for the submittal of this SEC filings, credit and bond ratings, letters a variety of reference letters from some of our customers. bid and is confidential material that is NOT for public viewing Because we offer a variety of products and solutions across the Action Sports landscape our market share varies within each segment. For skatepark design and construction we would consider ourselves to hold the largest share of the market for all of the various construction methods and that share would make up roughly 15% of When it comes to Pumptrack we hold over 50% of the market for hard surface Pumptrack and over 75% oft the modular pumptrack market. This 75% market share 50% of the market. We also have over 50% of the modular pumptrack market and around 25% of the built-on site hard surface pumptrack market share. response. the entire US skatepark market. also extends to manufactured bike park equipment. 11 What is your Canadian market share for the Our Canadian market share for manufactured skatepark equipment equals well over solutions that you are proposing? 12 Has your business ever petitioned for bankruptcy protection? If so, explain in detail. No Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC 13 How is your organization best described: is it American Ramp Company would be best described as a manufacturer and service a manufacturer, a disinbpuloncealerfeseler, or provider. ARC employs a captive sales force with fourteen factory direct sales people question (either a) or b) just below) best Sports Sales Specialists cover the entire US and Canada collectively by normally a) If your company is best described as a department of business development specialists who spend 100% of their time distibutonldealerresaller (or similar entity), developing new relationships by researching projects and calling potential customers a service provider? Answer whichever applies to your organization. whose sole focus is toward the sale of ARC products and services. Our Action spending 50% of their time meeting customers face to face. ARC also has a provide your written authorization to act as a and qualifying them for our sales force. distibutoniéealefeseler, for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) Ify your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? held, by your organization (including third 15 Provide all "Suspension or Debarment" information that has applied to your organization during the past ten years. 14 If applicable, provide a detailed explanation American Ramp Company maintains all necessary certifications required to do outlining the licenses and certifications that business in all 50 states in the U.S. as well as Canada. ARC holds several are both required to be held, and actually contractor's licenses throughout the US as required and ensures that all parties and subcontractors that you use) in and state laws regarding their registrations or licenses. American Ramp Company is pursuit of the business contemplated by this also an approved vendor and holds local business' licenses in many cities in US subcontractors involved on our projects have proper licensing and comply with local RFP. and Canada as required as well. Not Applicable Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-407-3789-435564B71BFC Table 3: Industry Recognition & Marketplace Success Line Question Item Response' 16 Describe any relevant industry awards or *Griffin Bike Park, Terre Haute, IN- 2017 NRPA National Facility or Park Design recognition that your company has received Award in the past five years *Festival Fields Park, Avondale, AZ- 2020 APRA Outstanding Facility of the Year "Lake Cunningham Bike Park, San Jose, CA - 2018 American Public Works "Sedona Bike Skills Park, Sedona, AZ - 2019 APRA Outstanding Facility for *Mansel Carter Oasis Park, Queen Creek, AZ - 2019 APRA Outstanding Facility for *Ronald Reagan Sports Park, Temecula, CA - 2020 APWA/IE Small Project of the *Featured in Several Parks and Recreation Magazines as well as industry related business is with the federal government and about 10% private for Population 10,001-100,000 Award Association Project of the Year Populations under 10,000 Award Populations 10,001-100,000 Award Year Award magazines 17 What percentage of your sales are to the 85% of sales are with government entities generally including state county and governmental sector in the past three years municipal agencies as well as a variety of parks commissions. Roughly 5% of our 18 What percentage of your sales are to the 12. Historically less than 1% of our sales are in the public education sector. education sector in the past three years With the increase in school sponsored cycling teams we are beginning to see a demand emerge for bike focused infrastructure on school properly. In mid-2020 we kicked off a campaign to develop sales channels for schools with our bike focused products. Buy Board - Contract No. 592-19 2019: $0.00 2018: $70,110.18 2017: $0.00 PA Costars Contract No. 014-002 Sales: 2020 through 10/31/2020: $0.00 2019: $0.00 2018: $0.00 2017: $0.00 Sales: 2020 through 10/31/2020: $0.00 2019: $0.00 2018: $0.00 2017: $194,044.06 Sourcewell Contract No. 030117-ARC Sales: 2020 through 10/31/2020: $1,591,033.15 2019: $870,472.71 2018: $ 2,550,829.90 2017: $1,634,285.65 CMAS Contract No. 4-19-78-0034B No project performed under CMAS Contract at time of bid 19 List any state, provincial, or cooperative purchasing contracts that you hold. What is Sales: contracts over the past three years? the annual sales volume for each of these 2020 through 10/31/2020: $110,882.39 State of New Jersey Purchasing Contract - Contract No. 16-FLEET-00129 20 List any GSA contracts or Standing Offers GSA Contract No. GS-03F-064GA and Supply. Arrangements (SOSA) that you 2020 through 10/31/2020: $0.00 hold. What is the annual sales volume for 2019: $147,000.00 each of these contracts over the past three 2018: $127,400.00 years? 2017: $0.00 Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: Table 4: References/Tes/estimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name City of Norman Parks and Recreation Department City of Salina Parks and Recreation Department City of Newtown Parks and Recreation Department NYC Parks City of Fort Atkinson Parks and Recreation Department Contact Name" James Briggs, Park Planner II Chris Cotten, Director Amy Mangold, Director Martin Maher, Brooklyn Commissioner Scott Lastusky, Former Director Phone Number" 405-366-5480 309-212-4796 203-270-4342 718-965-8920 920-988-9007 Table 5: Top Five Government or Education Customers Line Item 22. Provide al list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type" Statel Scope of Work" Trails and PBR Equipment "Skatepark Design *Custom onsite construction of concrete/shotcrete skatepark that included a custom hyprid half pipe. *Custom Rockwork and Paved trails around Blake Baldwin Skatepark "Custom Sign for Blake Baldwin Skatepark Track Design *Custom Asphalt Pump Track 2020: $16,500.00 Construction "Manufacture and Installation of PBR Features in Bike Park *Trail Construction CD's "Asphalt Pump Track Construction 2020: $490,000.00 *Design, Manufacturing and Installation of three Pro Series Skateparks * Stamped Construction Documents and Installation Bike Park of custom concretelskatepark located under 1-5 Freeway Size of Transactions" Dollar Volume Past Three Province* Years" $1,226,352.70 City of Norman Govemment Oklahoma- OK "Bike Park Design 2018: $237,232.70 2020: $ 3,500.00 "Custom Built Bike Park with 2019: $ 985,620.00 City of Rogers Govemment