HomeMy WebLinkAboutPACKET Town Board 2016-09-27The Mission of the Town of Estes Park is to provide high‐quality, reliable
services for the benefit of our citizens, guests, and employees, while
being good stewards of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town
services, programs, and activities and special communication arrangements for persons
with disabilities. Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, September 27, 2016
7:00 p.m.
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.
Policy 3.8 Governance Report.
Pikas in the Park Proposal.
1. CONSENT AGENDA:
1. Town Board Minutes dated September 13, 2016 and Town Board Study Session
September 13, 2016.
2. Bills.
3.Committee Minutes:
A. Public Safety, Utilities and Public Works Committee, September 8, 2016.
Prepared 9/16/16
* Revised: 09/23/16
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
1. Revised Invision GIS Expenditure Limit, $465,000 - unbudgeted.
4. Estes Valley Planning Commission Minutes dated August 16, 2016
(acknowledgement only).
5. Transportation Advisory Board Minutes dated August 17, 2016 and Special Meeting
dated September 7, 2016 (acknowledgement only).
6. Parks Advisory Board Minutes dated August 19, 2016 (acknowledgement only).
7. Acceptance of Policy Governance Compliance Report.
2. LIQUOR ITEMS:
1.TRANSFER OF OWNERSHIP FROM TAYLOR LEGG LLC DBA FAJITA RITA’S TO
LONGS PEAK INC. DBA FAJITA RITA’S 1560 BIG THOMPSON AVENUE, HOTEL
& RESTAURANT LIQUOR LICENSE. Town Clerk Williamson.
3. ACTION ITEMS:
1.DOWNTOWN PLAN CONSULTANT CONTRACT APPROVAL. Senior Planner
Chilcott.
2.BROADBAND ENGINEERING DESIGN CONTRACT AND ASSOCIATED
REVENUE AND EXPENSES. Director Bergsten & Manager Fraundorf.
3.TRANSIT FACILITY PARKING STRUCTURE CONTRACTS. Director Muhonen.
a. Construction Manager / General Contractor Contract Approval.
b. Independent Cost Estimator Contract Approval.
c. Project Management Change Order Approval.
4.INTERGOVERNMENTAL AGREEMENT FOR FUNDING I-25 IMPROVEMENTS.
Town Administrator Lancaster.
5.FPPA RETIREMENT PLAN OPTION FOR THE SWORN POLICE OFFICERS.
Director Williamson – Item delayed, moved to October 11, 2016 meeting.
6.INTERVIEW COMMITTEE FOR THE LOCAL MARKETING DISTRICT (LMD)
APPOINTMENT. Town Clerk Williamson.
4.ADJOURN.
*
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TOWN ADMINISTRATOR
Frank Lancaster
Town Administrator
970.577.3705
flancaster@estes.org
MEMORANDUM
DATE: September 27, 2016
TO: Board of Trustees
FROM: Frank Lancaster, Town Administrator
SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS
(QUARTERLY MONITORING REPORT POLICY 3.8)
Board Policy 2.3 designates specific reporting requirements for me to provide
information to the Board.
Reporting on Policy 3.8 Compensation and Benefits is required in September of each
year.
Policy 3.8 states: “With respect to employment, compensation, and benefits to
employees, consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity.”
This report constitutes my assurance that, as reasonably interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
________________________
Frank Lancaster
Town Administrator
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3.8.1. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not change his or her own
compensation and benefits.
Interpretation – I interpret this to mean that I cannot take any action that will result in
a financial benefit to me personally, including modifying my benefits, leave provisions or
compensation in any way that is not defined in my employment agreement or specifically
approved by the Board.
Compliance with the policy will be achieved when:
All my compensation and benefits remain as approved by the Board either in my
employment agreement or by specific action of the Board.
Evidence:
1.The adopted budget and the CAFR document that I have not taken any action to
change my compensation or benefits.
Report: I report compliance
3.8.2. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not promise or imply permanent or
guaranteed employment.
Interpretation – I interpret this to mean that I cannot may any statements to current or
potential employees that they can be assured of guaranteed employment with the Town of
Estes Park.
Compliance with the policy will be achieved when:
I did not make any comments, verbally or in writing to any employee that can be
construed as implying permanent or guaranteed employment.
Evidence:
1.Since this is a requirement NOT to do something, the evidence would be for non-
compliance, or when an employee alleges such a promise was made, or during the
disciplinary process, an employee alleges that such a promise has been made. No
such allegations have been raised with myself, HR or with the Board.
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Report: I report compliance
3.8.3. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not establish current compensation
and benefits which deviate materially for the regional or professional market
for the skills employed:
Interpretation – I interpret this to mean we regularly compare our compensation and
benefits to the regional market. That market has been defined in Policy 301 as adopted by
the Board. The specifics of the market comparison process is defined in Policy 301.
Compliance with the policy will be achieved when:
I insure we fully comply the procedures and steps outlined in the Board adopted Policy
301 regarding Classification and Compensation
Evidence:
1.The compensation study, as prepared by the Town Compensation Consultant
under the supervision of the HR staff.
2.Published Compensation schedules and Classification plan which is congruent with
the results of the annual Compensation Study.
3.Specifics of the compensation model and most recent study are available for
inspection upon request.
Report: The only exception is our lack of provision of spousal health insurance, which
is a significant deviation from benefits provided in the regional market. I am therefore
reporting partial compliance.
3.8.4. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not establish deferred or long-term
compensation and benefits.
Interpretation – I interpret this to mean I cannot take any actions that would change
any deferred or other long-term compensation for any employees without Board
approval.
Compliance with the policy will be achieved when:
There have been no changes to anyone’s differed or long-term compensation or benefits
without Board approval.
Evidence:
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1.The adopted budget and the CAFR document that I have not taken any action to
change any long term compensation or benefits without the prior approval of the
board.
Report: I report compliance
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Proposal
PIKAS IN THE PARK
Objective:
To provide something fun and whimsical for families and people of all ages to enjoy in
the Downtown core area that has unique “Estes Park” flavor. As Peter Kayagama
would say, this is a “love letter” to Estes Park. Roll out would coincide with the 2017
centennial celebration of the Town of Estes Park.
Present Situation:
Guest and residents alike say one of their favorite things about Estes Park is the
Riverwalk, the flowers downtown, and the sculptures and art. Interactive art has been
enormously popular in our downtown core, as exemplified by the musical instruments
near Kind Coffee and the bronze saddle in George Hix Riverside Plaza. Downtown
Estes, with its mix of shops and quaint atmosphere attracts thousands each year.
Some family members go downtown shopping more begrudgingly than enthusiastically.
Activities that are fun for all, especially kids, attract more people to our downtown, into
our stores and can get them to explore more of the downtown area.
Proposal:
“Pikas in the Park” is modeled after the very popular “Mice on Main” program in
Greenville, South Carolina and the hidden gnomes in the Denver Museum of Nature
and History.
10 bronze pikas, in different configurations would be “hidden” in locations throughout
the core downtown, running from Kind Coffee or the Visitor’s Center on the east, to the
waterwheel area on the west. (Depending on sponsorships, the program may be
expanded to include up to 15 pika sculptures.) The pika sculptures would be life size.
A list of the different pikas (without their location of course) would be available in stores
and at the visitor’s center. Each pika would be unique and would be shown as a pika in
its natural environment. These would not be cartoon type representations, but realistic
sculptures of pikas. This would create a scavenger hunt type activity covering the entire
downtown.
Each pika would be named after a historical figure from Estes Park’s past.
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Kids of all ages, love scavenger hunts. This would attract families downtown who may
not come to downtown Estes Park, get them to stay longer, and get them to explore
more of the downtown area.
The Scavenger hunt list would also include interpretive educational material about pikas
and their habitat.
Other features and alternatives:
A local writer could do a children’s book about Pikas in the Park, telling their
story. (Such as the story about the bear at Rocky Mountain Chocolate Factory, or
the Mice on Main book)
We will offer something like a souvenir coin, patch, etc., for anyone finding all the
pikas and turning their list in at the Visitor’s Center
Replicas of the bronze pikas could be offered for sale, as a way to promote the
program and offset costs.
Stores could offer products tied to the program, such as “I found the Pikas!” T-
shirts, etc.
A separate list could be done with GPS coordinates to GeoCachers could also
participate in finding the pikas.
Why Pikas? They are uniquely associated with RMNP and the mountains. It’s an
opportunity to teach about a fun and unique animal. They are really cute, and the
alliteration works!
Costs: The major cost will be the commissioning and casting of the sculptures.
Mike Dwyer, a wildlife sculpture in Loveland has agreed to produce the pika
sculptures for a cost of $4,500 for 10 pikas
http://www.mikedwyersculptures.com/
Businesses, groups and individuals will be asked to sponsor a pika for the cost of
$475. That will cover the cost of the sculpture and a portion of the installation
costs. As a pika sponsor, the sponsor will be recognized on the Pikas in the Park
website and on the scavenger hunt sheet. .
The sculptures will remain the property of the Town of Estes Park.
Mr. Dwyer will have the opportunity to offer replica pikas for sale at local galleries
for guests who would like a pika of their own - pursue grant funding to offset the
costs.
Town would cover installation and maintain the pikas.
Location: Locations could be on private or public property, but all in view from public
property (sidewalk, Riverwalk, paths.)
This is intended to be an interactive art project specifically for Downtown Estes Park,
therefore installations will be limited to the area between the Black Canyon Creek bridge
by Kind Coffee and Tregent Park on the west end of town. Any locations on private
property would require a formal agreement between the property owner and the Town
for the placement and maintenance of the sculpture. If a location becomes unavailable
for any reason, the Town will relocate the sculpture to a new location within the
downtown core area. (see potential locations attached)
Timing – The goal is to have the Pikas in the Park project installed and ready for the
public as part of the Town’s 100 year centennial by April of 2017.
Advantages: 8
Something unique and fun to do in Downtown Estes Park, different from any
other Colorado destination
Family oriented
Attract people to our core downtown area, including family members who don’t
like to shop
Get people to stay downtown longer
Encourage people to explore ALL of downtown, not just one end or another
Disadvantages:
Cost
Recommended Action
That the Board approve the concept of the Pikas in the Park program, allowing the work
to proceed. (Formal approval for each piece of art will be presented to the Board at a future date, per
the Art in Public Places Policy)
Budget:
$4,500 for 10 sculptures at $450 each. Sponsorships sold at $475 each. $250 for installation.
The remaining installation and maintenance to be covered by the Town of Estes Park.
Attachments:
http://miceonmain.com/
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Potential Pika Habitats
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Thank you to our sponsors Freelan – Mueller and Associates Isabella – Visit Estes Park Joel – Estes Area Lodging Association Enos – Jill and Frank Lancaster Earl of Dunraven – asddfjdf Abner – asdfjief Cornelius – asdfjle Muriel – mlkdjeksd Moomaw – msdlkjfd Griff – sldkfjdkf Award buttons - sdfjkdkl Pikas Sculpted by Mike Dwyer http://mikedwyersculptures.com/ Special acknowledgement to Steve Mitchell, author of Legendary Locals af Estes Park and Historian Jim Pickering for background information on our Pika’s namesakes. Pikas in the Park An interactive scavenger hunt in Downtown Estes Park Picture of one of the sculptures here What is a Pika? American pikas are small, rodent-like mammals closely related to rabbits and hares. Pikas have short, stout bodies with big, round ears. They do not have a visible tail. Pikas are herbivores. They eat grasses weeds and tall wildflowers that grow in rocky, high mountain habitat. American Pikas are found in alpine terrain, above the tree line, in mountains. They live on rock faces, talus and cliffs near mountain meadows. Talus is a rocky area on the side of cliffs, slopes or hillsides Genus : Ochotona Species: princeps National Wildlife Federation 19
There are 10 bronze pikas hidden in Downtown Estes Park between the intersection of US 34 and 36 and Tregent Park on the west end of downtown. Find each one and enter the code in the white box. If you find all 10, return this to the Visitor’s Center for your official Pika Finder Button. #1 Freelan – Freelan Oscar (F.O.) Stanleymoved to Estes Park in 1903 and built the Stanley Hotel. Inventor of the Stanley Steamer car, he also brought electrify to Estes Park and donated the land for Stanley Park, the home of the fairgrounds. Clue - I’m a philanthropist and very Kind, especially if I get my first cup of coffee #2 Isabella - Isabella Bird, an Englishwoman in her 40’s, traveled to the Rocky Mountains in 1873. Bird’s adventures are chronicled in the still popular book Lady’s Life in the Rocky Mountains. Clue - I have a bird’s eye view and I see the Trends in town but, Wait, Wait, Wait #3 Joel - Joel Estes and his son Miltoncame to the Estes Valley on a hunting trip in 1859. In 1963 he moved here with his family to start aranch.Clue - I love the sound of moving water as I gaze across to the saddle.#4 Enos - Enos Mills is known as theFather of Rocky Mountain National Park. Devoted to conservation, he led the efforts to establish Rocky Mountain National Park in 1915. Clue - I may be small, but I’m old enough to be behind the wheel. #5 Earl of Dunraven - IrishmanWindham Thomas Wyndham-Quin, Fourth Earl of Dunraven, came to Estes Park in 1873. He acquired 6,000 acres of land, some by questionable means. After stiff resistance from locals, he left the area in the 1880’s and sold his land in 1907. Clue - I don’t eat burgers, I’m a vegetarian, but I do like a good book #6 Abner - Abner Sprague built asuccessful lodge in Moraine Park. He later helped survey and plat the Town of Estes Park. He dug a lake for his visitors that is now the popular Sprague Lake in Rocky Mountain National Park Clue - I love watching the kids play and people smiling with relief #7 Cornelius – A former grocer andcounty Sheriff, Cornelius bond helped form the Estes Park Town Company which set aside land downtown that is now Bond Park Clue - - I like to just chill on a bench, stopping to smell the roses and the lasagna # 8 Muriel – Born in1904, MurielMacGregor grew up on her parent’s ranch in Estes Park. She became on one of the first woman lawyers in Colorado. When she passed in 1970, she left the Ranch to be used for charitable and educational purposes. Clue - From here I see it going round and round. And will he ever empty his boot? #9 Moomaw – Jack Moomaw was thefirst year round ranger in Rocky Mountain National Park. His book, Recollections of a Rocky Mountain Ranger tells the story of what it was like to be a ranger in the parks early years. Clue - Did I really see a fairy across the doorway? #10 – Griff – Griff Evans, asWelshman who ranched in the area in 1867 and was the first to host travelers in Estes Park. Starting the guest experience tradition that is the heart of Estes Park today Clue - I’ve always had a strong Bond for this area, near to what a man has with his dog. 20
Town of Estes Park, Larimer County, Colorado, September 13, 2016
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 13th day of September, 2016.
Present: Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Walker
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
PUBLIC COMMENTS.
Charlie Dickey/Town citizen stated his appreciation for the discussions held at the study
session. He would support video recording of the study session meetings on the
public’s behalf.
TRUSTEE COMMENTS.
Trustee Walker announced the Town would be advertising for an upcoming vacancy on
the Local Marketing District (Visit Estes Park) Board. Interested individuals need to be
a resident of the District in order to apply.
Trustee Norris stated the Estes Valley Planning Commission would continue their
discussions on code amendments for ADUs at their upcoming meeting. He reminded
the public that bears are becoming more active. The Police are actively enforcing the
Wildlife Ordinance through the issuance of tickets.
Trustee Martchink stated the Parks Advisory Board would meet on September 16, 2016.
Mayor Pro Tem Koenig, Trustee Martchink and Administrator Lancaster attended the
Regional Elected Officials Southern Larimer County meeting to discuss watershed
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Board of Trustees – September 13, 2016 – Page 2
restoration and stewardship and transportation issues related to the I-25 project, Hwy
34 work in the canyon and Hwy 34 corridor through Loveland and east.
Trustee Holcomb commented on the opening of Dry Gulch Road and how appreciative
the residents in the area are for the new roadway and sidewalk.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 23, 2016 and Town Board Study Sessions
dated August 23 and August 30, 2016.
2. Bills.
3.Committee Minutes:
a. Community Development/Community Services Committee Minutes
dated, August 25, 2016.
4. Estes Valley Board of Adjustment Minutes dated August 2, 2016.
(acknowledgement only)
It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda
Items, and it passed unanimously.
2. ACTION ITEMS:
1.RESOLUTION #16-16 FOR SURPRISE SIDEWALK SALE. Director Hinkle
presented the Board with a Resolution to allow outdoor sales in the
Commercial Downtown zoning district during the fall sidewalk sale. The
proposed Resolution would allow the sidewalk sale to take place October 8-9,
2016 and be held two weekends a year through 2019 as determined by staff.
Charley Dickey/Town citizen thanked Director Hinkle and staff for updating
the Resolution and thanked the Local Marketing District (Visit Estes Park) for
producing this year’s image used on the posters supplied to all downtown
businesses.
It was moved and seconded (Koenig/Holcomb) to approve Resolution #16-
16, and it passed unanimously.
2.DOWNTOWN PLAN CONSULTANT CONTRACT AWARD. Item delayed
and moved to September 27, 2016 meeting.
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Board of Trustees – September 13, 2016 – Page 3
3.RESOLUTION #18-16 INTERGOVERNMENTAL AGREEMENT (IGA) WITH
CDOT FOR INSTALLATION OF A DYNAMIC MESSAGE SIGN ON US HWY
36.Director Muhonen stated the item was reviewed by the Public Safety,
Utilities and Public Works Committee at their meeting on September 8, 2016
and recommended as an Action item for tonight’s meeting. The Resolution
would allow the Town to obtain $30,835 in Federal Highway Administration
Congestion Mitigation and Air Quality (CMAQ) funding for the construction
and placement of a permanent electronic dynamic message sign (DMS) at
the intersection of Hwy 36 and Fourth Street. The sign would direct traffic to
the transportation hub to utilize the shuttle system and reduce downtown
traffic. The sign would also direct oversized vehicles to utilize the
transportation hub due to the limited spaces available downtown for these
vehicles. The sign would be placed at Fourth Street rather than Community
Drive because the road width in the area would be sufficient to allow vehicles
to utilize the right lane to continue past the left turning vehicle. At this time
there is not a left turning lane at Community Drive to facilitate a left turn
without backing up traffic across the causeway. After further discussion, it
was moved and seconded (Holcomb/Koenig) to approve Resolution #18-
16 and the associated Intergovernmental Agreement, and it passed
unanimously.
4.STORMWATER MASTER PLAN CONTRACT APPROVAL. Manager Ash
stated Public Works has identified a Stormwater Master Plan as an essential
need for the Estes Valley to address runoff from existing and future
development areas and provide a minor drainage system capable of handling
at least the 10-year flows, and a major drainage system designed to convey a
100-year storm runoff event for road crossings on the primary drainages
within the project area. The plan would further identify the needed
improvements and costs for projects and propose an implementation
schedule. To develop the plan, the Town applied for and was granted a
$300,000 Community Development Block Grant – Disaster Recovery (CDBG-
DR) from the Colorado Department of Local Affairs. The Feasibility Study
would be funded through budgeted funds in the General Fund. The Public
Works department issued a Request for Proposals on July 22, 2016 and
received three responses. After thorough review of the requests, the review
team selected Anderson Consulting Engineering, Inc. out of Fort Collins.
Their proposal demonstrated a connection with the Town community through
their work on the Fall River and Upper Big Thompson River Restoration
Master Planning project, and they would subcontract with Cornerstone
Engineering and Surveying, a local firm. After further discussion, it was
moved and seconded (Norris/Holcomb) to approve a professional services
contract with Anderson Consulting Engineers, for the Estes Valley
Stormwater Master Plan for a project cost not to exceed $300,000 and a
separate professional services contract for a Feasibility Study not to
exceed $30,000, and it passed unanimously.
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Board of Trustees – September 13, 2016 – Page 4
5.ORDINANCE #22-16 AMENDING MUNICIPAL CODE SECTION 17.66.040-
DEFINITIONS TO ALLOW ADVERTISING SIGNAGE ON TOWN
OPERATED SHUTTLE BUS VEHICLES. Director Hunt reviewed the
proposed Municipal Code change to the Sign Code allowing advertising on
the Town shuttle buses. Paid advertisement could provide an avenue to
recoup operating costs of the shuttle system. The propose code language
would allow any public transportation vehicle operated by the Town of Estes
Park to display advertising so long as it is operated by the Town and runs on
a schedule. Attorney White read the Ordinance into the record. It was
moved and seconded (Koenig/Martchink) to approve Ordinance #21-16,
and it passed unanimously.
6.RETENTION OF PETROCK AND FENDEL, P.C. FOR SPECIAL LEGAL
COUNSEL REGARDING WATER MATTERS. Attorney White stated special
legal services are required by the Town to provide counseling on water right
matters and Water Court filings as outlined in the Town’s Water Master Plan.
The Town further requires specific legal counsel as it relates to the Scott
Ponds rehabilitation project which involves the filing of a new augmentation
plan with the Water Court for storage of water. Staff recommended securing
Petrock and Fendel, P.C. as they specialize in providing legal services to local
governments in water law matters. It was moved and seconded
(Nelson/Holcomb) to retain Petrock and Fendel P.C. as special legal
counsel for water matters pursuant to the terms of the letter dated
August 30, 2016, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 7:43 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado September 13, 2016
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 13th day of September,
2016.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
Attending:All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Town Attorney White, and Town Clerk Williamson
Absent:None
Mayor Jirsa called the meeting to order at 4:30 p.m.
AGENDA SETTING POLICY.
Administrator Lancaster stated the current Town Board Governance Policy 105
Agendas was adopted January 2016 to outline the process and procedures for
preparing agendas. Staff uses the policy as directed by the Board to prepare the
agendas. It would be at the Board’s discretion to update or change the policy as
needed. Policy Governance was developed for non-profits and does not always
address the special needs of local government; therefore, policies need to be developed
to outline certain procedures.
Mayor Jirsa reviewed John Carver’s Policy Governance model which outlines the
Board’s role to do means. These means should be the responsibility of the Board, and
therefore, the Board’s agenda should be set by the Board and not the Town
Administrator or the staff. He reviewed the process utilized by the School Board in
which items from staff are forwarded to the Board for approval and reviewed with the
Superintendent before the Board Chair finalizes the agenda. The current policy
appears to be working but he questioned the Board linkage to the owners, the need to
focus on written Board policies and the written performance of the Administrator as the
key functions of the Board.
Discussion followed among the Board members and has been summarized: the current
agenda policy established has provided staff with the direction needed to produce an
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Town Board Study Session – September 13, 2016 – Page 2
agenda for the Board’s review prior to publication; information comes from many
sources and would be difficult for the Board to keep track of the needs and timeframes
for each item; and agenda items are placed on the agenda per the Board’s policy.
Mayor Jirsa suggested the Board should provide additional authority to the Town
Administrator to complete day-to-day activities. Mayor Pro Tem Koenig questioned the
intent of providing more authority to the Administrator; i.e. to streamline processes.
Further discussion was heard on the value of the study session meeting discussions
and the need to hold the meetings in the Board room in an effort to televise the
meetings. The Board agreed the seating arrangement in the Board room is not
conducive to roundtable discussions. Staff would evaluate the cost of adding cameras
to the upstairs meeting rooms and televising the meeting either live or record them for
future review by the community.
POLICY GOVERNANCE MONITORING REPORT FORMS AND BOARD POLICIES
MONITORING PROCESS. Policy Governance was adopted by the Town Board in
2013, and per the policy, the Town Administrator must report on a regular basis their
compliance with the staff limitations outlined and adopted by the Town Board. Mayor
Jirsa has expressed some concern on the format of the reports as prepared and
recommended the Board revisit the format. The proposed revised report format would
include a statement of the policy, the Town Administrator’s interpretation of the policy,
data and evidence to support the Town Administrator’s statement of compliance, and a
report from the Town Administrator explaining the reasons for the report of
compliance/non-compliance. Currently the monitoring reports are reviewed under the
Town Administrator’s report and no formal action has been taken to approve the report
by the Board. The Board could formally accept each monitoring report through the
approval of a line item in the Consent Agenda or as an Action item. After further
discussion by the Board, it was agreed to move forward with the new report outlined
above and to have each report approved as a Consent Agenda item.
OFF CYCLE REQUESTS FOR FUNDING FROM OUTSIDE ORGANIZATIONS.
The Town has been approached during budget years from outside entities for financial
support outside of the normal budget cycle and without applying for funding through the
Community Service Grant process. Some of the requests are the result of opportunities
or issues that were not apparent at the time the budget was prepared. The Mayor
receives a number of requests throughout the year to fund local groups as well from the
Mayor’s contingency fund. The Board does not have a policy or process for responding
to these requests, which are handled on a case by case basis.
Board discussion followed and has been summarized: a policy or procedure on how to
address these requests would provide clarity for the Board and those requesting
funding; off cycle requests should only occur once and then the group should request
annual funding through the budget process; outlining the purpose of the Mayor’s
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Town Board Study Session – September 13, 2016 – Page 3
contingency fund would be beneficial in reviewing requests; having requests submitted
through the budget cycle provides the Board the ability to evaluate all requests at the
same time and determine how the request meets the Town’s goals and strategic plan;
and off cycle requests should be limited to emergency situations in the future.
Administrator Lancaster would forward a previously drafted policy for the Board’s review
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Trustee Walker presented an overview of the expenses versus revenues summary for
the Event Center for 2016 and proposed 2017. He stated the loss ratio appears to be
decreasing; however, the Center would never generate enough revenue to offset the
cost of operations. Mayor Pro Tem Koenig commented the Performa prepared for the
Center stated it would not break even.
Trustee Norris stated he would support the recent request of the Board to approve a
Resolution in support of Restoring Americas National Parks. This campaign would
advocate the federal government to allocate funding needed to address over $11.9
billion in deferred maintenance at National Parks throughout the United States. Staff
would provide a draft Resolution for the Board’s review. Mayor Jirsa would not support
the Resolution without specific details on where the funding would come from. Trustee
Walker would abstain as he has a concession agreement with the Park system.
Trustee Martchink commented the Town should bring forward the discussion of taxing
vacation homes at commercial property tax rates to the Colorado Municipal League
(CML) meeting on September 29, 2016. Trustee Norris stated the local
accommodations would support this change to bring equity to the industry. The change
would not impact the Town’s collection of property tax because of the low mill levy but
could make a significant impact for the special districts such as the School District. The
Board consensus was to bring the item forward at the CML meeting.
Mayor Jirsa proposed the Board consider opening up the Board’s email for public
inspection on the Town’s website to provide further transparency. After further
discussion the Mayor requested staff review the issue further and set the item for a
future Study Session.
Mayor Jirsa stated he has been working with both Attorney White and Municipal Judge
Brown on establishing a performance review. He stated the review process would be
brought forward for the Board’s review at an upcoming meeting.
FUTURE STUDY SESSION AGENDA ITEMS.
Administrator Lancaster requested direction from the Board on the review process for
the upcoming Local Marketing District (Visit Estes Park) 2017 Operating Plan. The
Board consensus was to bring the item forward to the October 25, 2016 Town Board
meeting.
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Town Board Study Session – September 13, 2016 – Page 4
Sam Mamet/CML has requested to attend the December 13, 2016 Study Session to
update and discuss issues being addressed by CML. The Board concurred to add the
item to the agenda.
There being no further business, Mayor Jirsa adjourned the meeting at 6:20 p.m.
Jackie Williamson, Town Clerk
28
Town of Estes Park, Larimer County, Colorado, September 8, 2016
Minutes of a Regular meeting of the PUBLIC SAFETY, UTILITIES &
PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in the Town Hall in said Town of Estes
Park on the 8th day of September 2016.
Committee: Chair Koenig, Trustees Martchink and Nelson
Attending: Trustees Martchink and Nelson
Also Attending: Assistant Town Administrator Machalek, Captain Rose,
Director Bergsten, Manager Ash, Manager Fraundorf and
Recording Secretary Beers
Absent: Chair Koenig, Town Administrator Lancaster and
Director Muhonen
Trustee Nelson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT
None.
PUBLIC SAFETY
None.
Reports
1. Verbal Updates and Committee Questions: Captain Rose noted that although
the Town does not typically have reports of stolen vehicles, the department did
recover two stolen vehicles in the last week from Boulder. The Board approved
body camera system currently in place was instrumental in recovering the two
stolen vehicles.
2. The Police department responded to of a very intoxicated injured male coming
out of a local business. The individual came back to the police department the
next day to thank the officers for their humane treatment, respect and assistance
to get his injuries taken care of.
