HomeMy WebLinkAboutPACKET Town Board 2015-05-12The 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, May 12, 2015
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.
1. CONSENT AGENDA:
1. Town Board Minutes dated April 28, 2015 and Town Board Study Session Minutes
dated April 28, 2015.
2. Bills.
3. Committee Minutes:
A. Community Development & Community Services Committee, April 23, 2015.
1. 2015 Shuttle Services Contract with Rocky Mountain Transit Management
(McDonald Transit).
4. Estes Park Board of Appeals Minutes dated January 8, 2015, February 5, 2015,
March 12, 2015, March 26, 2015 and April 2, 2015.
2. LIQUOR ITEMS:
1. TRANSFER OF OWNERSHIP – FROM HESS ENTERPRISES, INC., DBA
HUNTERS CHOPHOUSE, TO LOTUS GLOBAL, INC., DBA HUNTERS
CHOPHOUSE, 1690 BIG THOMPSON AVENUE, HOTEL & RESTAURANT
LIQUOR LICENSE. Town Clerk Williamson.
Prepared 5/3/15
*
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff
for Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE #04-15, Rezoning from E-Estate to R-2 Two-Family Residential,
Lot 4, Twin View Resubdivision, 1650 Avalon Drive, Cindy Younglund-Liddell &
Robert Liddell/Applicant. Planner Kleisler.
B. ORDINANCE #06-15, Estes Valley Development Code Amendment, Section
4.4.B, Table 4-4: Permitted Uses, Non-Residential Zoning District. Amendment
to allow small-scale pet grooming in the CD-Commercial Downtown zone
district as an accessory use to pet-related retail establishments. Planner
Kleisler.
4. ACTION ITEMS:
1. SCOTT PONDS NATURAL AREA DAM MODIFICATIONS – APPROVAL OF
DESIGN CONSULTANT CONTRACT. Engineer Ash.
2. ORDINANCE #07-15 LEASE OF THE HYDRO PLANT PICNIC GROUNDS (VICKIE
O’CONNOR PAVILLION). Director Winslow.
3. ORDINANCE #08-15 ART IN PUBLIC PLACES. Director Muhonen.
4. LOCAL MARKETING DISTRICT INTERVIEW TEAM APPOINTMENTS. Town Clerk
Williamson.
5. REQUEST TO ENTER EXECUTIVE SESSION:
24-6-402(4)(e) C.R.S. – For the purpose of determining positions relative to matters that
may be subject to negotiations, developing strategy for negotiations, and/or instructing
negotiators. Town Administrator Contract.
6. ADJOURN.
Town of Estes Park, Larimer County, Colorado, April 28, 2015
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 28th day of April 2015.
Present: William C. Pinkham, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Randy Williams, Assistant Town Attorney
Jackie Williamson, Town Clerk
Absent: Greg White, Town Attorney
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION: The Mayor proclaimed the month of May as Emergency
Preparedness month. Mayor Pinkham also proclaimed May 15th as Arbor Day in Estes
Park and May as the month of the tree.
PUBLIC COMMENTS.
Adam Shake & Diane Muno/Rocky Mountain Performing Art Center Trustee provided an
update on the organization and the status of the performing art center. The
organization has rented out the site to the Barrel, an outdoor tavern, for the next two
years. The capital campaign continues to progress with efforts doubling. A pre-
application hearing with Community Development would be held to review the
development plan requirements for the center.
Anil Singh/Town citizen shared with the community his efforts to help his county of
Nepal after the devastating earthquake. He has begun raising funds to provide survival
kits through a crowd funding platform. He stated the main concern would be for the
long term recovery and the need for professionals to help the country address major
infrastructure issues.
TRUSTEE COMMENTS.
Mayor Pro Tem Koenig stated the Estes Park Western Heritage would hold a special art
event on May 29, 2015 at the Event Center titled Windows to the West, Celebrating the
Fine Art of the West.
Trustee Phipps provided an overview of the April Planning Commission meeting
agenda, including an update on the amendment to the development code for small
animal grooming downtown, comprehensive plan update and several updates on
projects.
Trustee Ericson provided an overview of the April 15, 2015 meeting of the
Transportation Advisory Board, including an update on the shuttle schedule, parking
garage design and BOR permission, update on Dry Gulch reconstruction, and the
development of a master parking plan.
Mayor Pinkham thanked staff for the efforts in preparing for and executing the special
Town Board meeting at the Event Center on April 15, 2015.
Board of Trustees – April 28, 2015 – Page 2
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster introduced the new Assistant Town Administrator Travis
Machalek.
1. CONSENT AGENDA:
1. Town Board Minutes dated April 14, 2015, Town Board Study Session
Minutes dated April 14, 2015 and Special Town Board Minutes dated April 15,
2015.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities & Public Works Committee, April 9, 2015.
4. Transportation Advisory Board Minutes dated March 18, 2015
(acknowledgement only).
5. Parks Advisory Board Minutes dated March 19, 2015 (acknowledgement
only).
6. Estes Valley Planning Commission Minutes dated March 17, 2015
(acknowledgement only).
It was moved and seconded (Koenig/Norris) to approve the Consent Agenda, and it
passed unanimously.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEM:
A. AMENDED DEVELOPMENT AGREEMENT – Lot 7, Marys Lake
Subdivision Replat, TBD Kiowa Court; Greg Coffman/Applicant. Planner
Shirk. Item continued to the May 26, 2015 Town Board meeting at staff’s
request.
B. AMENDED PLAT, DEVELOPMENT AGREEMENT & REZONING
REQUEST. Amended Plat, Development Agreement and Rezoning have
been continued to the May 26, 2015 Town Board meeting at staff’s
request.
AMENDED PLAT & DEVELOPMENT AGREEMENT Portion of Lot 25,
Block 10, Town of Estes Park, & portion of Lot 8A of the Amended Plat
of a portion of Lots 7, 8, 24, & 25, Block 10, 2nd Amended Plat, Town
of Estes Park; 175 Spruce Drive and the adjacent undeveloped land;
Silver Moon, LLC/Owner. Planner Shirk.
ORDINANCE #03-15 Rezone from RM-Multi-Family Residential to CD-
Commercial Downtown, Silver Moon, LLC/Owner. Planner Shirk
C. ORDINANCE #04-15, Rezoning from E-Estate to R-2 Two-Family
Residential, Lot 4, Twin View Resubdivision, 1650 Avalon Drive, Cindy
Younglund-Liddell & Robert Liddell/Applicant. Planner Shirk. Item
continued to May 12, 2015, Town Board meeting at applicant’s request.
2. REPORT ITEMS:
A. ESTES VALLEY DEVELOPMENT CODE AMENDMENT, Section 4.4.B,
Table 4-4: Permitted Uses, Non-Residential Zoning District. Amendment
Board of Trustees – April 28, 2015 – Page 3
to allow small-scale pet grooming in the CD-Commercial Downtown zone
district as an accessory use to pet-related retail establishments. Planner
Kleisler provided an update on the proposed amendments to the Estes
Valley Development Code addressing pet-grooming in the Commercial
Downtown zoning district as an accessory use only, limited to 2 animals at
one time and no overnight boarding. The changes to the code would be
brought forward for the Board’s consideration at the May 12, 2015
meeting.
3. ACTION ITEMS:
1. ORDINANCE #05-15 – PUBLIC HEARING – 2015 - 2018 WATER RATE
INCREASE. Director Bergsten stated the public water utility is a cost-based
entity that relies solely on user fees to maintain operations and upgrade the
utility to meet ever-increasing federal compliance standards. Periodically the
utility performs a rate study to determine what rates are needed to provide
water to the customers and meet the federal standards. Cil Pierce/HDR
consultant provided a presentation on the rate study that was presented at the
March 24, 2015 Town Board meeting outlining the proposed rate increases of
9.9%/2015, 9.9%/2016, 9.9%/2017 and 8%/2018. Director Bergsten stated the
new rates would allow the Water department to begin the replacement of over
30 miles of outdated water lines. The current water revenues are not adequate
to meet the bonding needs for bond payments. The capital improvement plan
would be coordinated with Public Works to ensure street repairs are conducted
after water line improvements.
Lindsay Lamson/261 Baker thanked the Board for addressing the issue and
upgrading the water system to ensure the Town maintains quality water for the
citizens and guests. He suggested the rate increases were not enough and
would encourage the Board to adopt a fixed $5 capital charge, a dedicated
revenue source, to fund bond payments and complete the replacement of the
water lines sooner.
Assistant Attorney Williams read the Ordinance. It was moved and seconded
(Norris/Ericson) to approve Ordinance #05-15, and it passed unanimously.
2. FISH CREEK CWCB GRANT TRANSFER TO ESTES VALLEY WATERSHED
COALITION. Director Chilcott stated the Town received notice from the
Colorado Water Conservation Board (CWCB) on July 25, 2014 that the Town
had received funding for the Fish Creek Restoration Project from Brook Drive to
County Club Drive in the amount of $200,000 through Senate Bill 14-179. The
Town has been in discussions with the Estes Valley Watershed Coalition to
transfer the funds to the Coalition to manage projects, thereby freeing up Town
staff to work on other projects. The CWCB has facilitated such transfers in the
past and would be in favor of transferring the funds. A letter requesting the
transfer must be signed by both the Town and the Coalition in order to transfer
the funds.
Frank Theis/Town citizen and Estes Valley Watershed Coalition President
stated the Coalition agrees to the transfer as it would eliminate the burden of
staff administering the funds.
It was moved and seconded (Koenig/Holcomb) to approve the transfer of
Senate Bill 14-179 grant awarded funding for the Fish Creek Restoration
Project from Brook Drive to Country Club to the Estes Valley Watershed
Coalition form the Town of Estes Park and to send a letter to the Colorado
Water Conservation Board mortifying them of this transfer approval, and it
passed unanimously.
3. FALL RIVER TRAIL EXTENSION – APPROVAL OF DESIGN CONSULTANT
CONTRACT. Director Muhonen stated the Town was awarded a Paul
Board of Trustees – April 28, 2015 – Page 4
Sarbanes grant to provide funding for both a NEPA Categorical Exclusion and
Engineering Design Services for the extension of the Fall River Trail. The grant
provides funding to create bid documents to be used for construction of the Fall
River Trail from its current end point at Sleepy Hollow Court/Fall River Road
intersection west to the Fall River Visitor Center, approximately 2.5 miles. The
September 2013 flood lowered the priority for this project, however, the grant
requires the Town spend and grant reimbursements requested by June 2015.
Engineer Ash stated the Town completed an RFP process and received three
responses from Loris and Associates, Felsburg, Holt and Ullevig, and Otak. All
three bids were reviewed using federal guidelines to select the most qualified
firm. The highest ranked firm, Loris and Associates, demonstrated a thorough
knowledge of the NEPA process, identified design challenges in the project
area and offered a detailed conceptual approach to mitigate these challenges.
A total project cost of not to exceed $334,635 was negotiated with the firm,
meeting the grant funding of $337,000. After further discussion, it was moved
and seconded (Koenig/Norris) to approve a professional services contract
for the Fall River Trail Extension NEPA Categorical Exclusion
Development and Consulting Engineering Services to Loris and
Associates, and it passed unanimously.
Whereupon Mayor Pinkham adjourned the meeting at 9:10 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado April 28, 2015
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
Rooms 202/203 in said Town of Estes Park on the 28th day of April, 2015.
Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson,
Holcomb, Nelson, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Finance Officer McFarland and Town Clerk
Williamson
Absent: Town Attorney White
Mayor Pinkham called the meeting to order at 4:30 p.m.
TRUSTEE COMMENTS & QUESTIONS.
Trustee Norris stated the special Town Board meeting on April 15th was insightful. He
outlined his understanding of the steps that would follow during the next few month in
relation to the Loop project and NEPA study.
Trustee Ericson commented the Transportation Advisory Board discussed the need for
traffic signal changes to address traffic concerns. Director Muhonen would discuss the
signal timing with CDOT.
Trustee Holcomb questioned the status on the purchase of a motel for seasonal
employee housing, the repainting of the stall barns, reroofing of the conference center
and Scott ponds. Administrator Lancaster would follow up on the employee housing
issue; community service workers are schedule to repaint the stalls; the reroofing has
not been schedule and would be addressed by the new Facilities Manager; and a
consultant has been hired, an RFP issued for the design and the item to be presented
at the May 12, 2015 Town Board meeting.
Mayor Pro Tem Koenig stated the Community Service Officers (CSOs) should work the
intersection of Elkhorn and Moraine during the “barnes” dance trial period this summer.
This would ensure the data collected would be accurate as the CSOs use to work the
intersection to ensure pedestrians moved freely through the intersection. The trial
period should consider all scenarios possible, i.e. normal intersection crossing with
officer, ‘”barnes” dance only, “barnes” dance with officer, etc. Staff would review
options and discuss with CDOT. She questioned if the 2003 Transportation Study was
endorsed by the Town Board.
Mayor Pinkham stated new Board members should be provided a set of core
documents for review. He stated the Rocky Mountain Conservancy would like a letter of
support from the Town Board for the purchase of the Cascade Cottages, an inholding
within the park. The Board agreed the mayor should provide a letter of support.
FUTURE STUDY SESSION AGENDA ITEMS.
Trustee Holcomb requested the Board discuss the conference center and the continued
loss of business due to the size of the center. The item would be added to the list of
unscheduled items.
Town Board Study Session – April 28, 2015 – Page 2
Other items included the scheduling of a briefing on storm drainage, Dry Gulch
reconstruction issues to be heard at the May 12th meeting, and Economic Development
Strategic Planning with Avalanche Consulting on June 9th.
DISCUSS FISH HATCHERY PROPERTY.
Administrator Lancaster stated the Fish Hatchery property was recently appraised. The
area was divided into three development areas, East, West and Town area including the
hydro plant museum and picnic grounds. The western site includes the undeveloped
area south and east of the hydro plant containing a large wooded and open grass area
abutting the Park. This area could be used to connect the Fall River trail with the Park
trail. The eastern site contains the old fish hatchery operations and currently contains
employee housing and town storage. The appraisal found the western portion valued at
$2 million and the eastern at $3.5 million.
Staff has reviewed the possible uses of the property and would suggest the eastern
portion could be used to address housing needs. The property could be used to build
workforce housing that is deed restricted and require individuals to be employed within
Estes Park. This would prevent the units from being retirement homes. The Town
would work with the Housing Authority to develop the units and maintain three units for
Town employee housing as three units would be lost with the redevelopment. The
Town could sell the property and leave the future development up to the developer.
Any storage onsite would need to be relocated. The western portion could be used for
recreation such as a Nordic area or sled hill and add to the destination marketing
products.
Board discussion followed: Mayor Pro Tem Koenig stated a portion of the lot should be
sold, funds used to purchase Elkhorn Lodge property to build seasonal housing that
individual businesses can bid on, and use the upper 40 acres for the development of for
profit units by a developer. This would allow seasonal housing to be closer to
downtown. Further study should be conducted to determine the type of housing needed
by seasonals such as dormitory style versus one or two bedroom units. Trustee Norris
stated any direction or criteria used to discern the future use of the property should be
tested against the strategic plan, mission and vision of the Town. Trustee Nelson
suggested the Town should complete the downtown visioning process prior to making
final decisions related to the property. Trustee Ericson expressed housing has become
one of the most important issues the Town faces and barriers to its development need
to be removed. He suggested the Board discuss the height limit within the
Development Code and review areas in which it could be increased and not negatively
impact the view corridors. Mayor Pinkham stated the Town should discuss who would
be involved in evaluating the needs and options. Trustee Phipps commented the Town
needs to address water rights when discussing the sale of the fish hatchery property.
Mary Bankin/Estes Valley Land Trust requested the Board consider partnering with the
Land Trust to preserve a portion of the land as a conservation easement. The Land
Trust would purchase the land and funds from the sale could be used to build housing.
The area could be used as a low impact recreational area with public fishing along the
river.
Rita Kurelja/Estes Park Housing Authority stated the property would not be a good
location for seasonal housing; however, it would be a good location for workforce
housing.
COMMUNITY REINVESTMENT FUND 5 YEAR PLAN.
Finance Officer McFarland reviewed the status of the newly created 1% sales tax funds:
emergency response, community center, trails and street funds. The community center
fund would collect funds for the next 5 years to be used toward the construction of a
community center or a standalone senior center. No projects have been budgeted for
this fund. The trail fund does not currently have projects budgeted but could be used for
the Dry Gulch reconstruction trail or flood repairs to other trails. The street fund
Town Board Study Session – April 28, 2015 – Page 3
contains vehicle replacement and purchases, employee salaries, $1.7 million for the
reconstruction of Dry Gulch in 2015. A pavement manager would be hired to develop a
10 year street improvement plan in 2015. The Open Space fund has $300,000 in
revenues with approximately $500,000 in funds budgeted for 2015 and no specific
projects identified. The funds could be used for the completion of the Bond Park Master
Plan, Scott ponds, and flood recovery as long as the items were originally purchased by
the fund. Community Reinvestment fund had a $959,547 fund balance at the end of
2015; however, with the recent Board approval to increase the cost of relocating the
parking garage to the south visitor parking lot at a cost of $700,000 and upgrades to the
Visitor Center restrooms at $200,000 the fund balance at the end of 2015 is estimated
at $49,322. Staff prepared a list of potential projects including roads and bridges,
parking improvements and building totaling over $55 million.
UPDATE ON SIGN CODE REVISION.
Code Enforcement Officer Reichardt stated the first draft of the revised sign code has
been completed on time and under budget. The second draft of the code would be
completed in the next week and would include tables and pictures as references.
Randall Morris/sign code consultant commented the revised code would be legally
defensible. The next review processes would be directed by the Board. Staff could
provide a review of the proposed code to the Estes Valley Partners for Commerce, the
retail business and the accommodations.
There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, April 23, 2015
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
23rd day of April, 2015.
Committee: Chair Ericson, Trustees Holcomb and Phipps
Attending: Chair Ericson, Trustees Holcomb and Phipps
Also Attending: Town Administrator Lancaster, Directors Chilcott and
Winslow, Managers Salerno and Lynch, Curator of
Education Mittelman, Coordinators Wells and Jacobson, and
Deputy Town Clerk Deats
Absent: None
Chair Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
STAFF COMMENT.
Town Administrator Lancaster introduced Travis Machalek to the Committee. Travis
was hired as the Assistant Town Administrator and began work on April 20, 2015.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Quarterly Community Development Report – Director Chilcott provided a report on
the activities of the Community Development Department through the first quarter of
2015. Highlights included:
o Building permits and safety services have both seen a significant rise in activity.
Permits, valuations and fees have increased 29% over the same period of time in
2014. These figures do not include the Falcon Ridge project which will be
included in the next quarter’s statistics. She noted that some plan reviews are
being contracted out to local firms to maintain the current plan review timetable
and a high level of customer service.
o Adoption of the 2015 International Building Code is on track. The Board of
Appeals (BOA) is participating in the process by reviewing significant changes
that may need local amendments. Trustee Phipps requested the dangerous
building code be included as an agenda item at a study session in August to
coincide with the BOA discussion of this topic.
o Addressing project to enhance public safety and easier location of properties is
ongoing.
o Flood Plain Management continues, focusing on recovery, mitigation, funding,
insurance, and working with the watershed coalition. An estimated $8 million
worth of damage occurred in the downtown corridor during the flood in
September 2015. It is estimated that it would take approximately $20 million to
repair the damage and reduce risk for future damage. Director Chilcott noted
that funding requests have not been particularly successful because funding
entities tend to look at individual portions of a project instead of looking at the big
picture. However, funding has been received for a hydrology study on Fall River,
the Big Thompson and Black Canyon; and a Downtown Neighborhood Plan.
o Sign Code rewrite is in process and on schedule with a goal of June 2015 for
completion.
o Modernization of the Comp Plan is ongoing.
o Vacation Home Rental meeting will be held on May 14th to collect public input
and will be a topic of discussion at an upcoming Study Session.
Community Development / Community Services – April 23, 2015 – Page 2
Verbal Updates –
o Lot 4 – Due to non-compliance issues that exist at the Stanley Hotel on
Lot 1, review of the development plan for Lot 4 has been delayed.
COMMUNITY SERVICES DEPARTMENT.
CONTRACT FOR SHUTTLE SERVICES WITH ROCKY MOUNTAIN TRANSIT
MANAGEMENT.
Coordinator Wells brought forward a contract for shuttle services with McDonald Transit
Associates, Inc., Rocky Mountain Transit Management. The contract is the same as
last year’s contract with the exception of an increase in the hourly service rate. The rate
for 2015 will be $55.88/hour which includes routine maintenance, shuttle drivers,
insurance, and fuel costs up to $2.50 a gallon. In addition to the Town-owned trolley, a
second trolley will be rented for operation during the summer of 2015. The Committee
recommends the contract with Rocky Mountain Transit Management as specified
in the agreement with funding from accounts 101-5600-456-22-60 and 101-5600-
456-22-98 budgeted, be included as an item on the Consent Agenda at the May 12,
2015, Town Board meeting.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Museum Quarterly Report – Curator of Education Mittelman provided highlights from
the report.
o Two hands-on mountaineering programs were held in January and drew
approximately 40 participants.
o The Pioneers of the Peaks series drew 175 people in January, 77 people in
February, and 132 people in March. The series will continue with a variety of
speakers through June 2015.
o Oral histories about the September 2013 flood are being collected from a cross
section of the community.
o The “Climb On!” exhibit is attracting a new audience to the museum.
