HomeMy WebLinkAboutPACKET Town Board 2021-04-27The Mission of the Town of Estes Park is to provide high‐quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, April 27, 2021
7:00 p.m.
Board Room – 170 MacGregor Avenue
Estes Park, CO 80517
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and
provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial
virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator
Machalek on May 8, 2020 and outlined below.
ADVANCED PUBLIC COMMENT
Options for the Public to Provide Public Input:
1.By Public Comment Form: Members of the public may provide written public comment on a
specific agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
Tuesday, April 27, 2021. All comments will be provided to the Board for consideration during the
agenda item and added to the final packet.
2.By Telephone Message: Members of the public may provide public comment or comment on a
specific agenda item by calling (970) 577-4777. The calls must be received by 12:00 p.m., Tuesday,
April 27, 2021. All calls will be transcribed and provided to the Board for consideration during the
agenda item and added to the final packet.
PUBLIC PARTICIPATION DURING BOARD MEETING
If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be
available for assistance from 6:30-6:50 p.m. by calling 970-577-4777.
Options for participation in the meeting will be available by call-in telephone option or online via Zoom
Webinar which will be moderated by the Town Clerk’s Office.
CALL-IN (TELEPHONE OPTION):
Dial public participation phone number, 877-853-5257 (toll-free)
Enter the Meeting ID: 982 1690 2040 followed by the pound sign (#). The meeting will be
available beginning at 6:30 p.m. the day of the meeting. Please call into the meeting prior to
7:00 p.m., if possible. You can also find this information for participating by phone on the
website at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting
Participation”.
Request to Speak: For public comment, the Mayor will ask attendees to indicate if they
would like to speak – phone participants will need to press *9 to “raise hand”. Staff will be
moderating the Zoom session to ensure all participants have an opportunity to address the
Board.
Once you are announced by phone:
•State your name and address for the record.
•DO NOT watch/stream the meeting at the same time due to streaming delay and
possible audio interference.
Prepared 04-16-2021
*Revised
Page 1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
PUBLIC PARTICIPATION (ONLINE):
Individuals who wish to address the Board via virtual public participation can do so through
Zoom Webinar at https://zoom.us/j/98216902040 – Zoom Webinar ID: 982-1690-2040. The
Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings
by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the
Zoom session should also watch the meeting through that site, and not via the website, due
to the streaming delay and possible audio interference.
Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the
meeting. Participants wanting to ensure their equipment setup is working should join prior to
the start of the meeting at 7:00 p.m.
Request to Speak: For public comments, the Mayor will ask attendees to click the “Raise
Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom
session to ensure all participants have an opportunity to address the Board.
•You will experience a short delay prior to re-connecting with the ability to speak.
•State your name and address for the record.
In order to participate, you must:
•Have an internet-enabled smartphone, laptop or computer.
o Using earphones with a microphone will greatly improve your audio experience.
•Join the Zoom Webinar.
o The link can be found above.
•Click “Participate Virtually in the Regular Town Board Meeting of the Board of
Trustees”.
•DO NOT watch/stream the meeting via the website at the same time due to delays and
possible feedback issues.
WATCH THE MEETING:
The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48
hours of the meeting at the same location.
Documents to Share: If individuals wish to present a document or presentation to the
Board, material must be emailed by Monday, April 26, 2021 by 8:00 a.m. to the Town Clerk’s
office at townclerk@estes.org.
Quasi-Judicial Proceedings
(Quasi-Judicial items will be marked as such)
Written Testimony
Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by
completing the Public Comment form at
https://dms.estes.org/forms/TownBoardPublicComment.
Members of the public may provide public comment or comment on a specific agenda item by
calling (970) 577-4777. All calls must be received by 8:00 a.m., Monday, April 26, 2021. All
comments received will be provided to the Board and included in the final packet material.
Oral Testimony
To ensure your ability to provide comments during the meeting, you must register by emailing
townclerk@estes.org or calling (970) 577-4777 by Monday, April 26, 2021 at 5:00 p.m.
During the meeting, any individual who did not register to speak on a quasi-judicial item may
join public participation by following either the Call-In or Online option previously mentioned.
Individuals who do not register prior to the meeting risk being unable to testify due to
administrative/technical difficulty during the meeting.
Written presentation materials or exhibits must be delivered to townclerk@estes.org by 8:00
a.m. Monday, April 26, 2021 in order to be presented during the meeting. No other written
presentations or exhibits will be accepted during oral testimony by any member of the public.
Packet Material
The packet material can be accessed through the following link: Town Board Packet or under
the Town Board section at www.estes.org/boardsandmeetings or you may request a paper
packet by emailing townclerk@estes.org or calling (970) 577-4777.
Page 2
AGENDA
BOARD OF TRUSTEES – TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, April 27, 2021
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PROCLAMATION – ARBOR DAY.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1.POLICY GOVERNANCE MONITORING REPORT - POLICY 3.3 AND 3.7.
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board. Policy 3.3 and Policy 3.7 are
reported on each April.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated April 13, 2021 and Town Board Study Session Minutes
dated April 13, 2021.
3.Community and Family Advisory Board Minutes dated March 4, 2021
(acknowledgment only).
4.Estes Park Planning Commission Minutes dated March 16, 2021 and Study Session
Minutes dated March 16, 2021 (acknowledgment only).
5.Resolution 32-21 Approving the 2021 Memorandum of Understanding for Restorative
Justice Joint Programming with the Estes Valley Restorative Justice Partnership, Inc.,
and the Estes Valley Public Library District.
6. Resolution 33-21 Approving the 2021 Intergovernmental Agreement for School
Resource Officer Services with the Park R-3 School District.
7. Resolution 34-21 Approving the Contract for the Replacement of Telemetry and
Networking for the Town’s Water SCADA System with Timber Line Electric & Control
Corporation, $218,674, Budgeted.
8. Resolution 35-21 Approving a Grant Agreement with Visit Estes Park for a Climbing
Boulder located at the Big Thompson Recreation Area adjacent to the Parking Garage.
9. Resolution 36-21 Approving an Intergovernmental Agreement with CDOT for Fiscal
Year 2021 Certifications and Assurances as required by the Federal Transit
Administration (FTA) for Public Transportation FTA funding recipients.
10. Appointment of Marina Connors to the Larimer County Solid Waste Policy Advisory
Council to complete the term of Howard Lauren expiring November 30, 2022.
11. Acceptance of Town Administrator Policy Governance Monitoring Report.
Prepared 04-16-2021
*Revised
Page 3
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1.CONSENT ITEMS:
A. ORDINANCE 05-21 AMENDING CHAPTER 4 OF THE ESTES PARK
DEVELOPMENT CODE REGARDING LOT COVERAGE, AND AMENDING
CHAPTER 13 BY REVISING THE DEFINITION OF “IMPERVIOUS SURFACES”
AND “LOT COVERAGE”. Staff requests continuation to the May 11, 2021 Town
Board Meeting.
2.ACTION ITEMS:
A. ORDINANCE 06-21 AMENDING SECTION 1.9.D.1(B) OF THE ESTES PARK
DEVELOPMENT CODE REGARDING FEATURES ALLOWED WITHIN
BUILDING SETBACKS. Planner Bergeron.
Proposed amendment for inclusion of photovoltaic system equipment in minimum
building setback areas of established lots.
ACTION ITEMS:
1.FEE WAIVER REQUEST, LOTS 1 AND 2 HIGH PINES SUBDIVISION, 1 AND 11
RIVERSIDE DRIVE, REZONING FEES, VAN HORN ENGINEERING. Director Hunt.
Van Horn Engineering requests a waiver of the fees associated with an anticipated
rezoning request, as part of a proposed annexation of the above properties.
2.RESOLUTION 37-21 APPROVING AN AMENDMENT TO THE PURCHASE
CONTRACT FOR THE THUMB OPEN SPACE. Supervisor Berg.
Contract amendments include updated land description to match Conservation
Easement, and extension of the purchase date.
REPORTS AND DISCUSSION ITEMS:
1.THUMB OPEN SPACE AMENDED CONSERVATION EASEMENT. Supervisor Berg.
Update on consolidation of easements. Resolution 55-20 authorized the Town
Administrator to approve all further documents and agreements necessary to complete
the purchase of the Thumb Open Space.
ADJOURN.
Page 4
Town Administrator’s Office Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: April 27, 2021
RE: Policy Governance Monitoring Report – Policy 3.3 and 3.7
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Policy
QUASI-JUDICIAL YES NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board. In April of each year the Town
Administrator is required to report on Policies 3.3 and 3.7.
Policy 3.3 states:
“With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government.”
Policy 3.7 states:
“The Town Administrator shall have an Emergency Preparedness Process in
place for coordination of all emergency management partners – Federal, State,
and local governments, voluntary disaster relief organizations, and the private
sector to meet basic human needs and restore essential government services
following a disaster.”
This report constitutes my assurance that, as reasonable interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
Travis Machalek
Town Administrator
Page 5
Policy 3.3: With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal
integrity of Town government. Accordingly, the Town Administrator shall not allow
budgeting which:
3.3.1: Deviates from statutory requirements.
Status: Compliance
Interpretation: I interpret this to mean that our budgeting practices and policies
comply with all requirements contained in the Colorado Revised Statutes that are
applicable to statutory towns.
Compliance with the policy will be achieved when: There are no deviations in
our practices or policies from what is required by State Statute.
Evidence:
1. The annual independent audit
2. Comprehensive Annual Financial Report
3.All policies are reviewed for legal compliance by the Town Attorney
4.No State-issued non-compliance notifications to the Town of Estes Park
regarding our budgetary obligations under State Statute.
Report: I report compliance for the current fiscal year. Staff continues to follow
up on the Policy Governance 3.4.1 non-compliance issue related to the Medical
Insurance Fund (reported in the 03/09/2021 Policy Governance Report to the
Town Board). This issue could impact compliance with this section at a later date.
3.3.2: Deviates materially from Board-stated priorities in its allocation among
competing budgetary needs.
Status: Compliance
Interpretation: I interpret this to mean that the annual budget adopted by the
Board of Trustees represents the officially adopted priorities of the Board. This
includes any budget amendments approved by the Town Board throughout the
year and any specific spending authorizations approved by the Town Board. I
interpret “materially deviate” to mean any change in spending priority that results
in a resource diversion away from any Board objective, goal, or outcome that is
substantial enough to hinder the achievement of the objective, goal, or outcome. I
do not interpret minor deviations resulting from changing circumstances,
community demands, and/or unforeseen circumstances outside of the Town’s
control as material deviations.
Attachment 1
Page 6
Compliance with the policy will be achieved when: Budget spending does not
materially deviate from the levels approved in the adopted budget.
Evidence:
1. The 2021 adopted budget was prepared based on the Board’s Strategic
Plan.
2. Any substantial budget changes have been presented to the Board for
review and approval as budget amendments.
3.HTE budget reports for each department are available on request.
Report: I report compliance
3.3.3: Contains inadequate information to enable credible projection of revenues
and expenses, separation of capital and operational items, cash flow and
subsequent audit trails, and disclosure of planning assumptions.
Status: Compliance
Interpretation: I interpret this to mean that the Town Administrator’s
recommended budget must be based on credible data and the best available
information concerning the local economy and other factors that may impact the
Town’s revenues and expenses. In addition, the budget is to be structured to
separate capital expenditures from operational costs. All revenue projections will
be based on the professional judgement of the Town’s Finance Director.
Compliance with the policy will be achieved when:
•Revenue projections are clear and projected and actual revenues are within
a 5-10% margin of error, barring any catastrophic events.
•Actual revenues are not less than projected, barring any catastrophic
events.
•The budget presented to the Board for adoption is in a format that
separates revenues, expenses, and capital expenditures.
•Critical assumptions used in preparing the budget are clearly articulated to
the Board during budget review sessions.
Evidence:
1.COVID-19 continues to make it difficult to accurately project revenues.
We will continue to track our 2021 budget projections as we move through
this catastrophic and unprecedented event and update them as necessary.
Projections may be outside of the 5-10% margin of error due to this crisis,
but we will be conservative in our estimates in order to protect the Town’s
financial position
Page 7
2.The 2021 adopted budget is presented in a format that separates revenues,
expenditures, and capital.
3. Critical assumptions used in preparing the budget were discussed with the
Board during budget review sessions.
Report: I report compliance. Revenue projections will continue to be impacted by
catastrophic events (COVID-19) and staff will continue to closely monitor
projected and actual revenues and bring any necessary budgetary revisions to the
Town Board in a timely manner.
3.3.4: Plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are otherwise
available.
Status: Compliance
Interpretation: I interpret this to mean that the proposed budget must be
balanced. This includes expenditures for the year not exceeding the revenues
received from all sources. Exceptions are Board-approved use of fund balances,
and use of funds that have been accumulated over a period of time, with the
approval of the Board, with the intent of saving funds to pay for a specific project
or capital expense.
Compliance with the policy will be achieved when: The proposed budget meets
the above criteria, inclusive of any board approved spending of fund balance or
specific reserve funds.
Evidence:
1.The adopted budget includes expenditures for the year exceeding
revenues. This falls within the exception as Board-approved use of fund
balance.
Report: I report compliance.
3.3.5: Reduces fund balances or reserves in any fund to a level below that
established by the Board of Town Trustees by adopted policy.
Status: Compliance
Interpretation: I interpret this to mean that the audited year-end unrestricted
fund balance in the General Fund does not drop below 25% unless otherwise
authorized by the Board. If the Board approves and adopts a budget that plans for
reducing the fund balance below the 25% level, I interpret this as being authorized
by the Board.
Compliance with the policy will be achieved when:
Page 8
•The final CAFR shows a General-Fund fund balance of 25% or greater,
unless otherwise approved by the Board.
•The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise approved by the Board.
Evidence:
1.The 2019 CAFR shows a 64% General-Fund fund balance at the end of
2019.
2.The adopted 2021 budget anticipates a 29.1% General-Fund fund balance
at the end of 2021.
Report: I report compliance.
3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to
significant shortfalls within the Town’s budget.
Status: Compliance
Interpretation: I interpret this to mean that I must prepare a budget that
maintains a fund balance of 25% or more in the General Fund and adequate fund
balances in all enterprise funds, including the required TABOR reserve and the
current cash reserves as defined in Board Policy 670 – Cash and Investment
Reserve and Contingency.
Compliance with the policy will be achieved when:
•The final CAFR indicates a General-Fund fund balance of 25% or greater,
unless otherwise authorized by the Board.
•The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise authorized by the
Board.
•The current cash reserves meet the criteria defined in Board Policy 670 –
Cash and Investment Reserve and Contingency.
Evidence:
1. The 2019 CAFR shows a 64% General-Fund fund balance at the end of
2019.
2.The adopted 2021 budget anticipates a 29.1% fund balance at the end of
2021.
3. Current cash and investment reserves are reported to the Board on a
monthly basis, as required by Board Policy 670.
4. The Town’s budget contingency plan is established in Policy 670 (Section
3.b).
Page 9
Report: I report compliance.
3.3.7: Fails to provide for an annual audit.
Status: Compliance
Interpretation: I interpret this to mean that I must ensure that the Town
completes an independent audit annually. Further, that audit report should result
in an unqualified and unmodified opinion from the Board’s auditors.
Compliance with the policy will be achieved when: The annual audit is
complete and presented to the Town Board.
Evidence:
1.The 2019 Audit has been completed and the CAFR prepared and
submitted to the State of Colorado with an unqualified and unmodified
opinion from the Board’s auditors.
2. The 2020 Audit will take place throughout the month of May.
Report: I report compliance.
3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current
or future bond ratings of the Town.
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that will
negatively impact the Town’s bond rating. This includes maintaining adequate
fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios
for all revenue bonds associated with the Town’s enterprise funds.
Compliance with the policy will be achieved when:
•I am in compliance with 3.3.5.
•Required bond coverage ratios are met.
Evidence:
1. The 2019 CAFR shows a 64% General-Fund fund balance at the end of
2019.
2. Our current (estimated December 31, 2020 ending balances) bond-
coverage ratio for Power and Communications (237%) exceeds the
required ratio of 125%.
3. Our current (estimated December 31, 2020 ending balances) bond-
coverage ratio for Water (492%) exceeds the required ratio of 110%.
Report: I report compliance.
Page 10
3.3.9: Results in new positions to staffing levels without specific approval of the
Board of Town Trustees. The Town Administrator may approve positions
funded by grants, which would not impose additional costs to the Town in
addition to the grant funds and any temporary positions for which existing
budgeted funds are allocated.
Status: Compliance
Interpretation: I interpret this to mean that I cannot allow any new positions or
expansion of any part-time positions to be advertised or filled without prior Board
approval. I may allow new positions or partial positions funded by grants or
temporary positions for which existing budgeted funds are allocated without prior
approval of the Board. I may also allow reductions in staffing without Board
approval.
Compliance with the policy will be achieved when: No new positions or
expansion of any part-time positions are approved and/or hired without approval
of the Board, with the exceptions noted above.
Evidence:
1. All positions are indicated in the adopted and proposed budgets and no
unapproved positions have been created.
Report: I report compliance.
Policy 3.7: The Town Administrator shall have an Emergency Preparedness Process in
place for coordination of all emergency management partners – Federal, State, and local
governments, voluntary disaster relief organizations, and the private sector to meet basic
human needs and restore essential government services following a disaster.
3.7.1: The Town Administrator shall be responsible for the assigned responsibilities
identified in the Town of Estes Park Emergency Operations Plan.
Status: Compliance
Interpretation: I interpret this to mean that the Town has adopted and kept
current an Emergency Operations Plan that covers multiple possible emergency
situations and outlines the roles and responsibilities of Town staff during an
emergency. These roles are consistent with the standards of the National Incident
Management System (NIMS) process. I also interpret this to mean that key staff
have had basic NIMS/Incident Command System (ICS) training.
Compliance with the policy will be achieved when:
•The Town has an up-to-date Emergency Operations Plan.
Page 11
•Key staff have completed NIMS/ICS 100 training.
Evidence:
1.The Town has an up-to-date Emergency Operations Plan
2.All key staff have completed NIMS/ICS 100 training
Report: I report compliance.
3.7.2: The Town Administrator shall not fail to have a business continuity plan for
the Town.
Status: Compliance
Interpretation: I interpret this to mean that the Town has adopted and kept
current a Continuity of Operations Plan (COOP) for Town operations.
Compliance with the policy will be achieved when: The Town has an up-to-
date Continuity of Operations Plan (COOP).
Evidence:
1.The Town has an up-to-date Continuity of Operations Plan
Report: I report compliance.
3.7.3: In the event of an emergency, the Town Administrator shall not fail to take
appropriate action immediately to ensure the safety of the public and public
and private assets, including authorizing specific actions by Town staff and
declaring an emergency on behalf of the Board of Town Trustees.
Status: Compliance
Interpretation: I interpret this to mean that in the event of an emergency I take
appropriate steps to respond to the emergency including, but not limited to,
actions outlined in the Town Emergency Operation Plan and Chapter 2.28 of the
Municipal Code.
Compliance with the policy will be achieved when:
1.During an emergency, I ensure that we follow the Emergency Operations
Plan and standard NIMS procedures (as applicable) in implementing our
response.
2. Response and recovery efforts are prudent and in compliance with state
and federal requirements for aid and reimbursements (when applicable).
Evidence:
Page 12
1. Response to the East Troublesome Thompson Zone fire and COVID-19
including declaration of emergency, emergency orders, and
implementation of NIMS structure to coordinate Town response.
Report: I report compliance.
Page 13
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Town of Estes Park, Larimer County, Colorado, April 13, 2021
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall and Virtually in
said Town of Estes Park on the 13th day of April, 2021.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Scott Webermeier
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
PROCLAMATION. Mayor Koenig proclaimed April 18 – 24, 2021 as Volunteer Week and
recognized the dedication of the volunteers of the Town of Estes Park.
RECOGNITION. The Board recognized Anna Marie “Ree” Ritzen 100th birthday on April
15, 2021, wishing her a happy birthday on her special day.
AGENDA APPROVAL.
It was moved and seconded (Webermeier/MacAlpine) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee Bangs joined Trustee Younglund at the recent Community and Family Advisory
Board (CFAB) meeting to review the recent workforce housing and childcare report
completed by the Town. She noted the Estes Park Non-profit Resource Center would
host an introduction to advisory boards on April 15, 2021. She stated she attended the
ribbon cutting for the new Water shop on Brook Drive.
Trustee Younglund thanked Trustee Bangs for her attendance at the CFAB meeting.
CFAB continues to review options for childcare such as financing a third-party for
childcare and employer-based childcare. She also attended the ribbon cutting at the
Water shop and was impressed by the new facility.
Trustee Webermeier stated Visit Estes Park (Local Marketing District) approved an
amendment to the new CEO contract. He noted Cathy Ritter/Colorado Tourism Office
Director was dismissed unceremoniously on April 12, 2021. He noted her efforts over the
past years and her positive guidance to a number of agencies throughout Colorado.
Mayor Koenig attended Larimer County Behavioral Health Committee. PRPA elected
new officers after half of the Board was not re-elected in their respective communities.
David Hornbacher/Executive Director of Electric Service for Longmont was elected Chair.
Trustee MacAlpine commented she attended the Water shop ribbon cutting. DRAFTPage 15
Board of Trustees – April 13, 2021 – Page 2
Trustee Cenac stated she has attended the Western Heritage and Rooftop Rodeo
committee meetings. The committees continue to be optimistic and excited for the 2021
Rooftop Rodeo. She announced the Cowboy channel would broadcast this year’s rodeo
each night to 42 million homes.
TOWN ADMINISTRATOR REPORT.
Administrator Machalek recognized the Dispatch staff of the Town, National Park and
Larimer County during National Public Safety Telecommunication Week April 11 – April
17, 2021 and thanked them for their continued efforts and service to the community. He
further recognized the retirements of Mike Williams/Equipment Operator and Sue
Perney/Communication Center Manager and thanked them for their years of service.
1.CONSENT AGENDA:
1.Bills.
2.Special Town Board Minutes dated March 29, 2021, Town Board Minutes dated
March 23, 2021 and Town Board Study Session Minutes dated March 23, 2021.
3.Transportation Advisory Board minutes dated February 17, 2021
(acknowledgement only).
4.Parks Advisory Board Minutes dated February 18, 2021 (acknowledgement only).
5. Resolution 26-21 Approving the Bureau of Reclamation WaterSMART Small Scale
Efficiency Program Grant Application for Smart Water Meters, $75,000, Budgeted.
6.Resolution 27-21 Setting the Public Hearing date of May 11, 2021 for a New
Lodging & Entertainment Liquor License filed by Trinity Hospitality LLC dba Rocky
Mountain Hotel & Conference Center, 1701 N Lake Avenue, Estes Park, CO
80517.
7.2021 Overlay & Patching Program Change Order for a Contract with Coulson
Excavating Co., Inc. for $761,492.50, Budgeted.
8.2021 Chip & Crack Seal Program Change Order for a Contract Extension with
Vance Brothers, Inc. for $270,000, Budgeted.
9.Resolution 28-21 Acceptance of the Steuben Marital Trust Estate Donation for
$9,018.03 for the extension of the Estes Park Trail system.
It was moved and seconded (Cenac/Webermeier) to approve the Consent
Agenda, and it passed unanimously.
2.LIQUOR ITEMS:
1.NEW FERMENTED MALT BEVERAGE OFF-PREMISE FILED BY MINI MART
INC. DBA LOAF N’ JUG #750828, 561 BIG THOMPSON AVENUE, ESTES
PARK, CO. Mayor Koenig opened the public hearing. Town Clerk Williamson
reviewed the application for the new Fermented Malt Beverage Off-Premise liquor
license, stating all paperwork and fees have been submitted. Mr.
Proffitt/applicant’s representative presented the application. Ms. Shawna
Bezio/District Manager for Loaf N’ Jug reviewed the training provided to
employees, the type of alcohol to be sold, hours of operation, and the use of a
point-of-sale software to enter identification information. The corporation also uses
a third party to test employees and ensure the employees are completing each
sale following the company policies and state regulations. Mayor Koenig closed
the public hearing. Mayor Koenig closed the public hearing and it was moved and
seconded (Younglund/Webermeier) to approve the Fermented Malt Beverage
Off-Premise Liquor License Application for Mini Mart Inc. dba Loaf N’ Jug
#750828, 561 Big Thompson Avenue, and it passed unanimously.DRAFTPage 16
Board of Trustees – April 13, 2021 – Page 3
3.ACTION ITEMS:
1.RESOLUTION 29-21 CONTRACT WITH LOGAN SIMPSON DESIGN, INC., FOR
COMPREHENSIVE PLAN CONSULTING SERVICES FOR 2021-2022. Director
Hunt stated the Town issued an RFP for professional planning services to prepare
and complete the new Comprehensive Plan with nine qualified submittals received.
An evaluation committee consisting of two Planning staff members, one
Engineering staff member, one Planning Commissioner, and one County
Community Development staff member, reviewed the applications using standard
professional scoring metrics and invited four firms to the interview process. The
evaluation committee unanimously recommended Logan Simpson Design as the
preferred consultant. Staff entered into negotiations with Logan Simpson to
determine the scope of the work, schedule, cost and contract. The County has
begun negotiations with Logan Simpson to perform County-specific
comprehensive planning efforts in alignment with the Town schedule and would
be complementary to the Town’s process. The proposed contract would be a not-
to-exceed amount of $164,000 with an additional $8,000 for a public engagement
platform through Bang the Table LLC approved by staff. The contract has a term
of December 31, 2022 with an option to extend for one year upon approval of both
parties. It was moved and seconded (Younglund/Martchink) to approve
Resolution 29-21, and it passed unanimously.
2.RESOLUTION 30-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #3 TO
THE 2021 BUDGET. Director Hudson reviewed the resolution to reappropriate
remaining balances on uncompleted 2020 purchase orders to fund completion of
the acquisition of goods or services ordered in 2020 and roll over uncompleted
projects into the 2021 budget. The budget amendment also contains additional
funding for 2021 for expenses that were unknown at the time the budget was
adopted, including items such as the Comprehensive Plan grant funding and
expenditure, wayfinding signage for seasonal parking, the Community Drive/US
Hwy 36 intersection project, delayed grant funding for the Fall River Trail,
additional Water Division projects, and Medical Insurance fund contingency to
address unforeseen late year plan costs. It was moved and seconded
(Webermeier/Bangs) to approve Resolution 30-21, and it passed unanimously.
3.RESOLUTION 31-21 CONTRACT WITH E3 ENTERPRISES, INC., FOR
DOWNTOWN WAYFINDING SIGNAGE PILOT PROJECT. Director Muhonen
stated an RFP was issued and three bids were received for seasonal paid parking
wayfinding signage pilot project, with E3 Enterprises, Inc. submitting the lowest
bid. The project has been designed as a pilot project utilizing shorter life-span and
lower cost materials for three reasons: 1) construction expediency with a need to
complete by May 21, 2021 prior to paid parking implementation; 2) to gain
meaningful public input on the signage and ability to alter at a minimum cost; and
3) the financial cost would be minimized if the public rejects paid parking. Staff
recommended approval of the contract to improve wayfinding downtown and
replace inconsistent, faded and poorly placed signage. The new signage would
provide clear guidance to, and identification of, both free and paid parking
opportunities. Staff further recommended a total budget of $134,000 be approved
for the contracted amount of $121,590 and a contingency of $12,410 for
unanticipated conditions encountered during construction. After further
discussion, it was moved and seconded (Martchink/Bangs) to approve
Resolution 31-21, and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 8:30 p.m.
Wendy Koenig, Mayor
Jackie Williamson, Town Clerk DRAFTPage 17
Town of Estes Park, Larimer County, Colorado April 13, 2021
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room and Virtually in said Town of Estes Park on the 13th day of
April, 2021.
Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Webermeier, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Webermeier, and Younglund
Also Attending: Town Administrator Machalek, Assistant Town Administrator
Damweber, Town Attorney Kramer and Recording Secretary
Disney
Absent: None
Mayor Koenig called the meeting to order at 4:30 p.m.
SEASONAL PAID PARKING IMPLEMENTATION UPDATE.