3. Captain Rose stated bear activity has increased and there have been both
commercial and residential violations of the wildlife ordinance. Compliance has
been reached. Trustee Nelson questioned whether the bear proof containers are
causing any increase in home break-ins by bears. Captain Rose responded that
there has been 1 report this year of a bear entering a garage, however bears are
moving to outer limits of the Town due to the compliance with the bear proof
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Public Safety, Utilities & Public Works Committee – September 8, 2016 – Page 2
containers. He attended the Bear Task Force meeting with the Sheriff and
Colorado Parks and Wildlife, to discuss what can be done as the bears leave the
Town and move into the and how extra checks on violations have been working
for the Town.
UTILITIES
REVISED INVISION GIS EXPENDITURE LIMIT. Utilities proposed the Board approve
revised expenditure limit for InVision GIS to expedite the planned field asset inventory
and installation/configuration of fiber optic asset management software. Utilities has
made progress with the broadband work and the increase in expenditures would allow
the department to meet the DOLA grant requirement for project completion by August
31, 2017. InVision GIS would sub contract the work in locating assets in the field and
charge the Town a 10% mark up to cover administration fees. The department
requested an increase in the expenditure limit not to exceed $465,000, an increase of
$135,000. Trustee Nelson requested an explanation on above line and below line
difference. Director Bergsten stated that the overhead lines are easy to see and can be
done very quickly whereas the underground asset locating is harder to find and the
department cannot afford to put everything underground which is why the department is
putting an extra team on underground assets. Director Bergsten requested comments
or questions from other Board members to prepare a presentation and address issues
in detail. The Committee recommended approval of the revised InVision GIS
expenditure limit for 2016 not to exceed $465,000 and approval of the necessary
budget revisions, to the Town Board, to be included on the Consent Agenda at
the September 27, 2016 Town Board meeting.
Reports
1. Verbal Updates and Committee Questions:
The broadband project received 5 responses to the engineering design RFP.
The department would bring a contract forward for the Board’s consideration
to the September 27th meeting. Director Bergsten elaborated that over the
past 6 years’ dark fiber revenues received for leases from the Platte River
Power Authority have been placed in the IT budget since the division was
completing the work. The revenues started significantly increasing, leading
Finance to recommend moving the funds into the Light and Power
department as a sub-fund or new division. Director Bergsten stated the
department would request the Board recognize the revenues and
expenditures would come out of the Light and Power budget as a sub-fund or
division. Manager Fraundorf added there is approximately $320,000 in the IT
fund from the dark fiber lease.
The Park Entrance Mutual Pipeline would be financed through the USDA,
making the Town eligible for a 45% grant on construction projects. The
department has been looking into projects for pipe replacement and has
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Public Safety, Utilities & Public Works Committee – September 8, 2016 – Page 3
developed plans for pipe replacement in the downtown area and Bureau of
Reclamation district. The Charles Heights area paid for engineering work to
be done which can now be expedited with these funds; however, there may
be additional engineering expenses the department incurs for the design of
the preliminary engineering report. The reports would allocate and secure
funds for the construction project. The item would be discussed during the
2016 budget revision to include additional engineering funds to get the
preliminary engineering reports completed.
The Mary’s Lake Water Treatment Plant utilizes a newer membrane
technology, which experienced performance issues related to the membranes
and issues during startup. Water Supervisor Eshelman has been working with
the membrane manufacturer, General Electric, to get a discounted price to
replace the membranes. Although it is in this year’s budget to replace a small
portion of the membranes, at the discounted price, the department would
bring a recommendation to the Committee in October to replace all of the
membranes.
PUBLIC WORKS
STORMWATER MASTER PLAN CONSULTANT CONTRACT APPROVAL. The Public
Works department seeks approval for two professional service contracts to develop a
stormwater master plan and feasibility study that would guide the Town in its
management of stormwater planning, funding and infrastructure projects. The 2013
flood demonstrated the Town’s infrastructure as being inadequate in several locations in
the Estes Valley. The department continues to develop a system to manage
stormwater in an effective way to manage a big storm. The master plan would evaluate
frequency storms of two year, ten year and 100 year storms, and will include minor and
major storms. The document would outline capital infrastructure projects both large and
small. Town Engineers would have a document in place to tie future drainage projects.
Manager Ash stated the department has approximately $30,000 in the engineering
budget for the feasibility study. With the Hydrology study nearing completion, the
department can move into the master plan and feasibility study phase allowing
consolidation and consistency in data. Having a stormwater master plan in place would
increase the Town’s chance of getting funding for projects. The master plan would
identify regional drainage issues, the increase in staff workload and budget to complete
projects. The Committee recommended authorizing a professional services
contract for the Estes Valley Stormwater Master Plan to Anderson Consulting
Engineers, for a project cost not to exceed $300,000, and authorizing a
professional services contract for the Estes Valley Stormwater Master Plan –
Feasibility Study, to Anderson Consulting Engineers, for a project cost not to
exceed $30,000, to the Town Board, to be included as an Action Item on the
Agenda at the September 13, 2016 Town Board meeting.
INTERGOVERNMENTAL AGREEMENT (IGA) WITH CDOT FOR INSTALLATION OF
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Public Safety, Utilities & Public Works Committee – September 8, 2016 – Page 4
A DYNAMIC MESSAGE SIGN ON US36. Request to obtain a $30,835 payment of
Federal Highway Administration Congestion Mitigation and Air Quality (CMAQ)
improvement program funds through the approval of the CDOT Intergovernmental
Agreement (IGA) for the construction of a permanent electronic dynamic message sign
(DMS) on US36, east of the intersection with 4th Street. CDOT requires approval from
the Town through the adoption of a Resolution. The project is intended to increase the
notification for parking at the Fairgrounds and promote the use of the shuttle system to
alleviate downtown congestion and improve air quality. Directing cars and oversized
vehicles to park at the Transit Hub would reduce the demand on limited downtown and
National Park parking spaces, reduce circulation of motorists, and increase ridership by
approximately 34%. The Town Board appropriated $55,850, consisting of $30,835
CMAQ grant funds and $25,015 local funds from the Community Reinvestment Fund
(CRF) in the 2016 budget. Trustee Nelson questioned signage, stripping and monitoring
the type of traffic generated with the signage and how the department will assess
effectiveness. Manager Ash stated the shuttles have specific routes that can be
monitored for ridership and may revise striping in that lot to direct RV parking. Manager
Ash would inquire about the type of messages displayed on the sign relating to
generalization on parking rather than advertising events which is prohibited. The
Committee recommended the Resolution 18-16, to the Town Board, to be
included as an Action Item at the September 13, 2016 Town Board meeting.
Reports
1.Estes Valley Recreation and Parks District request for Bike Pump Track at
Stanley Park: The District has a lease agreement with the Town for the use of
Stanley Park which requires the lessee obtain written permission from the Town
prior to constructing any structures on the premises. Manger Ash described the
project as a new recreational activity at Stanley Park by the District. Town staff
has prepared a letter approving the use.
2. Verbal Updates and Committee Questions:
Manager Ash reported the Carriage Hills dam repair continues to progress
and is on schedule. The contractors have breached the existing pond and
would install the new outlet and culverts underneath the dam for emergency
situations where water will need to be let out. The spillway nears completion
and backfill needs to go in. Trustee Nelson stated that public comment to the
Trustees has been positive and complimentary to staff.
Dry Gulch paving has been completed and the road opened to through traffic
with stripping to be completed. Public Works has received all the approvals
to complete the sanitary sewer to the east and the extension of the concrete
trail under the bridge with projections for end of the month infrastructure to be
complete.
There being no further business, Trustee Nelson adjourned the meeting at 8:49 a.m.
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Public Safety, Utilities & Public Works Committee – September 8, 2016 – Page 5
Bunny Victoria Beers, Recording Secretary
33
34
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 16, 2016
Board Room, Estes Park Town Hall
Commission: Chair Betty Hull, Commissioners Doug Klink, Nancy Hills, Steve Murphree, Sharry
White, Russ Schneider, Michael Moon
Attending: Chair Hull, Commissioners Murphree, Moon, Klink, White, Schneider, and Hills
Also Attending: Community Development Director Randy Hunt, Planner Carrie McCool, Senior
Planner Alison Chilcott, Town Attorney Greg White, Town Board Liaison Ron
Norris, County Liaison Michael Whitley, and Recording Secretary Karen
Thompson
Absent:None
Chair Hull called the meeting to order at 1:30 p.m. There were approximately 20 people in
attendance. Each Commissioner was introduced. Chair Hull explained the process for accepting public
comment at today’s meeting. The following minutes reflect the order of the agenda and not
necessarily the chronological sequence.
1.PUBLIC COMMENT
None.
2.CONSENT AGENDA
Approval of minutes, July 19, 2016 Planning Commission meeting.
It was moved and seconded (Hills/White) to approve the consent agenda as presented and the
motion passed unanimously.
Commissioner Murphree recused himself for the Habitat for Humanity agenda item.
3.DEVELOPMENT PLAN 2016‐04, HABITAT FOR HUMANITY & SALUD CLINIC
Carrie McCool reviewed the staff report. The subject property is in the Neighborhood Subdivision,
which had the intent to provide affordable housing in the community. The local Salud Clinic is
located on the corner of Dry Gulch Road and Red Tail Hawk Drive. This application had three
parts: the Rezoning of two lots from O–Office to R‐1–Residential; a Minor Subdivision Plat to
replat two existing lots to accommodate Lots 1A and 1B for single‐family use, and create Lot 2A to
allow for the expansion of the Salud Clinic’s parking lot; the Development Plan review scope
includes 29 additional spaced in the newly created Salud parking lot, and the plan for the single‐
family dwellings.
Planner McCool stated a legal notice was published in the local newspaper and adjacent property
owners were notified by mail. The application was routed to all affected agencies for review and
comment. The application being reviewed today is only the Development Plan. On June 21, 2016,
the Planning Commission recommended to approve the minor subdivision. This was forwarded to
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 16, 2016
Board Room, Estes Park Town Hall
and approved by the Town Board, with one condition. Concerning the motion to rezone the
property, the Planning Commission had a tie vote, so the motion failed. Because the rezoning was
directly related to the Development Plan, the Planning Commission did not review or act on the
Development Plan application at the June meeting. The Town Board heard and approved the
Rezoning application, conditional to the approval of the Development Plan by the Planning
Commission.
Planner McCool stated the applicant requested a minor modification to increase the maximum
impervious lot coverage standards from 50% to 56%. Current coverage is 62%. The Planning
Commission has the authority to grant the minor modification. Approval of this minor
modification would increase compliance with coverage. Due to site challenges with the area, staff
supported the minor modification. Regarding the Landscaping and Buffering standard in the Estes
Valley Development Code (EVDC), Planner McCool stated a buffer is needed due to the very
different land uses (Office & Residential) that are adjacent to each other. Staff recommended the
dedication of a landscape easement on Lot 1B to ensure the installation and maintenance of the
required landscape buffering be the responsibility of the owners of Lot 2A (parking lot). Planner
McCool stated the goal for exterior lighting is to ensure any proposed lighting is of the fully cut‐off
and downcast‐type to minimize glare and light trespass. Staff recommended a revision to a note
on the Development Plan to ensure complete compliance with the EVDC exterior lighting
standards. Planner McCool stated the applicant submitted a Stormwater Management memo,
which was required to help understand the new drainage infrastructure with no negative impacts.
This memo relates to the 2005 Drainage Plan for The Neighborhood Subdivision. Finally, the
Planning Commission must consider compliance with the Estes Valley Comprehensive Plan.
Planner McCool stated there are a number of community‐wide policies that would be advanced
through this proposed project, including encouraging a variety of housing types and price ranges;
encouraging housing for permanent residents of all sectors of the community; establishing a link
between new development and the provision of affordable housing; and locating and designing
buildings to fit the land.
Staff Findings
1.The application is consistent with the policies, goals and objectives of the Estes Valley
Comprehensive Plan.
2.Adequate services and facilities are available to serve the development.
3.The minor modification to exceed the maximum lot coverage standards from 50% to 56%
on Lot 2A would advance the goals and purposes of this Code, not exceed the maximum of
twenty‐five percent (25%) deviation from the zone district standards, result in less visual
impact of parking adjacent to Red Tail Hawk Drive, and relieve practical difficulties in
development the site.
4.If revised to comply with recommended conditions of approval, the application will
comply with applicable sections of the Estes Valley Development Code, as described in the
staff report.
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 16, 2016
Board Room, Estes Park Town Hall
5.The Planning Commission is the Decision‐Making Body for the proposed Development
Plan.
Planner McCool stated staff recommended approval of the Development Plan, with conditions of
approval listed below.
Public Comment
Amy Plummer/project engineer stated the Development Plan complies with the EVDC
requirements regarding slope and the distance of the driveway from the intersection. The lot
areas are nearly two and one‐half size the minimum lot size for the R‐1–Residential zone district.
All utility mains are already in place, so the limits of disturbance at the site will be minimized. Ms.
Plummer explained the density is similar to surrounding areas, and less dense than nearby Vista
Ridge. The two proposed single‐family dwellings will add an insignificant percentage of new
homes in this area regarding traffic and impacts to the neighborhood. There will be a challenge
due to the slope; however, architect Steve Lane is very capable of making the houses fit the lot.
Also, Habitat for Humanity homes are typically smaller than average. She stated the rezoning of
the property to R‐1 is a down‐zoning, and will most likely have less building than if it would have
been used as O‐Office.
Commissioner Moon prefaced his comments by saying they had nothing to do with Habitat for
Humanity. He is a supporter of Habitat for Humanity, and also has confidence in the chosen
contractor. He was concerned with the slope and the proposed construction on Lot 1B. Ms.
Plummer stated homes in the Estes Valley are often built on lots with slope greater than this. The
proposed home will be a garden‐level style that will contain the drop in slope. Town Engineer
Kevin Ash stated there is room for a drainage swale at the northeast corner of the property. The
finished floors of the two proposed dwellings are within two feet of each other. He stated the
local designers and contractors are very capable of building a home on the sloped lot. Town
Attorney White stated if the EVDC standards are met, the lot sizes are correct, and the lots are
buildable, it is not in the Planning Commissioner’s purview to determine the buildability of a lot.
Sally Brackman/town resident was concerned about the slope of the driveway, and anticipated
the residents would be parking on the street during the winter. She was concerned that the
proposed homes would not fit in the rest of the neighborhood, as no other homes have carports
and sheds.
Bruce Brackman/town resident read the Habitat for Humanity Mission statement, and wondered
if these two homes would be “decent” as stated in the statement. He did not think all the
Planning Commissioners visited the site.
Art Messal/town resident stated the process confuses him, and he thinks the development plan
was ill‐defined. He disagreed that the application complied with the Comprehensive Plan. He
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 16, 2016
Board Room, Estes Park Town Hall
stated he lives in an “affordable” neighborhood, but was concerned about the density and
property values if these two new homes were built. He encouraged the Commissioners to make
the property in question designated open space.
Joan Knowlton/town resident agreed with Art Messal.
Corrine Dyer/town resident thanked the Estes Park Housing Authority for the Vista Ridge
development. She was able to discuss the project with Ms. Plummer, and although she
understood it, she disagreed with it. She learned the structure and design of the homes are
dictated by the families that will be chosen by Habitat for Humanity. The new homes will be deed
restricted, and allowed only two cars. Habitat for Humanity encourages neighbors to keep a close
eye on each other and speak out if things seem out of hand. She asked the Planning Commission
to add a provision for a select few community members of Vista Ridge and The Neighborhood to
be allowed to participate in the design process of the new homes, as this would allow them to be
involved and accountable for the structures. Ms. Dyer also met with Steve Lane, who stated he
would follow the established Habitat for Humanity process. She was concerned that people in her
neighborhood would be humiliated again, as they had been following the Town Board meeting
where the minor subdivision and rezoning were approved.
Dennis Sohaki/town resident appreciated those Commissioners that visited the site. He stated
this is not currently a residential lot, and opposed the rezoning. He stated the subject property is
a Brownfield Site with underground waste that has not been excavated. He claimed there is risk in
the underlying soil and the site is not safe. He was concerned about various safety issues (traffic,
slope, underground waste, etc), and was opposed to the project.
Deana Sohaki/town resident stated she knew the lot was zoned O–Office, and never imagined
two single‐family dwellings could be built there. She was told the lots were unbuildable for
residential use. She was concerned about parking and the Brownfield Site designation. She stated
the Town Trustees were anxious to approve the proposal because it was for affordable housing,
and did not think they read the public comment or the Brownfield report. She was opposed to
having a Habitat for Humanity project in the proposed location.
Patsy Neville/town resident stated she was concerned about the safety of the children that may
live in the new homes, as the proposed yard areas were not appropriate for children.
Public comment closed.
Staff and Commission Discussion
Commissioner and Applicant comments included, but were not limited to: Planning staff has had
discussions with the Chief Building Official regarding the Brownfield report, and if there were
issues, they would be addressed at the time the building permit application was submitted and
routed to affected agencies; the main reason the parking lot and residential lots weren’t switched
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 16, 2016
Board Room, Estes Park Town Hall
is because the lower portion is nearly the same as the existing Salud Clinic parking lot, and the
proposed layout helps with the soil containment, as there will be very little grading and the area
will be covered with asphalt and become impervious; all the Commissioners visited the site; many
of the concerns raised are not in the purview of the Planning Commission; the Planning
Commission has very specific guidelines they are required to follow; the new minor subdivision
will create two new residential lots addressed on Gray Hawk Court; each residential lot will have
two parking spaces, and the shared driveway and two carports will be able to accommodate four
vehicles; there are other specific limitations in the covenants regarding the number of vehicles at
the site.
Commissioner Moon requested the vote for the Minor Modification be separate from the vote for
the Development Plan. Attorney White stated that would be acceptable.
Conditions of Approval
1.Compliance with the following affected agency comment:
a.Upper Thompson Sanitation District memo dated May 2, 2016;
b.Town of Estes Park Utilities Department memo dated May 26, 2016;
c.Town of Estes Park Public Works Department memo dated March 7, 2016
2.Prior to recordation of the Development Plan, a Drainage Plan that demonstrates
compliance with the 2005 report shall be reviewed and approved by the Public Works
Department.
3.Prior to recordation of the Development Plan, all landscaping shall demonstrate
compliance with Section 7.5, Landscaping and Buffers, including the required landscaped
buffer consisting of eight (8) evergreen trees and eleven (11) shrubs per every 100 feet of
the northern portion of Lot 1B shall be included in a landscape easement wherein
installation and maintenance of the required landscaping shall be the responsibility of the
owners of Lot 2A.
4.Prior to Development Plan approval, the lighting note #7 on Sheet 1 shall be revised to
state “All lighting shall comply with the EVDC lighting requirements.”
It was moved and seconded (Moon /Hills) to approve the Minor Modification to allow lot
coverage of 56% for the Development Plan in lieu of the 50% maximum allowed and the motion
passed unanimously.
It was moved and seconded (Hills/Klink) to approve Development Plan 2016‐04 with the
findings and conditions recommended by staff and the motion passed 4‐2 with Commissioners
Hull and Moon voting against and Commissioner Murphree recused.
4.PROPOSED AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING ACCESSORY
DWELLING UNITS
Planner Chilcott stated the objective of the proposed amendment was to revise the EVDC to allow
long‐term rentals of Accessory Dwelling Units (ADUs) to increase the supply of rental housing for
39
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 16, 2016
Board Room, Estes Park Town Hall
the local workforce. During the August 9, 2016 Town Board Study Session, the Trustees directed
staff to draft a code amendment to remove the 1.33 multiplier of lot size that currently
establishes the minimum lot size for an ADU in residential zone districts. Staff was also directed to
draft a code amendment to eliminate the 800 square‐foot maximum size for an ADU. Current
regulations state an ADU can be no more than 33% of the size of the principal dwelling, or 800
square feet, whichever is less. Finally, the Trustees directed staff to draft a code regarding the
regulation of ADUs only within the Town limits, to be adopted if the Larimer County Board of
Commissioners did not wish to approve the proposed amendments.
Planner Chilcott stated the following questions needed to be addressed by the Planning
Commission: (1) Should long‐term rental of ADUs be allowed? (2) If allowed, should the
provisions sunset? If so, when? (3) Should the minimum lot size and structure size be removed?
She stated the Commission can move to recommend approval, continue the discussion, or
recommend denial. Staff published a press release regarding this matter and published a legal
notice in the local newspaper. The draft regulations were posted on the Town website on August
4th. Public comment is currently being accepted. It is anticipated for the amendment process to
last at least three months. Additional information regarding proposed dates, etc., can be viewed
in the staff report on the EVDC Proposed Amendments web page.
Planner Chilcott stated the Town Board Study Session included a discussion on the Housing Study.
With the upcoming closure of Highway 34 for flood repairs, housing for employees who commute
to Estes Park from the valley will be directly affected. The closure is expected to last from
October, 2016 through June, 2017. This proposed amendment could make additional units
available for rent for those individuals. Planner Chilcott stated whether or not the long‐term
rental of ADUs will make a difference is very difficult to quantify. There are very rough estimates
of possibly 300 +/‐ attached ADUs in the Estes Valley. This number was derived by reviewing the
Larimer County Assessor records for single‐family dwellings with two or more kitchen sinks. Some
of those dwellings may not be available or desired for long‐term rentals. She stated ADUs are a
small part of a larger issue for workforce housing within the Estes Valley.
Public Comment
Patricia Newsom/town resident stated the staff report and draft amendment were very
confusing. She provided a definition of “zoning.” There were parts of Exhibit A she did not
understand: Does this apply to ADUs that are contained within one structure or detached units?
Does this mean people could rent one bedroom in a home? She requested clarification as to how
many people could actually stay in the home and the ADU. She stated zoning of residential lots
was eroding away, and thought permanent residents were being placed second behind visitors.
She disagreed with the number of housing units needed that was shown in the housing study.
Art Messal/town resident stated the biggest issue was rushing this through the process. He stated
a strong unified vision for Estes Park is needed. There is very little data, which adds potential
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 16, 2016
Board Room, Estes Park Town Hall
problems for neighborhoods that are already suffering. He recommended the Commissioners
deny the proposed amendment, or at least continue for additional discussion.
Bob Leavitt/county resident stated the complaint basis would be problematic, as this pushes the
enforcement on to the neighbors. He encouraged a permit process, similar to short‐term rentals.
He stated there is a perceived crisis that housing is needed due to the highway closure. He
thought the proposed amendment was moving too fast. He wondered whether safety inspections
would occur, and whether or not the proposed amendment would include detached ADUs. He
was concerned about pressure put on utilities if ADUs were allowed. Home Owner Associations
(HOAs) would be forced to use enforcement if their covenants did not allow ADUs. He stated
clarification was needed regarding the difference between accessory kitchens and ADUs. He was
opposed to the sunset provision. He stated the proposed amendment would definitely affect the
Carriage Hills Subdivision.
Eric Blackhurst/representative of the Estes Park Housing Authority stated the proposed
amendment was not being rushed through, and the Housing Authority has been trying to address
workforce housing for years. This just happens to coincide with the pending closure of Highway
34.He stated long‐term rentals are for stays longer than 30 days. The vacancy rate of rentals in
the Estes Valley is approximately 1%. The Housing Study indicated a need for many units.
Historically, Carriage Hills was first developed with many homes having attached ADUs, so what is
currently being discussed is not unique to today’s situation. Other areas in Estes Park were built
the same way. He stated workforce housing issues began with the recession in 2007, when
construction stopped and workforce employees moved out of the Estes Valley. Mr. Blackhurst
stated the Housing Authority desires to help the housing issue along in small increments. There
was an amendment earlier this year that allowed employees living in workforce housing to not
have to be employed on site in order to live there. The Estes Valley workforce includes retail
employees, accommodations employees, etc. He stated the proposed amendment was a
reasonable solution for the community.
Mary Murphy/county resident stated it is difficult to keep young families in town. The real estate
market has high prices that the workforce is unable to afford. If those people leave we will not
have a well‐rounded community.
Fred Mares/town resident stated the Planning Commissioners had an in‐depth study session
discussion with intelligent questions, and he appreciated that. From the Housing Needs
Assessment and the Housing Summit, participants prioritized the 11 action items that were
recommended in the assessment. ADUs was prioritized as #6. #1 was a strategic plan, #2 was to
establish a workforce housing fund. He respectfully disagreed with Director Hunt and Trustee
Norris that some data is better than no data. It’s difficult to have a comprehensive view of data if
the survey is vague. He saw three major issues: (1) Should ADUs be rentable? (2) Should perceived
zoning be changed from single‐family to duplex? (3) Should the lot size and square footage
requirement be changed? He was opposed to deregulating the lot size and square footage
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 16, 2016
Board Room, Estes Park Town Hall
requirements. He would support a permit system and safety inspection. What prevents ADUs
from becoming short‐term rentals? Who keeps the records regarding ADUs? Before decisions are
made, a data collection system should be implemented, along with an enforcement/penalty
system. If workforce housing during the Highway 34 closure is a true concern, notice could be
provided to current vacation home owners that they could rent their homes long‐term during the
highway closure.
Dick Spielman/town resident agreed with Mr. Mares statement regarding the long‐term
rentability of existing short‐term vacation homes, as needed during the highway closure.
Public comment closed.
Staff and Commission Discussion
Commissioner Klink was disturbed the Trustees requested staff draft an amendment that included
language that would allow the Town and County to work under different regulations regarding
ADUs. It is concerning there is no data as to how many units are really available. There is nothing
in the draft amendment stating any of these ADUs will go to the workforce and not just retirees.
Until we have a plan in place to guarantee that these units will be rented by workforce, he would
have a hard time supporting it.
Chair Hull stated she understood Mr. Blackhurst’s comments. There are non‐workforce residents
living at Talons Point and Falcon Ridge. If it is so important to find workforce housing, why are
people not in the workforce allowed to live in those places?
Commissioner Hills stated she did not feel comfortable in making a decision on something that
needs more information.
Commissioner White agreed with Commissioner Klink.
Commissioner Moon stated this conversation is no different than the Vacation Rental discussion.
If we require permits for vacation rentals, then ADUs should be permitted, too. Those that are
operating illegally need to be brought into compliance. There is a significant enforcement issue
that needs to be taken into account before we can amended the code to basically be a duplex
community.
It was moved and seconded (White/Hills) to continue the proposed code amendment to the
September Planning Commission meeting to allow additional public input and staff time to
consider drafting code language to include controlled implementation of the ADU concept,
issuance of temporary permits for ADUs, establishment and implementation of an enforcement
plan and sunset provision, and to provide additional time for Planning Commission discussion
and the motion passed unanimously.
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 16, 2016
Board Room, Estes Park Town Hall
5.REPORTS
A. Estes Valley Board of Adjustment
1.Director Hunt reported the variance application for the Temple residence was continued to
the September 13th meeting
2.Director Hunt reported the height variance for the Community Center was approved. We
are expecting submittal of construction plans soon. The Inter‐Governmental Agreement
will be discussed by the Town Board at a meeting in the near future.
B. Estes Park Town Board
1.Director Hunt reported the Annexation Request for Mountain Meadow Subdivision was
approved August 9, 2016
2.Director Hunt reported the Habitat for Humanity fee waiver request will be addressed at
the next Town Board meeting.
C. Larimer County Board of Commissioners
1.Director Hunt reported a joint work session is scheduled for August 30, 2016 to discuss the
results of the County‐led Vacation Rental Task Force. The meeting time has been changed
to 8‐10 p.m. in order to accommodate County staff’s late afternoon meeting with state
and federal officials.
D. Downtown Plan Update
1.Director Hunt stated there have been some minor challenges, but the Town and the chosen
consultant are close to reaching a consensus with the contracted price.
E. Floodplain Mapping Update
1.Floodplain Administrator Tina Kurtz reported the public meeting on the hydrology study will
be October 26, 2016 from 8‐10 a.m. FEMA and one other firm will be conducting peer
reviews. The Town Board will have the hydrology study on their study session agenda on
October 25th. She reported the Big Thompson study (below Olympus Dam) will be
completed around the end of December, 2016. The Big Thompson Coalition will be
working on getting a master plan created, which will accelerate the mapping for that area.
The rest of the mapping for the Estes Valley will be done Spring, 2017. The area being
studied by the Silver Jackets program should be done late this fall. Ms. Kurtz clarified
anything below the Olympus Dam is outside the Estes Park jurisdiction.
