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HomeMy WebLinkAboutPACKET Town Board 2012-02-14Prepared 1/30/12 *Revised 2/9/12 The Mission of the Town of Estes Park is to plan and provide reliable, high -value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 14, 2012 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address) TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated January 24, 2012 and Town Board Study Session Minutes dated January 24, 2012. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services Committee, January 26, 2012. B. Public Safety, Utilities and Public Works, February 9, 2012: 1. Reassignment of contract with The Engineering Company (TEC) to Farnsworth Engineering. * 2. Bond Park Phase V Design Consultant, Chroma Design - $43,873, Budgeted. 4. Estes Park Tree Board Minutes dated November 18, 2011 & December 16, 2011. 2. LIQUOR ITE S: 1. T NSFER OF 0 NERSHIP — FRO REBECCA, INC. DBA FA OUS EASTSIDE FOOD STORE TO SERINA LLC DBA FA OUS EASTSIDE FOOD STORE. 381 S. SAINT V IN AVENUE. Town Clerk Williamson. 3. ACTION ITEMS: 1. ROOFTOP RODEO CLASSIFICATION AS A MEDIUM SIZE RODEO. Manager Winslow & Rodeo Committee President Wright. 2. ROOFTOP RODEO COMMITTEE REORGANIZATION. Interim Town Administrator Richardson. 3. ORDINANCE #01-12 PUBLICATION OF ORDINANCES BY TITLE ONLY AND ELIMINATING THE REQUIREMENT THAT PAYMENTS OF BILLS AND STATEMENTS CONCERNING CONTRACTS AND REBATES BE PUBLISHED. Town Clerk Williamson. 4. RESOLUTION #03-12 RE -APPROPRIATION OF 2011 ENCUMBERED FUNDS TO 2012 BUDGET. Finance Officer McFarland. 5. RESOLUTION # 04-12 GASB STATEMENT NO. 54 FUND BALANCE REPORTING REQUIREMENTS. Finance Officer McFarland. 6. CHANGE ORDER FOR STEAMER DRIVE OVERLAY CONSULTING SERVICES WITH THE ENGINEERING COMPANY. Director Zurn. 7. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Town of Estes Park, Larimer County, Colorado, January 24, 2012 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 in said Town of Estes Park on the 24th day of January, 2012. Meeting called to order by Mayor Pinkham. Present: Also Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Lowell Richardson, Interim Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT. A group of students from Eagle Rock School were present to discuss Peace Jam, youth motivated groups serving and building better connections that help benefit the community and create social change. John Guffey/Eagle Rock Instructor stated Peace Jam helps engage students in global leadership and address local issues. Johanna Darden/Town citizen stated a recent Denver Post article discussed RTA funding for the applicants, which stated the Elkhorn Project would only realize $5.1 million of the $19 million required for the project during a 30 year period. She requested the Town review the details of the report and pull the application. Frank Theis/Elkhorn Project Inc. commented on a recent letter to the editor and stated the buildings on the Elkhorn property would not be destroyed with the Elkhorn Project as stated in the letter. He also commented the third party analyst stated the project was unique. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Blackhurst recognized the new Town website and voiced appreciation to allll staff involved in its development. Trustee Elrod stated the Planning Commission continues to discuss ADUs. The Town Board provided comments on code changes at a study session with Planning Commissioner Klink and Tucker. The Planning Commission would review comments and continue discussions and public meetings on the issue. Trustee Ericson encouraged participation in the upcoming Caucasus for each party. The Transportation Visioning Committee continues to work on the final report to be presented to the Board. The report would identify transportation priorities for the town. Trustee Miller stated the LMD marketing committee reviewed the makeup of the committee and the purpose, and would like to consider additional stakeholders in the future. He attended the annual State tourism meeting and stated heritage and cultural tourism continue to be emphasized as well as agritourism (wine country). The State recognizes the importance of tourism and continues to fund the department. BmmrdwfTrumtees—Jamuory 24,3012—Page 2 Trustee Koenig commented the Sister Cities Organization is looking for ideas and suggests to involve the community. She thanked the community for the outpouring of sympathy during the recent passing of her mother. Mayor Pro Tern Levine reminded the public ofthe CommunhyDevelopmant/Cummundy Services meeting on Thursday, January 27, 2012 at 8:00 a.m. in the Board Room. TOWN ADMINISTRATOR REPORT. Interim Town Administrator Richardson stated the T|F return for the Elkhorn Project inunmnuad from $3.9 million to $5.1 million after the Errors and Omissions were mmiovm»d bythe Third Party Analyst. The Elkhorn Project Inc. has submitted additional information as it relates to Errors and Omissions with the final Third Party Analyst report, which completes the RTA application. On February 3. 2012. the Offiom of Economic Development would review the applications and forward them on to the local communities for comment, with final comments to be delivered by March 5, 2012. The new robust website provides the Town with the ability to begin working on m- guvmmmmntmervim*e such as online tiUing, payments, applications, etc. He stated the Town would test IPads to move to paperless Board packets. The Town has not received an official notice of award for the $3 mU|km Paul S. SarbanesQrant to construct aparking garage at the CVB. Once a letter has been received, staff would bring forward the award for the Town Board tnconsider accepting the grant and matching funding. 1. CONSENT AGENDA: 1. Town Board Minutes dated January iO. 2012. Town Board Study Session Minutes dated January 10.2O12. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities and Public Works, January 12.2O12. 1. Estes Valley Victim Advocate 2O12Contract. 4. Estes Valley Planning Commission Minutes dated December 20, 2011 (acknowledgement only). It was moved and seconded(Levine/Mi|ler) to approve the Consent Agenda, and it passed unanimously. 2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP #11° Units 5 & 6, The Meadows Condominiums —JUmm Tawmmy/AppU|cmmt. Mayor P|nkhom opened the public hearing and osthere were no comments the public hearing was closed. It was moved and seconded (Levine/Miller) to approve the Supplemental Condominium QOap#11° Units 5 & 6,The Meadows Condominiums subject to the findings and conditions recommended by the Estes Valley Planning Commission, and it passed unanimously. Board mfTrustees — January 24, 2012—Page 3 3. ACTION ITEMS: 1. RESOLUTION #02-2—OFFICIALLY SCHEDULING REGULAR MUNICIPAL ELECTION -APRUL3, 2012. Town Clerk Williamson navov*ed Resolution #0242 scheduling the regular Municipal Election for April 3. 2012 to elect the Mayor and three Trustee positions currently held byMayor Pinkham and Trustees Ericson, Levine and N1U|or. The Resolution would also approve contracting with LohmerCounty tu pmMbmm a mail ballot election at on approximate cost of $15.849. It was moved and seconded (Ericson/Koenig) Rmsw|mt|om #02-12 and Intergovernmental Agmmanmmmt with Lmr|rmwr County be apprmvwd, and it passed unanimously. 2. WIEST PARKING LOT RESTROO&0RETAINING WALL REPAIR. Director Zum stated staff has determined the retaining wall located on Town property north of the nomtuoom along Moraine Avenue has become unstable and poses a risk to the public and neighboring private commercial building at 157Moraine Avenue. Agas meter inattached to the retaining wall and would have to be relocated during construction. Staff recommends the leaning wall berepaired prior hothe summer season toaddress the public risk. Atwm-|enad concrete wall has been proposed to replace the current wall. Atempomory construction easement has been discussed with the property owner. Trustee Miller requested staff look at other metyhm|m such as concrete block to construct the wall in an effort to reduce costs. After further discussion, it was moved and seconded (Levine/Koenig) to contract with Van Horn Engineering in the amount of $4°600 to design and develop bid documents for the replacement of the retaining wall in the Wiest parking |mi, and to proceed with the hiring of m contractor within the Tomn's pmnzhmw|ng policy, and itpassed unanimously. 4. REQUEST TOENTER EXECUTIVE SESSION: It was moved and seconded (EhcsnmDBlookhurst) to enter Executive Session for econference with the Town Attorney for the purpose of receiving legal advice on specific legal questions undenC'R'S. 24-6-402(4)(b) related tothe Bond Park Project, and itpassed unanimously. YNayorPinkhem called a 5 minute break cd7:42 p.m. and reconvened the meeting at 7:58p.m.where the Board entered into Executive Session. MeyorPinkhom reconvened the meeting at8:20 p.m, whereupon he adjourned the meeting at8:20 p.m. William CPinkham.Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, January 24, 2012 Minutes of a Study Session meeting of the TOWN BOARD of the Town of EeLww Park, LahrnarCounty, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 24mday ofJanuary, 2012. Board: Mayor P1nhhmm, Mayor Pro Tern Levine, Trustees Blackhurst, Elrod, Ericson, Koenig and Miller Attending: All Also Attending: |nUnhm Town Administrator Richordson, OUroobxs Chibztt and Zurn. Planning Commissioners Klink and Tucker, Town Attorney White and Town Clerk Williamson Absent None Mayor Pinkhomcalled the meeting boorder mi4:35p.m. PUBLIC WORKS 2012 PROJECT DinactorZurn #tebad the Town has been award a pou| S. SorbanwsTransit in Parks Discretionary grant inthe amount bf$3million, the largest award across the nation. The funds are to be used boconstruct e 300~apaca muN|ema| transit parking stnucbune, two bus bays to support transit services between the Town of Estes Park and Rocky Mountain National Parh, and for real-time bus arrival information system. Funds will also beused for final design ofetransportation hub mtthe Visitor Center. Public Works has numerous projects m|ehodfor2012;hcwvever.emchbdngmdiarupUono and challenges during the construction period. Staff reviewed the major projects including many in the downtown core: Virginia Avenue nnvvmr vep|oommmnt1roadwmy reconstruction/Park Lane and MacGregor Avenue overlay, VVimmt retaining wm|| replacement, Mail Road and Hwy 34 intersection reconstruction (new turn lane) — CDOT Moraine Avenue pedestrian improvements, Steamer Drive and Black Canyon Drive overlay and road realignment. downtown concrete rehabilitation, stall barns, Black Canyon and Devils Gulch box culvert replacement, and Bond Park Phases 1, 111 and V. Staff stated concern over several projects being conducted with different contractors, in the core area of Bond Park and the surrounding business district. The Virginia project would be completed this spring and Bond Pork in the fall. Construction management would be contracted out for some projects such as the Virginia project. Hmwevor, the Moraine project would be a Qbyba project overseen by the Town staff with regard to construction management and would most likely take place in late spring/early summer. The Steamer/Black Canyon project would be added to the Virginia project to make the project more attractive to bidders and managed by the same consultant. A change order request would come forward for the Board's consideration. Trustee Blackhurst stated concern with signalizing the Moraine/Wiest crosswalk without an easement in place and stated the Town should not maintain the sidewalk in this ACCESSORY DWELLING UNIT (AD0) DISCUSSION. Director ChUomtt sbebad m problem mbshamont has been developed by Planning Commission that was naysmved with the Town Board in Novembar2O11. Planning Commissioners Klink and Tucker were present to discuss the general recommendations of the Planning Commission and provide a rationale behind the recommendations. Key discussion points included the following: (1) attached ADUm—aUow|nQ. reducing or RECORD mpPROCEEDINGS Town Board Study Sems|on—Jmnmmry 24 2Q12—Page 2 eliminating minimum lot size, limit the size, require EVPC review for new units, require architectural uonbo|e. require land use affidavit, allow short or long term nonto|o, and allow flexibility ho expand existing grondfnt ered units; (2) detached ADUn —oUmw. establish a minimum lot size for detached ADUe. Planning Commission review of all new unito, require architectural uontro|w, require a land use affidavit, allow short orlong term nento|o, and oUmw flexibility to expand existing grondfothanud units; and (3) attachedanddabonhadunito-n|odfywhetmznaUtuteoonADU. Discussion followed: the Board stated agreement to allow attached units with no minimum lot size; olimit onsize for anattached unit should only boconsidered with the addition of square footage; nosize limit should baplaced oninternal units consisting nf a remodel only and no additional square footage added to the principle dwelling; Planning Commission is concerned with the formation of a duplex without a limit on the size of an attached unit and maintaining the single-family zoning district chanenbahoUum; the Board agreed short-term rentals for both attached and detached units should not be allowed; long-term rentals should be allowed for workforce housing and affmndob|o housing; the Planning Commission would discuss long-term rentals including issues such as limiting the number ofpeople and vehicles and bring bock recommendations; the Board did not come to agreement on which zoning districts urlot sizes o detached unit should be allowed with comments ranging from limit the detached towhat exists and oUmw new detached on larger lots to don't mUmw them and if you do then allow everywhere; detached units should not be limited due to lot size; staff commented there is a limit on the amount of accessory structures that can be on a lot per zoning district; a number of the Board would be in favor of the Planning Commission reviewing ADUs to provide m public pnnneeo, and thorefonm, the Item would be discussed further by the Planning Commission; and the consensus of the Board was not to require architectural controls for either attached ordetached units. The Planning Commission would review the Town Board comments and discuss at their meeting inFebruary enddnaDadditiona language boaddress the concerns. There being nofurther business, Mayor Pinkhomadjourned the meeting sd8:4Op.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, January 26, 2012 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT / COMMUNITY SERVICES COMMITTEE mfthe Town of Estes Park' Lahmer County' Colorado. Meeting held in Town Hall in said Town of Estes Park on the 36wday ofJanuary, 2012. Committee: Chair Levine, Trustees Elrod and Miller Attending: Chair Levine and Trustee Miller Also Attending: Interim Town Administrator Richandson, Directors K]lsdonk and Chilcoft, Managers Winslow, Fodni. and Salerno, and Deputy Town Clerk Deats Absent: Trustee Elrod Chair Levine called the meeting toorder ot8:0Uo.m. PUBLIC COMMENT. Linda Hardin, Town resident, stated that a business license application she submitted to operate her property as a bed and breakfast (13 & B) had been denied based on zoning restrictions. She asked for direction from the Committee related to changing the nagu|et|onm, which she abated are stifling the gnzmdh of B & Bs in the community, and said the E and E-1 Zoning districts are perfect 'settings for bad and breakfast accommodations. Dir. ChUoottom|d in order to address Ms. Handin'u concerns it would be helpful to discuss the differences between B & Bs and vacation hornmo and the implications for property owners at Town Board Study Session. Then if merited the Board may request the Estes Valley Planning Commission (EVPC)im draft problem statement to revisit whether to make zoning regulations less restrictive and allow B & Bs to opmnsba in additional n*midenUmi areas. Chair Levine said the Committee recommends referring the topic to the full Board to provide direction to eioff. Interim Town Administrator (O[A) Richardson said N1a. Hardin will be contacted and made aware ofwhen the topic will bmonthe agenda. Rex Pogganpoh|. County resident, said o Town ordinance related to B 8 Bs and taxation should be considered during the upcoming discussion. Hethanked Trustee Miller and yNa}mr Pro Tern Levine for their service to the Town and their vision for the Town and the entire Estes Valley. COMMUNITY SERVICES DEPARTMENT. ROOFTOP RODEO PRCA SIZE DESIGNATION. Manager Winslow and Rooftop Rodeo Committee President Howell Wright provided the Committee with information related tothe Rooftop Rodeo's move from asmall-sized ho medium-sized rodeo. Hesaid the categorization |obased upon the dollar amount ofthe purse available to be won by the cowboys. The Pnz#asm|onm| Rodeo Cowboys Aeamdodmn (PFl[A) uaaw o formula to determine the correct category -size for o rodeo. The increase |nprize money to$3371 per event in2011 caused the PR[Atomove the Rooftop Rodeo into the medium-sized category. Manager Winslow said that higher purse money draws m larger number of higher quality contestants and provides an opportunity to promote and omU to o larger market. He noted that two national oompanieo. Wrangler Clothing and Pendleton Spihtn, have offered sponsorships to the Rooftop Rodeo, and added that greater public relations opportunities are available to medium-sized rodeos. He said Rodeo Committee representatives have presented, or will pnamont, atthe Association of Rodeo Committmem, and the Ram National Circuit Finals and said the Rooftop Rodeo was mm|mch*d as o featured rodeo by Colorado vs. the World competition organizers at the National Western Stock Show, with information RECORD OF PROCEEDINGS Community Development /Community Servioes—January 26, 2012—Page 2 distributed throughout the United States, Canada, and Australia. 2012 budget implications related to the re -categorization include additional purse money ($8.200) and the potential for an increased number of stock ($8.200). bringing the budget to$4O.DOOfor 2O13. Staff anticipates onincrease in2O12revenues related to the re -categorization as well. Chair Levine noted that the inrnouaod size of the grandstands was afactor in raising rodeo ticket sales. Tnuabao Miller said that the Rooftop Rodeo has many loyal fans and asked if any new events had shown interest in coming to Estes Park. Manager Winslow said that staff has naoaivod four phone ooUo related to new rodeo -typo events nupnonoing on interest in Estes Park aaa venue for their events. The Committee recommends eppnwwaK of the Rooftop Rodeo remaining a PRCA-designated medium-sized rodeo for 2012. to be included as an action item omthe February 14°2012,Towm Board meeting agenda. President Wright encouraged the Board to consider budgeting money to allow eTown Trustee nrAdministrator totravel with the Rooftop Rodeo Committee to n*mave an education on rodeo and see that Estes Park is exceptionally well-known and respected. REPORTS' Reports provided for informational purposes and made a part of the proceedings. ° Museum QumdedyReport — Manager Fortin! noted that museum attendance has increased and said e tour with Rocky Mountain Nature Association (RMNA) provided exposure hothe museum to new patrons and an opportunity to build rapport between the museum and RYWNA. Hasaid opanel presentation onBond Park will be held on February 18. 