Arkansas- AR "Bike Park and Asphalt Pump 2020: $626,000.00 $ 727,500.00 2020: $85,000.00 City of Las Govemment Nevada- NV *Asphalt Pump Track Design and 2019: $18,200.00 $ 709,988.00 Vegas 2020: $201,788.00 City of Reno Govemment Nevada- NV :Design and CD's of Skatepark 2017: $5,000.00 $522,119.64 2017: $15,000.00 2017: $ 219,344.53 2018: $266,153.23 "Pre-cast Skatepark Manufacture 2017: $4,900.00 "Manufacture of PBR Features for 2019: $11,721.88 Miami Parking Non-Profit Authority Florida-F FL *Design, CD's and Construction 2019: $ 1,100,000.00 $1,100,000.00 Table 6: Ability to Sell and Deliver Service Describe your company's capability tor meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detaila atl least thei following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved ine each sector, whether these workers are your direct employees (or employees of a third party), Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC and any overlap between the sales and service functions. Line Question Item 23 Sales force. Response American Ramp Company can assist our customers through every level of park development all within our own in-house team members. ARC employs a captive sales team which is structured to operate within designated regions. Currently, we have the following in house sales staff members: Two In-house Sales Representatives for East Coast Two In-house Sales Representatives for Central Region Three In-house Sales Representatives for West Coast Three In-house Sales Representatives for Canada Three In-house Sales Representatives for International One In-house Sales Representative for Maintenance Products Two In-house Business Development Team Members At the sales level our team is actively working with over 3,000 individual clients who are at different stages of project development. We normally attend every state's park and recreation conference and tradeshow to make ourselves available to our current customers and to develop new relationships. This past year that has proven difficult, so we have attended the ones we are able to attend and have had hundreds of meetings with our clients virtually. On a normal basis our sales team spend approximately 50% of their time on the road meeting with our clients to advance the interest in our services and products. Our dealers will ask that we assist them in providing action sports solutions to their customers since those recreation segments are outside of their depth. Most of these dealer relationships are with Play Power dealers and reps which make the Sourcewell conversation very clean since they too cary a Sourcewell contract. Sales through these dealer relationships represent less than 5% of our total sales as most of our projects are worked factory direct through Customer service and warranty service is all handled completely in our office by our customer support and installation staff. The parks and recreation market is a very connected one so we understand the importance of customer experience and want to control every aspect of that directly. We have more than 30 trained equipment installers, onsite construction crew members and maintenance staff to be able to deliver the highest quality parks to any customer. Our dedicated maintenance staff has the ability to handle warranty claims and provide ongoing maintenance options to our customers on a very quick turnaround because it is all handled directly from our While we are working on a project, we assign a Project Manager that is directly responsible for continuing communication on a regular basis with the customer. We strive to make sure that we are providing them with whatever they need to continue success while moving to completion of their project. We have recently implemented the reports, photographs, weather reports, schedule and many other items to ensure they are constantly informed of what is happening on their project. Once a project is completed we take a proactive approach to the customer and project installation by contacting them at least twice a year. to check in and make sure that everything is going well and that they are happy with the work that we did. This approach serves two purposes, customer satisfaction, but also helps ARC maintain relationships for about 10 years. Throughout that time, we have served clients in 35 states with sales over Ten million since our contract was originally awarded. We have made it our goal to double that figure over the next contract life and reach more than Twenty Million in the next four years. ARC believes that Sourcewell purchasing vehicle for the customers we serve which is why we actively promote our Sourcewell with all new and existing customers and display that we hold a current Sourcewell contract at all of tradeshows been making towards the use of the contract in the Canadian market. We have an willing to help the contract propagate in Canada and educate all of the customers and contacts that we have on the value of using the Sourcewell contract. progress of their projects. 24 Dealer network or other distribution methods. We have non-exclusive relationships with many dealers who have customers that. are our captive sales force. 25 Service force. corporate headquarters. 26 Describe in detail the process and procedure of your customer service program, if applicable. Include your response-time capabilities and help your providers meet your stated service goals or promises. commitments, as well as any incentives that use of Buildertrend Software that allows us to give the customer access to daily future work with our clients. 27 Describe your ability and willingness to American Ramp Company has been actively utilizing a Sourcewell contract for more provide your products and services to Sourcewell participating entities in the United States. we attend in the United States and Canada. 28 Describe your ability and willingness to Our Canadian sales team has been excited about the headway that Sourcewell has Sourcewell participating entities in Canada. office in Ontario with Canadian sales and installation team members. Our team is 29 Identify any geographic areas of the United There are no areas in the United States or Canada that American Ramp Company States or Canada that you will NOT be fully will not fully be able to serve through our Sourcewell contract. provide your products and services to serving through the proposed contract. Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: 30 Identify any Sourcewell participating entity N/A We will fully service Sourcewell members in every sector. sectors (.e., govemment, education, not-for- profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? restrictions that would apply to our and in US Territories. 31 Define any specific contract requirements or There would be no restrictions. We have served customers in Hawai, Alaska and US participating entities in Hawaii and Alaska regions, military bases, International municipalities, and dealers located anywhere in the Territories throughout our history. We also serve Canadian customers located in remote world. Shipping terms and costs may. vary based on locations. We will provide a quote for freight and delivery time at the time of estimate to the customer. Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC Table 7: Marketing Plan Line Question Item Response" 32 Describe your marketing strategy for Every project quote that we send out will have verbiage encouraging that the purchase is promoting this contract opportunity. made through the Sourcewell contract. We will have information and links on our customer Upload representative samples of your facing digital marketing materials like our website as well as include that we hold a marketing materials (if applicable) in Sourcewell contract on industry publications. Often, we do continuing education sessions the document upload section of your and lunch and learns where we include information about procurement and specifically how 33 Describe your use of technology and American Ramp Company uses technology and digital data to enhance marketing response. using Sourcewell is the most efficient method for project procurement. We have attached some examples of marketing material as well as tradeshow handouts and catalogs that show that we carry a Sourcewell contract. effectiveness in the following ways: digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. Website: method. Social Media: Our dedicated marketing team works to ensure that our website remains up to date and relevant to customer needs. We analyze what the customers in our industry are searching for and use data and metadata to steer our messaging both in content and delivery American Ramp. Company is currently on Facebook, Instagram and You Tube. Our goal on these platforms is to provide our customers with information on our current parks that will add value in seeing where we are building and what our finished products look like. Social media is also a fun and interesting way to share with others the joy that the end users are being provided because of the different products and services we bring to communities. American Ramp Company frequently sends out E-blasts to all surrounding customers when we have a new park opening, are attending a local tradeshow, introducing a new product, and many other reasons. We feel that E-blasts are a successful email marketing tool that can raise awareness of our business and products to keep us on the minds of existing E-Blast: and potential customers. 34 In your view, what is Sourcewell's role We anticipate that Sourcewell will continue to play a strong role in ensuring their members in promoting contracts arising out of are aware of American Ramp Company's awarded contract and will navigate members to this RFP? How will you integrate a our Sourcewell Awarded Vendor page which will provide them all of the details on our Sourewellawarded contract into your contract award and contact information. sales process? Sourcewell has already played a very active role in promoting our previous contracts by assisting our sales division on conference calls to help explain the many benefits and ease of contracting through Sourcewell. They have been very active in helping our sales force answer any questions that our customers who haven't become members of Sourcewell that they may have which makes it much more successful in getting them to become new We have already integrated Sourcewell into our sales process by developing a marketing strategy that promotes our contract among members. We will continue to encourage Sourcewell members and nonmembers the advantages of purchasing through Sourcewell in American Ramp Company does not offer online sales through our website because of the ordering services. We work with our customers and their communities to develop designs and then supply them with the best possible end product based on the feedback from the However, we work with our customers in any way needed to make the procurement process meet their needs. We offer procurement through many various forms including Because we work with many govemment entities, all these forms of procurement are very There is no additional cost to Sourcewell members for using this process. Sourcewell members. an effort to save them valuable time and money. 35 Are your products or services e-procurement system and how govemmental and educational customers have used it. available through an e-procurement nature of the products and services we provide. Most of our products and services require ordering process? If so, describe your initial legwork including design which would not be effectively performed through online customer and their end users. purchase orders, credit cards and P-Cards. common to us. Table 8: Value-Added Attributes Line Question Item Response" Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC 36 Describe any product, equipment, At the time of project installation, we offer an opportunity for our customer to have staff maintenance, or operator training trained on equipment maintenance by our installation crew lead. This is a service that we programs that you offer to Sourcewell participating entities. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. 37 Describe any technological advances that your proposed products or services offer. provide at no extra cost to the customer. Our design and engineering team work to stay of the cutting edge of the action sports industry when it comes to the development of new products and facilities. We also look for ways to integrate technology and multimedia into the park experience. For example, we have developed the ability for a facility user to access a "How to use this equipment" video while at the park by scanning a QR code on interpretive signage. invested considerable time and resources identifying aspects of our business that we can alter in order to maximize our customer satisfaction while minimizing our environmental impact. American Ramp Company. has always looked for ways to decrease our carbon footprint. We hold firm to the belief that focusing on building the highest quality, longest lasting skateparks will insure minimum environmental impact. By building skateparks right the first time we guarantee resources are not needlessly being used to replace or repair. Our industry did not have baseline environmental standards and for that reason we took the lead to develop initiatives and with one other skatepark company founded Green Skate. As one of the founding members of Green Skate we have adopted a policy to evaluate environmental impact of every decision we make. Green Skate is an initiative set forth to create baseline standards for sustainability in the production of skateparks. Below are a few Use recycled and recyclable productions - Utilize resources that are recyclable and/or Practice Lean Manufacturing - Identify any areas of waste and excess. Maximize efficiency and accuracy of work force, energy and materials. Manufacture equipment when ordered so energy and materials are not being wasted on inventory storage. Seek Environmentally Sensitive Partners and Suppliers - Team up with vendors and business partners that are taking their own steps to protect our environment and natural resources. We seek out vendors and suppliers that are operationally proximal to avoid Employee Culture - Encourage employees to constantly evaluate their work processes and identify areas that can be improved to increase efficiency and environmental ARC also employs LEED Accredited individuals that help keep focus on environmental 38 Describe any "green" initiatives At American Ramp Company we take pride in our commitment to providing the highest that relate to your company or to quality projects possible. As a leader in the action sports industry we reçognize that iti is our your products or services, and responsibility to set an example as an environmentally conscientious company. We have include al list of the certifying agency for each. of the critical objectives of Green Skate. Green Skate Initiatives composed of recycled materials trucking raw materials over a long distance. sustainability. sustainability within the company. 