F. Other
1.Director Hunt reported after four weeks as Director, he has noticed the Estes Valley
community has a great level of public participation, and of that he was appreciative.
Democracy is a slow process, but it is nice to have a high level of interest and good
questions raised by the Commission.
There being no further business, Chair Hull adjourned the meeting at 3:37 p.m.
_________________________________
Betty Hull, Chair
___________________________________
Karen Thompson, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, August 17, 2016
Minutes of a Regular meeting of the Transportation Advisory Board of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Rooms 202 & 203 of Town Hall, in
said Town of Estes Park on the 17th day of August, 2016.
Present: Kimberly Campbell
Gordon Slack
Ken Zornes
Tom Street
Stan Black
Belle Morris
Gregg Rounds
Amy Hamrick
Also Present: Greg Muhonen, Director of Public Works
Megan Van Hoozer, Public Works Administrative Assistant
Patrick Martchink, Trustee Liaison
Bob Holcomb, Town Board Liaison
Brian Wells, Shuttle Director
Absent: Ann Finley
Kevin Ash, Engineering Manager
Chair Campbell called the meeting to order at 12:01 p.m.
GENERAL DISCUSSION
It was moved and seconded to approve the July meeting minutes (Slack/Hamrick) and
the motion passed unanimously.
Due to circumstances, Gregg Rounds would have to leave the meeting early. As such, we
will first take a vote on the LOOP Environmental Assessment. During the discussion,
Member Slack stated that based off his conversations, less federal funds will be made
available for Town of Estes Park projects due to the lack of appreciation by residents
and the Town officials if we vote against the LOOP. He doesn’t like the LOOP but votes
‘Yes’ on it for these reasons. Slack believes RMNP should be the ones making changes
rather than the Town accommodating the rise in visitors and thus moving the problem
from RMNP to the Visitor Center.
Chair Campbell clarified that there is a lot of political discourse and there needs to be
lessons learned from all of this. Some have fears as they try to envision what it will be
like. Some want a bigger facility with more impact.
Member Morris feels that the LOOP will definitely be helpful. She stated that those
riding bicycles as well as pedestrians could be killed the way things are now. She feels
more emphasis needs placed on multimodal safety.
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Transportation Advisory Board – August 17th, 2016 – Page 2
Member Black mentioned that this has all be studied and the solution is always the
same – this is the best solution. Traffic will flow more smoothly. The facts remain on the
side of LOOP and basic ignorance of the information is causing opposition.
Those owners of ‘imminent domain’ properties have all the necessary information and
are on board with the decisions being made. If the LOOP is put out to public vote, a
large population of those affected will be left out as they reside outside the Town limits
or are visitors to the area.
SHUTTLE COMMITTEE UPDATES
Brian Wells with the Town of Estes Park Community Services Division Grant provided the
Shuttle Committee updates today. The Committee has determined not to apply for
federal funds in 2017 due to it being in the middle of a 2-year grant cycle. It was
determined it would be best to wait until the beginning of the 2018/2019 cycle to apply.
This will allow a start from the beginning to request the funds to be allocated.
The Shuttle serviced over 44,000 people in the month of July, 2016. August is showing
strong counts as well. The most requested stops are Safeway and the Post Office. The
Shuttle Committee will decide how best to implement a new stop along Rockwell Street.
Due to budget constraints, however, the routes for next year will remain the same.
PROJECT UPDATES, Greg Muhonen, Public Works Director
CDOT is currently striping on Hwy 34. On August 16, 2016, Greg requested CDOT paint
a double-left turn lane running South to East. The request was not passed along so it
won’t be done today. They WILL be able to repaint striped median to modify the
Northern portion and extend a leg of a dedicated South turn lane. They only need to
add the word ‘ONLY’ to provide the dedicated lanes. The shoulder also needs work to
create a uniform width of 6 feet.
There is also an issue with drivers entering the NB turn lane off Riverside onto Elkhorn
and having a continued fear of being hit. Painting will take place to add a solid white
line for the motorist to know it’s ok to proceed.
Estes Park Transit Facility Parking Structure: Two Requests for Proposals (RFP) will be
publish to Rocky Mountain E-Purchasing today. Both are for the Estes Park Transit
Facility Parking Structure – one for Construction Manager/General Contractor (CM/GC)
and one for an Independent Cost Estimator (ICE). Director Muhonen is optimistic on
funding.
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Transportation Advisory Board – August 17th, 2016 – Page 3
Dynamic Message Board: Director Muhonen’s current thoughts regarding the alternating
messages for the new DMB are are:
Line 1 > “RMNP Parking – FULL (red) or OPEN (green)”
Line 2 > “Downtown Parking – FULL (red) or OPEN (green)”
Line 3 > “Parking Garage – FULL (red) or OPEN (green)” or “Free Shuttle” with
an arrow .
TAB INITIATIVES
Kimberly brought the Estes Valley Master Trails Plan. The document is now being
published/disseminated. EVMTP would work collaboratively with TAB to devise the best
plan moving forward.
The Trails Committee will join the September TAB meeting so that a unified request for
trails work can be submitted to trustees. All recommendations need sent to Chair
Campbell by August 30, 2016 in preparation for the September 7, 2016 Special Meeting.
We will be looking at 2 trail-related items: 1) Town Board to adopt trails master plan;
and 2) request to combine our list of initiatives with the list generated by the trails
committee.
Director Muhonen will take request for the adoption of this plan to the Town Board next
week. Chair Campbell requested members bring 2-3 ideas for what they’d like to see
take place.
DOWNTOWN PARKING STRATEGY: Chair Campbell has revised the strategy to reflect
the June plan. Less of a public process and more ‘action’ oriented. Per Director
Muhonen, those involved in the Downtown Master Plan (DMP) have performed
significant public outreach. At this time, however, the DMP is in limbo until new
leadership consultants are retained. All are hoping that will take place in November,
2016. This transfers the onus of pub outreach to Downtown Parking Committee. Chair
Campbell will send revised version to members and request feedback/review within the
week.
OTHER BUSINESS
With no other business to discuss, Chair Campbell adjourned the meeting at 1:51 pm.
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Town of Estes Park, Larimer County, Colorado, September 7, 2016
Minutes of a SPECIAL MEETING of the Transportation Advisory Board of the Town of
Estes Park, Larimer County, Colorado. Meeting held in the Rooms 202 & 203 of Town
Hall, in said Town of Estes Park on the 7th day of September, 2016.
Present: Kimberly Campbell
Gordon Slack
Ken Zornes
Tom Street
Also Present: Kevin Ash, Engineering Manager
Kelly Stallworth, Pavement Manager
Megan Van Hoozer, Public Works Administrative Assistant
Absent: Bob Holcomb, Town Board Liaison
Ann Finley, Member
Amy Hamrick, Member
Greg Muhonen, Director of Public Works
Stan Black, Member
Belle Morris, Member
Gregg Rounds, Member
Chair Campbell called the meeting to order at 12:03 p.m.
GENERAL DISCUSSION
Chair Campbell began the meeting discussing the trails selected as priorities by the TAB.
Much discussion took place surrounding feasibility of the financial aspects, which trails
were most needed (visitors, safety, etc.) and although all listed are needed, following are
the two primary trails on TAB’s short list for the 2017 portion of the EVRPD Master Trails
Plan:
MacGregor Avenue Rebuild
Fall River Trail / Trail Extension
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Transportation Advisory Board – July 20th, 2016 – Page 2
MacGregor Avenue
o Bring trail surface/walking path into rebuild without building trail. $300K
from 1A.
Fall River Trail
o Design on this trail is nearly complete. This is a $6M project w/20% local
match @ $1.2M. Trail will need to be built in segments. High on list for
EVRPD. (Equals 2 years of full 1A funding) .
With no other business to discuss, Chair Campbell adjourned the meeting at 2:04 pm.
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Town of Estes Park, Larimer County, Colorado, August 19, 2016
Minutes of a Regular meeting of the Parks Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Town Hall Board Room, in said Town of
Estes Park on the 19th day of August, 2016.
Present: Merle Moore
Dewain Lockwood
Terry Rustin
Vicki Papineau
Also Kevin McEachern, Public Works Operations Manager
Present: Patrick Martchink, Trustee Liaison
Greg Muhonen, Director of Public Works
Megan Van Hoozer, Public Works Administrative Assistant
Absent: Celine Lebeau
Carlie Bangs
Ronna Boles
Brian Berg, Parks Division Supervisor
Co-Chair Moore called the meeting to order at 11:07 a.m.
GENERAL BUSINESS
It was moved and seconded (Papineau/Lockwood) to approve the July meeting minutes
with minor corrections and the motion passed unanimously.
ARTS DISTRICT UPDATE
Lars Sage encouraged everyone to make use of a new Arts District’s Calendar of
Events that can be found at www.estesarts.com. It provides excellent event/activity
coverage.
Lars extended an invitation for everyone to attend a community appreciation event
located at the Lake Estes Marina on August 31, 2016 from 5:00 pm to 7:00 pm. It’s a
“Thank You” to the community for their support for, and appreciation of, the arts.
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Parks Advisory Board – August 19th, 2016 – Page 2
Member Rustin asked about the current status of the proposed Scientific & Cultural Arts
District for Larimer County (includes four municipalities). Member Moore reported that
twice the number of signatures were received to advance the proposal to the November
ballot. This proposal is anticipated to generate over $12,000,000 annually for the Estes
Arts District as well as bring in needed sales tax dollars for the community.
PARKS DIVISION UPDATE
The newest, and final, instrument to Estes Park’s Musical Walkway has been installed
in honor of our volunteers. A ceremonial dedication will take place on August 31, 2016.
Member Papineau brought up a concern about the memorial signage located along that
river walk. While some memorial items are benches with placards, others are large,
stand-alone memorial signs donated by the Estes Valley Land Trust. While appreciated,
this type of public fixture should be funneled through the Parks Advisory Board for
appropriate assessment of the offering itself, and it’s placement in specified areas. This
would be the goal moving forward.
CSU Cheatgrass Study: Colorado State University (CSU), in conjunction with the Town
of Estes Park and Larimer County Recreation & Parks District, are conducting a 3-year
study of cheatgrass eradication methods. The method/product being tested, when used
in lower elevations, is highly effective. This study will show whether or not the higher
elevations will affect the performance. If successful, Larimer County may also begin to
utilize this method moving forward.
Estes Park In Bloom took place within the last month. Members of the committee will
travel in October to the Symposium and will find out if we were selected as winners this
year.
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Parks Advisory Board – August 19th, 2016 – Page 3
The Parks Department is also updating the Town’s irrigation systems in phases. This
will allow for better irrigation system management providing cost savings for the Town.
Additionally, the aeration and fertilization of the grounds has been taking place over the
past couple weeks as well as fencing around the trees in preparation of the 2016 rut.
Current Project Updates:
Children’s Reading Area at the Library: The Town’s project portion is complete, however
it is believed that the library may perform some additional changes.
Estes Park Transit Facility Parking Structure: With the go-ahead given on the new
parking structure, the area’s landscaping was discussed. Director Muhonen explained,
at a high level, the landscaping plans. He offered to bring the preliminary renderings for
review/discussion at the September PAB meeting.
Member Papineau expressed concern about the structure being built in the designated
location due to it being in a prime location along the river. She feels it doesn’t belong
there.
Member Rustin expressed his concern that, during construction (September 2016 –
June 2017) there will be fewer parking spaces in the VC South Lot.
North Bank River Restoration: Director Muhonen will be going in front of the Town
Board to request funding allocation of the Town’s portion to restore the river bank along
the south side of the Visitor Center.
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Parks Advisory Board – August 19th, 2016 – Page 4
DEVLOPMENT CODE PLANT LIST FINALIZATION
Chair Lebeau provided additional, primarily native, grasses for the Plant List. These
grasses have been added to the document and Co-Chair Moore will finalize the details.
Once complete, the document will be finalized and sent to PAB members.
AIPP ARTICLES FOR TRAIL-GAZETTE
Member Rustin pitched an idea to the Estes Park Trail-Gazette (EPTG) editor to print
series of stories about Arts In Public Places (AIPP) with photos, artist details, etc.. The
editor was very receptive. There would be approximately 40 articles annually on the
topic.
Member Rustin brought it before the PAB because the data to be provided in the
articles belongs to PAB and he wanted to ensure he had agreement among the
members to utilize that information elsewhere. All members agreed. Links will be shown
on the Town’s Website, Estes Park Trail Gazette’s website, and the Estes Park Arts
District website once the articles are implemented. The AIPP Brochure will need
updated with all associated links.
OTHER BUSINESS
With no other business to discuss, Co-Chair Moore adjourned the meeting at 11:50 a.m.
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To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson
Date: September 27, 2016
RE: Liquor Licensing: Transfer of Ownership from Taylor Legg, LLC dba
FAJIA RITA’S, to Longs Peak Inc. dba FAJITA RITA’S, 1560 Big
Thompson Avenue, Hotel and Restaurant Liquor License.
Objective:
Transfer an existing liquor license located at 1560 Big Thompson Avenue to the
applicant, Longs Peak Inc.
Present Situation:
A Hotel and Restaurant Liquor License is currently held at the location referenced
above by Taylor Legg, LLC dba FAJIA RITA’S. The applicant is requesting a transfer of
the license and submitted a complete application to the Town Clerk’s office on August
26, 2016. A temporary permit was issued on August 26, 2016. The temporary permit
authorizes the transferee to continue the sale of alcohol beverages as permitted under
the permanent license while the application to transfer ownership of the license is
pending.
The applicant has submitted all necessary paperwork and fees and is aware of the TIPS
training requirement. All owners of Longs Peak Inc. are current owners of other liquor
licenses in town and have previously completed TIPS training.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to Longs Peak, Inc. dba FAJITA RITA’S.
Advantages:
The transfer of the license provides the business owner with the opportunity to continue
operating an existing, liquor-licensed establishment without an interruption of service to
its clientele.
Disadvantages:
The business owner is denied the opportunity to continue operating an existing liquor-
licensed business during the licensing process.
Town Clerk’s Office Memo
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Action Recommended:
Approval to transfer the existing Hotel and Restaurant Liquor License to Longs Peak
Inc.
Budget:
The fee paid to the Town of Estes Park for a Hotel and Restaurant Liquor License
transfer is $1319. The fee covers the administrative costs related to processing the
application, background checks, and business licensing. In addition, the renewal fee
payable to the Town for a Hotel and Restaurant Liquor License is $869 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny the Transfer Application for a Hotel and Restaurant Liquor
License filed by Longs Peak, Inc. dba FAJITA RITA’S.
Attachments
Procedures for Transfer
Form DR 8404
Form DR 8404-I for Dinesh Shakya
Form DR 8404-I for Mahesh Shakya
Form DR 8404-I for Bishwa Lama
Form DR 8404-I for Viktoryia Smatryskaya
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April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application and confirm the following:
The application was filed August 26, 2016 .
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Corporation .
There is a police report with regard to the investigation of the applicants.
Status of T.I.P.S. Training:
Unscheduled X Completed Pending Confirmation
MOTION:
I move the Transfer Application filed by Longs Peak Inc. doing business as
FAJITA RITA’S for a Hotel and Restaurant License be approved/denied.
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COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Randy Hunt, Community Development Director
Alison Chilcott, Senior Planner
Date: September 27, 2016
RE: Downtown Plan Consultant Contract Approval
Objective:
Obtain approval to enter into a professional services contract with Winter and Company
for consulting services to prepare a downtown plan.
Present Situation:
The process for preparing the Estes Park Downtown Plan was initiated in early 2015.
The Requests for Proposals (RFP) was released in July 2015. Eight consulting firms
submittal proposals. Town Board formed a Downtown Plan Selection Committee to
review the proposals and provide a recommendation to Town Board on which
consultant to select. The committee ranked the proposals as shown in Table 1 and
recommended Town Board select Logan Simpson.
Town Board followed the recommendation of the committee and entered into a
professional services agreement with Logan Simpson. In late January/early February
2016, Logan Simpson began work. Services, particularly the public engagement
services, were not performed as contractually required, so in April 2016 the Town
terminated the contract with Logan Simpson.
Town staff began contract discussions with Winter and Company, the firm that
submitted the second ranked proposal. Staff and the Town Board recommended
retaining local architect Steve Lane’s involvement in this project. Both Steve Lane and
Winter and Company were receptive to this and Steve Lane is now a member of the
Winter team.
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Hiring a new firm and re-starting the project has delayed project completion, which
necessitated staff requested an amendment to the Town’s grant agreement with DOLA.
DOLA approved the amendment in August 2016, which extended the project
performance end date from September 16, 2016 to December 31, 2017.
Proposal:
Town staff and Winter and Company have negotiated a scope of work that delivers on
the original intent of the downtown plan. Our funding agency, DOLA, has review
Winter’s scope and expressed no concerns.
Staff recommends Town Board approve the contract, as presented. The term of the
contract is from September 2017 through December 2017 with a not-to-exceed sum of
$210,000. This total includes the $190,000 DOLA grant and $20,000 from the Town’s
General Fund. The $20,000 is the agreed-upon amount for Steve Lane’s services.
Advantages:
Winter and Company is a highly-qualified, Colorado based, nationally respected firm
that has a proven-track record in developing long-range plans and engaging the public
in development of those plans.
Winter and Company has formed a strong team to prepare the downtown plan. In
addition to Winter and Company project team members and their general role in this
project are as follows: Centro (marketing, housing, creative districts); Studio INSITE
(concept illustration, streetscape); Kimley Horn (transportation, parking, infrastructure,
flood mitigation); Alta (complete streets, bikeways); Race Studio (resiliency); and Basis
Architecture (local architect and Estes Park downtown design/construction experience).
Disadvantages:
The total project cost has increased with the change in consultants. The project was
originally planned to be fully funded by a DOLA grant in the amount of $190,000, but is
now partially funded by the Town. The contract with Winter is for $210,000.
Action Recommended:
The next step in re-starting the downtown plan project is hiring a consultant. Staff
recommends that Town Board authorize the Mayor to execute a contract with Winter
and Company. The proposed contract is attached.
Budget:
This project is primarily funded through an Energy and Mineral Impact Assistance Fund
grant awarded by the Colorado Department of Local Affairs in the amount of $190,000.
Staff proposes to fund the remainder of the proposed contract, $20,000, from General
Fund account 101-1600-416.22-13 Contract/Skilled Services. An additional $23,679.80
has also been expended in connection with terminating the Logan Simpson contract.
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Project Budget
$190,000 DOLA grant
$20,000 General Fund (Addition of local architect)
$23,679.18 General Fund (Paid to Logan Simpson for services)
$233,679.18 Total
Level of Public Interest
High interest in the Downtown Plan itself;
Moderate to Low interest in the professional services contract
Sample Motion:
I move for the approval/denial of the contract, as presented, and authorize the Mayor
to sign the contract.
Attachments:
Professional Services Contract
Consultant Scope of Work
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PROFESSIONAL SERVICES CONTRACT
This Professional Services Contract (this “Contract”) is entered into this 27th day of September,
2016, by and between the Town of Estes Park, Colorado (“Town”), Larimer County, State of
Colorado and Winter & Co. (“Consultant”).
Whereas, the Town requires professional services; and
Whereas, the consultant or firm has the requisite expertise and experience to perform required
professional services; and
Whereas, the parties desire to contract with one another to complete the following project:
Estes Park Downtown Plan
Now, therefore, in consideration of the mutual covenants and agreements contained herein, the
parties agree to the following.
I. Scope of Services
A. The Consultant shall perform the services set forth in the Estes Park: Scope of Work
(Exhibit A), attached hereto. The Town reserves the right to remove any of the
services from Exhibit A upon written notice to Consultant. In the event of any
conflict between this Contract and Exhibit A, the provisions of this Contract shall
prevail.
B. Consultant shall furnish all labor and materials required for the complete and prompt
execution and performance of its duties, obligations, and responsibilities which are
described or reasonably implied in the Request for Proposal and in the Scope of
Services.
C. No material change to the Work, 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
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authorized to modify any term of this Contract, either directly or implied by a course
of action.
II.Price
The Town shall pay the Consultant a sum not to exceed $210,000.00 (Two hundred and
ten thousand dollars). The Town shall make payment within thirty days of receipt and
approval of monthly invoices, which shall identify the specific Services performed for
which payment is requested. The amount specified herein shall include the fees and
expenses anticipated to be incurred by Consultant in performing all services hereunder, as
described in Scope of Services.
III.Invoices and Invoicing
The Consultant shall invoice the Town regularly and preferable monthly. Each invoice
shall be sufficiently detailed for work performed within the time frame of the invoice
period and the Contract. Invoices shall include a description of tasks and percentage
completed during the billing cycle. Project travel expenses shall be itemized and
submitted with invoices.
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 Contract, the Town is
satisfied that the services have been completed and Consultant’s other obligations under
this Contract have been fulfilled, the Town will 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.Term
This Contract shall be effective from September 27, 2016 through December 31, 2017.
This Contract may be extended or renewed by written agreement of the parties.
V. Appropriation
To the extent this Contract constitutes a multiple fiscal year debt or financial obligation
of the Town, it shall be subject to annual appropriation pursuant to the Town’s annual
budgeting process and Article X, Section 20 of the Colorado Constitution. The Town
shall have no obligation to continue this Contract in any fiscal year in which no such
appropriation is made. The Town shall inform Consultant, in writing, if the Town Board
does not appropriate sufficient funds for the Town’s financial obligation for this Contract
for any fiscal year.
To the extent this Contract is being supported with grant funds, it shall be subject to the
Town’s success at securing and maintaining these funds for continued support. If for any
reason the grant funds do not continue supporting this contract, the Town shall have no
obligation to continue this Contract.
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VI.Independent Consultant
The parties agree that the Consultant is an independent Consultant and is not an employee
of the Town. The Consultant is not entitled to workers’ compensation benefits from the
Town and is obligated to pay federal and state income tax on any money earned pursuant
to this Contract. Consultant shall make no representation that it is a Town employee for
any purposes.
VII.Insurance Requirements
A. Policies. The Consultant and its subconsultants, if any, shall procure and maintain at
their own cost, for the duration of this Contract the following insurance policies and
shall provide the Town with a certificate of insurance evidencing such upon execution
of this Contract:
1. Comprehensive general liability insurance insuring the Consultant and naming the
Town as an additional insured with minimum combined single limits of
$2,000,000 each occurrence and $1,000,000 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 consultants, products, and completed operations. The
policy shall contain a severability of interests provision. No additional insured
endorsement shall contain any exclusion for bodily injury or property damage
arising from completed operations.
2. Comprehensive automobile liability insurance insuring the Consultant and naming
the Town as an additional insured against any liability for personal injury, bodily
injury, or death arising out of the use of motor vehicles and covering operations
on or off the site of all motor vehicles controlled by the Consultant which are used
in connection with this Contract, whether the motor vehicles are owned, non-
owned, or hired, with a combined single limit of at least $1,000,000.
3.Professional liability insurance insuring the Consultant against any professional
liability with a limit of at least $1,000,000 per claim and annual aggregate. (Note:
this policy shall only be required if the Consultant is an architect, engineer,
surveyor, appraiser, physician, attorney, accountant, or other licensed
professional.)
4. Consultant shall adhere to Colorado laws for Workers’ Compensation insurance.
5. Failure on the part of the Consultant to procure or maintain the insurance required
here in shall constitute a material breach of this Contract upon which the Town
may terminate this Contract, 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.
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B. Requirements. Required insurance policies shall be with companies qualified to do
business in Colorado with a general policyholder’s financial rating acceptable to the
Town. Said policies shall not be cancelable or subject to reduction in coverage limits
or other modification except after thirty days prior written notice to the Town. The
Consultant shall identify whether the type of coverage is “occurrence” or “claims
made.” If the type of coverage is “claims made,” which at renewal the Consultant
changes to “occurrence,” the Consultant shall carry a six-month tail. Comprehensive
general and automobile policies shall be for the mutual and joint benefit and
protection of the Consultant and the Town. Such policies shall provide that the Town,
although named as an additional insured, shall nevertheless be entitled to recover
under said policies for any loss occasioned to it, its officers, employees, and agents by
reason of negligence of the Consultant, and/or subconsultants. Such policies shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
VIII.Indemnification. The Consultant agrees to indemnify and hold harmless the Town, its
officers, employees, and agents from and against all liability, claims, and demands on
account of any injury, loss, or damage, including court costs and attorneys’ fees, arising
out of or connected with the Services, if such injury, loss, or damage, or any portion
thereof, is caused by, or claimed to be caused by, the negligent act, omission, or other
fault of the Consultant or any subconsultant of the Consultant, or any officer, employee,
or agent of the Consultant or any other person for whom the Consultant is responsible.
The Consultant’s indemnification obligation shall not be construed to extend to any
injury, loss, or damage to the extent caused by the act, omission, or other fault of the
Town. This paragraph shall survive the termination or expiration of this Contract.
IX.Professional Responsibility.
A. Consultant hereby warrants that it is qualified to perform the Services, holds all
professional licenses required by law to perform the Services, and has all requisite
corporate authority to enter into this Contract.
B. The Services shall be performed by Consultant in accordance with generally accepted
professional practices and the level of competency presently maintained by other
practicing professional consultants and firms performing the same or similar type of
work in the Denver metro area. The Services 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, surveys and the coordination of all designs, drawings, specifications,
reports, and other services furnished by Consultant under this Contract. Consultant
will assume any information originating from the Town and provided to Consultant,
including technical data, maps and GIS information, is accurate. Consultant will not
be held responsible for errors in Town provided information.
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D. Consultant shall, without additional compensation, correct or resolve any errors or
deficiencies in its designs, drawings, specifications, reports and other services, which
fall below the standard of professional practice, and reimburse the Town for costs
caused by errors and omissions which fall below the professional practice standards.
E. 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 its services. Neither the Town's review,
approval or acceptance of nor payment for any of the Consultant’s services shall be
construed to operate as a waiver of any rights under this Contract or of any cause of
action arising out of the performance of this Contract.
F. 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 with any person and/or entity which shall be the
recipient of any contract or work for the services provided by Consultant pursuant to
the terms and conditions of this Contract. 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 Town.
G. The Consultant shall disclose any personal or private interest related to property or
business within the Town. Upon disclosure of any such interest, the Town shall
determine if the interest constitutes a conflict of interest. If the Town determines that
a conflict of interest exists, the Town may treat such conflict of interest as a default
and terminate this Contract.
H. Upon execution of this Contract, Consultant shall furnish to the Town a list of
proposed subconsultants, and Consultant shall not employ a subconsultant to whose
employment the Town reasonably objects. All contracts between Consultant and
subconsultants shall conform to this Contract.
I. Consultant shall allow access by the Town, and funding entities’ duly authorized
representatives to any books, documents, papers and records of the Consultant which
are directly pertinent to this Contract for the purpose of audits, examinations, excerpts
and transcripts. Consultant shall retain all required records for three (3) years after
the Town makes final payments and all other pending matters are closed.
X. Governmental Immunity Act. No term or condition of this Contract shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements,
immunities, rights, benefits, protections, limitations of liability, and other provisions of
the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any
other applicable law.
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XI.Compliance with Applicable Laws.
A. Generally. The Consultant shall comply with all applicable federal, state and local
laws, including the ordinances, resolutions, rules, and regulations of the Town. The
Consultant shall solely be responsible for payment of all applicable taxes and for
obtaining and keeping in force all applicable permits and approvals.
XII.Termination.
A. This Contract shall terminate at such time as the Services are completed and the
requirements of this Contract are satisfied, or upon the Town's providing Consultant
with advance written notice, whichever occurs first. If the Contract 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 the Contract is terminated for any reason other
than cause prior to completion of the Services, any use of documents by the Town
thereafter shall be at the Town's sole risk, unless otherwise consented to by
Consultant.
B. Without Cause. Either party may terminate this Contract without cause upon thirty
(30) days prior written notice to the other. The Town shall be liable to pay the
Consultant for Services performed as of the effective date of termination, but shall not
be liable to the Consultant for anticipated profits.
C. For Default. Each and every term and condition hereof shall be deemed to be a
material element of this Contract. In the event either party fails to perform according
to the terms of this Contract, such party may be declared in default. If the defaulting
party does not cure said breach within ten (10) days of written notice thereof, the non-
defaulting party may terminate this Contract immediately upon written notice of
termination to the other. In the event of termination of this Contract, the non-
defaulting party shall be entitled to recover all damages caused by said default. In the
event that Consultant is in default, the Town may withhold payment to the Consultant
for the purposes of setoff until such time as the amount of damages is determined.