2012, and noted that this is the first of several presentations ofthis type being planned. Hesaid the possibility oftransferring a historic building bothe museum site is currently being studied and said moving the ohuctnne, a foundation for the building, and utility hookups one among the issues being evaluated. ° Visitor Son/|oeo Quarterly Raport— Manager Salerno said the final quarter of 2011 showed o12.896visitation increase over 2O10due |npart hnhigh visitation during the month o7October. She also noted that the number oftelephone calls continues to decrease with more people using the intarnetas an information source. She thanked Sandy Osterman and all ofthe Ambassadors for their volunteer services atthe CVB. COMMUNITY DEVELOPMENT DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. ° Staff Response to Citizen Problem Statement for Open Space —At the November 15, 2011 Thmng|a K8emtng, Johanna Darden, Town nemdmnt, requested that the Board consider the addition of definition of "Public Open Space" to the Estes Valley Development Code (EVDC) to apply to the Town of Estes Park. Ms. Danden'uproposal stems from her belief that disagreement and confusion exists as to what is or is not public open space and the need to apply this dmfinitimnwhen making decisions pertaining to such space. Chair Levine suggested that rather than "public open opmca^, the definition should nmmd '.publicly -owned open space". Trustee YWi||ar expressed his opinion that e dofiniUonsuch aathis should apply tothe Estes Valley, rather than just the Town, and proposed consideration of an open space zoning district. He said that a definition should not contain language related to any funding nmeuhoniorn, nor prohibit a municipality from using m resource in a way it considers to be best for the citizens of the community, and said it should be removed from the definition. Chair Levine stated that byincluding areference hnLahnnerCounty Open Space Funds, the definition becomes mpolitical statement. Director Ohilcod informed the Committee that definitions related to open space RECORD OF PROCEEDINGS Community Development I Community Servicmm—Jmnumry 26, 2012—Page 3 one currently contained in the EVOC and are well covered in the existing code, and noted that "open area" and open space" are used interchangeably |nthe document. She said when development orsubdivision applications that trigger the requirement for open space are reviewed, the definitions currently in the code are used to identify areas with defined features to be dedicated as open space. YWa Darden said the current definition is mwahered-dmmn generalization and the Town should consider having more than one dofinitionofopen space. Director Chilcottsaid staffs conclusion is that the development code adequately defines open mpama, a variety of open mpoom. and the situations requiring different types of open space whether it be for active recreation or passive mecneaUon, whether publicly -owned or privately -owned, and open for access or not open for access. She said the proposed definition and discussion seem tobe about the use mfLohmnerCounty Open Space Funds and said the development code imnot the place for that bobmaddressed. Rex PogQenpoh|.County resident, identified two issues related to the open space definition. He suggested generating o problem statement to update and further define how open space funds used, and a second problem statement tolook atland use related tovalley-wide open space. Greg Rosener, Town resident, said the proposed open definition coming|eo imouoe and is too restrictive and limiting related huwhat can be done with the assets wfthe Town. Hadescribed the proposed definition aoradical and overboard. Tom Gootz,Town resident, said inarecent 77%ofpeople |nEstes Park favor open space programs and the Town needs toberesponsive to what the taxpayers want. He said the current E\HDCdmfinNonm appear to be adequate and provide guidance to mbmff, and said he prefers o flexible process related to open space rather than the cn*mdmn of an open space zoning district. Trustee Miller pointed out that the survey also indicated that residents were highly satisfied with the Tmwn'mmanagement mfopen space. ITA Richardson said that staff has looked at management plans for publicly - owned open space and contacted the Colorado GOCO office inquiring into the ovai|oti|ib/ of funds for the development of o master plan that would address funding mechanisms and how they are used, policy application, and address the development code and ordinances that manage open space. Hwsaid staff would nabum to the Committee to discuss the potential for development of a management plan for open space now and inthe future. Hasaid Estes Park has a unique challenge because it is surrounded by national park and national forest and would require a community -specific plan. He said a plan should address management practices related to publicly -owned open space not about the acquisition ofopen space. Trustee Miller said the question ofwhether the Town needs omanagement plan must baanswered. Director ChUoohrecommended proceeding bylooking athow Town -owned open space is being managed and the funding priorities for that open space whether through a capital asset management plan (CAN1P)ora separately funded open mpoma p|on, rather than tweaking the definition in the development code. Chair Levine spoke in favor of pursuing conversations with GOCO and asked that staff provide regular updates related to a management plan and include the public in the process. He said the Committee does not support the restrictive definition proposed byMs. Darden and does not recommend ithothe Board nfTrustees. RECORD OF PROCEEDINGS Community Development/Community Services — January 26, 2012—Page 4 = Commundv Development Annual Report — OVnacton Chikcott presented the first annual report for the Community Development Department which was organized by topic rather than division because of overlap in staff duties and core functions of the department. She noted that telephone oaUo related to development and permitting activity has increased, however, valuations remain low; and noted that 134building contractor licenses had been issued in2O11. She reported that the backlog of code compliance cases is being neduoed, with prioritization being utilized toimprove case management. Rom PoQgmnpoh. County resident, complimented Director Chikcottcm the annual report and her management of the responsibilities of the Community Development Department with a small number of staff members, and encouraged engaging in long-range planning inaddition todealing with short-term and daily issues. ��UN�TRAT��N. Rmpor�provided for |n��mnaUone|purposes and made mpadofthe proceedings. ° pub|k: InformationC)uoder� Report P|O Rusch noted that work continuestbnoughoutaUTcmvndepa�mentonnanooUnnp�nboaddmanoarwonofc#ncemn identified by the 3011 Citizen Survey. She noted that the Information Academy will begin in February, and reported that thenew Town wmbmihe launched nnJanuary 18.2012.and indudemnew features such ommnA-Zlist of oemi#am.aninbanaoUvaTown co|onde�and auomr4�and|yformat. �� There being nofurther business, Chair Levine adjourned the meeting at1O:27a.m. Cynthia Dmats,Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larinner County, Colorado, February 9, 2012 Minutes qfeRegular Meeting qfthe PUBLICSAFETY/UTILITIES/PUBLIC WORKS COMMITTEE of the Town of Estes Park, Lahrner County' Colorado. K8amtinQ held in the Town Hall in said Town of Estes Park on the 9m day of February, 2012. Committee: Chair B|aokhumt.Trustees Ericson and Koenig Attending: Afl Also Attending: Interim Town Administrator Richandson, Chief Kufeld, Director Zum, Director BmrQotem and Recording Secretary Bailey Absent: Non Chair 8lackhurstcalled the meeting hoorder cdB:[0 a.m. PUBLIC COMMENT. PUBLIC SAFETY. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Estes Vallev Victim Advocates Annual ReDort — Mary Mesropian, Estes Valley Victim Advocates (EV/A)Executive Director, provided the Committee with a summary of tha2D11 Annual Report. She reported E\yvAserved 2T1 men, women, and children with e bda| of728 contacts. The EV/&administers four programs: the Advocate Program, Counseling Pn»grom, SmfehoumaProgram and Latino Outreach which are designed to provide advocacy services to victims of crime and trauma, safe housing for domestic violence v|cUmo, counaa|ing, nafena|e, and community education. In addition to monies from the Town of Estes Pork. EVVA receives funding from m variety of agencies and omm|oa clubs and holds the annual Affordably Chic Fashion Show as its primary fundralsing event, raising $13,000 and $10,000 was raised from the annual letter writing campaign. The Committee congratulated E\8/Afmr all the services they provide to the community and their efforts to keep up with the needs of the community. 2. 2011 Year End Statistics — Sergeant Kenney reviewed the 2O11 statistical data for the Police Department as well as for Emergency Services Dispatch. This information included number of contacts, cases, arrests, and incidents for the Police Department as well as oo|| volume for Dispatch. He also reported on upcoming projects for Dispatch that include organizing and cleanup of network nab|in8, installation of new console furnitune, and installation of the Next Generation 811 capable telephone equipment instaUation, all of which are at the expense ofLEl7\. School Resource Officer Allen reported onthe statistics for the first semester ofthe 2Oi1 -2012echqo| year including inhznnsd|on on oeeee hond|ed, charges filed, classes taught, special programs, and assistance given to the administration for non -criminal situations. 3\ Current StaffLevels—Chkef Kufeld reported the Police Department is down three police officers, but stressed the importance of finding the right fit for the Police Department and Estes Park. Trustee Koenig questioned the cost ofprocessing an applicant and if it was feasible to outsource the testing process. Chief Kufeld advised that finding the right Police Officer for a tourist community and Estes Park specifically requires a greater level of testing customization than can be had through outside testing means. Trustee Ericson confirmed with Chief Kuha|dthat the current RECORD OFPROCEEDINGS Public Safety/Wti|itles/Pmblic Works Committee—Febrmary 9, 2012—Page 2 openings are entry level Police Officer | and higher level positions are filled internally whenever possible. REPORTS. Reports provided for informational purposes and made a part of the proceedings. i. Future Water Quality Rmpu|ebzry Raouiremonba—JeffBu|ma. Water Superintendent and Diana Beeh|mr, Laboratory Tochnician, reported that from 2012 to 2018. eight new Regulatory Determinations from the EPA & the state CDHE and revisions and second stage monitoring requirements of current regulations will be initialized or finalized. In addition, three new Regulatory Determinations or revisions that have yet tobmdetermined as to proposal dates. Eebao Park infortunate bzhave high -quality source water and much of the impact of new Regulatory Determinations is in managing the regulations. Staff anticipates increased labor costs due to additional sample volume for both internal and external laboratory analysis due to the new regulations. Discussion followed as summarized: o cost analysis will be done to determine whether (with approximately 8096 of samples being sent outside the inbamo| lab for testing) upgrading current infrastructure would lower lab costs in the long run; and the lab is required to go through an external audit to maintain certification toconduct current testing. 2. Sunqard System Installation Overview — Director Bergsten presented an overview of the timeline ofthe [>ne-So|uboN0upgrade from the January 2O11 inception tothe estimated start ofthe final phase inNovember 2013.Superintendent Fneundorfwill be taking leadership inthis implementation plan. Director Bergstenintroduced Alan Fraundorf as the new Utilities Superintendent. Superintendent Freundorfhas lived in Eebme Park for 5years. He has worked in various positions in IT, as a project manager, and as director ofthe Nature Association as well as serving on the. Eob*o Valley Planning Commission. The Committee welcomed Alan. PUBLIC WORKS. REASSIGNMENT OF CONTRACT WITH THE ENGINEERING COMPANY (TEC)TO FARNSWORTH ENGINEERING. Interim Town Administrator (|TA)Richardson reported that onJanuary 12. 2012 Mayor Pinkhmm signed o contract for services with TECfor engineering design and project management of the Virginia Drive project. Accompanying the contract for services was a "Consent of Assignment" fumn from Farnsworth Group indicating that they had acquired ownership mfTEC and requesting a signature from the appropriate Town of Eaten Park official. This form was forwarded hoAttorney White for review and opinion. Attorney White submitted m letter of opinion that stated there is not legal reason not to sign the "Consent of Assignment" form as there appears to be no indication that the acquisition will impair the completion of this project. The Committee verified with |TA Richardson and D|mxctorZurn that due diligence was done in researching Farnsworth Group and that the organization is reputable and willing to complete the project as contracted. Chair Blackhurst would like it to be communicated to Farnsworth Group that not disclosing the acquisition at time ofnegotiation is not appreciated. Director Zuno is not concerned that this change will delay the project. The Committee recommended approval of the signing of the '^Cmmmemt of Assignment" form to the Town Board coneemtagenda. CHANGE ORDER FOR STEAMER DRIVE OVERLAY CONSULTING SERVICES THE ENGINEERING COMPANY (TEC) Staff has negotiated m scope and fee with TEC for dmsign, specifications and construction management services for the Steamer Drive Overlay Project of$23.337. RECORD OFPROCEEDINGS Public Safety/Utilities/Public Works Committee — February 0\2U12—Page 3 With a1O%contingency, the total budget for the project would ba$25.8707UTrustee Ericson confirmed that this was a reallocation of the existing budget for the project and not additional funds outside the budget. The Committee recommended initiating a dww|gm and mmnetmmct|mn management contract with TEC to develop cwmtmmnt documents for the Steamer Drive Overlay Project in the amount wf $25.670'70to the Town Board action agenda. BOND PARK PHASE V DESIGN CONSULTANT SELECTION At the recommendation of the Bond Park Stakeholder 8n»up. Staff has negotiated a scope and fee with Chroma Design for the design, epmuifioodmne and construction management eamiwom for the Bond Park Phase V Improvements for $43.873. This includes $4.000 for construction monagement, once construction is underway and scheduled completion of Spring 2013. With o 1096 conbngenuy, the budget for the design and construction management would be $40.260.30. Trustee Ericson dehOed with Staff that the Town RFP process was followed in the selection process. The Committee recommended initiating m design and construction management contract with Chmwmnm Design to develop contract documents for the Bond Park Phase V Improvement Project in the amount of$48,260'3Q to the Town Board cmnsemtagenda. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Moraine Avenue Pedestrian Crossinq — Work continues with McDowell Engineering and COOT on the Moraine Avenue pedestrian improvements with plans 95% completed. In response to concerns of local businesses related to the removal of the crosswalk, CDOT reviewed its effect on traffic progression and found it to be minimal and, thmndbne, will allow the crosswalk bz remain. The Moraine Avenue pedestrian improvements are scheduled tomove forward this spring. 2. Estes Park Project — The Community Recycling Committee of the League of Women Voters has asked the Town to consider a partnership with the League and local businesses to increase recycling efforts in Estes Park. It is proposed that local businesses purchase recycling bins atacost cf $50Obo$8OOper bin; with the Tmxm'ocontribution being the installation costs of $2ODper recycle can, and pick-up fees meUmm&ed mt$300 per can per year. The |noohon and number of cans has not been determined. The Committee voiced uonooma regarding a resolution previously passed bythe Town Board ra|mhnd to reuyn|ing, as well as the expense the Town would Incur mopart ofthe program. There being no further business, Chair Blackhurst adjourned the meeting at 10:30 a.m. Rebecca Bailey, Recording Secretary 11Fir r TOV f 11,,,,,1,11:1111i111),1111,1111111111111111111,11111111.1.1111iiiivvv.11.11i10).11111110i„)1111.1,11,1;411,j111111111111,,,I..1„11111....1„1.1.1.111111,1„.....„ 11J, ,Ialualialialialialialialialialialialialialialialialialialu.111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111111 Public Works, Utilities and Public Safety C mmi Lo ell Richardson, Interim T wn Adminlistrat r February 9, 2012 Reassignment of Contract ith The Engn ering C mpany to Ferns orth Engineering. elk" r and On January 12, 2012 May.r Pinkham sign a .ntract f r services witl TEC (The Engineering Company) f r engineering esign and promanagement of the Virginia Driv project. Along th 11111, ntract h r services as a "Consent of Assignment" form from Farns orth Group requesting 14, sig ature from th.- appropriate official .f r th To n f Estes Park. That for indicates Fams orth Gr up, an engine -ling and architecture firm, has acquired o nership f the company TEC. 1 Upon receipt and revie of this info atilon th• "C nsent Assignment"' was for arded to T n Attorney White fir rev i an opini n. Town Attom y White submift an email of opinion regardin th change in o nership of TEC to the Ferns orth Gr up. His opinion is attached f. r rev i . Essentially the opinion s1;tes if th re are not specific quantiLtole 'reasons hici state this a suiston impairs the compt-tion of thus project there is n r ason not to sign the "'Consent of Assignment IForm".. Please find attache i the contract d•cuments, the • riglinal RFP, an article posted on the linternet regarding the a uisition and the "Consent of Assignment" for revue IBu it N/A o nd ti n: reco end the "Consent of Assignment" form be for arded to the To n B ard, to be included on the Consent Agenda at the February 14, 2012 To n l';oard needing for appra a by the To n Board authorizing the May.r to sign the d currvint. Y u have requested that 1 review the ietter dated January 31, 2012, from the IFams orth Group, Inc. requesting approval of the assignment f the A reement for Professional Services dated January 12, 2012 bet een the Town and The lEngineering C mpany (TEC) for the Virginia Drive, Park Lan, and MacGregor Avenue Rehabilitation Project (desi n and constructi n mana ement). The Agreement as execut d by Brian Zick, Principal of The Engineering Company (TEC) on January 12, 2012. The January 31, 2012 letter from the Ferns orth Group, Inc. states that TEC as acquired by Farnsworth Group, Inc. effective January 1, 2012. The II tter does not offer any explanation as to why the Agreement as executed by TEC elve days fo00owhru the acquisition of TEC by the Ferns orth Group, Inc. The Agreement provides as fo "IX — iscellaneous (H) — Assignment Neither this Agreement nor any of the rights or obligati ns 'fthe parties hereto, shi0 be assigned by either pattyWithout the rftten consent .fthe other". have the folio ing comments: 1. The letter indicates that "the Team designated in the RFIP will continue to remain *in the preiect and Brian Ziclk and myself (Rick R. Pickard) will continue t be your primary p of contact". This indicates that the engineering principals of TEC ill remain the same. 2. Refusal t assign the Agreement to the Farnsworth Group, Inc. woulld result in the necessity to re pen the RIFP process to a ard the contract t a differ nt engineering firm. This u0d delay the start of the project. 3 Due to the fact that there is no indication that the Farnsworth Group, inc„ canielt adequatelly perform the s rvices specified in the Agreement and the To has been assured that the individuals responsible for the work »1I0 remain the sa e, failure to approve the assignment f the Agreeme t may lead to a claim by the Farnsworth Group, Inc. that the Town had no substantial r ason to deny th assigni ent of the Agreement Unless there are specific reas ns to supp rt a finding that the acquisition of TEC by the Farnsworth Group, Inc. impairs the ability of the firm to perform its res onsibillities pursuant t the Agreement, it is my opini in that the I wn sh uid approve the requested assignmtnt If you need anything further, please do not hesitate t Thanks, Gre give me a call. municip ities throu reputation and wi Collins, Denver i Col jmccombs Posted: Wednes 0 , 2012 1.0:09 AM ST. LOUIS, MO ... February 1, 2012...Farnsw Group, Inc., ;ti I -service engineering nd architecture final with o . ces in St. L uis, announced t.