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HomeMy WebLinkAboutPACKET Public Works, Utilities and Public Safety 2012-01-12Preparation date: December 30, 2011 NOTE: The Public Safety, Utilities and Public Works Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. AGENDA TOWN OF ESTES PARK PUBLIC SAFETY, UTILITIES & PUBLIC WORKS COMMITTEE January 12, 2012 8:00 a.m. Board Room, Town Hall 1. PUBLIC COMMENT 2. PUBLIC SAFETY a) RECOMMENDATIONS TO THE TOWN BOARD i) Estes Valley Victim Advocate 2012 Contract. Chief Kufeld. 3. UTILITIES a) RECOMMENDATIONS TO THE TOWN BOARD ii) None. b) REPORTS i) SunGuard Software Project Upgrade. Director Bergsten & Manager Pallissard. ii) Utilities Assessment. Director Bergsten. 4. PUBLIC WORKS a) RECOMMENDATIONS TO THE TOWN BOARD i) Wiest Parking Lot Restroom Retaining Wall Repair. Director Zurn. b) REPORTS i) Bond Park Phase V Design Consultant. Director Zurn. ii) 2012 Street Improvement Project List – Study Session iii) 2012 Project Schedule Prioritization. Director Zurn. 5. ADJOURN POLICE DEPARTMENT Memo To: Public Safety, Utilities and Public Works Committee From: Wes Kufeld, Chief of Police Date: January 12, 2012 RE: Estes Valley Victim Advocates Contract Background: Each year, the Estes Valley Victim Advocates receive funding from the Town of Estes Park for services rendered to crime victims who are residents of the Estes Valley. There is a change from the previous year’s contract due to the fact that the Advocates purchased pagers and will not need to be supplemented $420.00 for this budget year. Budget: $7,500.00 less $420.00 for pages as referenced above as budgeted in 2012 which is distributed equally each quarter from line item 101-2100-421.22-98. Recommendation: Staff recommends the Estes Valley Victim Advocate Contract to the Town Board, to be included on the Consent Agenda at the January 24, 2012 Town Board meeting. Page 1 CONTRACT FOR SERVICES TOWN OF ESTES PARK THIS CONTRACT, dated this ____________ day of______________, 2012, is by and between the TOWN OF ESTES PARK, STATE OF COLORADO, 170 MacGregor Ave., Estes Park, CO, a body politic and corporate (the "Town"), and ESTES VALLEY VICTIM ADVOCATES, INC. ("Contractor".) RECITALS WHEREAS, the Town plans to continue a project entitled, "ESTES VALLEY VICTIM ADVOCATES," and WHEREAS, the Town desires to retain the services of the Contractor to assist it in studies relative thereto and the planning and designing thereof as set forth in this agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein, and for other good and valuable considerations, the sufficiency of which is hereby acknowledged, the Town and the Contractor agree as follows: 1. CONTRACT DOCUMENTS: the "Contract Documents" shall consist of the following: a. This Contract; b. The Scope of Services, attached hereto as Exhibit "A;" All of which are incorporated by reference as though set forth in full herein, whether or not attached hereto, and shall form an integral part of this contract. If there is any conflict between this Contract and the other Contract Documents, this Contract shall control. 2. THE WORK: The Contractor shall furnish the labor, equipment, materials and supervision necessary for or incident to the complete and timely performance of everything described or reasonably implied from the Contract Documents (the "Work") except as provided for herein. 3. INSPECTION: The Town reserves the right to monitor and evaluate the progress and performance of the Contractor to ensure that the terms of this agreement are being satisfactorily met in accordance with the Town and other applicable monitoring and evaluation criteria and standards. Contractor shall cooperate with Town relating to such monitoring and evaluation. 4. PAYMENT: Upon satisfactory completion of the Work, and provided that Contractor is not in default of the Contract, the Town shall pay the Contractor the firm fixed price of SEVENTY FIVE HUNDRED DOLLARS AND 00/00 $7,500 in quarterly fund distribution on or about January 2012, April 2012, July 2012 and October 2012, in equal increment payments of $1,875. 5. TERMINATION: The Town reserves the right to terminate this Contract, in whole or in part, with or without cause upon thirty (30) days written notice to the Contractor. In the event of termination, the Contractor shall incur no additional expenses and shall perform no further services for the Town under this Contract as of the date of receipt of the notice of termination unless otherwise specified by the Town. The Town shall pay the Contractor for all services satisfactorily performed prior to receipt of the notice of termination and for other services required by the Town to be completed prior to termination and satisfactorily performed. In the event of termination for cause, the Contractor shall be liable for any and all damages, including without limitations, the cost of procuring similar supplies or services and all other costs and expenses incurred by the Town because of such failure. 