Curator Mittelman said lower attendance over the past few years may be attributed
to not participating in the community’s “Imagine This!” event, as well as less
participation in the Friends of the Museum’s historic tours and the Coolest Car
Show. Efforts to promote visitation to the Hydroplant include training the museum
volunteers to encourage visitors to add a tour of the Hydroplant to their Estes Park
experience. In regard to the museum collection facility, Directors Fortini, Winslow,
and Muhonen are working to put together an RFP. Staff will come forward to the full
Board in September with information related to a building and financial plan for the
facility.
Visitor Services Quarterly Report –
o Visitor counts were up 31% over first quarter 2014.
o The Visitor Center Open House will be held on Thursday, April 30th.
o Manager Salerno stated that the annual training for Visitor Center volunteers will
be held on Tuesday, May 12, 2015. She publicly thanked the Ambassadors for
the time and effort they devote to staffing the Visitors Center on weekends,
throughout the summer, and during the week when needed.
o Installation of kiosks in the Visitors Center will be postponed until September to
allow time for proper installation and training.
Facility Booking Update – Manager Lynch reported on bookings at Town facilities
and strategies to attract events to Estes Park.
o To date, 15 contracts have been signed and scheduled: two in the Event Center,
nine at the Conference Center, three at the Fall River Picnic area, and one at the
Senior Center. Room rental fees alone for these events equal $17,745.
o A gymnastic events will be held at the Event Center the first weekend of May.
o Website and print ads are utilized.
o Attendance at a national sports symposium in Milwaukee will provide an
opportunity to speak to many sporting event planners.
Community Development / Community Services – April 23, 2015 – Page 3
o Destination Colorado annual event will be held in August bringing approximately
50 event planners to Estes Park.
She said that some obstacles she encounters are:
o Larger events cannot be accommodated with the existing facilities.
o Conference Center is too small for many groups.
o Lodging not being a part of the venues is an issue for some groups.
o Utilizing shuttles between venues is inconvenient and adds to the total cost of
events.
o Groups requesting weekend dates during the summer cannot be accommodated.
Due to a previously scheduled appointment, Trustee Phipps left the meeting at 10:00
a.m.
Verbal Updates –
o Visit Estes Park (VEP) CEO Fogarty provided the Committee with
information about how the VEP marketing budget will be used to promote
visitation to Estes Park and events held at the Event Center. She said
approximately one-quarter of the budget is earmarked for print advertising,
with the balance being utilized for digital advertising, e-newsletters, paid
advertising on social media sites such as Facebook, and radio advertising.
o Upcoming Events – Event Coordinator Jacobson reported on upcoming
events which include: a gymnastics event the first weekend of May,
GeoFest, Duck Festival, dressage horse show, Western Days, JazzFest
25th Anniversary, Wool Market 25th Anniversary, and performers
scheduled for weekdays at various locations around Town such as Bond
Park and Riverside Plaza.
There being no further business, Chair Ericson adjourned the meeting at 10:30 a.m.
Cynthia Deats, Deputy Town Clerk
1
To: Community Development/Community Services Committee
Town Administrator Lancaster
From: Brian Wells, Shuttle Coordinator
Date: April 23, 2015
RE: Contract for shuttle services with Rocky Mountain Transit Management
Objective:
Rocky Mountain Transit Management (RMTM) (McDonald Transit Associates Inc.) has
made a contract offer to continue operating the busses for the 2015 Estes Park FREE
Shuttle Service.
RMTM will lease one vehicle from Davey Coach not to exceed the price of $3,435 for
the vehicle per month and the Town of Estes Park will reimburse vehicle lease costs.
RMTM will maintain and insure the Town’s trolley under the same terms and conditions
outlined in the service contract.
The Town will pay to install/uninstall Connexionz GPS tracking as appropriate per
owned/leased vehicles, not to exceed $500 per vehicle per season.
The hourly service rate for 2015 will be $55.88 which includes routine maintenance,
shuttle drivers, insurance, and fuel costs up to $2.50 a gallon for the five full-service
shuttle schedule and charters.
The service contract with Rocky Mountain Transit Management (McDonald Transit
Associates Inc.) is a continuation/piggyback of the five year contract (2015 = 3 rd year)
between Rocky Mountain National Park with Rocky Mountain Transit Management
(McDonald Transit Associates Inc.).
Continued…
Community Services Memo
2
Proposal:
The Rocky Mountain Transit Management (McDonald Transit Associates Inc.) contract
proposal is attached.
Advantages:
Offering continued shuttle service (tenth season) for guests and residents of Estes
Park and the surrounding community.
Reduction in the amount of private vehicles on local roads and emissions.
Disadvantages:
Reduced access to local business and services for guests, residents, and summer
workers.
Greater number of private vehicles utilizing area roads and emissions.
Action Recommended:
Acceptance of the agreement with McDonald Transit Associates Inc. to provide shuttle
services for the Town of Estes Park, as specified in the agreement.
Budget:
The 2015 Estes Park FREE Shuttles budget is attached, showing the McDonald Transit
Associates Inc. contract as a part of the whole budget.
Transportation Fees #101-5600-456-22-60
Other (Charters) #101-5600-456-22-98
Level of Public Interest:
The Estes Park Free Shuttles served a total of 90,083 riders in 2014 with
approximately one-third being local residents and summer workers.
The Shuttle Committee accepts regular requests for shuttle stops from area
businesses and potential riders.
Through the 2014 shuttle season (nine years), we have served 432,187 riders.
Shuttles provide alternate transportation while reducing traffic congestion and
emissions
Staff Recommendation:
Staff recommends approval of the agreement.
Continued…
3
Recommended Motion:
I move for approval/denial of the agreement with McDonald Transit Associates
Inc., to provide shuttle services for the Town of Estes Park, as specified in the
agreement and sent to the Town Board, to be included on the Consent Agenda at
the May 12, 2015, Town Board meeting.
Attachments:
2015 Town of Estes Park Transportation Budget
2015 Agreement with McDonald Transit Associates Inc.
Note:
Not applicable.
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 1
January 8, 2015
Board Room, Estes Park Town Hall
Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo
Attending: Members Klein, Spooner, Calvin, Darling, and Schiaffo
Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit
Technician Charlie Phillips, Recording Secretary Karen Thompson, Larimer
County Building Official Eric Fried
Absent: None
The following minutes reflect the order of the agenda and not necessarily the chronological sequence.
CBO Birchfield opened the meeting and explained the different codes that make up the set of
International Building Codes: International Building Code, International Residential Code, International
Existing Building Code, International Plumbing Code, International Mechanical Code, International
Fuel Gas Code, International Energy Conservation Code, International Existing Building Code, and the
International Property Maintenance Code. There are books available for checkout from the Division of
Building Safety office. There will also eventually be a reference set at the Estes Valley Public Library.
This set will not be available for checkout.
CBO Birchfield realizes the adopted local amendments are not on the Town website. There was a
question as to whether we had the correct version posted, so they were removed. Please contact the
Division of Building Safety if you need a copy of these amendments.
CBO Birchfield stated along with revised building codes, a book is published outlining the significant
changes from the last revision. He will be studying these books carefully. He stated the Town Board of
Trustees have the authority to make changes to the codes. Citizens will have the opportunity to
suggest and discuss changes to consider. In addition to many pubic stakeholder meetings, there will
be at least one public Town Board hearing where the public can speak out for or against the proposed
local amendments. The elected officials need to be able to make informed decisions, and public input
during this process is very important. CBO Birchfield stated he is proposing to move from the currently
adopted 2009 building codes to the 2015 codes, skipping the 2012 codes. Code adoption is a very
time-intensive and expensive project, usually taking about one year from start to finish. Larimer
County is proceeding to adopt the 2015 codes, so it would make sense for the Town to align with the
County and do the same.
Member Spooner stated he was interested in having the Board of Appeals hear from staff the issues
that keep coming up with the builders concerning the current codes and amendments. CBO Birchfield
stated there will be ample time to discuss all the issues, and it will be very important to do so in order
for everyone to have a clear understanding of what is being adopted. Inspector Traufield expressed his
willingness to address some of the issues that frequently arise. Policies and procedures will also be
open for discussion. They are created to help the office run smoothly, and need to be put into practice
for a while to determine if there are any unintended consequences.
Legal Responsibilities for Board Members
Town Attorney Greg White was in attendance to review the legal and procedural issues that may arise
with Board members. Each Board member had information in their meeting packet explaining details
on the following subjects: Conflict of Interest, Open Meeting Law and Open Records Requests,
Amendment 41 (gifts), Quasi-Judicial Hearings, and Ex-Parte Communications. Attorney White
explained each of the documents in details. These documents can be viewed by calling Karen in the
Community Development Department at 970-577-3721.
Board of Appeals Bylaws
Attorney White stated the proposed bylaws need to be reviewed before the next meeting. Member
Spooner stated there was confusion about what was needed in order for a motion to pass. CBO
Birchfield stated one of the major topics of discussion with the Board would be local amendments to
the bylaws, which outline the provisions for the appeals process. CBO Birchfield proposed adopting
the appeals process into the local amendments for the Building Code, then reference it in all other
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 2
January 8, 2015
Board Room, Estes Park Town Hall
codes. By adopting one appeals process for all codes, consistency is maintained, which is important.
Member Spooner questioned the process where fractions are used (2/3 vote required to pass, etc). He
suggested using whole numbers to determine a quorum, majority vote, etc. Attorney White stated he
would recommend amending the building codes to have a quorum of three. Larimer County Building
Official Eric Fried stated the county was hoping to have the 2015 codes and local amendments
adopted before the end of 2015, to be effective January 1, 2016. He will be in communication with
CBO Birchfield and the Board concerning local amendments for the county, and would hope there can
be some consistency between the two jurisdiction’s local amendments.
Election of Officers
Secretary Thompson stated the election of officers would occur at the next meeting.
Future Meeting Schedule
After discussion among the Board, it was tentatively decide to meeting on the first Thursday of each
month. The next regularly scheduled meeting will be Thursday, February 5, 2015, at 4 p.m., and
ending no later than 6 p.m.
2015 International Building Code
CBO Birchfield stated one of the first things presented to the Town Board would be a proposal to
adjust the building permit fees schedules. The Town is using the fee schedule from the 1997 Uniform
Building Code, and it is time to update it to align with current valuations. Current fees are based on
actual costs for remodels and renovations, so if the valuation for new construction is inaccurate, the
remodel fees are disproportionate if based on square footage. CBO Birchfield stated staff would be
looking at square foot costs for spec. homes, custom homes, log homes, and commercial structures.
The fee schedule should be adjusted to ensure fees are equitable for all involved. CBO Birchfield
stated he would also like the Board to consider a unit fee for some of the miscellaneous over-the-
counter permits (water heaters, furnaces, etc.) Additional fees could be assessed for those contractors
who habitually do not pass final inspections. He would also appreciate feedback from stakeholders on
the Contractor Licensing program to learn what is and what is not working. The program has proved
valuable to the department.
CBO Birchfield stated staff will do legwork for the significant changes and bring them to the Board for
review. The Board will discuss and make recommendations to the Town Board for approval or
disapproval. During the Board discussions, the public will have the opportunity to provide input
concerning any proposed changes, and could also make suggestions for other discussion topics. CBO
Birchfield stated that when he refers to “staff”, it includes the entire Community Development
Department. He stated in addition to being the Chief Building Official, he is also the Town Floodplain
Manager.
Regular Board of Appeals meetings will be held until the adoption of the 2015 Codes and Local
Amendments. After that, the Board would only meet if there is an appeal application submitted.
Before distributing the appeal information, CBO Birchfield would make sure the language is clear as to
what the applicant was appealing.
CBO Birchfield distributed an example of a proposed 2009 local amendment to familiarize the Board
with the formatting. He stated not every significant issue in the code books will be significant to the
Town of Estes Park. Some changes will be as simple as completing a required form. He briefly
discussed Section 113 of the IBC, the Right to Appeal, touching on the timeline for the appeal request,
hearing schedule, legal notices, etc. The Board would render a decision to the appellant. Following
that decision, the appellant and/or the Town has the right to appeal the Board of Appeals decision to
a higher court. CBO Birchfield explained the appendices are not automatically a part of the code
unless specifically adopted. The adoption of the 2009 local amendments included Appendix B, which
includes the Board of Appeals. He suggested the Board study each code’s appeals section to
determine what language they want to use for the Estes Park local amendment. Secretary Thompson
will send the appeals sections from each code to the Board for review.
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 3
January 8, 2015
Board Room, Estes Park Town Hall
CBO Birchfield stated once adopted, the Board does not have the right to waive the requirements of
the code. The CBO also does not have that right. The elected officials, Board of Appeals, and staff are
required to comply with it, unless the elected officials revise or repeal it.
CBO Birchfield stated the next meeting would include information on fees and possibly the Property
Maintenance Code. He would be polling the Board for feedback on how involved they want to be with
code adoption, as this Board has not been involved with that process thus far. He stated the Board
would be charting new territory, and he wanted to make sure they were up for the challenge. As for
the stakeholder meetings, he stated different groups would be targeted for discussions on particular
codes, but all meetings would be open to the public. The Board members would be included in all
communications. Staff is in the process of compiling stakeholder email distribution lists of specific
areas of expertise.
Joe Coop asked for CBO Birchfield’s opinion on why the Town was considering adopting the
International Property Maintenance Code (IPMC). CBO Birchfield responded by stating the current
regulations require a building to become imminently dangerous before he would have the authority to
act. If the IPMC was adopted, he would not have to wait until it was a crisis. The building code talks
about how to build buildings, and does not require them to be maintained. The IPMC does not let a
dangerous situation become a crisis, by allowing the CBO to act before it becomes imminent. Local
amendments could address the issue of the right to inspect private homes. CBO Birchfield ‘s opinion is
property owners are required to maintain buildings to the code they were built to, unless it’s unsafe.
The final word will be up to the elected officials. CBO Fried stated Larimer County discussed adopting,
but decided against it. Instead, the County adopted the 1991 Uniform Code for the Abatement of
Dangerous Buildings.
Member Spooner stated there may be some conflicts in the IPMC with planning (external design, yard
maintenance, etc.) and the Fire Code that would need to be reviewed and aligned with other codes.
CBO Birchfield stated all items would be on the table for discussion.
Theresa White asked if the Town was a member of the International Council for Local Environmental
Initiatives (ICLEI). She stated the ICC was a subgroup of ICLEI. ICLEI was established to enforce the
United Nations Agenda #21 treaty that Congress did not ratify, instead giving authority to local
governments. She was concerned about the involvement of ICLEI in Estes Park.
Member Calvin inquired about the signature page on the Rules and Responsibilities page. Secretary
Thompson stated if the members agreed with the document, they were to sign it and return it to her
at the next meeting. The original would remain in their notebooks.
CBO Birchfield stated the Town has agreed to pay for each Board member to attend one day of the
Colorado Educational Institute in March. This conference is one of the best in the nation for ICC
training. If you’re able to attend, please give your registration information to Secretary Thompson and
she will make the reservations.
There being no further business, the meeting was adjourned at 5:30 p.m.
___________________________________
Karen Thompson, Recording Secretary
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 1
February 5, 2015
Board Room, Estes Park Town Hall
Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo
Attending: Members Klein, Spooner, Calvin, and Schiaffo
Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit
Technician Charlie Phillips, Recording Secretary Karen Thompson
Absent: Member Darling
The following minutes reflect the order of the agenda and not necessarily the chronological sequence.
CBO Birchfield opened the meeting. He informed the Board all meetings will be recorded and
televised. Each Board member introduced himself and gave their area of expertise as follows: Member
Schiaffo, Mechanical and Plumbing for 40 years; Member Calvin, Registered Architect for 25 years;
Member Spooner, Registered Professional Engineer focusing on structural engineering and water
resources for 45 years; and Member Klein, HVAC and Mechanical for 16 years. Note: Member Darling
is a General Contractor.
ELECTION OF OFFICERS
Member Calvin nominated Member Spooner for Chair. Member Spooner nominated Member Schiaffo
for Vice-Chair.
It was moved and seconded (Calvin/Schiaffo) to elect Member Spooner as Chair of the Board of
Appeals for a one year term, and the motion passed unanimously with one absent.
It was moved and seconded (Spooner/Calvin) to elect Member Schiaffo as Vice-Chair of the Board of
Appeals for a one year term, and the motion passed unanimously with one absent.
A five-minute recess was called to program the voting stations. The meeting reconvened at 4:15.
BOARD OF APPEALS BYLAWS
Chair Spooner opened discussion on the Bylaws. CBO Birchfield stated the IBC has provisions for a
Board of Appeals, which is different than the Town-generated Bylaws. Concerning item II.C, there was
general consensus to revise the language to read: Regularly scheduled meetings of the Board may be
canceled or rescheduled upon approval by two-thirds three of the members of the Board. Secretary
Thompson stated the Bylaws were revised to reflect the changes requested at the January meeting,
and confirmed that a quorum would consist of three (3) members. There was discussion concerning
item III.G, which states the approval of appeals requires 60% of the members attending any meeting
at which a quorum is present. CBO Birchfield explained if all members were present, approval would
require three members. If three members were present, approval would require two members. If the
Board did not feel confident making the decision on an appeal with only three members in
attendance, the item could be continued to a future date when all members were present. Member
Calvin requested clarification on whether a Board member could bring an issue to the Board of
Appeals as a public citizen, not as a Board member. CBO Birchfield confirmed any member could speak
as a public citizen or client representative by recusing himself from the Board and leaving the dais.
It was moved and seconded (Calvin/Schiaffo) to approve the bylaws as amended (Section II.C) and
the motion passed 4-0 with one absent.
Chair Spooner stated the March meeting will be held March 12, 2015. Future meetings will be held the
first Thursday of each month. Meetings will be held in the Town Hall Board Room from 4 to 6 p.m.
2012 SIGNIFICANT CHANGES CRITERIA
CBO Birchfield distributed a handout of the 2012 Significant Changes. Although the 2012 Codes were
not adopted, the changes will still apply to the 2015 Codes, unless they were repealed. Purpose of
presenting the 2012 Significant Changes is to get a position of this Board as to the process being used
by staff for formatting revisions. If the Board agrees, staff will use this format for the 2015 Code. With
few exceptions, changes have not been identified for discussion if they meet any of the following
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 2
February 5, 2015
Board Room, Estes Park Town Hall
criteria: (1) The change decreased requirements; (2) The change is for clarification; (3) The code
section is not applicable in the Town of Estes Park (i.e. seismic zone D, high rises, etc.); (4) The code
section is extremely technical; is rarely an issue and requires the expertise of an architect or engineer;
(5) The change increases compliance options; (6) The change is exempted by Federal, State, or District
regulations (i.e. NFPA 101, Colorado Department of Health & Environment, public schools, etc.); (7)
The change permits methods or materials already permitted by the Chief Building Official; (8) The
change provides consistency with a national standard.
CBO Birchfield stated the 2015 Significant Changes would be provided to the Board a couple of weeks
prior to the March meeting for their review. He would like to “assign” each significant change to the
Board member or staff most qualified to lead any discussion that may come forth at the meetings.
2012 SIGNIFICANT CHANGES TO THE INTERNATIONAL BUILDING CODE
CBO Birchfield reviewed several of the 2012 Significant Changes so the Board could better understand
the format, and the thoughts behind the commentary. The full document, and other documents
related to the code adoptions can be viewed on the Town website at www.estes.org/icodes.
CBO Birchfield stated he would be providing the format and adoption timeline to the Town Board on
February 10, 2015. Feedback from the Board would be appreciated. He encouraged contractors and
other members of the public to attend the meetings and become involved. The meetings are not
quasi-judicial, and discussion is encouraged. Code books are available in the Division of Building Safety
for check out. CBO Birchfield and staff will complete the majority of the legwork on the code revisions,
and the Board and public will have the opportunity to review them and proposed amendments.
The March meeting agenda will include the 2015 IBC Significant Changes. There will be a press release,
and emails sent to all contractors. Depending on the time needed for discussion, the proposed local
amendments to the IBC will also be discussed.
CBO Birchfield stated except for the International Residential Code (IRC), all other codes are
referenced in the IBC in their entirety. Chapter 1 references all the codes, which means when you
adopt the IBC you also adopt all the others: International Fuel Gas Code (IFGC), International
Mechanical Code (IMC), International Plumbing Code (IPC), International Property Maintenance Code
(IPMC), International Fire Code (IFC), International Energy Conservation Code (IECC), and International
Existing Building Code (IEBC). Each code will be reviewed in the order listed in the IBC. The IRC is
different in that it stands alone and provides all the information needed to build a residential dwelling.
It pulls in sections from other codes rather than adopting the entire code by reference.
CBO Birchfield stated each monthly meeting would involve discussion of significant changes, proposed
local amendments, and stakeholder and public concerns for one of the International Codes. Each
month, a different code would be on the agenda. Additional public meetings could be held in between
the regular meetings if discussions were not resolved at the regular meeting. He plans to keep the
Town Trustees informed on a regular basis as to recommendations of this Board. If all goes according
to plan, the Board of Appeals would make a final recommendation for all codes in November, and at
least one public hearing would be held by the Town Board late November or early December.