Manager Solesbee provided an update on the implementation of seasonal paid parking.
She highlighted community outreach, permit registration, pay station technologies,
staffing and training, and program metrics. The Board discussed the Estes Park Parking
App, providing maps of parking lots in Town to citizens and visitors, and paid parking
kiosk safety and security.
FACILITIES MASTER PLAN UPDATE.
Manager Landkamer presented an update on the Facilities Master Plan. He highlighted
the objective and process of the Plan, priority of facility improvements, the 2021 Staff
survey of needs, and a review of initial findings of primary facilities. The Board
requested clarification of Town Hall deficiencies and the relocation of the Police
Department. The Board agreed the main focus should be on Town Hall and requested
staff provide potential site options for Town Hall and the Police Department.
ENVIRONMENTAL SUSTAINABILITY ADVISORY BOARD.
Town Administrator Machalek presented the discussion on creating an Environmental
Sustainability Advisory Board. He stated review of the advisory board was included in
the 2021 Strategic Plan and highlighted, the differences between an advisory board and
ad-hoc task force, needs of creating an advisory board, defining the role of the board,
and a focus area and membership considerations of the advisory board. The Board
discussed creating an ad-hoc task force prior to creating an advisory board, importance
of a focus area, restrictions and requirements of a task force, reviewing the scope of all
advisory boards, and clarification on the length of time of operation for an advisory
board or task force.
TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek stated the discussions for Reverse Decriminalization of
Municipal Code and Vacation Home Regulations move to Municipal Code with
enforcement and Life Safety Survey changes was scheduled for April 27, 2021.
There being no further business, Mayor Koenig adjourned the meeting at 6:30 p.m. DRAFTPage 18
Town Board Study Session – April 13, 2021 – Page 2
Kimberly Disney, Recording Secretary DRAFTPage 19
Page 20
Town of Estes Park, Larimer County, Colorado, March 4, 2021
Minutes of a regular meeting of the Community and Family Advisory Board of the Town
of Estes Park, Larimer County, Colorado. Meeting held virtually on Zoom, on the 4th day
of March, 2021.
Present: Laurie Dale Marshall
Jodi Roman
Nancy Almond
Sue Strom
John Bryant
Christy DeLorme
Rachel Balduzzi
Chris Douglas
Absent: N/A
Also Present: Cindy Younglund, Town Board Liaison
Jason Damweber, Assistant Town Administrator
Suzanna Simpson, Executive Assistant
Guests: Christy Crosser
Chair Dale Marshall called the meeting to order at 3:32 p.m.
PUBLIC COMMENT:
None
TRUSTEE LIAISON UPDATE:
Trustee Younglund thanked Member Almond and all others who worked on the childcare
report requested by the Town Board.
APPROVAL OF FEBRUARY MEETING MINUTES:
It was moved and seconded (DeLorme/Almond) to approve the February meeting
minutes and the motion passed unanimously.
PRESENTATION AND DISCUSSION: GUEST CHRISTY CROSSER FOR SAFE
ROUTES TO SCHOOL:
Guest Christy Crosser presented a program on Safe Routes to School, a national
program that seeks to make routes safer and easier for students to walk, bike and roll to
school and back, as well as to other places around the community. She discussed local
challenges to the program including wildlife and highway crossings. The two projects that
Page 21
Community and Family Advisory Board – March 4, 2021 – Page 2
the Town is engaged in are the Brodie Avenue sidewalk, which is complete, and the
Graves Avenue sidewalk. She encouraged the Community and Family Advisory Board to
participate in the design process for Graves Avenue. The board discussed ancillary
events related to the program, such as a bike rodeo and participation in the Estes Park
Police Department’s Safety Fair.
CHILDCARE REPORT REVIEW:
Member Almond provided a recap of the standout items from the data compilation,
including the drop in kindergarten enrollment and the low birthrate at Estes Park Health.
She added that Estes Park Health staff feels that it is related to a national trend where
more millennials having children prefer mid-level practitioners, such as midwives, which
are not available here. The data is not indicative of child population. Chair Dale Marshall
expressed interest in that data and wants to be sure that all parts of the community are
being served.
Chair Dale Marshall asked the board to share some recommendations that could be
presented with the report. The board discussed celebrating a success with Mountaintop
Preschool expanding and now at full capacity.
Assistant Town Administrator Damweber shared that there are funds available through
the Town’s Childcare Funding program. The board discussed the parameters of the
funding, advantages and disadvantages of the current program, and how to expand the
program to subsidize childcare to help both providers and parents. He shared that the
upcoming Comprehensive Planning process is an appropriate venue to make community-
wide childcare recommendations.
Seeing no board consensus on a recommendation, Chair Dale Marshall asked Trustee
Younglund if it would be acceptable for the board not to present a recommendation with
the report. Trustee Younglund suggested a deadline for review of data as the Town Board
would be looking for these recommendations.
MARCH 9 CHILDCARE REPORT TOWN BOARD PRESENTATION:
Assistant Town Administrator Damweber shared that the report presentation had been
moved from a study session to the Town Board meeting.
Page 22
Community and Family Advisory Board – March 4, 2021 – Page 3
NEW BUSINESS
The board is due to elect officers. It was moved and seconded (Almond/DeLorme) to
nominate Laurie Dale Marshall to remain as chair of the Community and Family Advisory
Board and it passed unanimously.
Vice Chair Balduzzi announced that she would likely not renew her term on the board. It
was moved and seconded (DeLorme/Balduzzi) to nominate Nancy Almond for the vice
chair position and it passed unanimously.
Seeing no further business, the meeting was adjourned at 5 p.m.
NEXT MEETING
The next regular meeting of the Family Advisory Board will take place Thursday, April 1,
2021. The format will be virtual through the Town’s Zoom account.
Suzanna Simpson, Recording Secretary
Page 23
Page 24
1
Town of Estes Park, Larimer County, Colorado, March 16, 2021
Minutes of a Regular meeting of the ESTES PARK PLANNING
COMMISSION of the Town of Estes Park, Larimer County, Colorado.
Meeting held VIRTUALLY in said Town of Estes Park on the 16 day of March
2021.
Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser,
Commissioners Joe Elkins, Howard Hanson.
Attending: Chair Comstock, Vice Chair Heiser, Commissioner Elkins,
Commissioner Hanson, Director Randy Hunt, Senior Planner
Jeff Woeber, Planner II Alex Bergeron, Planning Technician
Charlie Rugaber, Recording Secretary Karin Swanlund, Town
Attorney Dan Kramer, Town Board Liaison Barbara
MacAlpine
Absent: Commissioner Elkins joined meeting at 2:00
Chair Comstock called the meeting to order at 1:30 p.m. Also attending was Matt Ashby,
Ayres Associates consultant.
AGENDA APPROVAL
It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion
passed 3-0.
PUBLIC COMMENT.
None
CONSENT AGENDA APPROVAL
It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The
motion passed 3-0.
CODE AMENDMENT: Solar Panel Setbacks
Planner II Bergeron reviewed the staff report. He explained that the objective of
this proposed Code Amendment is to enable the use of roof-mounted
photovoltaic systems (perhaps better known as “solar panels” or “solar PV
systems”) on structures that would otherwise have them installed if it weren’t for
minimum setback requirements precluding installation. Approval of the Code
Amendment will allow expanded use of renewable energy in Estes Park in a free-
market context by removing a barrier to system installation.
Page 25
2
Discussion:
Commissioner Hanson compared this Code Amendment to a three-foot roof eave. He
noted that HOA’s are not allowed to prohibit or restrict solar systems installation and
questioned if that applied to municipalities. Attorney Kramer stated that restrictions do
apply to fees but was unsure of State Statute. Hanson considered this amendment as a
“band-aid” approach with no harm coming from it.
Chair Comstock stated that this amendment might be too limited and should perhaps
cover a larger solar energy spectrum. Without structure, people are free to do what
they want, suggesting that staff start work on more extensive solar panel code
language. There being no guidance from the Town in placing solar panels on private
property is concerning. Hunt explained that a building permit is required to install solar
panels.
Bergeron replied that there is absolutely a need to have more structure and language.
The time to make these more extensive changes would be when the Code is rewritten.
Public input would be desirable, and this, in addition to limited staff availability, could
challenging to do in the near future. This amendment is a partial solution to a current
problem.
Vice-Chair Heiser agreed that this is a step that solves some immediate problems. As
is, this Code Amendment is good to move forward. He also would like this subject to be
considered more thoroughly before rewriting the Code. Hunt did not confirm that further
research could be achieved this year, but it would be possible if time allows it.
PUBLIC COMMENT: None
It was moved and seconded (Hanson/Heiser) to recommend approval to the Town
Board of Trustees of the text Amendment to the Estes Park Development Code
with the findings as presented. The motion passed 4-0.
CODE AMENDMENT: Impervious Lot Coverage
Senior Planner Woeber reviewed the staff report. Currently, there are four
nonresidential zoning districts within the EPDC where the “Maximum Lot Coverage (%)”
is inconsistent with and somewhat limited compared to what is allowable in other
nonresidential zone districts. Those percentages are as follows:
A (Accommodations/Highway Corridor) – 50%
A-1 (Accommodations/Low Intensity) – 30%
CO (Outlying Commercial) – 65%
O (Office) – 50%
Staff proposes increasing all of these to 80%.
Page 26
3
The second part of this Code Amendment was to change the Lot Coverage definition to
eliminate “porous pavement and graveled areas” and no longer include “porous
pavement and graveled areas” in the description of Impervious Surfaces.
Discussion:
Vice-Chair Heiser observed that changing the A-1 zone from 30 to 80 percent is a
significant change. Most of that land is in the County, not town limits. Woeber did not
know the inventory of A-1 properties within the town but will have that answer at the
next meeting. Heiser suggested pulling the A-1 zone out of the amendment.
Hunt stated that pavers would be treated as porous surfaces and could be based on the
paver type. Public Works would likely require a drainage study, which would provide an
additional review.
Hanson suggested making this into two Code Amendments, making the lot coverage a
separate issue. Impervious is absolute; porous is not, stating that he is a little nervous
about changing the lot coverage to 80%.
Commissioner Elkins stated that any ground cover that is not impervious is more prone
to fire. If decreasing parking, vegetative space is increased, adding that the 80% is a
good recommendation.
Woeber noted that in pre-2000, the percentage was 80%. This is a typical figure with
most development codes. Once setbacks, parking and driveway areas are subtracted
out, the total numbers come up close to 80% for a commercial property.
Hunt stated that there are frequent issues with the lot coverage percentages causing
delays or dismissals of projects. There have also been variances issued due to the
smaller lot coverage. It is extremely limiting for development.
Impervious percentages may lead to offering incentives for zero-scaping (dry
landscaping) in the new Code.
PUBLIC COMMENT: None
It was moved and seconded (Heiser/Elkins) to recommend approval to the Town
Board of Trustees of the text amendment to the Estes Park Development Code
with the exception of the A-1 line in table 4.5, as presented in Exhibit A as
recommended by staff. The motion passed 4-0.
Page 27
4
OTHER:
Downtown Building Height
Matt Ashby, Planner with Ayres Associates, reviewed the prepared PowerPoint on
Downtown Building Heights. The goal is to explore what the values are and achieving
them by answering the following questions:
Why? More opportunity for housing
What? Draft Code Language – mixed-use buildings up to 40 feet (use by right)
How? Process and timeline – now through Fall 2021
Commissioner comments/questions summarized:
Think bigger!
Think vertical!
Maximize the density in already developed areas by going up
One of the only mechanisms for redevelopment in the downtown floodplain.
Preference for redevelopment over workforce housing
Infrastructure needs help, economic incentives
Land base elevation use for height calculation
Secondary zoning district for geography purposes
Two stories of commercial, one residential is desirable
Difference between height v story calculation
Angles of the sun at different times of the year
Ground floor for commercial use only
Difference from the Downtown Plan adopted three years ago
Height for an entire commercial use building
Side lot-line setbacks
It was requested that Ayres Associates return for the April 20 meeting for more
discussion.
Director Hunt informed the Commission that he would be retiring in the Fall. He hopes
that the Planning Commission will have a role in selecting his replacement.
There being no further business, Vice-Chair Heiser adjourned the meeting at 4:08 p.m.
Matt Comstock, Chair
Karin Swanlund, Recording Secretary
Page 28
Town of Estes Park, Larimer County, Colorado March 16, 2021
Minutes of a Study Session meeting of the PLANNING COMMISSION of Estes Park, Larimer
County, Colorado. Meeting held virtually on Google Meet.
Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe
Elkins, Howard Hanson
Attending: Comstock, Heiser, Hanson
Also Attending: Director Randy Hunt, Senior Planner Jeff Woeber, Planner II Alex
Bergeron, Trustee Barbara MacAlpine, Planning Technician Charlie
Rugaber, Recording Secretary Karin Swanlund
Absent: Commissioner Elkins
Chair Comstock called the meeting to order at 11:30 a.m. This study session was held virtually via
ZOOM and was streamed and recorded on the Town of Estes Park YouTube channel.
Town Administrator Travis Machalek addressed the Planning Commission for the first time since it
was reformed as the Estes Park Planning Commission (EPPC) in April of 2020. He spoke on long-
term endeavors and changes in the Community Development Department. Staff will work on setting
up a joint meeting between the Town Board and the EPPC to discuss the Comprehensive Plan
rewrite and the Strategic Plan, which are woven together and rely on each other. He suggested that
the EPPC members look at the Town Board Strategic Plan to see how it aligns with the Comp Plan.
Feedback on the best way to keep the Town Board and EPPC aligned is welcome. He opened up
the discussion for questions from the Commissioners.
(Discussion is summarized and not necessarily in chronological order)
Vice-Chair Heiser stated that he has felt the EPPC has been doing its own thing and asked what they
should be tackling in the next three years while the Comp Plan is rewritten. Moving forward, continuity
by way of an annual or biannual meeting with the Town Board ensures all are on board with
continuing Code Amendments. The Downtown Plan will be 6-7 years old before the Code rewrites
will be completed. Implementing current aspects of the Downtown Plan right now would be helpful
and integral to the future work we are about to tackle.
TA Machalek answered that the high impact, legitimate issues could and should be tackled now.
Structural changes can bridge the gap between TB and EPPC, despite COVID and online meetings.
Director Hunt spoke on his 10 page Code Amendment list, which was put together in a memo written
in 2017. Setting a target of several amendments per year, depending on staff workload, is a good
plan. The ability to implement the Downtown Plan (building height) involves fiscal and regulatory
apparatus. A downtown development authority would help launch much of the Plan.
Chair Comstock also questioned how to tackle the Code Amendment master list and how the EPPC
can start addressing it, both the easy and more time-consuming issues.
Town Trustee MacAlpine mentioned that the Town Board hasn't discussed Planning Com
items and suggested that the Code Amendment list be shared with the Town Board. Page 29
Planning Commission Study Session March 16, 2021 –Page 2
Town Attorney Kramer suggested developing a Code Amendment referral at the Town Board level
(formal or informal). The staff would bring a general idea for a Code Amendment to the Board and
make sure they get a "thumbs up" from the Town Board to move forward and get a recommendation
to the EPPC. That would keep everyone on the right track before putting a lot of time into something.
Director Hunt added that the Town Board received the memo in 2017 and gave "permission" to go
ahead with those Code Amendment suggestions. The time is overripe to provide the Town Board
with specific amendments to move forward, Hunt said.
Commissioner Hanson suggested giving the EPPC marching orders for the new Comp Plan. He
wondered why an EPPC member needs to apply to the CompPAC committee, which conflicts with the
State Statues stating Planning Commission members should make and implement the
Comprehensive Plan. Hunt responded that monthly Study Sessions would be primarily dedicated to
discussing the Comp Plan and sees the EPPC having an active role in that capacity. Kramer stated
that, as a default, State Statutes say it is the Planning Commissions' role to make and adopt the
Comp Plan, not implement it; the Town Board has the final decision to approve and adopt the Plan
and appoint the advisory committee. Compilation of the Plan is done by staff and consultants.
Feedback and input will be taken into consideration, along with community input.
A document elaborating on the Town Board, Planning Commission and Comp Plan Advisory
Committee roles, responsibilities, and interaction levels can be created.
Comprehensive Plan:
Director Hunt described the Comp Plan's current stage, which is approving a contract with the chosen
consulting firm. Nine proposals were received and trimmed down to four interviews. The April 13
Town Board meeting is set for the approval of a contract. CompPAC hopes to have diversity
amongst stakeholders. The Town Board has approved the Bylaws, and Board members Koenig and
MacAlpine have been assigned to pick the committee, envisioned as an 11-member body.
Hanson noted that none of the consultant interviews included the Planning Commission in their
proposals. Hunt responded, saying that there would likely be quarterly meetings with the consultant.
Chair Comstock suggested making the Chair of CompPAC a regular attendee at the EPPC Study
Sessions. Hunt recommended that every other week is the best rhythm for CompPAC to meet.
There has been a meeting with the local Restorative Justice group asking for help in public outreach
and assistance with community problems that might arise during the process. A second group,
funded by the US Forestry Sevice and private foundations, may come on board to assist with wildfire
prevention processes.
Trustee MacAlpine mentioned that the new EPPC member's interview had taken place, and the
candidate should be approved at the March 23 Town Board meeting.
Hunt informed the group that he will be retiring in the Fall. The interview process for his successor
will hopefully involve the Planning Commission members.
Chair Comstock adjourned the study session at 12:40 p.m. Page 30
Planning Commission Study Session March 16, 2021Page 3
Karin Swanlund, Recording Secretary
_____________________________________
Matt Comstock, Chair
Page 31
Page 32
POLICE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Denise Lord, Restorative Justice Manager
Date: April 27, 2021
RE: Resolution 32-21 Approving the 2021 Memorandum of Understanding for
Restorative Justice Joint Programming with the Estes Valley Restorative
Justice Partnership, Inc. and the Estes Valley Public Library District.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Estes Valley Restorative Justice Partnership (EVRJP) has provided Conflict Resolution
Month Programming in collaboration with the Estes Valley Library since 2018. In 2020,
Estes Valley Community Conversations programming between the agencies was
initiated. We would like to formalize this partnership through an agreement.
Present Situation:
This agreement will cover Estes Valley Community Conversations, Conflict Resolution
Month programming and joint activities related to deliberative dialogue and conflict
resolution. The agreement attached has already been approved and signed by the
EVRJP Chair and Library Chair and reviewed by our legal team.
Proposal:
To enter into this agreement for joint programming.
Advantages:
Builds local capacity to engage with difficult issues more collaboratively and
productively. Utilizes skills of both organizations to better reach and serve the Estes
Valley. Combines resources and provides various models for deliberative community
engagement.
Disadvantages:
No negatives at this time.
Page 33
Action Recommended:
Staff recommends approval on the Consent Agenda.
Finance/Resource Impact:
Both the Estes Valley Library and 501c3 of Estes Valley Restorative Justice Partnership
budget funds annually to support the cost of this programming.
Level of Public Interest
Staff believes that this topic is of high interest to the library, patrons and members of the
community.
Sample Motion:
I move for the approval of Resolution 32-21.
Attachments:
1.Resolution 32-21
2.MOU between the Estes Valley Restorative Justice Partnership, the Town of
Estes Park and the Estes Valley Public Library District.
Page 34
RESOLUTION 32-21
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE ESTES
VALLEY RESTORATIVE JUSTICE PARTNERSHIP, INC., THE TOWN OF ESTES
PARK, AND THE ESTES VALLEY PUBLIC LIBRARY DISTRICT REGARDING
RESTORATIVE JUSTICE JOINT PROGRAMMING
WHEREAS, the Town Board wishes to enter the agreement referenced in the title
of this resolution for the purpose of for Deliberative Engagement and Conflict Resolution
Month Programming.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the agreement referenced
in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 35
MEMORANDUM OF UNDERSTANDING
REGARDING RESTORATIVE JUSTICE JOINT PROGRAMMING
This Memorandum of Understanding Regarding Deliberative Engagement and Conflict
Resolution Month Programming ("Agreement") is made and entered into by and between the
ESTES VALLEY RESTORATIVE JUSTICE PARTNERSHIP, INC. ("RJ"), a Colorado
nonprofit corporation, THE TOWN OF ESTES PARK ("Town"), a Colorado municipal
corporation, and the ESTES VALLEY PUBLIC LIBRARY DISTRICT ("Library"), a quasi
municipal corporation and political subdivision in the State of Colorado ( each a "Party" and
collectively the "Parties").
RECITALS
A.The Parties desire to offer services that build local capacity to engage with difficult
issues more collaboratively and productively.
B.RJ is a unique alliance formed in 2002 between the Estes Valley community and
Estes Park Police Department. The vision of this partnership was to invite the
community to join with the Estes Park Police Department in providing restorative
justice services to the Estes Valley.
C.The Parties together provide programming for Conflict Resolution Month, which
takes place each October. The purpose of Conflict Resolution Month is to promote
collaborative problem-solving, civility, and meaningful conversations, and better
equip individuals in resolving conflict. Conflict Resolution Month may include,
without limitation, book recommendations and facilitated programs.
D.The Parties together provide programming for Community Conversations, facilitated
programs open to the public to discuss challenging issues.
E.From time to time, the Parties also together collaborate on ad hoc events, programs
and clinics related to conflict resolution.
F.The aforementioned programs and services shall herein be referred to as the Joint
Activities.
G.The Parties intend this Agreement to memorialize their respective roles and
responsibilities regarding the Joint Activities.
Attachment 2
Page 36
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Parties agree as follows:
SECTION 1. DUTIES AND RESPONSIBILITIES OF THE PARTIES
1.01 RJ and Library will organize, publicize and co-host the Joint Activities.
1.02 RJ and Library shall work together to achieve unified messaging and context for
collaborative programming. Such programs shall be promoted through the
marketing avenues of both the Library and RJ.
1.03 RJ and Library shall each be responsible for its respective website and all
materials thereon, and any other form of electronic or social media platform it
controls, advertising, and all other written material it publishes. Either Party may
request removal of any inappropriate or misrepresentative content from the
other's website, social media, or any other printed material describing a Joint
Activity.
1.04 RJ and Library intend to contribute financially to support Joint Activities.
1.05 RJ and Library shall solicit community insight and support for Community
Conversations program development.
1.06 RJ and Library shall form and utilize a Steering Committee to plan, convene and
develop opportunities for Joint Activities following one or more established
models. RJ and Library shall work with the Steering Committee to identify
content for programming and areas of program development, and to develop
workflow Joint Activities.
1.07 RJ and Library, in consultation with the Steering Committee, shall manage four
additional sub-committees: 1) Process Design, 2) Convening, 3) Facilitation, and
4)Reporting & Analysis. In addition to volunteers, an employee of either RJ or
Library shall be a member of each sub-committee.
1.08 RJ and Library shall have staff representatives present at facilitated Community
Conversation events and whenever introducing the sessions, recognize the
partnership. Introductions shall include the ground rules for engagement with the
intent to l) help the public understand the format, and 2) emphasize the values of
respecting diverse opinions and ideas.
Page 2 of 7
Page 37
1.06 To the extent practicable, the Library and RJ shall distribute evaluation forms to
participants at all programs and request their completion and return.
SECTION 2. DUTIES AND RESPONSIBILITIES OF THE LIBRARY
2.01 The Library shall provide recommendations for program plans and content and
meeting spaces (both physical and virtual) to hold Joint Activities.
2.02 The Library shall organize forums to connect community members with local
experts, stakeholders and community leaders.
2.03 The Library shall manage reporting and analysis functions, compiling written
summaries and outcomes from facilitated Community Conversations.
2.04 The Library shall coordinate registration for all collaborative events and
programming, and will share participant information with RJ necessary to conduct
the event. However due to library confidentiality policies and State of Colorado
privacy law, no participant data will otherwise be shared with RJ.
2.05 The Library shall send follow-up surveys by email to all program attendees and
share all program feedback with RJ.
2.06 The Library shall not allow any volunteer to participate in a Joint Activity unless
the volunteer has been provided in advance a copy of the Town's adopted
Volunteer Manual and has executed a release, waiver, and indemnification in a
form and manner preapproved by the Town.
SECTION 3. DUTIES AND RESPONSIBILITIES OF RJ
3.01 RJ shall manage process design and facilitation functions for Joint Activities.
3.02 RJ shall recruit, accept, train and coordinate volunteer facilitators who will guide
Joint Activities.
3.03 RJ shall be responsible for providing copies of the Town's adopted Volunteer
Manual to Joint Activities volunteers.
3.04 RJ shall make all determinations regarding volunteer suspension and removal, and
shall be responsible for communicating such determinations.
Page 3 of 7
Page 38
SECTION 4. TERM OF AGREEMENT
This Agreement shall commence on its effective date, and will be reviewed on an annual basis
by the Parties. It may be updated, modified or amended upon agreement by all Parties. This
Agreement shall continue in effect for each ensuing year unless terminated in accordance with
Section 5 below.
SECTION 5. TERMINATION
Any Party may terminate this Agreement by providing 90 days' advance written notice to the
other Parties. If the Agreement is terminated by any Party, steps shall be taken to ensure that the
termination does not affect any prior obligation, project or activity already in progress.
SECTION 6. INDEMNIFJCA TION
To the extent permitted by law, the Library agrees to indemnify and save harmless the Town and
RJ for any liability whatsoever related to the Joint Activities arising out of the acts or omissions
of the Library, its officers, employees or agents, or arising out of acts or omission on Library
property. RJ agrees to indemnify and save harmless the Town and the Library for any liability
whatsoever related to the Joint Activities arising out of the acts or omissions of RJ, its officers,
managers, directors, employees or agents, or arising out of acts or omission on Town or RJ
property. To the extent legally allowed and not addressed above, the Town agrees to indemnify
and save harmless the Library and RJ for any liability arising out of the negligent acts of the
Town's officers, employees or agents who are not officers, employees, or agents of RJ. The
Parties hereto understand and agree that the Town and Library, their officers, employees, and
volunteers are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time-to-time
amended, or otherwise available by other provision of law to the Town or Library or their
officers, employees, or volunteers.
SECTION 7. ASSIGNMENT
No Party to the Agreement shall, directly or indirectly, assign or purport to assign this
Agreement or any of its rights or obligations in whole or in part to any third party without the
prior written consent of the other Parties.
Page 4 of 7
Page 39
SECTION 8. NO WAIVER
The failure of any Party to enforce at any time any of the provisions, rights, or to exercise any
options provided herein, shall in no way be considered to be a waiver of such provisions, rights
or options or in any way affect the validity of the Agreement. The failure to exercise by any
Party any of its rights herein or any of its options under the terms or conditions herein contained
shall not preclude or prejudice it from exercising the same or any other right it may have under
this Agreement, irrespective of any previous action or proceeding taken by it hereunder.
SECTION 9. COMPLETE AGREEMENT
This Agreement is the complete agreement of the Parties; may be amended or modified only in
writing; and supersedes, cancels and terminates any and all prior agreements or understandings
of the Parties, whether written or oral, concerning the subject matter hereof.
SECTION 10. CHOICE OF LAW
This Agreement shall be governed by and construed and interpreted according to the laws of the
State of Colorado. It shall be binding upon and inure to the benefit of the successors of the
Parties.
SECTION 11. NOTICE PROVISIONS
When any of the Parties desire to give notice to the other, such notice must be in writing sent by
US Mail, postage prepaid, addressed to the party for whom it is intended at the place last
specified; the place for giving notice shall remain such until it is changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate the
following as the respective places for giving notices:
To Town:
Town of Estes Park
Attn: Town Administrator
PO Box 1200
Estes Park, CO 80517
Page 5 of 7
Page 40
To RJ:
Estes Valley Restorative Justice
Partnership, Inc.
Attn: EVRJP Chair
PO Box 1287
Estes Park, CO 80517
To Library:
Estes Valley Library
Attn: Director
PO Box 1687
Estes Park, CO 80517
SECTION 12. FAIR MEANING
Any tribunal enforcing this Agreement shall construe it as to its fair meaning, and not for or
against any Party based on attribution to a Party of the language in question.