• .y they ve The Engineering C mp y (TEC), municipal, water/w stew ter and survey firm based in F Col is, CO. TEC has bee b ed in F rt C s, CO, since 1985 servin Colorad Speci; Districts ; id e Rocky Mountain d Great Plains regions. TEC HS an excellent ant Farnsworth Group's existing Colo do operations in Fort o Springs. rt Farwo 1 oup President ;i ,01d CEO Karen Jensen, PE, said: "TEC% utation s a q priiviier of en, 1 i leering services will imme .ately stre en our 'ineenng presence'i the Colorado d w» ste , region of Y.e U.S. We enthusiastic about the new ioipportu.nitiesiiis acquisition will o ...er, riid Jie expertise 4, i id t jo. " g the Farms . orth Group te tit better s rve 1.I of our clients." TEC s ff d clients will benefit from F sworth up's 11 1-senn , multi -disciplined en 'sneering services, the firm's n tionwide network of nd 100-yel hist.ry, d the surr.ort of more I II;i. 300 Farnsworth up personnel. "TEC is looki g firward to bei it part of F o Group and con iuing our :mission of providing • quality engineering services .from our Fort Collins offices," s 'd former TEC President J. Brian Zick, PE, Who will now serve :. unicipal er for F swo:rth Group's Westeron. "With Farnsworth Group, we will n w be 1e ti H.i. enhanced services to our elicits id provide them wi J additi J-41 c abilities and solutions to solve eir en nearing eeds." FamswGroup, ic., e nployee-own c pany, is a fidl-service engineering, architecture and survey fimi based in Bloomington, IL, offering clients m re than 300 professionals lout throughout nationwide network f offices including Illin is, /(ssourj, Colorado, Wisconsin, C d Georgia. Read more: http://interacts day. m/pr/business/PRO201 I 210098113#ixzz x9j1 J nuary 31, 2012 Town of E P.O. Box 12 170 MacG or Avenue Est a Park, CO 80..1'17...1200 Pa A 'Ilion: Ke °n Ash, P.E., Public Works Civil Engin Dear Kevi As you are , TEC has ctive as aE Janu ry I, 2012. MacG • or Avenue R habW specifid forthat deal F ulired by F begun and have Pursuant to perform the obligations To a mplish this e nag pe on sign thk) As I ha p viouelly mention project and Brie Eck a y to contact 1-11 IBrian for your continu4,.., support Rick - P.E. Engin; oring Man eir IISWORT1-1 GR UP, INC rpickard©f- .com that you ackn e Tam design 'Di ntinue to u have any q ove into this 2 10 IE., Preelpect d, Suite 19 Fort Collins, Coiorado 80525-9770 p 970..4 4.'7477 f 970. 4 74 8 www..t-w.co Group, lino This n th Virginia P ntct on„ both «'Ca Fa e C.ortract. .greenvavigation.com uisitio di( Lane, and pr vide th no the alignrn nt by havingth appropri ?' in 'the RIFP will oontinu to an the your prig ary •nt of tact. noourage stions ab ut this Th nk you lationship with Farnsworth Group. CONSE OF ASSIGN ENT Town of Es P Colo o By: P °Int d ame Titi ENGHNIEEIRS ARCHITECTS SURvIEY RS I SCIENTISTS ri! EST' tv 1111 Ea telk H11 II* 2310 E V tp CO 7,62740. y MOM 1111''„0 1111 II 1 i„ Vfr f TOWN OF ESTES PARK, AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (this `Agreement") Is made and entered into this jam!. *day of Januanr. 2012. by and between the Town of Estes Park, County of Latimer, State of Colorado (the "Town"} and The Engineering Company an independent contractor rConsufantl. WHEREAS, the Town requires professional engineering services related to the; VIRGINIA DRIyE. PARK LANE & !At GREGQ&6VENJE REHABILITATION PROJECT MEOWS & CONSTRUCTION MANAOEMEN TI ; and WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and experience to perform the required engineering services; NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acnowledged, the parties hereto agree as folows: I. SCOPE OF IERyj,CES A. Consultant shall furnish all labor and materials required for the complete and prompt execution and performance of its duties, obligations, and responsibilities (the 'Work") which are described or reasonably implied in the Consultant's or000sal dated December 22. 2011, which Is provided as Exhibit A (and the original Public Works `Reouest for Prpoosal dated December 2. 2011). both attached hereto and incorporated herein by this reference. B. No material change to the Scope of Services, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either ding or implied by a course of action. II. REPORTS. DATA. AND WORK PRODUCT A. The Town shall provide Consultant with reports and such other data as may be available to the Town and reasonably required by Consultant' to perform the Scope of Services. Ail documents provided by the Town to Consultant shall be returned to the Town. Consultant Is authorized by the Town to retain copies of such data and materials at Consultant's expense. B. Other than sharing information with designated third parties as previously directed by the Town, no protect information shall be disclosed by Consultant to third parties without prior written consent of the Town or pursuant to a lawful court order directing such disclosure. C. The Town acknowledges that the documents created by Consultant for the Project, including but not limited to drawings, designs, specifcaations, reports, and incidental work or materials (the 'Work Product"), are instruments of professional service. Nevertheless, copies of the Work Product shall be provided to the Town and other contractors and subcontractors shall be authorized to use and reproduce applicable portions of the Work Product that are appropriate to use in the execution of their work related to the Project The Work Product shall become the property of the Town upon completion of the Consultant Contract 1 of e Work. Consultant, however, shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property and all rights to any intellectual property developed, utilized, or modified in the performance of the Work. D. Consultant shall provide to the Town electronic versions of the Work Product in the format directed by the Town's REP. M. COMPENSATION 4ND FINAL SETTLEMENT A. in consideration for the completion of the Work by Consultant, the Town shall pay Consultant an amount equal to the firm -fixed price extended in Exhibit A, which is SIxtveeven, thousand. six hundred twenty seven and 00/100 ($67.0271. The amount spectiied herein shall include the fees and expenses anticipated to be incurred by Consultant In performing all services hereunder, as described in Exhibit A. The amount specified herein shall exclude the fees and expenses anticipated to be incurred by others in performing the work described in Exhibit A, as well as the Schedule of Activities in Section 1.5 of the RFP. B. If, on the basis of the Town's observation of the Work and the Town's review of the final invoice and accompanying documentation as required by this Agreement, the Town is satisfied that the Work has been completed and Consultant's other obligations under this Agreement have been fulfilled, the Town will, within forty-five (45) days after receipt of the final invoice pay the amount due. Otherwise, the Town will return the invoice to Consultant indicating in writing the reasons for refusing to schedule final settlement, in which case Consultant shall make the necessary corrections and resubmit the invoice. IV. QQ PENCEMENLA1ND COMPIvETIQN OF WORK Within seven days of receipt of a Notice to Proceed, Consultant shall commence work as set forth in the Scope of Services or that portion of such work as is specified in said Notice. Except as may be changed in writing by the Town, the Scope of Services shall be complete and Consultant shall furnish the Town the specified deliverables as provided in Exhibit A. V. PROFESSIONAL REEON tIB1LITY A. Consultant hereby warrants that It Is qualified to perform the Work, holds all professional licenses required by law to perform the Work, and has all requisite corporate authority to enter into this Agreement. B. The Work shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Work shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. C. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for construction costs caused by errors and omissions which fall below the standard of professional practice. D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of the work. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Work shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement Consultant Contract itratct 2 of 2 E. Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder, or affiliate of Consultant shall not have a finandal relationship with or an ownership interest in any person andlor entity which entity andlor person shall be the recipient of any contract or work for the project designed by Consultant pursuant to the terms and conditions of this Agreement. Consultant understands and agrees that the purpose of this provision Is to prevent any Information created as a result of Consultants services herein being used by any person andlor entity In the preparation of any bid or performance of any work for the project. Consultant also understands and agrees that part of the services to be provided pursuant to the terms of this Agreement are construction management services which require independent judgment of Consultant In the representation of the Town with regard to construction of the project. Consultant understands and agrees that the Town is relying upon the Independent judgment of Consultant with regard to the services provided herein. F. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the Scope of Services. Upon execution of this Agreement, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. Ail contracts between Consultant and subcontractors shall conform to this Agreement including, but not IImiW to, Section XI, L VI. j)rISUIGE A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufdent to insure against all liability, claims, demands, and other obligations assumed by Consultant pursuant to this Agreement. Such' Insurance shall be in addition to any other insurance requirements imposed by law. B. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and Insurers acceptable to the Town. In the case of any claims. made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Worker's compensation insurance to cover obligations Imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employees Liability insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000) disease — policy limit, and five hundred thousand dollars ($500,000) disease — each employee. Evidence of qualified self -insured status may be substituted for the workers compensation requirements of this paragraph. 2. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall Include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interest provision, and shall be endorsed to Include the Town and the Town's officers, and employees as additionally insured. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. Consultant Contract 3 of 8 3. Professional lability insurance with minimum Ilmlts of one million dollars ($1,000,000) each claim and one million dollars ($1.000,000) general aggregate. C. Any insurance carried by the Town, its officers, its employees, shall be excess and not contributory insurance to that provided by Consultant. Consultant shaft be solely responsible for any deductible tosses under any policy. D. Consultant shall provide to the Town a certificate of insurance, completed by Consultant's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the polities shall not be cancelled. terminated, or materially changed until at least thirty (30) days prior written notice has been given to the Town. The Town reserVos the right to request and receive a certified copy of any policy and any endorsement thereto. E. Failure on the part of Consultant to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Consultant from the Town. VI INDEMNIFICATION Consultant agrees to indemnify and hold harmless the Town and its officers, Insurers, volunteers, representatives, agents, employees and assigns from and against all claims, lability, dam, losses, expenses and demands, including nttomey's fees, on account of Injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness. disease, death. property loss or damage, which arise out of the negligent act, omission, error, professional error, mistake, negligence, or other negligent fault of Consultant, any subcontractor of Consultant, or any officer. employee, representative. or agent of Consultant or of any subcontractor of Consultant, or which arise out of any workmen's compensation dalm of any employee of Consultant or of any employee of any subcontractor of Consultant. In any and all claims against Town or any of its officers, insurers, volunteers, representatives. agents, employees or assigns, by any employee of Consultant, any subcontractor of Consultant, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the Indemnification obligation under this Section VP shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under worker's compensation actions, disability benefit acts or other employee benefit acts. In the event it becomes necessary for the Town to bring any action to enforce any provision of this Agreement or to recover any damages the Town may incur as a result of the breach of this Agreement, including, but not bitted to, defective work, and the Town prevails in such lllgation, Consultant shall pay the Town its reasonable attorneys' fees as determined by the court. Vllf. TERMINATION This Agreement shall terminate at such time as the Work is completed and the requirements of this Agreement are satisfied, or upon the Town's providing Consultant with seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by the Town's Issuance of written notice of intent to terminate, the Town shall pay Consultant the reasonable value of all work previously authorized and completed prior to the date of termination. If, however, Consultant has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. If the Agreement Is terminated for any reason other than cause prior to completion of the Work, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consentd to by Consultant. Consultant Contract 4 of 8 Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Condtution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town's obligations under this Agreement are subject to annual appropriation by the Town Board of the Town. Any failure of the Town Board annually to appropriate adequate monies to finance the Town's obligations under this Agreement shall terminate this Agreement at such time as such then-odsting appropriations are to be depleted. Notice shall be given promptly to Consultant of any failure to appropriate such adequate monies. IL CONFUCT OF INTEREST The Consultant shall disclose any personal or private interest related to properly or business within the Town. Upon disclosure of any such Interest, the Town shall determine if the interest constitutes a conflict of interest, including Section V-E. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a defauft and terminate this Agreement X.. INDEPENDENT CONTRACTOR Consultant is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. Consultant shall Make no representation that it is a Town employee for any purposes. XL MISCELLANEOUS A. Govemina Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Lartmer County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement C. Intel:ration. This Agreement and any attached exhibits constitute the entire Agreement between Consultant and the Town, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first dass United States Mail, addressed as follows: The Town: Town of Estes Park, Public Works Department Kevin Ash, P.E., Public Works Civil Engineer PO Box1200 Estes Park, CO 80517 970477-3588 Consultant The Engineering Company (TEC) Attn: Brian Zidc, Principal 2310 East Prospect Fort Collins, CO 80525 970404.7477 Consultant Contract 5 of 8 E. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. I. Governmental Immunity. The Town, Its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary iimitaticns (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($800,000) per occurrence) or any other rights immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. J. ,Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies. or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Binding: Effect. The Town and Consultant each bind Itself. Its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither the Town nor Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. L. Work By glee Aliens Prohibited. a. Consultant hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that Consultant has partidpated or attempted to partdpate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5-101(1) (`Program") in order to verify that it does not employ illegal aliens. b. Consultant shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. c. Consultant hereby certifies that it has verified or attempted to verify through partidpation in the Program that Consultant does not employ any illegal aliiens and, if Consultant is not accepted Into the Program prior to entering into this Agreement, that Consultant shall apply to participate in the Program every three (3) months until Consultant Is accepted or this Agreement has been completed, whichever is earlier. d. Consultant is prohibited from using Program procedures to undertake pre- employment screening of job applicants while this Agreement Is being performed. e. If Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an Illegal alien, Consultant shall be required to: consultant Contract 6 of 8 (I) notify the subcontractor and District wlthln three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracling with an illegal alien; and (II) terminate the subcontract with the subcontractor if within three (3) days of recebing the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor If during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly emPloyed or contracted with an illegal alien. £ Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment rDeparimenr) made in the course of an Investigation that the Department is undertaking pursuant to the authority established in C.R.S. Article 17.5. g. N Consultant violates this paragraph. Dbtrict may terminate this Agreement for breach of contract. If lits Agreement is so terminated. Consultant shall be liable for actual and consequential damages to the District IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. OWNER: TOWN OF BSTES P Ric, COLO Mayor CONSULTANT': Title: Principal Addrees: .4a/L4P—dek6,20°L 04425, CO igeArZr ATTEST: ATTEST: B•--C3 ,01.6.2.4•e Town Clerk (SEAL) (SEAL) Other Partners: Consultant Contract 7 of a I I cult t t 8 of 8 LI GI G GOR A. UE 1;ILITATIO LIC'OS'EP ST FOR PROPOS er2,2011 TION DESC ON PAGE 1.0 1.5 OF AC 1.7 F S, PA T =' CO 2.0 2.3 3.0 4.0 SCOPE OF S CE 5.0 A UA TION RY ONOFS OUS C ON O R 0 ON C Professi CONS T • 2-4 3 3-4 4-5 5 6-7 7-9 9-11 VI.RGINIA DRIVE, PARK LANE, & MACGREGOR AVENUE REHABILITATION 1.0 ADMINISTRATIVE INFORMATION AND OVERVIEW: PURPOSE: The Town of Estes Park Public Works Department (PW) is seeking a qualified engineering Consultant to provide civil engineering design and project oversight for a multi -faceted civil street and utility rehabilitation project. The project includes portions of Virginia Drive, Park Lane and MacGregor Avenue. The improvements will vary within the limits of the project. Portions of the project will include replacement of water mains, undergrounding of overhead electric and sanitary sewer main relocation. The sewer relocations will be designed and constructed by Estes Park Sanitation District. The coordination between the Town's rehabilitation project and EP Sanitation District's sanitary sewer relocation project is included in this scope. In addition some areas will need additional stony sewer improvements, sidewalks, curb and gutter. Still other portions of the project will only merit removal and replacement of existing concrete items and an overlay of asphalt street sections. The Town desires to develop a project scope that is intended to disrupt the business area only once and assemble the improvements such that the project is viewed as an attractive project to the private contracting sector. This consulting scope of work will also include overseeing the bidding process and construction management for the project. This is a Town of Estes Park project and is being funded by the Town's Water Utility Division and the Town's General Fund. For information purposes there are no grant funds by other sources being utilized by this project. GENERAL: Proposals submitted in response to this request shall be for providing all professional services necessary for designing a street and utility rehabilitation project described in detail in Sections 4 and 5. The Town of Estes Park estimates these funds will come from the Water Utility Fund and from the General Fund for both the design and construction of this project. The proposed work does intersect with two CDOT Right -of -Ways. The construction is bounded by Elkhorn Avenue on the south and Wonderview Avenue on the north. The area is shown in more detail on Attachment A and is approximately 2100 feet long. It has an average Average Daily Traffic (ADT) = 5,000. It is anticipated that the Consultant will design all elements required to rehabilitate the roadway and replace utilities as directed by the Town. 1.2 SCOPE: This RFP contains the instructions governing the proposals to be submitted. The Town of Estes Park has budgeted funds for the use of a consulting engineer in accordance with Town specifications and policies. Project specific information is on pages 7-11. 