6. INDEPENDENT CONTRACTOR STATUS, PAYMENT OF TAXES AND UNEMPLOYMENT INSURANCE: In performing the Work, the Contractor acts as an independent contractor and is not acting as an agent, servant or employee of the Town. The Contractor is solely responsible for necessary and adequate worker's compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by the Contractor or an entity other than the Town. The Contractor understands and agrees that it is an independent contractor under the terms and conditions of this Agreement. As such, the Contractor is not entitled to employment or insurance benefits through the Town. Also, the Contractor understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. The Contractor also understands and agrees that it is responsible for workers' compensation coverage and taxes for itself and any employee. 7. INDEMNIFICATION: The Contractor hereby agrees to and does indemnify, defend, save and hold the Town harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, attorney's fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of or by any reason of any violation of the contract or of any law, ordinance or regulation by the Contractor, his agents, employees, servants, subcontractors, business invitees; or by reason of any injury or damage however occurring to any person or persons whomever (including the Contractor, his agents, employees, servants, subcontractors, or business invitees) or to property of any kind whatsoever and to whomever belonging (including the Contractor, his agents, employees, servants, subcontractors or business invitees)- or from any cause or causes whatsoever arising out of the performance of services hereunder. 1. INSURANCE REQUIREMENTS: a. The Contractor and its subcontractors shall purchase and maintain such insurance in a company or companies licensed to do business in the State of Colorado as will protect them from claims which may arise out of or result from operations under the Contract whether such operations be by themselves or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The insurance required by this Contract is set forth below: b. Comprehensive General Liability: The Contractor shall procure and keep in force during the duration of this contract a policy of Comprehensive General Liability insurance insuring the Contractor and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least $1,000,000. The limits of said insurance shall not be a limit to the liability of the Contractor hereunder. c. Comprehensive Automobile Liability: The Contractor shall procure and keep in force during the duration of this contract a policy of Comprehensive Automobile Liability insurance, insuring the Contractor and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising from the use of motor vehicles and shall cover operations on or off the site of all vehicles controlled by the Contractor, whether they are owned, non-owned, or hired, with a combined single limit of at least $1,000,000. The limits of said insurance shall not, however, be a limit to the liability of Contractor hereunder. d. Other Insurance: The Contractor shall procure and keep in force during the term of this Contract, Worker's Compensation and such other insurance as may be required by any applicable law, ordinance or governmental regulation. e. Terms of Insurance: Insurance required shall be with companies qualified to do business in the State of Colorado with a general policy holder's financial rating of not less than that of "A" as set forth in the most current edition of "Best's Insurance Reports", and may provide for deductible amounts as the Contractor may deem to be reasonable for completion of the Work, but in no case greater than $20,000. The Contractor shall not do nor permit to be done anything which shall invalidate the insurance policies referred to in this section, and the Contractor shall immediately advise the Town in writing if a reduction in coverage or other modification of the insurance coverage occurs. Insurance policies shall be for the mutual and joint benefit and protection of the Contractor and the Town. Such policies shall be written as primary policies not contributing to and not in excess of coverage which the Town must carry. f. Proof of Insurance: Prior to the commencement of the Work, the