Concerning public comment at Board of Appeals meetings, he stated it is the Chair’s responsibility to
keep the meeting on task and moving forward.
FEES
CBO Birchfield stated the fee schedule currently adopted is based on valuation, which includes costs
plus labor. The Division of Building Safety uses a valuation schedule to calculate the fees, based on
square foot formulas. It is a rather complicated process, because different uses of buildings have
different valuations. The fee schedule in use today has been in use since 1998. Although project costs
have increased, which has subsequently increased valuation, the fees associated with those valuations
have not increased. He explained the lower the value of the project, the higher the percent of the
fees, in relationship to the project. On the flip side, high value projects have lower fees in relationship
to the project. If the Board and stakeholders choose to stay with this fee structure, we will need to
look at revising the unit costs for the IRC and IBC. If square foot unit values are inaccurate, the fees
being charged are not being assessed on the entire value of the project. Square foot unit values come
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 3
February 5, 2015
Board Room, Estes Park Town Hall
from a national standard that can be modified regionally, if needed. To be equitable, the numbers
have to be accurate. CBO Birchfield stated Estes Park has extremely low permit fees compared to
other jurisdictions. He would like to see permit fees reflect the true value of the project, and would
appreciate a process that is easier to calculate than the current fee schedule. This would allow the
customer to be able to estimate fees prior to issuance of the permit. For example, the fee could be $1
per square foot plus $.50 per square foot for plan review. Multiple inspections and/or reviews would
have additional charges. Flat fees could be charged for over-the-counter permits. CBO Birchfield
stated the current system is very difficult to understand. While other jurisdictions have implemented
impact fees (school, road, fire, etc.), Estes Park has not taken that route. The consideration of impact
fees would need to come from the elected officials.
CBO Birchfield stated he would prefer to use unit cost, with additional fees for more complicated
projects. Many building plans require engineering due to the increased design wind speed, and a
possible option could be to lower review fees since plans are stamped by engineers. He would
appreciate feedback from the Board concerning ways to apply fees. He stated the revenue from
permit fees is deposited into the Town’s general fund. Member Klein requested examples of fee
structures from other jurisdictions. CBO Birchfield stated he will ask the elected officials where they
stand on the matter and bring it back to the Board of Appeals.
Public comment
None
STAFF AND MEMBER DISCUSSION
CBO Birchfield reviewed the code books with Board members, explaining what the symbols and
formatting means. Many of the changes deal with national standards, so the Board and staff need to
be cognizant of those standards. As new codes are adopted, they will reference more recent additions
of the same standards. When an amendment is proposed, care needs to be given to revise all portions
of the code dealing with that amendment. Local amendments need to align with the Fire Code, sewer
requirements established by the sanitation districts, etc. A lot of thought and research by staff goes
into the local amendments. Chair Spooner stated he would be interested in hearing staff’s issues with
the current codes and local amendments.
There was discussion between CBO Birchfield and the Board. Comments included, but were not
limited to: once the local amendments are adopted, the document will be burned onto CDs and given
to contractors, a clean copy of the local amendments should be posted to the Town website; out of
respect of people’s time, meetings will begin and end on time, with items requiring additional
discussion being continued to either an additional meeting or the next regularly scheduled meeting; if
additional meetings are required, Board members will be given updates at the next regularly
scheduled Board of Appeals meeting, and discussion among the Board and staff will occur before a
recommendation is made; if members of the public would prefer to provide written comments rather
than speaking in public, letters can be sent to CBO Birchfield at wbirchfield@estes.org, and the
comments will be provided to the Board of Appeals and the Town Trustees; it is important that all that
desire to be heard are provided that opportunity. Once the codes are adopted, the Estes Valley Library
will have a copy of the code books for reference use (no check out).
There being no further business, the meeting was adjourned at 5:32 p.m.
___________________________________
John Spooner, Chair
___________________________________
Karen Thompson, Recording Secretary
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 1
March 12, 2015
Board Room, Estes Park Town Hall
Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo
Attending: Members Klein, Spooner, Calvin, Darling, and Schiaffo
Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit
Technician Charlie Phillips, Recording Secretary Karen Thompson
Absent: None
The following minutes reflect the order of the agenda and not necessarily the chronological sequence.
There were six people in the audience (including two staff).
Chair Spooner opened the meeting. CBO Birchfield informed the Board all meetings will be recorded
and televised. Each Board member introduced himself and gave their area of expertise as follows:
Member Klein, HVAC and Mechanical Contractor for 16 years; Member Darling, General Contractor
who has worked locally for 20 years; Member Schiaffo, Mechanical and Plumbing Contractor for 40
years; Member Calvin, Registered Architect for 25 years; Member Spooner, Registered Professional
Engineer focusing on structural engineering and water resources for 45 years.
CONSENT AGENDA
Minutes from February 5, 2015 Board of Appeals meeting.
It was moved and seconded (Schiaffo/Klein) to approve the minutes as presented. Darling abstained.
Chair Spooner stated Town staff and the Board of Appeals welcome and encourage input concerning
the proposed 2015 building codes and local amendments. The adoption process will take most of the
year, with a different code discussed each month. If stakeholders or citizens wish to comment, he
recommended they submit written comments to Town staff or one of the Board members, and the
information will be shared and discussed at one of the meetings. The Town website has the various
topics to be discussed. All meetings, with the exception of this one, will be the first Thursday of each
month, from 4 to 6 p.m. in the Town Hall Board Room. The April meeting will include the
International Residential Code.
CBO Birchfield attended the Town Board Study Session on February 10th to provide the Town Board
with the adoption process and timeline. They approved of his plan. Press releases will be sent, and a
mass email distributed to all stakeholders that have (or had) an Estes Park Building Contractor License.
Emails may also be sent to business owners, if an email address was provided on the business license
application. The Town Board requested a fee survey, and CBO Birchfield will gather the information
and present it at a future meeting. He stated the Town Board also requested a monthly update on the
adoption process.
2012 SIGNIFICANT CHANGES TO THE INTERNATIONAL BUILDING CODE (IBC)
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 2
March 12, 2015
Board Room, Estes Park Town Hall
CBO Birchfield stated the 2012 Significant Changes were reviewed fairly quickly at the February
meeting, and he encouraged those interested to view the document on the Town website
(www.estes.org/icodes). He stated the publication of the 2012 Significant Changes to the IBC is
available for check out through the Division of Building Safety.
The Board had no specific questions nor concerns concerning the 2012 Significant Changes to the IBC,
and agreed to move on to reviewing the 2015 Significant Changes to the IBC. He reviewed the criteria
for determining whether or not a significant change was significant to the Town of Estes Park. This
information was presented at last month’s meeting. For specifics, please refer to the February Board
of Appeals meeting minutes.
2015 SIGNIFICANT CHANGES
CBO Birchfield stated Certificates of Occupancy (CO) are required for every building prior to
occupancy. If an existing building undergoes a change of use, a CO is required. There is not one set of
rules for all buildings; rather, rules are based on the hazards associated with the use.
Member Calvin reviewed the code change related to “lodging houses”, stating a definition has been
added for this type of dwelling. A lodging house is a building occupied by the owner and up to five
additional tenants. This is different from a boarding house, where the owner does not live in the
building. These buildings are classified as R‐3 occupancy.
CBO Birchfield stated section 705.2 deals with roof overhangs, cornices, etc. The ICC continues to
make minor changes to the language for clarification. This code change would be addressed by
architects and designers.
Member Darling stated the change for membrane penetrations, depending on the assembly, it would
need to be whatever the fire stop would need to be in order to separate two units. Current Town
practices already account for this change.
Fire Marshall Marc Robinson reviewed changes to Chapter 9, which is regulated by the Fire Code. He
stated the changes in Chapter 9 are changing how we do calculations, with the goal to make it easier
to determine when sprinklers are required in A occupancy buildings. This comes into play when you
have separate A occupancies in one building, all with one point of egress (example: a food court with
several kitchens and limited egress) We have very few buildings of this type in Estes. CBO Birchfield
added if a building currently has a restaurant and they want to add another restaurant(s) in the same
building, once the total occupancy reaches 300 the building will need to be sprinkled if they all use
the same egress path.
Marshall Robinson stated other code changes deal with assisted living facilities and the types of
sprinklers required. Some facilities provide living quarters for people who are capable of leaving the
building on their own power; while others provide living quarters for people who may need
assistance in leaving the building in case of fire. This code addresses the types of systems required in
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 3
March 12, 2015
Board Room, Estes Park Town Hall
those different facilities. It is all about the volume of water coming from the sprinkler. In some cases,
sprinklers in these facilities will be required in attics.
Marshall Robinson states most changes are being brought into the Codes from the National Fire
Protection Association (NFPA). Taking a nationally recognized code and bringing the definitions into
the International Building Codes.
Marshall Robinson stated fire suppression systems in assisted living homes will be able to have
residential range hoods with a fire suppression system similar to commercial kitchen hoods.
Town Building Inspector Claude Traufield stated a change is being made concerning the location of
smoke alarms in relation to locations of permanently installed cooking appliances and bathroom
doors. The regulations are being added to the IBC. Some changes have been made with the intent to
reduce false alarms, and to discourage people from disconnecting the alarms. The change will allow
inspectors to quickly reference the material in the field. Carbon monoxide alarm regulations are being
added to the IBC to make it easier
Member Calvin reviewed the change concerning accessibility in assisted living and rehabilitation
facilities. This is in alignment with the revised changes concerning fire sprinkler systems. The number
of accessible features required is being changed, depending on the capability of the residents to exit
the building safely.
CBO Birchfield stated when a new addition of the code is adopted, the reference standards are also
changed to align with the new codes. Contractors in the field will be expected to follow the new
standards as adopted.
Member Calvin stated there will be a change to accessibility standards in multi‐unit residential
buildings. The previous regulations allowed designers to use the entire site to calculate the number
of accessible units required. The change will require analyzing each building with more than 50 units
to determine the number of accessible units required within the building, not just on the site. There is
additional provision dealing with folding seats in accessible showers.
Member Spooner stated the snow load data is being revised, and there will be a requirement to show
on the construction documents the flat roof snow load, snow load factor, importance factor, thermal
factor, etc. He does not view this as an issue, as the structural engineers are already calculating the
numbers – they will now just have to insert the tables onto the construction plans. This requirement
will be for buildings designed under the Building Code (IBC), not the residential code.
Member Spooner reviewed the code changes concerning partition loads. This is where a commercial
structure is built where the inside partitions can be moved. The change requires the floor system to
be designed to support various loads, because the tenant finish may be unknown at the time of
construction.
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 4
March 12, 2015
Board Room, Estes Park Town Hall
CBO Birchfield stated the 2015 Codes have done away with a lot of requirements for special
inspections (third‐party) and put the emphasis back on the fabrication of components that would
normally require a special inspection.
Member Spooner stated the code change on open‐webbed steel joist and joist girders is rarely used
on residential buildings. If the change would apply to a building in Estes Park, the property owner
would need to hire a special inspector. CBO Birchfield stated the improper installation of these
girders is a main reason for structural failure.
Member Spooner stated the Board of Appeals, staff, and stakeholders will be spending a lot of time
discussing wind resistance. There is a need for putting together the components in a manner that will
satisfy the wind requirements. Wind construction has improved in the past five years. CBO Birchfield
reminded the Board that this change is in the IBC, not the IRC, and the change includes a special
inspection for wood‐framed construction in high wind areas. Please keep that in mind when we get to
the proposed local amendments.
CBO Birchfield stated Chapter 23 deals with a definition of structural glued cross laminated timbers.
Sometimes it takes the code a while to catch up with what’s happening now in the field.
CBO Birchfield stated Chapter 34 has been removed in its entirety and everything relating to existing
buildings will now be addressed in the International Existing Building Code.
Chair Spooner stated wind standards significantly increased when the 2009 codes were adopted. The
change was due to a study that was completed by a group of structural engineers based in Fort
Collins. The study included the area from Denver to the Wyoming border, and the Continental Divide
to Interstate‐25. It is no surprise that unique wind situations occur in this area. A number of
communities adopted those design wind speeds from the study, which increased the design wind
speed from 90 to 140 mile per hour/3 second gust in the Estes Park area. The Larimer County website
shows the wind speed by individual parcel. When we adopt the 2015 code, we will also adopt a
change in the way the winds are defined. We are going to end up using a wind speed close to 170
mph. This does not mean we are changing the pressures and the loads being put on the buildings.
There has been a reassessment of how winds are specified, and it includes risk (e.g. use of structure).
He explained in detail how the revision may affect construction. Basic concept is changing, and
methods of calculation are changing, but when you complete the analysis, the design wind speed will
not be changing that much. Chair Spooner would recommend coordinating the Town’s design wind
speed with Larimer County.
2012 SIGNIFICANT CHANGES TO THE INTERNATIONAL BUILDING CODE
CBO Birchfield briefly reviewed the 2012 Significant Changes to the IBC. For specifics, please refer to
the document posted on the Town website.
Marshall Robinson discussed sprinkler protection for basements, which are the most hazardous areas
to fight fires. In basements, walls can hinder fighting a fire. The change would be when basements
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 5
March 12, 2015
Board Room, Estes Park Town Hall
become compartmentalized, a higher risk for firefighters occurs, and depending on the change, it
could trigger the provision to sprinkle the basement. It is a two‐condition trigger: the basement has
to be over 1500 square feet, and partitions are added. The code is not retroactive. This would involve
new construction or property owners that want to compartmentalize existing space. The trigger could
be tripped if they want to change the use. This is one reason it is important to pull building permits,
so a history of the building can be compiled. This change for basement sprinklers would be enforced
by the International Fire Code and the International Property Maintenance Code (if adopted).
Other than wind, snow, fees, and wildfire, which will all be addressed separately, CBO Birchfield
requested feedback from the Board concerning the significant changes and local amendments. Most
are lining up with national standards. Comments from the Board included: staff did a good job in
reviewing them, and there were no concerns about the proposed changes. If the public comes to the
Board with a concern over a change, it will be discussed.
2015 IBC LOCAL AMENDMENTS
CBO Birchfield stated all the proposed amendments are also current amendments, with the exception
of wind, snow, fees, and wildfire. Most have to do with Chapter 1, Administrative Provisions. When
the code is adopted, we are creating an enforcement agency and a person responsible to enforce the
codes. Several codes are adopted by references. There will be public meetings on each of the codes.
State law requires the municipality to adopt an energy code if it adopts the buildings codes. The
proposed significant changes, local amendments, and public concerns can be viewed on the Town
website at www.estes.org/icodes. He emphasized this code does not apply to one‐ and two‐family
residential homes. The State of Colorado oversees the electrical code, the First District will oversee
the Fire Code, and the Larimer County Health Department will oversee private sewage disposal
systems.
CBO Birchfield stated annual permits are allowed, and can be pulled for small jobs by the property
owners. Inspections are still required. The annual permit allows property owners to begin work
before all the office paperwork is complete. Additionally, annual permits can also be issued to
contractors, as long as they are qualified to do the work for which they are applying. Once they
submit an application, they do not have to wait for staff to issue the permit before they can go to
work. The contractor would have an account for building permit fees. Permit applications that qualify
for the annual permit are those that do not require review by staff or sign off by other agencies
having jurisdiction.
CBO Birchfield stated the only contractors not required to have a Building Contractor License (BCL)
are those regulated by the state (e.g. plumbing, electrical). Homeowners do not have to have BCLs,
depending on the scope of the work; however, they must pull permits, have inspections, etc. The
property owner must live in the home to qualify for no BCL. There are other exceptions to the
requirement of the BCL. Check with the Division of Building Safety to ensure all documents required
are on file. Volunteers are exempt from contractor licensing because they are not being compensated
for their work. They are still required to pull permits and comply with the codes.
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CBO Birchfield stated there is nothing in the 2015 codes that discuss how permits expire. He would
propose expiration dates that are determined by the type of permit. Fuel gas, roofs, etc. will have
shorter expiration dates, while a permit for a new building will be 18 months. Extensions can be
requested. Permit boxes are required for large jobs.
CBO Birchfield stated submittal documents depend on the scope of the work. It is up to the
architect or engineer to make sure they are qualified to put their stamp on the plans.
Public Comment
None.
Staff and Member Discussion
There was general consensus of the Board to continue the 2015 Proposed Local Amendments to the
IBC at an additional meeting, in order to keep the regular meetings on schedule.
Chair Spooner announced the next meeting will be held Thursday, March 26, 2015 from 4 to 6 p.m. in
the Estes Park Town Hall Board Room.
There being no further business, the meeting was adjourned at 6:05 p.m.
___________________________________
John Spooner, Chair
___________________________________
Karen Thompson, Recording Secretary
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 1
March 26, 2015
Board Room, Estes Park Town Hall
Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo
Attending: Members Klein, Spooner, Calvin, Darling, and Schiaffo
Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit
Technician Charlie Phillips, Recording Secretary Karen Thompson
Absent: None
The following minutes reflect the order of the agenda and not necessarily the chronological sequence.
There were four people in the audience (including two staff).
Chair Spooner opened the meeting, stating this meeting would be a continuation of the International
Building Code significant changes, proposed local amendments, and local concerns.
CONSENT AGENDA
Minutes from March 12, 2015 Board of Appeals meeting.
It was moved and seconded (Schiaffo/Calvin) to approve the minutes as presented and the motion
passed unanimously.
CBO Birchfield stated Chapter 1 of the IBC are the administrative provisions, which will also apply to
the other codes. He would skip Chapter 1 today to move forward more quickly. If there was time at
the end of the meeting, he would go back to Chapter 1 review.
Classification of buildings. CBO Birchfield met with a local architect concerning small tenant spaces.
According to the building code, a building serving food and drink with an occupancy load of less than
50 can be classified as a business; however, when there are more than 15 persons (including
employees) they are required to provide separate sex restrooms. Both restrooms would have to be
accessible. The proposed amendment would add an exception for small tenant spaces where the
primary service is carry-out foods and/or drinks with seating for not more than 15 persons, may be
classified as a Group M, Mercantile occupancy classification. This will make it easier for tenants as far
as plumbing fixtures and restroom requirements are concerned.
Address identification. In the Estes Valley, most streets are not on a grid system, and often have long
driveways. This amendment would require an address be posted at the street if you are unable to see
the address from the public right-of-way. This is a current amendment.
Automatic Sprinkler System Trigger. All new construction and all substantially improved construction
(50%) in the CD–Commercial Downtown zone district has to be fully sprinkled with an NFPA 13 system.
This is important for the downtown area, where there are many zero lot lines. The NPFA 13 system
will allow the property owners much more flexibility for future uses.
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March 26, 2015
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Stair treads and risers. This amendment requires stair geometry to be measured in their finished
condition. Stairs are a hazardous use in building, and a finished measurement is more accurate than a
measurement during the rough stage.
Exit signs. Exit signs are required down low in areas serving hotel rooms so they are visible during a
fire/smoke event. Current code with Larimer County. This is a current amendment.
Window Openings. It is proposed to delete this section that requires guard rails on windows that are a
certain distance from the floor. Local concern due to the number of homes with large window walls.
Not a good fit for Estes Park.
Emergency Escape and Rescue. This concerns the size of egress windows. 5.7 square feet is required
on buildings where a ladder would be needed for emergency escape and rescue. If no ladder is
needed, the size is lessened to five square feet. The proposed amendment is to require the 5.7 square
feet, with no option for 5 square feet. The rules are different if a sprinkler system in installed.
Ceiling Heights in Basements. This provision needs to be deleted due to some of the existing ceiling
heights in older buildings in town. Leaving this in the code would prevent the issuance of building
permits in certain buildings in town. Regardless of the ceiling height, an emergency escape and rescue
window is required. For new construction and/or change of use, every basement should have at least
one egress window/door in basements. Basement fires are very hazardous for firefighters.
Accessibility. The Division of Building Safety does not regulate the ADA or Fair Housing Act.
Everything that is not in the building code is the responsibility of the property owner, the designer,
and the contractor. The issuance of a building permit does not relieve the property owner, designer,
and/or contractor of the requirement to abide by Federal or State laws. Developers will need to
comply with Colorado Revised Statutes 9-5, which will become part of the building code as a local
amendment. The Chief Building Official does not have the authority to interpret or the responsibility
to enforce Federal and State accessibility laws.
Minimum ceiling height. The proposed amendment provides for minimum ceiling heights in habitable
spaces. Consistent with Larimer County.
Roof assemblies. This local amendment would require Class A roof coverings or assemblies for
buildings in the CD–Commercial Downtown zone district. This zone district has wooden buildings, zero
lot lines, and limited access for firefighters.
Rooftop structures. This local amendment is intended to maintain proper roof drainage when new
and/or different appliances and/or equipment are installed on roofs. Twelve inch curbs will be
required.
Structural design. This is a current amendment. It is NOT consistent with Larimer County. Sets live
loads for residential decks at 60 pounds per square foot (psf) and 100 psf if a hot tub is on the deck.
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Estes Park Board of Appeals 3
March 26, 2015
Board Room, Estes Park Town Hall
Sleeping areas are 40 psf across the board. Member Spooner stated the loads on Table 1607.1 do not
indicate live or dead load, and he thinks clarification should be made. CBO Birchfield stated there may
be a footnote that talks about the loads. Loads were not intended to be compounded. He will check
on it and report back.
Snow Loads. The Structural Engineers Association of Colorado (SEAC) hopes to put out a new snow
load study by the end of 2015. CBO Birchfield would like to postpone this amendment until the new
study is complete.