1.3 REJECTION OF PROPOSAL: The Town of Estes Park, Public Works Department reserve the right to reject any or all proposals and to waive formalities and minor irregularities in proposals received if deemed in the best interest of the Town to do so. If, in the judgment of the Town, the bids or proposals are substantially equal, the Town Board may grant the contract to companies located in the Estes Valley or Larimer County. The total cost of proposal preparation and submission shall be by the Consultant. 1.4 PROPOSAL SUBMISSION: Five (5) hard copies of the proposals must be received on or before 4:00 P.M., December 22, 2011. Consultants mailing their proposals must allow sufficient mail delivery time to insure receipt of their proposals by the time specified. LATE PROPOSALS WILL NOT BE ACCEPTED OR CONSIDERED. 2 VIRGINIA DRIVE, PARK LANE & MACGREGOR AVENUE REHABILITATION The proposal envelope shall be delivered or sent by mail to: Mr. Scott Zurn, Director of Public Works Town of Estes Park, Public Works Department P.O. Box 1200 Estes Park, CO 80517 Envelopes should be clearly marked: Virghlia Drive, Park Lane & IVIneGregor Avenue Rehabilitation 1.5 SCHEDULE OF ACTIVITIES (both projects): Request For Proposal (RFP) Available Q&A Meeting RFP Proposal Submission Deadline Consultant selection Town Board approval* Engineering Rough Draft Due Final Draft & Specifications completed Final Bid packages prepared PW approval Construction bid documents available Bid opening by Consultant at Town Hall Town Board contract approval to proceed Construction completed December 2, 2011 December 9, 2011 (2:00 P.M.) December 22, 2011 (4:00 P.M.) December 29, 2011 January 10, 2012 January 24, 2012 February 14, 2012 February 21, 2012 February 22, 2012 March 7, 2012 March 13, 2012 May 23, 2012 *Pealing Consultant's submission of Contract, Certificate of Insurance, and Business license. 1.6 TOWN CONTACT PERSON: Please direct inquiries concerning the technical nature of this request for proposal to the following Project Manager: Attn: Scott Zurn, Director of Public Works Public Works Department Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Contact: PHONE: (970) 577-3582; FAX: (970) 586-6909, szum©estes.ora 1.7 PROFESSIONAL SERVICES TIME AND FEE: Following selection of a Consultant, the Town will negotiate contract values for services. Payments shall not exceed the Total agreed value. Subcontracting or specialty engineers (see 1.9) shall be line item detailed, and an estimated value identified and approved prior to any Work. The agreement will be effective through December 31, 2012. (or until all documentation and services are approved for final acceptance) 1.8 METHOD OF PAYMENT: In the event that a service is requested which is not listed on the Proposal, the Consultant, and the Town will negotiate an appropriate unit price for the service prior to any work being done. Billing and payment cycles are as printed on the Annual Vendor Payment Schedule generated by the Town's Finance Department and based on a twice per month method. The amount of such payment shall be based upon certified progress reports and billing covering the work performed 3 VIRGINIA DRIVE, PARK LANE & MACGREGOR AVENUE REHABILITATION and based upon percentage complete (%). The invoice will be submitted to the Town representative, as identified above, for approval. Payments by the owner will not exceed 90% until the project is completed and accepted by CDOT and the Town. 1.9 USE OF SUBCONTRACTORS: The bidding Consultant shall indicate in the proposal any work intended to be performed by subcontractors or persons outside of their firm. The bidding Consultant shall name the subcontractors, if known at the time of proposal submittal; including but not limited to surveying, wetlands, materials, structural, and soils testing and geotechnical consultants. Subcontractors shall be bound to meeting the same quality standards and schedules. They will also provide the same level of documentation (insurance & business licenses). See item 1.11 below. 1.10 AWARD OF CONTRACT: A formal contract will be awarded to that responsible bidding Consultant whose proposal, conforming to the RFP; will be most advantageous to the Public Works Department, with these design and selection factors considered. The executed contract will be a Lump Sum type and the Town will generate a Purchase Order to reflect the contract value. Invoicing shall not exceed the contract without a previously approved change order to the Consultant. 1.11 INSURANCE REQUIREMENTS FOR CONSULTANTS: (Insurance Certificates are not required with the proposal.): The Town must approve the successful Consultant's insurance prior to execution of the contract by the Board of Trustees. Coverage shall meet State standards as per the CRS, and name the Town of Estes Park as additionally insured. The successful Consultant shall acquire a Town Business License prior to signing the contract. 1.12 RESPONSE MATERIAL OWNERSHIP: All material submitted regarding this RFP becomes the property of the Town and will only be returned to the Consultant at the Town's option. The Town of Estes Park has the right to use any or all ideas presented in reply to this RFP. Disqualification of proposer does not dirninatel this right. 1.13 TERM OF CONTRACT: The term of the contract resulting from this RFP shall be from the date of the executed contract thru December 31, 2012 or final Town acceptance of the work. The Town will generate the Contract Agreement in accordance with Town policy. (see Attachment B) 2.0 INFORMATION REOUIRED FROM CONSULTANT. 2.1 RESPONSE TO THE RFP: The proposer must address each item of the following section in the order presented and meet the mandatory requirements of Section 2.2 through 5. 2.2 REQUIRED PROPOSAL ELEMENTS: The Consultant must provide the following information and statements with the proposal: • Brief summary of the proposal. • Statement of understanding, showing familiarity with the Scope of Services. • Proposed approach to the work and control as outlined in the Scope of Services. 4 VIRGINIA DRIVE, PARK LANE & MACGREGOR AVENUE REHABILITATION • The Consultant's qualifications and experience in providing professional surveying, engineering, and/or drafting services for roadway projects similar in size. • The Consultant's qualification and experience in previous road reconstruction/ utility/engineering projects of similar size and scope and within CDOT right-of-way. • Resimths of key professional staff'. • Name of person who will act as primary contact person for the Consultant's work; including phone, cell phone, and email contact information. Statement of ability for design work to stay within the proposed budget by the Consultant for the types of services anticipated. • A brief statement of compliance with the terms and conditions as set forth in the Administrative Section of this RFP. 2.3 MANDATORY REQUMEIVIENTS: 2.4 PERSONNEL: The successful proposer must be capable of providing adequate, knowledgeable personnel to fulfill the requirements of the proposed contract Include resumes for all key personnel. All details outlined in this.RFP for CDOT, CRS & Town of Estes Park shall be met and referenced. 2.5 FINANCIAL CAPABILITY: The successful proposer must be financially capable and solvent in flailing the requirements of the proposed contract. 2.6 ILLEGAL ALIENS: The Contractor certifies that the Contractor shall comply with the provisions of CRS 8-17.5-101, et seq. The Contractor shall notknowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and the Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply vvith any requirement of this provision or CRS 8-17.5-101, et seq., the Town may terminate this contract for breach of contract and the Contractor shall be liable for actual and consequential damages to the Town. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowinglyemploys or contracts with an illegal alien, the Contractor shall:(a.) Notify the subcontractor and the Town within three 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 5 VIRGINIA DRIVE, PARK LANE & MACGREGOR AVENUE REHABILITATION if within three days of receiving the notice required pursuant to sub -paragraph (a) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 3.0 EVALUATION/SELECTION INFORMATION: 3.1 EVALUATION/SELEMON METHOD: An Evaluation/Selection Committee composed ofmembers of the Engineering Department staff will review the proposals. The objective of the Evaluation/Selection Committee will be to evaluate proposals against the criteria set forth herein. The Evaluation/Selection personnel will evaluate proposals relative to the following criteria: • Understanding and completeness of approach to performing the types of work reasonably expected to be incurred under this type of contract. • Experience of the Consultant in surveying, geotechnical investigation, designing, preparing plans & specifications, bidding documents and ability to perform project management/field inspections for local agencies, utility districts and CDOT projects. • Experience and qualifications of key staff members who will be responsible for and involved in the work product. • Proposed staff categories and corresponding hours anticipated to design and oversee the project management/inspection of this project. The hourly rates and total costs anticipated for the Consultant and all subconsultants shall be clearly represented. Management qualifications and company capability. Qualifications of the Consultant in terms of its ability, experience, and reliability in performing and managing work within a schedule and budget References should be provided for at least three recent clients for whom the Consultant has performed similar projects and for similar entities. • Interviews are planned for the last week of December. Consultants shall provide all pertinent information (this may include CD, DVD, PowerPoint, or other forms of documentation). 6 VIR.GINIA DRIVE, PARK LANE & MACGREGOR AVENUE REHABILITATION 3.2 SELECTION CRITERIA AND METHOD: The Town staff will review the proposals and rate on the following basis: POINT RANGE 5-20 1-10 1-10 1-10 5-20 QUALIFICATION Client references for similar projects Adequacy of proposal Qualifications of staff Availability Cost STANDARD Performance on time, in budget, within scope of work. References to similarly sized projects. Would you hire the firm ain7 Understanding of this local project location and scope of services. Project staff background, education, and experience on similar projects. Ability to perform and meet the project timeframe. Consultant's ability to provide services in a responsible and affordable manner within professional standards. TOTAL POINTS (70 POSSIBLE) Based on the point system, the firms will be ranked in order of their perceived ability to perform the work. The top firm will be interviewed, and after interviews, points may be recomputed. The Town's Public Works staff will negotiate the contract value after interviews are complete, and a selection made. 4.0 SCOPE OF SERVICES: 4.1 GENERAL: The Public Works Department is seeking the services of a Professional Civil Engineering Consultant to design, bid, and manage the reconstruction of pedestrian and drainage facilities, street rehabilitation and water main replacement along Virginia Drive, Park Lane, and Macgregor Avenue using the provided survey that shows existing topographic features. The Public Works Department is planning this reconstruction as part of a water main replacement and in coordination with Estes Park Sanitation District's project relocating their sewer facilities in Virginia Drive. The Consultant shall provide all the necessary design criteria, geotechnical investigation along with any supplemental survey beyond the provided survey/plan & profile sheets, and create a full set of Plans and Specifications for bidding and construction in accordance with the current CDOT, Larimer County and Town regulations and standards. The Consultant will also assist in the acquisition of any permanent or temporary construction easements from adjacent properties as needed. 4.2 DOCUMENTS PROVIDED: The Town will provide a land survey of the project site showing topographic and preliminary underground utility information, including the edge of asphalt or gutter elevations. The survey data is in AutoCAD and .PDF format. (see .PDF Attachment A). Templates will be provided for Advertisement for Bid, Information for Bidders, General Conditions, Contract Agreement, Performance & Payment Bond, Bid Bond, Bid Proposal, Addendum, Notice of Award, and Notice to Proceed, Change Order, Pay Application. 7 VIRGINIA. DRIVE, PARK LANE & MACGREGOR AVENUE REHABILITATION Provided for your use is the land survey of two (2) sheets of 24" x 36" plan view sheets along with an AutoCAD electronic compatible copy on CD. Scale is currently 1" = 50'. The data collection shown includes utilities and existing topographic features. Any missing or needed information or supplemental survey shall be developed by the Consultant at their expense, including connection to the HARN. 4.3 SITE PARAMETERS: The starting point of the project will be Virginia Drive starting at Elkhorn Avenue. It then proceeds several hundred feet north of the Park Lane and Virginia Drive intersection. This portion of the project will involve road rehabilitation„ new concrete curb gutters and sidewalks and replacement of water mains and miscellaneous infrastructure. This portion of the project requires coordination with Estes Park Sanitation District's project. EP Sanitation District's project consists of the relocation of existing sewer mains which is scheduled to begin in February. Other portions of this project include roadway rehabilitation, storm sewer improvements and concrete curb and walk replacement on Park Lane and Macgregor Avenue. The limits of these improvements begin at the intersection of Park Lane and Virginia Avenue then proceed to the Macgregor Avenue and Wonderview Avenue intersection. There are minimal underground utility improvements required in this portion of the project, however underground storm sewer needs are anticipated. 4.4 CONSULTING SPECIALISTS: The Prime Consultant that is submitting a proposal shall identify any subcontractors that may be providing special reports for the thorough design of this project. Any testing, surveying, geotechnical investigations or design information needed to complete the design or specify materials, or mix designs for asphalt or concrete shall be included in this proposal. This also includes soils reports for design and material testing during construction. 4.5 DELIVERABLES: The Consultant shall design and develop all plans and specifications for bidding this project in accordance with the Town's Standards, land surveying & HARN criteria. In addition the specifications and criteria will meet CDOT Standards, AASHTO and Estes Park Utility Standards. Approved plans shall be 24x36 mylars suitable for reproducing and in digital AutoCAD format. Specs shall be provided in Word format. All work shall be reviewed and approved by CDOT and the PW Department. The Consultant shall provide all project documentation and meeting minutes in .PDF format. 4.6 PUBLIC CONTACT: Consultant shall contact all adjacent property owners to review the design as well as act as liaison during construction to mitigate any concerns or issues. Consultant shall advertise for and conduct one public meeting. The Consultant shall advertise and manage the results of the bidding process and produce a recommendation letter and spreadsheet of results to Public Works with the resulting bids. 4.7 PROJECT MANAGEMENT: The Consultant shall provide construction observation/inspection to assure the Contractor's compliance with plans, specifications and contract documents. The Consultant shall be on site as needed and attend weeldy project construction progress meetings at Town Hall. All monthly pay applications and change orders shall be reviewed by the Consultant prior to submission to the Town's Project Manager. They will be developed by the Contractor and the Consultant using an approved format. 8 VIRGINIA DRIVE, PARK LANE & MACGREGOR AVENUE REHABILITATION 4.8 PROGRESS REPORTS AND PRESENTATIONS: Consultant will schedule and coordinate a weekly constriction progress meeting. Agenda items will be generated by the Consultant. Consultant will be expected to attend at least one (1) Public Works Committee meetings. Consultant will also be expected to meet at least twice with CDOT, Estes Park Sanitation District, Town Utility Department and the Town's Public Works representatives during the development of the bid documents. It will be the Consultant's responsibility to acquire all CDOT approvals for final design and also construction related Change Orders of the work. 4.9 TOWN REPRESENTATIVES: The Town's representatives on this project will be Mr. Scott Zurn, PE, Director of Public Works, (577-3582). All progress meetings, project review, field meetings, day to day work, and project related contact will be with the Public Works Department. All formal contractual issues shall be made through Mr. Zurn. 4.10 TIME SCHEDULE: Consultant will complete the design and deliver the final documents according to the schedule in Section 1.5 provided on page 3. The Consultant shall note any deviation from the schedule in their proposal and provide any requested changes in writing. 4.11 COMPENSATION SCHEDULE: Alter the Consultant Selection Process, the Consultant shall submit a schedule of fees for review and approval by the Town. This approved schedule will be included in the contract between the Consultant and the Town. 4.12 .ADDITIONAL INFORMATION: All responders shall provide resumes or detailed descriptions for all members of the proposed project team. Provide description of project team, including project manager, project engineers, and any proposed subcontractors. Show amount of time to be spent on the project by all members of the team. Provide descriptions of similar projects performed by the project team. Provide references for these projects and any others, as appropriate. Provide sub -consultant overview statements and company flyers of theirs if available. 5.0 MISCELLANEOUS CRff.ERIA: The Consultant will work closely with Town Staff.PW Director, Project Manager, and Utility Departments and CDOT to design and draft preliminary and final plans for this project. Consultant shall provide any additional or supplemental specific surveying to facilitate the design as well as produce a bound final document and plans ready for bidding. In general, the roadway design will use the CDOT M&S Standards, and CDOT Specifications for Road & Bridge Construction. Other references also include AASHTO and the Lorimer County Urban Street Standards, and the Town of Estes Parks Utility Standards. The Consultant will be responsible for producing all plan documents based on close coordination with the Town Project Manager. The plan documents will consist of, but not be limited to, the following standard CDOT formats: layout and cover sheet, plan views, profile views, cross sections, profiles, details, sketches, traffic control plan, general and detailed construction notes, all specifications, special conditions, construction explanation notes, and details, suitable for bidding and construction. 