Contractor shall furnish to the Town certificates of insurance policies evidencing the required coverage. Such certificates shall provide that cancellation of the policies in such insurance shall not be effective until thirty (30) days after written notice to the Town. The Contractor shall identify whether the type of coverage is "occurrence" or "claims made". If the type of coverage is "claims made" which at renewal, Contractor changes to "occurrence", Contractor shall carry a six-month tail. The Contractor agrees to insert the substance of these insurance requirements in all subcontracts. Furthermore, the Town will hold the Contractor responsible in the event the subcontractor fails to have adequate insurance. g. The Town reserves the right to approve variations in the above requirements upon request of the Contractor, in the Town's sole discretion. h. Nothing contained in this agreement constitutes a waiver of the Town’s governmental immunity pursuant to the applicable provisions of the Colorado Governmental Immunity Act. 9. AMENDMENT: a. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided; this Contract may not be modified or amended except by written agreement of the parties. b. The Town reserves the right to omit any of the tasks identified in the Scope of Services upon written notice to the Contractor. 10. MISCELLANEOUS PROVISIONS: Governing Law and Venue: This Contract shall be governed by the laws of the State of Colorado and venue shall be in the County of Larimer, State of Colorado. Assignability: This Contract is voidable by the Town if assigned by the Contractor without the prior written consent of the Town. Survival Clause: The indemnification provision of this Contract shall survive the completion of the Work and the termination of this Contract. Compliance with the Laws: The Contractor shall observe and comply with all applicable laws, including but not limited to federal, state and local laws, regulations, rules or ordinances that effect those employed or engaged by it, the materials or equipment used for the conduct of the Work, and shall procure any and all necessary approvals, licenses and permits, all at its own expense. Severability: If any provision in this Contract shall be declared by a court of competent jurisdiction to be invalid, such decision shall not invalidate any other part or provision hereof. Renewal: This contract is subject to renewal annually upon review and agreement of the Contractor and the Town. IN WITNESS WHEREOF, the parties hereto have executed this Contract. TOWN OF ESTES PARK BY: __________________________________ Mayor ATTEST: __________________________________________ Town Clerk ESTES VALLEY VICTIM ADVOCATES, INC. ATTEST: BY: ___________________________________ ___________________________________________ EXHIBIT A SCOPE OF SERVICES 1. Term of Service: The term of this agreement shall be from January 01, 2012, through December 31, 2012, unless earlier termination pursuant to the Contract. This Contract shall be renewed and/or modified as necessary before the beginning of a new grant term and prior to the termination date of the Contract. 2. Remuneration for Services: The Town shall pay Contractor the amount of $7,500 for immediate victim assistance as set forth in paragraph three ("Services Provided") herein. Providing services to victims of crime ($5,000) and crisis intervention ($2,500) in non-criminal incidents. The Town's obligation to Contractor shall not exceed a total of $7,500 for the entire term of this Contract. The Town shall also provide "in kind" contributions such as temporary use of a telephone and/or office while in the service of victims at the Police Department. The Town will also continue to provide monetary (which is included in total contract amount) assistance to cover the expense of pagers not to exceed $420 per year. Pagers will be maintained by the Contractor. 3. Services Provided: Contractor shall provide the following services: 1. Representatives to respond by phone or in person for immediate crisis intervention and counseling. 2. Contractor shall provide twenty-four (24) hour phone referral services and/or other assistance to victims of all crimes in accordance to the laws of the State of Colorado. 