Wind Loads. There was extensive discussion about the new procedures for determining design wind
speeds. The terminology is changing, now using “Ultimate Design Wind Speed”. In the past, an
‘importance factor’ was determined by the use of the building. For example, a pole barn used for
storage would have a lower importance factor than a critical care facility. The calculated wind loading
was increased by an importance factor multiplier, thus providing higher loadings for higher risk
buildings. In the new procedure, three different ultimate wind speed maps are provided for the
different importance factors. The higher the importance, the higher the wind speed and no multipliers
are used. Under the new system, the ultimate wind speed for a residential structure will be about 175
mph. However, once all the calculations are complete, the nominal loads for Estes Park residences will
convert back down to approximately the equivalent to the 140 mph/ 3-second gust used previously. A
question was asked about the manufacturer’s rating of building components (such as windows) and
the very high wind speeds that we have. Member Spooner stated all products are tested at sea level
pressures, which are different than pressures at 7,000 feet above sea level. In addition to the table
that we currently provide showing pressure corrections related to altitude, he would like to see a
table showing sea level speed corrections for the Estes Park area. He would be willing to assist with
the calculations for the table. He stated it would also be important to have Larimer County on board
with the new wind speeds to ensure consistency. CBO Birchfield stated he would recommend
adopting the study by SEAC by reference.
Rain Loads. This amendment would assist with determining the size of roof drains. It was consistent
with the Larimer County codes for 2009. The design factor uses ‘inches per hour’.
Flood loads. The Estes Park Municipal Code had to be revised to align with state law. Floodplain
regulations can be more restrictive, but not less. The floodplain regulations the Town has are in the
Municipal Code. Estes Park does not have any occupiable structures in the floodway. The proposed
amendment is to delete the flood load section of the IBC and refer to the Municipal Code.
Earthquake Loads. This is a current local amendment and is consistent with Larimer County. It verifies
minimum seismic design criteria for designers and for plan reviewers.
Special Inspections. The IBC requires special third party inspections for wood frame structures in high
wind areas. The local amendment would add “when required by the chief building official.” This
amendment will also apply to the International Residential Code and the International Existing
Building Code.
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Estes Park Board of Appeals 4
March 26, 2015
Board Room, Estes Park Town Hall
Soils and foundations – Dampproofing and Waterproofing. As determined by the CBO, foundation
walls shall be waterproofed when such walls enclose habitable spaces on the uphill side of a buildings,
and positive drainage away from the wall is not provided. Every habitable space below grade must be
damp proofed.
Foundation drains – This local amendment is intended to address water intrusion into below grade
habitable spaces. Foundation drains would be required in buildings unless there are stamped plans
that say they are not needed.
Drainage discharge. Foundation perimeter drains shall not be dumped into the public sewer system.
Must exit above ground.
Foundations. The minimum design requirements shall be the Minimum Design Criteria for Non-
Engineered Poured Concrete Foundations. There was general consensus among the Board to remove
the design criteria for CMU foundations.
Shallow Foundations. This amendment establishes the frost line at 30 inches below grade.
Wildfire Hazard Mitigation. The current amendment adopts the Larimer County standards by
reference. However, CBO Birchfield believes the Estes Valley is at higher wildfire risk than the rest of
Larimer County. He will have discussions with Fire Marshall Robinson and review the Wildland
Interface Code. Member Darling stated there may be a possible conflict concerning plant materials
between the building code and the development code. CBO Birchfield stated he would research this
and report back to the Board. He stated the Insurance Service Office (ISO) looks at hazard mitigation
and gives the community a rated number. Buildings with lower ISO numbers could have better
insurance rates than those with higher ISO numbers. Life safety always overrules aesthetics.
CBO Birchfield stated the Appendices are not part of the codes unless specifically adopted. He
recommended the following:
Appendix V – Grading. This appendix is currently in the local amendments and maintains historic
practices. Apart from this appendix, there are no provisions in the codes regulating earth work. If this
is not adopted, the Town could not require grading permits. Grading permits are important to begin
infrastructure construction prior to issuing building permits on large projects. The proposed
amendments increase grading permit fees by 25-30%.
At this point in the meeting, CBO Birchfield reverted back to the Administrative Provisions that had
been bypassed earlier on. The Administrative Provisions carry through all of the codes by reference to
the IBC. They are as follows:
• Transfer of permits. Building permits can be transferred to another person when both agree.
• Floor and Roof Design Loads. Design loads over 50 pounds must be posted.
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• Design standards. Prescriptive provisions do not apply due to wind speed.
• Means of egress. Submittal documents showing means of egress cannot be cluttered and must
be on separate sheets. The complexity of egress systems require separate plans.
• Temporary Structures and Uses. The IBC is in conflict with the Municipal Code and
Development Code, so this code will be amended to align with those two codes.
• Temporary Power. Gives the CBO and the State Electrical Inspector the authority to provide
temporary power to buildings.
• Fees. The Division of Building Safety will conduct a fee study and will share the results with the
Board.
• Work commencing before permit issuance. Additional fees may apply if the contractor does
not obtain necessary permits prior to commencing work. Fee is three times the permit fee,
plus the permit fee. This amendment is meant for people who willfully work against the
system.
• Refunds. The CBO is authorized to establish a refund policy. This language is from the Uniform
Building Code.
• Expiration of plan review. The application for a building permit is null and void if the
application is approved and the applicant does not pick it up and pay the fees.
• Reinspection fees. Fees can be assessed if contractors call for inspections they are not ready,
or if previous corrections are not made prior to the next inspection. These types of inspections
require a significant amount of unnecessary staff time and paperwork.
• Inspections. The Town requires drywall inspections.
• Energy Efficiency. If you are conditioning the air, you must provide an energy efficiency
certification at the end of the job.
• Contractor’s Affidavit. The goal of an affidavit is to expedite the jobs. If pre-approved,
contractors can provide an affidavit in lieu of an inspection. This is a privilege, and not
something the Division of Building Safety is required to do.
• Certificate of Occupancy. This amendment explains when we need them. Includes a fee. The
exception tells when a CO is not needed.
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• Temporary Certificate of Occupancy. The CBO is authorized to issue a TCO, but not required
to do so. Fees are applicable. CBO Birchfield stated he is going to recommend to the elected
officials that the fee for TCO be increased from $100 to $400-500, to deter abuse of the
process. He added there would be an exemption for inclement weather. It is not the goal of
the Division of Building Safety to allow the issuance of a TCO to be used as a punch list for the
contractors.
• Board of Appeals. CBO Birchfield explained each code has its own appeals section. This
amendment would state the Board of Appeals section in the IBC will be the appeals process for
all the adopted codes.
Public Comment
None.
Staff and Member Discussion
Next meeting is April 2nd. The International Residential Code Significant Changes (2012 & 2015) will
be on the agenda. Many of the significant changes are not too significant, but CBO Birchfield wanted
the Board to decide if they are significant. The Board has been given the documentation, and was
asked to bring any comments to the next meeting.
There was brief discussion concerning public notices for Board of Appeals meetings. CBO Birchfield
stated Public Information Officer Kate Rusch published a meeting schedule several weeks ago, and
Ms. Thompson sends email meeting notices to approximately 275 addresses. A handout will be
created that will be distributed by Inspector Traufield, and copies will also be available in the office.
Chair Spooner stated if there are concerns about the present code and local amendments, comments
need to be provided in person or in writing to the Board of Appeals. Member Calvin and CBO
Birchfield will discuss the new ANSI accessible code and come back to the Board with comments.
There being no further business, the meeting was adjourned at 5:47 p.m.
___________________________________
John Spooner, Chair
___________________________________
Karen Thompson, Recording Secretary
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 1
April 2, 2015
Board Room, Estes Park Town Hall
Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo
Attending: Members Klein, Spooner, Calvin, Darling, and Schiaffo
Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit
Technician Charlie Phillips, Recording Secretary Karen Thompson
Absent: None
The following minutes reflect the order of the agenda and not necessarily the chronological sequence.
There were 13 people in the audience (including two staff).
Chair Spooner opened the meeting, stating this meeting would be a review of the IRC Significant
Changes for 2012 and 2015. He explained the reasoning behind reviewing two years: the Town
adopted the 2009 codes, and is planning to skip the 2012 and adopt the 2015 codes. However, in
order to do this, the 2012 changes still apply. Chair Spooner stated due to the extent of the material
to be covered, public comment will be taken at the specific point of discussion.
CONSENT AGENDA
Minutes from March 26, 2015 Board of Appeals meeting.
It was moved and seconded (Darling/Schiaffo) to approve the minutes as presented and the motion
passed unanimously.
2012 Significant Changes to the International Residential Code
Fences. Fence heights not requiring permit have been revised from six (6) feet to seven (7) feet high,
from original grade.
Exterior Walls. This decreases the line where you can build a non fire‐rated wall, if the building is
sprinkled, from five (5) feet to three (3) feet. This code will be amended if the Town Board decides to
not require sprinklers in all residential structures.
CBO Birchfield stated if the Town Board does not require sprinklers in all single‐family dwellings (SFD),
the code will need to be locally amended in several places because the code, since 2009, is written as
if all SFDs are sprinkled.
Openings and Penetrations of the Roof. It is important to understand what the IRC regulates –
detached SFD, detached duplexes, and Townhomes and their accessory structures. All others go to the
IBC. This revision stated no holes in roofs within 4 feet of the separating wall between townhouse
dwelling units. No plumbing vents, B‐vents, skylights, etc.
Mechanical Ventilation. This has the potential to be a really big deal. CBO Birchfield recommended
putting this change aside and discussing it with the Energy Code (IECC). Local Contractor Jim Docter
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 2
April 2, 2015
Board Room, Estes Park Town Hall
asked about blower door tests, if it’s below a minimum air change level, then would whole house
ventilation be required? CBO Birchfield stated yes, it would be an air quality issue within the house.
CBO Birchfield stated he has been in contact with the Governor’s office regarding the energy code.
The state offers free training to local jurisdictions on the energy code. He stated if you adopt a
building code, state law requires you must also adopt an energy code (at least the 2003 IECC). If we
adopt the 2015 IECC, there will be a lot of changes needed to align with the 2015 codes. It is intended
that the 2015 IECC be adopted with the 2015 IBC.
Ventilation Intake Openings. For any plumbing vent, or other contaminant source, less than 10 feet
from any opening to a building, the stop of the stack must be at least three feet higher than the top of
the opening. This change was made by a vote of the ICC committee.
Garage Fire Sprinklers. In SFDs and townhomes with sprinklers, nonrated exterior walls of garages are
permitted on a lot line if the garage is also sprinkled. This will be amended if the sprinkler requirement
is removed.
Window Well Drainages. Window wells serving openings will need to have drainage (gravel, etc) so it
does not fill up with water and drain into the house. There is an exception when foundation soils meet
certain specifications. Local designer Paul Brown inquired about adding a bedroom to an existing
dwelling without a foundation drain. CBO Birchfield stated gravel or other drainage material would
need to be installed. Additional work on the existing foundation would not be required.
Floor Elevations at the Required Egress Door. If this door swings in, you can now come out and step
down no more than 7 ¾” from the top of the threshold. There has to be a landing, not a step. This
applies only to the IRC. It would not apply to a mixed‐used building with residential uses.
Guards and Window Fall Protection. Known as the Eric Clapton Rule, this code requires guards on
windows large enough to fall through. The 2009 codes had less details. CBO Birchfield stated this was
removed from the 2009 codes by local amendment. He will recommend deleting this again from the
2015 codes. He stated the minimum height for the code to apply was six feet from exterior grade to
the bottom of the sill.
Foundation Drainage. This change requires the addition of a filter membrane to perforated foundation
drains, or put gravel on top of the pipe and fabric on top of gravel. This has been a standard practice in
Estes Park for a while.
Fire Protection of Floors. CBO Birchfield stated Larimer County deleted this from the 2012 codes. You
cannot leave floors unprotected. Unfinished basements will have to have ½” gypsum board to cover
the joists. The I‐joists being used today require additional fire protection. There are exceptions for
small mechanical rooms, but you have to fire block the perimeter around the walls. This will warrant
additional discussion. Applies to dwelling units and accessory buildings under the IRC.
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Estes Park Board of Appeals 3
April 2, 2015
Board Room, Estes Park Town Hall
Fire Marshall Marc Robinson stated this change is for firefighter safety. More lightweight construction
is being used, and have a higher, quicker fail rate under fire conditions than previous construction
techniques/materials. Even though the county has deleted this, he would encourage them to take a
harder look at it. He stated there needs to be some sort of failsafe for firefighters. Things can get bad
fairly quick, ten minutes or less for full room involvement. Volunteer fire departments can take ten
minutes to reach the site. There may be more research completed, but anything to protect the
structure itself from fire impingement will help. CBO Birchfield stated the addition of drywall will give
firefighters another fifteen minutes, if there are no penetrations. Marshall Robinson stated most code
changes having to do with fire are designed to allow firefighters more time. If the community is
looking at removing the sprinkler requirement, they should look at alternatives. Today’s building
materials burn faster, including but not limited to plastic (liquid fuel with a heat release rate of 4 x
wood construction). The goal is to protect the structure from collapse. Residential sprinklers are
designed to get people out of the building, not to save the structure. There are definitely fewer
firefighter deaths in communities with sprinkler and/or additional drywall requirements. There are
several exceptions, so builders need to become familiar with this code change.
Grout Fill Behind Masonry Veneer. Mortar is no longer permitted to fill the air space behind anchored
masonry veneer. It was creating issues with the drainage of the walls.
Flashing. Pan flashing is now required for window and door openings when flashing details are not
provided by the manufacturer. CBO Birchfield stated we are already doing it in new construction
windows, but it is not always getting done on the doors. Pan flashing is only on the sill.
Adhered Masonry Veneer. This change deals with the minimum clearance in flashing requirements.
You can no longer carry adhered masonry veneer down to the ground, and must provide a weep
screed for drainage. The distance between the grade and the clearance depends on the grade
material.
Unvented Attic Assemblies. This change applies not only to the typical attic, but also where there are
vaulted ceilings and the ceiling membrane goes right to the bottom of the rafter. New provisions state
you may have an unvented attic. CBO Birchfield stated this has to be done exactly right, with the right
materials in the right way in order to keep the bottom of the roof deck from condensing. Concealed
dry rot can occur if improperly installed. Several options for installation are available. He
recommended discussing this change at the same time the IECC is reviewed, as it will get into vapor
retarders. There is a big difference between vapor retarders and vapor barriers. Contractors are
welcome to check out the books from the Division of Building Safety to read up on the topic.
Sidewall Flashing. The key word is asphalt. With only asphalt shingles, you can now use either pan
flashing or step flashing. Special care must be taken for installation. Asphalt shingles only.
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 4
April 2, 2015
Board Room, Estes Park Town Hall
Recovering versus Replacement of Roofing. The 2009 code identified high hail areas. The Estes Valley
was right at the threshold. The 2009 code did not allow overlays, and now the hail provision has been
removed from the code. The Board will need to consider whether or not they want to keep the code
as written, or amend it to allow up to two layers of roofing.
Factory‐Built Chimney Offsets. These are the chimneys for wood burners, with very specific
manufacturer’s installation requirements. Maximum offset cannot be more than 30% in a factory built
chimney. Additionally, no more than four elbows are allowed. B‐vents have a separate set of rules.
CBO Birchfield addressed the Board about the next steps for review. It was the consensus of the
Board to move forward with the review of the 2015 changes to the IRC.
Building Code and Residential Code are the only two primary codes. Residential Code is a stand alone
code. He explained how the residential code includes provisions from all other codes. However, the
Building Code adopts the other codes in their entirety by reference.
2015 Significant Changes to the International Residential Code
Wind Design Criteria. Chair Spooner stated wind has been discussed at previous meetings. The ICC has
changed the definition of wind; however, their 180 mph definition does not change any structure
design changes for Estes Park, as it still converts to approximately 140 mph. CBO Birchfield stated he
would like to see the adoption of a county‐wide design wind speed.
Sunrooms. This code change is a mute point for Estes Park. Because of the wind loads, all sunrooms
must be engineered.
Modifications for Topographic Wind Effects. Same as previous change – engineering is required due to
wind loads.
Exterior Walls. This changes talks about about projections from walls (roof overhangs) when they are
close to the property lines. This will depend on whether or not the building is sprinkled. This change
will be a moving target, depending on sprinkling.
Townhouse Separation. IRC covers detached one‐ and two‐family townhouses (side by side
construction) with no limit as to how many you can build and connect, because the code assumes they
will be sprinkled and have fire separations between each unit. If the building is not sprinkled, you
must have a two‐hour rated wall. If sprinkled, a one‐hour wall is required. Not a local amendment.
Construction must be uninterrupted from the foundation to the roof deck. The drywall membrane
must also be uninterrupted. No platform framing is allowed. We have not exempted townhomes
from sprinkler requirements in Estes Park. If there are three units, sprinklers are required. NO
PLATFORM FRAMING. The exception is if you have a rated ceiling, you can stop the wall there.
RECORD OF PROCEEDINGS
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April 2, 2015
Board Room, Estes Park Town Hall
Fire Protection of Floors. The new code does not regulate penetrations or openings in the fire
protection membrane. CBO Birchfield is concerned about this provision. We will be requiring builders
to add drywall for fire protection, but will not be regulating penetrations or openings in that drywall.
Glazing Adjacent to the Bottom Stair Landing. There are restrictions for glazing when it is a certain
distance from the bottom of stairs. If the glazing is less than 36 inches above the landing and within a
60‐inch horizontal arc less than 180 degrees from the bottom tread nosing, tempered glass is
required.
Emergency Escape and Rescue Openings for Additions, Alterations and Repairs. Remodeling of an
existing basement does not trigger emergency openings unless a new bedroom is created. This is how
we have applied it all along, so it will not have an effect for Estes Park.
Smoke Alarms. This change lines up with the building code, which has been revised to keep smoke
alarms away from the doors to bathrooms and kitchens. Nuisance alarms make people disconnect
them, and this change will deter disconnection. CBO Birchfield stated smoke alarms are still the best
method for early detection.
Carbon Monoxide Alarms. This change describes the general location for placement of CO detectors.
CO detectors are required by the code if you have an attached garage or any fuel‐fired appliances in
the building. Changes that add fuel‐fired appliances would trigger CO detector installation.
Mezzanines. Limitations have been placed on the construction of these interior balconies (lofts).
Depending on the square footage, mezzanines become a floor. This code clarifies when that change
occurs.
Foundation anchorage. If everything is engineered, we may not need a code amendment because the
engineers will take care of that.
Floor Joist Spans for Common Lumber Species. This is the span table for different types of wood. The
length you can use is constantly decreasing because the wood fibers in joists are not as strong as they
used to be. Young growth trees are being cut, and the fibers are not as strong as older trees.
Decking. Permits have been required for changing the decking on existing decks. Depending on the
material, it changes the span requirements for the joists. Direction of span also affects the load on the
decking. Refer to Table R507.4 for specifics.
Deck Ledger Connection to Band Joist. Deck failures mostly occur where the deck is connected to the
building. Chair Spooner added deck failures are the number one type of failure in residential
structures. CBO Birchfield stated there are specific instructions in R507.2 about how to attached the
ledger.
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 6
April 2, 2015
Board Room, Estes Park Town Hall
Alternative Deck Lateral Load Connection. The current code has a provision that says there is a certain
procedure to maintain lateral stability. CBO Birchfield’s interpretation was that this is an option, not
a requirement. If there are concerns, the Board can have additional discussion on this change.
Deck Joists and Beams. There is clear language on cantilevers and beams. There must be a certain
amount of solid wood before you can notch. If you’re dealing with joist spans, you do not include the
cantilever in the span calculation. Contractors will need to make some calculations using the tables,
and convert it to comply with the deck loads for Estes Park (60 psf). There is specific criteria with joist
to beam connections.
Deck Posts. Posts over 8 feet require larger than a 4 x 4. This provisions is already being done in Estes
Park. The code provides specific instructions about how to attach the post to the pier. CBO Birchfield
wants additional discussion concerning the connections of the post to the pier, and would like to see a
minimum pier size on decks.
Exterior Insulation and Finish Systems (EIFS). This change is very important. The code now states you
can only use an EIFS system that does not have a drainage plane against concrete and masonry walls.
The EIFS cannot touch the ground. What most people do not realize is that the system is not
impervious. If it is not installed properly, it will filter moisture to the wall. CBO Birchfield stated this is
only for EIFS, not hard coat systems.
Ceiling Joist and Rafter Tables. The span table for rafters and ceiling joists have changed due to the
reduced strength lumber.
Insulation for Condensation Control in Unvented Attics. The climate zone for Estes Park is 5. The
minimum ridge board for zone 5 is R‐20. Every seam must be sealed or the vapor and moisture will
migrate through the seams and dry rot the roof deck. Every detail needs to be followed – you cannot
replace a vapor retarder with a vapor barrier. House wrap is water resistant but vapor permeable,
and you don’t want to trap water in the wall. When you do an EIFS, we don’t want the water getting
past the drainage plane, and the material used has to function properly. This will have an effect on
how the insulation package will be inspected.
Photovoltaic Shingles. If they can meet snow load, wind speeds, and wildfire hazard requirements,
they will be allowed.