SECTION 13. BENEFICIARIES. This Agreement is for the sole benefit of and binds the
Parties, their successors and assigns. This Agreement affords no claim, benefit, or right of action
to any third party. Any party besides one of the Parties receiving services or benefits under this
Agreement is only an incidental beneficiary.
SECTION 14. FINANCIAL OBLIGATIONS. All Parties' financial obligations under this
Agreement are contingent upon appropriation, budgeting, and availability of specific funds to
discharge those obligations. Nothing in this Agreement constitutes a debt, a direct or indirect
multiple fiscal year financial obligation, a pledge of credit, or a payment guarantee.
SECTION 15. SEVERABILITY. Invalidation of any specific provisions of this Agreement shall
not affect the validity of any other provision of this Agreement.
Page 6 of 7
Page 41
SECTION 16. AUTHORITY. The Parties warrant that they have taken all actions necessary or
required by their own procedures, bylaws, or applicable law, to authorize their respective
signatories to sign this Agreement for them and to bind them to its terms.
SECTION 17. COUNTERPART SIGNATURES. This Agreement shall become effective only
when the Town receives one or more copies duly signed by all Parties. Parties may sign separate
duplicates of this agreement. So long as all Parties sign, the signed duplicates shall constitute
one Agreement, and the Agreement shall be effective as to all Parties.
Mike Garcia, Chair
Estes Valley Restorative Justice Partnership
....i6hn Krueg9';'Chai}
Estes Valley Public Library District
Wendy Koenig, Mayor
Town of Estes Park
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
04/02/2021
Date
Date 1
Date
Page 7 of 7
Page 42
POLICE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Wes Kufeld, Chief of Police
Date: April 27, 2021
RE: Resolution 33-21 Approving the 2021 Intergovernmental Agreement for
School Resource Officer Services with the Park R-3 School District.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The Police Department has provided School Resource Officer (SRO) services to the
Park School District R-3 since 2005. Annual agreements have been signed since the
inception of the program. Several years ago, we moved to multi-year agreements.
Present Situation:
This agreement will cover the school years 2021-2022, 2022-2023, and 2023-2024.
The amount the district contributes to this position will not change during this period.
The agreement attached has already been approved and signed by the Superintendent
of the schools and reviewed by our legal team.
Proposal:
To continue this agreement for the next 3 school years.
Advantages:
To have an officer in the schools during the school year has many advantages. Not
only the presence of an armed officer for any criminal activity or possible threats, the
school resource officer builds trust among the students and faculty and regularly
presents information to all levels of students. The school resource officer is well
respected in the district.
Disadvantages:
No negatives at this time.
Action Recommended:
Staff recommends approval on the Consent Agenda.
Page 43
Finance/Resource Impact:
The district budgets $40,000 annually to offset the cost of the School Resource Officer.
Level of Public Interest
Staff believes that this topic is of high interest to the school district, the faculty, students
and parents.
Sample Motion:
I move for the approval of Resolution 33-21.
Attachments:
1.Resolution 33-21
2.Agreement between the Town of Estes Park and the Estes Park School
District R-3
Page 44
RESOLUTION 33-21
APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
ESTES PARK AND THE ESTES PARK SCHOOL DISTRICT R-3 FOR SCHOOL
RESOURCE OFFICER SERVICES
WHEREAS, the Town Board wishes to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of School Resources Officer
services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 45
AGREEMENT
This AGREEMENT ("Agreement"), made and entered into this_ day of ___ _
for the 2021-2022, 2022-2023, 2023-2024 school years, by and between:
ESTES PARK SCHOOL DISTRJCT R-3
(hereinafter refeITed to as DISTRJCT''), AND;
TOWN OF ESTES PARK
(hereinafter refe1Ted to as "TOWN")
WITNESSETH:
WHEREAS, the DISTRJCT desires the TOWN to have a police officer serve as a School
Resource Officer in all of its schools to assist in maintaining safe school environments, to improve
school law enforcement collaboration, and to improve perceptions and relations between students,
staff and law enforcement officials.
WHEREAS, the DISTRJCT and the TOWN both recognize the outstanding benefits that
the School Resource Officer program has for the citizens of Estes Park and particularly for the
students attending the DISTRJCT'S schools. The parties agree that it is in the best interests of the
DISTRJCT, the TOWN, and the citizens of the community to continue the program as set forth in
this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
SECTION 1. DUTIES AND RESPONSIBILITIES OF THE TOWN
1.1 TOWN serving as the sole and primary Law Enforcement jurisdiction, shall provide; for
the 2021-2022, 2022-2023, 2023-2024 school years, when school is in session, one (1)
School Resource Officer, (hereinafter refe1Ted to as SRO) to the school campus operated
by the DISTRJCT.
Estes Park R-3 Elementary
1505 Brodie Avenue
Estes Park, Colorado 80517
Estes Park R-3 Middle School
1500 Manford Avenue
Estes Park, Colorado 80517
Estes Park R-3 High School
1600 Manford A venue
Estes Park, Colorado 80517
Attachment 2
Page 46
1.2 The SRO shall abide by DISTRICT Policies, regulations, and TOWN Policies, rules and
regulations.
1.3 TOWN shall be responsible for the supervision, control, and direction of all aspects of
employment of the police officer assigned to the SRO Program. However, the TOWN shall
solicit input from the principals and Superintendent each year for evaluation and program
effectiveness of the SRO program.
1.4 TOWN shall ensure that the exercise of the law enforcement powers by the SRO is in
compliance with the authority granted by law.
1.5 The SRO shall not function as a school disciplinarian or security officer, and shall not
intervene in the normal disciplinary actions of the school system, nor be used to witness
any disciplinary procedures in the school. The SRO, at all times, will be expected to act
within the scope of authority granted by law as a police officer and shall be expected to the
following:
(a)To perfmm daily law enforcement functions within the school setting.
(b)To respond to emergency situations for the protection of students and staff consistent
with the SRO's responsibility.
( c)To identify and mitigate, through counseling and refe11'al, delinquent behavior,
including substance abuse.
(d)To foster a better understanding of the law enforcement function.
( e)To develop positive concepts of law enforcement.
(f)To develop a better appreciation of citizen rights, obligations and responsibilities.
(g)To provide infmmation about crime prevention.
(h)To provide assistance and support for crime victims identified within the school
setting, including abused children.
(i)To promote positive relations between students and law enforcement officers.
G)To enhance knowledge of the fundamental concept and structure of law.
(k)To provide to students instruction in various aspects of law enforcement and
education, emphasizing an educational component for students concerning policing
practices and enforcement initiatives related to juvenile behavior. The SRO shall
consult and coordinate instructional activities through the school principals.
(1)To participate each year with career activities held by the schools.
(m)To meet, when requested, with the Superintendent or her/his designee for the purpose
of reviewing the educational needs of the schools relating to the SRO.
(n)To provide inf01mation and repmis allowed and required by Colorado law to the
Superintendent or her/his designee relating to enrolled students within the Estes Park
R-3 School District and as it pertains to the Attorney General's Order -Information
sharing.
( o)To suppmi specific administrative actions taken by the building administrators and
the Superintendent in maintaining a drug free school environment, only when asked
by the Superintendent of schools and subject to Supervisor's approval.
Page 47
(p)The SRO may, when requested, work closely with the schools' primary emergency
service provider for the coordination and planning of all crisis situations that
potentially affect campus safety.
( q)The TOWN shall ensure the SRO receives annual and updated training relevant to
providing police services within the school environment.
1.6 Qualifications for officer assignment to the SRO program are:
(a)The applicant must be a full-time peace officer, with full police authority as defined
by C.R.S. §18-1-901(3)(1)(1).
(b)Shall possess knowledge of the applicable Federal and State laws. City and County
ordinances, and Estes Park School District policies and regulations.
( c)Shall have access to police resources to conduct criminal investigations.
( d)Shall possess even temperament and set a good example for students.
( e)Shall possess communication skills that would enable the officer to function
effectively within the school environment.
1.7 The TOWN reserves the right to change the officer assigned to SRO duties during the
course of the agreement.
1.8 The SRO shall be on duty at the school 40 hours per week or five (5) school days per week,
as determined by and at the sole discretion of the town, during regular school hours when
students are required to attend, subject to the absence of the SRO for police department
emergency needs, training needs or law enforcement requirements prohibit. If an absence
must occur during scheduled days, due to vacation, sick or training time, the SRO or
depaiiment will notify the Administrative Assistant of the Superintendent, of the SRO's
absence. Patrol Officers, while performing their regulai· patrol duties, will respond to calls
for service, perform extra checks and walkthroughs and or offer supp01i in the absence of
the SRO. During non-scheduled days, district personnel will contact dispatch for police
services. The TOWN reserves the right to amend this commitment if staffing levels dictate
that they do so.
SECTION 2. DUTIES AND RESPONSIBLITIES OF DISTRICT
2.1 The principal or his/her designee at the designated school shall be the on-site contact person
for the SRO and shall be responsible for communicating the day-to-day need of service
from the SRO. The Superintendent shall ensure the SRO Program supp01is meeting the
mission and vision of the DISTRICT within the school district. The Superintendent of
Schools shall assign a designee to serve as the district liaison for the program.
2.2 The DISTRICT agrees to provide the SRO an office to conduct matters of confidentiality
with a desk, necessary office fumishings and a telephone.
2.3 The DISTRICT shall maintain control over the content of all educational programs and
instructional materials.
Page 48
2.4 SRO's shall have access to educational records under the following conditions:
(a)Law enforcement access to educational records shall be in compliance with all
applicable laws and regulations as it pertains to the Attorney General's Order relating
to information sharing.
(b)The SRO shall have access to confidential educational records to perform work that
is directly related to their duties at the school.
(c)Law Enforcement access to records for purposes outside the scope of the SRO's duties
at the school shall be limited to:
(1)Public infmmation, such as yearbooks or student directory information.
(2)Information needed in an emergency to protect the health or safety of the
student or other individuals, based on the seriousness of the threat to
someone's health or safety; the need of the information to meet the
emergency situation and the extent to which time is of the essence.
(3)If confidential student records info1mation is needed, but no emergency
situation exists, the information, depending on the situation, may be
released by the school Principal or Superintendent. Otherwise, the records
will be made available by the issuance of a search warrant or subpoena.
( d)Law Enforcement records shall be made available by the Police Department to the
Principal, Superintendent or designee, as described and in accordance to the Attorney
General's Order pertaining to information sharing.
SECTION 3. FINANCIAL SUPPORT OF SRO POSITION
3 .1 This agreement shall be made for the duration of three (3) school years, beginning the first
day of student attendance through the last day of student attendance each year.
3 .2 This agreement shall continue in effect until the duration of the term described in paragraph
3 .1 or until te1minated by either of the paiiies in accordance with the terms listed in Section
4 below.
3.3 The DISTRICT has agreed to pay $40,000 annually to help cover a portion of the cost of
the SRO position in the Schools for the 2021-2022, 2022-2023, 2023-2024. The TOWN
shall invoice the DISTRICT every January for the full amount.
SECTION 4. TERMINATION
4.1 Either paiiy may terminate this agreement by serving written notice upon the other paiiy
at least thirty (30) days in advance of such te1mination.
SECTION 5. INVALID PROVISION
Page 49
5.1 Should any part of this Agreement be declared invalid by a court of law, such decision shall
not affect the validity of any remaining portion which shall remain in full force and effect
as if the invalid portion was never a pati of this Agreement when it was executed. Should
the severance of any part of this Agreement materially affect any other rights or obligations
of the paiiies hereunder, the paiiies hereto will negotiate in good faith to amend this
Agreement in a inanner satisfactory to the paiiies. Failing agreement on such amendment,
either party may by notice in writing, terminate this Agreement forthwith subject to the
provisions of this Agreement relating to termination.
SECTION 6. INDEMNIFICATION
6.1 The DISTRICT agrees to indemnify and save harmless the TOWN for any liability
whatsoever arising out of the negligent acts of the DISTRICT's employees or agents. To
the extent permitted by law, the TOWN agrees to indemnify and save harmless the
DISTRICT of any liability whatsoever arising out of the negligent acts of the School
Resource Officer or the TOWN. Nothing in this Agreement shall be construed to affect in
any way the TOWN or the DISTRICT's rights, privileges, and immunities, including
sovereign immunity as provided by law. The paiiies hereto understand and agree that the
DISTRICT, the TOWN, and their officers and employees are relying on, and do not waive
or intend to waive by any provision of this Agreement, the monetary limitations or any
other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, C.R.S. 24-10-101 et seq., as from time-to-time amended, or otherwise
available by other provision of law to either patiy, their officers, or their employees.
SECTION 7. ASSIGNMENT
7.1 Neither patiy to the Agreement shall, directly or indirectly, assign or purpmi to assign this
Agreement or any of its rights or obligations in whole or in paii to any third paiiy without
the prior written consent of the other patiy.
SECTION 8. NO WAIVER
8.1 The failure of either patiy to enforce at any time any of the provisions, rights, or to exercise
any elections provided, shall in no way be considered to be a waiver of such provisions,
rights or elections or in any way effect the validity of the Agreement. The failure to
exercise by either patiy any of its rights herein or any of its elections under the terms or
conditions herein contained shall not preclude or prejudice it from exercising the same or
any other right it may have under this Agreement, irrespective of any previous action or
proceeding taken by it hereunder.
SECTION 9. COMPLETE AGREEMENT
9 .1 This Agreement is the complete Agreement of the patiies; may be amended or modified
only in writing; and supersedes, cancels and terminates any and all prior agreements or
understandings of the parties, whether written or oral, concerning the subject matter hereof.
Page 50
SECTION 10. CHOICE OF LAW
10 .1 This Agreement shall be governed by and construed and interpreted according to the laws
of the State of Colorado. It shall be binding upon and inure to the benefit of the successors
of the TOWN and DISTRICT.
SECTION 11. NON-DISCRIMINATION PROVISION
11.1 The parties shall not discriminate against any employee or patiicipant in this program
because of race, age, religion, color, gender, national origin, marital status, disability, or
sexual orientation.
SECTION 12. NOTICE PROVISIONS
12.1 When any of the patiies desire to give notice to the other, such notice must be in writing
sent by US Mail, postage prepaid, addressed to the party for whom it is intended at the
place last specified; the place for giving notice shall remain such until it is changed by
written notice in compliance with the provisions of the paragraph. For the present, the
patiies designate the following as the respective places for giving notices:
To DISTRICT:
To TOWN:
SECTION 13. AUTHORITY
Superintendent of Schools
Estes Park School District R-3
1601 Brodie A venue
Estes Park, Colorado 80517
Town Administrator
Town of Estes Park
P.O. Box 1200
Estes Park, Colorado 80517
13 .1 Each person signing this Agreement on behalf of either patiy individually warrants that
he/she has full legal power to execute this agreement on behalf of the patiy for whom
he/she is signing, and to bind and obligate such patiy with respect to all provisions
contained in this Agreement.
IN WITNESS WHEREOF, the patiies hereto have duly executed this Agreement as of the day and
year first written above.
(Signature page to follow.)
Page 51
ESTES PARK SCHOOL DIS RICT R-3
Date:
TOWN OF ESTES PARK
By: _________ _ Date: -----Wendy Koenig
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FOR M:
Town Attorney
Page 52
UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Project Manager Swoboda, Superintendent Eshelman, Director Bergsten
Date: April 27, 2021
RE: Resolution 34-21 Approving the Contract for the Replacement of
Telemetry and Networking for the Town’s Water SCADA System with
Timber Line Electric & Control Corporation, $218,674, Budgeted.
(Mark all that apply)
☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☒CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________
QUASI-JUDICIAL ☐ YES ☒ NO
Objective:
We seek approval of this resolution to support high-quality, reliable, and efficient potable
water service to benefit our customers, guests, and employees.
Present Situation:
The Water Division uses a Supervisory Control and Data Acquisition (SCADA) system
to provide continuous monitoring and control of the water system. SCADA systems
improve the efficiency and quality of operations with algorithms for process control and
event triggered alarms to remotely call for operator intervention as needed. SCADA has
eliminated the necessity for the three shifts required to provide 24/7 physical monitoring
of the Town’s water system.
Portions of the existing SCADA system are over twenty years old. Additionally, the
American Water Infrastructure Act (AWIA) of 2018 includes requirements cybersecurity
and resiliency requirements which can only be met with today’s SCADA hardware.
The Water Division worked with our long-time vendor, Timber Line Electric & Control
Corporation (TLECC), to develop a design to replace the aging elements of our SCADA
Telemetry and Networking equipment.
Proposal:
Staff proposes the approval of the resolution to accept the contract for the SCADA
system improvements.
Page 53
Advantages:
•The new equipment will improve our system reliability
•The new system will support our efforts to comply with AWIA requirements
•We can avoid emergency repair costs when the old hardware fails
•The new design enhances reliability with redundant network connectivity
Disadvantages:
The work will cost money; however, the replacement of SCADA was anticipated and
included in the approved budget.
Action Recommended:
Staff recommends approval of the resolution.
Finance/Resource Impact:
The 2021 budget includes project funding up to $289,732. This budget will cover the
$218,674 for the contract plus contingency.
Level of Public Interest
Low
Sample Motion:
This resolution is on consent. If removed from consent, a sample motion would be:
I move for the approval of Resolution 34-21.
Attachments:
1.Resolution 34-21
2.Professional Services Contract for the Replacement of Telemetry and
Networking for the Town’s Water SCADA System, including Contract General
Conditions and Contractor’s Proposal as Exhibits A and B.
Page 54
RESOLUTION 34-21
APPROVING A PROFESSIONAL SERVICES CONTRACT
FOR THE REPLACEMENT OF TELEMETRY AND NETWORKING FOR THE TOWN’S
WATER SCADA SYSTEM
WHEREAS, the Town Board desires to enter into the professional services
contract referenced in the title of this resolution for professional services related to the
Water Division’s Supervisory Control and Data Acquisition (SCADA) system.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the Timber Line Electric &
Control Corporation professional services contract referenced in the title of this resolution,
in substantially the form now before the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 55
TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT FOR THE REPLACEMENT OF TELEMETRY
AND NETWORKING FOR THE TOWN’S WATER SCADA SYSTEM
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Timber Line Electric & Control Corporation, (Contractor), a Colorado corporation, whose
address is P.O. Box 793, Morrison, CO 80465-0450, make this Contract this __________ day of
____________________, 2021, at the Town of Estes Park, Colorado, considering the following
facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Contractor outlined in Contractor's Proposal and
in Section 3 “Scope of Services” (collectively, “Services”); and;
1.2 Contractor has agreed to provide the Services, on the terms and conditions stated in
this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 Notice of Award;
2.5 Contract General Conditions (attached as Exhibit A);
2.6 Contractor’s Proposal, entitled “TLECC Quotation J5864” (attached as Exhibit B);
2.7 Contractor's Proposed Updated Telemetry Schematic;
2.8 Insurance Certificates; and
Attachment 2
Page 56
Page 2 of 14
2.9 Credit Reference Letter: Contractor shall supply a credit reference letter acceptable to
the Town prior to receiving a notice to proceed.
3 SCOPE OF SERVICES: Contractor shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated below:
3.1 The installation of a Stratus Server at the Water Shop and establish three thin clients,
one each at Glacier Plant, Water Shop, and Marys Lake Plant. The data between
these locations will be provided by:
3.1.1 Establishing network connectivity between "Repeater" and the Water Shop.
3.1.2 Utilizing existing town "microwave fiber" to Glacier, and fiber to Marys Lake.
3.1.3 Move Motorola Field Interface Unit (FIU) to the repeater tower (legacy repeater is
removed), and establish network connectivity to the shop. The FIU will have one
radio.
3.1.4 Set up cellular communications for four sites: Water Shop, Marys, Glacier, and the
FIU on Prospect. (Contingent on Bureau of Reclamations (BOR) to allow addition
of small cell antenna on their building.)
3.2 Cost components of the work follows:
3.2.1 Stratus server with three thin client V-sphere licensing and three thin client
computers with 32" monitors. (Computer server equipment is order due to long
lead time.) Includes the first year of extended support and on-site deployment and
startup. Estes Park current software Win911 will be supported during installation,
up to four hours of support. Also includes Shadow Protect back up software with
NAS drive.
Total: $76,306.00
(Note: This value includes $46,525.00 for the long lead computer server equipment
already on order.)
3.2.2 Redundant broadband communications for Status/thin client system (if Town fiber
fails). Includes four Checkpoint firewall cell modems and installation at four sites.
These firewall/cell modems should meet AWIA standards. (Town to pay monthly
cell fees.)
Total: $21,644.00
3.2.3 Two double inversion tower-style 2KVA UPS units for backup power and power
conditioning for server sections in the Stratus. Includes a total of four extended
battery packs (two per UPS) and two web-monitoring modules.
Total: $4,892.00
3.2.4 Connection from FIU at Prospect to Stratus via Fiber: Move existing FIU to
Prospect inclusive of existing 900mhz SD9 radio. Reconnect existing antenna
system. Add Double inversion UPS for mounting on 19" rack. Also includes
Page 57
Page 3 of 14
rewriting the FIU app to only accommodate one FIU. Design and latest radio
survey time is included.
Total: $24,175.00
3.2.5 In-office time to change RTU programming for 14 sites to the standard STS app.
Includes five days for field technician to visit each remote site and load new
program and install new addressing for the FIU. Also includes two days at the
computer to test all data streams.
Total: $19,829.00
3.2.6 Eighteen (18) MDS SD9 radios: 15 remote sites, one for cold spare FIU, and two
for shelf stock. Also includes radios frequency tuning for each radio, a $150
(average) per-site budget for antenna repairs, custom MDS to ACE cables, and 40
hours of field time to install the radios and check/repair antenna systems.
Total: $47,128.00
3.2.7 Two programmers for two days each to research and document the data to-from the
distribution system and the two water plants, and the data flow between the AB
PLC at Marys and the ACE at Marys.
Total: $6,900.00
3.2.8 For fully redundant communication network, a second set of checkpoint firewalls at
four cell modem locations are added. The extra Checkpoint routers will provide for
a fully redundant communication system for EACH of the Town fiber and Cell
networks. Timber Line will add two (redundant) managed Cisco Ethernet switches
at each of the three locations. The two managed Ethernet switches per site will help
to separate the STRATUS network from the ACE network and from the Business
network. Contractor will set up all of these at their office for full staging of the
communications and firewalls prior to deployment. Rack-mounting brackets have
been included for the devices above.
Total: $8,300.00
3.2.9 Contingency labor has been set for the following work:
3.2.9.1 Research/resolve/create new screens in Wonderware that will display WTP data
on the Stratus server. This is needed to understand if there are some data-points
that only show up on one of the existing servers.
3.2.9.2 Working with the requirements or availability of the Town's IT department.
3.2.9.3 Provide assistance in establishing Verizon account/ data-plans/ and static IP
addresses.
3.2.9.4 Other unknowns.
3.2.9.5 All contingency labor shall be invoiced as accrued and documented accordingly.
Labor rates are $141.00 per hour including portal to portal time. Mileage to be
invoiced per IRS rate.
Total: $9,500.00
Total Contract: $218,674.00
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4 BEGINNING WORK AND COMPLETION SCHEDULE: The Contractor shall begin
services under this Contract upon receiving Town’s notice to proceed. Contractor shall
timely perform its Services within 6 months of the notice of award. This duration may be
extended by the Town if the worldwide computer chip shortage impacts delivery of
equipment.
5 PRICE: The Town will pay Contractor for the performance of this Contract, not to exceed
$218,674.00 Equipment and Services performed as stipulated in Section 3, SCOPE OF
SERVICES. This Contract does not create a multiple fiscal year direct or indirect debt or
other financial obligation. Each request for service shall incur a concurrent debt for that
request only. All financial obligations of the Town under this Contract are contingent upon
appropriation, budgeting, and availability of specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONTRACTOR: The Contractor shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Project since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Contractor of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Contractor of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Contractor under the following conditions:
7.1 Contractor fails to promptly pay all bills for labor, material, or services of Contractors
furnished or performed by others to perform Services.
7.2 Contractor is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONTRACTOR'S DUTIES:
8.1 Town enters into this Contract relying on Contractor’s special and unique abilities to
perform the Services. Contractor accepts the relationship of trust and confidence
established between it and the Town by this Contract. Contractor will use its best
efforts, skill, judgment, and abilities. Contractor will further the interests of Town
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according to Town’s requirements and procedures, according to high professional
standards.
8.2 Contractor has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Contractor shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Contractor’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Contractor's same profession under the same or similar circumstances.
8.4 Contractor's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Contractor's duties, since Town ultimately relies upon
Contractor's skill and knowledge.
8.5 The Contract Documents determine whether the Contractor's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Contractor will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Contractor (by the Town or any other party) that Contractor knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Contractor's
purposes.
8.6 Contractor shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Contractor may
attend.
8.7 As applicable state and federal laws may require, Contractor will assign only persons
duly licensed and registered to do work under this Contract.
8.8 Contractor shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Contractor shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Contractor shall make them available for the Town's inspection at all
reasonable times. Contractor shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Contractor on the Town's requirements in a
timely manner.
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9.2 Town will assist the Contractor by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Contractor
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Contractor to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Contractor in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Contractor’s Services.
9.5 Town will give prompt written notice to the Contractor when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Contractor may have limited involvement after the completion
of this Agreement and lacks control of the future use of Contractor's work. Except for
deficiencies in Contractor’s performance under this Agreement, future use and interpretation
of Contractor’s work is at the risk of Town or other users.
10.1 The Contractor will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Contractor or Contractor’s subcontractors under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Contractor shall treat all such material
and information as confidential, and Contractor shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Contractor shall deliver to the Town a complete, reproducible set
of all such materials. For copyright ownership under the Federal Copyright Act, Contractor
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Contractor or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Contractor's standard documents for similar projects, and
in Contractor’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Contractor.
All design documents, including drawings, specifications, and computer software prepared
by Contractor according to this Contract comprise Contractor's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
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written verification or adaptation by Contractor for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Contractor. Except as required for
performance under this Contract, Contractor's verification or adaptation of design documents
will entitle Contractor to additional compensation at such rates as the Contractor may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order. Town shall issue no Change Order or other form of order or directive
requiring additional compensable work that will cause the Price to exceed the amount
approved.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Linda Swoboda, Project Manager
P.O. Box 1200
Estes Park, CO 80517
CONTRACTOR:
Bill Howard, Project Manager
P.O. Box 793
Morrison, CO 80465-0793
14 COMPLIANCE WITH LAW: Contractor will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Contractor shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Contractor follows the safety regulations issued by OSHA.
15 PERMITS AND LICENSES: The Contractor shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Contractor shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Contractor shall maintain such coverages for the
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insurance listed in Paragraphs 17.2 and 17.3 for two additional years. For any claims-made
policy, Contractor shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.2 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.3 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Contractor's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.4 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Contractor.
17.5 Contractor shall, upon request, provide Town a certified copy of each required policy.
17.6 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Contractor shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Chris Eshelman, Water Superintendent
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
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mutual and joint benefit and protection of the Contractor and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Contractor, its
officers, employees, agents, subcontractors, or business invitees. They shall be written
as primary policies not contributing to and not in excess of coverage the Town may
carry.
17.7 Contractor shall not cancel, change, or fail to renew required insurance coverages.
Contractor shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.8 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.9 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
17.10 Contractor shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors
("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the
Town, its officers, employees, and agents ("Indemnitees") from all claims, damages,
losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’
fees), of any nature, kind, or description ("Liabilities") by any third party arising out
of, caused by, or resulting from any Services under this Contract if such Liabilities
are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any
person, or to the injury or destruction of any tangible property (including resulting
loss of use or consequential damages) and (2) caused, in whole or in part, by any
error, omission or negligent act of the Contractor, anyone directly or indirectly
employed by it, or anyone for whose acts Contractor may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
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shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Contractor shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Contractor shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Contractor. Contractor shall exercise no
supervision over any employee or official of Town. Contractor shall not represent that it is
an employee or agent of the Town in any capacity. Contractor’s officers, employees and
agents are not entitled to Town’s Workers' Compensation benefits and Contractor is
obligated to pay federal and state income tax on money earned under this Agreement.