4. INDEMNIFICATION: By accepting referrals from the Town to Estes Valley Victim Advocates, Inc., Contractor hereby agrees to fully comply with the provisions of the Americans with Disabilities Act ("ADA"). Contractor agrees to be fully responsible and liable for making counseling and support programs available for use by disabled participants. Contractor agrees to and does indemnify and hold the Town and its agents and employees harmless from and against any and all claims, damages, losses, injuries, costs and expenses, including attorney's fees relating to or arising out of Contractor's failure to comply with the ADA. 5. POLICE RECORDS RELEASES: By accepting copies of official and confidential Police Reports, Contractor agrees to not release these reports, or any information contained therein, to anyone except its own agents/representatives who are acting in the capacity of providing the aforementioned services to the Town. Contractor assumes full responsibility for any and all breaches of confidentiality or security of records; and agrees to and does indemnify the Town for any and all liability, loss, damage, costs, expenses and attorney's fees resulting from said breach by Contractor, its agents, servants, and employees. 6. BI-ANNUAL AND ANNUAL REPORTS: Contractor shall provide the Town with bi-annual reports on the type and total number of crimes responded to through the Project. These statistics shall include whether the victim was initially contacted at the time the crime occurred, noting if response was either in person, at the scene, or by phone at the scene. If initial victim contact transpires at a later time, the statistics shall indicate whether the victim was contacted in person, by phone, or by mail. Contractor shall provide the Town with bi-annual reports and adequate documentation referencing any paid positions within their organization maintained in whole or in part by grant monies obtained by the Town. Depending upon the term and conditions of the grant, Contractor shall also provide the Town with the total final statistics that, in turn will be submitted to the grantor for any required reporting period. Utilities Department REPORT To: Public Safety, Utilities and Public Works Committee Interim Town Administrator Richardson From: Reuben Bergsten, Utilities Director Mark Pallissard, IT\Lan Manager Date: January 5, 2012 RE: SunGard Software Project Upgrade Background: On January 22, 2011, the Town Board approved the upgrade of the Town's financial software package. The existing software is 18 years old and the upgrade will require the new and old systems to operate in parallel. The OneSolution software package is based on parcel information. The accuracy of this data is critical to the migration. A delay in implementation has been caused by the inability to extract and correctly combine data from three disparate data structures: PTWIN—our permitting software, HTE Naviline Land file—the current financial package, and the Larimer County parcel information. We ran into further complications with IBM server hardware failures and IBM software upgrades. The process of converting and querying the IBM has proceeded again. With no additional requirements pending, the Training Process has been rescheduled and we do not see any further delays. The current timeline schedule is shown below. At this time the schedule for the second phase (the Finance module) will not be impacted and we expect to have the Finance module conversion started and completed in 2012. As with the Community Development module, Steve McFarland will initiate the conversion by meeting with SunGard to clarify the Finance Department’s needs and schedule. Page 1 of 2 SunGard Amended Project Schedule Start Date End Date Title Description 12/21/2011 12/21/2011 OneSolution Webex Overview Webex webinar to review OneSolution's Community Development module and common codes. 12/21/2011 12/21/2011 Data Quality Check Modification to Com Dev's data was confirmed to meet HTE Naviline and Larimer County's format. 1/3/2012 1/3/2012 SPSCVN Profile Build This IBM user profile and software allows SunGard to transfer Com Dev's data from our PTWIN database into NaviLine Land/Parcel Management (LX) module. This will synchronize, verify, merge and convert all the initial parcel data from the three sources and prepare for the transfer to OneSolution. 1/23/2012 1/27/2012 Common Codes Training Training class to create an acronym/naming convention based on our Community Development Codes to be used in the OneSolution Environment. 