39 Identify any third-party issued eco- While American Ramp Company does not hold any third-party issued eco-labels, ratings or labels, ratings or certifications that certifications, all of the steel used in our products are recycled steel. We also utilize recycled your company has received for the concrete when possible as base and fill material in our onsite parks and work with various equipment or products included in suppliers of surfacing that utilizes recycled material. American Ramp Company has also your Proposal related to energy recently used Basalt rebar in place of traditional steel rebar on a project that we completed efficiency or conservation, life-cycle this past year and are looking into utilizing this product more in the future. 40 Describe any Women or Minority American Ramp Company is identified as a Small Business Entity (SBE) and does currently Business Entity (WMBE), Small hold a State of Missouri Minority Owned Business Enterprise certificate. owned business certifications that Please see a copy of this certificate attached to this response. design (cradle-to-crade), or other green/sustainablity factors. Business Entity (SBE), or veteran your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC 41 What unique attributes does your American Ramp Company offers turn-key solutions toi its customers. Being the only true one company, your products, or your stop shop for the Action Sports segment of the recreation industry, we are able to serve our participating entities? What makes development including fundraising, community awareness, and project development. Any time your proposed solutions unique in a customer contacts our office during normal business hours someone will answer the phone. Sourcewell participating entities? asking the proper questions to ensure that they are transferred to the appropriate person to services offer to Sourcewell your industry as it applies to customers at every level of any project. This assistance spans all areas of project Every staff member that answers our phones during the course of the day are trained on help with whatever they need. This we feel is an added value to our customer service because they get to speak to a live person at the time of their initial call. Because we have had a Sourcewell contract for over 10 years our staff is uniquely prepared to help Sourcewell members, and customers interested in becoming members, navigate the procurement process using the contract. Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Question Item labor? Response' 42 Do your warranties cover all products, parts, and Yes, our warranty typically covers all materials and labor. 43 Do your. warranties impose usage restrictions or Repairs required due to neglect, abuse, accident, vandalism, use of products other limitations that adversely affect coverage? other than the intended purpose and acts of nature or God are not warrantied. The warranty does not cover any modifications, additions, or changes to the equipment unless approved in writing by American Ramp Because we have multiple crews that are mobilized throughout the US and crews are already in the region, we do not charge our customer for any Company. 44 Do your warranties cover the expense of technicians' travel time and mileage to perform Canada, we can very quickly respond to any warranty issues. Since these 45 Are there any geographic regions of the United American Ramp Company covers all regions and have crews that can States or Canada (as applicable). for which you perform warranty work anywhere in the United States and Canada. warranty repairs? travel related expenses. cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for or are these warranties issues typically passed on to the original equipment manufacturer? 47 What are your proposed exchange and retum programs and policies? included in your proposal. warranty repair? 46 Will you cover warranty service for items made by Our warranty extends as applicable to any product or service that is listed other manufacturers that are part of your proposal, under our contract, including any product that we would offer by others. An exchange program is not offered, if something is wrong or a customer is unsatisfied with a product our warranty covers that item and we will replace it at no cost to the customer. There is a 30% restocking fee if the customer wants to retum a park. All of the shipping and logistics are handled through as maintenance free as possible. However, we do have an annual maintenance inspection program available to our customers. With the annual maintenance inspection program, we will send out on of our trained supervisors to do a thorough walk through their park and identify any necessary items that should be addressed. If the park is within our warranty timeline, most of these items can be addressed immediately. If work outside of warranty is needed, we can then take all the photo documentation and reports back to our office where our service department will write up a detailed report and provide a quote to make necessary repairs. our office and often carried by our crews. 48 Describe any. service contract options for the items Our products have an industry leading warranty and are manufactured to be Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC Table 10: Payment Terms and Financing Options 49 What are your payment terms (e.g., net 10, net 30)? Line Question Item Response" We have a wide variety of payment terms depending on the product Because the majority of our projects are very large in nature our terms are 50% at the time of order and 50% upon shipping of the equipment. Most of these projects we work with Net 30 terms. American Ramp Company also performs large inground concrete skateparks and asphalt pump track and generally invoice those using progress billing that we submit to the customer at different project milestones much like most construction projects. American Ramp Company will talk through payment terms with our customers and determine which payment structure works best for current Sourcewell financing contract holder and is an industry expert in municipal financing solutions. NCL will offer leasing terms from 12- 120 months on transactions from $5,000.00 and up. Traditional leasing and financing programs will be offered along with programs specifically designed for schools and govermental entities including tax-exempt municipal leases and a purchase order only program. There is no ownership, common ownership, or control between ARC Sourcewell members will issue purchase orders directly to American Ramp Company with the Sourcewell contract number included on the in their sales tracking system, which is used to create, manage and Our overall order process provides multiple check points so that nothing is missed in the process of our customers placing an order. Each customer works directly with a sales professional from their region. Once they work through what type of equipment, park or services they would like to procure a contract or purchase order and order form are completed. Once that is done so it is entered into our online system with all of the information for each order which then automatically generates an internal email to all department managers. The accounting department immediately enters the job into our online accounting system and the file is sent to our Yes, we will work with our customers in any way needed to make cost to Sourcewell members for using a P-Card. and/or service we are providing. them and their project. 