Except as this Agreement expressly states, Contractor shall, at its sole expense, supply all
buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance
and other accessories and Services necessary. This Agreement is not exclusive; subject the
terms of this Agreement, Town and Contractor may each contract with other parties.
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Contractor receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Contractor's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence upon approval by the Town Board, and shall
continue through seven (7) months to completion. Any time extension will need to be
agreed upon by both parties.
26 TERMINATION:
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26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Contractor
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Contractor for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Contractor shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by
giving the Contractor written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Contractor shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Contractor, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Contractor may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the
Contractor's Proposal, Contractor may employ subcontractors to perform the Services only
with Town's express prior written approval. Contractor is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subcontractors.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Contractor. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
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33 UNLAWFUL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Contract. Contractor shall not knowingly contract with a subcontractor that (a) knowingly
employs or contracts with an illegal alien to perform work under this Contract or (b) fails to
certify to the Contractor that the subcontractor will not knowingly employ or contract with
an illegal alien to perform work under this Contract.
34 VERIFICATION REGARDING ILLEGAL ALIENS: Contractor has confirmed the
employment eligibility of all employees newly hired for employment to perform work under
this Contract through participation in either the E-verify program administered jointly by the
United States Department of Homeland Security and the Social Security Administration or
the employment verification program of the Colorado Department of Labor & Employment.
35 LIMITATION REGARDING E-VERIFY PROGRAM: Contractor shall not use either E-
verify or Colorado Department of Labor & Employment program procedures to undertake
pre-employment screening of job applicants while performing this Contract.
36 DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Contractor obtains actual
knowledge that a subcontractor performing work under this Contract knowingly employs or
contracts with an illegal alien, the Contractor shall, unless the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien:
(a) notify the subcontractor and the Town within three (3) days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
(b)terminate the subcontract with the subcontractor if, within three days of receiving
notice that the Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien, the subcontractor does not stop employing or contracting
with the illegal alien.
37 DUTY TO COMPLY WITH STATE INVESTIGATION: Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course of an investigation pursuant to C.R.S. 8-17.5-102 (5).
38 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages to follow.
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TOWN OF ESTES PARK:
By:
Title: Mayor Date
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by
, as of the Town of Estes Park, a Colorado municipal
corporation, on behalf of the corporation, this day of , 2021.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
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CONTRACT GENERAL CONDITIONS
SCOPE: Since the General Conditions are general, some conditions may not apply to a
particular Project.
Article 1--DEFINITIONS AND ABBREVIATIONS
1.1 Definitions: Whenever used in the Bidding Documents and Contract Documents, the
following terms shall have the following meanings, applicable to both the singular and plural:
1.1.1 Bonds: A letter of Credit Reference shall be used in place of a Payment and Performance
Bond.
1.1.2 Calendar Days: Includes all days in a month including weekends and holidays.
1.1.3 Change Order: A written modification of the Contract, issued after award to the
Contractor, authorizing an addition, deletion or revision in the Work within the general scope of
the Contract or authorizing an adjustment in the Contract Price or Contract Time, mutually agreed
upon between the Town and the Contractor.
1.1.4 Town: The Town of Estes Park, in the State of Colorado, acting by and through its Mayor,
Town Board of Trustees, Town Administrator, or other authorized representative.
1.1.5 Completion Date: The date the Contract specifies the Work is to be completed.
1.1.6 Contract: The Construction Contract consisting of the Agreement for a Construction
Contract and the incorporated Contract Documents.
1.1.7 Contract Coordinator: The authorized representative of the Town designated to act for
the Town in processing the Award of Contracts, maintaining centralized official Contract
documentation, providing administrative liaison/coordination, legal liaison/coordination via Town
Attorney, and processing of Contract Payment authorizations as approved by the Project Manager.
The Project Manager may also be the designated Contract Coordinator.
1.1.8 Contract Documents: All the documents expressly incorporated into the Construction
Contract, including but not limited to Exhibits to this Agreement, General Conditions, Proposal,
Change Orders, Notice of Final Acceptance, Notice to Proceed, and Notice of Substantial
Completion.
Exhibit A: Contract General Conditions
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General Conditions -- Page 2 of 19
1.1.9 Contract Price: The total monies payable to the Contractor under the terms and conditions
of the Contract.
1.1.10 Contract Time: The amount of time between beginning of Work as set out by the Notice
to Proceed and the time set in the Contract for the Completion of Work
1.1.11 Contractor: The person, company, firm or corporation contracting with the Town to
construct, erect, alter, install or repair any system, work or construction project.
1.1.12 Date of Contract: The execution date in the Agreement for a Construction Contract.
1.1.13 Day: A calendar day of twenty-four hours each.
1.1.14 Field Order: A written order directing a change in the Project issued by the Project
Manager to the Contractor during construction.
1.1.15 Notice of Construction Acceptance: The written acknowledgment that construction is
complete which starts the warranty period.
1.1.16 Notice of Final Acceptance: The written acceptance of Work performed under the
Contract, following satisfactory conclusion of the warranty period.
1.1.17 Notice of Final Settlement: The notice published by the Town in a newspaper, in
accordance with §38-26-107, C.R.S., prior to the Town’s final settlement with the Contractor for
the Work.
1.1.18 Notice to Proceed: The written notice by the Town to the Contractor authorizing it to
proceed with the Work which establishes the Contract commencement and Contract Coordinator.
1.1.19 Notice of Substantial Completion: The written notice of the date, as certified by the
Project Manager, when the Project or a specified part is sufficiently completed, according to the
Contract, so the Project or specified part can be used for the intended purposes.
1.1.20 Owner: The Town; see 1.1.4.
1.1.21 Project: The undertaking to be performed as provided in the Contract.
1.1.22 Project Manager: The authorized representative of the Town, known as the Project
Manager, assigned to the Project to ensure that all Work is performed according to the terms and
conditions of the Contract. The Project Manager may serve as Contract Coordinator, and such
titles may be used synonymously. Also see Article 5, "Project Manager's Responsibilities."
1.1.23 Work: The construction and services required by the Contract, whether completed or
partially completed, including all other labor, materials, equipment and services provided or to be
provided by the Contractor to fulfill the Contractor's obligations. The Work may be the whole or
a part of the Project.
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General Conditions -- Page 3 of 19
1.1.24 Work Days: Includes all days in the month the Contractor is permitted to work; excludes
weekends and holidays, unless otherwise specified in one of the Contract Documents.
Article 2--PRELIMINARY MATTERS
2.1 Notice to Proceed
2.1.1 Following the execution of the Contract by the Parties, the Project Manager will give the
Contractor written Notice to Proceed with the Work. The Contractor shall begin and continue the
Work regularly and without interruption (unless otherwise directed in writing by the Project
Manager) with the diligence and efficacy necessary to complete the Work within the time stated
in the Contract.
2.2 Contractor's Understanding
2.2.1 The Contractor agrees that, by careful examination, it is satisfied as to the nature and
location of the Work, the character of equipment and facilities needed before beginning the Project,
the general and local conditions, and all other matters, which can in any way affect the Work under
the Contract. No oral agreement with any officer, agent or employee of the Town either before or
after the execution of the Contract shall affect or supersede any of the terms or obligations
contained in the Contract. No portion of the Work shall be constructed under conditions that would
affect adversely the quality or efficiency thereof unless special means or precautions are taken by
the Contractor to perform the work in a proper and satisfactory manner. Any method of work
suggested by the Town, but not specified, shall be used at the risk and responsibility of the
Contractor, and the Town shall have no responsibility therefor. The Contractor alone shall be
responsible for the safety, adequacy, and efficiency of the plan, equipment, and methods.
2.3 Contractor's Warranty
2.3.1 The Contractor warrants that it has the knowledge, ability, experience, and expertise to
perform the Work competently. The Contractor warrants the capacity of the Contractor's work
area, personnel, and its ability to complete the Project within the allotted time.
2.4 Contractor's License and Permits
2.4.1 The Contractor will obtain all licenses and permits required to do the Work. Whenever
necessary, the Contractor will have a Town of Estes Park Business License.
2.5 Schedules, Reports, and Records
2.5.1 No later than the pre-construction meeting, the Contractor shall submit to the Project
Manager a Construction Progress Schedule, on a form approved by the Project Manager, showing
all Work the Contractor and all Subcontractors will perform. The Project Manager may require
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the Contractor to substitute a Critical Path Method schedule (CPM), or bar graph type schedule.
The Special Conditions will state when a CPM network schedule is required.
2.5.2 The schedule shall be in enough detail for the Project Manager to readily determine the
Work to be performed each week. When requested by the Project Manager, the Contractor shall
update the schedule.
2.6 Contractor's Address
2.6.1 The address for the Project Manager is designated as the place to which all communications
to the Contractor will be delivered or mailed. The delivery at the listed address, in person or by
certified mail, of any notice, letter or other communication to the Contractor, is adequate service
upon the Contractor, and the date of the service is the date of delivery.
2.7 Department of Revenue Forms
2.7.1 Materials and equipment purchased solely for Town projects, that will become a permanent
part of the final project, are tax exempt. The Contractor and all subcontractors shall use the Town’s
Tax Exemption Numbers when purchasing materials or supplies in connection with the Project.
2.7.2 The Town's Tax Exemption Numbers are as follows:
a. Federal Tax Exemption Number: 84-6000661
b. State of Colorado Tax Exemption Number: 98-00492
Article 3--CONTRACTOR'S RESPONSIBILITIES
3.1 Control of the Work
3.1.1 All programmers, technicians, and field personnel need to notify Project Manager when
they are on site and what location at all times during work performed on site.
3.1.2 Any person employed on the Project who fails, refuses or neglects to obey the
Superintendent or Contractor's other designated representative, shall, upon the order of the Project
Manager, be at once removed from the Project and not again employed on any part of the Project.
3.2 General Use of Subcontractors
3.2.1 The Contractor may utilize the services of specialty Subcontractors on those parts of the
Work which, under normal contracting practices, are performed by specialty Subcontractors.
3.2.2 The Contractor shall not sublet or subcontract any portion of the Work to be done under
the Contract until approval of such action has been obtained from the Town.
3.2.3 The Contractor is fully responsible to the Town for the acts and omissions of its
Subcontractors, and of persons either directly or indirectly employed by them.
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3.2.4 Nothing contained in the Contract creates any contractual relationship between any
Subcontractor and the Town.
3.2.5 The Contractor shall put appropriate provisions in all Subcontracts relative to the Work to
bind Subcontractors to the terms of the Contract insofar as applicable to the Work of
Subcontractors, and to give the Contractor the same power to terminate any Subcontractor that the
Town may exercise over the Contractor.
3.2.6 The Contractor shall make available to each proposed Subcontractor, before the execution
of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will
be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and
conditions of the proposed subcontract agreement which may be at variance with the Contract
Documents. Subcontractors shall similarly make copies of applicable portions of such documents
available to their respective proposed Sub-Subcontractors.
3.3 Materials and Equipment Furnished by the Contractor
3.3.1 The Contractor shall furnish and pay the cost of all of the necessary materials not furnished
by the Town, all the superintendence, labor, tools, equipment, installation, maintenance,
dismantling and removal of materials, supplies, temporary facilities, machinery and transportation.
3.3.2 Unless otherwise provided for in the Specifications, all workmanship, equipment,
materials, and articles incorporated in the Project are to be the best of their respective kinds, new
and undamaged.
3.3.3 Materials, supplies or equipment to be incorporated into the Project shall not be purchased
by the Contractor or any Subcontractor subject to chattel mortgage or under a conditional sales
contract or other agreement by which an interest is retained by the seller.
3.3.4 The Contractor shall furnish the Project Manager, for the Manager's approval, the name of
the manufacturer of machinery and other equipment for materials the Contractor contemplates
incorporating in the Project.
3.3.5 The Contractor shall give the Project Manager an electronic copy of all shop manuals,
operating manuals, parts lists, classifications, catalog cuts, Specifications, warranties and
guarantees for all equipment and machinery installed.
3.4 Coordination with Town Departments
3.4.1 The Contractor shall always coordinate its Work with the Town of Estes Park Utilities and
IT Departments.
3.5 Laws and Ordinances
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3.5.1 The Contractor shall perform all obligations under the Contract in strict compliance with
all federal, state, and municipal laws, rules, statues, charter provisions, ordinances, and
regulations, applicable to the performance of the Contractor under the Contract.
3.5.2 The Contractor shall obtain all other permits and licenses required in the prosecution of
the Work.
3.5.3 It is unlawful and unethical for any person to offer, give or agree to give any Town
employee, Town official or former Town employee, or for any Town employee, Town official or
former Town employee to solicit, demand, accept or agree to accept from another person, a gratuity
or an offer of employment in connection with any decision, approval, disapproval,
recommendation or preparation of any part of a program requirement or a purchase request,
influencing the content of any specification or procurement standard, rendering of advice,
investigation, auditing or in any other advisory capacity in any proceeding or application, request
for ruling, determination, claim or controversy, or other particular matter, pertaining to any
program requirement or a contract or subcontract, or to any solicitation or proposal therefor.
3.5.4 It is unlawful and unethical for any payment, gratuity or offer of employment to be made
by or on behalf of a subcontractor under a contract to the prime contractor or higher tier
subcontractor of any person associated therewith, as an inducement for the award of a subcontract
or order.
3.6 Protection of Persons
3.6.1 It is a condition of the Contract, and the Contractor shall make a condition of each
Subcontract entered into pursuant to the Contract, that the Contractor and any Subcontractor shall
not require any laborer, mechanic or other person employed in performance of the Contract to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous
to health or safety. The Contractor shall comply with all applicable safety rules and regulations
adopted by the United States Department of Labor Occupational Safety and Health Administration
(OSHA), the Industrial Commission of the State of Colorado or the Town of Estes Park, whichever
is most restrictive. The Town assumes no duty to ensure that the Contractor follows the safety
regulations issued by OSHA or the State of Colorado.
3.6.2 The Contractor shall always, whether or not so specifically directed by the Project
Manager, take necessary precautions to ensure the protection of the public. The Contractor shall
furnish, erect, and maintain at its own expense all necessary precautions for the protection of the
Work and safety of the public through and around its construction operations.
3.7 Protection of Property
3.7.1 The Contractor shall continuously and adequately protect the Work from damage, injury
or loss arising in connection with the Contract. It shall repair or replace at its expense any such
damage, injury or loss, except such as may be directly due to error in the Contract or caused by
agents or employees of the Town. It shall provide and maintain at its expense all passageways,
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barricades, guard fences, lights, and other protection facilities required by public authority or local
conditions.
3.7.2 Whenever, in the opinion of the Town, the Contractor has not taken sufficient precaution
for the safety of the public or the protection of the work to be constructed under the Contract or of
adjacent structures or property, and whenever, in the opinion of the Town, an emergency has arisen
and immediate action is considered necessary, then the Town, with or without notice to the
Contractor, may provide suitable protection by causing work to be done and material to be
furnished and placed. The cost of such work and material shall be borne by the Contractor and, if
the same is not paid on presentation of the bills therefore, such costs may be deducted from any
amounts due or to become due the Contractor. The performance of such emergency work shall
not relieve the Contractor of responsibility for any damage that may occur.
3.8 Responsibility to Repair
3.8.1 Should any existing property be damaged, the Contractor shall immediately notify the
Owner of such property. Unless authorized in writing by the owner of the property or directed by
the Project Manager, the Contractor shall not attempt to make repairs. Written authorization from
the owner to make repairs must be so worded as to save the Town harmless from any responsibility
whatsoever relative to the sufficiency of the repairs, and to make the Town a beneficiary of that
provision. The Contractor shall give the Project Manager a copy of the written authorization to
make repairs.
3.8.2 When any direct or indirect damage or injury is done to any public or private property or
utility by or on account of any act, omission, neglect or misconduct in the execution of the Work,
the Contractor shall restore the damaged property at its own expense to a condition equal to or
better than that existing before such damage or injury.
3.8.3 The Contractor shall replace any materials and equipment lost, stolen, damaged or
otherwise rendered useless during the performance of Work on the Project.
Article 4--TOWN'S RESPONSIBILITIES
4.1 The Town will furnish the data required by the Contract and will make payments to the
Contractor as provided by these General Conditions.
Article 5--PROJECT MANAGER'S RESPONSIBILITIES
5.1 The Project Manager shall maintain Owner's authority over the Contractor relating to field
direction and project administration, but does not assume liability for the Contractor's work, nor
control scheduling whenever such performance is located in or upon the Town's property
5.2 Stop Work Order
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5.2.1 The Project Manager has the authority to suspend Work on the Project either in whole or
in part, for as long as the Project Manager deems necessary due to:
a. Unsuitable weather;
b. Faulty workmanship;
c. Improper superintendence;
d. Contractor's failure to carry out orders or to perform any provision of the Contract;
e. Conditions which may be considered unfavorable for the prosecution of Work on the
Project; or
f. Work being carried on in an unsafe manner.
5.2.2 If it is necessary to stop work for an indefinite period, the Contractor shall, if directed by
the Project Manager, store all materials in such a manner that they will not become an obstruction
or become damaged in any way. The Contractor shall take every precaution to prevent damage to
or deterioration of the Work, providing suitable drainage and erecting temporary structures where
necessary.
5.2.3 The Project Manager will put the Stop Work order in writing and the Contractor may not
proceed with Work on the suspended portion of the Project until notified in writing by the Project
Manager.
5.3 Disputes
5.3.1 If the Contractor considers any Work directed by the Town to be outside the Contract
requirements, or if it considers any ruling of the Project Manager to be unfair, it shall immediately
ask for a written instruction or decision and shall perform the Work in conformance with the
Project Manager's ruling. If the Contractor considers such instructions unsatisfactory, it shall file
a written protest with the Project Manager within ten days after their receipt.
5.3.2 All claims, disputes and other matters in question arising out of or relating to the Contract
shall be submitted to the Project Manager before the Contractor can begin litigation.
5.3.3 The parties agree that any litigation by Contractor against the Town concerning this
Contract shall be filed not more than 2 years after the date of the Notice of Construction
Acceptance. The parties agree that any litigation filed by Town against Contractor concerning this
Contract shall be filed not more than 2 years after the date of the Notice of Final Acceptance.
Article 6—CHANGES
6.1 General
6.1.1 The Town may make alterations to the Project without the consent of the Surety at any
time during the Work. The Contractor shall perform the Work as changed, as if originally specified.
The alterations do not invalidate the Contract in any way.
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6.1.2 The Project Manager may, at any time, without notice to the Surety, by written notice to
the Contractor, make any change in the Work to be performed within the general scope of the
Contract, including but not limited to changes:
a. In the method or manner of the performance of the Work;
b. In facilities, equipment, materials, services or site furnished by the Town; or
c. Directing acceleration in the performance of the Work.
6.1.3 Any written order (which terms as used in this Article shall include direction, instruction,
interpretation or determination) from the Project Manager, which may warrant a time extension or
increased or decreased costs) will be treated as a Change Order under this Article provided that
the Contractor gives the Project Manager written notice within seven (7) calendar days of that
condition, stating the date, circumstances, and source of the order and that the Contractor regards
the order as a Change Order. However, the Town will not authorize a change in the Contract Price
for work done before approving a Change Order authorizing the additional work. If the Town and
the Contractor do not agree to the terms of a Change Order, including the amount of additional
compensation, the Contractor shall proceed with the work under the terms of the Contract and shall
maintain accurate records of the costs.
6.1.4 The Contractor may not treat any order, statement or conduct of the Project Manager as a
change under this Article nor become entitled to an equitable adjustment in the Contract Price or
Performance Time, except as provided in this Article.
6.1.5 If any change under this clause causes an increase or decrease in the Contractor's cost or
the time required for the performance of any part of the Work under the Contract, whether or not
changed by any order, an equitable adjustment will be made and the Contract modified in writing
accordingly. If no agreement is reached regarding the equitable value of additional work, it shall
be determined as cost plus fifteen percent (15%) for overhead and profit. The amount of credit to
be allowed by the Contractor to the Town for any such change that results in a net decrease in cost
will be the amount of the actual net decrease as determined by the Town. When both additions
and credits are involved in any one change, the combined overhead and profit shall be figured on
the basis of the net increase, if any.
In no case will the price adjustment change the original Contract Price to an amount not
appropriated by the Town Board and approved by the appropriate Town representative per its
purchasing policies.
6.1.6 Claims for changes in the Contract Price or Contract Time of Performance will not be
considered after the Final Payment has been made.
6.2 Compliance with §24-91-103.6
6.2.1 Notwithstanding any other language in this contract, the issuance of any Change Order or
other form of order or directive by the Town requiring additional compensable work to be
performed which will cause the Contract Price to exceed the amount appropriated for the Work is
prohibited unless the Contractor is given written assurance by the Town that lawful appropriations
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to cover the costs of the additional work have been made or unless the Contract contains a remedy
granting provision.
6.3 Field Orders
6.3.1 The Project Manager may make changes in the details of the Project at any time, by issuing
a Field Order. The Contractor shall proceed with the performance of any changes in the Project
ordered by the Project Manager. If the Contractor believes that such Field Order entitles it to a
change in Contract Price or Time, or both, it shall give the Project Manager written notice within
ten (10) days after the receipt of the Field Order. Thereafter, the Contractor shall document the
basis for the change in Contract Price or Time within thirty days.
6.4 Change Orders
6.4.1 Changes in the Contract Price are authorized only by Change Orders. Changes in contract
time may be made by a Change Order or by other appropriate written authorization. Any requests
for extension of time due to conditions outside of the Contractor's control shall be made in writing
within seven (7) calendar days of that condition.
6.4.2 Any difference in cost from Change Orders shall be added to or deducted from the amount
of the Contract, as the case may be. Adjustments in the amounts to be paid to the Contractor on
account of changed Work will be determined by one of the following methods in the order listed:
a. Negotiated Unit Prices; and
b. Negotiated lump sum.
6.5 Extras and Force Account Work
6.5.1 The Town will not pay for extra Work unless the Town orders in extra work in writing.
All claims for extra Work shall be submitted to the Project Manager, supplemented by any data
the Project Manager requires.
6.5.2 Extra Work and Work involving a combination of increases and decreases in the Work will
ordinarily be paid for at a lump sum or Unit Price agreed upon in writing by the Project Manager
and Contractor before the extra Work Order is issued.
6.5.3 The allowance for overhead and profit will negotiated and approved by Project Manager
prior to any Extra Work being performed. Material charges shall be substantiated by valid copies
of vendors' invoices. The Project Manager will make any necessary adjustments and compile the
costs of cost-plus Work. When these reports are agreed upon and signed by both parties, they
become the basis of payment for the Work performed.
6.5.4 Labor: The cost of labor used in performing the Work by the Contractor, will be $141.00
per hour (portal to portal) plus mileage per IRS rate.
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6.5.5 Materials: The cost of materials used in performing the Work, including transportation
charges for delivery (exclusive of machinery rentals), will be the cost to the purchaser, whether
Contractor, Subcontractor or other forces, from the Supplier thereof, inclusive of sales or use taxes,
except if, in the opinion of the Project Manager, the cost of materials is excessive, or the Contractor
does not furnish satisfactory evidence of the cost of such material. If the Project Manager finds
the cost excessive or the Contractor has not furnished evidence of the cost, then the cost will be
deemed to be the lowest current wholesale price for the quantity concerned delivered to the job-
site less cash or trade discounts.
The Town reserves the right to furnish materials for the Work and the Contractor may not claim
costs and profit on materials furnished by the Town.
The Town reserves the right to purchase from the Contractor any materials previously purchased
for a project and not used. Payment for the materials will be based on the actual material cost as
shown on the Supplier's invoice, any transportation charges incurred, plus a fifteen percent
handling fee.
6.5.6 Eliminating Items: The Project Manager shall notify the Contractor in writing to eliminate
any items contained in the proposal unnecessary for the proper completion of the Work. Such
action will not invalidate the contract. The Contractor, by Change Order, will be reimbursed for
actual work done and all cost incurred, including mobilization of materials and equipment before
the elimination of such items.
Article 7--CONTRACT TIME
7.1 General
7.1.1 Time is of the essence in the performance of all Work contemplated in the Contract.
Therefore, the Work shall be commenced no later than thirty days from and including the date of
Notice to Proceed and shall be fully completed in a satisfactory and acceptable manner within the
time stated in the Contract.
7.2 Delays
7.2.1 Delay claims fall into three categories: non-excusable, excusable, or compensable. Any
payment for delays or the granting of time extensions require a properly executed Change Order.
7.2.1.1 Non-excusable delay is one caused by factors within the Contractor's reasonable control.
The delay is the Contractor's fault; no additional time or additional compensation is allowed.
Typical types of non-excusable delays are:
a. Late procurement of materials or equipment;
b. Insufficient personnel;
c. Unqualified personnel;
d. Inadequate coordination of Subcontractors or other contractors;
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e. Subcontractor delays;
f. Late response to Town and Project Manager inquiries; or
g. Construction not conforming to contract requirements making repeated re-working
necessary.
7.2.1.2 Excusable delay is caused by factors beyond the Contractor's reasonable control, but is
not the result of the Town's actions or failure to act. An excusable delay entitles the Contractor to
an extension of time but no additional compensation for the cost of the delay.
7.2.1.3 Compensable delay is one where the Town has failed to meet an obligation stated or
implied in the construction contract. If the Project Manager considers a delay as compensable, the
Town will grant a time extension and reimburse the Contractor for the increased cost caused by
the delay. No damages shall be payable for any delay not due to an act or neglect of the Town or
an employee of the Town. Typical types of Town-caused delays are:
a. Delays in answers to field inquiries by the Contractor;
b. Interference with the Contractor during construction;
c. Town-caused schedule changes;
d. Design changes; or
e. Interference by other contractor's or the Town's forces.
7.3 Failure to Complete Work on Time--Liquidated Damages
7.3.1 The Town is not applying liquidated damages to this contract.
Article 8--WARRANTY AND GUARANTEE: SAMPLES AND TESTING; DEFECTIVE
WORK AND MATERIALS
8.1 Warranty and Guarantees
8.1.1 The Contractor is responsible for the condition of all completed Work, and satisfactory
operation of Work performed under the Contract for a period of ____ following the Notice of
Acceptance. A notice of warranty work that requires repair or replacement under the warranty will
be submitted to the Contractor on a Notice of Warranty Work. The Contractor is responsible for
the satisfactory repair or replacement of any Work, materials or equipment which are found
defective during this period, provided any failure results directly or indirectly from faulty
workmanship or negligence by the Contractor, from faulty manufacturing or from faulty erection
or improper handling of materials or equipment furnished or installed by the Contractor. Neither
the Contractor nor Surety is liable for any failure resulting from the Town's neglect or improper
operation of facilities or the acts of third parties. If desired by the Town, portions of the work may
be placed in service when completed, and the Contractor shall provide proper access for this
purpose. Such use and operation shall not constitute an acceptance of the work, and the Contractor
shall be liable for defects due to faulty construction throughout the duration of the Contract.
8.2 Access to Work
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8.2.1 The Project Manager and the Manager's representatives shall have access to the Project at
any time for purposes of inspection, sampling, and testing. Access shall extend to authorized
representatives of participating federal or state agencies and to other public authorities having
jurisdiction established by law. The Contractor shall provide proper facilities for access to the
Project.
8.2.2 Access to the Project shall mean wherever and whenever it is in manufacture, preparation
or progress. It shall include access to payrolls, records of personnel, invoices of materials, terms
and conditions of sale of materials and equipment to be incorporated in the Project, files, records,
books, correspondence, instructions, Drawings, receipts, subcontracts, purchase orders, vouchers,
memoranda and any other relevant data and records relating to the Contract.
8.2.3 The Town may, at reasonable times, inspect the part of the plant, place of business or
worksite of the Contractor or Subcontractor at any tier which is pertinent to the performance of the
Contract.
8.3 Defective Work and Materials
8.3.1 Material and workmanship not conforming to the requirements of the Contract are deemed
defective. Defective Work or material shall be removed immediately from the Project site and
replaced with acceptable Work and material at the Contractor's expense.