2/6/2012 2/10/2012 Land Training The Land Management application is a centralized database of property and address information. Land Management offers map tools to manage land record data. 3/5/2012 3/9/2012 Building Permits Training #1 Manage building job application requests, define structures, schedule inspections, issue permits, indicate who the contractors are associated with job, produce necessary documentation, such as Certificate of Occupancy and assess all associated fees. 3/19/2012 3/23/2012 Building Permits Training #2 4/2/2012 4/6/2012 Permits Go Live Prepare for and going Live. Budget: n/a Staff Recommendation: n/a Page 2 of 2 Utilities Department REPORT To: Public Safety, Utilities and Public Works Committee Interim Town Administrator Richardson From: Reuben Bergsten, Utilities Director Todd Steichen, Light and Power Superintendent Date: 5 January 2012 RE: Utilities Assessment Background: In 2011 the Light and Power Department hired RJM Consulting to identify areas of potential improvement. Thirteen opportunities were identified in the consultant’s report. Of these thirteen items action has been taken to address twelve of them. The attached tables have been separated to indicate which 12 items are being worked on in order of priority and which opportunity remains to be evaluated. Budget: n/a Staff Recommendation: n/a Page 1 Attachment, Utilities Assessment Report, 12 January 2012 Utilities Department Table 1. Opportunities To Be Evaluated Opportunity Barriers to Implementation Expand efforts to reduce the system peak demand GIS model must be updated and simulations run to insure compliance with the minimum voltage requirements. We've implemented CVR in the past with a manual system, the system must be automated to be effective. Table 2. Opportunities Being Implemented Opportunity Status Meter testing and meter verification audits Equipment was purchased in 2011 and we've started with our largest accounts. Update the five-year capital improvement plan GIS model must be updated for a master plan or five-year capital improvement plan to be effectively evaluated. Evaluating the age of existing assets GIS model will be updated with this information. System coordination study GIS model must be updated. Increase use of the Supervisory Control and Data Acquisition System (SCADA) The data package (Industrial Sequel) is in place. This data will be used with the GIS model for simulations. Reliability program A database conforming to the GIS model must be created. New forms will require some training for the linemen. Infrared scanning Personnel training will be established. Pole attachment policies Pole attachments must comply with the April 7, 2011 FCC orders. We will be working with APPA members to establish an agreement conforming to the FCC requirements. Pole inspection program We have completed replacement of critical poles. We will replace non-critical poles in 2012. In 2013, we will send out an RFP to complete the testing. Evaluate system losses System losses occur in transformers, unmetered street lights and faulty meters. Our system losses are 3% which is typical. Review man-hours spent on maintenance vs. capital 2011 created a challenge when our crews took on the Glen Haven project. We are reviewing how this impacted our system and department. Evaluate quality and quantity of trees being trimmed by Asplundh We have increased the amount of times the contractor's crew is visited. This contract is reviewed annually to control costs. Page 2 ENGINEERING Memo To: Public Safety, Utilities & Public Works Committee Interim Town Administrator Richardson From: Scott A. Zurn, PE, CFPM, Public Works Director Date: January 10, 2012 RE: Retaining Wall at Wiest Parking Lot Restroom Background: The Town of Estes Park Public Works Department has determined the retaining wall located on Town property north of the Wiest restroom has become unstable. The wall has bowed and started to fail, leaning onto the private commercial building at 157 Moraine Ave. Vanhorn Engineering has proposed to design a replacement for this wall for a not-to- exceed cost of $4,500.00. The preliminary project construction estimate is $65,000.00. The condition of this wall is viewed as a potential risk to the adjacent property and the Public Works Department recommends immediate replacement of the wall prior to the summer season. See attached Survey for reference. Budget: This project is proposed to be funded through streets 2012 budget STIP line item 101-3100-431-35-51. Sample Motion: I move to recommend/not recommend initiating immediate design with Vanhorn Engineering to develop bidding documents and proceed with the hiring of a contractor within the Town’s purchasing policy. ENGINEERING Re port To: Public Safety, Utilities & Public Works Committee Interim Town Administrator Richardson From: Scott Zurn, PE, CFM, Public Works Director Kevin Ash, PE, Public Works Civil Engineer Date: January 12, 2012 RE: Bond Park Phase V Design Consultant Selection Update: The Bond Park Stakeholder Group came to a consensus that the scope of Phase V improvements should focus on completing the hardscape along Elkhorn