Rooftop‐Mounted Photovoltaic Systems. These are very burdensome for firefighters. If there is a fire
in a structure with this type of system, firefighters are unable to fight the fire from the roof. Fire
Marshall Robinson stated there are a lot of buildings in the valley that firefighters are unable to access
the roof due to topographical issues, roof pitches, etc. There are a lot of safety concerns in regards to
roof‐mounted systems. The fire district is not looking at restrictions of these systems, they will just not
go on the roof to fight the fire if these panels are in place.
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 7
April 2, 2015
Board Room, Estes Park Town Hall
CBO Birchfield stated the next meeting will be discussion about the International Fuel Gas Code
(IFGC), and also the changes in the 2012 and 2015 IRC that deal with the gas code. If someone wants
to propose a change to the code, please put it in writing and he will review it with you to make sure he
understands your proposal.
Going back to the lateral deck stability change, Chair Spooner stated this stability is a problem, and he
is proposing having it tied to the joist system in the deck and tied to the frame below the floor system,
or into the concrete if there is a concrete wall. He is concerned about connection to the main building,
and thinks it is worth beefing up the attachments. There are also other ways of doing it.
PROPOSED LOCAL AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE
CBO Birchfield stated all the proposed local amendments are already amendments to the 2009 codes,
but they have to be revised in order to be adopted again.
Wind. CBO Birchfield stated discussions concerning wind and snow will occur at a later date. The
Structural Engineers Association of Colorado (SEAC) is hoping to have a snow load study out later in
2015, he would recommend putting this off until the study comes out. All wind and snow
amendments will need to be revised to align with new codes (air pressures, altitudes, etc.). He stated
the 2015 local amendments will have three wind maps. The revisions will not change the design
requirements for wind, just the way we talk about it.
Fire‐Resistant Construction. This amendment is no longer needed. The 2015 code now requires a two‐
hour wall.
Dwelling‐garage fire separation. CBO Birchfield reminded the Board the code is written as if all
buildings are sprinkled. The proposed amendment takes us where we used to be where the garage
needed to be rated with 5/8X gypsum board if it’s a certain distance from the adjacent structure. The
goal is to protect the house from the garage. This proposed amendment differs from Larimer County
requirements. 5/8X works if done right – it will provide more protection for the structure.
Under‐stair protection. Proposed local amendment to rate the stairwell with one hour material –
firefighters and occupants need the stairs for escape and rescue.
Ceiling height. Beams and girders can protrude down a little from the required ceiling height.
Emergency escape and rescue required. Amendment in the building code is now the same in the
residential code. Discusses the size of escape and rescue opening. Basements need an escape and
rescue opening. Firefighters cannot fight their way out of concrete, and need a certain amount of
space to enter and exit with their equipment on. This applies only to new construction.
Riser Height. Stair geometry will be measured when the finishes are on the stairs, not in the rough
stage. You cannot have a rise less than 4 inches or over 7 ¾ inches.
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 8
April 2, 2015
Board Room, Estes Park Town Hall
One‐ and two‐family automatic fire systems. 2009 amendment removed the requirement for
automatic sprinklers in single‐family dwellings. This applies to new construction only, unless the
structure is being substantially altered. The proposed amendment states if a system is installed,
certain standards apply. If this proposed local amendment does not go forward, every new home will
need to be sprinkled.
Address Numbers. Long driveways will require house numbers at the street. If they are not
illuminated, they must be reflective. Emergency responders must be able to see them in the dark.
Accessibility. If there is a building with four or more dwelling units, Federal and State accessibility laws
will apply.
Flood‐Resistant Construction. The proposed amendment would refer to floodplain regulations that are
already adopted in the Municipal Code. The current floodplain regulations state one (1) foot of
freeboard is required if you are building in the floodplain. This means the lowest floor in residential
buildings must be at least one foot above the Base Flood Elevation (BFE) (determined by an engineer).
Flood insurance premiums will be effected depending on the BFE. The state regulations for
commercial buildings require one foot of freeboard or be floodproofed. Residential requirements do
not allow floodproofing; they must be elevated. The local codes were amended a couple of years ago
to align with these state regulations.
Drainage. Surface drainage should not be diverted through a sewer system.
Wildfire Hazard Mitigation Requirements for New Construction. The Larimer County standards have
been adopted by reference. CBO Birchfield stated he and Fire Marshall Robinson will be reviewing the
Urban Wildland Interface Code, and will consider making additional recommendations to the Board
concerning wildfire hazards.
Geotechnical evaluation. Up to this point, the Town standards have been assuming a soil‐bearing
capacity of 4,000 pounds per square foot. Chair Spooner stated he recommends a soil‐bearing
capacity of 2,500 per square foot, which would require a slight increase in pier size. CBO Birchfield
stated if the standard was 2,500 it would provide more room to work with, since the pier would be
larger.
Footings. A section was added about how to design footings.
Frost Protection. This is for monolithic pours, mainly detached garages. This is the exception that
allows these pours without pouring a frost‐protected foundation. This local amendment allows the
use of the monolithic pour handout, allowing 12‐inch pour depth below grade.
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 9
April 2, 2015
Board Room, Estes Park Town Hall
Foundation anchorage. CBO Birchfield stated we can delete this proposed amendment and leave it up
to the engineer to design it properly.
Masonry walls will need engineering. All masonry walls will have to be engineered due to wind loads.
If you don’t want to use the handout provided for masonry walls, you will need to have it engineered.
Foundation drainage. Drains are required, unless the foundation design is engineered and stamped
showing a perimeter drain is not required.
Foundation Waterproofing. Foundation walls enclosing habitable spaces on the uphill side shall be
waterproofed when positive drainage is not provided. See the actual amendment for other details.
NOTE: CBO Birchfield stated if the code states “as determined by the building official”, this also
authorizes the building inspector and building permit technician to require waterproofing and/or
dampproofing.
Unvented crawl space. These are required to be ventilated while under construction.
Windows. Deleted the section concerning window guards. CBO Birchfield recommends keeping this
amendment, so the code will NOT require guards.
Roof Assemblies. The proposed local amendment would allow only class A roof assemblies or Class A
roofs in our wildfire hazard areas.
Ice barrier. Ice and water shield is required 2 feet inside the wall line of the roof. If less than a 4/12
pitch, the entire roof must be covered to prevent ice damming. There is recent history of ice damming
in Estes Park.
Reroofing. If replacing one square or less for maintenance/repair, the same class of covering can be
used. If replacing more than one square you are required to replace the covering with class A covering
(in wildfire hazard areas).
CBO Birchfield stated there will probably be a few other proposed local amendments depending on
public feedback.
PUBLIC COMMENT
Chair Spooner stated the process for adopting the 2015 codes will be going on for the rest of the year,
at least monthly. You have heard about the proposed changes, and what the current local
amendments are. The Board of Appeals needs the stakeholder’s opinions as to whether or not these
significant changes and local amendments will present construction problems that are worth
discussing. Written comments can be provided, or the public can speak at the meetings.
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 10
April 2, 2015
Board Room, Estes Park Town Hall
John Tormalehto/local builder wanted to know about access to proposed local amendments and
significant changes. CBO Birchfield stated the significant changes are proprietary, and he can check
out the books from the Division of Building Safety. Local amendments will be posted on the Town
website.
CBO Birchfield stated feedback from stakeholders is important. We want to make things as easy as
possible for the builders, but don’t know if it’s an issue in the field unless someone tell us. It is also
important to know that these proposed regulations are from the ICC, not the Division of Building
Safety. Once they are adopted by the elected officials, he is obligated to enforce ALL of the
regulations. He encouraged all stakeholders to participate in the discussions.
The next meeting will be Thursday, May 7, 2015 from 4 to 6 p.m. in the Town Hall Board Room.
There being no further business, the meeting was adjourned at 5:55 p.m.
___________________________________
John Spooner, Chair
___________________________________
Karen Thompson, Recording Secretary
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson
Date: May 12, 2015
RE: Liquor Licensing: Transfer of Ownership from Hess Enterprises, Inc., dba
HUNTERS CHOPHOUSE, to Lotus Global, Inc., dba HUNTERS
CHOPHOUSE, 1690 Big Thompson Avenue, Hotel & Restaurant Liquor
License.
Objective:
Transfer an existing liquor license located at 1690 Big Thompson Avenue to the
applicant, Lotus Global, Inc.
Present Situation:
A Hotel & Restaurant Liquor License is currently held at the location referenced above
by Hess Enterprises, Inc., dba HUNTERS CHOPHOUSE. The applicant is requesting a
transfer of the license and submitted a complete application to the Town Clerk’s office
on April 2, 2015. A temporary permit was issued on April 3, 2015. 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.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to Lotus Global, Inc., dba HUNTERS CHOPHOUSE.
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
Page 2
Action Recommended:
Approval to transfer the existing Hotel & Restaurant Liquor License to Lotus Global, Inc.
Budget:
The fee paid to the Town of Estes Park for the transfer of a Hotel & Restaurant Liquor
License 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 & 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 & Restaurant Liquor
License filed by Lotus Global, Inc., dba HUNTERS CHOPHOUSE.
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application and confirm the following:
The application was filed April 2, 2015 .
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:
X Unscheduled Completed Pending Confirmation
MOTION:
I move the Transfer Application filed by Lotus Global, Inc., doing business as
HUNTERS CHOPHOUSE for a Hotel & Restaurant Liquor License be approved/denied.
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Community Development Director
Date: May 12, 2015
RE: ORDINANCE #04-15, Rezoning from E-Estate to R-2 Two-Family
Residential, Lot 4, Twin View Resubdivision, 1650 Avalon Drive, Cindy
Younglund-Liddell & Robert Liddell/Applicant. Planner Kleisler.
Objective:
Conduct a public hearing to consider a rezoning application for compliance with the
Estes Valley Development Code (EVDC).
Present Situation:
Property History
In December 1999, the
Town Board voted to rezone
this property from R-1 One
and Two Family Residences
to E Estate single-family
residential. This rezoning
was part of a valley-wide
rezoning adopted with the
Estes Valley Development
Code. The old R-1 district
was removed from the
zoning code at that time.
This property is about ¾ of an acre in size and contains a single-family home with an
accessory living area.
Historical Use of Property
The applicant received a building permit in 1993 to convert a portion of the house for
use as a Bed and Breakfast (B&B). The applicant has operated a seasonal B&B at the
subject property since 1993. The B&B use was prohibited in the E Estate district in
2010, rendering the use of this property non-conforming.
While the applicant pays the Local Marketing District Tax for this property, a Town
permit for the B&B use has not been obtained; the applicant was unaware of the permit
requirement. Staff has thoroughly researched the historical B&B regulations and
E-1 E-Estate
R-2
R-2
RM
Site
recommended language in the proposed ordinance to acknowledge the non-conforming
status of the use. The applicant has agreed to obtain all necessary permits through the
Town Clerk’s Office.
Proposal:
Rezone the property from E Estate to R-2 Two-Family residential.
Advantages:
Approval would grant the property owner additional land use rights to convert the
single family dwelling into a duplex, thus adding to the local housing supply.
Disadvantages:
Approval would contradict the land use plan established with the 1996 Estes
Valley Comprehensive Plan and adopted by the Town Board in 1999.
Would allow the property to be converted into two vacation homes, which may
negatively impact the neighborhood.
Action Recommended:
On March 17, 2015, the Estes Valley Planning Commission voted unanimously 5-0 (two
absent) to recommend conditional approval of the rezoning to Town Board, subject to
the following conditions:
1. Compliance with memos from:
a. Upper Thompson Sanitation District email dated February 20, 2015
b. Estes Valley Fire Protection District memo dated January 27, 2014
Budget:
N/A
Level of Public Interest:
Low
Sample Motion:
I move to approve (or deny) Ordinance #04-15.
Attachments:
1. Ordinance #04-15
2. Planning Commission Report Packet
3. Planning Commission Minutes Excerpt
ORDINANCE NO. 04-15
AN ORDINANCE AMENDING
THE ESTES VALLEY DEVELOPMENT CODE
TO REZONE LOT 4 OF THE TWIN VIEW RESUBDIVISION
LOCATED AT 1650 AVALON DRIVE
WHEREAS, Lot 4 Twin View Resubdivision, located at 1650 Avalon Drive has
operated as a Bed and Breakfast since 1993;
WHEREAS, the Estes Valley Planning Commission has recommended rezoning
Lot 4 Twin View Resubdivision, located at 1650 Avalon Drive, from E Estate single-
family residential to R-2 Two-Family Residential; and
WHEREAS, the Board of Trustees of the Town of Estes Park has determined
that it is in the best interest of the Town that the recommended zoning change be
granted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The zoning Lot 4 Twin View Resubdivision, located at 1650 Avalon
Drive, shall be changed from E Estate single-family residential to R-2 Two-Family
Residential.
Section 2: The Town recognizes the longstanding use of this property as a Bed
and Breakfast and regards this property as nonconforming, in accordance with Chapter
Six of the Estes Valley Development Code, Nonconforming Uses, Structures and Lots.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS 12th DAY OF MAY, 2015.
TOWN OF ESTES PARK
_____________________________________
William Pinkham, Mayor
ATTEST:
_____________________________
Jackie Williamson, Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular
meeting of the Board of Trustees on the 12th day of May, 2015 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the
day of , 2015, all as required by the Statutes of the State of
Colorado.
Town Clerk
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 1
March 17, 2015
Board Room, Estes Park Town Hall
Commission: Chair Betty Hull, Commissioners Doug Klink, Nancy Hills, Steve Murphree,
Wendye Sykes, Russ Schneider, Sharry White
Attending: Chair Hull, Commissioners Klink, Hills, Murphree, Schneider, White
Also Attending: Director Alison Chilcott, Senior Planner Dave Shirk, Planner Phil Kleisler, Town
Board Liaison John Phipps, Larimer County Liaison Michael Whitley, Town
Attorney Greg White, and Recording Secretary Karen Thompson
Absent: Commissioners Sykes and Klink
Chair Hull called the meeting to order at 1:30 p.m. There were approximately 55 people in
attendance. Each Commissioner was introduced. Sharry White was welcomed as the recent
appointee by the Town Board to fill the vacancy on the Commission. 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
A. Approval of minutes, February 18, 2015 Planning Commission meeting.
It was moved and seconded (Hills/Schneider) to approve the consent agenda as presented and
the motion passed unanimously with two absent.
3. REZONING REQUEST, LOT 4, TWIN VIEW SUBDIVISION, 1650 Avalon Drive
Planner Shirk reviewed the staff report. The applicants, Robert Liddell and Cindy Youngland-
Liddell, requested to rezone their property from E–Estate to R-2–Two-Family Residential. The
property was zoned E–Estate as part of the overall rezoning process with the 1996 adoption of
the Estes Valley Comprehensive Plan. In this case, the property had been zoned for two-family
development since at least 1974. The change to E–Estate zoning occurred due to the existing
single-family dwelling on the property. Other parcels in the area were kept as two-family zoning
because they contained existing duplexes.
Planner Shirk stated in 1993, the applicant pulled a building permit for an interior remodel,
including a bedroom, toilet, small living area, and kitchenette. The use was designated as mother-
in-law living quarters, and did not qualify as an accessory dwelling unit due to the design. Thus,
when the rezoning occurred, the home was considered a single-family dwelling. Planner Shirk
stated if the rezoning is approved by the Town Board, and the applicant opts to convert this
remodeled area into a full dwelling unit, additional utility fees and building permits will be
required. Staff is recommending disapproval. Planning Commission is the recommending body,
with Town Board being the decision-making body, scheduled to be heard on April 28, 2015.
Planner Shirk stated the application was routed to all affected agencies and adjacent property
owners. Compliance with agency comments will be conditions of approval. Staff received three
letters of support for the rezoning.
Planner Shirk stated according to the Estes Valley Development (EVDC), the rezoning request shall
be reviewed by the Planning Commission and Town Board for compliance with the relevant
standards and criteria as follows:
1. The amendment is necessary to address changes in conditions in the areas affected;
Staff Finding: The neighborhood includes a mix of zoning districts. The applicant considers
this application a corrective rezoning to restore the previous two-family designation. Staff
considered the following in the review for a corrective rezoning:
a. The dwelling is a single-family dwelling unit, not a duplex. Building permit applications
to convert the dwelling to a duplex were not received; water tap fees for a duplex have
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 2
March 17, 2015
Board Room, Estes Park Town Hall
not been paid, and the Larimer County Assessor lists the property as a single-family
dwelling unit.
b. The property was rezoned from R-S residential to E–Estate in 2000, as part of the overall
rezoning of the Estes Valley. Because of the single-family dwelling features, this
property was assigned a single-family zoning designation. Nearby multi-family or duplex
properties were assigned the appropriate multi-family or duplex zoning designations.
c. EVDC Section 3.3.B.3 states that ‘within one year from the effective date of [the EVDC],
any property owner may apply for rezoning on the basis that an error in the original
zoning was made.’ This one year timeframe expired in 2001.
Planner Shirk stated because of these factors, staff did not consider this a corrective
rezoning.
2. The development plan, which the proposed amendment to the EVDC would allow, is
compatible and consistent with the policies and intent of the Comprehensive Plan and with
existing growth and development patterns in the Estes Valley;
Staff Finding: Based on the small-scale of the rezoning request, staff waived the
requirement for a development plan.
3. The Town, County or other relevant service providers shall have the ability to provide
adequate services and facilities that might be required if the application were approved;
Staff Finding: Utility providers have not expressed significant concerns about the rezoning
request. Upper Thompson Sanitation District noted additional plan investment fees would
be required for an additional dwelling unit or conversion of the existing accessory dwelling
area into a separate unit.
Staff Findings
1. The Planning Commission is the Recommending Body to the Town Board.
2. The proposed rezoning conflicts with the land use plan described in Chapter 4 of the Estes
Valley Comprehensive Plan.
3. Approval would be in conflict with the purposes and objectives of the EVDC.
4. The request is not a corrective rezoning.
5. Use of the structure as a two-family dwelling, including use of the accessory living area as
a vacation home, shall require compliance with applicable building codes.
6. Approval of the rezoning will not be materially detrimental to the public welfare or
injurious to other property in the neighborhood.
7. The amendment is not necessary to address changes in conditions in the areas affected.
8. The Town and other relevant service providers have the ability to provide adequate
services and facilities that might be required if the application is approved.
Planner Shirk stated staff recommended denial of the requested rezoning.
Staff and Commission Discussion
None.
Public Comment
Robert Liddell and Cindy Younglund-Liddell/applicants have lived in the area since the 1950s. The
two-family zone district appealed to them when they purchased the property. She stated the
remodel included a back entrance. In the winter, they remove “partitions” to open up the
mother-in-law quarters as part of the main home, and in the summer they put them up and use
the space as a rental. They were unaware of the rezoning until this past summer. She stated she
did not receive notice in the mail concerning the rezoning that occurred in 2000. The Liddell’s
have been using back portion of the home as a rental since 1994. She is requesting the two-family
zoning be re-established in order to continue renting the mother-in-law quarters.
Johanna Darden/Town resident has known the Liddells since 2006. She stated they have always
been very careful, law-abiding citizens, and are an asset to the community.
Public Comment closed.
Staff and Commission Discussion
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 3
March 17, 2015
Board Room, Estes Park Town Hall
Planner Shirk stated if approved, the applicants would be required to pay additional water and
sewer fees if they use the mother-in-law quarters as a second dwelling. Additionally, building
permits and associated fees would be required to comply with the building codes for a two-family
dwelling.
Town Attorney White stated the process to adopt the zoning changes began in 1992, with notices
being sent to all affected property owners. The mailing lists used were from the Larimer County
Tax Assessor’s database (still used today). While the system is not perfect, it is the best they have.
There were many public meetings and newspaper articles concerning the rezoning, and the public
had the opportunity to voice their opinion at that time. The Town of Estes Park and Larimer
County adopted the Comprehensive Plan in 1996, which detailed the land-use planning process
used to rezone properties. In late 1999, the Estes Valley Development Code was adopted. Prior to
the zoning changes, there were opportunities for property owners of proposed rezonings to meet
with Town staff and/or the Mayor to request the zoning not be changed. Additionally, property
owners had one year following the zoning changes to challenge the decision. In this case, the
Liddells did not come forward to request the zoning remain two-family residential. Staff
commented many properties in the immediate area were down-zoned from two family to single-
family, and the Liddell property was not singled out.
Conditions of Approval
1.Compliance with memos from:
a.Estes Park Community Development memo dated March 5, 2015
b.Upper Thompson Sanitation District email dated February 20, 2015
c.Estes Valley Fire Protection District memo dated January 27, 2015.
It was moved and seconded (Murphree/Schneider) to recommend approval to the Town Board
of the Rezoning request of Lot 4, Twin View Subdivision with the findings and conditions
recommended by staff and the motion passed unanimously with two absent.
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Pinkham
Estes Park Board of Trustees
Town Administrator Lancaster
From: Philip Kleisler, Planner II
Date: May 12, 2015
ORDINANCE #06-15, Estes Valley Development Code Amendment,
Section 4.4.B, Table 4-4: Permitted Uses, Non-Residential Zoning District.
Amendment to allow small-scale pet grooming in the CD-Commercial
Downtown zone district as an accessory use to pet-related retail
establishments. Planner Kleisler.