8.3.2 If the Contractor fails to replace rejected materials or Work within ten days after receipt of
written notice, the Town may replace or correct them and charge the cost to the Contractor and
may terminate the right of the Contractor to proceed. Failure to detect previously installed
defective materials or workmanship shall not impair the Town's right to receive a completed
project which is free of defects and meets all of the requirements of the Contract Documents.
Article 9--PAYMENTS TO CONTRACTOR AND COMPLETION
9.1 General
9.1.1 Unless expressly provided otherwise, the prices shown in the contract SCOPE OF
SERVICES include the cost of all labor, materials, equipment, tools, services, fees, and any other
thing or expense necessary to complete the Project. Items not shown on the Plans, Specifications
or Special Provisions but which are necessary to construct the Project will be considered a part of
the Project whether specified or not and no separate payment will be made for these items.
9.1.2 Unless expressly provided otherwise in the Contract, the amount to be paid for the Work
includes all labor, materials, tools, equipment, service, fees, and everything, whether temporary or
permanent, necessary to complete the Project.
9.2 Monthly Estimates--Partial Payments
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9.2.1 The Contractor shall prepare monthly partial estimates (monthly estimates) for all Work
completed up to that time. The authorized Town representative(s) shall approve the monthly
estimates before progress payments will be made. The format of the monthly estimates will be
related to the format of the contract SCOPE OF SERVICES
9.2.2 In making such progress payments, subject to the exceptions in this Article, the Town will
retain five percent of the calculated value of completed Work for contracts in excess of $150,000
and where the contractor is satisfactorily performing the contract. The withheld percentage of the
Contract Price of any contracted Work will be retained until the contract is completed satisfactorily
and finally accepted by the Town.
9.2.3 On Contract amounts of less than $150,000, ten percent may be withheld until Final
Payment.
9.2.4 If the Town finds that satisfactory progress is being made in any phase of the Contract, it
may, upon written request by the Contractor, authorize payment from the withheld percentage to
the Contractor. Before payment is made, the Town shall determine that satisfactory and substantial
reasons exist for the payment and shall require written approval from any surety furnishing bonds
for the Work.
9.2.5 The Town may withhold, in addition to retained percentages from Contractor payments,
such an amount or amounts as may be necessary to cover:
9.2.5.1 Claims for labor or materials furnished the Contractor or Subcontractor(s) or reasonable
evidence indicating probable filing of such claims;
9.2.5.2 Failure of the Contractor to make proper payment to Subcontractors or for material or labor
furnished by others;
9.2.5.3 A reasonable doubt that the Contract can be completed for the balance then unpaid;
9.2.5.4 Evidence of damage to another Contractor or private or public property;
9.2.5.5 Uncorrected defective Work or guarantees that have not been met;
9.2.5.6 Failure of the Contractor to submit cost breakdowns, schedules, reports and other
information required under the Contract;
9.2.5.7 Persistent failure to carry out the Work according to the Contract; or
9.2.5.8 Reasonable evidence that the Work will not be completed within the Contract Time and
that the unpaid balance would not be adequate to cover actual or liquidated damages for the
anticipated delay.
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9.2.6 The Town may disburse and has the right to act as agent for the Contractor in disbursing
funds, withheld pursuant to this paragraph, to the party or parties who are entitled to payment
therefrom, but the Town assumes no obligation to make such disbursement. The Town will render
to the Contractor a proper accounting of all funds disbursed under this paragraph.
9.3 Substantial Completion
9.3.1 When the Contractor considers the entire work ready for its intended use, the Contractor
shall notify the Project Manager in writing that the entire Work is substantially complete (except
for items specifically listed by Contractor as incomplete) and request that the Project Manager
issue a Notice of Substantial Completion. Within a reasonable time, the Contractor, Project
Manager and any other appropriate Town representatives shall make an inspection of the Work to
determine the status of completion. If the Project Manager does not consider the Work
substantially complete, the Project Manager will notify the Contractor in writing giving the reasons
for denial of the Notice of Substantial Completion. If the Project Manager considers the Work
substantially complete, the Project Manager will prepare and deliver to the contractor a Notice of
Substantial Completion which shall fix the date of Substantial Completion. The Project Manager
shall attach to the certificate a tentative list ("punch list") of items to be completed or corrected
before Final Payment. The Town may, after five (5) days’ notice to the Contractor, complete the
punch list items itself and charge the Contractor for all costs incurred therefor, together with the
amount necessary to compensate the Town for its additional costs, time, and effort. The Town
may deduct such amounts from any retainage, and the Contractor shall pay the Town any
deficiency. Warranties required by the Contract shall commence on the date set in the Notice of
Construction Acceptance for the Project, or the date set in the Notice of Construction Acceptance
for a designated portion of the Project, unless otherwise provided in the notice of Substantial
Completion.
9.4 Construction Acceptance
9.4.1 When the Work specified in the Contract is completed and the final cleanup has been
performed, the Contractor shall notify the Project Manager that all Work under the Contract has
been completed and the Project Manager shall, within fourteen (14) calendar days of receipt of
such notice, make the final inspection. If the Project Manager finds that the Project has been
completed according to the requirements and conditions set forth in the Contract, the Town, upon
the recommendation of the Project Manager, shall issue a Notice of Construction Acceptance.
Notices of Construction Acceptance issued orally or without proper Town authorization are void.
Town will not make the final payment under the Contract before it issues a Construction
Acceptance.
9.5 Claims Against the Contractor: As provided by Colorado law, persons or businesses,
including Subcontractors, who have not been promptly paid by the Contractor and who have
provided materials, services and labor of any kind, or labor and material incidental to the
completion of the Project, may file claims and the Town may withhold from the Contractor an
amount sufficient to cover such claims.
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9.6 Final Payment--Pursuant to Section 38-26-107, C.R.S., as Amended
9.6.1 The Town shall make a Final Settlement in accordance with Section 38-26-107, C.R.S.,
within sixty days after the Town issues the Notice of Construction Acceptance.
9.6.2 After the Notice of Construction Acceptance is issued by the Town, a Notice of Final
Settlement shall be advertised at least twice, not less than ten (10) days before the date of Final
Settlement, in a newspaper of general circulation in the county where the Work was done. If no
claims are filed before the expiration of ten days from the date of the last publication of the Notice
of Final Settlement, the Final Payment, including retainages, may be made.
9.6.3 If any Subcontractor or Supplier files a claim before the expiration of ten days from the date
of the last publication of the Notice of Final Settlement, for Work done or material furnished that
has not been paid for by the Contractor, the Town shall withhold from Final Payment to the
Contractor sufficient funds to insure the payment of the claims. The funds shall not be withheld
longer than ninety days from the date of Final Settlement unless a legal action is started within that
time to enforce payment of the claims.
9.6.4 At the end of ninety days, or any time before, if the person filing the claim acknowledges
receipt of payment for the claim, or otherwise releases the claim in writing, the Town shall pay the
Contractor the monies not subject to suit or lis pendens notices.
9.6.5 Monies that are the subject of a suit will be withheld until a judgment is rendered in the suit.
In the event the Town incurs any costs or legal fees related to the final settlement or payment
thereof, or litigation of claims, then all such costs, expenses, expert and attorney fees shall be
withheld from the final payment due the Contractor by the Town and retained by he Town for
reimbursement of same.
Article 10--CONTRACT TERMINATION
10.1 Town's Right to Terminate Contract for Convenience
10.1.1 The Town shall, at any time, have the right to terminate the Contract, for convenience,
upon giving written notice to the Contractor. The Contractor shall be entitled to the full amount
of the approved estimate for the Work satisfactorily completed under the Contract up to the time
of such termination, including the retained percentage. The Town shall reimburse the Contractor
for such expenditures as, in the judgment of the Project Manager, are not otherwise compensated
for, together with the cost of moving to and from the Project and a reasonable profit on the Work
deleted by reason of the annulment of the Contract, in order that an equitable settlement is made
with the Contractor.
10.2 Town's Right to Terminate Contract for Default
10.2.1 The Project Manager, with the approval of the Purchasing and Contracts Manager and
acting on behalf of the Town, may serve notice upon the Contractor and its Surety of the intention
Page 85
General Conditions -- Page 17 of 19
to terminate the Contract if the performance of the Work set forth under the Contract is
unnecessarily or unreasonably delayed by the Contractor, or if any of the provisions of the Contract
are being violated by the Contractor or its Subcontractors. The Contract is terminated unless, in
the opinion of the Project Manager, the Contractor corrects the violation within five days after the
notice is served. In the event of such termination, the Project Manager, acting on behalf of the
Town, shall immediately serve notice of the termination and the Surety's right to complete the
Contract upon the Surety and the Contractor. The Surety shall have the right to take over and
perform the Work called for in the Contract. The Surety is then bound by all the provisions of the
Contract. If the Surety does not commence performance of the Work within ten days from the date
of the notice, the Town may take over the Project and, without prejudice to any other remedies,
complete the Project and the Contractor and its Surety are liable to the Town for any excess costs
incurred by the Town.
10.3 Contractor's Right to Terminate Contract
10.3.1 The Contractor may terminate the Contract if the Work is stopped for a period of three
months under any order of any court or other public authority through no act or fault of the
Contractor or of anyone employed by it.
The Contractor may suspend Work if Town fails to make payments at the times provided in the
Contract and the Contractor has given the Town written notice seven days before suspending
Work. The Contractor may terminate the Contract, at its option, if the Town continues to be in
default thirty days after the date of the written notice. Failure by the Town to make payments at
the times provided is a bar to any claim by the Town against the Contractor for delay in completion
of the Project if the Contractor suspended Work for that reason.
If the Contractor terminates the Contract, it may recover the price of all Work done and materials
provided and all damages sustained.
Article 11--EQUAL OPPORTUNITY
11.1 General: During the performance of the Contract, the Contractor agrees as follows:
11.1.1 The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, age, disability, religion, sex, sexual orientation, gender identity or
expression, national origin, or as otherwise prohibited by law.
11.1.2 The Contractor shall ensure that all Subcontractors shall not discriminate against any
employee or applicant for employment because of race, color, age, disability, religion, sex, sexual
orientation, gender identity or expression, national origin, or as otherwise prohibited by law.
Article 12--AUDIT
12.1 Records and Reports
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General Conditions -- Page 18 of 19
12.1.1 The Contractor shall keep and preserve full and detailed accounts relating to the Contract
for a period of three years from the date of final payment under the Contract in which the Work is
completed.
12.1.2 The Subcontractor shall keep and preserve full and detailed accounts relating to the
Contract for a period of three years from the date of final payment under the subcontract.
12.2 Access
12.2.1 The Contractor shall permit the Town and the Town's accountants to have access to project
records for the purpose of making such financial audits, or verifications as the Town deems
necessary or appropriate concerning the Contractor's performance under the Contract.
Article 13--MISCELLANEOUS
13.1 Reservation of Right to Bar Persons from the Work and Site: The Town reserves the
right to bar any person, including employees of the Contractor and Subcontractors, from the
Town's Work site. This shall not be treated as a request for the employee's termination but a
request that the employee not be assigned to work on the Town Work site. No increase in contract
time or price is authorized.
13.2 Provisions Construed as to Fair Meaning: The provisions of the Contract shall be
construed as to their fair meaning, and not for or against any party based upon any attributes to
such party of the source of the language in question.
13.3 Headings for Convenience: All headings, captions and titles are for convenience and
reference only and of no meaning in the interpretation or effect of the Contract.
13.4 No Implied Representations: No representations, agreements, covenants, warranties, or
certifications, express or implied, exist as between the parties, except as specifically set forth in
the Contract.
13.5 Financial Obligations of Town: All financial obligations of the Town under the Contract
are contingent upon appropriation, budgeting, and availability of specific funds to discharge such
obligations. Nothing in the Contract shall be deemed a pledge of the Town's credit, or a payment
guarantee by the Town to the Contractor.
13.6 Assignment/transference: The Contractor may not assign or transfer any interest in the
Contract, including any money due or to become due, without the prior written consent of the
Town.
13.7 Amendments: The parties shall only amend the Contract in writing with the proper
official signatures and, if required elsewhere in this Contract, on the proper forms.
13.8 Waiver: No waiver of a breach or default under the Contract is a waiver of any other or
subsequent breach or default.
Page 87
General Conditions -- Page 19 of 19
13.9 Governing Law: The Contract is governed and to be construed according to the laws of
the State of Colorado. Venue and jurisdiction for any court action filed regarding this agreement
shall be in either Larimer County or the United States District Court for Colorado.
13.10 Binding Contract: The Contract is binding upon the parties hereto and their respective
heirs, executors, administrators, successors and assigns.
13.11 Federal-Aid Projects: If the Contract involves any federal government reimbursements,
the Contractor and its subcontractors, must comply with federal regulations. If the Contractor fails
to provide documentation and certifications as set forth on “Required Contract Provisions: Federal-
Aid Construction Projects” (FHWA Form 1273), as included in the Contract Document, the
Contractor shall be specifically liable for any damages, including loss of reimbursement,
attributable to the Contractor’s failure to comply with the applicable regulations.
13.12 Immunity: No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits,
protections, limitations of liability, and other provisions of the Colorado Governmental Immunity
Act, C.R.S. § 24-10-101 et seq., and under any other applicable law.
Page 88
P.O. Box 793
Morrison CO 80465-0793
303-697-0440
Fax: 303-697-0450
Kim@TLECC .net
Date: 1/17/2021
Estes WATER
RE: TLECC Quotation J5864
REF: SCADA computer upgrade options
Dear Chris,
We are pleased to provide this quotation for your review.
1.All quotations issued, and orders received by TLECC are subject to final
acceptance by our principal.
2.Shipping dates are based on the best information obtainable from suppliers
AT THE TIME OF QUOTATION.
3.Quote is budgetary and not valid until scope of work has been
selected/refined.
Again, thank you for your inquiry. If we can be of further assistance, please do
not hesitate to contact our office.
Sincerely,
Kim Evezich
Estes Computers
Timber Line suggests the following option as being the best
combination of robustness and simplicity:
Install Stratus Server at the Shop and establish three thin clients, one-each at
Glacier, Shop, and Mary’s. The data between these locations will be provided by:
1.Establishing fiber connectivity between “Repeater” and the Town shop.
2.Utilizing existing town “microwave fiber” to Glacier, and fiber to Mary’s
Lake.
3.To meet these goals:
Our Mission: To find
opportunities to delight our
peers and customers by
making the complex simple.
Exhibit B: Contractor's Proposal
Page 89
• Move Motorola FIU to the repeater tower (legacy repeater is removed),
establish fiber-to-shop connection. The FIU will have one radio.
• We are suggesting that a redundant data communication network be
set up via cellular communications for four sites. The cellular system
will include the Shop, Mary’s, Glacier and the FIU on Prospect. This
assumes that BOR will let us add a small cell antenna out the wall of
the radio building. Please see notes.
• This network will provide a VERY robust Stratus computer system with
redundant high-speed wireless data connections.
The Ethernet connections between the server and thin clients will allow a
decrease in the amount of data being re-transmitted within the Motorola
system.
1. The RTUs will primarily be “talking” to the FIU at Prospect which then
dumps the data via fiber to the shop and Stratus server, eliminating the
need for constant updates (and re-repeats) of the other two FIUs.
2. Remote data will update at the Stratus server in real-time, and the remote
thin clients will update very quickly (more quickly than the existing
Motorola network which re-transmits)
3. More thin clients can be added in the future for laptops or tablets that
have access to the network, but we will need to plan for WiFi or additional
IP addresses. Additional thin clients will need to be quoted with hardware
and setup labor.
4. Please see later in this document for local control of WTPs
5. The Stratus server should last for more than a decade and comes with
24/7 monitoring (yearly fee of approximately $4000) and free replacement
parts. Please see Stratus brochure for an understanding of how the
hardware comes with an expected up-time of 99.99999%.
Item Description Extended Pricing
1 Stratus server with three thin client V-sphere
licensing and 3 thin client computers with 32”
monitors. Includes the first year of extended support
and on-site deployment and startup. Estes Park to
provide Win911 licensing for Server 2019 OS. We
have included 4 hours of support for installing
Win911. Any hours over 4 will be billed at service
rates. Also includes Shadow Protect back up
software with NAS drive. Estes Park will provide any
needed Wonderware license updates.
$76,306.00
2 Redundant broadband communications for
Stratus/thin client system (if town fiber fails).
$21,644.00
Page 90
Includes 4 Checkpoint firewall cell modems and
installation at four sites. (Estes to pay monthly cell
fees). These Firewall/cell modems should meet
AWIA standards. PLEASE see item 8 below!
3 TWO double inversion tower-style 2KVA UPS units
for backup power and power conditioning for server
sections in the Stratus. Includes a total of 4
extended battery packs (two per UPS) and two web-
monitoring modules.
$4,892.00
4 Connection from FIU at Prospect to Stratus via fiber:
Move existing FIU to Prospect inclusive of existing
900mhz SD9 radio. Reconnect existing antenna
system. Add Double inversion UPS for mounting on
19” rack.
Also includes rewriting the FIU app to only
accommodate one FIU.
We have included our design and latest radio survey
time in this bid item.
$24,175.00
5 In-office time to change RTU programming for 14
sites to the standard STS app. Includes 5 days for a
field technician to visit each remote site and load
new program and install new addressing for the FIU.
Also includes 2 days at the computer to test all data
streams.
$19,829.00
6 18 MDS SD9 radios: 15 for remote sites, one for cold
spare FIU, and 2 for shelf stock. Also includes
radios frequency tuning for each radio, a $150
(average) per-site budget for antenna repairs,
custom MDS to ACE cables, and 40 hours of field
time to install the radios and check/repair antenna
systems.
$47,128.00
7 Two programmers for two days each to research
and document the data to-from the distribution
system and the two water plants, and the data flow
between the AB PLC at Mary’s and the ACE at
Mary’s. Please also read Notes 12 and 15.
$6,900.00
8 Per customer request for fully redundant
communication network, and per Timber Line
decision to supply the Ethernet switches so that we
(instead of IT) have full responsibility for all items on
the network, we are adding the following items:
A second set of checkpoint firewalls at the 4 cell
modem locations. The extra Checkpoint routers will
$8,300.00
Page 91
provide for a fully redundant communication system
for EACH of the Town fiber and Cell networks.
Timber Line will add two (redundant) managed Cisco
Ethernet switches at each of 3 locations. The two
managed Ethernet switches per site will help to
separate the STRATUS network from the ACE
network and from the Business network. We will set
up all of these at our office for full staging of the
communications and firewalls prior to deployment.
We have included rack-mounting brackets for
devices above.
9 Contingency labor funds:
• We will need to research/resolve/create new
screens in Wonderware that will display WTP
data on the Stratus server. We do not yet
have an understanding if there are some
data-points that only show up on one of the
existing servers.
• We have not worked with your IT department
before and do not have an understanding of
their requirements or availability.
• We may need to provide Estes assistance in
establishing Verizon account/ data-plans/ and
static IP addresses.
• Other unknowns
• This will be billed as accrued and will be
documented.
$9,500.00
Total for all items above. $218,674.00
Notes:
1. UPS units are also available in rack mounted style at additional cost. If the
shop has a backup generator, the extended battery packs are not needed
(delete $1585.00)
2. Double inversion UPS units provide superior power conditioning for
sensitive electronic equipment and should not be price-compared to back-
up style units. These units help to meet AWIA standards for SCADA
resiliency.
3. If desired, we can add a power failure relay at Prospect to alarm when the
FIU is on UPS power.
Page 92
4. Shadow Protect backup software makes an image of all files INCLUDING
active/open historical files needed for State reporting. NAS drive should be
set up with security protocols preventing malware from spreading to the
NAS. Backup of historical files helps to meet AWIA standards for
resiliency.
5. The Stratus option should only require ONE Wonderware license and three
client licenses. We will need to sort this out with Wonderware. This
should help to reduce the cost of upgrading the Wonderware licensing.
6. For the next few years, all remote site data will flow to the FIU at
Prospect via analog radio and then be sent to the Stratus via
Ethernet/Fiber. Eventually, as Estes Park expands the fiber network, the
ACE units can use the fiber as primary communications.
7. We can use a router to control the data between the Stratus and the FIU
at Prospect, it will use the fiber as primary and the cell as secondary.
8. Monthly cell service for 4 sites is NOT included in our cost estimates.
9. The Checkpoint routers/cell modems may need quarterly maintenance to
meet NIST and AWIA Standards for cyber security. Timber Line can
provide that service. The Checkpoint router/cell modem at the STRATUS
can/will provide DMZ services to separate public assess and secured
access. We will need to work with your IT department on this, and it may
require quarterly maintenance to keep the firewall up-to-date on current
threats.
10. The Mary’s Lake FIU and the Glacier FIU will be eliminated because the
data will flow out of the “Plant” ACEs via the Ethernet port, to the fiber
connection, to the Stratus.
11. We suggest that one of the “spare” FIUs be completely outfitted to be a
cold stand by for the FIU being installed at Prospect. We have included a
new SD9 radio for this purpose on bid item 6.
12. Item 7 research will help Timber Line to understand the requirements for
the Allen Bradley computer at Mary’s lake that shows the plant controls.
This data will flow through the Stratus to be displayed on the view clients.
It is our understanding that this data also exists on a PanelView within the
Mary’s plant and it may be possible to simply add a Tablet that shows the
data. Updating the Allen Bradley Panelview computer is not included in
this quote. We suggest establishing a good comfort level with the Stratus
system, and then a plan for this computer can be presented.
13. For future all-fiber RTU communications, the data will go directly to the
server (not through Prospect). We have not yet designed radio
redundancy for this future scenario.
14. Future discussion is needed about “hand control” of the WTPs in the
event of a catastrophic failure of both the primary and secondary Ethernet
Page 93
connections. The Red Lion OITs might be a good solution for this, but
existing filtration consoles may be adequate for short-term control.
Creating stand-alone Red Lion (Linux OS) OITs for running the WTPs may
run between $40 and $50K (total for both plants). These Red Lions can
also be used for redundant alarming via text messaging.
15. Per additional research, we would like to move some of the labor from
the “future” budget to research the ACE WTP control into the “more
urgent” labor budget (bid item 7) so that we can adequately research and
document the data that is shared between plants, and between the
distribution system as control parameters of the WTP process (i.e. which
tank level triggers plant “on” command, or how the Allen Bradley system
at Mary’s flows data to/from the ACE unit analog inputs [such as turbidity
alarms] ). This is now reflected in bid item 7, and we have reduced our
guesstimate on future re-write of ITS control to $20K -35K.
Page 94
Timber Line Electric and Control Corp. Terms and Conditions of Sale
This quote is valid for 30 days, and is subject to change after that time frame. All
quotations issued, and orders received by TLECC are subject to final acceptance by our principal
or authorized representative.
Part numbers and shipping dates are based on the best information available at the time of quote
and may change. Part numbers change frequently for items such as computers.
Shipping terms: Shipment times are based upon receipt of a written purchase order or contract and
signed approval drawings. Unless otherwise noted, all materials are quoted Free On Board point of origin.
TLECC’s responsibility for loss ceases upon delivery to the carrier. Claims for loss or damage in transit
must be made by Buyer against the carrier. If TLECC is delivering to job site, field off loading has not
been included in pricing. Additional charges may be assessed for offloading. Buyer, general contractor, or
owner shall be responsible for proper storage and handling following shipment.
TLECC’s standard terms are Net 30 days with 1% per month late payment charges. These terms
apply to materials and service work. Contract job terms are Net 30 days on a work-in-process basis.
TLECC reserves the right to change these terms at any time, and has the right to modify the terms for
individual customers. All sales are subject to acceptable credit rating of buyer. Any alteration to the terms
stated on a TLECC quote will be considered a counter offer and is subject to acceptance in writing by a
TLECC authorized representative. Unless clearly stated otherwise, no retainages will be allowed, or
payment withheld pending third party payment. In the event of nonpayment, buyer will be subject to
finance charges, collection costs and attorney’s fees.
Sales, use and excise tax may be required by law. If buyer is tax exempt, buyer shall provide
adequate documentation to TLECC. If buyer is NOT tax exempt, Buyer is responsible for sales and use
tax which will be charged on the materials of the job. Please request a sales tax estimate based on the
correct sales tax district!
Any order cancelled after 3 days of acceptance by TLECC may be subject to the cost of special
materials, non-resellable goods and completed labor. In any event, TLECC reserves the right to charge the
buyer for any and all expenses or labor incurred in connection with a purchase order. TLECC does not
offer refunds on customized equipment.
In the event TLECC is unable to ship or deliver parts or perform services pursuant to any purchase
order or other contract entered or accepted by TLECC due to a “Fource Majeure” such as an act of God,
strike, lockout or other industrial disturbance, act of public enemy, war, blockade, public riot, lightning,
fire, flood, explosion, failure to timely receive necessary government approvals, government restraint or
any other cause, which is not reasonably within the control of TLECC, TLECC’s obligations under the
purchase order or other contract shall be suspended during such Force Majeure. If the Force Majeure
cannot be promptly removed in TLECC’s sole opinion, at TLECC’s sole option, the purchase order or other
contract may be terminated without further obligation or liability on the part of either party.
TLECC honors a 1 year warranty on new equipment. This includes repair or replacement of said
equipment at TLECC’s discretion. The equipment warrantee does not include the travel or labor to
troubleshoot equipment. TLECC may include the labor at TLECC’s discretion. TLECC will honor a 90
day warrantee on all installation labor. Except for those expressly provided for herein, no other warrantee
express or implied applies. TLECC is not liable for lightning damage, vandalism, or acts of God.
Warrantee will be void on equipment which has been serviced by persons other than TLECC employees.
Limitations of liability: TLECC is not responsible for any modification or repairs to TLECC products made
by persons other than TLECC personal. Timber Line is not liable for any and all consequential and
incidental damages arising out of, or in connection with any purchase order or contract for equipment or
services. This includes but is not limited to installation, service, or product’s failure to perform, in
connection with purchase order, contract, or verbal request for service.
Page 95
Page 96
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Greg Muhonen, Public Works Director
Date: April 27, 2021
RE: Resolution 35-21 Approving a Grant Agreement with Visit Estes Park for a
Climbing Boulder located at the Big Thompson Recreation Area adjacent
to the Parking Garage.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
This proposed grant agreement with Visit Estes Park (VEP) provides $50,000 to fund
the Town’s purchase and installation of a climbing boulder at the Big Thompson
Recreational Area project that is scheduled to begin construction in 2021.
Present Situation:
The Town was successful at obtaining a grant through Great Outdoors Colorado
(GOCO) for upgrades to the area known as the Big Thompson Recreation Area. This
VEP agreement will add funds to the project to enhance an already great project for the
community.
Proposal:
This is an addition to a previously-approved project at the Big Thompson Recreational
Area. This portion of the project will be fully funded by the presented grant. The project
will be managed by the Town’s Parks Division.
Advantages:
•This grant will add a great climbing boulder that is designed for persons with all
levels of climbing abilities.
•The Big Thompson Recreation Area will be enhanced by this addition.
Disadvantages:
•The climbing boulder and its associated fall protection does take up a
considerable amount of space in the area and increases the risk fall injuries.
Page 97
•The Town will take over all maintenance and upkeep of the boulder and the
associated fall protection for the life span of both.
Action Recommended:
Public Works staff recommend approval of this Resolution. This will allow staff to
proceed with ordering the climbing boulder. The manufacturing can take from 10 to 14
weeks.
Finance/Resource Impact:
The boulder and its installation cost will be completely covered by this grant. The only
financial obligation to the Town will be continued maintenance by the Parks Division.
Level of Public Interest
The existing level of public interest is moderate; however, once the entire project is
complete, we anticipate the use to be high from both residents and guests at this highly
visible location.
Sample Motion:
I move for the approval/denial of Resolution 35-21.
Attachments:
1.Resolution 35-21
2.Grant Agreement
3.Big Thompson Recreation Area Preliminary Site Plan
4.Illustration of the proposed boulder concept
Page 98
RESOLUTION 35-21
APPROVING A GRANT AGREEMENT FROM VISIT ESTES PARK FOR A CLIMBING
BOULDER FOR THE BIG THOMPSON RECREATION AREA
WHEREAS, Visit Estes Park has made grant funds available to the Town for a
climbing boulder feature for the Town’s proposed Big Thompson Recreation Area; and
WHEREAS, the Town of Estes Park Parks Division includes this feature in its plans
to improve this area for recreational purposes.