Avenue. On December 9th, 2011 a Request for Proposal for Bond Park Phase V Improvements was advertised in the Denver Post, Fort Collins Coloradoan, the Estes Park Gazette and the Town of Estes Park website. At the close of business on December 29, 2011, the following 3 proposals and bids were received: Firm Name City Fee Chroma Design Boulder $33,773* RG and Associates Wheatridge $54,335 Ayres Associates Fort Collins $62,534 *The Chroma Design proposal listed multiple assumptions and exclusions that may need to be included in their bid once a detailed scope is determined. Copies of the submitted proposals have been delivered to each member of the Bond Park Stakeholder Group for review. The next steps in the consultant selection include a stakeholder meeting on January 9th to discuss the proposal evaluations, followed by consultant interviews on January 16th. A recommendation for award will be made by the stakeholder group for the Town Board to consider at the January 24th Town Board meeting. Design and Construction of Bond Park Phase V is currently scheduled for spring 2012. ENGINEERING Re port To: Public Safety, Utilities & Public Works Committee Interim Town Administrator Richardson From: Scott Zurn, PE, CFM, Public Works Director Date: January 12, 2012 RE: 2012 Street Improvement Project List Update: The Public Works Department has been asked to evaluate the best use of funds budgeted in 2012 for street improvements. In summary, the 2012 budget allocates $890,065.00 for street and concrete rehab related improvements. An additional $291,522.00 is available for re-appropriation from the 2011 street improvement budget. For the purposes of this memo, staff anticipates approval of the re-appropriation of 2011 funds for a total available budget of $1,181,587.00 in 2012. Based on this available budget and the reality that no permanent funding for street maintenance is in place, Public Works has determined a recommendation for the Board’s consideration. It is important to note that this recommendation would change if permanent predictable funding sources were established. For instance, if $1,000,000.00 was available each year, a portion of the funds could be dedicated to slurry seal programs, overlay programs, crack seal and reconstruction programs. Ideally an adequate fund for maintenance programs should be established to properly plan long-term street maintenance. Public Works recommends and proposes that the best use of these dollars is as follows. 1. Virginia, Park, Macgregor Ave Reconstruction/Overlay $600,000 2. Town-wide crack seal of all streets $150,000 3. Steamer Dr/Black Canyon Dr Overlay $350,000 4. Wiest Parking Lot Retaining Wall $ 70,000 Total 2012 STIP Proposed Budget Allocation $1,170,000 ENGINEERING Re port To: Public Safety, Utilities & Public Works Committee Interim Town Administrator Richardson From: Scott Zurn, PE, CFM, Public Works Director Date: January 12, 2012 RE: 2012 Project Schedule Prioritization Update: The Public Works Department has numerous exciting projects slated in 2012. All of these are great projects for the Town, however each brings its own disruptions and challenges during that inconvenient construction period. The Public Works Department seeks input and direction on timing of these various projects, especially in the core business district. The following is a summary of some of the larger projects Public Works is striving to accomplish in 2012. Project Description Entity Proposed Dates Virginia Ave Sewer Replacement EP Sanitation Feb-March Wiest Wall replacement Town March-May Mall Rd Hwy 34 Intersection CDOT March -May Moraine Ave Pedestrian Improvements Town/CDOT March-June Virginia Ave Reconstruction Town March-June Park Lane / MacGregor Ave Overlay Town March-June Steamer Dr / Black Canyon Dr Overlay Town March-June 2012 Downtown Concrete Rehab Town May-July Stall Barns Fairgrounds Town August-Nov Black Canyon / Devils Gulch Box Culvert Rpl. Larimer County Sept-Nov Bond Park Phase I & III Town ? Bond Park Phase V Town ? Although each project will be disruptive, Public Works has particular concern over several projects underway, potentially by different contractors, in the core area of Bond Park and the surrounding business district. It is also a concern that multiple contractors in the same location inevitably cause conflicts and coordination issues. In addition, we also recommend project construction take place in summer and early fall to reduce weather-related financial risks involved in springtime construction. The Public Works Department is therefore seeking input on potential 2012 projects that can be adjusted to summer and fall.