50 Do you provide leasing or financing options, especially ARC has partnered with National Cooperative Leasing (NCL) to offer those options that schools and govemmental entities may Sourcewell members a complete suite of finance solutions. NCL is a need to use in order to make certain acquisitions? and NCL. 51 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly For example, indicate whether your dealer network is some other entity) will process the Sourcewell participating sales to Sourcewell as described in the Contract template. PO. American Ramp will then entire the sales as a Sourcewell sale included in your response and whether each dealer (or report quarterly to Sourcewell. entities' purchase orders. manufacturing department. 52 Do you accept the P-card procurement and payment participating entities for using this process? process? If so, is there any additional cost to Sourcewell the procurement process meet their needs. There is no additional Bid Number: RFP112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC Table 11: Pricing and Delivery Provide detailed pricingi information int the questions thati follow below. Keep inr mind that reasonable price and product adjustments can be made during the term ofa an awarded Contract as desribed int the RFP, thet template Contract, and the Sourcewell Price and Product Change Request Form. Line Question Item Response* 53 Describe your pricing model (e.g., line-item discounts or Each individual component will be listed using line item pricing. All product-category discounts). Provide detailed pricing data pricing that is being extended to Sourcewell members is factory Sourcewell to consider as part of your RFP response. If would typically be applied and added to the price by a 3rd party applicable, provide a SKU for each item in your proposal. supplier. in addition to the factory direct pricing ARC will be offering Upload your pricing materials (if applicable) in the document an additional 7% discount off the factory direct pricing, giving (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want upload section of your response. direct pricing, which means no middleman mark up. This factory direct relationship automatically saves the 20-30% commissions that Sourcewell members access to pricing lower than any other pricing in market, published or unpublished. Individual Sku's are listed for manufactured components on the attached price list. Onsite construction price line items do not contain sku numbers. Most of our customer interaction is factory direct, and this will be the marked up MSRP when working through a third-party rep. agency. That factory direct pricing is then discounted an additional 7% to Sourcewell members giving Sourcewell members the best possible There are no quantity or volume discounts or rebate programs at the Our objective in this RFP response is to provide a turn-key solution pump track project under this contract. Items such as sound For any components that are not specifically called out in this price list we will provide a quote for the requested service as new needs arise. Because the components to build a skatepark, bike park or pump track vary drastically, it would be virtually impossible to include every non-standard component in our price list. Our price list is meant to be interpreted as "Standard" components meaning that a certain feature may have differing dimensions with a different price. would be installation costs on projects located within prevailing wage states. In states with prevailing wage laws we do not use the 54 Quantify the pricing discount represented by the pricing or list, state the percentage or percentage range. 55 Describe any quantity or volume discounts or rebate 56 Propose a method of facilitating "sourced" products or items or "nonstandard options". For example, you may or you may supply a quote for each such request. proposal in this response. For example, if the pricing in same in the case of a Sourcewell sale. This means that our list your response represents a percentage discount from MSRP price is manufacturer direct pricing and does not have the 30% price for our products and services. time of this offering. pricing. programs that you offer. related services, which may be referred to as "open market" by including all conceivable aspects of a skatepark, bike park or supply such items "at cost" or "at cost plus a percentage," dampening material, installation, etc. will have percentage cost 57 Identify any element of the total cost of acquisition that is Our response covers all components typically associated with our NOT included in the pricing submitted with your response. projects. The only cost that is not clearly defined in our proposal shipping charges. For example, list costs for items like pre- percentage cost pricing method, but rather quote the installation out delivery inspection, installation, set up, mandatory training, or based on the applicable rate schedule that would apply but only for initial inspection. Identify any parties that impose such costs the installation amount the product price is fixed by the contract. 58 Iff freight, delivery, or shipping is an additional cost to the Once the final design is complete and all components are This includes all additional charges associated with a purchase that are not directly identified as freight or and their relationship to the Proposer. Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. programs available for Alaska, Hawaii, Canada, or any determined for each project, our shipping department gets multiple competitive rates from our shipping partners. Because we are based in the center of the US and ship a lot of freight, we are able to provide very cost-effective shipping solutions. the products sent by boat. Shipping to most regions of Canada are the same procedure as when we ship within the US. None of these logistics are the responsibility of the customer and are handled directly by our shipping department. These types of shipments are common practice for us as we do a lot of international business. components in nearly 40 countries and every environment, so unique to us is a relative term. To date we have been able to comply with customer requests in any situation that we have encountered and intend to continue that trend. We don't offer any specifically unique 59 Specifically describe freight, shipping, and delivery terms or In the instance of Hawaii and Alaska, we ship to the port and have offshore delivery. 60 Describe any unique distribution and/or delivery methods or Our team has shipped and installed skate, bike and pump track options offered in your proposal. distribution or delivery methods. Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: Table 12: Pricing Offered Line Item The Pricing Offeredi in this Proposali is:* Table 13: Audit and Administrative Fee Comments 61 c. bettert than thel Proposer typically offerst to GPOs, cooperative procurement organizations, or state purchasing departments. Line Question Item Response" 62 Specifically describe any self-audit process or program. that you As soon as an order is placed, the first stop that it makes is plan to employ to verify compliance with your proposed Contract in our contract managers office. She thoroughly goes through with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. the pricing and verifies everything in accordance with Sourcewell pricing. Once she verifies the pricing, she then places the sale on our internal sales report and includes all information including which purchasing program is used to place the order. She then keeps individual reports for each purchasing program where the data is entered as well. For our current Sourcewell contract, we use the report that was provided to us by Sourcewell to report our sales. At the end of each quarter all sales are double check and verified on the sales report and the administrative fee is issued for the projects that have been completed and paid in full. Two Percent of gross sales. 