NOW, AND THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES
OF THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the grant agreement
referenced in the title of this resolution, in substantially the form now before the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 99
Grant Agreement:
Project Name: Climbing Boulder for the Big Thompson River Recreational Area
Estimated Project Completion Date: December 31, 2021
Parties to Agreement:
Organization: Visit Estes Park
Address: PO Box 4426, Estes Park, CO 80517
Telephone: (970) 586-0500
Contact Name: Abi Huebner
Grantee: Town of Estes Park
Address: PO Box 1200, Estes Park, CO 80517
Contact Name: Brian Berg
Date: February 10, 2021
Exhibits:
Exhibit A: Proposal
Attachment 2
Page 100
Article 1: PROJECT
1)Grant and Project. Visit Estes Park (“VEP”) awards to the Town of Estes Park (“Grantee” or “Town”)
a grant in the amount not to exceed $50,000.00 (“Grant”), subject to the terms and conditions set
forth in this agreement. The Grant shall be used by the Grantee solely to complete the purchase
and installation of the climbing boulder, the fall protection and any concrete needed for its
installation and access (“Project”). VEP represents that it has full and lawful authority to make this
Grant, and shall promptly deposit the funds with the Town.
2)Project Scope. Grantee shall not materially modify the Project without the prior written approval of
the CEO of VEP or the CEO’s designee.
3)Grantee Efforts. Grantee fully intends to complete the Project by the Project Completion Date
identified above, agrees to make all reasonable efforts toward that end, and work on the Project
shall be done in a good workmanlike manner.
4)Approved Budget. Grantee has completed a detailed budget that reflects all anticipated sources of
funds for the Project, including any anticipated direct costs, a copy of which is attached as Article 2:
Budget. Upon completion of the Project, Grantee shall return any unspent Grant funds to VEP.
5)Property Ownership. The property on which this Project is to be placed is owned by the Grantee,
and the Grantee shall own the Project itself.
6)Project Operation and Maintenance.
A.The Grantee intends to operate, manage and maintain the Project in a reasonable state of repair in
accordance with product warranties and the generally accepted standards in the parks/recreation
community. Grantee has estimated a useful life of approximately 50 years for the boulder and
approximately 15 years for the fall protection.
B.VEP shall not be liable for any cost of maintenance, management or operations of the Project.
7)Public Access. Grantee agrees to allow reasonable public access to the Project. Grantee may
temporarily close such public access for construction, maintenance, emergency situations, wildlife
issues or other reasonable purposes.
8)Insurance. Grantee shall maintain general liability insurance or self-insure for the entire period of
the Project for protection in the event of injury and/or damage.
9)Promotional Uses. VEP reserves the right to document installation and use for promotional
purposes aligned with its mission. VEP also reserves the right to use the Project for all other
promotional uses once the Project is complete, aligned with their mission, upon the approval of the
Grantee, which shall not be unreasonably withheld.
Page 101
10)Financial Obligations. All Town’s financial obligations under this Grant Agreement are contingent
upon appropriation, budgeting, and availability of specific funds to discharge those obligations.
Nothing in this Grant Agreement constitutes a debt, a direct or indirect multiple fiscal year financial
obligation, a pledge of the Town’s credit, or a payment guarantee by the Town to VEP.
11)Beneficiaries. This Grant Agreement is for the sole benefit of and binds the parties, their successors
and assigns. This Grant Agreement affords no claim, benefit, or right of action to any third party.
Any party besides Town or VEP receiving services or benefits under this Grant Agreement is only an
incidental beneficiary.
12)Governmental Immunity. No term or condition of this Grant Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections,
notice requirements or other provisions, of the Colorado Governmental Immunity Act, C.R.S. 24-10-
101 et seq. as applicable now or hereafter amended. There is no intent to waive or restrict
governmental immunity.
13)Relationship of Parties. The parties agree and acknowledge that their relationship is that of grantor
and grantee and that no other relationship, including that of a contractor or a joint venture,
partnership or other common enterprise is created by this Agreement or any other Grant-related
document(s).
14)Integration. This Grant Agreement completely integrates all understandings between the parties.
No prior or contemporaneous addition, deletion, or other amendment shall have any force or effect
unless part of this Grant Agreement. No later novation, renewal, addition, deletion, or other
amendment shall have any force or effect except in a written supplemental document the parties
duly sign. Except as specifically stated in this Grant Agreement, no representations, agreements,
covenants, warranties, or certifications, express or implied, exist between the parties.
Page 102
Article 2: Project Budget
Total VEP Grant $50,000.00
Artificial Climbing Boulder $30,000.00
Concrete Pad for Boulder $2,000.00
Poured in Place Fall Protection/Safety Material $11,000.00
Concrete Apron for Safety Material $7,000.00
Total $50,000.00
IN WITNESS WHEREOF, the parties have executed this Grant Agreement as of the date stated
above.
(Signatures on following page).
Page 103
TOWN OF ESTES PARK, GRANTEE
By:
Wendy Koenig, Mayor Date
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
VISIT ESTES PARK
By:
Date
Title:
Page 104
591 South Boulevard Street
Gunnison, Colorado 81230
info@idsculpture.com
Date
Drawing Title
Sheet #
Pagosa Boulder
PB006
Age Group: 5-12
6/1/20
Layout
All IDS projects are designed to meet
or exceed ASTM 1487.
Not all equipment may be
appropriate for all children.
Supervision is required.
ASTM compliant safety surfacing is
required under and around all play
equipment.
The Americans with Disabilities Act
(ADA) may require your play area to
be accesible, please consult with an
ADA professional to ensure
compliance.
NOT FOR CONSTRUCTION
SCHEMATIC DESIGN
A.01.19 1/2"4"1'10'3/4 x 8 1/2" wedge anchors
7 1/2" embed (12)
Backfill to top of steel frame
w/subgrade material
Safety surfacing (by others)
Finished grade
Compacted subgrade (by others)
Reinforced concrete footing
4000 psi, #5 rebar 12" OC/EW
3" clear all sides (by others)
GFRC sculpture outline8'-6"12'-6"1'-5"1'-11"
5"3'-7"24'-3"19'-9"Min 6' ASTM use zone (to be verified by installer)
8' CWA recommended use zone
GFRC sculpture plan outline
Reinforced concrete footing
4000 psi min., #5 rebar 12" OC/EW
3" clear all sides (by others)
Steel frame with 7/8" holes (12)
0 2'4'8'
SCALE: 1/4" = 1'-0"2 Section
0 4'8'12'
SCALE: 3/16" = 1'-0"1 Plan
3 Pagosa Boulder_PB006
([KLELW$ 3URSRVDO
Page 105
500
Big Thompson
River
This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 10 20Feet
1 in = 25 ft±Town of Estes ParkPublic Works
Big Thompson Rec AreaPreliminary Site Plan
Printed: 3/5/2021
Legend
Bench
Boulder Over Concrete Pad
Concrete Sidewalk/Pad
Landscape Garden
Picnic Shelter
Picnic Table
Rock Steps
Safety Pad
1ft Contours
Streams
ROW
Attachment 3
Page 106
591 South Boulevard Street
Gunnison, Colorado 81230
info@idsculpture.com
Date
Drawing Title
Sheet #
Pagosa Boulder
PB006
Age Group: 5-12
6/1/20
Layout
All IDS projects are designed to meet
or exceed ASTM 1487.
Not all equipment may be
appropriate for all children.
Supervision is required.
ASTM compliant safety surfacing is
required under and around all play
equipment.
The Americans with Disabilities Act
(ADA) may require your play area to
be accesible, please consult with an
ADA professional to ensure
compliance.
NOT FOR CONSTRUCTION
SCHEMATIC DESIGN
A.01.19 1/2"4"1'10'3/4 x 8 1/2" wedge anchors
7 1/2" embed (12)
Backfill to top of steel frame
w/subgrade material
Safety surfacing (by others)
Finished grade
Compacted subgrade (by others)
Reinforced concrete footing
4000 psi, #5 rebar 12" OC/EW
3" clear all sides (by others)
GFRC sculpture outline8'-6"12'-6"1'-5"1'-11"
5"3'-7"24'-3"19'-9"Min 6' ASTM use zone (to be verified by installer)
8' CWA recommended use zone
GFRC sculpture plan outline
Reinforced concrete footing
4000 psi min., #5 rebar 12" OC/EW
3" clear all sides (by others)
Steel frame with 7/8" holes (12)
0 2'4'8'
SCALE: 1/4" = 1'-0"2 Section
0 4'8'12'
SCALE: 3/16" = 1'-0"1 Plan
3 Pagosa Boulder_PB006
Attachment 4
Page 107
Page 108
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, Parking & Transit Manager
Greg Muhonen, PE, Public Works Director
Date: April 27, 2021
RE: Resolution 36-21 Approving an Intergovernmental Agreement with CDOT
for Fiscal Year 2021 Certifications and Assurances as required by the
Federal Transit Administration (FTA) for Public Transportation FTA
funding recipients.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Adoption of Resolution 36-21 which approves an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) for Fiscal Year 2021
Certifications and Assurances as required by the Federal Transit Administration (FTA)
for recipients of FTA funding for public transportation.
Present Situation:
Before the FTA may award federal assistance for public transportation in the form of a
federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre-
award, agency (Town) certification of the applicable provisions of the current fiscal
year’s Certifications and Assurances are required. CDOT has requested that each
transit program review the FTA’s Certification and Assurance overview and select those
categories that will apply to any application for which the agency (Town) might seek or
receive federal assistance from FTA during the fiscal year listed (FY 2021).
Because the FTA’s annual Certification and Assurance Overview contains various
agreements and commitments, it requires Town Board approval as an
intergovernmental agreement under Town Policy 1101.
Proposal:
Public Works staff propose that the Town Board authorize the Parking & Transit
Manager to complete CDOT’s request on behalf of the Town and submit the FY 2021
Certifications and Assurances using CDOT’s online document management portal
COTRAMS.
Page 109
Advantages:
•By completing the requested FY 2021 Certifications and Assurances the Town will
ensure that it remains in compliance with State and Federal requirements for
agencies that receive grant funding for public transportation projects.
Disadvantages:
•Without authorization to complete the requested FY 2021 Certifications and
Assurances the Town would not be eligible to receive FTA grant funding, which
could jeopardize both reimbursement for the Town’s second electric trolley and bus
facility (trolley barn) projects.
Action Recommended:
Approval of Resolution 36-21.
Finance/Resource Impact:
This item does not require funding or resources from the Town.
Level of Public Interest
Public interest in this item is low.
Sample Motion:
I move to approve/deny Resolution 36-21.
Attachments:
1.Resolution 36-21
2.FY 2021 FTA Certification and Assurances Overview
Page 110
RESOLUTION 36-21
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2021 CERTIFICATIONS
AND ASSURANCES AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION
(FTA) FOR RECIPIENTS OF FTA FUNDING FOR PUBLIC TRANSPORTATION
WHEREAS, the Town Board desires to enter into the intergovernmental
agreement referenced in the title of this resolution for the purpose of receiving grant
funding for public transportation in Estes Park from the Federal Transit Administration.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 111
Certifications and Assurances Fiscal Year 2021
1
Not every provision of every certification will apply to every applicant or award. If a provision
of a certification does not apply to the applicant or its award, FTA will not enforce that
provision. Refer to FTA’s accompanying Instructions document for more information.
Text in italics is guidance to the public. It does not have the force and effect of law, and is not
meant to bind the public in any way. It is intended only to provide clarity to the public regarding
existing requirements under the law or agency policies.
CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY
APPLICANT.
All applicants must make the certifications in this category.
1.1. Standard Assurances.
The certifications in this subcategory appear as part of the applicant’s registration or annual
registration renewal in the System for Award Management (SAM.gov) and on the Office of
Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”.
This certification has been modified in places to include analogous certifications required by
U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a) Has the legal authority to apply for Federal assistance and the institutional, managerial
and financial capability (including funds sufficient to pay the non-Federal share of project
cost) to ensure proper planning, management and completion of the project described in
this application.
(b)Will give the awarding agency, the Comptroller General of the United States and, if
appropriate, the State, through any authorized representative, access to and the right to
examine all records, books, papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted accounting standards
or agency directives.
(c)Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain.
(d)Will initiate and complete the work within the applicable time frame after receipt of
approval of the awarding agency.
(e)Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728–
4763) relating to prescribed standards for merit systems for programs funded under one
of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit
System of Personnel Administration (5 CFR 900, Subpart F).
Attachment 2
Page 112
Certifications and Assurances Fiscal Year 2021
2
(f)Will comply with all Federal statutes relating to nondiscrimination. These include but are
not limited to:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin, as effectuated by U.S.
DOT regulation 49 CFR Part 21;
(2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681–
1683, and 1685–1686), which prohibits discrimination on the basis of sex, as
effectuated by U.S. DOT regulation 49 CFR Part 25;
(3)Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any
person being excluded from participating in, denied a benefit of, or discriminated
against under, a project, program, or activity receiving financial assistance from
FTA because of race, color, religion, national origin, sex, disability, or age.
(4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of handicaps, as effectuated by U.S.
DOT regulation 49 CFR Part 27;
(5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107),
which prohibits discrimination on the basis of age;
(6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse;
(7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
(8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records;
(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing;
(10) Any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and,
(11) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
(g) Will comply, or has already complied, with the requirements of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally-assisted
programs. These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases. The requirements of the
Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24.
Page 113
Certifications and Assurances Fiscal Year 2021
3
(h)Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508
and 7324–7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with Federal funds.
(i)Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C.
§§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor
standards for federally assisted construction subagreements.
(j)Will comply, if applicable, with flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if
the total cost of insurable construction and acquisition is $10,000 or more.
(k) Will comply with environmental standards which may be prescribed pursuant to the
following:
(1)Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO)
11514;
(2) Notification of violating facilities pursuant to EO 11738;
(3) Protection of wetlands pursuant to EO 11990;
(4)Evaluation of flood hazards in floodplains in accordance with EO 11988;
(5)Assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451
et seq.);
(6) Conformity of Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et
seq.);
(7) Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523); and
(8) Protection of endangered species under the Endangered Species Act of 1973, as
amended (P.L. 93–205).
(l)Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
(m)Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593
(identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.).
(n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
(o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended,
7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
Page 114
Certifications and Assurances Fiscal Year 2021
4
animals held for research, teaching, or other activities supported by this award of
assistance.
(p)Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et
seq.) which prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
(q) Will cause to be performed the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit
Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201.
(r) Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations, and policies governing the program under which it is applying for assistance.
(s)Will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a sub-recipient from:
(1) Engaging in severe forms of trafficking in persons during the period of time that
the award is in effect;
(2)Procuring a commercial sex act during the period of time that the award is in
effect; or
(3) Using forced labor in the performance of the award or subawards under the
award.
1.2. Standard Assurances: Additional Assurances for Construction Projects.
This certification appears on the Office of Management and Budget’s standard form 424D
“Assurances—Construction Programs” and applies specifically to federally assisted projects for
construction. This certification has been modified in places to include analogous certifications
required by U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a)Will not dispose of, modify the use of, or change the terms of the real property title or
other interest in the site and facilities without permission and instructions from the
awarding agency; will record the Federal awarding agency directives; and will include a
covenant in the title of real property acquired in whole or in part with Federal assistance
funds to assure nondiscrimination during the useful life of the project.
(b)Will comply with the requirements of the assistance awarding agency with regard to the
drafting, review, and approval of construction plans and specifications.
(c)Will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work confirms with the approved plans and
specifications, and will furnish progressive reports and such other information as may be
required by the assistance awarding agency or State.
Page 115
Certifications and Assurances Fiscal Year 2021
5
1.3. Procurement.
The Uniform Administrative Requirements, 2 CFR § 200.324, allow a recipient to self-certify
that its procurement system complies with Federal requirements, in lieu of submitting to certain
pre-procurement reviews.
The applicant certifies that its procurement system complies with:
(a)U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by
reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2
CFR §§ 200.317–200.326 “Procurement Standards;
(b)Federal laws, regulations, and requirements applicable to FTA procurements; and
(c)The latest edition of FTA Circular 4220.1 and other applicable Federal guidance.
1.4. Suspension and Debarment.
Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to
entering into a covered transaction with an applicant, FTA must determine whether the applicant
is excluded from participating in covered non-procurement transactions. For this purpose, FTA
is authorized to collect a certification from each applicant regarding the applicant’s exclusion
status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by
2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an
award agreement with FTA. This certification serves both purposes.
The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its
principals:
(a)Is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily or involuntarily excluded from covered transactions by any Federal
department or agency;
(b)Has not, within the preceding three years, been convicted of or had a civil judgment
rendered against him or her for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or
transaction; violation of Federal or State antitrust statutes, including those proscribing
price fixing between competitors, allocation of customers between competitors, and bid
rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, receiving stolen property, making false
claims, or obstruction of justice; or commission of any other offense indicating a lack of
business integrity or business honesty;
Page 116
Certifications and Assurances Fiscal Year 2021
6
(c)Is not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any offense described in paragraph
(b) of this certification;
(d) Has not, within the preceding three years, had one or more public transactions (Federal,
State, or local) terminated for cause or default.
1.5. Coronavirus Response and Relief Supplemental Appropriations Act, 2021, and
CARES Act Funding.
The applicant certifies that, to the maximum extent possible, and consistent with the
Consolidated Appropriations Act, 2021 (Public Law 116–260):
(a) Funds made available under title IV of division M of the Consolidated Appropriations
Act, 2021 (Public Law 116–260), and in title XII of division B of the CARES Act (Public
Law 116–136; 134 Stat. 599) shall be directed to payroll and operations of public transit
(including payroll and expenses of private providers of public transportation); or
(b) The applicant certifies that the applicant has not furloughed any employees.
CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS
This certification is required of each applicant under the Urbanized Area Formula Grants
Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight
programs, and each State that is required to draft and certify a public transportation agency
safety plan on behalf of a small public transportation provider pursuant to 49 CFR § 673.11(d).
This certification is required by 49 CFR § 673.13.
This certification does not apply to any applicant that receives financial assistance from FTA
exclusively under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C.
§ 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of
these two programs.
If the applicant is an operator, the applicant certifies that it has established a public transportation
agency safety plan meeting the requirements of 49 CFR Part 673.
If the applicant is a State, the applicant certifies that:
(a)It has drafted a public transportation agency safety plan for each small public
transportation provider within the State, unless the small public transportation
provider provided notification to the State that it was opting-out of the State-drafted
plan and drafting its own public transportation agency safety plan; and
(b)Each small public transportation provider within the state has a public transportation
agency safety plan that has been approved by the provider’s Accountable Executive
Page 117
Certifications and Assurances Fiscal Year 2021
7
(as that term is defined at 49 CFR § 673.5) and Board of Directors or Equivalent
Authority (as that term is defined at 49 CFR § 673.5).
CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS.
If the applicant is a business association (regardless of for-profit, not for-profit, or tax exempt
status), it must make this certification. Federal appropriations acts since at least 2014 have
prohibited FTA from using funds to enter into an agreement with any corporation that has
unpaid Federal tax liabilities or recent felony convictions without first considering the
corporation for debarment. E.g., Consolidated Appropriations Act, 2021, Pub. L. 116-260, div.
E, title VII, §§ 744–745. U.S. DOT Order 4200.6 defines a “corporation” as “any private
corporation, partnership, trust, joint-stock company, sole proprietorship, or other business
association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT
Order 4200.6, FTA requires each business association applicant to certify as to its tax and
felony status.
If the applicant is a private corporation, partnership, trust, joint-stock company, sole
proprietorship, or other business association, the applicant certifies that:
(a)It has no unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability; and
(b) It has not been convicted of a felony criminal violation under any Federal law within the
preceding 24 months.
CATEGORY 4. LOBBYING.
If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan,
line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following
certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities.
This certification is required by 49 CFR § 20.110 and app. A to that part.
This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or
an Indian tribal organization exempt from the requirements of 49 CFR Part 20.
4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
Page 118
Certifications and Assurances Fiscal Year 2021
8
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure
Form to Report Lobbying,” in accordance with its instructions.
(c)The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
4.2. Statement for Loan Guarantees and Loan Insurance.
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this commitment
providing for the United States to insure or guarantee a loan, the undersigned shall complete and
submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
Submission of this statement is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
CATEGORY 5. PRIVATE SECTOR PROTECTIONS.
If the applicant will apply for funds that it will use to acquire or operate public transportation
facilities or equipment, the applicant must make the following certification regarding protections
for the private sector.
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Certifications and Assurances Fiscal Year 2021
9
5.1. Charter Service Agreement.
To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each
applicant seeking assistance from FTA for the purpose of acquiring or operating any public
transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR
§ 604.4.
The applicant agrees that it, and each of its subrecipients, and third party contractors at any level
who use FTA-funded vehicles, may provide charter service using equipment or facilities
acquired with Federal assistance authorized under the Federal Transit Laws only in compliance
with the regulations set out in 49 CFR Part 604, the terms and conditions of which are
incorporated herein by reference.
5.2. School Bus Agreement.
To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each
applicant seeking assistance from FTA for the purpose of acquiring or operating any public
transportation equipment or facilities to make the following agreement regarding the provision
of school bus services. 49 CFR § 605.15.
(a)If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to
engage in school bus operations, the applicant agrees and certifies as follows:
(1)The applicant and any operator of project equipment agrees that it will not engage
in school bus operations in competition with private school bus operators.
(2)The applicant agrees that it will not engage in any practice which constitutes a
means of avoiding the requirements of this agreement, part 605 of the Federal
Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of
1973 (49 U.S.C. 1602a(b)).
(b)If the applicant is authorized or obtains authorization from the FTA Administrator to
engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows:
(1)The applicant agrees that neither it nor any operator of project equipment will
engage in school bus operations in competition with private school bus operators
except as provided herein.
(2)The applicant, or any operator of project equipment, agrees to promptly notify the
FTA Administrator of any changes in its operations which might jeopardize the
continuation of an exemption under § 605.11.
(3)The applicant agrees that it will not engage in any practice which constitutes a
means of avoiding the requirements of this agreement, part 605 of the Federal
Transit Administration regulations or section 164(b) of the Federal-Aid Highway
Act of 1973 (49 U.S.C. 1602a(b)).
(4)The applicant agrees that the project facilities and equipment shall be used for the
provision of mass transportation services within its urban area and that any other
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use of project facilities and equipment will be incidental to and shall not interfere
with the use of such facilities and equipment in mass transportation service to the
public.
CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN.
If the applicant owns, operates, or manages capital assets used to provide public transportation,
the following certification is required by 49 U.S.C. § 5326(a).
The applicant certifies that it is in compliance with 49 CFR Part 625.
CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING.
7.1. Rolling Stock Buy America Reviews.
If the applicant will apply for an award to acquire rolling stock for use in revenue service, it
must make this certification. This certification is required by 49 CFR § 663.7.
The applicant certifies that it will conduct or cause to be conducted the pre-award and post-
delivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications
required by Subparts B, C, and D of 49 CFR Part 663.
7.2. Bus Testing.
If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus
model with a major change in configuration or components, the applicant must make this
certification. This certification is required by 49 CFR § 665.7.
The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus
received a passing test score as required by 49 CFR Part 665. The applicant has received or will
receive the appropriate full Bus Testing Report and any applicable partial testing reports before
final acceptance of the first vehicle.
CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM.
If the applicant will apply for an award under the Urbanized Area Formula Grants Program
(49 U.S.C. § 5307), or any other program or award that is subject to the requirements of
49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program
(49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal
Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award
authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”)
(23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C.
§ 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for
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Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards
to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the
applicant must make the following certification. This certification is required by 49 U.S.C.
§5307(c)(1).
The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out the program of
projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects
of the program;
(b) Has or will have satisfactory continuing control over the use of equipment and facilities;
(c)Will maintain equipment and facilities in accordance with the applicant’s transit asset
management plan;
(d)Will ensure that, during non-peak hours for transportation using or involving a facility or
equipment of a project financed under this section, a fare that is not more than 50 percent
of the peak hour fare will be charged for any—
(1) Senior;
(2) Individual who, because of illness, injury, age, congenital malfunction, or any
other incapacity or temporary or permanent disability (including an individual
who is a wheelchair user or has semi-ambulatory capability), cannot use a public
transportation service or a public transportation facility effectively without special
facilities, planning, or design; and
(3)Individual presenting a Medicare card issued to that individual under title II or
XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.);
(e)In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C.
§§ 5323 (general provisions) and 5325 (contract requirements);
(f)Has complied with 49 U.S.C. § 5307(b) (program of projects requirements);
(g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d)
(cost sharing);
(h)Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304
(statewide and nonmetropolitan transportation planning);
(i)Has a locally developed process to solicit and consider public comment before raising a
fare or carrying out a major reduction of transportation;
(j) Either—
(1) Will expend for each fiscal year for public transportation security projects,
including increased lighting in or adjacent to a public transportation system
(including bus stops, subway stations, parking lots, and garages), increased
camera surveillance of an area in or adjacent to that system, providing an
emergency telephone line to contact law enforcement or security personnel in an
area in or adjacent to that system, and any other project intended to increase the
security and safety of an existing or planned public transportation system, at least
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1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C.
§ 5336; or
(2) Has decided that the expenditure for security projects is not necessary;
(k) In the case of an applicant for an urbanized area with a population of not fewer than
200,000 individuals, as determined by the Bureau of the Census, will submit an annual
report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for
associated transit improvements as defined in 49 U.S.C. § 5302; and
(l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan).
CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS.
If the applicant will apply for funds made available to it under the Formula Grants for Rural
Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this
certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C).
Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this
certification, which applies to funds apportioned for the Appalachian Development Public
Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C.
§5311(c)(2)(D).
(a)The applicant certifies that its State program for public transportation service projects,
including agreements with private providers for public transportation service—
(1) Provides a fair distribution of amounts in the State, including Indian reservations;
and
(2) Provides the maximum feasible coordination of public transportation service
assisted under 49 U.S.C. § 5311 with transportation service assisted by other
Federal sources; and
(b) If the applicant will in any fiscal year expend less than 15% of the total amount made
available to it under 49 U.S.C. § 5311 to carry out a program to develop and support
intercity bus transportation, the applicant certifies that it has consulted with affected
intercity bus service providers, and the intercity bus service needs of the State are being
met adequately.
(c)If the applicant will use for a highway project amounts that cannot be used for operating
expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public
Transportation Assistance Program), the applicant certifies that—
(1) It has approved the use in writing only after providing appropriate notice and an
opportunity for comment and appeal to affected public transportation providers;
and
(2)It has determined that otherwise eligible local transit needs are being addressed.
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CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE
EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS
PILOT PROGRAM.
If the applicant will apply for an award under any subsection of the Fixed Guideway Capital
Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s
Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A,
title III, § 3005(b)), the applicant must make the following certification. This certification is
required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B).
The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out its Award,
including the safety and security aspects of that Award,
(b) Has or will have satisfactory continuing control over the use of equipment and facilities
acquired or improved under its Award.
(c)Will maintain equipment and facilities acquired or improved under its Award in
accordance with its transit asset management plan; and
(d)Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304
(statewide and nonmetropolitan transportation planning).
CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO
EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS.
If the applicant is in an urbanized area and will apply for an award under subsection (a)
(formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus
Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8
for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by
49 U.S.C. § 5339(a)(3) and (b)(6), respectively.
If the applicant is in a rural area and will apply for an award under subsection (a) (formula
grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities
Program (49 U.S.C. § 5339), the applicant must make the certification in Category 9 for
Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C.
§ 5339(a)(3) and (b)(6), respectively.
If the applicant, regardless of whether it is in an urbanized or rural area, will apply for an
award under subsection (c) (low or no emission vehicle grants) of the Grants for Buses and Bus
Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8
for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by
49 U.S.C. § 5339(c)(3).
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Making this certification will incorporate by reference the applicable certifications in
Category 8 or Category 9.
CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES PROGRAMS.
If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of
Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the
certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This
certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by
reference the certification in Category 8, except that FTA has determined that (d), (f), (i), (j), and
(k) of Category 8 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced.
In addition to the certification in Category 8, the applicant must make the following certification
that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with
Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2).
The applicant certifies that:
(a)The projects selected by the applicant are included in a locally developed, coordinated
public transit-human services transportation plan;
(b) The plan described in clause (a) was developed and approved through a process that
included participation by seniors, individuals with disabilities, representatives of public,
private, and nonprofit transportation and human services providers, and other members of
the public;
(c)To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be
coordinated with transportation services assisted by other Federal departments and
agencies, including any transportation activities carried out by a recipient of a grant from
the Department of Health and Human Services; and
(d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it
will do so on a fair and equitable basis.
CATEGORY 13. STATE OF GOOD REPAIR GRANTS.
If the applicant will apply for an award under FTA’s State of Good Repair Grants Program
(49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not
review the transit asset management plans of public transportation providers, this certification is
necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4).
The applicant certifies that the projects it will carry out using assistance authorized by the State
of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent
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transit asset management plan and are identified in the investment and prioritization section of
such plan, consistent with the requirements of 49 CFR Part 625.
CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS.
If the applicant will apply for an award for a project that will include assistance under the
Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C.
§§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make
the certifications in Category 8 for the Urbanized Area Formula Grants Program, Category 10
for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of
Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o).
Making this certification will incorporate the certifications in Categories 8, 10, and 13 by
reference.
CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program
(49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula
Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities
Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The
applicant must make this certification on its own behalf and on behalf of its subrecipients and
contractors. This certification is required by 49 CFR § 655.83.
The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s
regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,
49 CFR Part 655.
CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT.
If the applicant is a State with at least one rail fixed guideway system, or is a State Safety
Oversight Agency, or operates a rail fixed guideway system, it must make the following
certification. The elements of this certification are required by 49 CFR §§ 659.43, 672.31, and
674.39.
The applicant certifies that the rail fixed guideway public transportation system and the State
Safety Oversight Agency for the State are:
(a)Compliant with the requirements of 49 CFR Part 659, “Rail Fixed Guideway Systems;
State Safety Oversight”;
(b)Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety
Certification Training Program”; and
(c)Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”.
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CATEGORY 17. DEMAND RESPONSIVE SERVICE.
If the applicant operates demand responsive service and will apply for an award to purchase a
non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the
following certification. This certification is required by 49 CFR § 37.77.
The applicant certifies that the service it provides to individuals with disabilities is equivalent to
that provided to other persons. A demand responsive system, when viewed in its entirety, is
deemed to provide equivalent service if the service available to individuals with disabilities,
including individuals who use wheelchairs, is provided in the most integrated setting appropriate
to the needs of the individual and is equivalent to the service provided other individuals with
respect to the following service characteristics:
(a) Response time;
(b)Fares;
(c)Geographic area of service;
(d) Hours and days of service;
(e) Restrictions or priorities based on trip purpose;
(f)Availability of information and reservation capability; and
(g) Any constraints on capacity or service availability.
CATEGORY 18. INTEREST AND FINANCING COSTS.
If the applicant will pay for interest or other financing costs of a project using assistance
awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed
Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must
comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the
Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure
programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or
awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C.
§ 5339), the applicant must make the following certification. This certification is required by
49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D).
The applicant certifies that:
(a)Its application includes the cost of interest earned and payable on bonds issued by the
applicant only to the extent proceeds of the bonds were or will be expended in carrying
out the project identified in its application; and
(b)The applicant has shown or will show reasonable diligence in seeking the most favorable
financing terms available to the project at the time of borrowing.
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CATEGORY 19. CONSTRUCTION HIRING PREFERENCES.
If the applicant will ask FTA to approve the use of geographic, economic, or any other hiring
preference not otherwise authorized by law on any contract or construction project to be assisted
with an award from FTA, it must make the following certification. This certification is required
by the Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. L, title I, § 199(b).
The applicant certifies the following:
(a)That except with respect to apprentices or trainees, a pool of readily available but
unemployed individuals possessing the knowledge, skill, and ability to perform the work
that the contract requires resides in the jurisdiction;
(b) That the grant recipient will include appropriate provisions in its bid document ensuring
that the contractor does not displace any of its existing employees in order to satisfy such
hiring preference; and
(c) That any increase in the cost of labor, training, or delays resulting from the use of such
hiring preference does not delay or displace any transportation project in the applicable
Statewide Transportation Improvement Program or Transportation Improvement
Program.
CATEGORY 20. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK
AND OPERATIONS.
If the applicant operates a rail fixed guideway public transportation system, it must make this
certification. This certification is required by 49 U.S.C. § 5323(v), a new subsection added by the
National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92, § 7613 (Dec. 20,
2019). For information about standards or practices that may apply to a rail fixed guideway
public transportation system, visit https://www.nist.gov/cyberframework and
https://www.cisa.gov/.
The applicant certifies that it has established a process to develop, maintain, and execute a
written plan for identifying and reducing cybersecurity risks that complies with the requirements
of 49 U.S.C. § 5323(v)(2).
CATEGORY 21. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS
FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT
PROGRAMS).
Before FTA may provide Federal assistance for an Award financed under either the Public
Transportation on Indian Reservations Formula or Discretionary Program authorized under
49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant
must select the Certifications in Category 21, except as FTA determines otherwise in writing.
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Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications
and Assurances Required of Every Applicant) and need not make any other certification, to meet
Tribal Transit Program certification requirements. If an applicant will apply for any program in
addition to the Tribal Transit Program, additional certifications may be required.
FTA has established terms and conditions for Tribal Transit Program grants financed with
Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant
certifies that:
(a)It has or will have the legal, financial, and technical capacity to carry out its Award,
including the safety and security aspects of that Award.
(b) It has or will have satisfactory continuing control over the use of its equipment and
facilities acquired or improved under its Award.
(c)It will maintain its equipment and facilities acquired or improved under its Award, in
accordance with its transit asset management plan and consistent with FTA regulations,
“Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum
feasible coordination with transportation service financed by other federal sources.
(d)With respect to its procurement system:
(1)It will have a procurement system that complies with U.S. DOT regulations,
“Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards,” 2 CFR Part 1201, which incorporates by reference
U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for
Awards made on or after December 26, 2014,
(2)It will have a procurement system that complies with U.S. DOT regulations,
“Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR
§ 18.36, for Awards made before December 26, 2014, or
(3)It will inform FTA promptly if its procurement system does not comply with
either of those U.S. DOT regulations.
(e)It will comply with the Certifications, Assurances, and Agreements in:
(1) Category 05.1 and 05.2 (Charter Service Agreement and School Bus Agreement),
(2)Category 06 (Transit Asset Management Plan),
(3) Category 07.1 and 07.2 (Rolling Stock Buy America Reviews and Bus Testing),
(4) Category 09 (Formula Grants for Rural Areas),
(5) Category 15 (Alcohol and Controlled Substances Testing), and
(6) Category 17 (Demand Responsive Service).
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FEDERAL FISCAL YEAR 2021 CERTIFICATIONS AND ASSURANCES FOR FTA
ASSISTANCE PROGRAMS
(Signature pages alternate to providing Certifications and Assurances in TrAMS.)
Name of Applicant:_____________________________________________________
The Applicant certifies to the applicable provisions of categories 01–21. _______
Or,
The Applicant certifies to the applicable provisions of the categories it has selected:
Category Certification
01 Certifications and Assurances Required of Every Applicant
02 Public Transportation Agency Safety Plans
03 Tax Liability and Felony Convictions
04 Lobbying
05 Private Sector Protections
06 Transit Asset Management Plan
07 Rolling Stock Buy America Reviews and Bus Testing
08 Urbanized Area Formula Grants Program
09 Formula Grants for Rural Areas
10 Fixed Guideway Capital Investment Grants and the Expedited
Project Delivery for Capital Investment Grants Pilot Program
11 Grants for Buses and Bus Facilities and Low or No Emission
Vehicle Deployment Grant Programs
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2
12 Enhanced Mobility of Seniors and Individuals with Disabilities
Programs
13 State of Good Repair Grants
14 Infrastructure Finance Programs
15 Alcohol and Controlled Substances Testing
16 Rail Safety Training and Oversight
17 Demand Responsive Service
18 Interest and Financing Costs
19 Construction Hiring Preferences
20 Cybersecurity Certification for Rail Rolling Stock and
Operations
21 Tribal Transit Programs
FEDERAL FISCAL YEAR 2021 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE
PAGE
(Required of all Applicants for federal assistance to be awarded by FTA in FY 2021)
AFFIRMATION OF APPLICANT
Name of the Applicant:
BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these
Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations,
and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as
indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal
Transit Administration (FTA) in federal fiscal year 2021, irrespective of whether the individual that acted on his or
her Applicant’s behalf continues to represent it.
FTA intends that the Certifications and Assurances the Applicant selects on the other side of this document
should apply to each Award for which it now seeks, or may later seek federal assistance to be awarded during
federal fiscal year 2021.
The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the
statements submitted with this document and any other submission made to FTA, and acknowledges that the
Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations,
“Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to
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Certifications and Assurances Fiscal Year 2021
3
FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in
connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute
In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and
any other statements made by me on behalf of the Applicant are true and accurate.
Signature Date:
Name Authorized Representative of Applicant
AFFIRMATION OF APPLICANT’S ATTORNEY
For (Name of Applicant): Town of Estes Park, Colorado
As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority
under state, local, or tribal government law, as applicable, to make and comply with the Certifications and
Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and
Assurances have been legally made and constitute legal and binding obligations on it.
I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that
might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA
assisted Award.
Signature Date:
Name Attorney for Applicant
Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney
pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the
Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy
Affirmation, signed by the attorney and dated this federal fiscal year.
Dan Kramer
4/21/2021
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TOWN OF ESTES PARK
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
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TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: April 27, 2021
RE: Appointment of Marina Connors to the Larimer County Solid Waste Policy
Advisory Council to complete the term of Howard Lauren expiring
November 30, 2022.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointment__
QUASI-JUDICIAL YES NO
Objective:
To consider the recommended appointment for the Larimer County Solid Waste Policy
Advisory Council.
Present Situation:
Prior to advertising the vacancy on the Council to complete the term of Howard Lauren,
the Town Clerk’s Office received a request from Marina Connors to be considered for
the appointment. She subsequently completed the Committee application form.
Proposal:
Staff recommends the Board accept Marina Connors’ application and forego
advertisement for this position. Marina Connors is a retired employee of Rocky
Mountain National Park where she worked as a civil engineer. She is also an active
member of the community and is a member of the Community Recycling Committee.
Advantages:
Filling the position would complete the Town’s appointments on the Council.
Disadvantages:
If the appointment is not made, the position would remain vacant until the position could
be re-advertised and interviews conducted.
Action Recommended:
Appoint Marina Connors to the Larimer County Solid Waste Policy Advisory Council to
complete a term expiring November 30, 2022.
Finance/Resource Impact: - None.
Page 135
Level of Public Interest - Low.
Sample Motion:
I move for the approve/deny the appointment of Marina Connors to the Larimer County
Solid Waste Policy Advisory Council to complete a term expiring November 30, 2022.
Attachments:
None.
Page 136
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeffrey Woeber, Senior Planner
Date: April 27, 2021
RE: Ordinance 05-21 Amending Chapter 4 of the Estes Park Development
Code Regarding Lot Coverage, and Amending Chapter 13 by Revising
The Definition of “Impervious Surfaces” and “Lot Coverage”.
Continuance Discussion
Town of Estes Park Community Development staff is requesting a continuance of the
Code Amendment to the May 11, 2021 Town Board hearing. This will allow additional
time for staff review and legal review of the Ordinance.
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PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1.MAYOR.
The next order of business will be the public hearing on PLANNING
COMMISSION ACTION ITEM 2.A: Ordinance 06-21 Amending
Section 1.9.D.1(B) of the Estes Park Development Code Regarding
Features Allowed Within Building Setbacks.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the item.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2.STAFF REPORT.
Review the staff report.
3.PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
item. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the item which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the item.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
7.SUGGESTED MOTION.
Request Board consider a motion.
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Suggested motion(s) are set forth in the staff report.
8.DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9.VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Resolutions are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
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COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig Board of Trustees
Through: Town Administrator Machalek
From: Alex Bergeron, Planner II
Date: April 27, 2021
RE: Ordinance 06-21 Amending Section 1.9.D.1(B) of the Estes Park Development Code Regarding Features Allowed Within Building Setbacks.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The objective of the Town Board is to conduct a public hearing to consider and make a
decision on a proposed text amendment to the EPDC regarding the inclusion of
photovoltaic system equipment in minimum building setback areas of established lots.
The objective of this proposed Code Amendment is to enable the use of roof-mounted
photovoltaic systems (perhaps better known as “solar panels” or “solar PV systems”) on
structures which would otherwise have them installed if it weren’t for minimum setback
requirements precluding installation.
Proposal:
Revise §1.9.D.1(b) of the EPDC so that the Code’s “Rules of Measurement” related to
“Building and Structure Setbacks from Lot Lines” include the equipment necessary for
the operation of roof-mounted photovoltaic systems in its existing “Features Allowed
Within Building Setbacks” provisions.
Minimum setback standards for buildings and structures are utilized by governments to
help ensure the orderly development of land, to protect sensitive habitats, and to help
protect the public from potential hazards to human health and safety. Indeed, the
concept of setbacks may come to mind when reading the first item listed in EPDC §1.3
(“Purpose and Intent” of the Code), which states that the EPDC is intended to “Provide
for coordinated, harmonious development of the Estes Valley and the Town of Estes
Park, which will, in accordance with present and future needs, best promote health,
safety, order, convenience, prosperity and general welfare, as well as efficiency and
economy in the process of development.”
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The above statement touches on many aspects relevant to this proposed Code
Amendment. The two most pertinent can be found at the end: efficiency and economy.
According to the United States Department of Energy, collecting and utilizing solar
energy onsite can lead to reduced energy bills, increased home values, and reduced
emission of the greenhouse gases which are contributing to climate change.1 Property
owners have responded to evidence of the benefits of solar panels by installing them at
an increasing rate, especially in Colorado given the abundant sunshine the state enjoys
throughout the year. Renewable energy production in Colorado has more than doubled
since 2010,2 according to the U.S. Energy Information Administration, and as demand
for solar energy increases, governments are working to make solar installations easier
in a free market context. In fact, the Climate Smart Larimer County Framework
(published in 2020) identifies removing barriers to installation of solar photovoltaic
systems as one of its recommended actions.3 Specific action to better enable solar
installation for property owners who would like them are occurring elsewhere in our
region, as well. The City of Laramie, Wyoming, for example, has amended its own
development code to allow solar equipment to extend three feet into required setbacks.4
That is what we are proposing to do with this Amendment, and an article on Laramie’s
initiative, and similar action by other communities in the United States, is attached to the
Memo (see Attachment 2: Article - Change Height & Setbacks to Encourage
Renewables – Sustainable Development Code).
The distance of setbacks, measured from property lines into the interior of a property a
set distance, varies among the different zone districts in Estes Park, but they affect all
parcels of real property in the town and are subject to the same Rules of Measurement.
There are currently nine categories of exemption to zone district minimum setback
standards for buildings and other structures (see Exhibit A: Proposed Amendment to
Code Text, pages 3-4). If approved, this Code Amendment would create a tenth
exemption to allow the minimum equipment necessary for roof-mounted solar
photovoltaic systems to extend up to three feet into the minimum setback area of any lot
of record in Estes Park.
Staff findings regarding the Proposal:
The text amendments comply with EPDC §3.3.D (Code Amendments – Standards for
Review), as outlined below:
§3.3.D.1. The amendment is necessary to address changes in conditions in the areas
affected. Affirmative. Review of building permit applications for solar photovoltaic
systems has revealed that setback standards regularly impact the ease of system
installation. The hardship is often related to the fact that the 2000 rezoning of many lots
in Estes Park caused them to become legal non-conforming due to minimum lot size,
resulting in setback compliance challenge even for fairly common improvements such
as Solar PV systems (there have been 26 permit applications submitted for solar PV
systems since our electronic permitting system, Community Core, went live in January
2020. This represents 3.4% of all permit applications).
§3.3.D.2. The development plan, which the proposed amendment to this Code would
allow, is compatible and consistent with the policies and intent of the Comprehensive
Plan and with existing growth and development patterns in the Estes Valley. Not
applicable.
Page 142
§3.3.D.3. The Town, County or other relevant service providers shall have the ability to
provide adequate services and facilities that might be required if the application were
approved. Affirmative. Town, County or other relevant service providers would not be
significantly impacted regarding their respective services and facilities, if this Code
Amendment is approved.
Advantages:
•Approval of the Code Amendment will allow an expanded use of renewable
energy in Estes Park in a free-market context by removing a barrier to system
installation.
Disadvantages:
None identified
Action Recommended:
Staff recommends Approval of the Code Amendment
Finance/Resource Impact:
Little or none.
Level of Public Interest:
Low.
Sample Motions:
I move that the Town Board of Trustees APPROVE Ordinance 06-21.
I move that the Town Board of Trustees deny Ordinance 06-21.
I move to continue Ordinance 06-21 to the next regularly scheduled meeting.
Attachments:
1.Ordinance 06-21 and Exhibit A
2.Article: Change Height & Setbacks to Encourage Renewables – Sustainable
Development Code
1https://www.energy.gov/energysaver/benefits-residential-solar-electricity
2https://www.eia.gov/state/?sid=CO#tabs-1
3https://www.larimer.org/sites/default/files/uploads/2021/cslc_framework_11.16.2020_final_2.pdf
4https://perma.cc/F6VY-WF4H
Page 143
ORDINANCE NO. 06-21
AMENDING SECTION 1.9 OF THE ESTES PARK DEVELOPMENT CODE
REGARDING FEATURES ALLOWED WITHIN BUILDING SETBACKS
WHEREAS, on March 16, 2021, the Estes Park Planning Commission conducted
a public hearing on a proposed text amendment to the Estes Park Development Code
adding a tenth item to §1.9.D.1(b) (Features Allowed Within Building Setbacks) to permit
equipment for roof-mounted solar photovoltaic systems to encroach into the minimum
setback area of a lot up to three feet, if necessary; and
WHEREAS, on March 16, 2021, the Estes Park Planning Commission voted to
recommend approval of the text amendment; and
WHEREAS, the Board of Trustees of the Town of Estes Park finds the text
amendment complies with Estes Park Development Code section 3.3.D and has
determined that it is in the best interest of the Town that the amendment to the Estes Park
Development Code, as set forth on Exhibit A, be approved; and
WHEREAS, said amendment to the Estes Park Development Code is set forth on
Exhibit A, attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Section 1.9.D.1(b) of the Estes Park Development Code is hereby
amended by the addition of underlined material as set forth on Exhibit A.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2021.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
Attachment 1
Page 144
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of , 2021 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2021, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
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§ 1.9 - Rules of Measurement
A.Lot Area Measurement. Lot area refers to the total gross amount of horizontal land area within lot
lines. Public and private rights-of-way and streets shall not be included in calculating lot area. No
development plan, subdivision approval, building permit or other land use approval shall be issued for a
lot that does not meet the minimum lot area requirements of this Code, except as may be otherwise
allowed in this Code. See Figure 1-1.
B.Lot Width Measurement. Lot width refers to the horizontal distance between the side lot lines as
measured along a straight line parallel to the front lot line or the chord thereof. The minimum lot width
shall be measured between the side lot lines along a line that is parallel to the front lot line and located
the minimum front setback distance from the front lot line. Lot width standards shall apply to lots that
do not have a front lot line, i.e., lots that do not abut a street. In these cases, the Decision-Making Body
shall determine where to measure lot width. See Figure 1-1.
(Ord. 8-05 #1)
Figure 1-1
C.Density Calculation.
1.Net Land Area. Net land area shall be determined by subtracting from the gross land area, the
following (as applicable):
a. Eighty percent (80%) of lands located in the 100-year floodplain;
b. Eighty percent (80%) of lands located above the elevation serviceable by the Town of
Estes Park water system;
Exhibit A
Page 146
c. All lands within private streets or dedicated public rights-of-way; and
d. All lands subject to a ground lease that, because of the lease terms, would not be
available for development of the proposed land use(s) on the subject property.
2.Net Density. Net density shall be calculated by dividing the net land area by the minimum lot
area or land area required for each unit.
3. When applying a density standard to a parcel's net land area, any fraction of less than one-
half (½) shall be rounded down to the next lower whole number and any fraction of one-half (½)
or more shall be rounded up to the next higher whole number.
(Ord. 11-16 §1)
4. The number of dwelling or accommodation units allowed on a site is based on the
presumption that all other applicable standards shall be met. The maximum density established
for a zoning district (see Chapter 4) is not a guarantee that such densities may be obtained, nor
a valid justification for varying other dimensional or development standards.
D.Setbacks—Building and Structure Setbacks.
1.Building and Structure Setbacks from Lot Lines.
a.Measurement: Setbacks shall be measured as the distance between the nearest lot
line and the furthermost projection of a building or structure along a line at right angles
to the setback line. Setbacks shall be unobstructed from the ground to the sky except as
otherwise specifically allowed in this Section. See Figure 1-2.
b.Features Allowed Within Building Setbacks:
(1)Cornices, canopies, eaves or other similar architectural features, provided
they extend no more than three (3) feet into a required setback or yard;
(2)Driveways and sidewalks, provided that the edge of a driveway shall be set
back at least three (3) feet from an adjacent property line unless owners of
abutting properties agree in writing that the edge may be closer to or abut their
common property line;
(3)Fences or walls subject to height and other restrictions set forth in this Code;
(4)Patios and decks, uncovered and at-grade, provided they do not extend
more than thirty percent (30%) of the required setback distance to any required
setback. See Figure 1-2;
(5)Steps to the principal entrance and necessary landings, together with
railings, that comply with the Uniform Building Code, provided they do not
extend more than six (6) feet into the required setback;
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(6)Landscaping;
(7)Trees, vegetation or other features of natural growth; and
(8)Utility lines, wires and associated structures within a utility easement.
(9)Signs that comply with applicable sign regulations.
(10) The minimum amount of equipment necessary for the functional operation
of roof-mounted photovoltaic systems; provided that such equipment shall be
located as close to an adjacent building or structure as is reasonably practicable
and does not extend more than three (3) feet into the required setback.
(Ord. 8-05 #1)
(1011) Postal boxes.
(Ord. 8-05 #1)
(1112) Parking lots that comply with landscaping standards set forth in §7.5.G,
"Parking Lot Landscaping."
(Ord. 8-05 #1)
c.Front Setbacks on Corner Lots and Double-Frontage Lots: For corner lots and double-
frontage lots, all sides of the lot with street frontage shall be required to establish the
applicable front yard setback. See Figure 1-2.
(Ord. 8-05 #1)
d.Intersection and driveway sight visibility: Intersection and driveway sight visibility
shall comply with the requirements of Appendix D, Section IV.C (Intersection and
Driveway Visibility).
(Ord. 18-01 #1)
2.Development Setbacks from River and Stream Corridors and Wetlands.
a.Stream and River Corridors. Development setbacks shall be measured as the distance
between the delineated stream or river corridor, as set forth in §7.6.D.2, and the
furthermost projection of a building or structure along a line at right angles to the
setback line. Setbacks shall be unobstructed from the ground to the sky except as
otherwise specifically allowed in §7.6.D of this Code. See Figure 1-2.
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b.Wetlands. Development setbacks shall be measured as the distance between the
delineated wetland edge, as set forth in §7.6.D.3, and the furthermost projection of a
building or structure along a line at right angles to the setback line. Setbacks shall be
unobstructed from the ground to the sky except as otherwise specifically allowed in
§7.6.D of this Code. See Figure 1-2.
E.Height.
1.Measurement of Maximum Building Height. Height means the vertical distance measured
from the mean average elevation of the finished grade ((lowest point elevation + highest point
elevation)/2):
(1)To the highest point of the roof surface, excluding parapet, if a flat roof;
(2)To the deck line of a mansard roof;
(3)To the mean height level between the lowest point of the topmost top plate and highest
ridge for a gable, hip or gambrel roof; or
(4)Exception: For any building with a steep sloped roof, the highest-point elevation shall be
measured from average finished grade to the highest point on the highest ridge. For purposes of
this subsection, the term "steep sloped" shall mean any roof with a pitch greater than or equal
to a 12:12 ratio.
(Ord. 28-17 §1(Exh.))
Page 149
2.Line of Measurement. Height shall be measured along a vertical (plumb) line connecting the
horizontal plane of roof height measurement to the horizontal plane of finished grade, as
specified herein.
3.Exemptions from Height Standards. The following features shall be exempt from maximum
building height:
a. Chimneys to the extent required by the applicable building code(s);
b. Skylights, parapet walls, cornices without windows, communications antennas, Micro
Wind Energy Conversion System (MWECS); and
c. Wireless telecommunications facilities and structures, but only to the extent allowed
by the specific provisions set forth in Use Tables 4-1 and 4-4 in Chapter 4 and in §5.1.T
of this Code.
(Ord. 17-17 §1)
(Ord. 18-01 #1, 2, 10/23/01; Ord. 18-02 #3, 12/10/02; Ord. 8-05 #1, 6/14/05; Ord. 11-16 §1(Exh. A),
4/12/16; Ord. 17-17 §1(Exh. A), 6/13/17; Ord. 28-17 §1(Exh.), 10/24/17)
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CHAPTER 7.3
OTHER ENERGY GENERATION SYSTEMS
Change Height & Setbacks to Encourage
Renewables
Kerrigan Owens (author), Jonathan Rosenbloom & Christopher Duerksen
(editors)
INTRODUCTION
Height and set back requirements can frustrate the use and installation of wind and
solar power systems in urban areas. Because solar and wind systems are often installed
on rooftops, they are often considered part of the structure and calculated towards a
buildings’ maximum height. As such, developers building near the maximum allowable
height may not be permitted to install rooftop energy systems. If a developer wanted to
install a renewable system on the roof, she would be required to reduce the overall
height of the interior space to make room for the solar or wind system or seek a
variance. This may reduce the square footage or make development more expensive,
making it more difficult for the developer to meet their financial expectations. To
encourage more developers to incorporate renewable energies this ordinance would
relax the height and setback requirements in relation to wind and solar energy systems.
[1]This ordinance can be drafted in a way to reduce requirements across districts or to
create specific exceptions to height or setbacks.
Another tool being used by local governments is the incorporation of the International
Building Code (IBC).[2] The IRC is updated every three years and includes the best
practices from around the nation.[3] One of the recent additions to the IRC is the “Solar-
Ready Provision” which details how to expedite and increase smaller scale solar units on
homes. Some of these enhancements include constructing homes with minimal rooftop
equipment, orienting buildings in a “north-south” fashion and providing a detailed plan
of the roof so that solar installations can confirm that roof will be able to support the
systems.[4] Several local governments have also begun to require on-site renewable
energy capacity prior to issuing a certificate of occupancy (for more information see
Zero Net Energy Buildings brief).[5]
Attachment 2
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To further promote renewable energy systems, several local governments permit solar
and wind systems by-right (for more information see the brief Allow Solar Energy
Systems and Wind Turbines by-Right). In addition, Oregon has enacted statewide
legislation known as the “Oregon Solar Installation Specialty Code,” which establishes
setback and height requirements that pre-empt city codes.[6]
EFFECTS
Electrical energy is one of the largest demands of fossil fuels.[7] Burning these fuels
releases carbon dioxide and other pollutants into the atmosphere which increases
greenhouse gas (GHG) emissions, leading to climate change.[8] One way to lower GHG
emissions is to switch to alternative energy production.[9] Relaxing local regulatory
requirements around alternative energy production will encourage more individuals to
choose alternative energies on their own accord without direct government actions.