XIII.Notices. Written notices shall be directed as follows and shall be deemed received when
hand-delivered or emailed, or three days after being sent by certified mail, return receipt
requested:
Town of Estes Park Consultant
Randy Hunt, Director
Community Development Department
Town of Estes Park
PO Box 1200
Estes Park CO 80517
rhunt@estes.org
970-577-3719
Nore' Winter
Winter & Company
1265 Yellow Pine Avenue
Boulder, CO 80304
nore@winterandcompany.net
303-440-8445
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XIV.Special Provisions.
Not applicable.
XV.Other Provisions.
A. Time of the Essence. Time is of the essence in performance of the Services and is a
significant and material term of this Contract.
B. Entire Contract. This Contract contains the entire agreement of the parties relating to
the subject matter hereof and, except as provided herein, may not be modified or
amended except by written agreement of the parties. In the event a court of competent
jurisdiction holds any provision of this Contract invalid or unenforceable, such
holding shall not invalidate or render unenforceable any other provision of this
Contract.
C. Assignment. The Consultant shall not assign this Contract without the Town’s prior
written consent.
D. Governing Law. This Contract shall be governed by the laws of the State of
Colorado, and venue shall be in the County of Larimer.
E. Instruments of Service. Drawings, models, specifications, research, reports, surveys,
studies, data, photographs and other documents, including those in electronic form,
prepared by Consultant and its subconsultants in the performance of obligations under
this Contract are Instruments of Service for use solely with respect to the project
identified in this Contract. Consultant and its subconsultants shall be deemed the
authors and owners of their respective Instruments of Service and shall retain all
common law, statutory and other reserved rights, including copyrights; except that,
upon execution of this Contract, the Consultant grants to the Town a non-exclusive,
perpetual, fully-paid, non-revocable license to reproduce and use the Consultant's
Instruments of Service solely in connection with the above-referenced project,
including the project's further development by the Town and others retained by the
Town for such purposes. The Consultant shall obtain similar licenses from its
subconsultants consistent with this Contract. Consultant shall, during the term of this
Contract provide the Town with copies of all Instruments of Service prepared by
Consultant or its subconsultants contemporaneous with such preparation, and shall
provide them in electronic format or any other format requested by the Town.
F. Work Products. 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 Work. 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.
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G. Information Disclosed. 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.
H. Attorney’s Fees and Costs. In the event it becomes necessary for either party to bring
any action to enforce any provision of this Contract or to recover any damages from
the other party as a result of the breach of this Contract, including, but not limited to,
defective work, and the party that prevails in such litigation, the other party shall pay
the prevailing party its reasonable attorney’s fees and costs as determined by the
court.
I. Electronic Signature. This Contract may be executed by electronic signature in
accordance with C.R.S. § 24-71.3-101 et seq.
J. No Waiver. Delays in enforcement or the waiver of any one or more defaults or
breaches of this Contract by the Town shall not constitute a waiver of any of the other
terms or obligation of this Contract.
K. Third Parties. There are no intended third-party beneficiaries to this Contract.
L. Severability. If any provision of this Contract 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.
M. Public Employees’ Retirement Association (PERA). It is the Consultant’s
responsibility to inform the Town if they are a PERA Employer and/or if any of
Consultant’s employees providing services pursuant to this Contract are PERA
retirees. Also, Consultant shall inform the Town if any subconsultant’s employees
providng services pursuant to this Contract are PERA retirees.
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Signature page
Town of Estes Park, Colorado
Print name and title:
Signature:
Date:
ATTEST:
Town Clerk
Consultant
Print name and title:
Signature:
Date:
83
Exhibits and Attachments
Exhibit A – Scope of Work
Exhibit B – Town Board of Trustees Approval of Contract
84
9/19/2016
ESTES PARK DOWNTOWN PLAN: SCOPE OF WORK
This document describes the scope of services to be provided to the Town of Estes Park by the Winter &
Company team for preparation of the Downtown Plan focusing on setting a broad community vision for
the future of Downtown. Please note that this document assumes that each deliverable will include one
administrative draft. For each administrative draft, Town staff will provide one, internally-reconciled set of
comments. The final draft of a given deliverable will be prepared based on these comments.
This scope also assumes that the level of technical analysis will be minimal for parking, vehicular
transportation, utility infrastructure, transit and other technical topics. Many of these technical topics have
already received significant attention. As such, this project presents an opportunity to “step back” and
build community consensus around a vision for Downtown. The focus of the project will be on setting a
broad land use and urban design vision, setting priorities for implementation and further study, and
incorporating resiliency policies into the process and final products. Within the limitations of the scope
described below in Tasks 1 through 7 and through a public planning process, the Downtown Plan will be
developed that includes but is not limited to:
•A conceptual plan that defines a vision of the downtown in 2025, describes what the downtown
will look like socially, economically and physically
•Identification of a clear set of priorities, actions, strategies, and financing mechanisms to achieve
the 2025 vision
•The ability to serve as a blueprint for future development and infrastructure improvements
downtown
•Integration of hazard and climate change, land use (including housing), transportation, parking,
infrastructure, urban design, and economic competitiveness into a unified conceptual plan
•Utilization of low impact development strategies and green infrastructure to the greatest extent
possible
•Conceptual design of the significant public investment project/sites needed to mitigate the risk of
flooding downtown
•Resilience policies and objectives within different topic areas in the Downtown Plan
Task
1. Project
Initiation
(Complete
November
2016)
In this task, the Winter & Company team will take initial steps to start the project, including conducting
initial consultant team sessions, holding a kick-off meeting and participating in site tours.
a.Kick-‐off
Meeting/
Work
Scope
Refinement
Winter & Company will conduct an internal kick-off meeting with Town staff to discuss working process,
expectations for deliverables, preliminary schedule and other similar topics. We will then refine the scope
of work submitted in our proposal in coordination with our team and Town staff.
b.Background
Review
and
Data
Request
The Winter & Company team will develop a data and background request to be submitted to staff. Once
received, we will review existing information and identify any data gaps that need to be addressed.
Professional Services Contract Exhibit A Scope of Work 85
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c.Base
Map
Preparation
Winter & Company will comment on the initial project basemap prepared by previous consultants. Minor
adjustments or more detailed mapping may be beneficial to the project. The resulting map will clearly
identify the Plan Area boundary, street names, parcels and other primary features to be determined. If
more detailed mapping is required for the project, this scope assumes that Town staff will prepare maps
with guidance and review from the Winter & Company team.
d.Team
Kick-‐off
and
Site
Tour
Winter & Company, Centro, Kimley Horn and BAS1S will meet with Town staff for an initial kick-off
meeting and site tour. The kick-off meeting will focus on scope review, schedule review, communications
protocol, background data collection and other similar topics. Town staff will then lead a site tour of the
Plan Area.
e.Public
Engagement
Strategy
Memo
Winter & Company will provide suggestions and edits for the Public Engagement Strategy Memo prepared
by the previous consultants. The revised document will serve as a guide for involvement opportunities and
outreach efforts associated with the project. The Public Engagement Strategy will include a tentative
project schedule highlighting the sequence for workshops, public meetings and other activities. The Public
Engagement Strategy Memo will also identify a strategy for soliciting input from out-of-town property
owners.
•Project Branding. This scope of work assumes that the original branding for the project is
complete and will remain intact. All logos and other related information and materials will be
provided to Winter & Company for use in Downtown Plan materials.
•Project Website. This scope of work assumes that Town staff will maintain and update the
project website as necessary throughout the process. The Town will be responsible for posting
updates, outreach materials and deliverables to the project website throughout the process. Winter
& Company will assist by reviewing and/or preparing web content.
•Flyers, Postcards and Other Outreach Materials. Winter & Company will design outreach
materials as needed for the project, including workshop flyers and postcards. This scope assumes
that Town staff is responsible for printing and distribution.
•Project Fact Sheet. A one-page fact sheet that summarizes the key aspects of the project will be
provided to educate stakeholders and community members. The Fact Sheet will be available for
use throughout the life of the project.
Task
2. Existing
Conditions,
Market/Housing
Overview
and
Issues
Identification
(Complete
January
2017)
In this task, the Winter & Company team will assess and summarize existing conditions, including a broad
overview of market conditions and housing, in the Plan Area.
a.DPAC
Meeting
#1:
Project
Introduction
and
Issues
Identification
Winter & Company, BAS1S and Town staff will conduct an initial meeting with the DPAC to introduce
the project, establish roles for the DPAC and solicit initial input on issues and opportunities in
Downtown. It is assumed that this meeting will be conducted on the same day as the Technical Advisory
Committee (TAC) meeting described below to create efficiencies. Team members from Centro and
Kimley Horn will participate by phone or webcam as appropriate.
Professional Services Contract Exhibit A Scope of Work 86
9/19/2016
b.Technical
Advisory
Committee
(TAC)
Meeting
#1:
Project
Introduction
and
Issues
Identification
Winter & Company and BAS1S will facilitate a meeting with the TAC to introduce the project, solicit
initial input and identify coordination opportunities. It is anticipated that that the TAC will include
representatives from Town staff, including but not limited to, Community Development, Community
Services, Cultural Services and Public Works, as well as members from regional agencies that provide
services or have other interests in the area. Team members from Kimley Horn will participate by phone or
webcam as appropriate.
c.Stakeholder
Interviews
Winter & Company and select team members will conduct a series of stakeholder interviews to gain initial
input from those best acquainted with the Plan Area’s history and opportunities. This will include up to
eight approximately 45-minute interview sessions, ranging from one-on-one sessions to focus groups. It is
anticipated that the stakeholders will include a variety of interests, including property owners,
neighborhood representatives, representatives from outside agencies, community leaders, advocacy groups,
residents and others. This will include interviews to be conducted by Centro focusing on opportunities for
funding, appetite for supporting funding, and other similar topics. BAS1S will participate in up to four key
meetings to be defined.
d.Administrative
Draft
Existing
Conditions
and
Issues
White
Paper
The Winter & Company team will prepare a brief (about 12 page faces) summary of existing conditions,
focusing on topics that are most relevant to the Downtown Plan effort. The product will provide key maps
and diagrams accompanied by limited supporting text in bullet point format summarizing the critical
findings. This document will also summarize critical issues and opportunities that have been identified by
staff, the DPAC and other stakeholders.
1.Land
Use
and
Urban
Design
Winter & Company will briefly describe existing land use patterns in the Plan Area. Winter & Company
will also prepare 1 to 2 maps illustrating existing urban design and character in the Plan Area. Maps will be
supported by extensive Downtown imagery. BAS1S will review and comment on this work.
2.Parking
and
Access
Management
Kimley-Horn will summarize known information, including existing traffic data, likely impact of the one-
way couplet installation, and documentation of alternative transportation options (i.e., public transit,
bicycle, pedestrian behavior). A map of existing public and private parking areas will also be included along
with a brief (no more than two (2) page) narrative outlining Kimley-Horn’s understanding of utilization,
turnover, peak periods and demand based on data available in existing technical reports. It is Kimley-
Horn’s understanding that the Town has recently invested in several parking and transportation technical
analyses (i.e., 2013 Estes Parking and Transit Report) and can provide up to date parking data (i.e., counts,
utilization, heat maps). As part of the existing conditions assessment, Kimley-Horn will identify any gaps
in parking and/or transportation data that the Town would benefit from collecting as part of the
Downtown Plan process and/or a future planning efforts. As a general rule, it is recommended that the
parking data (i.e., occupancy, utilization, duration and/or turnover) used to formulate parking management
recommendation should not be more than 2-3 years old. Kimley Horn will prepare map and briefly
summarize bicycle and pedestrian facilities based on observations and existing background information
and data.
Professional Services Contract Exhibit A Scope of Work 87
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3.Flooding
Hazards
Kimley-Horn will summarize work completed to date by the Town, including review of updated flood
modeling, for both the 100-year ‘no-action’ flood plain and the proposed flood plain. Existing
recommendations and plans for flood mitigation specific to enhancing the downtown’s attractiveness,
public spaces, business growth and housing options will be summarized, including known issues and a
brief description of where the Town/others are at with addressing the issues. Kimley-Horn’s summary will
be based on and limited to the information provided by the Town.
4.Environmental
Assets
and
Vulnerabilities
Race Studio will review the key environmental assets associated with Downtown as defined by the team.
Assets may include the river, forest, recreational opportunities, town character/culture/events and other
similar features. Vulnerabilities could include drought, flooding, fires, invasive species, city-wildlands
interface and critical infrastructure.
5.Funding
Opportunities
and
Challenges
Centro will prepare a section to identify funding opportunities and challenges related to Downtown
improvements.
e.Administrative
Draft
Market/Housing
Overview
Concurrent with Task 2.d, Centro will conduct a full review of all pertinent information, economic
analyses and studies to-date, summarizing the findings and tying the findings to funding
potential/opportunities.
f.Final
Draft
Existing
Conditions
and
Issues
White
Paper
The Winter & Company team will revise the Administrative Draft Existing Conditions and Issues White
Paper based on comments from Town staff.
g.Final
Market/Housing
Overview
Centro will revise the Administrative Draft Market/Housing overview based on comments from Town
staff.
Task
3. Community
Goals
and
Objectives
Identification
(Complete
February
2017)
In this task, the Winter & Company team will work with Town staff, the DPAC and community members
to identify critical goals and objectives for Downtown.
a.Community
Workshop
#1
Materials
In this task, Winter & Company will prepare materials for Community Workshop #1. Materials will
include an agenda, comments sheets, display boards, workshop exercise sheets and other similar materials
for presentations and activities for Community Workshop #1. Kimley-Horn and BAS1S will review and
comment on the materials.
b.Community
Workshop
#1:
Project
Overview,
Existing
Conditions
and
Initial
Visioning
Winter & Company, with assistance from Kimley-Horn and BAS1S, will facilitate a workshop with
community members to introduce the project, present an overview of existing conditions and begin to
Professional Services Contract Exhibit A Scope of Work 88
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establish the long-term vision for Downtown. It is anticipated that the workshop will begin with an
introductory presentation and include interactive small group work sessions and a “report-back” period.
c.Community
Workshop
#1
Summary
Winter & Company will prepare a brief summary of the Community Workshop #1, including
identification of key input themes.
Task
4. Visioning
and
Evaluation
(Complete
April
2017)
In this task, the Winter & Company team will work with Town staff, the DPAC and community members
in a two-day work effort to begin identifying concepts and strategies that build on the broad input received
during Community Workshop #1.
a.DPAC
Meeting
#2:
Preliminary
Workshop/On-‐site
Work
Session
Outline
and
Schedule
Winter & Company and BAS1S will facilitate a meeting with the DPAC to present the draft schedule and
approach for the two-day work effort. We will discuss our approach and solicit input from Committee
members.
b.Workshop/On-‐Site
Work
Session
Preparation
Winter & Company will prepare materials, including boards, activity sheets and agendas, for the multi-day
charrette. Materials will take into account input received in DPAC Meeting #3.
c.Workshop/On-‐site
Work
Session
In this task, the Winter & Company team will facilitate a two-day outreach and work effort in Downtown
Estes Park. This will include a variety of activities, meetings and events focused on further defining a clear
vision for Downtown Estes Park. We will work with staff and the DPAC to create an itinerary and set of
activities for the event, but a preliminary outline is provided below. Winter & Company, Centro, Studio
Insite, Kimley Horn and BAS1S will all participate in some or all of the On-Site Worksession events.
•Day
1
•Staff Meeting
•Stakeholder Sessions
•Community Workshop #2
•Day
2
•Explore Placemaking Concepts
•Explore Transportation/Parking Concepts
•Identify Economic Strategies
d.DPAC
Meeting
#3:
Workshop/On-‐site
Worksession
Debrief
Winter & Company, Kimley-Horn and BAS1S will facilitate a meeting with the DPAC to review, discuss
and synthesize the input received during the two-day work effort.
e.Workshop/On-‐site
Worksession
Summary
Winter & Company will prepare a brief summary of the multi-day charrette and the major input themes
that came out of the event.
Professional Services Contract Exhibit A Scope of Work 89
9/19/2016
Task
5. Plan
Development
(Complete
September
2017)
In this task, the Winter & Company team will develop the Draft Downtown Plan.
a.Administrative
Draft
Downtown
Plan
In this task, the Winter & Company team will prepare the Administrative Draft Downtown Plan. The
Administrative Draft Plan will build on the Plan Concept developed above to provide additional details
regarding recommendations as well as background about the project, the community process and other
information. It is anticipated that each chapter will include broad goals, objectives and policies for the
topic area along with more detailed strategies, design concepts and initiatives. Chapters will include
illustrative material, photos examples, diagrams and other graphic materials in order to clearly convey the
concepts and ideas that are presented.
1.Introduction
This chapter will introduce the plan and provide background information for the reader.
2.Process
This chapter will describe the public process, including workshops, the Workshop/On-site Worksession,
hearings and other important events that led to the development of the Plan
3.Plan
Vision
This chapter will describe the vision and concept for Downtown. The content will be broad in nature and
graphic-oriented in order to articulate the “big picture” vision for Downtown Estes Park. This will focus
on a list of broad, overarching principles to guide future development, public improvements,
implementation and other Downtown Plan topics. The Plan Vision will focus on Plan Area-wide concepts.
This chapter will also likely include the 3d perspective sketches developed during the On-site Worksession
by Studio Insite as noted in Task 4. If necessary, Studio Insite will make minor refinements to the original
sketches prepared during the On-site Worksession for inclusion in the Plan document. This chapter will
include a “bubble diagram” identifying future subareas or character areas envisioned for Downtown Estes
Park.
4.Land
Use
Concept
This section will provide a broad description of the proposed land uses for Downtown. It will also include
a land use concept map and photo analogies that represent the proposed uses. Winter & Company will
prepare this content with assistance from BAS1S.
It is anticipated that recommended land uses will vary by specific subareas within Downtown as identified
on the “bubble diagram” map described above under “Plan Vision.” This chapter will also identify land
uses currently permitted under the current zoning code that may conflict with the Downtown Plan, or
identify these land uses in a separate memorandum to Town staff.
5.Urban
Design
Concept
This chapter will provide an urban design framework and guidelines for Downtown. It will identify
recommendations for urban form, open space systems, streetscape design and the connectivity and
relationships between all these features. This chapter will be graphically rich, relying on 3d models,
conceptual site designs and conceptual streetscape designs and photos to illustrate the urban design
Professional Services Contract Exhibit A Scope of Work 90
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objectives for the area. BAS1S will also create an architectural elevation showing façade composition and
recommended materials for Downtown development. This chapter will also identify key areas of the
EVDC (Estes Valley Development Code) that would require modification in order to ensure consistency
with the Downtown Plan’s urban design recommendations, or these items will be identified in a separate
memorandum to Town staff.
In addition, the Winter & Company team will prepare specific site design recommendations for up to three
key opportunity sites within the Plan Area. BAS1S and Winter & Company will collaborate to develop
“sketch-level” conceptual site plans for up to three opportunity sites in the Plan Area. Site Plans will be
strictly conceptual, but will illustrate a realistic and plausible redevelopment scenario that shows building
footprints, landscaping and open space, on-site parking, and other basic site and development features.
These conceptual site plans will be developed for actual sites or hypothetical sites that reflect realistic
parcel configurations and site constraints in Downtown. Sites will be limited to 10 acres in area.
BAS1S will prepare simple site cross-sections indicating development scale, building mass articulation and
potentially how topography and flood mitigation could be addressed in project design.
BAS1S and Winter & Company will then identify key regulatory barriers in the Town’s current zoning to
realization of each site concept. These will include plan-view illustrations showing conceptual building
locations, parking areas, landscape elements and ingress/egress points on either specific sites or
hypothetical sites that reflect realistic block and site dimensions. Each site will be limited to an area of no
more than 10 acres.
Winter & Company, with support from Kimley Horn, will prepare a streetscape character typologies map
identifying individual streets and/or “street types” proposed for Downtown. For each street or street type,
Winter & Company will prepare a typical cross-section and supporting photo imagery for illustrative
purposes. Kimley-Horn and BAS1S will review and comment on materials prepared by Winter &
Company. Up to eight (8) street sections will be provided.
6.Circulation
(Parking/Vehicular,
Bicycle,
Pedestrian,
Traffic
and
Transit)
Kimley-Horn will perform a high-level evaluation to identify strategic streetscape investments, including
complete street options that will include multimodal options for the street cross section and functionality.
This evaluation will take into account visual elements of a street, including the road, adjoining buildings,
sidewalks, street furniture, trees, and interactive amenities that combine to form the downtown character.
Consideration will also be given to creating characteristics that visibly distinguish residential streets from
the downtown corridor via decorative medians, landscape or circular planters to uniquely signify the
neighborhood entry. For this task, Kimley-Horn will utilize existing planning and technical analyses
previously completed by the Town. Winter & Company will support this effort by coordinating with
Kimley Horn to provide high-level planning recommendations for bicycle and pedestrian circulation.
Kimley-Horn recognizes the importance of developing a comprehensive parking management strategy that
clearly defines the best and highest use for valuable, high-turnover on-street spaces while also providing
viable options for longer-term stays.
Utilizing the Town’s existing planning and technical studies on parking, transportation and access, Kimley-
Horn will work with the Town to develop a Parking and Access Management Framework that prioritizes
Professional Services Contract Exhibit A Scope of Work 91
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the most relevant and impactful parking and access recommendations by timing, cost, implementation
feasibility and viable funding mechanism
Kimley-Horn will critically evaluate recommendations from the existing technical studies (i.e., Estes
Parking and Transit Report) within the larger context of the vision outlined as part of the larger
Downtown Plan process. The resulting deliverable will be a “priority matrix” that identifies funding
strategies, timing and key partners that can help the Town transition planning efforts into action. This
priority matrix will identify strategies to guide the Town forward with:
•Identification of an appropriate organizational model and supporting operational best practices,
•Understanding, balancing and leveragingof the relationship of various modes (i.e., cars, bicycles,
motorcycles/scooters, pedestrians, transit) and the hierarchy of uses (residents, tourists, employees,
business and property owners).
•Identification of communications and marketing strategies, customized by user group (i.e.,
employees, residents, tourists, business/property owners) to promote parking and transportation
offerings.
•As determined by public input from the planning process, Kimley-Horn will explore options for
implementing paid parking, including available technological solutions and a “high level” revenue
projection.Identification of possible funding strategies and/or processes to support parking
management recommendations (i.e., Parking Benefit District, Fee-in-Lieu, Public Private
Partnerships).
•Identification of shared parking opportunities between the public and private sector, including the
possibility of structured parking, and identification of viable sites for future parking assets.
7.Flood
Mitigation
Kimley-Horn will provide recommendations on a resiliency vision for downtown that includes resiliency
to flood hazards. The review and summary prepared for Task 2.e.4 will be used, along with the
information gathered in the visioning and evaluation phases to prepare up to (3) preliminary concepts for
flood mitigation that are integrated into the larger Downtown Plan vision and process. Recommendations
will be prepared in narrative form.
Recommendations will also include specific action items, phasing strategies and identification of
responsibilities related to resiliency. Kimley-Horn will support the Town by providing recommendations
on a resiliency vision for downtown that includes resiliency to flood hazards. Recommendations will be
prepared in sketch form, and will include a brief narrative of each.
8.Utility
Infrastructure
As it is understood that the Town has the technical expertise to complete this task, Kimley-Horn’s role will
be advisory only. Kimley-Horn team members will participate in TAC and DPAC meetings as indicated in
the budget and will provide professional guidance as requested.
9.Resiliency
Based on the planning objectives identified, Race Studio will participate in a 2-hour work session with staff
and select members of the consultant team to identify resiliency goals and objectives that are specific
related to the Downtown vision. Race Studio will prepare a brief memo summarizing the goals and
objectives developed in the work session for inclusion in the Plan.
Professional Services Contract Exhibit A Scope of Work 92
9/19/2016
b.Public
Review
Draft
Downtown
Plan
The Winter & Company team will revise the Administrative Draft Downtown Plan based on an internally-
reconciled set of comments to create the Public Review Draft Downtown Plan.
c.DPAC
Meeting
#4:
Draft
Downtown
Plan
Winter & Company, Kimley-Horn and BAS1S will conduct a meeting with the DPAC to present an
overview of the Public Review Draft Downtown Plan. It is assumed that this meeting will be held on the
same day as Community Workshop #2 in order to create project efficiencies.
d.Community
Workshop
#3:
Draft
Downtown
Plan
Open
House
Winter & Company, with assistance from Kimley-Horn and BAS1S, will conduct an open house intended
to officially present the Public Review Draft Plan to the community. It is anticipated that we will
summarize primary plan elements in a series of display boards that are graphically rich and easy to
understand. Winter & Company will provide a welcome presentation and then be available along with
Town staff and select team members to answer questions regarding the materials presented in the open
house.
e.Community
Workshop
#3
Summary
Winter & Company will summarize the event and major input themes from Community Workshop #2 in
a concise summary document.
Task
6. Implementation
Plan
(Complete
November
2017)
In this task, Winter and Company and Centro will prepare implementation and prioritization strategies,
focusing primarily on the ten-year timeframe identified for the Downtown Plan.
a.Administrative
Draft
Implementation
Plan
1.Cost
Estimates
Town staff will prepare order-of-magnitude cost estimates for key public improvements identified in the
Plan, such as street improvements, public parking facilities and utility infrastructure upgrades. The cost
estimates will be at a planning level and intended to inform the identification of implementation strategies
and prioritization.
2.Admin
Implementation
Plan
Based on cost estimates provided by the Town, Centro will develop an implementation plan focused on
identifying actionable items for achieving the vision and concepts outlined in the Plan. This will include a
clear implementation strategy and a funding toolbox section.
b.Public
Review
Draft
Implementation
Plan
Based on comments from staff, Centro will revise the Administrative Draft Implementation Plan to create
the Public Review Draft Implementation Plan.
Professional Services Contract Exhibit A Scope of Work 93
9/19/2016
c.DPAC
Meeting
#5:
Implementation
Review
Winter & Company and Centro will facilitate a meeting with the DPAC to review the draft
Implementation Plan. This will likely include discussions about prioritization, funding and financing
options.
Task
7. Adoption
(Complete
TBD)
In this task, Winter and Company will merge the Public Review Draft Downtown Plan and the
Implementation/Prioritization work into a single document for the adoption process.
a.Final
Draft
Downtown
Plan
Winter & Company will merge the implementation/prioritization material prepared for Task 6 with the
Public Review Draft Plan prepared in Task 5 to create a single Final Draft Downtown Plan document.
b.Presentations
to
Boards
and
Commissions
(Up
to
3)
Winter & Company, Kimley Horn and BAS1S will present an overview of the Downtown Plan at up to
three boards and/or commissions in a single combined meeting or study session. This may include the
Parks Advisory Board, Transportation Advisory Board, Planning Commission or others.
c.Town
Board
Adoption
Hearing
Winter & Company, Kimley Horn and BAS1S will attend a Town Board meeting for Plan adoption. We
will be available to provide an overview presentation and answer questions as needed.
d.Final
Downtown
Plan
Winter & Company will revise the Final Draft Downtown Plan to reflect any required revisions that
emerge during the adoption process to create the Final Downtown Plan document.
Assumptions
for
the
Estes
Park
Downtown
Plan
In addition to the assumptions stated in the scope of work above, Winter & Company assumes following:
•Town staff will be responsible for costs and coordination related to mailing and distribution of
outreach materials, flyers, postcards and other information required for the project. The Winter &
Company team will design flyers or postcards as needed.
•Town staff will serve as the primary point of contact for all project-related correspondence from
community members, Town Board members, Downtown Plan Advisory Committee members and
others inquiring or making comments related to the project.
•Town staff will be responsible for all printing of documents, reports, workshop materials and other
deliverables to be distributed for the project.
•The Winter & Company team will provide all outreach materials in English. If translation of
materials or translation services for workshops is determined to be required, Town staff will be
responsible for this added service. Winter & Company is available to coordinate this effort as an
added service.
•Town staff will provide GIS mapping required for the project. GIS layers will be provided to the
Winter & Company team. In addition, it is assumed that all GIS layer data will be provided to
Winter & Company as Adobe Illustrator (AI) files for use in mapping, creation of materials, and
other deliverables.