9 VIRGINIA DRIVE PARK LANE & MACGREGOR AVENUE REHABILITATION The Consultant shall also produce all calculations necessary for BMPs (best management practices) as needed, any and all plan quantities, and other work related to producing the design documents. The Consultant will be provided a site survey, but will also be required to provide any missing survey data. The Consultant shall connect the project area survey to the HARN. Town staff as available, may provide electronic or paper copies of available Plats, utility as-builts/layer and/or Otho-photography on a site specific request by the Consultant. Coordination and approval of governing agencies shall be covered in the scope. This may include by not be limited to: Review and permitting by the State Division of Health & Environment, CDOT, and Town of Estes Park Public Works and Utilities Department. The Consultant will also meet with all related Agencies as needed to review design, acquire construction easements, develop BMP's, and all Storm Water, and run-off factors and satisfy regulatory issues. The Consultant shall generate all clearances and clearance letters including but not limited to: Right -of - Way, Utilities, Materials, Environmental, Archeology, Hydraulics, Floodplain, Form 1331, etc. as typically specified by CDOT standards. Consultant shall acquire State & Local Floodplain permits and generate a Hydraulic Report. The Consultant shall coordinate all utilities within and along the project and develop and obtain a utility clearance. This includes but in not limited to: Town of Estes Park Water , Town of Estes Park Light & Power, Xcel Energy gas, Baja Cable, Platte River Power Authority fiber, Qwest phone, Estes Park Sanitation District, and Upper Thompson Sanitation District. Owner Option: The Consultant will be asked to meet with the Town of Estes Park, Light & Power department to include the burying of existing overhead power lines and removal of poles. If deemed possible by the utility company, this will likely also include Qwest and Cable TV overhead wires. The Consultant shall plan at least 4 engineering design meetings (1' review, 50 %, 90%, final) with staff and CDOT as needed to acquire final CDOT and Town approval. The Consultant shall coordinate all aspects of construction with Town Staff' and the contractor. Including but not limited to: CDOT compliance, environmental, utilities, right of way, material testing, public safety, traffic control, & progress meetings. The Consultant will design, review, and approve all traffic control plans for the Contractor. All TCP shall be in accordance with the MUTCD Part-6. The Consultant shall attend weekly progress meetings with the Owner & Contractor. (at Town Hall). They will invite all necessary and affected persons relative to that week's operation. The Consultant shall coordinate invitations as needed that may include utility companies, suppliers, subconsultants and subcontractors. 10 VIRGINIA DRIVE. PARK LANE & MACGREGOR AVENUE REHABILITATION Consultant shall produce a recommendation of 'critical -path' items for a timely completion of the proposed projects. The Consultant's field staff shall be available daily (or as needed) to confirm quality control so as to confirm that the work is meeting the intent of the design. The Consultant shall generate notes and image/sketches for the Town Public Information Office and assist in public advertising (newspaper & radio) of theproject including traffic control, - detours, & roadway closures. Press -releases shall be produced by the Consultant for public release. The Consultant's field crew shall keep written weekly progress report and take digital images no less than every visit to accurately reflect the progress of the work, plus highlight any changes and also underground conditions of any utilities and storm water facilities that may be exposed. This packaged report shall be provided to the Owner upon completion of the project along with the as-builts stated below. The Consultant shall develop a thorough spreadsheet itemizing all units, unit prices, quantities, and estimated costs to completion during the course of construction. This spreadsheet may be used by the Owner for future work. The Consultant shall be responsible for reviewing and commenting on any necessary or provided 'cut sheets' from the Contractor. Material proposals or changes shall be forwarded to the Owner with a consultant cover letter with findings and recommendations of their findings. Any additional fees for engineering services or construction related work shall be preceded by a Change Order request and cover letter produced by the Consultant. Presentation of any change orders will be to the Town staff rpja- to said work and may require approval by the PW Committee. (Consultant shall attend and support said change orders at PWC). This applies to both Consultant and Contractor proposed change orders. All Change Orders requested by the construction Contractor shall be researched and reviewed by the Consultant. A determination and recommendation shall be provided by the Consultant in a cover letter. The Consultant may need to attend PW Committee meeting for support and back-up on said details. The successful Consultant shall be solely responsible for providing final as -built drawings and uroiect records to the Town and a second set to CDOT. As-builts shallbe in both AutoCad as well as one set of signed (wet stamped) mylars and one (wet stamped) paper copy. The Consultant shall work closely with the Contractor to keep and maintain accurate site as -built notes during the course of the construction (Le.: swing ties, elevations, quantities, changes). A 'project completion file' shall also be generated by the Consultant (and turned in with the as-builts) and shall include sectioned tabs, which include but are not limited to: Contract info., big -Ming, materials, construction, pay applications, submittals, field changes, etc. 11 Memo To: From: Scott A. Zum, PE, CFM, Public Works Director Kevin Ash, PE, Public Works Civil Engineer TOWN OF F. PARK 1 l��' I�NI of �� YES �� �I I i � �'4 tif.hll111 Public Safety, Utilities & Public Works Committee Interim Town Administrator Richardson Date: February 9, 2012 RE: Bond Park Phase V Design Consultant Selection Background: At the direction of the Bond Park Stakeholder Group, Town staff has negotiated a scope and fee with Chroma Design for the design, specifications and construction management services for the Bond Park Phase V Improvements. This effort will focus on completing the hardscape along Elkhorn Avenue. If approved, the design effort will begin in February complete Final Construction Documents in May. The project will advertise and bid for construction in June. Material ordering and fabrication will occur between July and September. Construction of the Bond Park Phase V Improvements is scheduled to begin in the fall 2012 and finalize in the spring of 2013. Budget: The negotiated fee with Chroma Design is $43,873. """this total does include $4,000 for construction management, once construction is underway. With a 10% contingency, our budget for design and construction management for Bond Park Phase V is $48,260.30. Staff Recommendation: Public Works recommends initiating a design and construction management contract with Chroma Design to develop contract documents for the Bond Park Phase V Improvement Project, within the Town's purchasing policy. Page 1 L-14, TOWN OF ESTES PARK tn I ork a oo onle oolt AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and entered into this day of , 2012, by and between the Town of Estes Park, County of Larimer, State of Colorado (the "Town") and Chroma Design an independent contractor ("Consultant"). WHEREAS, the Town requires professional engineering services related to the; BOND PARK PHASE V IMPROVEMENTS PROJECT; and WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and experience to perform the required engineering services; NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. SCOPE OF SERVICES A. Consultant shall furnish all labor and materials required for the complete and prompt execution and performance of its duties, obligations, and responsibilities (the "Work") which are described or reasonably implied in the Consultant's proposal dated December 29, 2011, and negotiated addendum dated January 31, 2012, which is provided as Exhibit A (and the original Public Works "Request for Proposal dated December 9, 2011), both attached hereto and incorporated herein by this reference. B. No material change to the Scope of Services, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. REPORTS, DATA. AND WORK PRODUCT A. The Town shall provide Consultant with reports and such other data as may be available to the Town and reasonably required by Consultant to perform the Scope of Services. All documents provided by the Town to Consultant shall be returned to the Town. Consultant is authorized by the Town to retain copies of such data and materials at Consultant's expense. B. Other than sharing information with designated third parties as previously directed by the Town, no project information shall be disclosed by Consultant to third parties without prior written consent of the Town or pursuant to a lawful court order directing such disclosure. C. The Town acknowledges that the documents created by Consultant for the Project, including but not limited to drawings, designs, specifications, reports, and incidental work or materials (the "Work Product"), are instruments of professional service. Nevertheless, copies of the Work Product shall be provided to the Town and other contractors and subcontractors shall be authorized to use and reproduce applicable portions of the Work Product that are appropriate to use in the execution of their work related to the Project. The Work Product shall become the property of the Town upon completion of the Consultant Contract 1 of 8 Work. Consultant, however, shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property and all rights to any intellectual property developed, utilized, or modified in the performance of the Work. D. Consultant shall provide to the Town electronic versions of the Work Product in the format directed by the Town's RFP. III. COMPENSATION AND FINAL SETTLEMENT A. In consideration for the completion of the Work by Consultant, the Town shall pay Consultant an amount equal to the firm -fixed price extended in Exhibit A, which is Forty-three thousand, eight -hundred seventy three and 00/100 ($43,873). The amount specified herein shall include the fees and expenses anticipated to be incurred by Consultant in performing all services hereunder, as described in Exhibit A. The amount specified herein shall exclude the fees and expenses anticipated to be incurred by others in performing the work described in Exhibit A, as well as the Schedule of Activities in Section 1.5 of the RFP. B. If, on the basis of the Town's observation of the Work and the Town's review of the final invoice and accompanying documentation as required by this Agreement, the Town is satisfied that the Work has been completed and Consultant's other obligations under this Agreement have been fulfilled, the Town will, within forty-five (45) days after receipt of the final invoice pay the amount due. Otherwise, the Town will return the invoice to Consultant, indicating in writing the reasons for refusing to schedule final settlement, in which case Consultant shall make the necessary corrections and resubmit the invoice. IV. COMMENCEMENT AND COMPLETION OF WORK Within seven days of receipt of a Notice to Proceed, Consultant shall commence work as set forth in the Scope of Services or that portion of such work as is specified in said Notice. Except as may be changed in writing by the Town, the Scope of Services shall be complete and Consultant shall furnish the Town the specified deliverables as provided in Exhibit A. V. PROFESSIONAL RESPONSIBILITY A. Consultant hereby warrants that it is qualified to perform the Work, holds all professional licenses required by law to perform the Work, and has all requisite corporate authority to enter into this Agreement. B. The Work shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Work shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. C. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for construction costs caused by errors and omissions which fall below the standard of professional practice. D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of the work. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Work shall be_ construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. Consultant Contract 2 of 8 E. Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder, or affiliate of Consultant shall not have a financial relationship with or an ownership interest in any person and/or entity which entity and/or person shall be the recipient of any contract or work for the project designed by Consultant pursuant to the terms and conditions of this Agreement. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant's services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the project. Consultant also understands and agrees that part of the services to be provided pursuant to the terms of this Agreement are construction management services which require independent judgment of Consultant in the representation of the Town with regard to construction of the project. Consultant understands and agrees that the Town is relying upon the independent judgment of Consultant with regard to the services provided herein. F. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the Scope of Services. Upon execution of this Agreement, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Agreement including, but not limited to, Section XI, L. VI. INSURANCE A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law. B. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. In the case of any claims - made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000) disease — policy limit, and five hundred thousand dollars ($500,000) disease — each employee. Evidence of qualified self -insured status may be substituted for the worker's compensation requirements of this paragraph. 2. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interest provision, and shall be endorsed to include the Town and the Town's officers, and employees as additionally insured. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. Consultant Contract 3 of 8 3. Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim and one million dollars ($1,000,000) general aggregate. C. Any insurance carried by the Town, its officers, its employees, shall be excess and not contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any deductible losses under any policy. D. Consultant shall provide to the Town a certificate of insurance, completed by Consultant's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated, or materially changed until at least thirty (30) days prior written notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto. E. Failure on the part of Consultant to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Consultant from the Town. VII. INDEMNIFICATION Consultant agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representatives, agents, employees and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, which arise out of the negligent act, omission, error, professional error, mistake, negligence, or other negligent fault of Consultant, any subcontractor of Consultant, or any officer, employee, representative, or agent of Consultant or of any subcontractor of Consultant, or which arise out of any workmen's compensation claim of any employee of Consultant or of any employee of any subcontractor of Consultant. In any and all claims against Town or any of its officers, insurers, volunteers, representatives, agents, employees or assigns, by any employee of Consultant, any subcontractor of Consultant, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the indemnification obligation under this Section VII shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under worker's compensation actions, disability benefit acts or other employee benefit acts. In the event it becomes necessary for the Town to bring any action to enforce any provision of this Agreement or to recover any damages the Town may incur as a result of the breach of this Agreement, including, but not limited to, defective work, and the Town prevails in such litigation, Consultant shall pay the Town its reasonable attorneys' fees as determined by the court. VIII. TERMINATION This Agreement shall terminate at such time as the Work is completed and the requirements of this Agreement are satisfied, or upon the Town's providing Consultant with seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by the Town's issuance of written notice of intent to terminate, the Town shall pay Consultant the reasonable value of all work previously authorized and completed prior to the date of termination. If, however, Consultant has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Work, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented to by Consultant. Consultant Contract 4 of 8 Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town's obligations under this Agreement are subject to annual appropriation by the Town Board of the Town. Any failure of the Town Board annually to appropriate adequate monies to finance the Town's obligations under this Agreement shall terminate this Agreement at such time as such then -existing appropriations are to be depleted. Notice shall be given promptly to Consultant of any failure to appropriate such adequate monies. IX. CONFLICT OF INTEREST The Consultant shall disclose any personal or private interest related to property or business within the Town. Upon disclosure of any such interest, the Town shall determine if the interest constitutes a conflict of interest, including Section V-E. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a default and terminate this Agreement. X. INDEPENDENT CONTRACTOR Consultant is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. Consultant shall make no representation that it is a Town employee for any purposes. XI. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Larimer County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Consultant and the Town, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail, addressed as follows: The Town: Town of Estes Park, Public Works Department Kevin Ash, P.E., Public Works Civil Engineer PO Box 1200 Estes Park, CO 80517 970-577-3586 Consultant: Chroma Design Attn: Doug Lamson, Principal 2020 B Pearl Street Boulder, CO 80525 303-938-9900 Consultant Contract 5 of 8 F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Binding Effect. The Town and Consultant each bind itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither the Town nor Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. L. Work By Illegal Aliens Prohibited. a. Consultant hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that Consultant has participated or attempted to participate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5-101(1) ("Program") in order to verify that it does not employ illegal aliens. b. Consultant shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. c. Consultant hereby certifies that it has verified or attempted to verify through participation in the Program that Consultant does not employ any illegal aliens and, if Consultant is not accepted into the Program prior to entering into this Agreement, that Consultant shall apply to participate in the Program every three (3) months until Consultant is accepted or this Agreement has been completed, whichever is earlier. d. Consultant is prohibited from using Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. e. If Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Consultant shall be required to: Consultant Contract 6 of 8 (i) notify the subcontractor and District within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment ("Department") made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Article 17.5. g. If Consultant violates this paragraph, District may terminate this Agreement for breach of contract. If this Agreement is so terminated, Consultant shall be liable for actual and consequential damages to the District. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. O NER: CONSULTANT: TOWN OF ESTES PARK, COLO DO By: ayor By: Title: Principal Address: ATTEST: ATTEST: By: By: Town Clerk (SEAL) (SEAL) Other Partners: Consultant Contract 7 of 8 TO N OF ESTES PARK O$ PAK PHASE V I PR•VE E TS E O UEST F • P' OPOSAL PA Consultant Contract 8 of 8 K P AS VI P'•V P'•POSAL C A Tree Boar Noveltt ber Members Present: Scott Roederer Sandy Burns Barbara Williams Mike Richardson Rex Poggenpohl Members Absent: Carol Shannon inutes 2011 Others Present: Russ Franklin, Scott Zurn, Brian Berg, Jen Imber, Diana Selby Quorum: Yes General Discussion Scott Zurn updated the board on the status of several Public Works projects with potential Tree Board involvement, including Bond Park and the Black Canyon Redesign. Environmental studies in the area may have an impact on Tree Board plans, especially work involving the CVB Parking Hub, Sandy Burns reported that due to health issues, Carol Shannon would on y be able to join future meetings via phone conference. Diana Selby reminded the board of the December 31st deadline for submitting the Tree City USA Recertification Application. Jen Imber will submit the online application that is available on the Arbor Day Foundation website. Tree Symposium Ideas were discussed regarding the size, scope and location of the 2012 Tree Symposium. The board was favorable with holding the event at the Estes Park Conference Center to accommodate vendors, while possibly scaling down the amount of space used. It was agreed that vendors provide an important community service as part of the Symposium and will be included in 2012. Determination of whether the Symposium will be a half -day or whole -day event will be determined by the curriculum and speakers chosen. It was decided that sequential rather than overlapping presentations would promote a better program and audience attendance. Rex Poggenpohl volunteered to contact area HOAs about the Symposium and encourage participation by sending a representative to attend. Dates for the Symposi were also discussed. The board agreed a date in early May would allow the most beneficial timefr e for p. icipants to follow through with info ation they receive at the event. Jen will check availability at the Conference Center for the days of Tuesday, Wednesday and Thursday for the first and second weeks in ay. Arbor ay A May 1 lth date was discussed for the 2012 Arbor Day celebration with the school. Sandy B set up a meeting on December 6th with the school principal to talk about the idea of an Arbor Day poster contest, with wi ers included in . Arbor Day calendar. Jen Imber presented preliminquotes she received from Master Graphics regarding the cost of printing these calendars. eeting nutes Mike Richardson de a motion to approve the nutes from the July 15th, 2011, September 16th, 2011 and October 7th, 2011 meetings. The motion was animously approved. The next Tree Board meeting '11 be held on Friday, December 16th, 2011. Respectfully sub 'tted, December 16th, 2011, by Jen Imber. Members Present: Scott Roederer Sandy Bums Rex Poggenpohl Barbara Williams Mike Richardson Tree Board Minutes Frid y, December 16, 2011. 8:30 , .me Engineering Conference Room Town Hall Members Not Present: Chuck Levine Carol Shannon Others Present: Diana Selby, Colorado State Forest Service; Russ Franklin, Scott Zurn and Dave Mahaney, Town of Estes Park Arboretum Board members decided to roll over 2011 dollars to 2012 for use in hiring a landscape designer for the arboretum. The first step is an RFP for the landscaping design bid. The cost of this part of the project is a concern —Board members discussed waiting until after the Tree Symposium to proceed further (mid -summer). In addition, Scott Zurn advised that the Board needed to consider the impact of the potentialparking lot to be built east of the Visitors' Center; the Town is waiting to hear on a grant application for the parking lot. Also there is a 50 foot setback requirement from the river —it would appear that this leaves 90% of the potential arboretum area available, Legacy Tree Program Rex discussed the program and ongoing problems with finalizing a proposed plan. Public Works would like to raise the fee to $400/tree; however, the public does not want to pay the increased fee unless a plaque or marker is used to designate the tree. There continues to be controversy about the markers, given maintenance issues and the concern about creating a "gravestone" kind of environment. Scott R. distributed photos of markers he observed at a Florida arboretum. Board members voted to continue work on the Legacy Tree Program. Arbor Day As Chair for this event, Sandy reported that her meeting with the new school principal Karen Glassman, and Jen and Mike was productive. May 18th is the preferred date. She plans to repeat last year's program, given its success. The program will include CSFS and RMNP speakers, tree plantings, and the tree cookie contest with prizes. She suggested two new additions: poster/calendar contest and the CSFS seedling program. Board members did not agree to fund the calendar contest. F er discussion about this and the seedling progr was was scheduled for the next meeting. Tree Sy posiu Mike is the chair and Rex the assis t for this progr. Date is May 9th at the Rocky Mountain Park 1 conference center. Board members discussed topics/speakers, tentatively agreed upon as: • General tree topic plus future forest health: Dave Leatherman is preferred speaker • Beetles: speaker TBD. Di. . to recommend. • Local plants and/or tree identification. Speaker TBD All agency panel regarding beetle tigation progr. s and results (speakers TBD) Fire ° igation (except title to be modified to be more appealing to audience (Sue Pi and others TBD). A vendor list is needed, as well as plan to contact each vendor for purposes of attendance at the Symposi The meeting was adjourned at 10:00 a.m. Submitted Janu. 20th, 2012, by Sandy B Memo To: � „III ' "u�l uu��u� I u mI�ImNlrm�unul mupmglll VIII��UIII((I��(I( uuuuuiiiiuul(�ml � �rIII II(IIIIIIIIIIIII I'i lli IIII it I1I 'il IV U II l muu IIIII f'1!'l gll� flliliilfii lilllliu�I, mmmil1lll111Mllllll(111111jJ1(GIIIIIIIIiiiiil1111ii111fIU�ll'qq NI I I d Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Jackie Williamson, Town Clerk Date: February 9, 2012 RE: Liquor Licensing: Transfer Of Ownership — From Rebecca Inc. dba Famous Eastside Food Store to Serina LLC dba Famous Eastside Food Store, 381 S. St. Vrain Avenue, 3.2% Beer Off -Premise Liquor License Background: Serina LLC dba Famous Eastside Food Store located at 381 S. St. Vrain Ave. is requesting a transfer of the 3.2% Off -Premise liquor license currently held by Rebecca Inc. dba Famous Eastside Food Store. The application was submitted to the Town Clerk's Office on December 13, 2012 and a temporary license was issued on December 13, 2012. Serina LLC has submitted all necessary paperwork and fees. The new owners are aware of the TIPS training requirement and will schedule necessary training for the employees. Budget: N/A Sample Motion: I move the Transfer Application filed by Serina LLC , doing business as Famous Eastside Food Store for a 3.2% Off -Premise License be approved/denied. Page 1 T • CL • • 0 F LI Will present the application and confirm the following: O The application was filed • ece ber 13, 2011 • LI • The Town has received all necessary fees and hearing costs. O The applicant is filing as a LLC O There is a police report with regard to the investigation • TI • tus of T.I.P. . Trainin X Unscheduled Scheduled of the applicants. Completed February 9, 2012 Move the Transfer Application filed by erena LLC , doing business as _ Fa ous as ide ro ries for a 3.2% approved/denied. • re ises License be Memo To: Honorable Mayor Pinkham Town Board of Trustees Interim Administrator Richardson 1111111111111111111111111111111111111111111111 111111, .. .., From: Bo Winslow, Fairgrounds and Events Manager Howell Wright, Rooftop Rodeo Committee President Date: February 14, 2012 RE: Rooftop Rodeo Classification as a Medium -Size Rodeo Background: The Pro Rodeo Cowboys Association (PRCA) is the governing body of professional rodeo. Professional rodeos are categorized as small, medium, large indoor, and large outdoor. The categories are defined by the size of the purse for which the athletes are competing (Small = $0 - $2,999; Medium = $3,000 - $9,999; and Large = $10,000+). The category system was jointly developed by the PRCA's rodeo committee and contract personnel executive councils. An unexpected consequence of the categorization of rodeos is the tremendous visibility and prestige within the industry gained by winning rodeo committees and their communities. To determine the correct category size for a rodeo, the total amount of committee - added money (in this case, budgeted money from the Town) is divided by the number of PRCA-sanctioned events. In 2011 the Rooftop Rodeo had seven sanctioned events and provided $23,600 in committee -added money (averaging $3,371 per event). This caused the PRCA to move the Rooftop Rodeo into the medium -size rodeo category. An additional PRCA policy states that. in order for a rodeo to be sanctioned, it must budget at least 17% of the previous year's ticket sales toward the current year's purse. For example (see chart below), 17% of the 2010 ticket sales of $137,000 ($23,290) must be budgeted as the purse for 2011. Since the 2011 purse budget was $23,600, the Rooftop Rodeo satisfied this PRCA policy. Year Ticket Sales 17% Town's Contribution 2010 $137,000 $23,290 $19,950 total, $2,850/event 2011 $148,000 $25,160 $23,600 total, avg. $3,371/event* 2012 (Proposed) $158,000 $26,860 $31,800 (proposed) total, avg. $4,543/ event** *The purse for the team roping event, which has two contestants, was doubled in 2011 to $5900. The purse size of each of the other six events was $2,950. **The 2012 team roping purse is proposed at $7,950; purse size of each of the other six events is proposed at $3,975 each. Advantages of remaining in the medium -size rodeo category: 1. Greater purse money attracts additional and higher -quality competitors. Competitors are the voting body for regional and national awards. 2. A community's ability to market itself in larger markets is significant. This is already happening as evidenced by the fact that two new national sponsors (Wrangler Clothing and Pendleton Spirits) have offered sponsorships to the Rooftop Rodeo. Their interest began after the Rooftop moved into the medium category. 3. Greater public relations opportunities are offered to medium -size rodeos. Since the Rooftop moved into the medium category it has embraced the following opportunities: a. Association of Rodeo Committees. The officers of the Rooftop Rodeo and the Town Liaison gave a presentation in Omaha, Nebraska, to the national conference of the Association of Rodeo Committees. This was by invitation and the audience was composed of representatives from markets across the United States and Canada. b. Colorado vs. the World. The Rooftop Rodeo was selected as a featured rodeo by this competition's organizers, which took place at the National Western Stock Show. A video and a news release were produced and distributed throughout the United States, Canada, and Australia. The Rooftop Rodeo was featured as a premiere rodeo. c. Ram National Circuit Finals. Rooftop Rodeo representatives have been asked to give a presentation at the Ram National Circuit Finals Rodeo and Conference in Oklahoma City in March, 2012. The audience will be rodeo committees from small and medium markets across the United States and Canada. As can be seen from the above examples, the Rooftop Rodeo has increased in stature and national recognition since it has moved into a larger category. This move has produced, and will continue to produce, marketing and public relations opportunities for the Town of Estes Park. Additional information 1. Stock contractor fees. The Town currently has a contract with Powder River Rodeo Productions to bring enough stock to supply animal athletes for a full contingent of competitors. The Rooftop Rodeo Committee has the expectation that its contractor will bring the highest quality animal athletes that are available, regardless of rodeo size. The annually -negotiated contract is based on prior years' number of contestants. Should a large increase in contestants be seen, additional costs will be incurred. In 2012, those costs are estimated to be $5,000 in stock fees. 2. Retracement of rodeo size. It will now be difficult to return to the category of a small -size rodeo because the Rooftop Rodeo's revenues are now at the medium - size level. The Rooftop would have to reduce the number of shows, cap attendance, or drop admission fees to cause retracement of revenues. 3. Increase of rodeo size. Our current capacity makes it mathematically impossible to qualify for a large -size rodeo, unless we were to dramatically increase seating, admission price, or number of shows 4. Comparison of purse monies of the top five medium -size rodeos: Rodeo Deadwood, SD 2011 Dates July 28-30 # of Events 8 Added Money/Avg. Per Event $51,250/$6,406 Ogden, UT Abilene, KS Estes Park, CO Gunnison, CO July 20-25 Aug. 4-6 July 12-17 July 14-16 7 7 7 7 $49,000/$7,000 $30,000/4,285 $23,600/$3,371 $21,000/$3,000 Attached is a 2009-2012 revenue/expense report for the Rooftop Rodeo, including information on both the Town and Western Heritage (formerly Top Hands, Inc.). 2012 Budget: The 2012 rodeo budget (line 222-5500-455-29-15) includes an additional expense of $8,200 in purse money, and a potential stock increase fee of $8,200. These two items increased the $23,600 2011 budget to $40,000 for 2012. Revenues are also expected to increase. To date, sponsorship revenue has increased $3,000 and an additional $3,000 is anticipated. A $10,000 increase in ticket sales (over 2011 actuals) is also budgeted. Thanks to Steve McFarland for his assistance with this memo. Staff Recommendation: Staff recommends that the Rooftop Rodeo remain a PRCA-designated medium -size rodeo for 2012. Sample Motion: I move for the approval/denial of keeping the Rooftop Rodeo a medium -size rodeo as designated by the PRCA. 2012 2012 2011 2011 2010 2010 2009 2009 Town of Estes (Budgeted) Western Heritage Budget (TBD) Town of Estes (YTD) Top Hands (Budgeted) Town of Estes (Year End) Top Hands (Budgeted) Town of Estes (Year ", End) Top Hands (Budgeted) Revenue Admissions $158,000 $146,877 $137,747 $109,565 Antique Show $10,538 $9,800 $8,900 Barrel Race $2,470 Behind Chutes Tour $2,660 $1,400 $200 $1,200 Dance $4,500 $4,438 $4,349 $3,649 Duck Fest $1,103 $500 $500 Feed $1,500 $1,273 $698 $553 Golf Tournament $6,787 $16,000 $13,000 Interest Earned $3 $50 $300 Other R & D Revenue Merchandise Sales $6,365 $3,000 $2,400 Misc. $150 $90 $1,355 $500 Parking $4,500 $4,424 $3,124 $3,870 $3,500 $3,871 $3,000 Program Sales $150 $9,868 $9,423 Rents $175 $0 $0 Sponsorship $28,000 $21,911 $19,659 $1,000 $21,461 Vendors $2,400 $1,689 $2,625 $810 Queens Program $1,500 $400 Revenue Total $199,050 $181,027 $34,549 $180,171 $35,650 $150,032 $29,300 Expenses Advertising $1,400 $3,422 $965 $1,230 $500 $2,372 Ambulance $2,000 $1,650 $1,875 $1,610 Announcer Rooms $979 Antique Show $3,801 $4,200 $3,900 Arena Signs Association of Rodeo Comm. $1,000 $1,042 $100 Barrel Racing Series $1,339 Behind the chutes $603 $300 $300 Capital Expenditure Fund $11,000 $3,000 Catering/Special Circumstances $1,100 $1,040 $744 $285 Committee $2,583 $2,000 $3,000 Dance $3,980 $1,700 $3,500 $500 $3,500 $500 Dodge Posters $300 $297 $248 $212 Donations $1,000 $3,600 $3,200 Drinks $589 $500 $500 Entertainment (Preshow) Equipment $150 $125 $50 $500 Equipment Rental $65 $65 $250 Facilities $94 Feed $8,500 $915 58,144 $4,994 Golf Tourney $9,936 $2,000 $9,000 Hardware $17 Hospitality $3,507 $5,000 $4,500 Insurance -Prop. and Liab. $2.000 $1,946 $1,940 $1,957 Janitorial $100 $75 Judges $2,700 $2,700 $2,700 $2,700 Legal & Accounting $1,218 Lumber/Paint $1,500 $149 $35 Maintenance Contracts $160 Marketing $550 Materials and Supplies $200 $68 $151 $122 Membership Dues/Subscriptions $1,250 $1,250 $1,350 ,$100 Merchandise $3,877 $2,000 $500 Miscellaneous $759 $300 $300 2012 2012 2011 2011 2010 2010 2009 2009 Town of Estes (Budgeted) Western Heritage Budget (TBD) Town of Estes (YTD) Top Hands (Budgeted) Town of Estes (Year End) Top Hands (Budgeted) Town of Estes (Year End) Top Hands (Budgeted) Miss Rodeo America $900 $900 Mountain States Cir. _ $884 $300 $42 $500 Mutton Busting / Calf Catch $700 $754 $611 $198 $100 Nick Mollet $1,500 $1,200 $1,000 $1,200 Office supplies $700 $601 $66 $371 $300 $741 $300 Parade $1,033 $1,000 $500 $500 _ Ponies/Wagon rides (Xmas) $900 $900 $900 Port -A -Pots PRCA Convention $4,700 $5,063 $5,589 $5,888 PRCA Dues $1,250 $1,250 $1,250 $1,250 Presidents Budget $300 Presidents Gift $150 $150 $150 Printing $250 $208 $139 $119 Programs $4,608 $5,834 Public Relations Purse $31,800 $23,600 $19,950 $18,900 Queens $2,300 $1,500 $1,602 $2,300 $500 $1,900 $400 Ride for Bucks $500 Road Signs $1,000 $631 $1,688 $400 $894 $150 Scoreboard/TV $6,000 $6,000 $4,000 .$3,000 $7,000 $1,840 Security $1,873 Shop Equipment $40 Specialty Days $1,128 Staff Salaries and Benefits $54,498 _ $52,129 $51,915 $42,929 Stock Contractor and other misc. $86,100 $79,124 $71,708 $64,323 Tickets $1,000 $1,918 $1,823 $874 Trophies/flags $350 $700 $334 $298 Utilities _ $5,094 _ $4,880 $4,800 $5,014 Repair and Maint. Fac. and Veh. $7,576 $7,847 $7,000 $7,185 Veterinarian $1,200 $1,241 $1,075 $1,075 Volunteer/Sponsor Banquet $3,600 _ $3,379 $3,313 $2,815 Website $207 $500 $500 WPRA $110 $120 $110 $100 Expense Total $235,523 $208,439 $40,372 $205,139 $45,000 $184,519 $34,350 Net Income/Loss ($36,473) ($27,412)I ($5,823) ($7,4,9bc) ($9,350) ($34,487) ($5,050) Attendance 13,489 11,642 10,773 Contestants 706 641 604 OF ESTES P Memo To: Honorable Mayor Pinkham Board of Trustees From: Lowell Richardson, Interim Town Administrator Date: 02/14/2012 RE: Rooftop Rodeo Reorganization Background: Members of the executive board of the Rooftop Rodeo committee met with staff and Town Board members individually to present their ideas for a reorganization of this volunteer group which provides support to the Town's Rooftop Rodeo. Currently the Rooftop Rodeo committee members are approved by the Town Board annually under authority of Town Ordinance, Title 2, Chapter 2.08.02. Special committees. In an effort to adopt best practices for a volunteer organization the Rooftop Rodeo committee's executive board initiated a series of changes. They have dissolved the non- profit arm of the Rooftop Rodeo committee organization formerly known as Top Hand Organization, Inc. and created a new non-profit organization known as the Estes Park Western Heritage, Inc. EPWH is proposing a new operating structure for its organization and at the same time is requesting to redefine its relationship with the Town of Estes Park. They are requesting to no longer operate as a special committee appointed by the Town Board instead they are requesting to operate as a "friends of" the Rooftop Rodeo, similar to the relationships the Town has with Senior Center, Inc., Friends of the Museum and the Ambassadors. Please find attached their new organizational chart to include the redefined working relationship with the Town of Estes Park (see attachments). Town staff has reviewed the proposal presented and supports the direction EPWH has selected. Staff believes this working relationship provides greater continuity of operations between the two organizations, increased efficiencies for operation of the Rodeo event, increased efficiencies regarding administrative functions between the two organizations and greater accountability of financial activities between the two organizations. Budget: n/a Staff Recommendation: Staff recommends approving Estes Park Western Heritage, Inc.'s request to discontinue the special committee appointment process by the Town Board and allow EPWH, Inc. to serve as a stand-alone volunteer entity that provides operational support to the Town of Estes Park's Rooftop Rodeo. Staff recommends development of a Memorandum of Understanding between the Town of Estes Park and the Estes Park Western Heritage, Inc. begin immediately. a ple otion: I move for the approval/denial of the Estes Park Western Heritage request to operate as a separate non-profit entity no longer serving as a special committee requiring appointment by the Town Board. Chapter 2.08 Committees 2.08.010 Committees. At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint three (3) Trustees to the following standing committees: community development, public safety, public works and utilities. (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010) 2.08.020 Special committees. Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to the approval of the Board of Trustees. (Ord. 26-88 §1(part), 1988; Ord. 10-10 §1, 2010) Chapter 2.12 ayor 2.12.010 Four-year te for ayor. A Mayor shall be elected to serve a four-year term. (Prior code §3.1-2; Ord. 6-72 §1(part), 1972; Ord. 15-97, 1997; Ord. 10-10 §1, 2010) 2.12.020 Duty to sign warrants or other instruments; facsimile signature. All w. ants or other instruments of payment drawn upon the Town shall be signed by the yor. The Mayor may execute, or cause to be executed, all such w • 4 ts or other instruments of payment with a facsimile signature in lieu of his or her manual signature upon his or her compliance with State statutes pertaining to facsimile signatures. (Prior code §3.1-5; Ord. 14-72 §1, 1972; Ord. 15-97, 1997; Ord. 10-10 §1, 2010) 2.12.030 Vote required. The Mayor shall have no vote upon any question except in the case of a tie vote. All ordinances and resolutions adopted authorizing the expenditure of money or the entering into a contract require the approval and si ture of the Mayor before they can become valid. (Prior code §4.8; Ord. 15-97, 1997; Ord. 10-10 §1, 2010) 2-3 Estes Park Western Heritage Executive Summary The Rooftop Rodeo is beginning its 86th year as a major attraction in Estes Park. It began as part of the Town's Fourth of July celebration and the newspapers of the day indicate it was indeed a major community celebration. In the 1940's a group of gentlemen formed the first Rooftop Rodeo Committee in order to provide structure and do the planning necessary to produce a successful rodeo. It appears the rodeo was always sponsored or supported by the Town but the exact date and circumstances of when and how the Committee became a "Town Appointed" committee are not known. This, of course, is a matter of historical interest but has little to do with the Rooftop Rodeo today. The rodeo has moved from being an event where wagons and Stanley Steamers were driven in a circle to form an arena to today where the award winning Rooftop Rodeo is known internationally as a premier rodeo significant enough to bring visitors from all over the United States and indeed the world. In 1993 an organization named Top Hand Organization, Inc. was formed to provide a bank account where money raised by the committee could be deposited for later use in the support of the needs of the Rooftop Rodeo. Recently, based on findings regarding its tax structure, it was determined that Top Hands needed to be dissolved. In its place, Estes Park Western Heritage, Inc. (EPWH) was created. The purpose of EPWH is to promote the western culture and preserve the western heritage of the Estes Valley by producing and supporting activities for the education and enjoyment of its residents and visitors. It has been designed as a "Friends" organization for the Rooftop Rodeo and the Rooftop Royalty Scholarship Fund. Its organization and function is very sirnilar to the Town's Senior Center and Museum friend's organizations and the National Parks friend's organization, the Rocky Mountain Nature Association. EPWH has been built from the ground up based on extensive research and conversations with experts and professionals, resulting in an organization based on best practices for both a non-profit corporation and a world class rodeo committee. Its structure creates a series of checks and balances that is bolstered by its transparency. It is recognized by the State of Colorado as a non-profit corporation and will soon have pending 501(c)(3) status with the IRS. Its Board of Directors has retained both legal and accounting professionals to guide the organization's development. They are also working with the University of Northern Colorado's Monfort College of Business and the Colorado Small Business Development Center in the creation of business and marketing plans. From the current Rooftop Rodeo Committee member's perspective there is little change. All subcommittees are still in place and all members still have the volunteer opportunities they have always had. From the Town's perspective, the only notable change is that EPWH will no longer be a "Town Appointed" Committee. The rodeo still belongs to the Town and is produced by Town staff. Staff will determine the personnel and funding needed to produce the rodeo as they always have. EPWH will be there to provide volunteers (boots on the ground) and money as Town staff identifies these needs. This move will help the Town fix its cost of putting on the Rodeo. The Town Events Manager owns the Town budget line; EPWH will expand its role in funding new projects by working hand in hand with the Town Events Manager. With improved fundraising, the budget of EPWH will increase as it contributes to the Rooftop Rodeo's future growth. EPWH believes that this move will allow it to raise more funds for the following reasons: • There are organizations and individuals that would rather work with a non-profit versus a local government, and these individuals will work with EPWH. There will be others who prefer to work directly with the Town, and these folks will work with Town Events Manager. EPWII has been developed with the same best practices used by successful startups. The creation of a Board of Directors, both elected and appointed, signals their commitment to structure, operational excellence, and compliancy. • They will have better control over administrative issues, eliminating the Town's need to be involved in daily operating, organizational, and personnel issues. In turn, this will help bolster investor confidence. Filename: ecutive Summary on Rooftop Rodeo Reorganization (FINAL) Directory: F: Template: C:\Documents and SettingslLowell Richardson\Application Data\Microsofffemplates\Normal.dotm Title: Subject: Author: Mark Ke ords: Comments: Creation Date: 2/3/2012 3:04:00 AM Change Number: Last Saved On: Last Saved By: Total Editing Time: Last Printed On: 12 2/7/20 III 2 12:43:00 PM Mark 25 Minutes 2/10/2012 1 I :21:00 AM As of Last Complete Printing Number of Pages: 1 Number of ords: Number of Characters: 663 (approx.) 3,783 (approx.) 1.4 Chairman of the Board of 4 Elected Directors A Vice President U 1 oB 00 on i b a bo 2 • y 0 0 0 L Public Relations J'Ann Wright Duck Race, Howell Wright Behind Chutes, Joy Barnett 5 Memo To: T• WN F ES FES Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Jackie Williamson, Town Clerk Date: February 9, 2012 10110001001)1,1101111111111111 RE: Ordinance #01-12 Publication of Ordinances by Title Only and Eliminating the Requirement that Payments of Bills and Statements Concerning Contracts and Rebates be Published. Background: As a statutory town, the Town of Estes Park is required to publish the full text of ordinances adopted by the Town Board including exhibits per C.R.S. §31-16-105 and a summary of the bills per C.R.S. §31-20-202. The Town Clerk's Office is responsible for the publication of ordinances and has budgeted $5,000 in 2012 for publication costs in account 101-1100-411-22-04. The Finance office publishes a summary of the bills at a budgeted cost of $1,773 in 2012 from account 101-1500-415-23-01. The state statute allows a municipality to eliminate the publishing requirements for ordinances at a regular or special election by publishing ordinances by title only rather than by publishing the ordinance in full. The same is true for the publication of bills as outlined in C.R.S. §31-20-202(1.5), and if the citizens elect not to publish the bills the Town may provide an alternative for distribution of the bills and contracts. After researching the statutes, it has come to the attention of staff the that Town has not been in full compliance with C.R.S. §31-20-202(1) which requires a statement be published for all awarded contracts and rebates allowed by the Town. The Town Clerk's Office will immediately address the issue and begin publishing such statements. If Ordinance #01-12 is passed by the Town Board and the electorate at the upcoming election in April the following will occur: (1) ordinances will be published by title in the local paper after Town Board adoption with the full text of the ordinance available on the Town Clerk's portion of the website; (2) bills are currently available on the Town's website in greater detail than is published in the newspaper and would continue to be available on the website; and (3) a statement concerning all contracts awarded and rebates allowed with a value greater than $30,000 per annum would be placed on the website. In addition, all contracts would continue to be available for review at the Town Clerk's Office. The purpose in proposing an ordinance at this time is to address the costs associated with the publications, and provide additional government functions online, thereby delivering information to the citizens efficiently and effectively through e-government. The two ballot questions are separate and passage or denial of one question does not affect the other question. ud. et: No additional cost would be realized because the questions would be added to the ballot already being produced for the April election. Sta - ecommendation: Staff recommends approval of Ordinance #01-12. Sample otion: I move to approve/deny the Ordinance #01-12. Page 2 Michie's Legal Resources Page 1 of 2 31-16-105. Record and publication of ordinances. All ordinances, as soon as may be after their adoption, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer of the governing body and the clerk. All ordinances of a general or permanent nature and those imposing any fine, penalty, or forfeiture, following adoption and, if required by ordinance adopted pursuant to section 31-4-102 (3) or 31-4-302, compliance with the provisions of section 31-16-104, shall be published in some newspaper published within the limits of the city or town or, if there are none, in some newspaper of general circulation in the city or town. It is a sufficient defense to any suit or prosecution for such fine, penalty, or forfeiture to show that no publication was made. If there is no newspaper published or having a general circulation within the limits of the city or town, then, upon a resolution being passed by the governing body to that effect, ordinances may be published by posting copies thereof in three public places within the limits of the city or town, to be designated by the governing body. Except for ordinances calling for special elections or necessary to the immediate preservation of the public health or safety and containing the reasons making the same necessary in a separate section, such ordinances shall not take effect and be in force before thirty days after they have been so published. The excepted ordinances shall take effect upon adoption and, if required by ordinance adopted pursuant to section 31-4-102 (3) or 31-4-302, compliance with the provisions of section 31-16-104 if they are adopted by an affirmative vote of three - fourths of the members of the governing body of the city or town. The book of ordinances provided for in this section shall be taken and considered in all courts of this state as prima facie evidence that such ordinances have been published as provided by law. Any municipality may determine at a regular or special election to meet the requirements of this section and section 31-16-106 by publishing ordinances by title only rather than by publishing the ordinance in full. No municipality shall can a special election for the sole purpose of determining the issue of whether the municipality should publish new ordinances in full or by title only. Source: L. 75: Entire title R&RE, p. 1123, § 1, effective July 1. L. 81: Entire section amended, p. 1496, § 10, effective May 28. L. 92: Entire section amended, p. 1053, § 3, effective January 1, 1993. Editor's note: This section is similar to former § 31-12-305 as it existed prior to 1975. ANNOTATION Law reviews. For article, "Adoption by Reference in Municipal Ordinances", see 22 Rocky Mt. L. Rev. 69 (1949). For article, "Publication of Legal Notices by Colorado Municipalities", see 22 Colo. Law. 59 (1993). Annotator's note. Since 31-16-105 is similar to former § 31-12-305 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section. If a party litigant raised the objection that the ordinance has been changed, the burden is upon him to prove it, and such proof requires more than merely casting a doubt or suspicion upon the validity of the ordinance. Handler v. City & County of Denver, 102 Colo. 53, 77 P.2d 132 (1938). This section was intended to provide a convenient method of proving the fact that an ordinance had been published as required by law, and not for the purpose of making the book of ordinances the only and exclusive evidence of such fact. LaFitte v. City of Ft. Collins, 42 Colo. 293, 93 P. 1098 (1908). This section does not require the signature of the mayor, or the attestation of the clerk, to give effect to the ordinance, but only requires that the ordinance, as soon as may be after its passage, shall be recorded in a http://www.michie.com/colorado/lpext.dll/cocode/1 /503 7e/51599/5192c/51944/51978?f—t... 2/10/2012 Michie's Legal Resources Page 2 of 2 book, etc., and be authenticated by the signature of the presiding officer, etc., thus clearly implying that the signature is not essential to the passing of the ordinance, but is merely for the purpose of evidencing its authentication, because apparently the signing is after the recording, and the recording is only to occur as soon as may be after the passage. Nat'l Bank of Commerce v. Town of Granada, 41 F. 87 (8th Cir. 1891). All bylaws of a general or permanent nature had to be published as required by this section. Nat'l Bank of Commerce v. Town of Granada, 48 F. 278 (8th Cir. 1891). This section is mandatory and an ordinance without the requisite publication is a nullity, and consequently of no force or validity. Nat'l Bank of Commerce v. Town of Granada, 48 F. 278 (8th Cir. 1891). Publication or posting of ordinances is an essential condition precedent to their validity. People ex rel. Town of Wray v. Grant, 48 Colo. 156, 111 P. 69 (1910). Conviction based on unpublished ordinance. Where an ordinance declared the keeping for sale of any intoxicating liquors a nuisance, and that the same "may be abated as any other nuisance", but the provision quoted was never published, it was held that such provision never became of force, and a judgment convicting the accused party of maintaining a nuisance, and directing the abatement of such nuisance, is no justification for acts done pursuant thereto. Wolfe v. Abbott, 54 Colo. 531, 131 P. 386 (1913). This section is not mandatory as to the manner of proving the publication of an ordinance. LaFitte v. City of Ft. Collins, 42 Colo. 293, 93 P. 1098 (1908). The recital in and certificate to bonds, stating full compliance with all preliminary requirements, estops the issuer of the bonds from subsequently denying that the ordinance authorizing the bond purchase was duly published. Hayden v. Town of Aurora, 57 Colo. 389 (1914). Prima facie evidence of legal publication. This section makes the record of an ordinance in the "book of ordinances" to be kept for that purpose prima facie evidence of its lawful publication and in view of this fact, courts ought not to permit this salutary presumption of regularity to be overcome by anything less that substantial proof of irregularity. Town of Fletcher v. Hickman, 165 F. 403 (8th Cir. 1908). http://wvvw.rnichie.corn/colorado/lpext.d11/cocode/1/5037e/51599/5192c/51944/51978?f—t... 2/10/2012 Michie's Legal Resources Page 1 of 1 31-20-202. Publication - penalty. (1) It is the duty of the governing body of each city and town, except cities over ten thousand population, those operating under special charters, and those which have determined by election pursuant to subsection (1.5) of this section not to publish, to publish such of their proceedings as relate to the payment of bills, stating for what the same are allowed, the name of the person to whom allowed, and to whom paid. They shall also publish a statement concerning all contracts awarded and rebates allowed. (1.5) Any city or town subject to this section may determine at a regular or special election not to publish their proceedings relating to payment of bills and statements concerning their contracts. However, no city or town shall call a special election for the sole purpose of determining whether the city or town shall publish their proceedings relating to payment of bills and statements concerning their contracts. Any city or town whose citizens elect not to publish may provide an alternative for distribution of the information. (2) Such publication shall be made within twenty days after the adjournment of each regular or special meeting in a newspaper of general circulation published in the city or town where such meeting is held. If there is no reliable newspaper published within said city or town, said publication shall be made in some newspaper of general circulation nearest to said city or town within the county and the clerk shall furnish copy of such proceedings for publication. (3) Any mayor, member of the governing body, or clerk who fails or refuses to make such publication shall be subject to a fine of not less than twenty-five dollars nor more than three hundred dollars and the costs of the suit for each offense; except that these penalties do not apply to the officials of any city or town which has elected pursuant to subsection (1.5) of this section not to make such publication. Source: L. 75: Entire title R&RE, p. 1129, § 1, effective July 1. L. 94: (1) and (3) amended and (1.5) added, p. 1054, § 4, effective January 1, 1993. Editor's note: This section is similar to former §§ 31-20-201, to 31-20-204 as they existed prior to 1975. Cross references: For duty of towns and cities to have an annual audit, see part 6 of article 1 of title 29. http://www.michie.comicolorado/lpext.dlUcocode/1/5037e/51599/51 al e/51aac/51aba?f=te... 2/10/2012 ORDINANCE NO. 01-12 AN ORDINANCE SUBMITTING TO THE VOTERS THE ISSUE OF WHETHER TO PERMIT THE PUBLICATION OF ORDINANCES BY TITLE ONLY, AND THE ISSUE OF ELIMINATING THE REQUIREMENT THAT PAYMENTS OF BILLS AND STATEMENTS CONCERNING CONTRACTS AND REBATES BE PUBLISHED WHEREAS, Section 31-16-105 C.R.S. requires the Town to publish adopted ordinances in full; and WHEREAS, Section 31-16-105 C.R.S. also provides that ordinances may be published by title only upon the approval by the Town's electorate at a regular or special election; and WHEREAS, Section 31-20-202 C.R.S. requires that the Town publish its proceedings related to the payment of bills and publish a statement concerning all contracts awarded and rebates allowed; and WHEREAS, Section 31-20-202 (1.5) C.R.S. provides that the requirement of publication of the proceedings related to the payment of bills and a statement concerning all contracts awarded and rebates allowed is not required if approved by the electorate of the Town at a regular or special election; and WHEREAS, the approval of a ballot issue by the electorate to allow the Town to publish only the title of all ordinances will substantially reduce the costs and expenses of publication of ordinances in full; and WHEREAS, the approval of a ballot issue not requiring the publication of proceedings related to payment of bills and statements concerning all contracts awarded and rebates allowed will reduce publishing costs and expenses to the Town; and WHEREAS, the Board of Trustees deems it appropriate to submit these two issues to the electorate of the Town at the regular municipal election on April 3, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: . At the regular municipal election of April 3, 2012, the following questions shall be submitted to the voters: 1 Question #1: "Shall the Town of Estes Park, Colorado, be authorized to publish ordinances by title only rather than publishing each ordinance in full in accordance with Section 31-16-105 C.R.S.?" Question #2: "Shall the Town of Estes Park, Colorado, not publish proceedings relating to payment of bills and statements concerning all contracts awarded and rebates allowed in a . • rdance with Section 31-20-202 (1.5) C.R.S.?" YES NO YES NO 2. If Question #1 is approved, the Town shall post all adopted ordinances in full on the Town's website. 