63 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; iti is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Item Response" 64 Provide a detailed description of the are offering in your proposal. American Ramp Company offers everything necessary for design and build services cast concrete, modular skatepark equipment (wood, steel, hybrid), bike park equipment, modular pump track equipment, bicycle playground equipment, trail construction, on-site concrete skatepark construction, and on-site construction of asphalt pump tracks. American Ramp. Company provides full turn-key service of any type of skate, bike or pump track project including all demolition, excavation, drainage, forming, rebar, shotcrete, flatwork, and much more depending on the project needs. All designs produced by ARC are custom based on what the customer would like, their budget, the site selected as well as community input from meetings and The categories listed, Skateparks, Bike Parks and Pumptracks, capture most every equipment, products, and services that you for skateparks, bike parks and pump tracks. American Ramp Company offers pre- surveys conducted by our design team. 65 Within this RFP category there may be titles that best describe your products and subcategories of solutions. List subcategory type of product/service that we offer. services. Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below ift thel listed types of equipment, products, and services are offered within your proposal. Provide additional comments in thet text box provided, as necessary. Line Item Category or Type 66 Skateparks 67 Bike Parks 68 Pump Tracks 69 Design-build services, site G) Yes assessment, site preparation, installation, maintenance or repair, and warranty programs, Offered* G Yes a No G Yes C No G Yes r No No Comments American Ramp Company provides every skatepark build option and pricing for American Ramp Company offers turn-key design and build of every type of bike park product and facility including segments created by us like bicycle playgrounds. All pump track construction methods are available through American Ramp Company including products that are exclusive to ARC like modular pump tracks. We offer tur-key planning, design, consultation, and everything needed leading up to project construction and during construction we also perfor all aspects of the project in house from site work through completion of the project. We also provide facility management, programming and maintenance/repair solely by each is available and included in this proposal. our staff. Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-407-3789-435564B71BFC Table 15: Industry Specific Questions Line Question Item Response" 70 fyou are awarded a contract, provide a Sales Revenue: few examples of internal metrics that will having success with the contract. be tracked to measure whether you are We track our sales revenue on a monthly, quarterly and annual basis to show whether our sales are increasingldecdining to Sourcewell members. This has also been tracked internally since the initial award of our first contract and this information is used internally by our sales team when they are initiating communication with a future American Ramp Company tracks the number of sales with detailed sales reports on a monthly, quarterly and annual bases to track the number of sales to Sourcewell Customers. This has also been tracked internally since the initial award of our first contract and this information is used intemally by our sales team when they are initiating communication with a future customer who is interested in Sourcewell. Those are just a couple of examples of how we track to see if we are having success with the contract. If we see our revenue and number of sales drop, we will take the time to identify the problem and take all necessary steps to correct the issue. our Quality Control Manger have both been with our company for just shy of 20 years. Every project has 3 levels of quality checks that it goes through before the installation crew arrives onsite. Maintaining an experienced team who understand and maintain a level of excellence has been the key to outputting products that last. In- fact our most popular product comes with a 20-year warranty and we have had installations that are still in use from our first year in business, 23 years ago. fasteners in the riding surface. This change eliminates a potential hazard of a fastener backing out and causing injury, but also gives the product a higher aesthetic value. The removal of this critical maintenance area is also a big benefit to the Another great example is something we recently developed; a special surface fork bike parks called P3 Cycle Surface. This new surfacing solution will dramatically cut down on maintenance for customers while also creating a more consistent and safer serve the broadest user group possible. Our passion is in action sports as designers, builders, and users ourselves, so we believe it is our responsibility to make action sports environments that are welcoming, engaging, and inclusive. Whether it is a bike park, skatepark or pump track, we believe getting people outside and active on a consistent basis changes lives, and changing lives helps to experienced and diversely qualified team in the action sports industry. On top of our experience we have the advantage of executing every aspect of a project inhouse, without the need to outsource. This means we can directly ensure a quality customer who is interested in Sourcewell. Number of Sales: 71 Describe the methods or techniques that Because we self-perform nearly 100% of every aspect of a project, we can make impact the durability or longevity of your sure that the quality meets our expectation. Our inhouse Director of Engineer and product. 72 Describe any unique advancements offered Our team is always looking for ways to improve our products and processes. This by your firm, including examples related to is done with a focus on performance, safety, and aesthetics. For example, we re- product safety, product longevity and life engineered both our bike and skatepark product lines in a way that eliminated any cycle costs. customer. riding surface for users. 73 Describe how your offering addresses the Our team works directly with clients from the beginning of a project to address the needs of user's safety, well-being, and needs and goals identified. A focus for our company is to provide facilities that range or level of accessibility? change the world. 74 Describe any unique advantage that your Our company offers a turn-key solution for the planning, design, and construction of product offers in relation to design-build, Skateparks, Pumptracks and Bike Parks. We feel that we have the most manufacturing, climate variations, and community aesthetics. productproject, delivered in an efficient timeframe. Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-407-8789-435564B71BFC Table 16: Exceptions to Terms, Conditions, or Specifications Form Linel Item 75.] NOTICE: Toi identify anye exception, ort tor request anyr modification, tot the Sourcewell template Contract terms, conditions, ors specifications, a Proposer must submit the exception orr requested modification ont thel Exceptions tol Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed byt the exception orr requested modification, andt the proposed modification must bei identified inc detail. Proposer's exceptions and proposed modifications are subjectt tor review and approval of Sourcewell and willr not automatically bei includedi int the contract. Contract Section Term, Condition, or Specification Exception or Proposed Modification No Exceptions Taken N/A N/A Documents Ensure your submission document(s) conforms to the following: 1. Documents inl PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOTI have a security password, as Sourcewell may not be able to opent the file. Iti is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4.1 Ify you needt to upload more than one (1) document for as single item, you should combine the documents into one zipped file. Ifthe zipped file contains more than one (1) document, ensure each document is named, in relation tot the submission formati item responding to. For example, ifr responding tot thel Marketing Plan category save the document as' "Marketing Plan." Financial Strength and Stability- ARC: 20182 2019: 2020 Financials.pdf- Tuesday November 24, 2020 15:13:04 Marketing Plan/Samples- ARC Tradeshow Handout.pdf. Tuesday November 24, 2020 15:22:33 WMBE/MBE/SBE or Related Certificates MBE Certificate. pdf- Tuesday November 24, 2020 15:20:25 Warranty Information- Warranty Statements.pdf- Tuesday November 24, 2020 15:19:31 Pricing- 2020 Sourcewell Price List.pdf- Tuesday November 24, 2020 15:35:55 Additional Document- A ARC_Caaogpdfr-Tued, November 24, 2020 15:24:21 Sourcewell. Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE Icertify that I amt the authorized representative of the Proposer submitting thei foregoing Proposal with the legal authority to bind the 1. The Proposer is submitting this Proposal underi its full and complete legal name, andt the Proposer legally existsi ing good standing in 2. The Proposer warrants that the information provided int this Proposal is true, correct, and reliable for purposes of evaluation for 3. The Proposer, including any person assisting with the creation oft this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal hasi in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly ori indirectly entered into any agreement or arrangement with any person or business in an effort toi influence any part oft this solicitation or operations ofa a resulting contract; andt the Proposer has not taken any actioni in restraint of freet trade or competitiveness in connection with this solicitation. Additionally, iff Proposer has worked with a consultant on thel Proposal, the consultant (an individual or a company)! has not assisted any other entity that has submitted or will submit ap proposal fori this 4. Tot thel best of its knowledge and belief, and except as otherwise disclosed int the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict ofi interest exists when a vendor has an unfair competitive advantage or the vendor's objectivityi in performing the contract is, or might be, impaired. 5. The contents oft the Proposal have not been communicated by the Proposer ori its employees or agents to any person not an employee or legally authorized. agent ofi the Proposer and will not be communicated to any such persons priort to Due Date of this 6. Ifawarded a contract, the Proposer willp provide to Sourcewell Participating Entities the equipment, products, and services in 7.1 The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8.1 The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, thel Proposer must provide only new and first-quality products and 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked' confidential" (or' 'nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data tol be considered a' "trade secret," and thus nonpublic data under Proposer toi this Affidavit and Assurance of Compliance: thej jurisdiction ofi its residence. contract award. solicitation. solicitation. accordance with thet terms, conditions, and scope ofar resulting contract. related services to Sourcewell Members under an awarded Contract. Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the" "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign. Assets Control oft the United States Department of the Treasury found at: ntps/www.treasuryowolac.downoadsisdhistpdr: b. Included on the government-wide exclusions lists int the United States System for Award Management found at: C. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated sbosamgopoTas or Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC byt the State of Minnesota; the United States federal government ort the Canadian government, as applicable; or any Participating Entity.' Vendor certifies and warrants that neither it nori its principals have been convicted ofa a criminal offense related tot the subject matter oft this solicitation. RE Byo checking this boxl acknowledge that lam bound byt thet terms oft the Proposer's Affidavit, havet the legal authority to submit this Proposal on behalf of thel Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability asi ifl had hand signed the Proposal. This signature will not be denied suchl legal effect, validity, or enforceability solely because an electronic signature or electronic record was usedi ini its formation. - Heather Ogden, Senior Project Manager, American Ramp Company, Inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to thep preparation ofi its submission, and/or the Proposer foresees an actual or potential Conflict of Interesti in performing the contractual obligations contemplated int the bid. Yes G No Thel Bidder acknowledges and agrees that the addendumladdenda below form part of thel Bid Document. Check the boxi int the column' "I have reviewed this addendum" below to acknowledge each oft the addenda. Ihave reviewed the below addendum and Pages attachments (if applicable) R R File Name Addendum 2_ Skatepark Bike Park and Pump Track Solutions_RFP 112420 Addendum_ 1_Skatepark Bike Park and Pump Track Solutions_RFP1 112420 Thu October 292 2020 09:47 AM Fri October 9: 2020 04:18F PM 3 1 Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: 280B1D31-B58D-4907-B729-DBF227B3C00A Sourcewell E CONTRACT EXTENSION Contract Number: 112420-ARC Sourcewell 202: 12th Street Northeast P.O. Box: 219 Staples, MN 56479 (Sourcewell) and American Ramp Company 601 S McKinley Ave Joplin, Missouri (Vendor) 64801-3220 have entered into Contract Number: 112420-ARC for the procurement of: Skatepark, Bike Park, and Pump Track Solutions with Related Equipment, Accessories, and Services The Contract has an expiration date of 2024-12-29, but the parties may extend the Contract by mutual Sourcewell and' Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell's Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of 2025-12-29 . All other terms and conditions of the Contract consent. remain ini full force and effect. Sourcewell Docusignedby: Jurumy Sdwwarts Authortedsighature Jeremy Schwartz Name Title Date Rev. 7/2022 DocuSigned! by: Hatlur Dplun Authorized Signature Heather Ogden Name Title Date Chief Operating and Procurement Officer Senior Project Manager 4/1/2024 I 7:49 AMI PDT 3/29/2024 I 8:47 AM CDT 1 Town of Dolores Resolution No R631 SERIES 2024 Al RESOLUTION APPROVING REQUEST FOR