Professional Services Contract Exhibit A Scope of Work 94
9/19/2016
•Town staff will provide comments on all administrative draft products as one, internally-reconciled
set of comments. Comments on Screencheck drafts (second administrative drafts) will focus on
grammatical errors, spelling and other minor changes. Substantive changes will be identified in the
first round of comments.
•The DPAC will be an advisory body and will serve in the role outlined in the Estes Park
Downtown Plan Steering Committee job description. The DPAC will provide input to staff and
the consultant as to potential adjustments or changes to content and process. Ultimately the Town
will determine whether or not the Plan is adopted.
Professional Services Contract Exhibit A Scope of Work 95
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Utilities
Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: IT Manager Fraundorf
Utilities Director Bergsten
Date: September 27, 2016
RE: Broadband Engineering Design Contract and Associated Revenue &
Expenses
Objective:
To obtain approval to enter into a Professional Services Contract with Manweiler
Telecom Consulting, Inc., (MTC) for Fiber Network engineering services to design a
broadband-fiber based system for the Town’s Light & Power service area, including a
new route to Lyons.
To revise the 2016 Light and Power budget for the anticipated expenses and grant
revenue for these efforts.
Present Situation:
The February 2015 broadband special election was supported by 92.4% of the vote
enabling the Town to participate in broadband service activities. In June 2016, the
Colorado Department of Local Affairs (DOLA) granted the Town $1,372,500 for detail
engineering work to design a broadband network in and around Estes Park. In July
2016, an RFP for this effort was produced and subsequently five firms submitted
proposals.
The proposal selection team rated MTC with the highest score. The proposal was clear
and concise and relevant to our needs. Town staff had further communications with
MTC and the second highest rated vendor and unanimously agreed that MTC was the
top choice in terms of responsiveness, capability and cost.
MTC is partnering with UpTown Services LLC, a firm well-versed in this specific type of
engineering and design as they designed Longmont’s fiber-to-the-premise network.
Proposal:
Town Board approval is required to enter into the contract for engineering services with
MTC and to adjust the 2016 budget for anticipated expenses and grant
reimbursements.
Staff requests authorization to use the full grant amount for change orders and other
project costs.
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Advantages:
•MTC’s price proposal was within the project’s budget and has a not-to-exceed
maximum.
•MTC and their partner UpTown have extensive experience in working on this
type of project.
•MTC scheduled the completion of work by the summer of 2017 which beats the
grant deadline of August 31, 2017.
Disadvantages:
This agreement does not include easement perfection. Staff is developing a plan to
address easement perfection.
Action Recommended:
Staff recommends approval of the proposed agreement with MTC and adjustments to
the 2016 budget.
Budget:
If approved, the following 2016 budget revisions will be added to the annual
Supplemental Budget Appropriation Resolution brought forward in December:
Revenue, DOLA Grant, $1,372,500
Expenditures, Fiber Optic, Contract, change orders/other $1,372,500
Level of Public Interest
Very high.
Sample Motion:
I move for the approval of the Professional Services Agreement with MTC and
adjustments to the 2016 budget.
Attachments:
Proposed Professional Services Contract
Exhibit D - Schedule of Values
Other References:
Exhibit A - RFP
Exhibit B - Bid Response
Exhibit C - Grant Insurance Requirements
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PROFESSIONAL SERVICES CONTRACT
This Contract is entered into this ____ day of __________________, 2016, by and between the
Town of Estes Park, Colorado (“Town”) and Manweiler Telecom Consulting Inc., (“Consultant”).
WHEREAS, the parties desire to contract with one another to complete the following project:
Estes Park Fiber Network Engineering and Design Services.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
1. Services.
a.The Consultant shall perform the services set forth in Exhibit A (Town’s Request for
Proposal) and Exhibit B (Consultant’s Proposal), attached hereto and incorporated
herein by reference (“Services”). The Town reserves the right to remove any of the
Services from Exhibit A and B upon written notice to Contractor. In the event of any
conflict between this Contract and Exhibit A and B, the provisions of this Contract
shall prevail.
b.No material change to the Services, including any additional compensation, shall be
effective or paid unless authorized by written amendment to this Contract 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.
2.Price. The Town shall pay the Consultant a sum not to exceed $_1,095,969.60. The
Town shall make payment within thirty days of receipt and approval of monthly invoices, which shall
identify the specific Services performed for which payment is requested.
3.Term. This Contract shall be effective from through 8/31/2017. This
Contract may be extended or renewed by written agreement of the parties.
4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt or
financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town’s
annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall
have no obligation to continue this Contract in any fiscal year in which no such appropriation is made.
5. Independent Contractor. The parties agree that the Consultant is an independent
Contractor and is not an employee of the Town. The Consultant is not entitled to workers’
compensation benefits from the Town and is obligated to pay federal and state income tax on
any money earned pursuant to this Contract.
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6.Insurance Requirements.
a.Policies. The Consultant and its subconsultants, if any, shall procure and keep in
force for the duration of this Contract the following insurance policies:
As required by the Colorado Department of Local Affairs (DOLA) and stated
in Paragraph 13, Insurance, of the Grant Agreement between DOLA and
the Town of Estes Park, EIAF 9095, excerpts of which are set forth in
attached Exhibit C.
7. Indemnification. The Consultant agrees to indemnify and hold harmless the Town, its
officers, employees, and agents from and against all liability, claims, and demands on account of any
injury, loss, or damage, including court costs and attorneys’ fees, arising out of or connected with the
Services, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused
by, the negligent act, omission, or other fault of the Consultant or any subconsultant of the Consultant,
or any officer, employee, or agent of the Consultant or any subconsultant, or any other person for
whom the Consultant is responsible. The Consultant’s indemnification obligation shall not be construed
to extend to any injury, loss, or damage to the extent caused by the act, omission, or other fault of the
Town. This paragraph shall survive the termination or expiration of this Contract.
8.Professional Responsibility.
a.Consultant hereby warrants that it is qualified to perform the Services, holds all
professional licenses required by law to perform the Services, and has all requisite
corporate authority to enter into this Contract.
b.The Services 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 Services 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
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 its services. Neither the Town's review,
approval, or acceptance of, nor payment for, any of the Consultant’s services shall
be construed to operate as a waiver of any rights under this Contract or of any
cause of action arising out of the performance of this Contract.
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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 services
provided by Consultant pursuant to the terms and conditions of this Contract.
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 Town.
9.Governmental Immunity Act. No term or condition of this Contract shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights,
benefits, protections, limitations of liability, and other provisions of the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law.
10.Compliance with Applicable Laws.
a. Generally. The Consultant shall comply with all applicable federal, state, and local
laws, including the ordinances, resolutions, rules, and regulations of the Town. The
Consultant shall solely be responsible for payment of all applicable taxes and for
obtaining and keeping in force all applicable permits and approvals.
11. Termination.
a.Without Cause. The Town may terminate this Contract without cause upon thirty
days prior written notice to the other. The Town shall be liable to pay the Consultant
for Services performed as of the effective date of termination, but shall not be liable
to the Consultant for anticipated profits.
b.For Default. Each and every term and condition hereof shall be deemed to be a
material element of this Contract. In the event either party fails to perform according
to the terms of this Contract, such party may be declared in default. If the defaulting
party does not cure said breach within ten days of written notice thereof, the non-
defaulting party may terminate this Contract immediately upon written notice of
termination to the other. In the event of termination of this Contract pursuant to this
Section, the non-defaulting party shall be entitled to recover all damages caused by
said default. In the event that Consultant is in default, the Town may withhold
payment to the Consultant for the purposes of setoff until such time as the amount
of damages is determined.
c.Notices. Written notices shall be directed as follows and shall be deemed received
when hand-delivered or emailed, or three days after being sent by certified mail,
return receipt requested:
To the Town: To the Consultant:
Alan Fraundorf Kevin Manweiler
Town of Estes Park Manweiler Telecom Consulting, Inc.
170 MacGregor Avenue 12625 Euclid Drive
Estes Park, CO 80517 Centennial, Colorado 80111
Email: Afraundorf@Estes.org Email: Kevin@MTC-LLC.com
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12.Special Provisions.
This agreement is based on Exhibit D which outlines the schedule of values.
13.Time of the Essence. Time is of the essence in performance of the Services and is a
significant and material term of this Contract. The Consultant shall provide, upon receipt of the notice to
proceed, a schedule establishing dates for 25%, 50% 75% and final completion of design.
14.Entire Agreement. This Contract contains the entire agreement of the parties relating to
the subject matter hereof and, except as provided herein, may not be modified or amended except by
written agreement of the parties. In the event a court of competent jurisdiction holds any provision of
this Contract invalid or unenforceable, such holding shall not invalidate or render unenforceable any
other provision of this Contract.
15. Assignment. The Consultant shall not assign this Contract without the Town’s prior
written consent.
16.Governing Law. This Contract shall be governed by the laws of the State of Colorado,
and venue shall be in the County of Larimer, State of Colorado.
17.Instruments of Service. Drawings, models, specifications, research, reports, studies,
data, photographs and other documents, including those in electronic form, prepared by Consultant and
its subconsultants in the performance of obligations under this Contract are Instruments of Service for
use solely with respect to the project identified in this Contract. Consultant and its subconsultants shall
be deemed the authors and owners of their respective Instruments of Service and shall retain all common
law, statutory and other reserved rights, including copyrights; except that, upon execution of this Contract,
the Consultant grants to the Town a non-exclusive, perpetual, fully-paid, non-revocable license to
reproduce and use the Consultant's Instruments of Service solely in connection with the above-
referenced project, including the project's further development by the Town and others retained by the
Town for such purposes. The Consultant shall obtain similar licenses from its subconsultants consistent
with this Contract. Consultant shall, during the term of this Contract, provide the Town with copies of all
Instruments of Service prepared by Consultant or its subconsultants contemporaneous with such
preparation, and shall provide them in electronic format or any other format requested by the Town.
18.Attorney’s Fees and Costs. In the event it becomes necessary for either party to bring
any action to enforce any provision of this Contract or to recover any damages from the other party as a
result of the breach of this Contract, including, but not limited to, defective work, and the party that prevails
in such litigation, the other party shall pay the prevailing party its reasonable attorney’s fees and costs
as determined by the court.
19.Electronic Signature. This Contract may be executed by electronic signature in
accordance with C.R.S. § 24-71.3-101 et seq.
(Balance of page intentionally left blank)
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20. This page is the signature page for this Professional Services Contract, by and between
the Town of Estes Park, Colorado, and Manweiler Telecom Consulting, Inc. The parties hereto have
executed this Contract on the date first written above.
TOWN OF ESTES PARK, COLORADO
By: _____________________________________
Name: Todd Jirsa
Title: Mayor, Town of Estes Park
ATTEST:__________________________________
Name: Jackie Williamson
Title: Town Clerk
CONSULTANT
By: ____________________________________
Title: ____________________________________
STATE OF ________________ ) ss.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this ___ day of ___________________,
20 by __________________________________________________.
(Insert name of individual signing on behalf of the Consultant)
________________________________________
Notary’s Official Signature
(S E A L)
___________________________________________
Commission Expiration Date
103
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EXHIBIT D TO CONTRACT
Description Est. Quantity Units Rate Total
Pole Survey 2750 Each $27.00 $74,250.00
Underground Survey 9000 Feet $1.75 $15,750.00
CAD drawings for permitting 285120 Feet $0.58 $165,369.60
Consulting/Engineering 1260 Hours $150.00 $189,000.00
Project Management 80 Hours $225.00 $18,000.00
Path Design 472 Miles $500.00 $236,000.00
Fiber Design 472 Miles $800.00 $377,600.00
SSP Integration 100 Hours $200.00 $20,000.00
Not To Exceed TOTAL $1,095,969.60
Optional items as needed (Outside scope of original RFP):
Description Est. Quantity Units Rate Total
Edge of Pavement Survey 264000 Feet $0.58 $153,120.00
Definitions:
Pole Survey
Underground Survey
CAD drawings for permitting
Consulting/Engineering
Project Management
Path Design
At each pole and each mid-span location, collect the lat/long
location, as well as the heights of all non-electrical utilities, and
the lowest electrical cable.
Collect GPS location information for all visible utilities (water,
gas, electric, commununication). Where requested by the Town,
call 811 for engineering locates.
Produce engineered AutoCAD drawings for regulatory agencies,
for permit submittal. This includes all plan/profile drawings,
typical packages, pole maps, etc. as needed for permit approval.
Includes research time, planning meetings, desktop design
efforts, time spent working with the Town to clarify project
items, permitting reviews, ROW reviews, civil engineering and
meetings with other government agencies, and pole line owners.
Overall project management, meetings with town board,
meetings with anchor institutions, financial analysis efforts.
Engineering and drafting required for overhead and underground
pathways for the new fiber network. Includes placement and
specifications for all poles, overhead strand, conduits and
underground structures.
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Fiber Design
SSP Integration
Engineering and drafting required for all fiber components for
the new fiber network. Includes materials specifications and
splicing assignments for all fiber cable, splice closures and
terminals.
Specialized support required for the Schneider Electric Fiber
Manager application. Includes conversion, integration and
training services as required throughout the project.
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PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Greg Muhonen, PE, Public Works Director
Date: September 27, 2016
RE: Construction Management/General Contractor (CMGC) Contract for the
Estes Park Transit Facility Parking Structure
Objective:
Deliver 310 new parking spaces in the proposed Estes Park Transit Facility Parking
Structure before July 2017 by completing 5 critical steps:
1) Increase the price and term of the existing Project Management contract with
Space Into Place Architecture & Design (SIPAD) to reflect changes in the project
scope and duration (Action Item tonight).
2) Hire a credible & trustworthy Independent Cost Estimator to review all
construction costs and confirm fair, market-value pricing is honored throughout
the construction (Action Item tonight).
3)Hire a first class Construction Manager/General Contractor and team of
tradesmen to meet the project scope and cost goals (this Item).
4) Increase the price and term of the existing Design Services Contract to complete
the construction documents and provide periodic construction administration for
the elevated third and fourth levels in the structure (Oct 11 Action Item).
5) Obtain $4 million in additional construction funding through a private financier to
accomplish the Phase 2 third and fourth levels concurrently with the funded
Phase 1 ground plus second level (Oct 11 Action Item).
Present Situation:
At the Town Board meeting on March 24, 2015, the Public Works staff was authorized
to seek approval from the Federal Transit Administration (FTA) and the Bureau of
Reclamation (BoR) to relocate the new transit facility parking structure from the north
parking lot to the south parking lot at the Estes Park Visitor Center where fewer utility
and access conflicts exist. This is a complicated endeavor which requires substantial
time to complete a new preliminary design, draft a new Environmental Assessment,
negotiate a Special Use Permit with the BoR, perform a new geotechnical investigation,
coordinate utility impacts, mitigate concerns from the EVRPD, obtain formal approval
from FTA, complete the final design, obtain two new access permits from CDOT, bid the
107
project, build the project, and complete the closeout paperwork for cost reimbursement
from the grant funding agencies.
Over a year of negotiation, meetings, and study was required to obtain FTA approval to
relocate the proposed transit facility parking structure. In an effort to keep the project
costs within the budgeted funding amount, the scope was separated into two phases.
Phase One (the funded phase) consists of a ground floor and one elevated second level
which would provide an additional 108 parking spaces. Phase Two (the future
unfunded phase) consists of two additional elevated levels which would provide an
additional 202 parking spaces. The completed project would add 310 parking spaces to
the existing 102 spaces in the south parking lot, resulting in a total of 412 spaces at this
location.
The delays in obtaining NEPA clearance, approval to relocate the project, and approval
to commence final design at the south site jeopardized our $400k FASTER funding from
CDOT. In order to preserve this grant funding and minimize further construction cost
escalation, the Town is pursuing fast-tracked CMGC project delivery. This method
involves selection of the construction contractor based on proposals documenting
qualifications, experience, availability, ability to meet the project schedule, and trust in
the contractor’s stated commitment to complete the work within the budgeted funding.
Under CMGC, construction stages commence prior to, and run in parallel with,
completion of the final design drawings. This accelerates completion of the project
construction and saves construction cost. This contrasts with the traditional method of
completing the full project design, soliciting firm bids, and awarding the work to the
lowest responsive and responsible bidder sequentially prior to starting construction.
Firm pricing for all the work is not yet established. Rather it will be negotiated by Public
Works staff, our Project Management Consultant (SIPAD), Heath Construction, and the
Independent Cost estimator as specific construction Work Packages are fully defined.
Once the final design is completed, a Guaranteed Maximum Price will be established
and documented in a final Work Package Amendment. This is expected to be
completed by December 2016.
Proposal:
The Public Works Department proposes to hire Heath Construction, LLC to provide
CMGC services using the attached proposed contract which has 3 primary cost
components.
1) Pre-design Services for Phase One in the amount of $47,200 and Phases
One and Two for $59,000.
2) Construction Work Package #1 in the estimated amount of $123,879.
Construction on this work is to commence in October 2016. This amount
represents the starting point for value engineering efforts to commence at the
September 29, 2016 Work Session.
3) Project CMGC services to deliver a constructed project for the estimated cost
of $4,089,771 for Phase One, and $7,649,007 for Phases One and Two.
These amounts represent the starting point for value engineering efforts to
align final negotiated Guaranteed Maximum Price with cost requirements
outlined in RFP Addendum 8 of $4 million for Phase One and $8 million for
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Phases One and Two. The CMGC fee is 5% for Phase 1 work or 4.25% if
Phases 1 and 2 are pursued concurrently.
Advantages:
Heath has 30 years of extensive work experience building successful projects in
Estes Park which will assist the team in meeting the aggressive cost and time of
completion goals.
Heath is already intimately familiar with the local labor, equipment, and materials
rates in our local area through their past and present work in Estes Park. They have
already established working relationships with local subcontractors which they
propose to include in their construction team for this project.
Heath has assembled an “A Team” of seasoned employees to apply their
construction knowledge to this fast-tracked project.
Their proposal shows detailed familiarity with, and significant time investment in this
project. This investment dates back to their bid submittal for the north parking lot
project in 2014.
The team has submitted an aggressive, but potentially achievable construction
schedule which would deliver the completed Phase One and Two parking structure
before July 2017.
The Heath cost estimating team has delivered preliminary design level pricing that
fits within the budgeted funds for Phase 1 and the estimated costs of Phase 2.
The Heath team is available now to begin building this project in October to secure
the CDOT grant funding and assist the Town in moving this project aggressively
forward toward the goal of construction completion in 2017.
Disadvantages:
Expanding the project scope, duration, and team size increases project cost.
Adding parking spaces is expected to increase RMNP hiker shuttle ridership which
increases national park visitation which increases human impact on the Park’s
natural resources.
Potential loan funding of Phase 2 work increases Town indebtedness while
procuring lower current construction pricing and decreasing future disruption to
traffic and the economy.
Action Recommended:
The Public Works Department recommends the Town Board authorize the Mayor to
sign the proposed Construction Management/General Contractor Agreement with Heath
Construction after final review and approval by the Town Attorney. This approval
includes authorization for the Town Administrator to sign Work Package Amendments to
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the contract that do not to exceed $4.02 million for the Phase 1 work and do not exceed
$3.98 million for the Phase 2 work. Each Work Package will be authorized with a
separate Notice To Proceed prepared by the Public Works Department.
Authorization to proceed on any proposed Phase 2 construction work is conditional
upon the Town Board approving a future financing agreement and a $4 million project
budget increase for the Phase 2 work. Total project construction cost is not to exceed
$8 million, and the work is to be completed prior to July 2017.
Budget:
Projected future expenses for the Phase 1 parking structure tasks would be paid fully
with existing grant and local funds from account number 204-5400-3544-36-53 of the
Community Reinvestment Fund (CRF). The remaining balance of Phase 1 construction
funds is estimated to be $4.02 million.
Authorization to spend the proposed Phase 2 construction cost of $4 million is
conditional upon the Town Board approving a future financing agreement and a $4
million project budget increase for the Phase 2 work.
Level of Public Interest
The known level of public interest in this project is high.
Sample Motion:
I move for the approval/denial to authorize the Mayor to sign a Construction
Management/General Contractor Agreement with Heath Construction in the maximum
amount of $8 million contingent upon the terms and conditions described in the staff
Memo.
Attachments:
Draft Construction Management/General Contractor Agreement with Heath
Other References:
Heath Proposal for CMGC Services
Photosimulation images of the 4 level parking structure
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Town of Estes Park
Estes Park, Colorado 80517
CONSTRUCTION MANAGEMENT/
GENERAL CONTRACTOR
AGREEMENT
THIS AGREEMENT is made and entered into on September 28, 2016, by and between the Town of
Estes Park (hereinafter referred to as the "Town" or "TOEP"), and Heath Construction LLC (hereinafter
referred to as the "Construction Manager/General Contractor" or "CM/GC"), for services in connection
with the following described Project:
Estes Park Transit Facility Parking Structure
The Town’s Target GMP is $4 Million for Phase One and an additional $4 Million for Phase Two. Please
refer to RFP Addendum 8 for anticipated scope inclusions.
Therefore, in consideration of the mutual covenants and provisions contained herein, the parties
agree as follows:
1.0 THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT
1.1 The CM/GC accepts the relationship of trust and confidence established with the Town
by this Agreement. The CM/GC covenants with the Town to furnish CM/GC’s best skill and judgment
and to cooperate with the Construction Team in furthering the interests of the Town. The CM/GC agrees
to furnish efficient business administration and superintendence and to use best efforts to perform the
Work in the best and soundest way and in the most expeditious and economical manner consistent with
the interests of the Town.
1.1.1 The Construction Team: The CM/GC, the Town and its Project Leader, the
Independent Cost Estimator (ICE) and the Architect/Engineer, collectively referred to as the
"Construction Team" shall work from the beginning of design through construction completion. The
CM/GC shall provide leadership, in cooperation with Town Project Leadership, to the Construction
Team on all matters relating to construction.
1.1.2 Extent of Agreement: This Agreement and the General Conditions to the
Agreement represent the entire agreement between the Town and the CM/GC and supersedes all
prior negotiations, representations or agreements. When plans and specifications are complete, they
shall be identified as part of the Contract Documents. This Agreement shall not be superseded by any
provisions of the documents for construction and may be amended only by written instrument executed
by both the Town and the CM/GC. Nothing contained herein shall be deemed to create any contractual
relationship between the CM/GC and the Design Team, or any of the contractors, subcontractors or
material suppliers on the Project; nor shall anything contained herein be deemed to give any third party
any claim or right of action against the Town or the CM/GC which does not otherwise exist without regard
to this Agreement.
1.1.3 Contract Documents: The provisions of the General Conditions and all of
the "Contract Documents" for the Project as that term is defined therein are incorporated by this
reference into this Construction Management/General Contractor Agreement, to the extent those
documents and their provisions are not in conflict with specific provisions herein. The Contract
Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the
Work, may consist of all, or some, of the following:.
1.1.3.1. This Agreement
1.1.3.2. Exhibits to this Agreement.
1.1.3.3. Notice to Proceed.
1.1.3.4. All written specifications.
1.1.3.5. General Conditions.
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1.1.3.6. Performance & Payment Bond.
1.1.3.7. Drawings, Plans, and Details bearing the title: Estes Park Transit Facility
Parking Structure
1.1.3.8. Addenda.
1.1.3.9. Contractor’s Proposal bearing the title: Town of Estes Park Transit Facility
Parking Structure.
1.1.3.10. All Written Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to this Agreement and the General
Conditions.
Contractors are required to comply with applicable federal, state, and local safety and
health laws, regulations and ordinances.
There are no Contract Documents other than those listed above. The Contract
Documents may only be amended, modified, or supplemented as provided in this
Agreement and the General Conditions.
In case of conflicting provisions, requirements or discrepancies the order of application
of the Contract Documents is as follows:
1.Change Orders for clarification of drawings
2.This Agreement
3. Addenda
4. Drawings
5.General Conditions
1.2
2.0 CONSTRUCTION MANAGER/GENERAL CONTRACTOR SERVICES
2.0.1 Key Personnel: The CM/GC's Key Personnel identified in Article 4.6, and any other
personnel identified by name in the CM/GC's Proposal shall be considered Key Personnel and shall not
be replaced during the Project without the written permission of the Town, which shall not be unreasonably
withheld. If the CM/GC intends to substitute any Key Personnel, a request must be given to the Town at
least 30 Calendar Days (or such shorter period as permitted by the Town) prior to the intended time of
substitution, per CM/GC General Provision, Subsection 00180.35. When replacements have been
approved by the Town, the CM/GC shall provide a transition period of at least 10 Business Days during
which the original and replacement personnel shall be working on the Project concurrently. Once a
replacement for any Key Personnel is authorized, further replacement shall not occur without the written
permission of the Town.
2.0.1.1 Project Manager: The CM/GC’s representative for this Project is
the CM/GC's Project Manager (“CM/GC PM”): The CM/GC’s PM will supervise and coordinate all Pre-
construction Phase and Construction Phase Services of the CM/GC and participate in all meetings during
the Project unless otherwise directed by the Town. The CM/GC represents that the CM/GC PM shall have
the authority to execute Change Orders and Contract Amendments on behalf of the CM/GC.
Name:
Address:
E-mail Address:
Phone Numbers:
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2.0.1.2 Lead Estimator – Lead Estimator will support the CM/GC’s Project
Manager and Construction Manager to ensure the success of the Project:
Name:
Address:
E-mail Address:
Phone Numbers:
2.0.1.3 CM/GC’s CM -The CM/GC’s CM will supervise and coordinate all
Construction Phase Services of the CM/GC Construction Manager - The CM/GC's Construction
Manager during the Project is
Name:
Address:
E-mail Address:
Phone Numbers:
2.0.1.4 Chief Scheduler - The CM/GC’s CS will schedule and coordinate
all Construction Phase Services of the CM/GC. The CM/GC's Chief Scheduler during the Project is
Name:
Address:
E-mail Address:
Phone Numbers:
2.0.1.5 Site Supervisor - The CM/GC’s SS will supervise and coordinate
all On-Site Construction Phase Services of the CM/GC. The CM/GC's Site Supervisor during the Project
is:
Name:
Address:
E-mail Address:
Phone Numbers:
2.1 The CM/GC's basic services under this Agreement shall consist of the two
phases described below:
2.2 Pre-construction Phase Services - The CM/GC agrees to provide all of the Pre-
construction Phase Services described in the CM/GC General Conditions. Commencement of the
Construction Phase shall not excuse the CM/GC from completion of the Pre-construction Phase
Services, if such services have not been fully performed at commencement of the Construction Phase:
2.2.1 Collaboration During Project Development - During the Pre-construction
Phase, the Town is seeking to integrate the Town, Architect/Engineer and CM/GC into a cohesive
working team to provide timely, effective decision making, to improve Project cost effectiveness, focus
on risk mitigation, and minimize rework. Project collaboration links with an online shared site and
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meeting share site for offsite meeting attendees is to be provided by Contractor. Attend regularly
scheduled meetings with the Design Team during the development of conceptual and preliminary
design to advise on site use and improvements, selection of materials, building systems and
equipment. Provide recommendations on construction feasibility, availability of materials and labor,
time requirements for installation and construction and factors related to cost including costs of
alternative designs or materials, preliminary budgets and possible economies.
2.2.2 Scheduling - Develop a Project Time Schedule that coordinates and
integrates the Design Team's design efforts with construction schedules. Update the Project Time
Schedule incorporating a detailed schedule for the construction operations of the Project, including
realistic activity sequences and durations, allocation of labor and materials, processing of shop
drawings and samples and delivery of products requiring long lead-time procurement. Include the
Town's occupancy requirements showing portions of the Project having occupancy priority.
2.2.3 Project Construction Budget - Review the Town's established Project budget
as soon as major program requirements have been identified and update the budget weekly for the
Town's approval. Prepare an estimate based on a quantity survey of drawings and specifications
weekly and additionally as needed for approval by the Town as the Project Construction Budget. Update
and refine this estimate for Town's approval as the development of the drawings and specifications
proceeds. Advise the Town and the Design Team if it appears that the Project Construction Budget
and/or if the desired scope of project elements will not be met and, in that event, make
recommendations for corrective action.
2.2.4 Continuous Value Engineering - Provide weekly technical review and
analysis of systems and materials being considered in the design to produce the greatest value for the
least cost.
2.2.5 Risk Mitigation – Identify and mitigate risk through analysis and assessment.
2.2.6 Constructability Review Services – Identify and recommend design
alternates for optimization of constructability.