These alternatives help to decrease air pollution and help improve human health[10] by
mitigating respiratory illnesses that can stem from the burning of fossil fuels.[11] By
relaxing regulations on solar and wind energy systems, citizens are able to choose
systems that help mitigate the effects of climate change while improving and promoting
human health.[12]
EXAMPLES
Minneapolis, MN
Minneapolis like most municipalities has height and setback requirements in each of its
zoning districts. These requirements would in many cases frustrate the construction of
wind and solar power systems. However, Minneapolis codified separate ordinances to
govern wind and solar energy systems in all districts.[13] One ordinance sets universal
standards for wind production in all districts. This ordinance specifically governs wind
systems while solar systems are governed by other sections of the code. Wind energy
systems are limited to a height of 15 feet measured from where the turbine is attached
either to the building or to the ground.[14] These attached systems are permitted by
right.[15] On buildings that are over four stories, the wind energy system must be
installed above the fourth story.[16] Free standing systems are permitted on a
conditional basis, and must comply with condition specific standards such as
encroachments and setbacks, specific height requirements per zoning district, etc.[17]
The provision also lists specific aesthetic requirements that the wind systems must meet,
including using compatible materials, colors, and textures of surrounding buildings.[18]
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The ordinance for solar systems functions in a similar fashion to the wind system
ordinance and allows solar systems by right within all zoning districts.[19] The solar
ordinance sets height requirements for solar systems to not extend further than three
feet above the ridge level roof and cannot extend further than ten feet above surface
roof. The setback requirement for solar systems is one foot from the perimeter of the
roof, but for any system which does not extend above three feet there is no setback
requirement.[20] For freestanding solar systems, they must be constructed to stand
below twenty feet or to not exceed the principal structure.[21] The ordinance also sets a
requirement that for solar systems within a residential or office district, the system may
not exceed five percent of the total lot area.[22] Furthermore, the ordinance states that
even if the solar system does not meet the above criteria, there is the option of applying
for a permit for conditional use.[23] This application mirrors the above criteria, and
allows for an administrative evaluation of the specific applicant.[24]
To view the wind energy provision see Minneapolis, MN, Zoning Code § 535.710 (2007).
To view the solar energy provision see Minneapolis, MN, Zoning Code § 535.840 (2007).
Laramie, WY
Laramie’s energy code allows for both solar and wind energy systems in all zoning
districts, with no exceptions for homeowners association restrictions.[25] Solar energy
systems are given an additional three feet of space above the maximum building
height.[26] While wind energy systems are allowed to reach a maximum of 75 feet from
the ground.[27] Setback requirements for solar systems may extend three feet into the
area, and systems which exceed the three feet have the option to be permitted for a
conditional use.[28] The setback requirements for wind systems are separated by
freestanding towers, which are required to be set back the distance of the system’s
height. Mounted systems must be setback according to the applicable code found in
Section 15.12.000.[29] These relaxed standards for height and setback help meet the
code’s purpose in decreasing dependence upon non-renewable energy systems.[30]
To view the provision see Laramie, WY, Code of Ordinances § 15.14.030 (A) (1) (2017).
ADDITIONAL EXAMPLES
Seattle, WA, Municipal Code § 23.44.046 (2010) (allows solar collectors specifically to
exceed height restriction by several feet and provides unique setback for solar
collectors).
Watertown, MN, Code of Ordinances § 61-16 (2016) (creates a set of guidelines for the
placement of home solar systems).
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Stoughton, WI, Code of Ordinances §78-206 (10) (2009) (provides setback and height
requirements for small wind energy systems).
CITATIONS
[1]Minneapolis, MN., Zoning Code §§ 535.710, 535.840; Seattle, WA., Municipal Code §
23.44.046.
[2]Beren Argetsinger & Benjamin Inskeep, Standards and Requirements for Solar
Equipment, Installation, and Licensing and Certification, Clean Energy States Alliance
(2017) https://perma.cc/JT4C-KAFF . See also Baltimore, MA, Code of Ordinances § 14-
0413 (2014) (adoption of the International Green Construction Code as part of the City’s
building code).
[3]Id.
[4]Id.
[5]Id. (citing City of Tuscon Planning and Development Services Department.
“Residential Plan Review: Solar Ready Ordinance, Ordinance No. 10549).
[6]Oregon Department of Consumer and Business Services, “Oregon Solar Installation
Specialty Code,” October 2010, https://perma.cc/74CK-ERNT.
[7]Andrew E. Dessler, Introduction to Modern Climate Change, Cambridge University
Press, 172 (2012).
[8]Rex A. Ewing & Doug Pratt, Got Sun? Go Solar: Harness Nature’s Free Energy to Heat
and Power Your Grid-tied Home, 12-13 (2d ed. 2009); Dessler, supra note 7, at 172.
[9]Rex A. Ewing & Doug Pratt, supra note 8; Dessler, supra note 7, at 172.
[10]See e.g., Wind Energy Benefits, https://perma.cc/7WH6-U44V; See also State
Renewable Energy Resources, https://perma.cc/C564-JMJ7.
[11]Anne E. Gimmer and Kay D. Weeks. The Secretary of the Interior’s Standards for
Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings,
https://www.nps.gov/tps/standards/rehabilitation/sustainability-guidelines.pdf page 16;
Office of Energy Efficiency and Renewable Energy. How Do Wind Turbines
Work? https://perma.cc/5FRZ-3T78.
[12]See Jennifer Kuntz, Article: A Guide to Solar Panel Installation at Grand Central
Terminal: Creating a Policy of Sustainable Rehabilitation in Local and National Historic
Preservation, 10 Vt. J. Envtl. L. 315 (2009).
[13]Minneapolis, MN, Zoning Code §§ 535.710, 535.840.
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[14]Id.
[15]Id.
[16]Id.
[17]Id.
[18]Id. at 535.750(4).
[19]Id. at 535.840(b)(1).
[20]Id. at 535.840 (b)(2).
[21]Id. at 535.840(c).
[22]Id. at 535.840(c)(2).
[23]Id at 535.860.
[24]Id.
[25]Laramie, WY, Code of Ordinances § 15.14.030.
[26]Id. at 15.14.030 (A) (1) (c).
[27]Id. at § 15.14.030 (B) (2) (a).
[28]Id. at 15.14.030(A)(1)(d).
[29]Id. at 15.14.030(B)(4).
[30]Id. at 15.14.030(A)(1)(a).
Please note, although the above cited and described ordinances have been enacted, each
community should ensure that newly enacted ordinances are within local authority, have not been
preempted, and are consistent with state comprehensive planning laws. Also, the effects described
above are based on existing examples. Those effects may or may not be replicated elsewhere.
Please contact us and let us know your experience.
Page 155
Page 156
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Randy Hunt, Community Development Director
Date: April 27, 2021
RE: Fee Waiver Request, Lots 1 And 2 High Pines Subdivision, 1 and 11
Riverside Drive, Rezoning Fees, Van Horn Engineering.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Fee Waiver
QUASI-JUDICIAL YES NO
Objective:
Determine if the fee waiver request complies with Town Board’s adopted fee waiver
policy and take action on the request.
Present Situation:
Lots 1 and 2 of the High Pines Subdivision, located in unincorporated Larimer County
and addressed 1 and 11 Riverside Drive, have been proposed for annexation into the
Estes Park town limits by Van Horn Engineering. The properties are currently zoned
“EV A-1” by Larimer County, which is not a zoning designation recognized by the Estes
Park Development Code (EPDC). In all annexations, the Town Board of Trustees
designates, by ordinance, zoning to newly incorporated parcels in order for
development of the parcels to be controlled by the EPDC.
For the 20 years prior to April 1, 2020, when a cooperative planning agreement (“the
IGA”) with Larimer County expired, parcels located in the unincorporated portion of the
Estes Valley not under federal or state control were zoned in a way which was
compatible with the EPDC. The Community Development Department has advised Van
Horn engineering that a standard rezoning process, to include the Estes Park Planning
Commission in accordance with the process laid out in EPDC §3.2 (Standard
Development Review Procedure) and EPDC §3.3 (Private-Party-Initiated Applications
for Code Amendments [Rezonings]), would be necessary to account for the
discrepancy. Staff envisions a provisional recommendation on a zoning designation be
advanced to the Town Board of Trustees by the Planning Commission so that the
Town Board may establish zoning of the subject parcels at the same time it approves
annexation of the same, should the Trustees find annexation desirable in their
discretion.
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Indeed, the development standards of unincorporated Larimer County differ from those
of the Town of Estes Park, as acknowledged by Van Horn in their fee waiver request
letter (see Attachment 1: Van Horn Request Letter). This is the case despite the fact
that A-1 Zoning (Town) and EV A-1 Zoning (County) have common roots in the former
Estes Valley Development Code. In fact, staff understands that the reason Van Horn’s
clients wish to have their properties annexed is to take advantage of elements of the
EPDC which are not provided for in Larimer County’s development code; specifically,
the ability to round up density calculations in order to acquire approval of a relatively
higher number of units. When the County adapted the EVDC to their Code, they elected
to require that all fractions be rounded down to the nearest integer value. For example,
2.8 units per acre would round down to 2 units per acre. The Town’s Code is that
fractional values at or above ½ round up to the next integer - e.g., 2.8 units/acre would
round to 3 units/acre in Town (EPDC Sec. 1.9.C.3.)
No information on the proposed development of the subject parcels was provided in the
incomplete set of annexation application materials received by the Town on February 1,
2021 (written notification of application incompleteness has been delivered to Van Horn,
including direction on the issue of rezoning and other missing elements). An complete
application has not yet been received for the annexation or the necessary concurrent
rezoning, as Van Horn wishes to pursue this fee waiver request prior to application
submittal with the understanding that an application for rezoning cannot be processed
without submittal of the applicable fee or a fee waiver granted in its place.
In early 2020, prior to the pending annexation request, development of 1 Riverside
Drive (Lot 1), in the form of a Townhome Minor Subdivision, was proposed by the
would-be applicant team, which included Van Horn. However, they were not able to
submit a complete application prior to the April 1st expiration of the IGA as,
coincidentally, they had planned for a neighborhood meeting – a required element of
such a development application – shortly before the IGA expiration date at the same
time Estes Park and all of Larimer County began restricting public gatherings due to the
COVID-19 pandemic.
Proposal:
Van Horn Engineering requests that the $4,500 fee for the rezoning application be
waived because they, per their request letter, dispute the need for the rezoning process,
and feel the expiration of the IGA and the COVID-19 pandemic was an involuntary
barrier to proceeding with development as proposed in early 2020.
Staff concludes that this fee waiver request does not meet the requirements of Policy
402 (Fee Waiver Policy) (see Attachment 2: Policy 402) for eligible entities and is
otherwise inconsistent with the intent of the Policy. Policy 402 essentially provides for
fee waivers in only two types of circumstances: (a) projects proposed by public-sector
entities (e.g., Town, County School District); or (b) workforce or attainable housing
projects. The applicants have not provided evidence to date that they are proposing
development that meets either of these criteria.
Because the requested fee waiver is greater than $3,000.00, Town Board is the
appropriate decision-making body for this request.
Page 158
Advantages:
None identified.
Disadvantages:
•Waiving fees for private parties which are not identified in Policy 402 is
inconsistent with the Policy.
•Waiving fees for private parties who seemingly are simply unhappy with the
development review process and with circumstances outside of the Community
Development Department’s control may set an undesirable precedent.
Action Recommended:
Community Development recommends denial of the rezoning fee waiver request as
presented.
Finance/Resource Impact:
Approval would represent at least the loss of $4,500.00: the standard fee for rezoning
applications. This fee may not represent total Town expenditures on this application, as
staff across multiple departments have already spent a considerable amount of time
communicating with the would-be applicant and internally on the issues identified with
this request and that of the pending application
Level of Public Interest
Low.
Sample Motion:
I move that the Town Board of Trustees DENY the Fee Waiver Request, in accordance
with the findings as presented.
I move that the Town Board of Trustees approve of the Fee Waiver Request, finding
that [state findings for approval].
I move to continue the Fee Waiver Request to the next regularly scheduled meeting,
finding that [state reasons for continuance].
Attachments:
1.Van Horn Request Letter (March 18, 2021)
2.Policy 402 – Fee Waiver
Page 159
-
LAND SURVEYS
SUBDIVISIONS
DEVELOPMENT PLANNING
IMPROVEMENT PLATS
STRUCTURAL ENGINEERING
SANITARY ENGINEERING
MUNICIPAL ENGINEERING
1 VAN HORN ENGINEERING AND SURVEYING
March 18, 2021
Mr. Randy Hunt
Community Development Director
PO Box 1200
Estes Park, CO 80517
RE: McReynolds/Serrell Rezone fee waiver for Annexation
Dear Mr. Hunt,
On behalf of my clients, Dave McReynolds and Sean Sere II, I am requesting a waiver of fees in
regard to rezoning of the properties associated with the application for the Annexation of Lots 1
and 2 of the High Pines Subdivision. The lots are currently zoned EV A-1 in the new Larimer
County hybrid zoning and would be rezoned to A-1 in the Estes Valley Code. The fee to rezone
back to A-1 zoning (the same zone it was in last year), is $4,500 and seems to be an unreasonable
cost for a rezoning that is almost purely symbolic. The uses and setbacks are all the same, so there
are not any significant changes in rezoning the property, except for some underlying county
setbacks and calculation methods that differ from the town methods. These differences are
primarily handling of river setbacks and the mathematical rounding for unit density.
The two lots were zoned T-tourist in 1999 and were re-zoned to A-1 (Accommodations) when the
new zoning was introduced with the new code in 2000. The lots have been zoned A-1 since 2000
and did not seek to change their zoning to EV A-I of their own accord, but were forced out of
their zoning when the Inter-Governmental Agreement between the county and the town was
failed to be negotiated. This rezoning is not a self-imposed hardship as the properties were both
working on developments before the dissolved IGA (inter-governmental agreement) moved the
zoning to the governance of Larimer County. Lot 2 was actually scheduled to have a hearing the
day after the virus shutdown public meetings, which would have likely cleared the project prior to
the IGA split. So from the perspective of the owner of Lot 2 we have been fighting for over a year
to get back to where we were in 2019, spending money, time and energy in the process.
It is unclear why any rezoning is even necessary in this circumstance as the zoning tables and
setbacks are identical to what they were in 2020 with only a few different considerations with the
underlying county land use code. Is it possible to consider that the property would NOT be zoned
1043 Fish Creek Road • Estes Park, Colorado 80517 • 970-586-9388 • E-mail: info@vanhomengineering.com
Attachment 1
Page 160
A-1 after annexation? Will there be public feedback as to what the community wants the propertyto be re-zoned to? The uses available to the lots are the same as they were in 2000, in 2020, in2021 and will be the same uses in the rezone.
Due to hardships brought on by cancellation of the last development application due to virus restrictions, the breakdown of the relationship between the Town of Estes Park and Larimer County, the lack of purposeful rezoning considerations of changing uses. We believe this property qualifies for a fee waiver from development review and the entirety of the $4,500 annexation fee.
The costs of Annexation to bring the properties back into the Estes Valley Development Code into the same zoning the properties had just one year previous are already being bore by the property owners and it seems unreasonable that an additional $4,500 for a mostly symbolic rezone should be born by the property owners.
Thank you for your consideration for this fee waiver request.
� 11i�LJ1t� Tom Bergman, Project M 11ager For Van Hom Engineering & Surveying, Inc.
1043 Fish Creek Road • Estes Park, Colorado 80517 • 970-586-9388 • E-mail: info@vanhomengineering.com Page 161
Effective Period: Until Superseded
Review Schedule: Biennially -Summer
Effective Date: 4/26/2019
References: N/A
COMMUNITY DEVELOPMENT
402
Fee Waiver
1.PURPOSE
To establish a uniform policy for waiver of Community Development fees in
support of essential community needs.
2.POLICY
It is the policy of the Town Board of Trustees to support essential community needs
such as attainable and workforce housing, assisted living, and health care services
through consideration of waiving in-house fees assessed by the Community
Development Department. The Estes Valley Comprehensive Plan is used as a guide
in identifying these community needs.
3.PROCEDURE
a.Eligible Entities
The following entities may be exempted from some or all Community
Development Department fees, e.g., building permit fees, development review
fees, and sign code fees (except for direct expenses incurred in outsourcing):
1)Public funded government construction (federal, state, county, local);
including tax districts/special districts (e.g., hospital, library, parks and
recreation); or
2)Organizations providing low-income health and human services or
attainable or workforce housing.
b.Fee Waiver Criteria
The Following criteria will be used to qualify low-income health and human services
or attainable or workforce housing projects:
Document Title
Revisions: 2
1)A critical service is being provided;
2)The permitted project or building will serve or support a currently
underserved and needy segment of the community;
3)The population being served is the general public and is not subject to
any pre-qualification other than a needs-based (attainability) qualification,
or (in the case of housing} a local employment (workforce} qualification;
Policy 402 Fee Waiver
Town of Estes Park, Community Development
4/26/2018
Page 1 of 3
Attachment 2
Page 162
4)Attainable or workforce housing is deed-restricted; or
5)In the case of housing, a project is eligible for the attainable or workforce
incentive criteria in Sec 11.4 of the Estes Valley Development Code.
c.Fee Waiver Request
It is not the policy of the To wn of Estes Park to routinely waive fees for
projects meeting the above criteria. These projects may request exemption by
submitta l of a written request to the Community Development Department. The
decision-making body will hear the request and may choose to waive some or
all fees based on the merits of request.
Waiver Request Decision-Making Body
�$500 per projec t; or Communi ty Deve lopment D irector
<$500 per attainable or workforce housing unit
>$500 and �$3,000 per project; or Community Development Dir ector,
>$500 and �$3,000 per attainable or workforce following review by Town
housing unit Administrator
>$3,000 per projec t; or Town Board
>$3,000 per attainable or workforce housing
unit
Approved:
�-�-Mayo�•
�/n,t"I D te
Revised by Town Administrator 3/29/2018 per Ordinance 04-2018
Document Title
Revisions: 2
Policy 402 Fee Waiver
Town of Estes Park, Community Development
4/26/2018
Page 2 of 3
Page 163
Page 164
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Date: 4/27/2021
RE: Resolution 37-21 Approving an Amendment to Purchase Contract for the
Thumb Open Space
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seeks approval of Resolution 37-21 amending the contract for the
purchase of the Thumb Open Space.
Present Situation:
The Town Board approved a purchase contract for the Thumb Open Space on
September 8, 2020 and the contract was executed December 9, 2020.
Proposal:
Great Outdoors Colorado (GOCO) requested the contract be amended to include a
uniform land description to match the Conservation Easement and the title work. This
amendment also officially extends the date of purchase to June 1, 2021.
Advantages:
•This will allow the Town to finalize the purchase by June 1, 2021 and have all
purchase documents read with the same land descriptions.
Disadvantages:
•Some neighboring property owners object to the increased human activity on this
parcel which is expected to occur under Town ownership.
Action Recommended:
Staff requests approval from the Board for the Mayor to sign this amendment to the
Thumb Open Space Purchase Contract.
Page 165
Finance/Resource Impact:
The Town contribution to the land acquisition is proposed to be paid with Larimer
County Open Lands funds ($171,700.00) and state lottery Conservation Trust Funds
($70,000). These funds are budgeted.
Level of Public Interest
The level of interest from the neighboring property owners is high while the known
public interest from the broader community is moderate.
Sample Motion:
I move for the approval/denial of Resolution 37-21.
Attachments:
1. Resolution 37-21
2.Amendment to the Purchase Contract
Page 166
RESOLUTION 37-21
APPROVING AN AMENDMENT TO THE CONTRACT TO BUY AND SELL REAL
ESTATE WITH PROSPECT MOUNTAIN, LLC, FOR THE PURCHASE OF THE
THUMB OPEN SPACE PROPERTY
WHEREAS, the Town entered a Contract to Buy and Sell Real Estate with
Prospect Mountain, LLC, on December 9, 2020, to purchase the Thumb Open Space;
and
WHEREAS, the Town desires to amend this contract to update the legal
description to conform to the draft conservation easement for the property, and to officially
extend the purchase date to June 1, 2021 or another date to which the parties may agree.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the contract amendment
referenced in the title of this resolution, in substantially the form now before the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 167
PROSPECT MOUNTAIN, LLC
CONTRACT TO BUY AND SELL REAL ESTA TE
FIRST AMENDMENT
The parties, the Town of Estes Park, Colorado (Purchaser), a municipal corporation, and
Prospect Mountain, LLC (Seller), a Nebraska limited liability company whose address is 2752
Manse Ave, Li
?,:eliJl,,tfE 68502, m� Fi�endment to the Contract to Buy and Sell Real
Estate this V \ · ' day of ( , 2021, at the Town of Estes Park,
Colorado.
WHEREAS, Purchaser and Seller entered into a Contract to Buy and Sell Real Estate on
September 9, 2020 (Contract) for the purchase and sale of the Thumb Open Space Property.
NOW, THEREFORE, in consideration of the covenants and agreements by the respective
parties hereto, it is mutually agreed as follows:
SECTION I: AMEND ED LEGAL DESCRIPTION. The description of the Property as defined
· · in the Contract shall be amended to reflect an updated title commitment. The parties intend no
actual change in the property to be conveyed, only a change in the manner of its description.
Accordingly, section 2 of the Contract is hereby repealed and replaced with the following
language:
2 PROPERTY. The Property subject to this Contract is defined as the following described
real estate in the County of Larimer, Colorado, to wit:
Parcel I
OUTLOT C, PROSPECT MOUNTAIN SUBDIVISION, a P.U.D., First Filing, a portion
of Tract A, Prospect Estates Addition to the Town of Estes Park, located in the SE ¼ of
Section 36, Township 5 North, Range 73 west of the 6th P.M. County of Larimer, State of
Colorado, a P.U.D. recorded March 2, 1982 in Book 2156 at Page 1463. Also identified in the
records of the Larimer County Assessor as Parcel Number 3536408003.
Parcel II
OUTLOT A, PROSPECT HIGHLANDS SUBDIVISION a portion of Tract A, Prospect
Estates Addition to the Town of Estes Park, located in the SE¼ of Section 36, Township
5 North, Range 73 West of the 6th P.M. County of Larimer, State of Colorado, under as
described and depicted on the above referenced plat, recorded February 24, 1998 at
Reception Number 98013581. Also identified in the records of the Larimer County
Assessor as Parcel Number 3536426001.
Attachment 2
Page 168
Parcel III
OUTLOT B, PROSPECT HIGHLANDS SUBDIVISION a portion of Tract A, Prospect
Estates Addition to the Town of Estes Park, located in the SE ¼ of Section 36, Township
5 North, Range 73 west of the 6th P.M. Larimer County, Colorado, as described and
depicted on the above referenced plat, recorded February 24, 1998 at Reception Number
98013581. Also identified in the records of the Larimer County Assessor as Parcel Number
3536426002.
Parcel IV
OUTLOT C, PROSPECT HIGHLANDS SUBDIVISION a portion of Tract A, Prospect
Estates Addition to the Town of Estes Park, located in the SE¼ of Section 36, Township
5 North, Range 73 west of the 6th P.M. Larimer County, Colorado, as described and
depicted on the above referenced plat, recorded February 24, 1998 at Reception Number
98013581. Also identified in the records of the Larimer County Assessor as Parcel Number
3536427003.
Parcel V
LOT 13, PROSPECT HIGHLANDS SUBDIVISION a portion of Tract A, Prospect Estates
Addition to the Town of Estes Park, located in the SE ¼ of Section 36, Township 5 North,
Range 73 west of the 6th P.M. Larimer County, Colorado, as described and depicted on the
above referenced plat recorded February 24, 1998 under Reception Nu mber 98013581.
Also identified in the records of the Larimer County Assessor as Parcel Number
3536425013.
Less and except a strip of land granted to the United State of America located in the
Northwest Quarter of the Southeast (NW1/4SE1/4) of Section 36, Township 5 North,
Range 73 West, 6th Principal Meridian, said strip being 25 feet in width and further
described in Book 842 Page 97, under Reception Number 588327.
together with all easements and rights of way appurtenant to the Property, and all improvements
on the Property; together with:
any water, water rights, ditches and ditch rights, including shares in water and ditch companies
appurtenant to or used in connection with the Property;
together with any minerals of whatever kind or character in, under, and upon or that might be
produced from the Property (including any rights and royalties under any mineral leases).
SECTION 2: CLOSING DATE. The parties shall close this Contract on June 1, 2021 or another
date to which the parties may agree. Purchaser shall set the hour and place of closing. Closing
agent shall place the earnest money and part payment in an interest-bearing escrow or trustee
2
Page 169
account and shafl pay the interest to Seller. Except as otherwise agreed, the Purchaser shall pay
any closing or 'escrow costs or fees, including costs of drafting the deed of conveyance,
documentary stamps and recordation.
SECTION 3: CONSTRUCTION. All other terms and conditions shall remain in full force and
effect. In this First Amendment, words of the masculine gender include the feminine and neuter
gender and words of the neuter gender refer to any gender. Words in the singular include the plural
and vice versa. This First Amendment shall be construed according to its fair meaning, as if
prepared by both parties, and not in favor of or against either party. This document and any other
documents incorporated by reference contain the entire understanding and agreement between the
parties. There are no other terms, conditions, promises, understandings, statements or
representations, expressed or implied, concerning the subject of this First Amendment unless
stated in writing and signed by both parties.
Dated this ____ day of __________ 2021.
TOWN OF ESTES PARK, COLORADO
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
3
Page 170
SELLER
Prospect Mountain, LLC
c�
Seller's mailing address:
Seller's social security or other tax ID#:
2501 N St, #IOI, Lincoln, NE 68510
85-0707925
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me by Cynthia A. Curry. a member
on behalf of Prospect Mountain. LLC, a Nebraska limited liability company, this S::�ay of
-'�'---H'--Jt�(�L�--�· 2021.
Witness my hand and official Seal.
My Comntlssion o,pIDe� 2D I
EIIEJIAI. NOTARY-State of Nebraska BRENDA M WOODARD
My Comm. e.p. .hme 20, 2023
4
Page 171
Page 172
PUBLIC WORKS Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Date: 4/27/2021
RE: Thumb Open Space Conservation Easement
Objective:
Report on the amended Conservation Easement (CE).
Present Situation:
The Thumb Open Space is composed of five parcels with three different conservation
easements; 1) the Insurance Admin CE, 2) the Central Administration CE, and 3) the
Prospect Mountain TA CE. The Insurance Admin CE allows for one dwelling unit.
Proposal:
This conservation easement consolidates all three easements into one. The new CE
removes the ability to build the dwelling unit and allows for public access. The CE
defines the rights of the new owner, the Town of Estes Park, and the conservation
easement rights of the Estes Valley Land Trust.
Advantages:
•Removes the ability to build any dwelling units on the entire property.
•Allows the Town to open the property to public for climbing, hiking, wildlife
watching and other outdoor activities.
•Continues to secure the land from other forms of development.
Disadvantages:
•It will increase the amount of people using the property and that may have a
negative effect to the surrounding community and land however, the defined
management plan will help mitigate adverse impacts.
Action Recommended:
Town staff has worked with our partners (GOCO, the Land Trust and the Access Fund)
throughout the past year to reach compromises and develop this document. This
document gives the Thumb Open Space protection in perpetuity. Resolution 55-20
authorized the Town Administrator to approve all further documents and ancillary
agreements necessary to complete the purchase of the Thumb Open Space. The CE is
one of those documents, and needs to be signed on the determined closing date.
Page 173
Accordingly, no formal action is required by the Town Board at this time. Instead, this
CE is presented for the Board’s review and consideration in advance of its
administrative approval.
Finance/Resource Impact:
The Town contribution to the land acquisition is proposed to be paid with Larimer
County Open Space funds ($171,700) and state lottery Conservation Trust Funds
($70,000).
Level of Public Interest
The level of interest from the neighboring property owners and users is high while the
known public interest from the broader community is moderate.
Attachments:
1.Thumb Open Space Conservation Easement
Page 174
Exhibit A
0 500 1,000250 Feet
1:6,000
Property/This map is produced from publicly availablegeospatial information. GIS data and map accuracymight vary due to accuracy differences in the datasources or at certain scales.
Parcel V Parcel IV
Parcel III
Parcel II
Parcel I
Page 175
Page 176