Objective:
Consideration of an ordinance amending the Estes Valley Development Code (EVDC)
to permit small-scale Animal Grooming in the Commercial Downtown District (CD).
Present Situation:
Animal Grooming includes the bathing and trimming services for small domestic animals
and short-term boarding (no more than 48 hours). Animal Grooming is only permitted in
the CO Commercial Outlying zone district. Because this grooming use is specifically
prohibited in the CD Commercial Downtown district it is not permitted as an accessory
use.
An owner of a downtown pet boutique store has approached Town staff with a request
to amend the EVDC to permit Animal Grooming as an accessory use in the CD district.
As outlined in the attached letter, this owner receives consistent requests for grooming
services throughout the summer, primarily after muddy day hikes.
The Planning Commission provided initial feedback about this proposal during the
March 17, 2015 hearing regarding numerous land use matters and on April 21st voted
unanimously to recommend approval of the proposed ordinance.
Town Board reviewed the proposed code amendment on April 28, 2015 and requested
that an ordinance be brought back to the Board for formal adoption.
The Board of County Commissioners are scheduled to consider this ordinance on May
18, 2015. The Commissioners did not express any concerns about the proposal during
a recent work session.
Page 2 of 3
Proposal:
The proposed code amendment allows the Animal Grooming in the Commercial
Downtown District with three restrictions:
1. Permitted as an accessory use only.
2. Service shall not exceed two (2) animals at any time.
Staff Comment: This restriction was intended to address the Board and
Commission’s preference to limit the grooming component of the business to
ensure a small capacity. The intent is to allow one animal being groomed, while
another is waiting to be picked up.
3. Shall not include Animal Boarding at any time.
Staff Comment: Similar to number two above, this restriction is intended to strictly
prohibit any Animal Boarding in the CD district. Staff expects the animals to be
crated for a brief period while waiting to be picked up.
Advantages:
Encourages a new type of downtown service not currently offered;
Dog-friendly amenities often strengthen the vibrancy of urban areas;
Such a service would bring some visitors downtown for several hours while their
pet is being groomed.
Disadvantages:
Downtown animal grooming may lead to some degree of land use conflicts. The
proposed regulations seek to limit such conflicts through operational restrictions.
The Animal Sales/Services zoning uses appear to have been established to limit
land use conflicts relating to noise. At this point no Animal Sales/Services uses
are permitted in the CD district. This code amendment may be in conflict with the
original intent of the Animal Sales/Services Use.
Action Recommended:
On April 21, 2015, the Estes Valley Planning Commission held a public hearing and
voted unanimously (6-0, one commissioner absent) to recommend APPROVAL of the
proposed code amendment, conditional to:
1. Amending bullet three in the code amendment to reflect the following:
“Shall not include Animal Boarding at any time.”
Page 3 of 3
Staff Comment: The Commission added “at any time” to the amendment.
2. Consideration of a local building code amendment for noise abatement.
Staff Comment: The Board of Appeals is examining the local amendments to the
upcoming 2015 International Building Code adoption. The Town Board could
add this to the Board of Appeals’ work plan for further examination.
Budget:
Legal notice, publication and codification fees are minimal ($300); and
Staff time.
Level of Public Interest
Low. A press release was published on April 7 and notecards were mailed to all
property owners within the CD district. Staff has received the following comments:
- A downtown business owner called to express concerns about potential noise
impacts of this use in the downtown core;
- A pet groomer called to speak against the code amendment. Specifically, the
owner believes that this use is unfair to other groomers in town who needed to be
located other commercial areas;
- Two owners of pet grooming/supply stores were contacted by staff. Each of
these owners expressed support for the code amendment, citing an expanded
tax base and the promotion of small business as the primary reasons.
Three (3) members of the public spoke in opposition to the request during the Planning
Commission meeting. All comments were provided by local owners of animal grooming
businesses. Many of the comments focused on unfair treatment, as most groomers are
required to be located in the Commercial Outlying district, which at times has been
difficult.
No comments have been received since the April 28th Board meeting.
Sample Motion:
I move to approve (or deny) Ordinance #06-15.
Attachment:
1. Ordinance
2. Request from business owner
3. EVDC Excerpts
4. Planning Commission report
5. Planning Commission Minutes
ORDINANCE NO. 06-15
AN ORDINANCE AMENDING THE
ESTES VALLEY DEVELOPMENT CODE RELATING
TO SMALL-SCALE PET GROOMING IN THE CD-COMMERCIAL
DOWNTOWN ZONE DISTRICT.
WHEREAS, the Estes Valley Planning Commission has recommended an amendment to the
Estes Valley Development Code, Section 4.4.B, Table 4-4: Permitted Uses, Non-Residential Zoning
District; and
WHEREAS, said amendments to the Estes Valley Development Code are set forth on Exhibit
“A” attached hereto and incorporated herein by this reference; and
WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the
best interest of the Town that the amendments to the Estes Valley Development Code, Section
4.4.B, Table 4-4: Permitted Uses, Non-Residential Zoning District; set forth on Exhibit “A” and
recommended for approval by the Estes Valley Planning Commission be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK, COLORADO:
Section 1: The Estes Valley Development Code shall be amended as more fully set forth
on Exhibit “A”.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO, THIS 12th DAY OF May, 2015.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting of the
Board of Trustees on the 12th day of May, 2015 and published in a newspaper of general
circulation in the Town of Estes Park, Colorado, on the ________ day of ,
2015, all as required by the Statutes of the State of Colorado.
Jackie Williamson, Town Clerk
Ordinance No. 06-15
Exhibit A
Use Classification
Specific
use
Nonresidential Zoning Districts
Additional Regulations
(Apply in All Districts
Unless Otherwise
Stated)
“P” = Permitted by Right
“S” = Permitted by Special Review
“–” = Prohibited
A A-1 CD CO O CH I-1
RESIDENTIAL USE CLASSIFICATIONS
Animal
Sales/Services
(cont'd)
Animal
Grooming – – P P – – –
In CD, such use:
Permitted as an
accessory use
only;
Shall not exceed
two (2) animals
at any time; and
Shall not include
Animal Boarding
at any time.
Animal
Hospital – – – P – – P
Animal
Retail Sales – – – P – – –
Animal
Shows/Sale
s
– – – P – P P §5.1.L
Veterinary
Office – – – P – – –
Deleted: –
From: Pam DeWitt [mailto:dewittpam@gmail.com]
Subject: Grooming
To Whom It May Concern:
I am a new business owner on Elkhorn Ave, called; Fur Babies a Pet Boutique. I would like to
offer a one table pet grooming, for tourist and locals. I was asked almost daily for pet grooming
during the summer months and at least once a week after the tourist rush. I want a high
standard, quality, environmentally sound grooming with; cleanliness a priority, one table-never
more than two dogs at one time and no cages. Here is a list of the benefits of offering grooming
down town:
·Demand-Tourist traveling and their pets are untrimmed/dirty. They come in with dogs
that are filthy from traveling, hiking or in the rivers and lakes. They want to drop off get
their dogs cleaned while they go shopping
·Shopping-While pets are being groomed or cleaned; owners can shop down town. Many
shops do not allow pets in their stores; this frees them up to shop or eat.
·Locals come in wanting a place to just drop off their pets’ quick, easy/conveniently. There
is a drop off parking space right out front for easy access.
Demand is there, need for quality grooming is there. This is a plus for downtown, something
quick/convenient, unique and adds variety to downtown, which shoppers are wanting. I have a
great response from many business owners and shoppers I have spoken too. I am not
competition for the other groomers; I am not full scale, nor could I handle anything large scale
to be any kind of competition. Besides, competition is not a bad thing, it makes businesses work
harder to be better and that is a win/win situation for patrons.
Thanks,
Pam DeWitt
Fur Babies
Request from business owner
4. Homeowner Association Required. All new townhome developments containing five
(5) or more dwelling units shall be required to establish a mandatory Homeowner
Association for the maintenance of common property (including private open areas)
within the development.
5. Attainable Housing. All developments in the R-1 District shall be subject to the
attainable housing limitations for rental and owner occupancy set forth in §11.4.C.
(Ord. 13-99 §D, 11/3/99; Ord. 18-01 ##13—15, 10/23/01; Ord. 2-02 §1, 2/12/02; Ord. 11-02 §1,
8/13/02; Ord. 18-02 #3, 12/10/02; Ord. 6-06 §1, 9/26/06; Ord. 25-07 §1, 11/27/07)
§ 4.4 NONRESIDENTIAL ZONING DISTRICTS
A. List of Districts/Specific Purposes.
1. Accommodations Zoning Districts.
a. A Accommodations/Highway Corridor Zoning District. This district implements the
“A-Accommodations” land use category set forth in the Comprehensive Plan. It
applies primarily in highway-oriented commercial areas of the Estes Valley, and
allows a wide variety of accommodation uses, including relatively higher-intensity
accommodations such as multi-story hotels and motels. A variety of related
tourist-serving retail and commercial uses, such as restaurants, bars and gift
shops, will be permitted, but only as accessory uses to a principal
accommodations use and only if such supporting uses are located inside the same
structure as the principal use. Stand-alone commercial or retail uses will not be
permitted in this accommodations district; instead, such uses may be developed in
the other commercial zones.
b. A-1 Accommodations/Low-Intensity Zoning District. This district implements the
“A-1-Accommodations” land use category set forth in the Comprehensive Plan.
This district provides for low-intensity and small-scale residential uses, low-
intensity accommodations and very limited accessory uses located along highway
and roadway corridors characterized by low-intensity residential and lodging uses,
including resort lodges, cabins and condominium developments. Aside from these
limited residential and accommodation uses, no new commercial development
shall be permitted in this district. New uses, including new accommodations, shall
be developed consistent in intensity, bulk and design with the low-scale, residential
character of this district.
2. Commercial Zoning Districts.
a. CD Downtown Commercial. This zone district is established to provide a wide
variety and relatively high intensity of retail and commercial services within
Downtown Estes Park to serve both residents and visitors. The CD District
implements the “CBD-Commercial Downtown” land use category set forth in the
Comprehensive Plan. This district is intended to encourage a predominance of
compact and pedestrian-scale retail, service and office uses in the Downtown
core. Residential uses, especially employee housing or when mixed with
commercial or retail uses, are also encouraged within the district to provide
alternative housing choices for the Valley’s workforce.
It is the intent that the Downtown maintain its function as the Valley’s focal point of
tourist shopping and entertainment activity. This area is also a key economic
Attachment 3: EVDC Excerpts
engine for the Town of Estes Park and the Valley; therefore, future sales-tax
generating uses are strongly encouraged.
It is also the intent of this district that new development develop in ways integrating
and even enhancing the qualities of the streams, rivers, topography and other
natural assets of the area.
b. CO Outlying Commercial Zoning District. This zoning district is established to
encourage the development of a wide variety of commercial and retail uses along
the major corridor entryways into the Valley and the Town of Estes Park. This
zoning district is established to implement the “Commercial” and “Commercial-
Recreation” future land use categories recommended in the Comprehensive Plan.
This district should accommodate the majority of the larger, freestanding
commercial and retail buildings to meet future demand in the community.
c. O Office Zoning District. This zoning district is established to implement the
“Office” future land use category recommended in the Comprehensive Plan. The
intensity of future office development will be controlled through district standards
setting forth a maximum floor area ratio (FAR) and building height maximum.
d. CH Heavy Commercial Zoning District. This zoning district is intended to provide
for heavy commercial uses, including vehicle repair services, construction trades
and bulk goods retailing. It shall be limited to areas within the Estes Valley that
already contain some of these types of heavy commercial uses, and shall not
include areas fronting the Valley’s highways or arterial streets. Permitted uses
shall include utility facilities and installations, repair services, bulk storage and
limited manufacturing. Most of these uses shall be permitted by right, but subject
to specific size limitations. Larger facilities shall be subject to special review.
3. Industrial Zoning Districts.
a. I-1 Restricted Industrial Zoning District. This zoning district implements the
“Restricted Industrial” land use category recommended in the Comprehensive
Plan. Permitted uses shall include a relatively wide variety of industrial uses, as
reflected in the existing mix of industrial land uses, including several
concrete/asphalt plants, propane distributors, construction trade yards and gravel
mining and crushing facilities. However, to discourage future conflicts, residential
uses shall not be permitted in this zoning district. An important element of
development in this industrial zone district shall be compliance with performance
standards to protect adjacent uses from adverse impacts of industrial
development.
B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts.
Table 4-4
Permitted Uses: Nonresidential Zoning Districts
Use Classification
Specific
use
Nonresidential Zoning Districts
Additional Regulations
(Apply in All Districts
Unless Otherwise
Stated)
“P” = Permitted by Right
“S” = Permitted by Special Review
“–” = Prohibited
A A-1 CD CO O CH I-1
RESIDENTIAL USE CLASSIFICATIONS
Attachment 3: EVDC Excerpts
resort lodge/cabin use may contain full kitchen facilities in lieu of “limited
kitchen facilities,” but only if such guest rooms comply with all conditions set
forth in §5.1.P of this Code.
3. Adult Businesses.
a. General Definition: Any facility or establishment that conducts as a principal use of
the premises, or as a significant or substantial adjunct to another use of the
premises, the sale, rental, display or other offering of live entertainment, dancing
or material that is distinguished or characterized by its emphasis on depicting,
exhibiting, describing or relating to specified sexual activities or specified
anatomical areas as an attraction to the premises.
b. Examples: Examples include, but are not limited to, the following specific types of
uses:
(1) Adult Bookstore: Any establishment that sells or rents adult material,
including but not limited to books, magazines, movies, films, slides or other
photographic or written material and/or devices.
(2) Adult Cabaret, Restaurant or other Business: A cabaret, restaurant or place
of business that features topless or bottomless dancers, waitresses, waiters
or entertainers.
(3) Adult Motion Picture Theater: Any theater in which the presentation of adult
material is the primary or principal attraction.
4. Animal Sales/Services.
a. General Definition: Any commercial facility or establishment that conducts as a
principal use of the premises the sale or boarding of animals, or the provision of
care, treatment or services for animals.
b. Examples: This classification includes the following types of specific uses:
(1) Animal Boarding: Provision of shelter and care for small or large animals on
a commercial basis. This use includes activities such as feeding, exercising,
grooming and incidental medical care.
(2) Animal Grooming: Provision of bathing and trimming services for small or
domestic animals only on a commercial basis. This use includes boarding of
domestic animals for a maximum period of forty-eight (48) hours.
(3) Animal Hospital: Establishments where small or domestic animals receive
medical and surgical diagnosis and treatment. This use includes only
facilities that are entirely enclosed, soundproofed and air-conditioned.
Grooming and temporary (no more than thirty [30] days) boarding of animals
is included if incidental to the hospital use.
(4) Animal Retail Sales: Retail sales and boarding of small or domestic animals
only, provided that such activities take place within an entirely enclosed
building. This use includes grooming if incidental to the retail use, and
boarding of animals not offered for sale for a maximum period of forty-eight
(48) hours.
(5) Animal Shows/Sales: Exhibitions of small/domestic or large animals for a
maximum of seven (7) days. This use includes animal sales.
Attachment 3: EVDC Excerpts
(6) Veterinary Office: Any facility maintained by or for the use of a licensed
veterinarian in the diagnosis, treatment and prevention of animal diseases.
Overnight care and boarding of small or domestic animals is permitted for up
to thirty (30) consecutive days within the interior of such facility.
5. Artist Studio. Work space for artists and artisans, including individuals practicing one
(1) of the fine arts or performing arts, or skilled in an applied art or craft.
6. Bank or Other Financial Institution. Establishments that provide retail banking
services, mortgage lending and similar financial services to individuals and businesses.
This classification includes those institutions engaged in the on-site circulation of cash
money and check-cashing facilities, but shall not include bail bond brokers. This
classification also includes Automated Teller Machines (ATM) located within a fully
enclosed space or building, or along an exterior building wall intended to serve walk-up
customers only.
7. Building Materials/Services. Retailing, wholesaling or rental of building supplies or
equipment. This classification includes lumber yards, building tool and equipment
sales or rental establishments, and building contractors’ yards, but excludes
establishments exclusively devoted to retail sales of paint and hardware and activities
classified under Vehicle/Equipment Sales and Service.
8. Business Services. Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising and mailing;
employment services; management and consulting services; protective services; office
equipment rental and leasing (e.g., photocopy machines); commercial research; photo
finishing; photocopying and printer services; and personal supply services.
9. Catering Service. Preparation and delivery of food and beverages for off-site
consumption without provision for on-site pickup or consumption. (See also
Eating/Drinking Establishments.)
10. Civic, Social or Fraternal Membership Clubs, Lodges or Associations. Meeting,
recreational or social facilities of a private or nonprofit organization primarily for use by
members or guests. This classification includes union halls, social clubs, youth
centers, and fraternal and veteran’s organizations.
11. Commercial Laundry. A business which launders and dry cleans clothing and other
fabric articles in bulk. Dry cleaning agencies are distinguished from commercial
laundries, the latter which perform dry cleaning of materials delivered to the premises
by persons or services other than the owner of the materials. See also Personal
Services.
12. Commercial Recreation or Entertainment Establishments, Indoor.
a. General Definition: A building or part of a building devoted to providing
amusement, entertainment or recreation for a fee, including movie theaters and
theatrical space for dramatic, musical or live performances, indoor pinball/video
arcades, bowling alleys, health clubs, aerobic exercise studios and including such
activities as billiards and pool, other table games and similar-scale amusements.
b. Examples: This use classification includes the following specific types of uses:
(1) Limited Commercial Recreation or Entertainment Establishments, Indoor:
Limited to the following indoor entertainment establishments only: Indoor
movie theaters and theatrical space for dramatic, musical or live
performances; indoor billiards, pool and other table games.
Attachment 3: EVDC Excerpts
COMMUNITY DEVELOPMENT Memo
To: Estes Valley Planning Commission
From: Philip Kleisler, Planner II
Date: April 21, 2015
RE: Estes Valley Development Code Amendment: Small-scale Animal
Grooming in the Commercial Downtown zone district
Objective:
Consideration of an amendment to the Estes Valley Development Code (EVDC) to
permit small-scale Animal Grooming in the Commercial Downtown District (CD).
Present Situation:
Animal Grooming includes the bathing and trimming services for small domestic animals
and short-term boarding (no more than 48 hours). Animal Grooming is only permitted in
the CO Commercial Outlying zone district. Because this grooming use is specifically
prohibited in the CD Commercial Downtown district it is not permitted as an accessory
use.
An owner of a downtown pet boutique store has approached Town staff with a request
to amend the EVDC to permit Animal Grooming as an accessory use in the CD district.
As outlined in the attached letter, this owner receives consistent requests for grooming
services throughout the summer, primarily after muddy day hikes.
The Planning Commission provided initial feedback about this proposal during the
March 17, 2015 hearing regarding numerous land use matters that are outlined below.
Town staff has taken the following actions throughout the past month:
Public Outreach
o To ensure adequate public involvement, a press release was published on
April 7, 2015 and individual mailings were sent to all property owners
within the CD district.
o Numerous pet-related businesses were contacted to explain the request
and receive initial feedback.
Page 2 of 5
Researched current laws about pet handling in public spaces
o Estes Park Municipal Code Section 7.06.040 requires that pet owners
remove “any dog or cat feces deposited by said dog or cat on public
sidewalks, right-of-way, street, parks or recreation areas.” This section
also specifies the same removal requirement for private properties.
Lastly, this section requires that any place where a dog or animal are kept
be clean and sanitary.
o Estes Park Municipal Code Section 7.12.040 requires that dogs and cats
be in control of their owner by either confinement (e.g. car, crate) or leash.
o Estes Park Municipal Code Section 7.12.120 establishes that it is unlawful
“for any person to keep or maintain any animal within the Town which
habitually or continually disturbs the peace and quiet of any individual or
neighborhood by barking, whining, howling or making any other noise.”
o The purpose of the CD district is to establish a “wide variety of relatively
high intensity of retail and commercial services within Downtown Estes
Park to serve both residents and visitors…The district is intended to
encourage a predominance of compact and pedestrian-scale retail,
service and office uses in the Downtown core.” The full purpose
statement is attached to this report.
o The Estes Valley Comprehensive Plan establishes community-wide
policies and specific neighborhood policies throughout the Valley. The
code amendment is consistent with the following objectives of the
Comprehensive Plan:
Community-wide policies 1.3: “Encourage existing and future
community commercial uses to located within a compact, well
defined downtown business district.” In order to provide any
grooming service at this time downtown businesses must relocate
to outlying commercial areas.
o Staff met with the Colorado Department of Agriculture, who administers
the Pet Animal Care and Facilities Act (PACFA). The PACFA Program is
a licensing inspection program dedicated to protecting the health and well-
being of those animals in pet care facilities. Staff at PACFA made several
comments:
Consider if the Town prefers a full service wash or a self -serve
wash.
Page 3 of 5
Staff does not recommend specifying if the business must be a full
service or self-serve wash. There are higher State permitting
standards for full service washes.
What prevents a dog from going out the front door?
Municipal Code Section 7.12.040 appears to address this concern.
Drains should catch hair.
The Estes Park Sanitation District reviews building permits for any
remodels to this type of business. During that review the District
requires that the owner install screens to catch hair. No concerns
were expressed by the District relating to this code amendment.