2.2.7 Coordination of Contract Documents - Review the drawings and
specifications as they are being prepared, recommending alternative solutions whenever design
details affect construction feasibility or schedules without, however, assuming any of the Design
Team's customary responsibilities for design. Recommend all areas for reduction of documentation
requirements, where shop drawings or other means of documentation will suffice for proper execution of
design intent.
2.2.8 Construction Planning - Recommend for purchase and expedite the
procurement of long-lead items to ensure their delivery by the required dates.
2.2.9 Division of W ork - Make recommendations to the Town and the
Architect/Engineer regarding the division of the Work in the plans and specifications to facilitate the
bidding and awarding of subcontractors and to allow for phased construction, taking into
consideration such factors as time of performance, availability of labor, overlapping trade jurisdictions,
provisions for temporary facilities and other matters.
2.2.10 Construction Document Review - Perform final review of plans and
specifications with the Architect/Engineer and Town to eliminate areas of conflict or misinterpretation
and to assure proper coordination, accuracy and completeness.
2.2.11 Labor - Analyze the types, quantity and availability of appropriate categories
of labor required for various phases of the Project.
2.2.12 Bidding - Prepare pre-qualification criteria for bidders and develop
subcontractor interest in the Project. As working drawings and specifications are completed, establish
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bidding schedules and conduct pre-bid conferences to familiarize bidders with bidding documents,
management techniques and any special systems, materials or methods. Receive competitive bids
on the Work from various subcontractors, pursuant to bidding procedures acceptable to the Town.
Analyze all bids, review them with the Town, and make recommendations for contract awards and award
subcontractors.
2.2.13 Conferences - Conduct pre-construction conferences with successful
subcontractors
2.2.14 Federal Requirements and Equal Employment Opportunity - Determine
applicable requirements for equal employment opportunity programs and Federal Requirements for
Federally funded projects for inclusion in Project bidding documents as indicated in Exhibit 4.
2.3 Construction Phase Services - Notwithstanding any other references to Construction
Phase Services in this CM/GC Contract, the Contract shall include Pre-construction Phase Services
only unless (1) the parties execute a Work Package Amendment, or (2) the parties execute a GMP
Amendment. Upon execution of a Work Package Amendment or GMP Amendment, the CM/GC agrees
to provide the Construction Phase Services described in Article 2.3 and the CM/GC General
Conditions.
The parties may execute one or more Work Package Amendments identifying specific Construction
Phase Services that must be performed in advance of the GMP, with such Amendments including all
necessary Town of Estes Park approvals where required. If one or more Work Package Amendments
are executed, the CM/GC shall diligently continue to work towards development of a GMP Amendment
acceptable to the Town, which shall incorporate all Work Package Amendments.
2.3.1 Project Performance and Control - Perform all required construction
work utilizing Subcontractors, DMWESB firms and CM/GC’s own forces. Supervise the Work of the
subcontractors and coordinate the Work with the activities and responsibilities of the Town and
Architect/Engineer in order to complete the Project in accordance with the Town's objectives of cost,
time and quality.
2.3.2 Project Collaboration Tools - During the Construction Phase, the Town,
Architect/Engineer and CM/GC are to be collaboratively linked with an online shared site and online
meeting capacity for offsite meeting attendees provided by Contractor.
2.3.3 Construction Administration Documentation - Contractor to facilitate open
access to online shared document tracking and accountability software. Software to provide tracking for
submittals, RFIs, and all other standard construction administration documentation. Subcontractors to
be given access to upload submittals and other construction administration communication. The final
requirements will be negotiated with the selected CM/GC and are dependent upon the structure and
makeup of the Architect/Engineer and CM/GC teams. The CM/GC agrees to abide by those procedures
and use those forms.
2.3.4 Staffing - Maintain a competent full-time staff at the Project site to
coordinate, provide overall direction of the Work, and monitor progress of the subcontractors on the
Project.
2.3.5 Organization - Establish on-site organization and lines of authority in order
to carry out the overall plans of the Construction Team.
2.3.6 Collaboration and Coordination - Collaborate with the Town and
Architect/Engineer to execute the Project. Establish and implement procedures for coordination among
the Town, Architect/Engineers, subcontractors and the CM/GC with respect to all aspects of the Project.
2.3.7 Scheduling - Schedule and conduct progress meetings at which
subcontractors, the Town, Architect/Engineer and the CM/GC can discuss jointly such matters as
procedures, progress, problems and scheduling. Provide a detailed schedule for the operations of
the CM/GC and subcontractors on the Project, including realistic activity sequences and durations,
allocation of labor and materials, processing of shop drawings and samples and delivery of products
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requiring long lead-time procurement. Include the Town's occupancy requirements in all schedules
showing portions of the Project having occupancy priority, if any.
2.3.8 Monitoring - Provide regular monitoring of the schedule as construction
progresses. Identify potential variances between scheduled and probable completion dates. Review
schedule for work not started or incomplete and recommend to the Town and subcontractors adjustments
in the schedule to meet the scheduled completion date. Provide summary reports of such monitoring
activities and document all changes in the schedule.
2.3.9 Evaluation Reporting and Project Management - Determine the adequacy of
the CM/GC and subcontractors' personnel and equipment and the availability of materials and supplies
to meet the schedule. Report weekly on status and adjustments needed or made to meet Town
performance requirements.
2.3.10 Cost Control - Develop and implement an effective system of Project cost
control, showing actual costs for activities in process and estimates for uncompleted tasks. Revise
and refine the initially approved Project Construction Budget, incorporate approved changes as they
occur and develop cash flow reports and forecasts as needed.
2.3.11 Accounting; Audit Access - The CM/GC shall keep full and detailed accounts
and exercise such controls as may be necessary for proper financial management under the Contract;
the accounting and control systems shall be satisfactory to the Town. The Town and the Town's
representatives, shall be afforded reasonable and regular access to the CM/GC's records, books,
correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda
and all other Project Records relating to the Contract, and the CM/GC shall preserve these for a period
of six (6) years after Final Acceptance, or until all disputes, if any, concerning the Contract or the Project
have been resolved, whichever occurs later, or for such longer period as may be required by law.
The CM/GC shall require each Subcontractor to retain its Project Records for a period of six (6) years and
to provide equivalent access to all Project Records to Town’s representatives. The CM/GC shall require
each Subcontractor to include in lower-tier subcontracts the same Project Record retention and access
requirements.
2.3.12 Periodic and Final Audit - The Town may, at its discretion, perform periodic
audits of the Project Records associated with the Project. The Town intends to conduct a final audit of
the Project Records prior to the Contract closeout. The CM/GC shall cooperate fully with the Town in
the performance of such audits.
2.3.13 Change Orders - Change Orders in general will not be accepted for
Construction Phase ServicesAny project essential Change Orders on which code compliant completion
of the project is dependent, will be conducted as follows. Develop and implement a system for the
expeditious review and processing of Change Orders. Initiate necessary or desirable changes to the
Town, review requests for changes, submit recommendations to the Town and assist in negotiating
Change Orders, in accordance with section 17.00 of the General Conditions of the Agreement.
2.3.14 Permits - Secure or assist the Town in securing all necessary permits,
licenses and inspections for the proper completion and execution of the Work, in accordance with section
12.00 of the General Conditions of the Agreement.
2.3.15 Town's Consultants - If required, assist the Town in selecting, retaining
and coordinating professional services of a surveyor, testing laboratories and any special consultants.
2.3.16 Superintendent - Keep on the Project, during the work, a competent
superintendent and any necessary assistants, all satisfactory to the Town, in accordance with section
16.00 of the General Conditions of the Agreement. The superintendent shall not be changed except
with the consent of the Town, unless the superintendent proves to be unsatisfactory to the CM/GC
and ceases to be in CM/GC’s employ. The superintendent shall represent the CM/GC in their absence
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and all directions given to the superintendant shall be as binding as if given to the CM/GC. The
Architect/Engineer and the Town shall not be responsible for the acts or omissions of the superintendent
or superintendant’s assistants.
2.3.16.1 The superintendent shall provide full-time, qualified and efficient
supervision of the Work, using best skill and attention. Carefully study and compare all drawings,
specifications and other instructions and immediately report to the Architect/Engineer and the Town
any error, inconsistency or omission which may be discovered. Inspect the Work of the subcontractors
at all stages and at final completion and guard the Town against defects and deficiencies in such
Work. The CM/GC shall be responsible to the Town for the acts and omissions of all his employees
and of all subcontractors, their agents and employees and all other persons performing any of the
Work, for which the CM/GC has supervisory or inspection responsibility hereunder.
2.3.16.2 The superintendent shall see that the Work is carried out in
accordance with the Contract Documents and in a thorough and first class manner in every respect.
The CM/GC's superintendent shall establish all lines, levels and marks necessary to facilitate the
operations of all concerned in subcontract work. The superintendent shall lay out the Work in a manner
satisfactory to the Town, making permanent records of all lines and levels required for excavation,
grading and foundations and for all other portions of the Work. The superintendent shall, together with
the Town, authorize the commencement and certify the proper completion of the various stages of
construction. The CM/GC shall be responsible for construction means, methods, techniques,
sequences and procedures and for carrying out the Work in accordance with the Contract Documents.
2.3.17 Safety Measures - Establish procedures and measures for the safety of
persons and property at and around the site of the Work. Assure compliance with all federal, state and
local statutes, rules, regulations and orders applicable to the conduct of the Work.
2.3.18 Contract Interpretations - Refer all questions relative to interpretation of
design intent to the Owner in writing.
2.3.19 Shop Drawings and Samples - In collaboration with the Architect/Engineer,
establish and implement procedures for expediting the processing and approval of shop drawings and
samples, in accordance with section 8.00 of the General Conditions of the Agreement.
2.3.20 Reports and Project Site Documents - Record the daily progress of the
Project in a daily log available to the Town and the Architect/Engineer. Submit on a weekly basis written
progress reports and summaries of meetings to the Town and the Architect/Engineer, including
information on the subcontractors' work and the percentage of completion.
2.3.21 Record Sets - Maintain at the Project site, on a current basis, records
of all necessary contracts, shop drawings, samples, purchases, materials, equipment, maintenance and
operating manuals and instructions and any other documents and revisions thereto which arise out of
the Agreement or the Work, in accordance with section 7.00 of the General Conditions of the Agreement.
Obtain data from subcontractors and maintain a current set of record drawings, specifications, operating
manuals, warranties and guarantees. At the completion of the Project submit all such documents to
the Town.
2.3.22 Completion - Determine completion of the Work or designated portions
thereof and prepare for the Architect/Engineer a list of incomplete or unsatisfactory items together
with a schedule for their completion, in accordance with section 50.00 of the General Conditions of the
Agreement.
2.3.23 Start-Up - With the Town's maintenance personnel and the
Architect/Engineer,
direct the checkout of utilities, operating systems and equipment for readiness and assist in their
initial start-up and testing by the subcontractors.
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2.3.24 Final Completion - Determine final completion and provide written notice to
the Town and Architect/Engineer that the Work is ready for final inspection. Secure and transmit to the
Architect/Engineer required guarantees, tax affidavits, certificates, releases, bonds and waivers. Turn
over to the Town all keys and maintenance stocks.
2.3.25 Warranty - During the two-year warranty period at no additional cost to
the Town, perform four semi-annual warranty inspections and ensure that Work which proves defective
or deficient during such time is corrected either by the subcontractors or such other means as
shall be required. Administer the two-year warranty period by the Town’s Warranty Work Request
process and attend four semi-annual warranty work request meetings, in accordance with section 53.00
of the General Conditions of the Agreement.
2.4 Additional Services - Additional services shall be performed only upon the express, prior
written authorization of the Town and paid for as provided herein. Additional services shall include the
following:
2.4.1 Analysis of Existing Improvements - Services related to investigation,
appraisals or valuations of existing conditions, facilities or equipment; or verifying the accuracy of
existing drawings or other Town-furnished information.
2.4.2 Town-Furnished Equipment - Services related to Town furnished
equipment, furniture and furnishings which are not a part of the Work.
2.4.3 Expert Witness - Preparing to serve or serving as an expert witness in
connection with any public hearing or legal proceeding.
2.4.4 After Completion - Inspections of and services related to the Project after
completion of the services under this Agreement except warranty services in Section 2.3.25.
2.4.5 Other - Providing any other service not otherwise included in this Agreement.
3.0 THE TOWN'S RESPONSIBILITIES
3.1 Information - The Town shall provide full information regarding its requirements for the
Project.
3.2 Town's Representative - The Town shall designate a representative who shall be
acquainted with the scope of the Work; has authority to approve budgets and adjustments thereto,
as contemplated by Paragraph 2.2.3 within the Project Budget as established by the Town; render
decisions; and otherwise furnish information.
The Town’s representative for this Project is the Town Project Leader (“Town PL”):
Name: Ginny McFarland, AIA, NCARB, LEED AP
Address: 170 MacGregor Ave / PO Box 1200, Suite 100, Estes Park, CO
80517
E-mail Address: Ginny@SpaceIntoPlace.com
Phone Number: 303-731-3751
3.3 Architect/Engineer - The Town shall retain an Architect/Engineer to provide design
services and to prepare construction documents for the Project. The Architect/Engineer's services, duties
and responsibilities are described in the Agreement between the Town and the Architect/Engineer, a
copy of which will be furnished to the CM/GC.
3.4 Documentation – The CM/GC will be furnished, without charge, all copies of drawings and
specifications reasonably necessary for the execution of the Work.
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3.5 Defects - If the Town becomes aware of any fault or defect in the Project or
nonconformance with the Contract Documents, it shall give prompt written notice thereof to the CM/GC.
This provision shall not, however, charge the Town with any obligation to make inspections and
shall in no manner be construed to discharge or modify the CM/GC's obligations to supervise, inspect
and to otherwise complete the Project in accordance with the Contract Documents.
3.6 Surveys and Special Testing - So far as the Project contemplated by this Agreement
may require, the CM/GC shall be entitled to information giving a complete and accurate survey of the
building site and the existing grades and lines of streets, pavements and adjoining properties;
information as to the rights, restrictions, easements, surface water courses, boundaries and contours
of the building site; and full information as to existing sanitary sewer, storm sewer, water, gas and
electrical services. The Town, at its expense, shall furnish all such data, upon request. The Town
likewise shall pay for all borings or test pits and for any mechanical, chemical or other tests as well as
professional verifications and inspections incident to proper appraisal of the site for the contemplated
structure. A copy of all reports of such tests and borings shall be filed with the Town and shall be
available to the CM/GC, upon request.
3.7 Town's Expenses - The services, information, surveys and reports required by
Paragraphs 3.3 through 3.5 and 3.7, shall be furnished at the Town's expense.
4.0 SUBCONTRACTS
The following specific minimum requirements apply to selection of Subcontractors of the CM/GC
performing Construction Phase Services for this Project:
(a) The CM/GC must self-perform a minimum of 15% of the Construction Phase Services Work.
(b) The CM/GC must subcontract out a minimum of 30% of the Construction Phase Services Work.
(c) The CM/GC may select Subcontractors to perform Construction Phase Services utilizing either a
competitive bidding process or through negotiation, at CM/GC’s discretion.
The CM/GC shall comply with all Contract requirements defined in Exhibit 4 to this CM/GC Contract in
all respects for the solicitation of Disadvantaged Business Enterprise (DBE) and Minority, Women and
Emerging Small Business Enterprises (MWESB). Compliance shall include pass -through requirements
for Subcontractor demonstrations of good faith efforts for all subcontracted Work.
4.1 Award - The CM/GC shall request and receive proposals from subcontractors and
subcontracts will be awarded by the CM/GC after the proposals are reviewed by the CM/GC with
the Town. The CM/GC shall be authorized to submit proposals for portions of the Work only with the
prior written consent of the Town.
4.2 Substitution - If the Town refuses to accept a subcontractor recommended by the CM/GC,
the CM/GC shall recommend an acceptable substitute. The Guaranteed Maximum Price, if applicable,
shall be increased or decreased by the difference in cost occasioned by such substitution and an
appropriate Change Order shall be issued.
4.3 Forms - The form of the subcontract, including the General and Supplementary Conditions
applicable thereto, shall be reviewed by and satisfactory to the Town and the CM/GC.
4.4 The following minimum requirements apply to the Subcontractor selection process:
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(a) Subcontractors must be qualified to perform the Work for this Project by being
appropriately licensed with the Town of Estes Park.
(b) The CM/GC shall comply, and require Subcontractor compliance with, the “General
Wage Determination issued Under the Davis-Bacon and Related Acts” from the U.S.
Secretary of Labor. The wage rates that apply to this Project will be identified at the
time the initial set of construction Specifications are made available and are
incorporated into the first Work Package Amendment. Those rates will then apply
throughout the Project.
(c) The CM/GC shall review all bids and shall work with bidders to clarify submitted bids,
reduce exclusions, verify scope and quantities, and seek to minimize work
subsequently awarded via the Change Order process.
(d) The CM/GC's subcontracting records shall not be considered public records;
provided, however, that the Town and other agencies of the State shall retain the right
to audit and monitor the subcontracting process in order to protect the Town’s
interests.
5.0 CONTRACT TIME SCHEDULE
5.1 Schedule - The services and work to be performed under this Contract shall be in
general accordance with the Contract Time Schedule attached hereto as part of Exhibit 2.
5.2 Date of Final Completion – This date shall be established at the time a Guaranteed
Maximum Price is established.
Each Work Package Amendment shall establish a completion date for the Work covered by the Work
Package Amendment, and may establish interim completion dates for that Work. The GMP Amendment
shall establish a Contract Completion Date and may establish Interim Completion Date(s) for the Work as
agreed to by the Town and CM/GC., Liquidated damages figures shall be applied to each of the
established completion dates and shall be determined by the Town based on the value of the Work
Package Amendment and the GMP Amendment.
The Town has established the following targeted Contract Completion Date for this Project:
Complete all Work to be done under the Contract, except for plant establishment and punch list items, by:
June 1, 2017 (may be adjusted at time the GMP is established).
5.3 Revision - At the time a Guaranteed Maximum Price is fixed, as provided for in
Paragraph 6, a new Contract Date Schedule shall also be established including the Date of Final
Completion.
5.4 Delays and Extension of Time - If the CM/GC is delayed at any time in the progress of
the Work by any act or neglect of the Town or the Architect/Engineer or by any employee of either; or
by any separate contractor employed by the Town; or by changes ordered in the Work; or by labor
disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the
CM/GC's control; or by delay authorized by the Town; the Contract Time Schedule shall be extended
by Change Order for such reasonable time as the Town may determine. All requests for extension of
time or claims for extra costs occasioned by delays or neglect shall be subject to the Town's approval
and shall be made in writing to the Town no more than seven (7) days after the occurrence of the
delay or event causing the extra costs, in accordance with section 17 of the General Conditions of the
Agreement; otherwise they shall be waived and barred. To be considered, all delays due to adverse
weather conditions must be with consideration of limitations and requirements of section 18.00 of the
General Conditions to this contract.
5.5 Liquidated Damages - The CM/GC understands and agrees that the completion
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of the entire Project by the Date of Final Completion is an essential feature of this Agreement and
that the Town will sustain substantial damages, the amount of which is not possible to accurately
determine at the time of contracting and which may be difficult to prove, if the Work is not so
completed. The CM/GC, therefore, agrees to proceed with due diligence, taking all precautions and
making all necessary arrangements to insure the completion of the Work by the Date of Completion.
The CM/GC further agrees that his failure to fully and finally complete the Work within the time
allowed shall be considered a material breach of this Agreement and shall entitle the Town to collect
liquidated damages for the delay in completion in accordance with the General Conditions in the sum
of three thousand, nine hundred dollars ($3,900.00) per calendar day.
5.6 Early Completion Incentive - The Owner may consider allocating a portion of any
unspent Risk Contingency to the Contractor as a reward for completing all work on the project prior to
the Date of Final Completion.
6.0 GUARANTEED MAXIMUM PRICE
6.1 Development - The CM/GC shall deliver to the Town a proposed GMP and GMP
Supporting Documents at any point in the preconstruction phase. If any subcontracts are in effect at
the time the GMP is being established, the CM/GC shall use those subcontracts in establishing the
GMP.
As the Plans and Specifications may not be developed to completion at the time the GMP proposal is
prepared, the CM/GC shall include in the GMP all remaining Pre-construction Phase Services Work and
associated costs required for final development of the Plans and Specifications by the Architect/Engineer
that is consistent with the Contract Documents and reasonably inferable therefrom. Such final
development does not include such things as changes in Work scope, kinds and quality of Materials or
Equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a
corresponding GMP adjustment.
6.2 Establishment - When the design, plans and specifications are sufficiently complete
to make the final cost estimates and prior to awarding any subcontracts, the CM/GC will fix a
Guaranteed Maximum Price (GMP), guaranteeing the maximum cost to the Town for the Cost of the
Work and the CM/GC's Fees. Such GMP will be guaranteed by the CM/GC, subject only to
modification for Changes in the Work as provided in the General Conditions of the Agreement
17.00 Changes in the Work and for additional costs arising from delays caused by the Town or the
Architect/Engineer.
6.3 Subcontracts - When the CM/GC provides a GMP, the subcontracts will contain the
necessary provisions to allow the CM/GC to control the performance of the Work.
6.4 GMP Calculation - The GMP shall be determined in accordance with the formula set
forth below. Costs in excess of the GMP shall be paid by the CM/GC without reimbursement by the
Town. Changes to the GMP shall only be authorized by Amendment or Change Order.
Pre-construction Costs (Not To Exceed Amount)
+ CM/GC Fee (% of Cost of the Work)
+ Cost of the Work (scope inclusions as defined in RFP Addendum #8)
= GMP
6.5 CM/GC’s Guaranteed Maximum Price Proposal (GMPP), if accepted is to be made as an
amendment to this contract. The CM/GC shall include with its GMP proposal a written statement of its
basis (the "GMP Supporting Documents"), which shall include the following:
6.5.1 CM/GC's rental rates for Contractor-owned equipment and list of non -
expendable hand tools and list of expendable materials and expendable small hand tools are to be
included in GMPP.
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6.5.2 CM/GC's Self-Performed Work List. Self-performed work shall be
completed on a cost of the work basis. The CM/GC shall disclose to the Town, upon request, the range
of rates charges by those performing such work.
6.5.3 A list of the clarifications assumptions, exclusions, alternates, and
allowances, made by the CM/GC in the preparation of the GMP proposal to supplement the information
contained in the Plans and Specifications.
6.5.4 A list of the Plans and Specifications, including all Addenda thereto and the
conditions of the Contract, which were used in preparation of the GMP proposal.
6.5.5 The proposed Cost of the Work, including a statement of all costs organized
by bid items, estimated quantities, and unit prices, rolled into a total lump sum value
6.5.6 The Interim and Contract Completion Dates upon which the proposed GMP
is based, and a schedule of the construction documents issuance dates upon which the Interim
Completion Date(s) are based.
6.6 The CM/GC shall meet with the Town and Architect/Engineer to review the GMP proposal
and the written statement of its basis. If the Town or Architect/Engineer discovers any inconsistencies
or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make
appropriate adjustments to the GMP proposal, its basis or both.
6.7 Prior to the Town’s acceptance of the CM/GC's GMP proposal and issuance of a Notice
to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except
as specifically provided in an Work Package Amendment.
6.8 The Town shall authorize and cause the Architect/Engineer to revise the Plans and
Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications
contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the
CM/GC in accordance with schedules agreed to by the Town, Architect/Engineer and CM/GC. The
CM/GC shall promptly notify the Architect/Engineer and Town if such revised Plans and Specifications
are inconsistent with the agreed-upon assumptions and clarifications.
6.9 The GMP shall include in the Cost of the Work only those taxes which are enacted and
required at the time the GMP is established. The Town is tax exempt as a local government.
6.10 The CM/GC shall work with the Architect/Engineer and Town to identify and confirm any
Work not specifically shown but required for a complete, fully functional Project. The Town will direct the
Architect/Engineer to complete the final construction documents in accordance with the Project scope
agreed upon by all parties at the time the GMP is established.
6.11 Failure to Furnish an Acceptable GMP - If the CM/GC does not furnish a GMP acceptable
to the Town, or if the Town determines at any time in its sole discretion that the parties may fail to reach
a timely agreement on a GMP acceptable to the Town, the Town may terminate the Contract without
liability, and the CM/GC shall not receive additional compensation beyond the Pre-construction Costs
under the Contract, payable to the date of termination, together with amounts payable for Work
completed and accepted by the Town under an Work Package Amendment plus any applicable costs of
bonds. Termination under this provision shall proceed under Section 23 of the CM/GC General
Provisions as a termination for the Town’s convenience. The CM/GC further agrees that the Town shall
not be liable for any damages whether actual, consequential or otherwise for termination of the Contract
under this provision. The Town may elect to complete the construction Work for this Project utilizing any
alternative procurement method available.
6.12 Acceptance of GMP - Upon acceptance of the GMP by the Town, the parties shall execute
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a GMP Amendment.
6.13 Town Savings - If the Contract Amount, as defined in Article 6.1, is less than the GMP,
the savings shall accrue to the Town.
7.0 CONSTRUCTION MANAGER / GENERAL CONTRACTOR'S FEE
7.1 Determination - In consideration of the performance of this Agreement, the Town
agrees to pay the CM/GC in current funds as compensation for his services a CM/GC's Fee as
set forth in Paragraph 7.1.1 and 7.1.2.
7.1.1 Pre-Construction Phase Fee - For the performance of the Pre-
Construction Phase services, as defined in Paragraph 2.2, a fee which shall be payable to the
CM/GC on a time and material basis for the CM/GC Pre-Construction Phase services and additional
resource personnel up to a maximum, Not-to-Exceed (NTE) sum of $47,200.00 for Phase 1 work (ground
plus one elevated level) plus and additional $11,800.00 if the Phase 2 work (second and third elevated
levels) are added to the scope through a Work Package Amendment. The fee shall cover constructability
review services, cost estimating, insurance, development of GMP, and all other Pre-construction Phase
Services, as described in Paragraph 2.2.
The Town shall pay the Pre-construction Costs as specified on Form F, Price Proposal, in Exhibit 2, on an
actual-hours-worked basis with each application for payment during the Pre-construction Phase.
7.1.2 Construction Phase Fee - For work or services performed during the
Construction Phase, as defined in Paragraph 2.3, the fee specified on Form G in Exhibit 2 (ie
5% for only Phase 1 work (ground plus one elevated level) or 4.25% if the Phase 1 and Phase 2 work
(second and third elevated levels) are both constructed. The fee shall be paid proportionately to the
ratio the monthly payment for the Cost of the Work bears to the total Cost of the Work. Any balance of
this fee shall be paid the time of final payment.
The CM/GC Fee shall be a fixed dollar lump sum to be identified in the Work Package Amendments, and
shall be calculated as set forth in Form G of Exhibit 2 at the time of execution of the Work Package
Amendments. In making such calculation for the CM/GC Fee, the Cost of the Work shall exclude the Pre-
construction Costs, the CM/GC Fee itself, and any other cost or charge which this CM/GC Contract states
is not to be included in calculating the CM/GC Fee.
The CM/GC Fee is inclusive of profit, general and administrative (“G&A”) costs and home office overhead,
as normally applied to projects as set forth in paragraph 7.3.
7.2 Adjustments - Adjustments in Fee shall be made as follows:
7.2.1 Change in Scope - The CM/GC fee shall be adjusted for Town approved
changes in the Cost of the Work for approved changes in the scope of the Work. A change in the
scope of the Work for purposes of this Article is defined as follows:
7.2.1.1 Changes which vary the scope of the original scope of Work,
based either on square footage of floor area or estimated construction cost.
7.2.1.2 Change orders involving the procurement of additional
subcontractors, not previously contemplated by the Contract Documents.
7.2.1.3 Changes which involve the revision or modification of major
systems not contemplated in the original scope of Work.
7.2.2 Delays - For delays in the Work, other than for weather, in excess of seven
(7) calendar days and which are not the responsibility of the CM/GC, there will be an equitable adjustment
in the Fee to compensate the CM/GC for verified and documented increased expenses.
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7.2.3 Additional Services - Additional services, as described in Paragraph 2.4
shall be paid as agreed by the parties in writing.
7.3 Items Included in Fee - Included in the CM/GC's Fee for the Construction Phase are
the following:
7.3.1 Profit - Before tax profit.
7.3.2 Overhead - Off-site costs for general management of the Project including:
7.3.2.1 Salaries or other compensation of the CM/GC's employees
at the principal office and branch offices to provide support in scheduling the Work, cost estimating,
cost accounting, processing payment requests, processing Change Orders, processing shop
drawings/samples, etc.