3. If Question #2 is approved, all Town bills shall be published on the Town's website and a list of all contracts awarded and rebates approved by the Town involving the expenditure of more than thirty thousand dollars ($30,000) per annum shall be posted on the Town's website. Colorado this PT • by the ::.oard of Trustees of the Town of Estes Park, day of , 2012. TO OF ESTES PARK ayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the .:oard of Trustees on the day of , 2012 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 2012. Town Clerk 2 Memo To: pAlla IIIIYIPIiiluuulllllll' mmml °,,Ills „, IIIIIV glpuiii r;l I m IIIdI�P�'��IIlmmur i11��ililili�r l i ��11inm �ml lllll�llllllllllllllllll Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson Illumllll+,,!:: From: Steve McFarland — Finance Officer Date: February 14, 2012 RE: Resolution #03-12 Re -appropriation of 2011 encumbered funds into 2012 Budget Background: Certain Town departments have entered into contracts for goods and/or services that were not fulfilled by year-end December 31, 2011. When this occurs, it becomes necessary to "roll over expenditures from one year to the next, because in governmental accounting, expenditures are not recognized until they are incurred/received. In essence, the budgeted amounts of the rollovers are lifted from the current budget year and placed into the next budget year. Fund balance is not affected — the expenditures are merely moved. It is staffs intention to keep rollovers to a minimum, but projects are often affected by weather, and by availability of product/contractor. Budget: Staff successfully managed General Fund expenditures, relative to revenues, in 2011. Specifically, the original 2011 Budget reported a net income/(loss) of-$515,379. Through revenue and expense management, this was reduced to an end -of -year forecast (at the time of the 2012 Budget approval) of -$216,494. Staff recognizes the economic situation facing Estes Park, Colorado and the Nation, and seeks to increase fund balances where prudent. At the same time, staff endeavors to utilize funds to the long-term strategic advantage of the Town. The following chart reports the evolution of the 2011 financial picture for the General Fund. Page 1 Memo Beg Fund Bal Revenues Expenditures Net End Fund Bal TOWN OF 2011 PERFORMANCE Original Revised Budget Budget $4,248,522 $4,248,522 10,981,073 11,240,161 11,496,452 11,456,655 (515,379) (216,494) $3,733,143 $4,032,028 32% 35% Estimated Actual* $4,248,522 11,359,164 10,662,214 696,950 $4,945,472 46% ST.ES PARIc. `Estimated actual column includes forecasted December sales tax. Potential 2011 rollovers are also included in expenditures. The dramatic decrease in the 2011 Estimated Actual expenditures is due in large part to unspent (approximately $310,000) STIP budgeted expenditures. Rollovers require a project be in progress, and that a resulting purchase order be attached. The STIP allocation was not in progress, so the unspent balance will return to fund balance. It is expected that Staff will request these returned funds be appropriated during the course of 2012 for STIP usage. Attached is the list of those encumbrances that remain outstanding at the end of 2011. There are 31 rollover items totaling $544,965. The number and amount of purchase orders Staff is asking to roll over is at an all-time low. As a frame of reference, there were 55 rollovers for 2010-11, totaling $1,939,668. Larger item rollovers include: Page 2 10 OF E A 1. NEPA Study-P.O. (28992) totaling $214,193. 2. Infrastructure -related P.O.s (28282, 28608, 28803, 28909, 28991, 29012, 29072, 29090, 29091, 29092, 29097) totaling $79,220. 3. Vehicle replacement — related P.O.s (28910, 28911, 28912, 28993, 28994) totaling $150,050. These three areas account for 81 % of the rollover requests. to eco en • ation: Staff recommends approval of the proposed 2011 rollovers into the 2012 budget. a ple otion: I move to approve Resolution #03-12, which re -appropriates the 2011 encumbered funds into the 2012 • udget. Page 3 RESOLUTION NO. #03-12 A RESOLUTION RE -APPROPRIATING FUNDS ENCUMBERED IN THE TOWN OF ESTES PARK'S 2011 BUDGET TO THE 2012 BUDGET YEAR WHEREAS, the Town of Estes Park's accounting system incorporates a purchase order system that encumbers the budget appropriation when commitments for the purchase of goods or services are made; and WHEREAS, encumbrances that were not liquidated in the fiscal year ended December 31, 2011, are reserved from the ending fund balances; and WHEREAS, the Town of Estes Park intends to appropriate funds in the budget for the fiscal year ending December 31, 2012, to satisfy the commitments for the outstanding encumbrances. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: The following 2012 budgets are increased for appropriations for outstanding 2011 budget encumbrances. 2011 2012 2012 2012 ENCUMBRANCE 0&M TRANSFERS REVISED FUND (PO Rollovers) EXPENSES OUT BUDGET General $91,328.00 $9,734,280.00 $2,252,364.00 $12,077,972.00 Community Reinvestment 253,270.10 790,000.00 0.00 1,043,270.10 Light & Power 25,351.78 12,657,312.00 1,150,696.00 13,833,359.78 Water 23,673.45 3,525,265.00 145,542.00 3,694,480.45 IT 1,292.16 473,700.00 6,679.00 481,671.16 Vehicle Replacement 150,049.86 476,500.00 0.00 626,549.86 $544,965.35 $28,259,584.00 $3,555,281.00 $32,359,830.35 II. The ending fund balance from the fiscal year ended December 31, 2011, will be the source of funds for the budget amendments. ADOPTED this 14th day of February, 2012. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 2U111Z MUMS 0 tea aw .9 9 00 90 at 0 " at 90 of en 0 0 9 0 9ree 0y 4Rt IFM 8 h Pa1 .4: aN 0 ae1 r tat 0 0 d 8 0 8 0 toe 0 8 0 Aa9 8 8 M 90 8 0 88 atLei 08 aN 6,1 0 aN 8 are 0 o 0 0 0 r0 aN 0 an 0 8 ere 0 Aau hal aN 0 ad Y 01 0 - aN 90 0 a�P 00 05 0 +N aN 'ta 0 0. 0 re. 8 pti 0 8 8.8 8 8 8 8 0 8 8 r 8 0 0 0 0 0 0 O 0$ o c:n 0 it cb o® ar cu g o ci 0 0 0 r': arera ere 4&1 to. 9a? :5 SS E rot Pa 0t 901 ;rA 0 PN 0,00 ad. 2 j 8 9�"A OJ 0 ..1 0 90 VD d. D 12 0 1A -1 68 :..D .:.8 .0 0 IAA Z U Z al n IW K8 —a ...N - ...A Z 8C I.., a py... > CA 0 r'r ItYL i CA.. "^' (') 08 "ro'".. .A.: 4L Y w & IS' re 3 ::L: 0 OUP � ccnnx a a. a. 7 rce^ b, 5 ?r' .7 6 2 8 47 nil ume a e� .3 0 0 r 0 2 eo•-' rx: _a 9 P3..b °8�p ':'A �„", c 0 % 8 PIP Z LI-0 60.1 % .8 8 ... wr°.. 0 3 5 5 0 h0.1 IA.. h WL Vr Pbb 50 0 m 0" al an CO AL x CO 0 O 8 L0 4 Q®�yy �0@y 011 a��t99 IA1 8 CaAp 1 1 88 8 8 a918 8 8 ✓Y 0 0b 8 0 C 0 0 0 0 0 0 an an eN 0 ate 0 0 r5 CS 0 0 0 0 0 8 "" MA cN P'+0 &b 8 8 8 5" W 8 trt ,Sp 0 0 W M 8 0 vH PdY ea' 8 0 an 0 0 0 00 0 f00.4 0 O eri 000 0q�y CO an CO no 0 0 �. $Q, ct Ah x4 P39 CO 0 0 w9 a+) ePD 88 Its an an w! 1A9 0 ..0 8 a ro Fz, gam+ ib5 sR ta. ij z zUULSUz la 7 8 :4- f9b, 4/1 4✓4 0 z" 0 z 0 .a`e tat 5c s 0. 0 0 apb 8 MVO 2 2 "ac" ti- 2 mr 0 0 p va. PN 0 - aN wP 0 0 an tat 0 09 09'. 09 CO 0 p0ryy af1 W 40 + 000000. v6 w6 4 a0 W 01 9 9 09 C% EP9 P.IR 09 9 at 01' 0 04 0 ¢n a$ Pal 419 0 9D 0P x0-r 8 0 .01 8 c89 8 8 8 84 r8N 8 a an! 0 8 N W 8 cO 0 an en Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson .',S .W... `.d From: Steve McFarland — Finance Officer Date: February 14, 2012 RE: Resolution #04-12 GASB Statement No. 54 Fund balance reporting requirements Background: The Governmental Accounting Standards Board (GASB) issued Statement No. 54 in February 2009, to be implemented by December 31, 2011. The enactment of GASB 54, Fund Balance Reporting and Governmental Fund Type Definitions, substantially altered the categories and terminology used to describe fund balance components. The new categories and terminology reflect an approach that will focus, not on financial resources available for appropriation, but on '`the extent to which the government is bound to honor constraints on the specific purposes for which the amounts in the fund can be spent." (GASB #54, paragraph 5). A few highlights: 1. GASB 54 applies only to "Governmental Funds", which include the General Fund and Special Revenue Funds (Community Reinvestment, Conservation Trust, Open Space, and Community Services). It does not apply to the Internal Service or Enterprise (utility) Funds. 2. The two existing fund balance components are/were "restricted" and "non- restricted". The five new fund components, described briefly, are: a. "Non -spendable" — amounts that cannot be spent because they are either not in spendable form, or legally or contractually are required to remain intact. Example: inventories, prepaid items. b. "Restricted" — amounts that are restricted to specific purposes. The spending constraints placed on fund balance use are externally imposed by creditors, grantors, contributors, laws/regulations of other governments, or imposed by flaw through constitutional provisions or enabling legislation that are legally enforceable. Page I Memo N OF N N NR�u1i c. "Committed" — amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the Town Board either by resolution or ordinance. This classification also incorporates contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. d. "Assigned" — amounts that are constrained by the Town's intent to be used for specific purposes, but are neither restricted nor committed. Intent is expressed by Town Board through an informal action or Board can delegate the authority to express intent to a committee, Town Administrator, or other Town official on a case by case basis. e. "Unassigned" — the remaining fund balance after amounts are set aside for the other classifications. 3. The Town is required to assign and designate these new fund balance types for each Governmental Fund based on the intended use of such resources. While the Town Administrator (TA) is usually designated by the Board to be responsible for this task, the recommendations for said fund balance assignments will likely be produced by a combination of the Finance Officer and the Audit Committee, with assistance from the Auditors. Therefore, from a practicality standpoint, the TA will usually designate this responsibility to the Finance Officer (thus the reference in the Resolution to the TA's "designee"). 4. A final point of clarification: the requested designation does NOT give staff authority to commit any funds not already committed by the Town Board or in the Budget. It merely allows staff the ability to sort through and categorize what is already committed. The new fund balance assignments will first appear in the Town's 2011 Comprehensive Annual Financial Report (CAFR). At present, the only potential items identified by the Auditors that might require designation other than "unassigned" would be the formal commitment via the MOU with SOPA, and perhaps the intention of committing $200,000/year for the future Museum storage facility. Both of these potential assignments affect only the Community Reinvestment Fund. Budget impact: N/A Page 2 N OF eco en •ration: Staff recommends adoption of •'resolution 04-12, which designates fund assignment (as defined by GAS• 54) authority to the Town Administrator or his designee. a ple otion: I move to approve esolution 04-12, which designates fund assignment (as defined by AS 54) authority to the Town Administrator or his designee. Page 3 RESOLUTION NO. 04-12 A RESOLUTION AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO DESIGNATE THE ASSIGNED PORTION OF ALL GOVERNMENTAL FUND BALANCES FOR THE TOWN FINANCIAL STATEMENTS FOR 2011 AND SUBSEQUENT YEARS WHEREAS, the Governmental Accounting Standards Board (GASB) has adopted Statement No. 54 (GASB 54), Fund Balance Reporting and Governmental Fund Type Definitions, that is effective for fiscal year 2011, and WHEREAS, the Town of Estes Park, CO, wishes to comply with GASB 54 as required beginning with the fiscal year January 1 — December 31, 2011, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: the Town of Estes Park Board of Trustees authorize the Town Administrator, or their designee, to assign fund balances consistent with the adopted budget within Governmental Funds for fiscal year 2011 and subsequent years. ADOPTED this 14th day of February, 2012. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Memo To: rt iiilu��gjlgqfii Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson ES . uquti00l °i hi 0000 000000000001111110000000.01 1111111111111111111111111111111111111 From: Scott A. Zurn, PE, CFM, Public Works Director Date: February 14, 2012 RE: Change Order for Steamer Drive Overlay Consulting Services with The Engineering Company Background: Town staff has negotiated a scope and fee with The Engineering Company for design, specifications and construction management services for the Steamer Drive Overlay Project. This project anticipates that the installation of a box culvert along Devils Gulch Road will route traffic down Black Canyon Drive and Steamer Drive. Resurfacing of this roadway is expected to be needed to compensate the additional traffic. The scope for this effort includes a redesign of the Steamer Driver/Big Thompson Avenue intersection just east of the Safeway Fueling Facility north to the Safeway business entrance. If approved, the design effort will begin in February and complete Final Construction Documents in March. By moving forward with the project now, staff will be able to combine the Virginia Drive Rehabilitation Project with this Steamer Drive Overlay project and create one larger construction contract that will increase interest, possibly reducing costs and increase bid competition among contractors. Budget: The negotiated fee with The Engineering Company is $23,337. This total does include construction management services. With a 10% contingency, our budget for the Steamer Overlay Project is $25,670.70. This change order will increase the consultant's original fee of $67,627.00, which was approved by the Town Board on January 10, 2012 for the Virginia Rehabilitation Project. The total combined fee for both projects will increase to $90,964.00. In addition to the original board -approved budget of $75,000.00 for the Virginia Rehabilitation Project, the total combined budget for these projects with the 10% contingency fee will increase to $100,670.70. Page 1 t eco endation: Public Works recommends initiating a design and construction management contract with The Engineering Company to develop contract documents for the Steamer Drive Overlay Project. a ple otion: move for the a proval/ enial of the Change Order for Steamer Drive Overlay Consulting Services with The Engineering Company. vt i T. n itt ►�r s-«u r L •I .� s• t lc istrlt r, t • i c. •f lc t. ..sirt' t.I F ..II c.s r rs. *(From February 14, 2012 Town :oard eetin, Action item #5, memo re: AS, 54 and Resolution 04-12) To: Honorable Mayor Bill Pinkham Estes Park Board of Trustees From: Johanna Darden 501 MacGregor Ave. Estes Park, CO Notices were adhered to the doors of residences which are considered neighbors of the Elkhorn Lodge property announcing meetings with the Elkhorn Project, Inc. I invited myself to the two meetings which were held on January 31 and February 1 at the US Bank Hix room. I was told Mayor Pinkham and the Estes Park Board of Trustees were invited, but none attended. I was there as an observer, but I would like to bring attention to some of the issues discussed. Neighbors were concerned about their privacy, noise, and property values and they wanted to know just what would be done to the property, when and how it would be done. Overall, the neighbors were not happy that an all - season modern adventure area would be created on the Elkhorn property. Some of the neighbors could deal with some of the changes, but the overall feeling I got was they would prefer the project not be funded. When the question was asked if employees would live on the property, the response was that this would most likely be determined by the Estes Valley Planning Commission. The neighbors were told that if the Elkhorn Project were to house employees, they would probably build something at the far south east corner of the property. They would do this because they said these people would be young and would probably party and drink and they could not house them where guests would be staying. That brings one to the realization that jobs which would pay enough for someone to support a family would be few. It would probably bring an unwanted lifestyle to town, such as families in Breckinridge and other ski towns are opposed to. Neighbors were concerned about cars parking in the neighborhood creating a problem. The Elkhorn Project would try to make it easier for residents near James Street, but admitted residents would need to deal with this. The neighbors were concerned about noise. They were told 80 decibals is the allowable town limit, and they would need to deal with the town if there was a violation of code. They were not happy about that, because the town doesn't do much with this type of code violation. If SOPA decides they would like to receive $4M from EPI for the Estes Park Performing Arts Center to be on the property if the State selects them for RTA funding, then the EPPAC will not look like the design we have all been shown. It will be downsized and the outside appearance will fit in more with the Elkhorn property. These are just a few of the concerns expressed. Please enter this into the Public Record. Febru Bo To P.O. Estes De 14, rd of T tees f Estes Park OX 1200 ark, CO 8 517 r B a d ofT ees: e have benefits it off orked t nf rrn our peers about the Elkh rs the youth f Estes P rk. It is impo rn Project and the nt to letyou ow there is a large group of Estes P. rk youth ho are excited about this project! We have collected the attached signatures support for the EJkh.rn roject fr Estes Park gh School students. We are h pefiul this p it mov. -o ard, mketh.EllonPr High Sch Sincerely, Biz Palmer Kenna Bell Ali Schei Ellie Ciezczak F oj ct succeed nd will contin e to d ia e can to PLease let us know -low we can tssist the T. n to ct a realityYou may contact us through Estes Park Lanie Clark Dylan Jirsa Alli Smith B. Iley 1ores Becky Reil Estes Park Youth Statement of Support for t le Elkhorn Prrsject We, the youth of Estes Park, supp*rt development of the Elkhorn Project. The Elkhorn Project offers opportunity for us to participate locally and year round in outdoor recreation on the proposed ski and snowboard slope, the snow tubing area, the ropes course, zip line and alpine coaster. The project will also provide more employment opportunities for us. Name - Please Print Leath, C\s,‘ \ K,\ 3.(71uLo c:)04 INAti‘titiL-Tailgt -0 t r • r • r e, the youth of Estes Park, support develop ent of the Elkhorn Project. The Elkhorn Project o ers opportunity for us to participate locally and year round in outdoor recreation on the proposed ski and snowboard slope, the sno tubing area, the ropes course, zip line and alpine coaster. The proje ill also provide ore employ ent opportunities for us. Name — Please Print Lealblv Cne \e' t/5"10 fr-14 r r e, the youth of Estes Park, support development of the Elkhorn Project. The Elkhorn Project o ers opportunity for us to participate locally and year round in outdoor recreation on the proposed ski and sno board slope, the snow tubing area, the ropes course, zip line and alpine coaster. The project ill also provide ore a ploy ent opportunities for us. Tc ?\h ;AJ C.iovvL. c,..t1r aes\a\1 coy 10 ZCi&A E is P r Y ut St 41t m nt f%lu 3 3»"/It r t re Elk °° J r r roject We, the youth f Estes Park, support development f the IEikhorn Project The Ellkh rrn Project offers opportunity for us to participate locally and year round in utdoor recreati othe proposed ski and sn board slope, the snotubiia�t area, the ropes course, zip line and al iine coaster. Ile project also pro vide more employment .pportunities for us. Name — Please Print Legibly 81") \)e\ GAR C t4 i t`ic&'nv; iL Jew 3e5cAcL 5 7P`LQ 9'M �-,fiAryk'`.