Proposal:
The proposed code amendment allows the Animal Grooming in the Commercial
Downtown District with three restrictions:
1. Permitted as an accessory use only.
2. Service shall not exceed two (2) animals at any time.
Staff Comment: This restriction was intended to address Board and
Commissioner’s preference to limit the grooming component of the business to
ensure a small capacity. The intent is to allow one animal being groomed, while
another is waiting to be picked up.
3. Shall not include Animal Boarding.
Staff Comment: Similar to number two above, this restriction is intended to strictly
prohibit any animal boarding in the CD district. Staff expects the animals to be
crated for a brief period while waiting to be picked up.
Advantages:
Encourages a new type of downtown service not currently offered;
Dog-friendly amenities often strengthen the vibrancy of urban areas;
Such a service would bring some visitors downtown for several hours while their
pet is being groomed.
Page 4 of 5
Disadvantages:
Downtown animal grooming may lead to some degree of land use conflicts. The
proposed regulations seek to limit such conflicts through operational restrictions.
The Animal Sales/Services zoning uses appear to have been established to limit
land use conflicts relating to noise. At this point no Animal Sales/Services uses
are permitted in the CD district. This code amendment may be in conflict with the
original intent of the Animal Sales/Services Use.
Action Recommended:
Town staff is providing a number of options for the Planning Commission to consider:
1. Recommendation of approval of the attached (or revised) code amendment to
the Town Board and Board of County Commissioners;
2. Recommendation of disapproval; or
3. Recommendation that this matter be considered with other possible code
amendments during the upcoming downtown master plan process. The master
planning process will begin this summer and be completed in the fall (October-
November).
Budget:
Legal notice, publication and codification fees are minimal ($300); and
Limited staff time.
Level of Public Interest
Low. A press release was published on April 7 and notecards were mailed to all
property owners within the CD district. Staff has received the following comments:
- A downtown business owner called to express concerns about potential noise
impacts of this use in the downtown core;
- A pet groomer called to speak against the code amendment. Specifically, the
owner believes that this use is unfair to other groomers in town who needed to be
located other commercial areas. This owner will likely provide written comments
to the Commission, though such comments were not receive by April 16th;
- Two owners of pet grooming/supply stores were contacted by staff. Each of
these owners expressed support for the code amendment, citing an expanded
tax base and the promotion of small business as the primary reasons .
Page 5 of 5
Attachment:
1. Request from business owner
2. Proposed code amendment
3. EVDC Excerpts
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 1
April 21, 2015
Board Room, Estes Park Town Hall
Commission: Chair Betty Hull, Vice‐Chair Doug Klink, Russ Schneider, Nancy Hills, Steve
Murphree, Wendye Sykes, and Sharry White
Attending: Chair Hull, Commissioners Schneider, Hills, White, Sykes, and Murphree
Also Attending: Community Development Director Alison Chilcott, Planner Phil Kleisler, Town
Board Liaison John Phipps, Larimer County Liaison Michael Whitley, and
Recording Secretary Karen Thompson
Absent: Commissioner Klink, Senior Planner Shirk
Chair Hull called the meeting to order at 1:30 p.m. There were approximately 6 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
A. Approval of minutes, March 17, 2015 Planning Commission meeting.
It was moved and seconded (Hills/White) to approve the consent agenda as presented and the
motion passed unanimously with one absent.
3. Chair Hull stated Riverview Pines Development Plan and Amended Plat was withdrawn by
applicant.
4. ESTES VALLEY DEVELOPMENT CODE AMENDMENT CONCERNING PET GROOMING IN THE CD–
COMMERCIAL DOWNTOWN ZONE DISTRICT
Planner Kleisler reviewed the staff report. Planner Kleisler stated several months ago, staff
received a request by a downtown business owner concerning a desire to have a dog‐grooming
business in the downtown area. In the Estes Valley Development Code, dog grooming businesses
are allowed only in the CO‐Commercial Outlying zone district. Staff approached the Town Board
at a past study session and was allowed to proceed with draft code language. Planning
Commission is the recommending body to the Town Board and the Larimer County Board of
County Commissioners.
He stated this code amendment was rather unique in that it would only apply to the CD–
Commercial Downtown zone district, and only as an accessory use to a pet‐related business. After
reviewing the draft code language, the Planning Commission may consider certain restrictions to
the scope of work allowed, including but not limited to the number of animals allowed in the
grooming area at one time, noise, etc. He stated noise is currently regulated by the Estes Park
Municipal Code, and enforced by the Estes Park Police Department. Staff found noise regulations
would be best left in the municipal code rather than adding an amendment to the development
code, with the main reason being the ability of the Police Department to issue citations at the
time of violation. The EVDC would need to follow a much longer process for violations. The State
Health Department also regulates animal‐related businesses, and all pet grooming businesses in
the Estes Valley must comply with those regulations. Planner Kleisler stated the sanitation
districts also have certain requirements for this type of business.
Planner Kleisler stated in addition to the legal notice, a press release was published, and notices
were mailed to all property owners in the CD zone district. Staff received valuable feedback from
other grooming businesses located in the Commercial Outlying zone district.
Planner Kleisler stated the proposed code amendment is basic and straight forward. It would
include a change to the use table in EVDC Chapter 4, Nonresidential Zoning Districts. The table
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 2
April 21, 2015
Board Room, Estes Park Town Hall
shows this use currently allowed in the CO–Commercial Outlying zone district. The change would
add “permitted by right” in the CD–Commercial Downtown zone district, as an accessory use to
pet‐related businesses. Additional restrictions include no more than two animals at one time, and
no animal boarding allowed. He made it clear no pet daycare would be allowed, only a small‐
scale grooming operation.
The Planning Commission could choose to recommend approval as written or revised with
additional (or less) language, recommend denial, or recommend putting this proposed
amendment on hold until the upcoming downtown neighborhood plan process is complete.
Director Chilcott added the newly funded downtown neighborhood plan most likely would not
reach this level of detail, and code changes such as this one would be given a lower priority than
other items such as traffic, parking, wayfinding, etc. This plan just received grant funding, and the
Request For Proposal (RFP) has not been written yet.
Staff and Commission Discussion
Commissioner Schneider stated he would like to see “at any time” added to the requirement for
no animal boarding.
Public Comment
Pam Dewitt/local business owner stated she owned a pet‐related business, and would like to have
a small, clean, organized, and dedicated space in the back of her store for pet grooming. She
indicated tourists have asked if she does grooming, as they would like to have their pets groomed
after a long day outdoors. Part of her business is animal photos, and grooming would enhance
that portion of her business, as well as bring in additional business. She stated animals will not be
boarded there, and estimates one dog grooming would take approximately one hour. The hours
of operation would probably be about 10:30 a.m. to 7:00 p.m. Her plans are to construct a
separate glassed‐in area specifically for the grooming area. Grooming hours would be the same as
the store hours.
Christine Kalencki/local resident was concerned about animal grooming being allowed in the
downtown area. Other groomers have been forced to locate outside of the downtown area;
several have left the Estes Valley, others have struggled. She thinks it is unfair to other dog
groomers in the Estes Valley to change the code to now allow grooming in the downtown area.
Groomers in Colorado are highly regulated for structure, safety, ventilation, etc. and inspectors
arrive on a regular basis to ensure compliance with state regulations.
Donna Elston/local resident had concerns whether the Estes Valley could support another
groomer. Noise can be an issue, whether you have one dog or ten. She suggested limiting the
number of groomers, so as not to stretch the industry too thin.
Michael Palmington/local resident stated at one time he considered moving his grooming
business from the Dry Gulch Road area to downtown, but was told it was not zoned properly, and
he was not allowed to open a grooming business in the CD zone district.
Staff and Commission Discussion
Will Birchfield, Chief Building Official, stated the adopted building codes address sound
transmission only for dwelling units such as hotel units, apartments, hallways in residential
buildings, etc. The codes do not regulate sound transmission controls for commercial businesses.
In the downtown area, if a ceiling was removed to try to abate noise, it could trigger the
requirement to install fire‐resistive construction in the entire building. The town has the ability to
require soundproofing either as a local amendment to the building codes or an amendment to
the development code.
Chair Hull clarified if this code amendment was approved, any pet‐related business downtown
could open a grooming operation as an accessory use if they complied with all other state and
local requirements. Commissioner White stated the number of animals allowed would be
enforced by the Code Compliance Officer, who could visit the store at any time. Enforcement
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 3
April 21, 2015
Board Room, Estes Park Town Hall
would also be complaint driven. Planner Kleisler added there are no proposed changes to the
current definition of animal boarding. Commissioner Schneider was concerned about the
potential noise, and wanted to be able to ensure noise mitigation was in place. Planner Kleisler
stated the Police Department had no specific comments concerning how they would address any
noise complaints. When there is a sound complaint, the sound meters are used at the property
line. The number of dogs allowed is enforceable due to the very specific number. If noise
abatement were added to the amendment, enforcement would have to follow the EVDC process
for code violations, which can be a rather lengthy process. Director Chilcott stated the
Commission could recommend an amendment to the building codes be considered to require
some noise mitigation. She added the Estes Park Board of Appeals is currently reviewing the 2015
International Building Codes with plans to adopt them, with local amendments, at the end of this
year.
It was moved and seconded (Schneider/Hills) to recommend approval of the amendment to the
Estes Valley Development Code to the Town Board and Larimer County Board of County
Commissioners the as described in the staff report, with the consideration of a local building
code amendment for noise abatement, and the words “at any time” be added to the table as it
relates to no boarding, and the motion passed unanimously with one absent.
Director Chilcott clarified if the Town Board approves this code amendment, they will also be
required to address a noise abatement amendment in the building code approval process.
ENGINEERING
Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Kevin Ash, PE, Public Works Engineering Manager
Greg Muhonen, PE, Public Works Director
Date: May 12, 2015
RE: Scott Ponds Natural Area Dam Modification: Hazard Classification
and Consulting Engineering Services
Present Situation:
As a result of the 2013 Flood, the east dam in the Scott Ponds system was breached.
Damage to the west dam also occurred. A FEMA Project Worksheet was completed on
the damage, and FEMA agreed to reimburse the Town for the time and materials
expenses to replace the fill material and pipeworks that were removed by the breach.
As a result of the breach, the State Dam Inspection Office visited the site multiple times
and gave the Town a written mandate to perform maintenance work on the west dam
and to have a State-compliant dam in place by November 2015. Preliminary estimates
indicate a cost of approximately $1,000,000 to bring the west dam up to current State
standards and mitigate the site damage created by the breach. The Town has applied
for CDBG-DR funds to complete this work. The State Office of Emergency
Management has retained a private consultant to perform an Environmental
Assessment of the anticipated repair work on the two dams. This environmental work is
scheduled to be complete by the end of July 2015. At that time, the Town anticipates
award of a grant that would fund construction and construction management services
for the required modification measures at both the east and west dams.
Proposal:
On April 9, 2015 the Public Works Department advertised a Request for Proposal that
focused on the following areas:
1. Provide a Hazard Classification Study that will determine the design parameters
for jurisdictional compliance with the State Engineer’s Office standards for dam
construction.
2. Develop conceptual designs for modification of the dams to reduce the hazard
classification of the dams and reduce the risk of damage to downstream
properties and infrastructure. Possible work includes but is not limited to
regrading of the east existing dam structure, installation of new outlet works
upgrade of the overflow channels (spillways) on the west dam, regrading and
revegetation of disturbed areas.
3. Obtain and respond to stakeholder review and comment.
Page 1 of 3
4. Finalize design concepts, develop construction drawings and construction
specifications to conform to the latest Rules and Regulations for Dam Safety and
Dam Construction. Issue the contract for construction services.
5. Oversee and manage the construction of the proposed dam modification work.
Four firms responded to the Request for Proposal. The review team included Public
Works Engineering Manager Kevin Ash, Town Planner Tina Kurtz and Town Consultant
Ginny McFarland rated each of these 4 firms to select the most qualified. Proposals
were rated on 10 categories:
1. Responsiveness to Schedule;
2. Project Examples;
3. Qualification of Staff Proposed;
4. Technical Approach;
5. Demonstrated Familiarity with Location;
6. Public Process Experience;
7. Budget Adherence;
8. References;
9. Proposal Presentation;
10. Completeness and Accuracy of Proposal;
11. Fee and Hours.
The following chart contains the ratings for each of the firms:
Firm Name City Ranking Design Fee CM Fee
Tetra Tech Inc. Fort Collins 1 (90) $235,082 $33,387
Cornerstone/Deere Ault Estes Park 2 (80) $204,494 $68,449
Matrix Design Group Denver 3 (75) $191,991 $67,419
Engineering Analytics Fort Collins 4 (65) $80,019 $12,000
Tetra Tech Inc. out of Fort Collins was the highest ranked firm out of the 10 review
categories, but also had the highest design fee (review category 11). The #2 ranked
firm, Cornerstone/Deere Ault, scored well in all categories but ranked lower than Tetra
Tech in Public Process Experience and lacked creativity with their project examples for
alternatives to a jurisdictional dam solution. Both Tetra Tech and the
Cornerstone/Deere Ault team were identified by the State Engineer’s Office as
consultants who they have had a high level of success with jurisdictional dam projects
and fully understand the State’s approval process. Cornerstone/Deere Ault
demonstrated a solid knowledge of the design issues and has experience working in the
Estes community. Their design team provided project experience that included several
successful dam restoration projects. They have completed several successful projects
in the area. The closeness in quality of the top 2 firms led us to consider the most
responsible fee as the determining factor. The Cornerstone/Deere Ault fee of $204,494
for design was most responsible.
A total project cost (including a 10% contingency) not to exceed $224,944 has been
determined.
Once final design is complete, bid documents for construction will be provided by
Cornerstone and a complete construction schedule will be delivered. The schedule
delivered in the RFP is to have construction underway by September 2015.
Advantages:
• Contract approval allows design work to commence immediately and provides a
construction ready-project that will be in compliance with the mandate of the
State Engineer’s Office.
• The State OEM office has dedicated a firm to perform the Environmental
Assessment of the project area.
• A recreational amenity in the community will be on a path to be restored.
Disadvantages:
• Currently there is no guarantee that the Town will be awarded the CDBG-DR
grant. Dedicating $224,944 for a design without having guaranteed construction
funding in hand has a risk factor associated with it.
Action Recommended by Staff:
To advance the Scott Ponds Natural Area Dam Modification Project and meet funding
requirement goals of a final project completion date of March 15, 2016, Staff
recommends awarding a design services contract to Cornerstone Engineering &
Surveying.
Budget:
This project will be funded from the Larimer County Open Space Fund. Currently there
is a $500,000 Capital line item within that fund that does not have a project attached to
it. The $224,944 design budget will come out of the Capital line item within that fund.
Level of Public Interest
Public Interest on this project is expected to be moderate. This project directly impacts
property owners surrounding the Scott Ponds Natural Area and has impacts to
downstream property owners, infrastructure along Fish Creek, and the nearby
community trail system.
Sample Motion:
I move for approval/denial of a professional services contract for the Scott Ponds
Natural Area Dam Modification: Hazard Classification and Consulting Engineering
Services for a cost not to exceed $204,494.
Attachments:
Contract
Exhibit A – Town Issued Request For Proposal
Exhibit A – Cornerstone and Associates Proposal (Includes Technical Approach,
Schedule and Fee)
PROFESSIONAL SERVICES CONTRACT
This Contract is entered into this 12th day of May, 2015, by and between the Town of
Estes Park, Colorado (“Town”) and Cornerstone Engineering and Surveying, Inc.(“Consultant”).
Whereas, the parties desire to contract with one another to complete the following project:
Scott Ponds Natural Area Dam Modification:
Hazard Classification and Consulting Engineering 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, 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 $204,494. 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 May 12, 2015 through December
31, 2016. 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.
Page 1 of 8
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. (Note: if under Colorado law the Consultant is
not required to carry workers’ compensation insurance, the
Consultant shall execute a Certificate of Exemption and Waiver,
attached hereto as Exhibit B and incorporated herein by reference.)
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
Page 2 of 8
officers, employees, and agents by reason of negligence of the Contractor,
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
Page 3 of 8
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.
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
Page 4 of 8
receiving the notice required pursuant to this subparagraph the
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. 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:
Kevin Ash, PE Mike Todd, PE
Public Works Engineering Manager Principal
Town of Estes Park Cornerstone Engineering & Surveying, Inc.
170 MacGregor Avenue 1692 Big Thompson Ave, Suite 200
Estes Park, CO 80517 Estes Park, CO 80517
Email: kash@estes.org Email: mtodd@ces-ccc.com
Page 5 of 8
13. Special Provisions.
The Contract work shall be completed according to the following schedule unless
otherwise modified in writing with a subsequent Amendment to this Contract.
Task Description Dates Responsible
Party
Notice to Proceed May 13, 2015 Town
Hazard Classification May 13, 2015-June 3, 2015 CES
Conceptual Design May 25, 2015-July 1, 2015 CES
NEPA Study May 1, 2015-July 31, 2015 Town
Engineering Design 30% Complete June 4, 2015–July 17, 2015 CES & Town
Engineering Design 90% Complete July 6, 2015–August 9, 2015 CES & Town
Final Construction Plan Approval August 14, 2015 Town
Construction Bid Opening September 21, 2015 CES/Town
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.
Page 6 of 8
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.
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
Page 7 of 8
EXHIBIT A
Town Issued Request For Proposal
Scott Ponds Natural Area Dam Modification:
Hazard Classification & Consulting Engineering Services
Submitted Proposal:
Cornerstone Engineering & Surveying, Inc.
Page 8 of 8
\\\
Request for Proposal (RFP)
Scott Ponds Natural Area Dam Modification:
Hazard Classification and Consulting Engineering Services
Date: April 9, 2015
Prepared by: Town of Estes Park, Department of Public Works
Proposals must be received and stamped on or before April 30, 2015 at 3:00 pm at this location:
Kevin Ash, P.E., Dept. of Public Works, Town of Estes Park
170 MacGregor Avenue
Estes Park, CO 80517
(970) 577-3586
Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services
Town of Estes Park, Department of Public Works - April 9, 2015
Table of Contents
1.0 SOLICITATION OVERVIEW........................................................................................................ 1
2.0 SUMMARY OF OPPORTUNITY ................................................................................................. 1
2.1 Purpose .......................................................................................................................................... 1
2.2 Expected Result .............................................................................................................................. 2
2.3 Award ............................................................................................................................................. 2
2.4 Project Background......................................................................................................................... 3
3.0 SCOPE OF SERVICES REQUIRED .............................................................................................. 4
3.1 Scope Refinement by Consultant.................................................................................................... 4
3.2 NEPA Analysis and Compliance Development................................................................................ 5
3.3 Engineering Services....................................................................................................................... 5
3.3.1 Research and Pre-Design Documentation...................................................................................... 5
3.3.2 Reference Documents..................................................................................................................... 7
3.3.3 Data Collection and Presentation and Conceptual Design............................................................. 8
3.3.4 30% Engineering Design Documentation…….................................................................................. 9
3.3.5 Permitting…………………………………………….…….................................................................................. 9
3.3.6 90% Engineering Design Documentation……................................................................................ 10
3.3.7 Final Engineering Design Documentation..................................................................................... 11
3.3.7.1 Final Utility Agreements............................................……………………………………............................. 11
3.3.7.2 Final Plans...................................................................……………………………………………………........... 11
3.3.7.3 Specifications and Cost Estimate.................................................................................................. 12
3.3.7.4 Construction Contract Documents............................................................................................... 12
3.3.7.5 Bid Phase and Construction Administration................................................................................. 12
Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services
Town of Estes Park, Department of Public Works - April 9, 2015
3.3.8 Supplemental Consultant Guidelines........................................................................................... 12
3.3.9 Technical Support......................................……………………………………............................................. 13
3.3.10 Schedule and Execution......................…………………………………….................................................... 14
4.0 PREPARATION OF PROPOSALS – INSTRUCTIONS TO CONSULTANTS....................................... 15
4.1 Communications While Preparing Proposals................................................................................ 15
4.2 Proposed Project Schedule........................................................................................................... 15
4.3 PROPOSALS ......................................................…………………......................................................... 16
4.3.1 Submittal of Proposals ................................................................................................................. 16
4.3.2 Proposal Contents ....................……………………………………………………………………............................. 17
4.3.2.1 Letter of Transmittal..................……………………………………………………………………….......................... 18
4.3.2.2 Project Team Qualifications…………………………………………………………………………..………………………… 18
4.3.2.3 Technical Approach and Schedule………………………………….……………………………..…………….…….……. 19
4.3.2.4 Rate Schedule and Consultant’s Fees ……………………………………………………………………………………… 20
5.0 PROPOSAL EVALUATION........................................................................................................ 21
5.1 Proposal Evaluation Criteria ......................................................................................................... 21
6.0 CONTRACT, TERMS AND CONDITIONS................................................................................... 23
6.1 Contract Formation......................................................………………………………..…........................... 23
6.2 Solicitation Amendments......................................………………………………….................................... 23
6.3 Incorporation of Documents......................................................................................................... 23
6.4 Right to Cancel..................................................................................…………………......................... 23
6.5 Commencement.....................................................................................…………………................... 23
6.6 Variation from Request for Proposal............................................................................................ 24
6.7 State of Colorado Licenses............................................................................................................ 24
6.8 Insurance...................................................................................................................................... 24
Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services
Town of Estes Park, Department of Public Works - April 9, 2015
6.9 References and Conflict of Interest Inquiry.................................................................................. 24
6.10 Project Interfacing ........................................................................................................................ 24
6.11 Project Documentation and Deliverables..................................................................................... 25
6.12 Fees and Payment ........................................................................................................................ 26
6.13 Sub-consultants ............................................................................................................................ 26
6.14 Financial Capabilities .................................................................................................................... 26
6.15 Conflicts of Interest....................................................................................................................... 27
6.16 Handling of Information................................................................................................................ 27
EXHIBIT A: Acceptance of Conditions Statement & Attestation of Interests
EXHIBIT B: Consultant’s Personnel and Sub-consultant’s Listing
EXHIBIT C: Statement Regarding Illegal Aliens
EXHIBIT D: Reference Authorization and Release Form
EXHIBIT E: NEPA Financial Disclosure Statement
EXHIBIT F: Federally Required Clauses – For Design Professionals
EXHIBIT G: Federally Required Clauses – For Construction
EXHIBIT H: Sample Draft Contract – Town of Estes Park
Page 1 of 27
1.0 SOLICITATION OVERVIEW
The Town of Estes Park, Colorado (the “Town”) is soliciting proposals for the Scott Ponds Natural Area
Dam Modification, envisioned as redesign and reconstruction of at least one dam and the adjacent
drainage and natural area. Engineering Services for data collection, hazard classification and design of
dam and natural area, and coordination with National Environmental Policy Act (NEPA) documentation
(separate entity, AEGIS will perform the documentation) are required, as well as construction
administrative services for a fast paced construction project.