7.3.2.2 General operating expenses of the CM/GC's principal and
branch offices other than the field office.
7.3.2.3 Any part of the CM/GC's capital expenses, including interest
on the CM/GC's capital employed for the Work.
7.3.2.4 Costs due to the negligence of the CM/GC, any subcontractor,
anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable,
including but not limited to, the correction of defective or nonconforming Work, disposal of materials
and equipment wrongly supplied, or making good any damage to property.
7.3.2.5 Overhead or general expenses of any kind, except as may be
expressly included in Paragraph 8.
7.3.2.6 Costs in excess of the GMP, if any, as set forth in Paragraph
6 and adjusted pursuant to the General Conditions of the Agreement, 17.00 Changes in the Work.
8.0 COST OF THE WORK
8.1 Definition - The term Cost of the Work shall mean costs necessarily incurred in the proper
performance of the Work during or Construction Phase, and paid by the CM/GC. Such costs shall be
at the lowest responsible competitive rates not higher than the standard paid in the locality of the Work
except with prior consent of the Town, and shall include the items set forth below in this Paragraph.
The Town agrees to pay the CM/GC for the Cost of the Work as defined in this Paragraph 8. Such
payment shall be in addition to the CM/GC's Fee stipulated in Paragraph 7.
8.2 Cost Items Included - On-site costs of the Work including General Conditions,
Contractor self-performed work and the aggregate cost of subcontracts.
8.2.1 General Condition Costs - Those costs for work outlined in the
General Conditions of the Contract that are the responsibility of the CM/GC unless specific items
of Work are included in subcontract work.
8.2.1.1 Wages paid for labor in the direct employ of the CM/GC in the
performance of the Work
8.2.1.2 Cost of ordinary employee benefits and taxes, such as pension
contributions, hospitalization, vacations, medical insurance, assessments or taxes for
such items as unemployment compensation and Social Security, insofar as such cost is
based on wages, salaries or other remuneration paid to employees of the CM/GC and
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included in the Cost of the Work.
8.2.1.3 The proportion of reasonable transportation, traveling and hotel
expenses of the CM/GC or of his officers or employees incurred in discharge of duties
connected with the Work, when the necessity for such expenditures is approved in
advance by the Town.
8.2.1.4 Cost of all materials, supplies and equipment incorporated in
the Work, including costs of transportation thereof.
8.2.1.5 Cost, including transportation and maintenance, of all materials,
supplies, equipment and hand tools not owned by the workmen employed by the
CM/GC, which are employed or consumed in the performance of the Work and cost
less salvage value on such items used but not consumed which remain the property of
the CM/GC.
8.2.1.6 Rental charges of all necessary machinery and equipment,
exclusive of hand tools, used at the site of the Work, whether rented from the CM/GC
or other, including installation, repairs and replacements, dismantling, removal, costs of
lubrication, transportation and delivery costs thereof, at rental charges consistent with
those prevailing in the area. All equipment which the CM/GC intends to rent to the
Town and the rates therefor must be approved by the Town in writing prior to use.
8.2.1.7 Cost of the premiums for all bonds which are required by the
Contract Documents.
8.2.1.8 Unavoidable sales taxes, if approved in writing in advance by the
Town.
8.2.1.9 Permit fees, licenses, tests and royalties.
8.2.1.10 Minor expenses such as long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in connection with
the Work.
8.2.1.11 Cost of removal of all debris, snow removal, interim and final
cleaning.
8.2.1.12 Costs incurred due to an emergency affecting the safety of
persons or property, to the extent not compensated by insurance or otherwise, and
not attributable to the fault of the
8.2.1.13 Cost of site security during construction, if requested by the
Town, and the cost of site safety measures, such as fences, signs, and barricades.
8.2.1.14 Cost of computer services as required at the field office.
8.2.1.15 Cost of construction support activities such as Work items
included in the General Conditions of the Contract and in the specifications unless they
are provided by subcontractors.
8.2.1.16 The cost of adequate, weatherproofed, heated and well lighted
office space with telephone service at the site of the Work for the use of the CM/GC and
the Architect/Engineer and Town representatives.
8.2.1.17 The cost of providing and maintaining neat, sanitary and
adequate temporary toilet facilities for all personnel at the construction site.
8.2.1.18 The cost of providing suitable temporary facilities and quarters
for workmen and of maintaining on premises water tight storage sheds and tool houses
for storage of building materials and tools.
8.2.1.19 The cost of providing temporary facilities required to supply
all the power, light, water and heat needed for the proper execution and completion of
the Work. Unless provided by subcontractors, the cost of all power, light, water and heat
for the duration of the Work.
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8.2.1.20 The cost of providing temporary weather protection and
temporary heating as required for the expeditious prosecution of the Work.
8.2.1.21 Other costs incurred in the performance of the Work if and
to the extent approved in advance in writing by the Town.
8.2.1.22 All costs directly incurred in the performance of the Work and
not included in the CM/GC Fee as defined in Paragraph 7.
8.2.2 Subcontracts - The cost of Work performed by subcontractors.
8.2.3 Estimates - The CM/GC shall include a detailed and itemized estimate of General
Condition costs as a part of each estimate for the Cost of the Work. After the Contract Documents
have been completed and before Work is released for bidding, the CM/GC shall prepare an estimate of
the Cost of the Work that provides a subtotal of costs for each subcontract package and includes the
costs for General Conditions.
9.0 Work Package Amendments
9.1 The CM/GC shall collaborate with the Town and the Architect/Engineer in the development
of the Work Package Amendments to be constructed prior to determination of the GMP, and executed as
Work Package Amendments. Scope of work and value of each Work Package shall be determined
through collaboration with the Town and Architect/Engineer, and agreed to by the Town prior to execution
of a Work Package Amendment. Notice to Proceed will not be issued for any Work Package Amendment
until the Town has fully completed the permitting process related to the Work identified in the Amendment.
9.2 The CM/GC shall collaborate with the Architect/Engineer, Town Project Leader, and the
ICE on the establishment of appropriate items and corresponding estimated quantities for all Work items
included in the Work Package Amendment. Once all parties have agreed to the items and estimated
quantities for all items of Work, the CM/GC shall propose unit costs for all items. The Town and the
CM/GC shall meet to review all proposed unit costs along with the following supporting data to be supplied
by the CM/GC:
9.2.1 All open-book cost build-ups including material costs, labor costs, equipment
costs, and subcontractor quotes for each work line item.
9.2.2 A list of clarifications and assumptions made by the CM/GC in the establishment
of the proposed unit costs including site conditions, construction means and
methods, and identification of Work to be subcontracted or self-performed by the
CM/GC.
9.2.3 Any proposed Interim Completion Date(s) and the final completion date applicable
to the Work Package Amendment.
9.3 The Town and CM/GC shall negotiate the estimated quantities, unit prices, and all
components of the Work Package Amendment and shall establish a set of assumptions upon which all
Work and unit prices are based. This is to include budget line items for Owner’s Risk Contingency and
Contractor’s Risk Contingency. The Risk Contingency amounts are to be established on a written Risk
Register spreadsheet (provided by the Contractor and approved by the Owner and ICE) which identifies
and quantifies elements of potential risk for cost change during construction of the project. The value of
the Risk Contingency line items will be reduced as the final design approaches completion and
subterranean unknowns are exposed. The Contractor’s Risk Contingency usage is to be 50% of the total
construction risk contingency, and is to be used for project issues that are the responsibility of the
contractor, but beyond the Contractor’s control. The Owner’s Risk Contingency is to be 50% of the
construction contingency, and is to be used for project issues that are the responsibility of the Owner, but
beyond the owner’s control such as unforeseen conditions and required changes in scope.
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9.4 Spending of any Risk Contingency shall be approved in advance by the Owner. All
unspent risk contingency shall be considered project savings to be expended on project related work or
returned to the Owner at project completion, as determined by the Owner.
9.5 Once all components of the Work Package Amendment are agreed upon by the Town and
CM/GC, all item total costs (item estimated quantity multiplied by unit cost) shall be rolled into one total
lump sum, which becomes the Cost of the Work for the Work Package Amendment. The Cost of the
Work for all Work Package Amendments shall be combined to establish the Cost of the Work Package
Amendment. The CM/GC Fee shall then be applied by multiplying the percentage shown in Section 7.1.2
by the Cost of the Work of the first Work Package Amendment. The CM/GC Fee then becomes fixed for
that Work Package Amendment. The agreed-to, actual reimbursable costs for any applicable
Performance and Payment bonds shall then be applied as a separate line item. The sum of the Cost of
the Work (lump sum), the CM/GC Fee and the costs of the bonds shall then be rolled into one total lump
sum which becomes the total “Work Price” for the Work Package Amendment.
Cost of the Work (LS) + CM/GC Fee + Bond Cost = Work Price (LS)
9.6 Any change in Work Means, Methods, or Materials proposed by the CM/GC and accepted
by the Town, shall be applied to the Project through an Amendment or Contract Change Order.
Reductions or increases in the lump sum cost of a Work Package Amendment shall adjust the CM/GC
Fee as described in Section 7.2.1.
9.7 For each Work Package Amendment executed by the CM/GC and Town, the Town shall
pay the CM/GC, as payment for the Work, an amount equal to the sum of the CM/GC Fee attributable to
the Work, the cost of any bonds applicable to the Work, and the lump sum Work completed and accepted
by the Town. Any changes to the lump sum Work Package Amendment shall be executed as a Contract
Change Order. The CM/GC Fee and any applicable bond costs shall be included in all executed Contract
Change Orders.
9.8 Once a GMP Amendment is executed, the Town shall pay the CM/GC, as payment for the
Work, the Contract Amount which shall equal the sum of the Pre-construction Costs, the CM/GC Fee,
the cost of any bonds applicable to the Work, and the Cost of the Work (lump sum), not exceeding the
GMP.
10.0 TERMINATION OR SUSPENSION
10.1 Town’s Right to Terminate Prior to Execution of GMP Amendment - Prior to execution by
both parties of the GMP Amendment, the Town may terminate the Contract at any time without cause.
Upon such termination, the amount to be paid to the CM/GC shall not exceed the Pre-construction
Costs payable to the date of termination, together with amounts payable for Work if a Work Package
Amendment has been executed, plus any applicable costs of bonds. If the Town terminates under this
Section 10.1 during the Pre-construction Phase, the Town shall be entitled to copies of, and shall have
the right to use, all Work Products of the CM/GC and its Subcontractors performed to the date of
termination, and the CM/GC shall deliver copies of the same to the Town on request.
10.2 Town’s Termination for Public Convenience after GMP Amendment - After the GMP
Amendment is executed by both parties, and upon notice to the CM/GC as provided in Section 23 of the
CM/GC General Provisions, the Contract may be terminated by the Town without penalty for
convenience, in which case the CM/GC shall be entitled to payment of any earned but unpaid amounts
provided for in Article 13.1, together with the Cost of the Work completed under the GMP Amendment,
plus the costs of bonds, plus the CM/GC Fee prorated based on the Cost of the Work completed prior to
the date of termination, but in any event not in excess of the GMP.
10.3 Town’s Termination for Default - In the event of termination of this Agreement by the
Town for cause pursuant to Section 24 the CM/GC General Provisions, the CM/GC may be liable for
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damages or losses suffered by the Town because of the breach, and in any event, the amount, if any, to
be paid to the CM/GC after application of the these provisions and the Town’s rights at law shall not
exceed the amount provided in Section 24.05 of the CM/GC General Provisions.
10.4 Additional Defaults - In addition to the acts listed in CM/GC General Provisions, Section
24, the following shall also be considered defaults for which the Contract may be terminated:
10.4.1 The CM/GC no longer holds the licenses or certificates required to perform the
Work or any portion thereof.
10.4.2 The CM/GC so fails to perform any agreed-upon portion of the Work as to
endanger the CM/GC’s performance under the Contract in accordance with its terms, and such breach,
default or failure is not cured within the time periods and requirements of CM/GC General Provisions,
Section 21.
10.4.3 The CM/GC made knowing or reckless misrepresentations, concealed facts, or
failed to disclose information in the CM/GC’s Proposal. Such shall constitute fraudulent inducements,
and shall entitle the Town to recover reliance damages, in addition to any other available remedies to
which it may show itself entitled.
10.5 Town’s Termination of Contract / Non-availability of Funds
10.5.1 The Town may terminate the Contract, in whole or in part, immediately upon
notice to the CM/GC, or at such later date as the Town may establish in such notice, upon the
occurrence of any of the following events:
10.5.1.1 The Town fails to receive funding, or appropriations, allotments,
limitations or other expenditure authority at levels sufficient to pay for the CM/GC’s Work; or
10.5.2.1 Federal or State Laws are modified or interpreted in such a way
that either the Pre-construction Phase Services or Construction Phase Services is prohibited, or the
Town is prohibited from paying for such services from the planned funding source.
10.5.2 The Town reasonably believes that sufficient funds are anticipated to pay all
amounts due hereunder, and hereby covenants and agrees that it will use its best efforts to obtain and
properly request and pursue funds from which payments hereunder may be made, including making
provisions for such payments to the extent necessary in the budget submitted for the purpose of
obtaining funds, and will use its best efforts to have such budget approved. It is the Town’s intention to
make all payments due hereunder if funds are legally available for such purpose.
10.5.3 If, despite the above, the Town is not allotted sufficient funds for the next
succeeding fiscal period by appropriation, limitation, grant, or other funds source lawfully available to it
for such purposes to continue the Project and make payments hereunder, the Town may terminate the
Contract, by notice to the CM/GC, without penalty, effective upon exhaustion of allocated funds, and
such termination shall not constitute an event of default under any provision of the Contract. The Town
will give the CM/GC notice of such non-availability of funds within 30 Calendar Days after it receives
notice. The Parties shall perform their respective remaining obligations as delineated in CM/GC
General Provisions, Subsections 00180.90(c) and 00195.70(b).
10.6 Quality of the Work – In the event of the Town’s termination of the Contract, regardless of
reason, the CM/GC shall remain responsible for the quality of the Work performed through the date of
termination.
10.7 CM/GC’s Remedies - In the event of dispute involving alleged Town default, the CM/GC
shall be limited solely to pursuing remedies through those claims procedures set forth in CM/GC
General Provisions, Section 25.
10.8 Litigation - In the event of litigation initiated by the CM/GC in accordance with CM/GC
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General Provisions, Subsection 00199.40(e), or by the Town for breach of Contract, in addition to its
other available remedies the Town may pursue both recoupment and set-off.
11.0 REPRESENTATIONS, WARRANTIES and CERTIFICATIONS
Representations and Warranties – The CM/GC represents and warrants to the Town as of the effective
date of the Contract:
11.1 It is qualified to do business as a licensed general contractor under the laws of the State
of Colorado, and has all requisite corporate power and corporate authority to carry on its business as now
being conducted.
11.2 It has full corporate power and corporate authority to enter into and perform the Contract
and to consummate the transactions contemplated hereby; the CM/GC has duly and validly executed and
delivered this CM/GC Contract to the Town and that the Contract constitutes the legal, valid and binding
obligation of the CM/GC, enforceable against the CM/GC in accordance with its terms, except as
enforceability may be limited or affected by applicable bankruptcy, insolvency, reorganization, moratorium
or other similar laws affecting creditors' rights generally and by general principles of equity (regardless of
whether enforceability is considered in a proceeding in equity or at law).
11.3 The CM/GC's execution and delivery of this CM/GC Contract and the consummation of the
transactions contemplated hereby will not conflict with or result in a material breach of any terms or
provisions of, or constitute a material default under, (a) CM/GC's Articles of Incorporation or Bylaws;
(b) any note, bond, mortgage, indenture, license, lease, contract, commitment, agreement or other
instrument or obligation to which the CM/GC is a party or by which the CM/GC may be bound; or (c) any
statute, order, writ, injunction, decree, rule or regulation applicable to the CM/GC.
11.4 No material consent, approval, authorization, declaration or other order of, or registration
or filing with, any court or regulatory authority or any third person is required for the valid execution,
delivery and performance of the Contract by the CM/GC or its consummation of the transactions
contemplated hereby.
11.5 There is no action, proceeding, suit, investigation or inquiry pending that questions the
validity of the Contract or that would prevent or hinder the consummation of the transactions contemplated
hereby.
11.6 The CM/GC's Project Principal, Project Manager and Construction Manager identified in
Article 4 are duly appointed representatives and each has the authority to bind the CM/GC to any and all
duties, obligations and liabilities under the Contract Documents and any Amendments thereto.
12.0 MISCELLANEOUS PROVISIONS
12.1 Assignment - Neither party to this Agreement shall assign its interests herein in whole or
in part without the written consent of the other; nor shall the CM/GC assign any moneys due or to
become due to CM/GC hereunder, without the previous written consent of the Town.
12.2 Binding Effect - This Agreement shall be binding upon the successors and assigns of the
respective parties.
12.3 Controlling Law - This Agreement is being executed and is to be performed in the State
of Colorado, and shall be enforced and construed according to the laws of the State of Colorado with
venue in Larimer County.
12.4 Waiver - Any failure of the Town or the CM/GC to require strict performance or any waiver
of any provision herein shall not be construed as a consent or waiver to any other breach of the same or
any other provision.
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12.5 Severability - If in any instance any provision hereof shall be determined to be invalid
or unenforceable under any applicable law, such provision shall not apply in such instances, but the
remaining provisions shall be given effect in accordance with their terms.
12.6 Notices - Any notices required or permitted under this Agreement shall be deemed given
when personally delivered or when deposited in the United States Certified Mail, postage prepaid
and addressed to Town or the Contractor:
TOWN OF ESTES PARK: CONTRACTOR:
Town of Estes Park Heath Construction, LLC
Attn: Greg Muhonen, Director of Public Works Attn: Dave Sandlin, Vice
President
170 MacGregor Ave. 141 Racquette Drive
Estes Park, CO 80104 Fort Collins, CO 80525
12.7 Colorado Governmental Immunity Act – No term or condition of this Contract shall be
construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental
Immunity Act, C.R.S. §24-10-101 et. seq. and under any other applicable law.
12.8 Attorney’s Fees and Costs - In the event it becomes necessary for either party to bring
any action to enforce any provision of this Contract or to recover any damages from the other party as a
result of the breach of this Contract, including, but not limited to, defective work, and the party that
prevails in such litigation, the other party shall pay the prevailing party its reasonable attorney’s fees and
costs as determined by the court.
12.9 Additional Contract Documents – The following exhibits are attached to and included as
part of the Contract Documents:
• Exhibit 1 – Request for Proposal for Estes Park Transit Facility Parking
Structure
• Exhibit 2 – Proposal for Estes Park Transit Facility Parking Structure
• Exhibit 3 – CM/GC Method of Payment.
• Exhibit 4 – Federal Requirements
• Exhibit 5 – Performance & Payment Bond form
13.0 DISPUTE RESOLUTION PROCEDURE
13.1 Disputes – For any and all disputes between the Town and the CM/GC, the parties will
endeavor to resolve all such disputes through good faith negotiations. If the parties are unable to
negotiate a mutually acceptable resolution, the parties agree to appoint a third party mediator, whose
fees they will split evenly. The parties agree to meet in good faith with the mediator in order to attempt
to resolve the dispute. Pending final resolution of any claim, the CM/GC will proceed diligently with
performance of the Work (unless the Town directs otherwise in writing) and the Town will continue to
make payments not the subject of the particular dispute in accordance with this Agreement.
This Agreement is effective the day and year first written above upon the signatures of the
undersigned parties.
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Construction Manager/General Contractor:
Heath Construction, LLC
141 Racquette Drive
Forth Collins, CO 80525
By:
Title: Attest:
Town:
Town of Estes Park
By:
Mayor, Town of Estes Park
Attest:
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PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Greg Muhonen, PE, Public Works Director
Date: September 27, 2016
RE: Independent Cost Estimating (ICE) Services for the Estes Park Transit
Facility Parking Structure
Objective:
Deliver 310 new parking spaces in the proposed Estes Park Transit Facility Parking
Structure before July 2017 by completing 5 critical steps:
1) Increase the price and term of the existing Project Management contract with
Space Into Place Architecture & Design (SIPAD) to reflect changes in the project
scope and duration (Action Item tonight).
2)Hire a credible & trustworthy Independent Cost Estimator to review all
construction costs and confirm fair, market-value pricing is honored throughout
the construction (this Item).
3) Hire a first class Construction Manager/General Contractor and team of
tradesmen to meet the project scope and cost goals (Action Item tonight).
4) Increase the price and term of the existing Design Services Contract to complete
the construction documents and provide periodic construction administration for
the elevated third and fourth levels in the structure (Oct 11 Action Item).
5) Obtain $4 million in additional construction funding through a private financier to
accomplish the Phase 2 third and fourth levels concurrently with the funded
Phase 1 ground plus second level (Oct 11 Action Item).
Present Situation:
At the Town Board meeting on March 24, 2015, the Public Works staff was authorized
to seek approval from the Federal Transit Administration (FTA) and the Bureau of
Reclamation (BoR) to relocate the new transit facility parking structure from the north
parking lot to the south parking lot at the Estes Park Visitor Center where fewer utility
and access conflicts exist. This is a complicated endeavor which requires substantial
time to complete a new preliminary design, draft a new Environmental Assessment,
negotiate a Special Use Permit with the BoR, perform a new geotechnical investigation,
coordinate utility impacts, mitigate concerns from the EVRPD, obtain formal approval
from FTA, complete the final design, obtain two new access permits from CDOT, bid the
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project, build the project, and complete the closeout paperwork for cost reimbursement
from the grant funding agencies.
Over a year of negotiation, meetings, and study was required to obtain FTA approval to
relocate the proposed transit facility parking structure. In an effort to keep the project
costs within the budgeted funding amount, the scope was separated into two phases.
Phase One (the funded phase) consists of a ground floor and one elevated second level
which would provide an additional 108 parking spaces. Phase Two (the future
unfunded phase) consists of two additional elevated levels which would provide an
additional 202 parking spaces. The completed project would add 310 parking spaces to
the existing 102 spaces in the south parking lot, resulting in a total of 412 spaces at this
location.
The delays in obtaining NEPA clearance, approval to relocate the project, and approval
to commence final design at the south site jeopardized our $400k FASTER funding from
CDOT. In order to preserve this grant funding and minimize further construction cost
escalation, the Town is pursuing fast-tracked Construction Manager/General Contractor
(CMGC) project delivery. This method involves selection of the construction contractor
based on proposals documenting qualifications, experience, availability, ability to meet
the project schedule, and trust in the contractor’s stated commitment to complete the
work within the budgeted funding. Under CMGC, construction stages commence prior
to, and runs in parallel with, completion of the final design drawings. This accelerates
completion of the project construction and saves construction cost. This contrasts with
the traditional method of completing the full project design, soliciting firm bids, and
awarding the work to the lowest responsive and responsible bidder sequentially prior to
starting construction.
To provide accountability to the taxpayers that the price paid for the project work items
is fair and consistent with current market rates, an ICE is retained to evaluate and assist
the Town in negotiating all project costs prior to commencement of each stage of work.
Proposal:
The Public Works Department proposes to hire Stanton Constructability Services, LLC
to provide Independent Cost Estimating Services for an established maximum payment
not to exceed $28,000.00 for Phase One work or $39,997.50 for Phases One and Two
work. This is a time and materials contract and only the actual time expended and
expenses incurred on the project will be paid for.
Advantages:
Stanton has extensive experience performing ICE services on over 60 different
CMGC projects which will assist the team in meeting the aggressive cost and time of
completion goals.
Stanton is already intimately familiar with the local labor, equipment, and materials
rates in our local area through their existing contract with CDOT to perform ICE
services on the US 34 Permanent Repair CMGC project.
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Stanton is a licensed General Contractor with a combined 200 plus year of
construction industry work experience.
Stanton works solely with Owners and Owner’s Representative and does not
perform estimating functions for non-owner entities.
The Stanton team is available now to assist the Town in moving this project
aggressively forward toward the goal of construction completion in 2017.
Disadvantages:
Expanding the project scope, duration, and team size increases project cost.
Adding parking spaces is expected to increase RMNP hiker shuttle ridership which
increases national park visitation which increases human impact on the Park’s
natural resources.
Potential loan funding of Phase 2 work increases Town indebtedness while
procuring lower current construction pricing and decreasing future disruption to
traffic and the economy.
Action Recommended:
The Public Works Department recommends the Town Board authorize the Mayor to
sign the proposed Professional Services Agreement authorizing the expenditure
increase of $28,000 for Phase 1 work and $11,997.50 for Phase 2 work contingent upon
receipt of Phase 2 construction funding. The revised contract price is not to exceed
$39,997.50.
Budget:
Projected future expenses for the Phase 1 parking structure tasks would be paid fully
with existing grant and local funds from account number 204-5400-3544-36-53 of the
Community Reinvestment Fund (CRF). This costs of the Phase 1 work in this services
contract will need to be paid from available construction funds. The remaining balance
of Phase 1 construction funds is estimated to be $4.02 million.
Authorization to spend the proposed Phase 2 PM costs of $11,997.50 is conditional
upon the Town Board approving a future financing agreement and a $4 million project
budget increase for the Phase 2 work.
Level of Public Interest
The known level of public interest in this project is high. Public interest in this proposed
contract is expected to be low.
Sample Motion:
I move for the approval/denial to authorize the Mayor to sign a Professional Services
Agreemtent with Stanton Constructability Services, LLC in the maximum amount of
$39,997.50 contingent upon the terms and conditions described in the staff Memo.
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Attachments:
Professional Services Contract
Other References
Stanton Proposal for ICE Services
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PROFESSIONAL SERVICES CONTRACT
This Contract is entered into this 27th day of September, 2016 , by and between the
Town of Estes Park, Colorado (“Town”) and Stanton Constructability Services (“Consultant”).
Whereas, the parties desire to contract with one another to complete the following
project: Independent Cost Estimator Services - Transit Facility Parking Structure
Now, therefore, in consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
1. Services.
a.The Consultant shall perform the services set forth in Exhibit A, attached
hereto and incorporated herein by reference (“Services”). The Town
reserves the right to remove any of the Services from Exhibit A upon written
notice to Contractor. In the event of any conflict between this Contract and
Exhibit A, the provisions of this Contract shall prevail.
b.No material change to the Services, including any additional compensation,
shall be effective or paid unless authorized by written amendment to this
Contract 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.
2.Price. The Town shall pay the Consultant a sum not to exceed $28,000 with an
option to award an additional phase of the project at the agreed amount of $11,997.50 for a total
price of $39,997.50. The Town shall make payment within thirty days of receipt and approval of
monthly invoices, which shall identify the specific Services performed for which payment is
requested. Should Phase Two of this project take place, a separate Notice to Proceed will be
required to authorize commencement on Phase Two work .
3.Term. This Contract shall be effective from September 27, 2016 through
December 31, 2017. This Contract may be extended or renewed by written agreement of the
parties.
4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt
or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the
Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The
Town shall have no obligation to continue this Contract in any fiscal year in which no such
appropriation is made.
5.Independent Contractor. The parties agree that the Consultant is an independent
Contractor and is not an employee of the Town. The Consultant is not entitled to workers’
compensation benefits from the Town and is obligated to pay federal and state income
tax on any money earned pursuant to this Contract.
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6.Insurance Requirements.
a.Policies. The Consultant and its subconsultants, if any, shall procure and
keep in force during the duration of this Contract the following insurance
policies and shall provide the Town with a certificate of insurance evidencing
upon execution of this Contract:
i.Comprehensive general liability insurance insuring the Consultant
and naming the Town as an additional insured with minimum
combined single limits of $1,000,000 each occurrence and
$1,000,000 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
interests provision.
ii.Comprehensive automobile liability insurance insuring the Consultant
and naming the Town as an additional insured against any liability for
personal injury, bodily injury, or death arising out of the use of motor
vehicles and covering operations on or off the site of all motor
vehicles controlled by the Consultant which are used in connection
with this Contract, whether the motor vehicles are owned, non-
owned, or hired, with a combined single limit of at least $1,000,000.
iii.Professional liability insurance insuring the Consultant against any
professional liability with a limit of at least $1,000,000 per claim and
annual aggregate. (Note: this policy shall only be required if the
Consultant is an architect, engineer, surveyor, appraiser, physician,
attorney, accountant, or other licensed professional.)
iv.Workers’ compensation insurance and all other insurance required
by any applicable law.
b. Requirements. Required insurance policies shall be with companies
qualified to do business in Colorado with a general policyholder’s financial
rating acceptable to the Town. Said policies shall not be cancelable or
subject to reduction in coverage limits or other modification except after thirty
days prior written notice to the Town. The Consultant shall identify whether
the type of coverage is “occurrence” or “claims made.” If the type of
coverage is “claims made,” which at renewal the Consultant changes to
“occurrence,” the Consultant shall carry a six-month tail. Comprehensive
general and automobile policies shall be for the mutual and joint benefit and
protection of the Consultant and the Town. Such policies shall provide that
the Town, although named as an additional insured, shall nevertheless be
entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of negligence of the Contractor,
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its officers, employees, agents, subconsultants, or business invitees. Such
policies shall be written as primary policies not contributing to and not in
excess of coverage the Town may carry.