EXTENSION OF THE DOLA GRANT FOR TOWNHALL REMODEL TO DECEMBER 31ST, 2025 WHEREAS, The Town ofDolores is requesting an extension oft the date to complete the Townhall remodel project (EIAF) 9575 to December 31st, 2025 WHEREAS, The Town' s Manager has been sent notification from DOLA (Department ofLocal Affairs) that this grant is due to expire. January 31st, 2025, before the work is completed, the Town requests an extension on a form signed by a member oft the governing body. WHEREAS, The Town of Dolores Board ofTrustees, upon the request of the Department of Local Affairs, finds it necessary to: request an extension to the end of fiscal year 2025 for the NOW,THEREFORE, BEI IT RESOLVED BY THE. BOARD OF TRUSTEES OF THE TOWN Section 1. The Town Board ofTrustees hereby approves ai request to extend the deadline to file to complete project 9575 until fiscal year ending December 31St, 2025, by recommendation from Section 2. The Town Board ofTrustees authorizes the Mayor to execute the form attached hereto Section 3. This resolution shall become effective immediately upon its adoption by the Board of completion oft the town hall remodel project. OF DOLORES, THAT: DOLA contact. as Exhibit 11 to formally make this request. Trustees. Passed, adopted and approved November 25th, 2024. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Mayor Chris Holkestad Attest: Town Clerk Tammy Neely Town of Dolores Resolution No R631 SERIES 2024 ARESOLUTION APPROVING REQUEST FOR EXTENSION OF THE DOLA GRANT FOR TOWNHALL REMODEL TO: DECEMBER 31ST,2025 WHEREAS, The Town of] Dolores is requesting an extension ofthe date to complete the Townhall remodel project (EIAF) 9575 to December 315, 2025 WHEREAS, The Town's Manager has been sent notification from DOLA (Department ofLocal Affairs) that this grant is due to expire January 31st, 2025, before the work is completed, the Town requests an extension on a form signed by ai member oft the governing body. WHEREAS, The Town ofDolores Board ofTrustees, upon the request oft the Department of Local Affairs, finds it necessary to request an extension to the end of fiscal year 2025 for the NOW, THEREFORE, BEI ITI RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN Section 1. The Town Board ofTrustees hereby approves ai request to extend the deadline to file too complete project 9575 until fiscal year ending December 31$,2025, by recommendation from Section 2. The Town Board ofTrustees authorizes the Mayor to execute the form attached hereto Section 3. This resolution shall become effective immediately upon its adoption by the Board of completion ofthe town hall remodel project. OF DOLORES, THAT: DOLA contact. as Exhibit 1 to formally make this request. Trustees. Passed, adopted and approved November 25th, 2024. THE. BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Mayor Chris Holkestad Attest: Town Clerk" Tammy Neely OF DOLD CSTaIBD Date: November 26th, 2024 To: Ted Gantzer - DOLA From: Town of Dolores Subject: The contract for EIAF 9575, the Dolores Town Hall We are requesting an extension of contract EIAF 9575 for the Dolores Town Hall for the following We ran over budget due tot the inflationary cost of building materials which led to the granting ofa We could not complete this work because asphalt is a seasonal product that is no longer produced for We would like to request the extension to November 30th, 2025, to ensure we get the RFP out, We are 85% done with this work. Thisi is the last item needed to close this contract. reasons: supplemental expenditure of $80,000.00 the year 2024 due to temperature change. contracted, and work completed by the asphalt company. Respectfully, Mayor, Christopher Holkestad Town ofl Dolores November 25, 2024 420 Central Ave, POI Box 6301 Dolores, CO.81323 Ph. 970-882-7720: fax. 970-882-7466 www.towmordolores.com 591362 WD 10/02/2013 01:08:39 PM Bayei Tuis RI6.00De.00 116.00 Montezuma County, Ço WARRANTY DEED THIS DEEDI is dated October 2.2013, andi is made between the Town of Dolores whether one, orr moret thand one), the "Grantor," of County of Montezuma and State of Colorado, and. Jess Daniel Dufur, the "Grantees," whose legal WITNESS, that the Grantor, for and in consideration oft the sum of Ten DOLLARS, ($10.00), the receipt and sufficiency ofv whichi isl hereby acknowledged, hereby grants, bargains, sells, conveys and confirms untot the Grantees and the Grantees' heirs and assigns forever, noti int tenancy inc common buti inj jointt tenancy, allt ther real property, togethers with anyi improvements thereon, locatedi int the_ County of Montezuma and State of Colorado, described asf follows: addressi is 23138 CRI M.30 of Cortez County of Montezuma: ands State of Colorado. See Attached ExhibitA alsol known bys strect address as: 43Porter Way, Dolores, CO. 81323 anda assessor'ss schedule or parcel number: hereditaments and appurtenances; Grantees andt the Grantees' heirs and assigns forever. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, ther reversions, remainders, rents, issues and profits thereof, and allt the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the The Grantor, fort the Grantor and the Grantor's heirs anda assigns, does covenant, grant, bargain, and agree toa and with the Grantees, and the Grantees' heirs and assigns: that at the time oft the ensealing and delivery oft these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and conveyt thes same in manner and form as aforesaid; andt that thes same aref free and clear from allf former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and And the Grantor shall and will WARRANT' THE TITLE ANDI DEFEND the above described premises, butr not any adjoining vacateds street or alley, ifany, int the quiet and peaceable possession ofthe Grantees andt the heirs anda assigns of the Grantees, against alla ande every person or persons claimingt thes whole or any partt thereof. VWITNESS' WHEREOF, the Grantor hase executedt this deed ont the date set fortha above. subjectt to: K none; or Othef followingr matters: SLuloe Duvalll Truelson, Mayor Town ofDolores STATEOF COLORADO County ofMontezuma Truelson, Mayor Town ofI Dolores. Witness myl hand and officials seal. My commission expires: 1-2-15 Thet foregoingi instrument wasa acknowledged beforer met this 2 dayof October 2013,by Duvall MLINEL SWOR - - Newly'e 1 Public anys Name and Address ofl Person Creating Cruntodnegal DainG#3SI0A.CKS) No.921A. Rev. 10-09, DEED (ToJ JointT Tenants) (Pagelofl) 591362 WD 10/02/2013 01:08:39 PM Page: Carol 2.of2 Tullis Clerk/Recorder, R16.00D0.00 16.00 Montezuma County, ExhibitA A DESCRIPTION SUBJECT LOT A tract of land in the NW/4 of Section 16, T37N., R.15W., described N.M.P.M., MONTEZUMA COUNTY, COLORADO being more particularly as follows: 16 bears thence, on the North line of the NW/4 of Section 16 Beginning at a point N.M.P.M., from which point the NW corner of Section T.37N., R.15W., $89*42'37'W a distance of 1760.70 feet: In_Bk.586, $8915'00"E Pg 375; a distance of 76.34 foet; $1817'37"W a distance of 228.98 feet along a line shown thenoe, N17'5737E G distance of 230.00 feet along a line shown InBk. thence, 722, Pg. 001, records of Montezuma County; the North line thence, $89-42'37"W a distance of 75.38 feet dlong and of the NW/4 said Section 16 to the point of less beginning contalning 0.38 aores, 16,567 Sq Ft more or referenced a line from the NW Corner of Section 16 Section by 16, both 1984 BLM monuments. This a distance of 2654.3 feet. Bearings are Bearings gre to the N/4 N89*42'37"E Corner line determined bears by Static GPS observations.