7. Indemnification. The Consultant agrees to indemnify and hold harmless the
Town, its officers, employees, and agents from and against all liability, claims, and demands on
account of any injury, loss, or damage, including court costs and attorneys’ fees, arising out of
or connected with the Services, if such injury, loss, or damage, or any portion thereof, is caused
by, or claimed to be caused by, the negligent act, omission, or other fault of the Consultant or
any subconsultant of the Consultant, or any officer, employee, or agent of the Consultant or any
subconsultant, or any other person for whom the Consultant is responsible. The Consultant’s
indemnification obligation shall not be construed to extend to any injury, loss, or damage to the
extent caused by the act, omission, or other fault of the Town. This paragraph shall survive the
termination or expiration of this Contract.
8.Professional Responsibility.
a.Consultant hereby warrants that it is qualified to perform the Services, holds
all professional licenses required by law to perform the Services, and has all
requisite corporate authority to enter into this Contract.
b.The Services 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 Services 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 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 its services. Neither
the Town's review, approval, or acceptance of, nor payment for, any of the
Consultant’s services shall be construed to operate as a waiver of any rights
under this Contract or of any cause of action arising out of the performance
of this Contract.
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 services provided by Consultant pursuant to the terms and
conditions of this Contract. Consultant understands and agrees that the
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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 Town.
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 Contract, 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 Contract including, but
not limited to, Section 10.
9.Governmental Immunity Act. No term or condition of this Contract shall be
construed or interpreted as a waiver, express or implied, of any of the notices, requirements,
immunities, rights, benefits, protections, limitations of liability, and other provisions of the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other
applicable law.
10.Compliance with Applicable Laws.
a. Generally. The Consultant shall comply with all applicable federal, state,
and local laws, including the ordinances, resolutions, rules, and regulations
of the Town. The Consultant shall solely be responsible for payment of all
applicable taxes and for obtaining and keeping in force all applicable permits
and approvals.
b.C.R.S. Article 17.5, Title 8. The Consultant hereby certifies that, as of the
date of this Contract, it does not knowingly employ or contract with an illegal
alien who will perform work under this Contract and that the Consultant will
participate in the e-verify program or Colorado Department of Labor and
Employment (“Department”) program as defined in C.R.S. § 8-17.5-101 in
order to confirm the employment eligibility of all employees who are newly
hired for employment to perform work under this Contract. The Consultant
shall not knowingly employ or contract with an illegal alien to perform work
under this Contract or enter into a contract with a subconsultant that fails to
certify to the Consultant that the subconsultant shall not knowingly employ or
contract with an illegal alien to perform work under this Contract. The
Consultant certifies that it has confirmed the employment eligibility of all
employees who are newly hired for employment to perform work under this
Contract through participation in either the e-verify program or the
Department program. The Consultant is prohibited from using either the e-
verify program or the Department program procedures to undertake pre-
employment screening of job applicants while this Contract is being
performed. If the Consultant obtains actual knowledge that a subconsultant
performing work under this Contract knowingly employs or contracts with an
illegal alien, the Consultant shall be required to: (i) notify the subconsultant
and Town within three days that Consultant has actual knowledge that the
subconsultant is employing or contracting with an illegal alien; and (ii)
terminate the subcontract with the subconsultant if within three days of
receiving the notice required pursuant to this subparagraph the
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subconsultant does not stop employing or contracting with the illegal alien;
except that Consultant shall not terminate the contract with the
subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed
or contracted with an illegal alien. The Consultant shall comply with any
reasonable request by the Department made in the course of an
investigation that it is undertaking pursuant to the authority established in
C.R.S. Article 17.5, Title 8. If the Consultant violates this paragraph, the
Town may terminate this Contract for default in accordance with
“Termination,” below. If this Contract is so terminated, the Consultant shall
be liable for actual and consequential damages to the Town. (Note: this
paragraph shall not apply to contracts: (i) for Services involving the delivery
of a specific end product (other than reports that are merely incidental to the
performance of said work); or (ii) for information technology services and/or
products.)
11. Termination.
a.Without Cause. Either party may terminate this Contract without cause upon
thirty days prior written notice to the other. The Town shall be liable to pay
the Consultant for Services performed as of the effective date of termination,
but shall not be liable to the Consultant for anticipated profits.
b.For Default. Each and every term and condition hereof shall be deemed to
be a material element of this Contract. In the event either party fails to
perform according to the terms of this Contract, such party may be declared
in default. If the defaulting party does not cure said breach within ten days of
written notice thereof, the non-defaulting party may terminate this Contract
immediately upon written notice of termination to the other. In the event of
termination of this Contract pursuant to this Section, the non-defaulting party
shall be entitled to recover all damages caused by said default. In the event
that Consultant is in default, the Town may withhold payment to the
Consultant for the purposes of setoff until such time as the amount of
damages is determined.
12.Notices. Written notices shall be directed as follows and shall be deemed
received when hand-delivered or emailed, or three days after being sent by certified mail, return
receipt requested:
To the Town: To the Consultant:
Ginny Gerhart McFarland Marko Pala
Town of Estes Park Stanton Constructability Services, LLC
170 MacGregor Avenue PO Box 581127
Estes Park, CO 80517 Salt Lake City, UT 84158
Email: ginny@spaceintoplace.com Email: mpala@stantoncs.com
13.Special Provisions.
This is a time and materials contract with an established maximum payment not
to exceed $28,000.00 for Phase One or $39,997 for Phases One and Two.
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Hourly rates to be based on the Fee Schedule for Services attached to this
Agreement in Exhibit A.
The Contract work shall be completed according to the following schedule and to
the terms required in the Request for Proposal attached as “Exhibit B,” unless
otherwise modified in writing with a subsequent Amendment to this Contract.
Partnering Meeting Sept. 28-29, 2016
First mini GMP (Clearing and Grubbing) Sept. 29, 2016 – partnering meeting
Start Construction on first Work Package October 15, 2016
Complete first Work Package and Pay Application November 1, 2016
14.Time of the Essence. Time is of the essence in performance of the Services and
is a significant and material term of this Contract.
15.Entire Agreement. This Contract contains the entire agreement of the parties
relating to the subject matter hereof and, except as provided herein, may not be modified or
amended except by written agreement of the parties. In the event a court of competent
jurisdiction holds any provision of this Contract invalid or unenforceable, such holding shall not
invalidate or render unenforceable any other provision of this Contract.
16. Assignment. The Consultant shall not assign this Contract without the Town’s
prior written consent.
17.Governing Law. This Contract shall be governed by the laws of the State of
Colorado, and venue shall be in the County of Larimer, State of Colorado.
18.Instruments of Service. Drawings, models, specifications, research, reports,
studies, data, photographs and other documents, including those in electronic form, prepared by
Consultant and its subconsultants in the performance of obligations under this Contract are
Instruments of Service for use solely with respect to the project identified in this Contract.
Consultant and its subconsultants shall be deemed the authors and owners of their respective
Instruments of Service and shall retain all common law, statutory and other reserved rights,
including copyrights; except that, upon execution of this Contract, the Consultant grants to the
Town a non-exclusive, perpetual, fully-paid, non-revocable license to reproduce and use the
Consultant's Instruments of Service solely in connection with the above-referenced project,
including the project's further development by the Town and others retained by the Town for such
purposes. The Consultant shall obtain similar licenses from its subconsultants consistent with
this Contract. Consultant shall, during the term of this Contract provide the Town with copies of
all Instruments of Service prepared by Consultant or its subconsultants contemporaneous with
such preparation, and shall provide them in electronic format or any other format requested by
the Town.
19.Attorney’s Fees and Costs. In the event it becomes necessary for either party to
bring any action to enforce any provision of this Contract or to recover any damages from the
other party as a result of the breach of this Contract, including, but not limited to, defective work,
and the party that prevails in such litigation, the other party shall pay the prevailing party its
reasonable attorney’s fees and costs as determined by the court.
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20.Electronic Signature. This Contract may be executed by electronic signature in
accordance with C.R.S. § 24-71.3-101 et seq.
Signed by the parties on the date written above.
Town of Estes Park, Colorado
By: ____________________________________
Title: ____________________________________
ATTEST:
________________________
Town Clerk
Consultant
By: ____________________________________
Title: ____________________________________
STATE OF ________________ )
) ss.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this ___ day of ___________________,
20 by __________________________________________________.
(Insert name of individual signing on behalf of the Consultant)
___________________________
Notary’s official signature
S E A L
___________________________
Commission expiration date
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PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Greg Muhonen, PE, Public Works Director
Date: September 27, 2016
RE: Project Management Services Change Order for the Estes Park Transit
Facility Parking Structure
Objective:
Deliver 310 new parking spaces in the proposed Estes Park Transit Facility Parking
Structure before July 2017 by completing 5 critical steps:
1) Increase the price and term of the existing Project Management contract with
Space Into Place Architecture & Design (SIPAD) to reflect changes in the project
scope and duration (this item).
2) Hire a credible & trustworthy Independent Cost Estimator to review all
construction costs and confirm fair, market-value pricing is honored throughout
the construction (Action Item tonight).
3) Hire a first class Construction Manager/General Contractor and team of
tradesmen to meet the project scope and cost goals (Action Item tonight).
4) Increase the price and term of the existing Design Services Contract to complete
the construction documents and provide periodic construction administration for
the elevated third and fourth levels in the structure (Oct 11 Action Item).
5) Obtain $4 million in additional construction funding through a private financier to
accomplish the Phase 2 third and fourth levels concurrently with the funded
Phase 1 ground plus second level (Oct 11 Action Item).
Present Situation:
At the Town Board meeting on March 24, 2015, the Public Works staff was authorized
to seek approval from the Federal Transit Administration (FTA) and the Bureau of
Reclamation (BoR) to relocate the new transit facility parking structure from the north
parking lot to the south parking lot at the Estes Park Visitor Center where fewer utility
and access conflicts exist. This is a complicated endeavor which requires substantial
time to complete a new preliminary design, draft a new Environmental Assessment,
negotiate a Special Use Permit with the BoR, perform a new geotechnical investigation,
coordinate utility impacts, mitigate concerns from the EVRPD, obtain formal approval
from FTA, complete the final design, obtain two new access permits from CDOT, bid the
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project, build the project, and complete the closeout paperwork for cost reimbursement
from the grant funding agencies. The Public Works Department does not have
sufficient professional Project Management staff to provide these services while
concurrently managing the existing project workload.
On November 24, 2015, the Town Board authorized Public Works staff to hire a
consultant Project Manager to represent the Town and provide weekly project
management support to the design team, funding agencies, impacted parties, and the
future construction contractor for the transit facility parking structure at the Estes Park
Visitor Center south parking lot site. A contract amount of $151,000 plus a $19,000
contingency limit were approved.
Over a year of negotiation, meetings, and study was required to obtain FTA approval to
relocate the proposed transit facility parking structure. This delay jeopardized our
$400k FASTER funding from CDOT. In order to preserve this grant funding and
minimize further construction cost escalation, the Town is pursuing fast-tracked
Construction Manager/General Contractor project delivery. Additionally, the Town is
incurring additional PM expenses exploring the feasibility of building the Phases 1 & 2
projects concurrently. All of these items have resulted in considerable extra Project
Management time and expense as described in the attached proposed Change Order
No 1. To date the Town has spent about $110,000.
Proposal:
The Public Works Department proposes to extend the SIPAD project management
services contract through December 31, 2017 and increase the price by $115,330 from
$151,500 to $266,830. This is a time and materials contract and only the actual time
expended and expenses incurred on the project will be paid for.
Advantages:
SIPAD has in-depth familiarity with the project, the community, and the design since
they were part of the project consultant design team for the original project at the
Visitor Center north site in 2013.
The proposed 2014 hourly compensation rate of $90/hour increases to $98.50/hour
in 2017 and remains highly competitive in the architectural/engineering field where
senior Project Managers/Principal owners routinely bill out at $130 to $200+ per
hour.
SIPAD is a local firm with established business relationships in Estes Park, the North
Front Range, and the Denver metro area.
SIPAD has proven their professionalism and technical competence through the
Project Management services provided to date on this project, including obtain
education and assistance from FHWA for the fast-track CM/GC project delivery
method.
Contract extension/expansion retains existing project momentum and knowledge.
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SIPAD is available now to assist the Town in moving this project aggressively
forward toward the goal of construction completion in 2017.
Disadvantages:
Expanding the project scope and duration increases project cost.
Potential loan funding of Phase 2 work increases Town indebtedness while
procuring lower current construction pricing and decreasing future disruption to
traffic and the economy.
Action Recommended:
The Public Works Department recommends the Town Board authorize the Mayor to
sign the proposed Change Order authorizing the expenditure increase of $81,000 for
Phase 1 work and $34,330 for Phase 2 work contingent upon receipt of Phase 2
construction funding. The revised contract price is not to exceed $266,830.
Budget:
Projected future expenses for the Phase 1 parking structure tasks would be paid fully
with existing grant and local funds from account number 204-5400-3544-36-53 of the
Community Reinvestment Fund (CRF). On March 24, 2015, the Town approved an
increase of $750,000 for this project which includes $50,000 for Project Management
expenses, $100,000 for Construction Management expenses, and $1500 for landscape
design oversight & management. This Change Order redirects $81,000 of Phase 1
construction funds to Project Management needs. The remaining balance of Phase 1
construction funds is estimated to be $4.02 million.
Authorization to spend the proposed Phase 2 PM costs of $34,330 is conditional upon
the Town Board approving a future financing agreement and a $4 million project budget
increase for the Phase 2 work.
Level of Public Interest
The known level of public interest in this project is high. Public interest in this proposed
change order is low.
Sample Motion:
I move for the approval/denial to authorize the Mayor to sign a Change Order to
extend the SIPAD project management services contract through December 31, 2017
and increase the price to $266,830, contingent upon the terms and conditions described
in the staff Memo.
Attachments:
Existing Professional Services Contract
Proposed Change Order for expanded Project Management services.
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166
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: September 27th, 2017
RE: Intergovernmental Agreement for Funding I-25 Improvements
Objective:
To provide regional funding for improvements of the I-25 Corridor within Larimer
County.
Present Situation:
I-25 is the only interstate highway in Larimer County and serves as the primary
north/south highway transportation corridor in the State of Colorado. Traffic
congestion has hit a critical level on this section of highway and there is a need
for local funding to serve as match funds for State and Federal funds to increase
capacity on this highway. Although I-25 is not within the jurisdiction of the Town
of Estes Park, it is a critical transportation corridor for our residents, guests and
for goods and services coming to our community.
Counties in Colorado depend on property tax for the majority of their funding. By
state statute, the County mill levy is divided into a Road and Bridge Mill Levy and
a General Fund Mill levy. Counties have the flexibility to alter the percentage of
their total mill levy that goes to each of these to levees each year, as long as they
do not exceed the total mill levy approved by the county voters. Statutes also
limited any road expenditures made by the county to come from the Road and
Bridge mill levy; the County is prohibited from spending general fund mill levy
funds on roads and bridges. State statute further requires the County to share
back 50% of the Road and Bridge mill levy collected within a municipality back to
the municipality. The municipality, in turn, is required to use those funds for
streets and transportation purposes within their corporate boundaries.
At the joint elected officials meeting on September 8, 2015, Larimer County
proposed a method to raise local fund for the improvement of I-25 by increasing
their Road and Bridge Mill Levy (and therefore reducing their general fund mill
levy) commencing in 2016 and continuing for 4 additional years, generating
approximately $10 million. This increase would result in a windfall of Road and
Bridge funds returned to each municipality. The County requested that each
municipality contribute their share of the increased funds generated by the
increased Road and Bridge mill levy to the I-25 improvements as well. The result
would be a truly regional cooperative effort to fund the interstate improvements
and would be budget neutral to each municipality. All 8 incorporated
municipalities in Larimer County have tentatively agreed to participate.
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Estes Park is the only municipality in the County that does not have a portion of i-
25 within its corporate limits. Because we are restricted in using the Road and
Bridge share back funds with in our corporate boundaries, we cannot transfer our
additional R&B funds to the County. We can, however, contribute an equal
amount of general fund dollars that we currently spend on transportation, and
backfill our general fund dollars with the increase in county R&B funds.
Proposal:
That the Board approve the Intergovernmental Agreement with Larimer County
for Funding I-25 Improvements
Advantages:
Provides significant funds for the improvement of a transportation corridor that is
critical to Estes Park
Demonstrates strong regional cooperation between the County and all 8
municipalities in Larimer County to the state and Federal funders.
Has no adverse budgetary impact on the Town of Estes Park
Disadvantages:
If the Town did not sign the IGA with the County, and the County would proceed
with increasing their R&B mill levy, resulting in a windfall of funding coming to the
Town for transportation needs. Signing the IGA would eliminate this windfall
Action Recommended:
Approval of the IGA
Budget:
If approved, this is budget neutral. If not approved, it would result in additional
funds coming to the Town of Estes Park
Level of Public Interest
High
Sample Motion
I move to (approve/not approve) the Intergovernmental Agreement for Funding I-25
Improvements
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INTERGOVERNMENTAL AGREEMENT FOR FUNDING
I-25 IMPROVEMENTS
This Intergovernmental Agreement for Funding I-25 Improvements (“Agreement”) is
made and effective on ____________________, 2016, by and among the Board of County
Commissioners of Larimer County, Colorado (referred to as “County”), and the City of Fort
Collins, Colorado, the City of Loveland, Colorado, the Town of Estes Park, Colorado, the Town
of Timnath, Colorado, the Town of Berthoud, Colorado, the Town of Windsor, Colorado, the
Town of Wellington, Colorado, and the Town of Johnstown, Colorado (individually referred to
as “Municipality” or collectively as “Municipalities”). (The County and Municipalities will
jointly be referred to as the “Parties.”)
I. RECITALS
A. Interstate 25 (“I-25”) serves as the primary north-south highway connection for
Northern Colorado, including the County and the Municipalities.
B. I-25 is the primary roadway route for regional connectivity to commerce, health
care, education and employment.
C. I-25 is designated as a federal freight route.
D. I-25 in Northern Colorado is considered significantly congested such that traffic
flow is impaired and quality of life is adversely affected.
E. The Colorado Department of Transportation (“CDOT”) completed an
Environmental Impact Statement in August 2011 that identified and evaluated multi-modal
transportation improvements along approximately 60 miles of the I-25 corridor from the Fort
Collins/Wellington area to Denver. The Statement identified areas of I-25 and associated
structures such as bridges that needed to be expanded and/or improved.
F. CDOT has proposed to expand I-25 from two lanes (north and south) to three
lanes (north and south) for approximately fourteen miles between State Highway14 and State
Highway 402, replace the Cache la Poudre Bridge and the Union Pacific Railroad Bridge north
of State Highway 34, expand the Kendall Parkway Crossing under I-25 and expand the Bridge
over the Big Thompson River and the Bridge over the Great Western Railway to accommodate a
third travel lane (collectively “Project”).
G. Funding for the Project is proposed to include contributions from government at
federal, state, county, and municipal levels and other sources.
H. Increased property values for Larimer County property owners in 2015 have
provided an opportunity to increase the County Road and Bridge Mill Levy within the County’s
total Mill Levy commencing in 2016 and for a period of four years thereafter by an estimated
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amount sufficient to generate an additional $2 million annually without detriment to other
County programs, without decreasing the amount shared back to the Municipalities in 2015
pursuant to C.R,S. §43-2-202(2) (the “2015 Share Back”), and without increasing the total
County Mill Levy.
I. The increased County Road and Bridge Mill Levy is projected to generate
approximately $10 million in excess of the 2015 Share Back (the “Increased Municipal Share
Back”) over five years commencing with calendar year 2016 for CDOT’s use on the Project.
J. The Municipalities have each adopted Resolutions expressing their willingness to
contribute funds to County annually for five years for CDOT’s use on the Project subject to the
terms of this Agreement.
K. County and Municipalities are authorized pursuant to Article XIV, Section 18 of
the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter
into intergovernmental agreements for the purpose of providing any service or performing any
function which they can perform individually.
II. CONSIDERATION
NOW, THEREFORE, in consideration of the covenants and obligations herein expressed,
the County and Municipalities agree as follows.
III. TERMS AND CONDITIONS
1. Commencing in calendar year 2017 and continuing for calendar years 2018, 2019,
2020 and 2021, each Municipality shall pay to County from such Municipality’s general fund or
such other fund as such Municipality may designate, an annual contribution in an amount equal
to that portion of the Increased Municipal Share Back paid by the County to each Municipality
pursuant to C.R.S. §43-2-202 (2) (“Municipality Contribution”) to be used as a portion of the
“local match” for the Project, subject to the terms set forth in this Agreement.
2. County shall notify (“Notification”) each Municipality in writing no later than
January 31 in calendar years 2017, 2018, 2019, 2020, and 2021 the total amount of the Increased
Municipal Share Back” received by such Municipality during the previous calendar year.
3. Within 30 days after receipt of the Notification, each Municipality shall give
written notice to the County stating whether or not such Municipality has budgeted and
appropriated funds for the current calendar year to make its annual Municipality Contribution as
set forth in Paragraph 1 above.
4. Provided the Municipality has budgeted and appropriated funds, such
Municipality shall pay its Municipality Contribution to County within 60 days following such
Municipality’s receipt from County of its Notification.
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5. County shall contribute an amount equal to the County’s share of the County
Road and Bridge Mill Levy revenues received pursuant to C.R.S. §43-2-202(2) attributable to
the increase in the County Road and Bridge Mill Levy specified in Recital H above (“County
Contribution). No later than February 28 in calendar years 2017, 2018, 2019, 2020 and 2021,
County shall give written notice to each Municipality affirming that County has (or has not)
budgeted and appropriated funds for the current calendar year to make its annual County
Contribution.
6. County shall deposit the County Contribution and the Municipality Contributions
into a separately identifiable account (“Contributions Fund”) and shall maintain records as to
such account sufficient to identify all deposits and withdrawals from such account.
7. County is authorized to pay to CDOT funds in the Contributions Fund for
CDOT’s use in the Project pursuant to an intergovernmental agreement to be executed between
County and CDOT.
8. County shall maintain accurate accounts of any and all amounts paid to CDOT
from the Contributions Fund. County shall provide to Municipalities information detailing
Project payments to CDOT from the Contributions Fund.
9. If County or a majority of Municipalities, after consultation with the other Parties,
determines all or any part of the Project is not feasible due to inadequacy of funds or other
impediments, and provided amounts remain in the Contributions Fund, County shall so notify
Municipalities in writing. Within 90 days after such notification,
a. County shall make a payment to County and to each Municipality of any
amount remaining in the Contributions Fund attributable to County and such Municipality’s
respective percentage contribution ,
OR,
b. In lieu of such payment, the Parties may agree in writing to an alternative
use of the Contribution Funds, provided such alternative use benefits roads or transportation
systems located within the jurisdiction(s) of the Parties so agreeing.
10. Any notice or other communication given by any party to another relating to this
Agreement must be hand-delivered or sent by registered or certified mail, return receipt
requested, or by overnight commercial courier, addressed to such other party at its respective
addresses set forth in Exhibit “A” attached hereto and such notice or other communication will
be deemed given when so hand-delivered or three (3) business days after so mailed, or the next
business day after being deposited with an overnight commercial courier.
11. The obligations of the County and Municipalities to commit or expend funds after
calendar year 2016 are subject to and conditioned on the annual appropriation of funds sufficient
and intended to carry out said obligations by the respective governing bodies of County and
Municipalities in their sole discretion.
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12. This Agreement is to be construed according to its fair meaning and as if prepared
by all parties hereto and is deemed to be and contain the entire understanding and agreement
between the parties hereto. There shall be deemed to be no other terms, conditions, promises,
understandings, statements, or representations, expressed or implied, concerning this Agreement
unless set forth in writing and signed by the Parties hereto.
13. This Agreement cannot be modified except in writing signed by all Parties.
14. This Agreement will be governed by and its terms construed under the laws of the
State of Colorado. Venue for any action shall be in Larimer County, State of Colorado.
15. Nothing contained herein is deemed or should be construed by the Parties or by
any third party as creating the relationship of principle and agent, a partnership or a joint venture
between the Parties, or an employment relationship between the Parties.
16. This Agreement is made for the sole and exclusive benefit of County and
Municipalities, their successors and assigns, and it is not made for the benefit of any third party.
17. If any term or condition of this Agreement is held to be invalid by final judgment
of any court of competent jurisdiction, the invalidity of such a term or condition, will not in any
way affect any of the other terms or conditions of this Agreement, provided that the invalidity of
any such term or condition does not materially prejudice any Party in their respective rights and
obligations under the valid terms and conditions of this Agreement.
18. No party will be deemed in violation of this Agreement if prevented from
performing any of its respective obligations hereunder by reason of strikes, boycotts, labor
disputes, embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of
superior governmental authorities, weather conditions, rights, rebellions, sabotage, or any other
circumstances for which it is not responsible or that are not within its control.
19. This Agreement may be signed by the Parties in counterpart.
172
BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO
By: _____________________________________
Title: ____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
County Attorney
Jshdocs/county/Agreement for funding I-25 improvements Final
173
CITY OF FORT COLLINS, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
City Attorney
174
CITY OF LOVELAND, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
City Attorney
175
TOWN OF ESTES PARK
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
176
TOWN OF TIMNATH, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
177
TOWN OF BERTHOUD, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
178
TOWN OF WINDSOR, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
179
TOWN OF WELLINGTON, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
180
TOWN OF JOHNSTOWN, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
181
EXHIBIT “A”
To County:
County Manager
Larimer County, Colorado
P.O. Box 1190
Fort Collins, CO 80522
To Fort Collins:
City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With copy to:
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
To Loveland:
City Manager
City of Loveland
500 East 3rd Street, Suite 330
Loveland, CO 80537
With copy to:
City Attorney
City of Loveland
500 East 3rd Street, Suite 330
Loveland, CO 80537
To Estes Park:
Town Administrator
P.O. Box 1200
Estes Park, CO 80517
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To Timnath:
Town Manager
4800 Goodman Street
Timnath, CO 80547
To Berthoud:
Town Administrator
P.O. Box 1229
Berthoud, CO 80513
To Windsor:
Town Manager
301 Walnut Street
Windsor, CO 80550
To Wellington:
The Town of Wellington
3735 Cleveland Avenue
P.O. Box 127
Wellington, CO 80549
With copy to:
March, Olive and Pharris, LLC
Attn: Brad March
1312 S. College Ave.
Fort Collins, CO 80524
To Johnstown:
Town Manager
450 S. Parish Ave.
Johnstown, CO 80534
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Local Marketing District Interview Committee Appointment
Town Clerk Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 27, 2016
RE: Interview Committee for the Local Marketing District Appointment
Objective:
To appoint Town Board members to the interview committee for the one position open on the
Local Marketing District Board.
Present Situation:
The Local Marketing District Board is currently made up of seven volunteer community members
with five appointed by the Town and two appointed by the County Commissioners. The Board
currently has one Town position open with Scott Webermeier being term limited. Administrative
Services has posted the position and will accept applications through October 10, 2016.
Proposal:
Per Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed
by the Town Board, or its designee. Any designee will be appointed by the Town Board.
Advantages:
To move the process forward and allow interviews to be conducted of interested applicants.
Disadvantages: None.
Action Recommended:
To appoint two Trustees to the interview panel for the Local Marketing District board opening.
Trustees interested in serving would be identified at the Study Session and recommended for
Board approval at the Town Board meeting.
Budget: None.
Level of Public Interest. Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to the Local
Marketing District Board interview panel.
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