It is expected that FEMA and CDGB-DR funds will be used for this project. The Town is the lead agency
on this project, however, Colorado Division of Homeland Security and Emergency Management and
Department of Local Affairs (DOLA) are instrumental partners in this project. Please note immediate
commencement of work, completion of construction, and all grant documentation, by March 15, 2016
requirement.
2.0 SUMMARY OF OPPORTUNITY
2.1 Purpose
Please note: The project timeline/works schedule is aggressive due to the directive placed on the Town
by the Division of Water Resources - State Engineer’s Office – Dam Safety Engineer and grant funding
requirements. Inspection reports completed after the dam failure in September 2013 indicate a need for
required engineering Action Plan in place for compliance with State dam standards by a deadline of
November 2015 and funding source requirements impose a strict requirement to have a complete,
constructed project by February 15, 2016.
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The purpose of this solicitation is to establish a contract with a Third Party Contractor/Applicant
(“Consultant”) for:
A. Assessment of Flood Hazards and development of Hazards Risk Assessment.
B. Coordination with required NEPA documentation.
C. Consulting Engineering Services for conceptual design, design development and final design of Scott
Ponds Natural Area, including Dam as recommended in Hazard Risk Assessment.
D. Construction Administration and Grant Documentation requirements.
E. Establish a fee table for potential additional services. Provide either a fee for added scope
(preferred method) based on foreseeable tasks or an hourly rate with time estimate to provide any
potential additional services.
2.2 Expected Result
The Town of Estes Park seeks to acquire consultant services and expertise that best meet the Town of
Estes Park’s needs and offers best value.
2.3 Award
Only one successful applying Consultant will be identified via this procurement and only one Contract
will be awarded.
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2.4 Project Background
Prior to the 2013 Flood Event in Estes Park, the Scott Ponds Natural Area (SPNA) consisted of a drainage
area with wet meadows upstream of two excavated ponds, impounded by two earthen dams. During
the September 2013 flood, the east dam was breached due to the flood waters and the west dam
suffered significant damage which contributed to downstream Fish Creek corridor property and
infrastructure damage. The goal of the Scott Pond dams Modification project is to reduce hazards to
downstream properties and infrastructure – while providing a community amenity that supports
outdoor recreation, environmental quality and wildlife interaction. It will preserve recreational activities
and wildlife habitat, and ponds that have supplied water to fire-fighting efforts in this part of the Estes
community.
The following statements from John Batka, P.E., Dam Safety Engineer for DWR, from a letter to Frank
Lancaster, Town Administrator for Estes Park, dated March 11, 2015, summarize the damage to the two
dams:
“During the September 2013 flood, the Lower Carriage Hills dam failed and the Upper Carriage Hills Dam
was significantly damaged as a result of the overtopping and spillway flow occurring from this rain
event. The Upper Dam did survive this flood, but after evaluation, problems were noted that could
threaten the safety of the dam during future rain events. Of the deficiencies noted, the most significant
is repair of flood related erosion on the downstream slope, modification of the existing outlet structure
so the reservoir can be lowered for maintenance and emergency situations, and design of an emergency
spillway that complies with current dam safety rules to prevent the damage and the near failure
experienced during the 2013 flood from happening again. The Carriage Hills Dams are a significant
amenity for the residence of Estes Park but can also pose a risk to the public living downstream if not
properly designed and maintained.”
Also from Mr. Batka’s letter, “The State Engineer’s Office has been working with the Town and has
imposed a deadline of November 2015 for implementation of a plan to address these deficiencies and
improve the safety of the dam.” [Note: Upper Carriage Hills Dam is referred to in this document as the
West Dam and Lower Carriage Hills Dam is referred to in this document as the East Dam.]
The Scott Ponds Natural Area Dam Modification Project supports ideals that are key to Estes Park
residents and why they live here: outdoor recreation, environmental quality, wildlife interaction, natural
resources.
The Scott Ponds Natural Area is known for its environmental benefit to the community. The dams
provide a setting that is attractive to many species of wildlife. The opportunity for people to interact
with nature in a positive manner is enhanced by a body of water that is created by dams. Beavers, fish,
birds, elk and many other wildlife are all very active in the area. The Town of Estes Park is committed to
environmental quality and has directed Town Staff to pursue options to keep its property in a condition
that is an amenity to the community.
Overall, the modification of the Scott Pond dams will contribute greatly to the resiliency of the Fish
Creek corridor and the entire Estes Valley area by preparing for the next flood event. The modification
of the dams will be a step forward in addressing resiliency to future flood events.
Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services
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3.0 SCOPE OF SERVICES REQUIRED
This project involves modification of the Scott Pond dams within the Carriage Hills Development in the
Town of Estes Park. Modification of the dams will reduce the hazard classification of the dams and
reduce the risk of damage to downstream properties and infrastructure.
The Consultant will work with the State Engineers Office to develop conceptual designs that will be in
compliance with current standards for dam construction. Possible work involved includes but is not
limited to regrading of the east existing dam structure, installation of new outlet works upgrade
of the overflow channels (spillways) on the west dam, regrading and revegetation of disturbed
areas.
Preliminary and Final Engineering plans will be developed concurrently with an environmental study (by
others. Bid documents for construction will be developed and a contract issued for construction
services.
Following stakeholder review and comment, final analysis and design will be conducted to respond to
comments as directed and finalize design concepts, then develop construction documents to include a
construction drawing set and construction specifications. The submittals will be a 30% complete set,
90% review set and then a Final (100%) set. Plans and specifications will conform to the latest Rules and
Regulations for Dam Safety and Dam Construction.
The project does not include any properties currently located in a floodway or regulatory floodplain. At
this time there is no known significant environmental, historic, or cultural feature affected by the
project. This will be determined during the environmental assessment completed by others (with
support from consultant proposing on this project) at the beginning of the project.
Potential additional services are to be outlined with fee for any potential additional documentation.
Additional project information is available at www.estes.org/RFP
Kick-Off Meeting: The Consultant must conduct a meeting with Town of Estes Park Staff and other
Stakeholders to introduce the project team and discuss project goals immediately following issuance
of Notice to Proceed. Project Schedule must be maintained. Construction and Grant Documentation
of Project must be completed by March 15, 2016, or grant funding is jeopardized and lost.
3.1 Scope Refinement by Consultant
1. Consultant shall review NEPA documentation and project site and resources to be investigated
and confirm coordination with NEPA compliance.
2. In addition to NEPA compliance and permitting, Consultant will establish all additional federal,
state and local permits required for design and pre-construction of this project.
3. Consultant will submit a final consolidated list of these permits with due dates and order of
sequence to the Town of Estes Park for review and approval.
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4. Consultant shall recommend any adjustments necessary for the scope of work outlined in this
request for proposal for Town of Estes Park approval. Services required for these adjustments
are to be included as part of original proposal.
3.2 NEPA Analysis and Compliance Development
Consultant to this proposal will not provide NEPA documentation (additional consultant will be
responsible for NEPA documentation), however, Consultant to this proposal will need to coordinate and
provide survey, design and other data required for completion of NEPA documentation. NEPA
documentation will occur partially concurrently (general work) and partially following (place specific
work) Conceptual Design. All portions of the work designed with or constructed with federal funding (all
portions of this work) will require NEPA analysis and permitting.
No significant environmental impacts are anticipated as a result of this project. It is intended that
identified impacts will be offset with implementation of appropriate mitigation measures or best
management practices.
3.3 Engineering Services
Engineering Services will include research, survey and engineering design through construction
documentation work, public process facilitation and presentation to Town Staff and Administration at
Town Board meetings.
All Design deliverables will be delivered as:
Up to Five (5) Hard copy Full sized Sets (24 x 36) – confirm necessity for each submittal
Three (3)Hard Copy 11x 17 Sets
One (1) electronic PDF Set
One (1) Set of Electronic CAD or modeling files for use by Town of Estes Park.
3.3.1 Research and Pre-Design Documentation:
For Reference: Scott Ponds Natural Area Dam Modification Project coordinates: 40.34852, -105.52178
(decimal degrees), directly adjacent to and north of the properties between 1120 Lakeshore Drive –
1200 Lakeshore Drive, Estes Park, CO 80517.
Information gathering from various Town Departments, including Public Works, Utilities, Community
Development and Administrative Services will be required. Some of these documents already collected
include previous Scott Ponds Studies which should be considered with input from Town Staff.
Consultant will familiarize themselves with and confer with the Town on applicability of information
contained in:
Town of Estes Park SPNA Restoration Objectives – 2015 Fish Creek Master Plan for Resiliency
The Plan outlines resiliency strategies that this project addresses, in particular: (1) Resiliency requires
understanding the river and working with river processes; (2) Planning should fully accommodate the
complexities of river systems and inter-relationships between roads, homes, and infrastructure; and (3)
A broad range of public, private and non-profit stakeholders and widespread outreach and education is
Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services
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necessary to garner public support. In addition, the information garnered from this project will directly
align with the following goals of the Plan:
Create strategies to reduce the impact of future flooding and geomorphic hazards on the community of
Estes Park and its economy.
1. The resiliency idea for the Scott Ponds Natural Area is a return to the beaver dominated riparian
corridor that existed prior to dam installations. This is a multiple benefits project with goals to be a:
• High quality, connected wildlife habitat corridor, including raptor habitat
• High quality recreational corridor with opportunities including hiking, exploring, birding, and fishing
(both fishable ponds and riverine fishing)
• Natural aesthetic community open space corridor that improves property values
• Reduced risk environment
2. The numbers and sizes of pond types (fishable, large beaver, small beaver) will be determined as part
of detailed analysis and design phases. Fishable ponds will additionally consider hunting needs of raptor
species.
3. All ponds are intended to have freshening flows for fishery health and to reduce areas of stagnant
water to reduce the potential for concentrated mosquito populations. Options for freshening flows for
in-channel pond or off-channel pond systems will be evaluated as part of detailed analysis and design
phases, which will also include permitting considerations. Note that permitting under Section 404 of the
Clean Water Act is expected to be more complex for in-channel pond systems.
4. Examples of in-channel pond systems and off-channel pond systems are included in these resiliency
ideas, as noted on the maps.
5. The Scott Ponds corridor is understood to have intermittent surface flow and a high groundwater
table, factors which will be evaluated as part of detailed analysis and design phases.
Given the above negative consequences from the severely below standard dams, it is imperative that it
be replaced to increase the resiliency of the Town of Estes Park for future flood events.
The general purposes, including the intended outcomes and objectives, of the dams modification project
are:
1. Reduce future flood risk in Fish Creek corridor downstream of the Scott Ponds Natural Area.
3. Enable individuals and the community to recover more rapidly from future flood events.
4. Lessen the financial impact of flooding, i.e., reduce the risk of repetitive losses from flooding in the
Fish Creek corridor.
5. Protect the safety and well-being of the citizens of the Estes Valley area and visitors.
6. Accomplish flood protection while retaining a recreational riparian area for the community.
7. Increase resiliency of the dams, and thereby the Town, by designing and building it to current State
standards.
Town of Estes Park Floodplain Management Regulations: The Estes Town Board of Trustees
unanimously supported and adopted interim floodplain regulations after the September 2013 flood.
Those regulations allow the Floodplain Manager to use best available data for regulatory purposes. The
Town is currently regulating to a higher standard than the current Flood Insurance Study. The Scott Pond
dams modification will be designed best available data; the same data being used by the State (CDOT
and CWCB).
Northern Colorado Hazard Mitigation Plan: General flood hazard mitigation goals and action items
addressed by each community include, but are not limited to:
1. Review and adjust floodplain areas as necessary.
2. Increase the ability to safely divert storm water.
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3. Increase the ability to contain the flow of rivers and streams within their banks.
Estes Valley Watershed Coalition (EVWC), formed as a result of the master planning process, will be a
lead partner with the Town for continued engagement, coordination, and education.
The following relevant information will be made available from the Dept. of Community
Development:
GIS Information (extensive): includes pre-and post-flood imagery, September 2013 high water
marks flood data collected by ICON Engineering and Brian Varrella City of Fort Collins Floodplain
Manager, FEMA floodplain maps, drainage basins, geo-referenced property damage images,
river channel migrations, erosion due to the flood, wildfire hazards, geologic hazards, National
Wetland Inventory mapped wetlands, and wildlife habitat (elk, deer, big horn sheep, mountain
lions, etc).
Flood Studies: Flood Insurance Study which included hydraulic analysis of Fall River conducted
in 1985 after the Lawn Lake Flood; study approved by FEMA. Flood Insurance Rate Maps
(FIRMS) updated in 2006. The detailed study for the Town includes BFEs and delineated
floodways, making the Town a (d) community in the NFIP.
Flood Documentation: Extensive video taken by Floodplain Manager / Chief Building Official
Will Birchfield during and immediately following the flood- September 12 and 13.
Estes Valley Habitat Assessment: Narrative which includes specific detail about and maps which
show the locations of: Vegetation communities, sensitive resources- wetlands, riparian
vegetation, wildlife habitat- sheep, elk, deer, migratory bird habitat, deer/elk corridors,
herbaceous uplands moraines, shrubs and juniper. Created in 2008.
Estes Valley Development Code: Section 7.6 Wetlands and Stream Corridor Protection.
Requirements and standards that are which are intended to promote, preserve and enhance
the important hydrologic, biological, ecological, aesthetic, recreational and educational
functions that stream and river corridors, associated riparian areas and wetlands provide.
3.3.2 Reference Documents
Consultant will need to ensure that work is in compliance with:
A. Estes Valley Comprehensive Plan
B. Estes Valley Development Code
C. All other applicable adopted Local, State or Federal Codes and Standards including Federal
ADA requirements
D. Drainage and Flood Control / Storm Drainage Criteria Manual
E. CDOT Roadway Design Guide: Ch. 14: Bicycle and Pedestrian Facilities
F. For Design and Construction Documentation including Specifications: State of Colorado,
Department of Natural Resources, Division of Water Resources, Office of the State Engineer,
Dam Safety Branch, RULES AND REGULATIONS FOR DAM SAFETY AND CONSTRUCTION – 2-
CCR 402-1
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Where discrepancy or conflict exists between any of these requirements, the more stringent, as
interpreted by the Town of Estes Park and associated regulatory agencies, shall apply.
3.3.3 Data Collection and Presentation and Conceptual Design
Additional data will be collected as identified in the Fish Creek Master Plan report and/or as
determined to be necessary during office- and field-level assessments. The Engineering design will
coordinate directly with the State Engineer’s Office to expedite review and revisions to meet current
standards.
Additional data collection will be integrated into a detailed assessment of current conditions. The
additional data collection is expected to include, but not be limited to cross sectional, profile, and
topographic survey, geotechnical investigation and analysis, pebble counts, and office-level
estimation of limits of jurisdictional waters of the U.S. in the project reach to support required
permitting and authorizations.
A. Hazard Classification: establishment of data required for Hazard Classification and location and
limits of impact, in concurrence with State Engineer Office.
The first phase will entail a hazard classification study and detailed engineering analysis and design
to address the current unknown impact to downstream properties and infrastructure. A dam breach
analysis will be completed to determine what the impacts will be should a large impounded volume
of water be released at one time. The resulting downstream impacts will determine the hazard risk
classification of the dam (low, medium or high). This classification will factor into the modification
measures that are designed into the modification of the dams.
B. “Best Response to Hazard Mitigation” Proposal: Assessment of the existing conditions for
reasonable build potential will need to be conducted at the outset of conceptual design.
Identification of challenging areas to be made prior to conceptual design. A map of identified issues
is to be produced and delivered to Town. At least two (conceptual) designs must be proposed,
which in Consultant’s opinion, will be within project budget . Only one conceptual design will be
selected for design development and final design within the scope of this project.
C. Pre-Design Surveys: To the extent necessary to inform and facilitate parts A. and B., above, the
Consultant will need to perform project design surveys using conventional field surveying methods
encompassing the necessary project area.
D. Conceptual Estimate of Cost: Provide Conceptual Cost Estimate for two (2) selected Conceptual
Design approaches. Include consideration for the following:
Equipment Mobilization and Site Clean up
Bank Slope Preparation
Rock/Material Placement
Site Clean-up and Stabilization
E. Provide the Following Design Direction and Documentation:
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a. Hazard Classification Report
b. Hydrology Report
c. Geotechnical Report
d. Design Report
e. Instrumentation Plan
f. Right-Of-Way, Easements and Property Ownership Report
g. Survey
h. Drainage Report (integrated with Dam Hydrology Report)
i. Utilities Report
j. Traffic Engineering Report
k. Landscaping and Irrigation (accommodation only) and/or Re-vegetation
l. Recorded Public Comment from Public Presentation
3.3.4 30% Engineering Design Documentation
Consultant will need to provide Preliminary 30% Design Plans. Using selected Conceptual Design
accepted by Town Staff, develop additional topographic surveys, geotechnical investigations, soil
borings, hydrologic analysis, hydraulic analysis, utility locations, utility engineering, material type and
quantity estimates, grading plans, geometric alignment, retaining wall design, design exceptions, storm
sewer design (plan & profile), demolition and relocation, preliminary traffic control plans, property
easement acquisition etc. to confirm and develop dam and natural are Develop submittal for
Development Review package for Town of Estes Park Dept. of Community Development approval.
A. Title Sheet, Project Data, Plans Index
B. Typical Sections and General Notes
C. Summary of Approximate Quantities
D. Appropriate Individual Quantities Tabulation
E. Outline Specifications
F. Preliminary Cost Estimate
G. ROW Ownership Map
H. Preliminary Traffic Control Plan
I. Preliminary Right-of-Way and Easement Requirements
J. Landscaping and Restoration Plans and Strategies
K. Preparation of the preliminary plans for the Public Meeting.
L. Resolution of concerns raised during the Public Meeting.
M. Preparation and distribution of the minutes from the meeting.
N. Revisions to the preliminary plans to reflect comments from the Public Meeting.
O. Complete a Noxious Weeds Survey
P. Plan for dealing with sensitive environmental issues and protected species
Q. Recorded Public Comments from Public Presentation
3.3.5 Permitting
Required permits include but are not limited to:
Federal Permits: (1) Section 404 of the Clean Water Act Authorization by the U.S. Army Corps of
Engineers (USACE); (2) Section 404 to include threatened and endangered (T&E) species under the
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Endangered Species Act (ESA); (3) Section 404 to include historic and cultural issues under the National
Historic Preservation Act (NHPA); (4) Section 404 to include annual monitoring for the typically required
five year period; (5) NEPA Categorical Exclusion or Environmental Assessment (support only)
Federal Environmental Laws/Executive Orders: (1) EO 11988 – Floodplain Management; (2) EO 11990 –
Wetland Protection; (3) EO 12898 – Environmental Justice; (4) EO 13112 – Invasive Species
State Permits: (1) Air Pollutant Emission Notice (APEN) for Land Development; (2) Air Quality Conformity
Permit; (3) Colorado Discharge Permit System (CDPS) Construction Storm water and/or Dewatering
CDPS Storm water Discharge Associated with Construction Activities, including Storm water
Management Plan (SWMP); (4) Senate Bill 40 Wildlife Certification Permits
Local Permits: (1) Town Right-of-Way Permit; (2)Town Grading Permit; (3) Utilities Agreements.
This scope of work additionally assumes that the project will qualify for authorization under Section 404
of the Clean Water Act using Nationwide and/or Regional General Permits (i.e., not require an Individual
Permit) and that no threatened and endangered species, historic or cultural issues of note will need to
be addressed.
3.3.6 90% Engineering Design Documentation
Consultant to provide Plans that will be for the Final Review:
A. Designs in compliance with Rules and Regulations for Dam Safety and Construction 2-CCR 402-1
to include but not be limited to Section 5.9:
i. Inflow Design Flood Requirements
ii. Seismicity Design Requirements
iii. Geotechnical Investigation and Foundation Requirements
iv. Embankment Dam Design Requirements
v. Concrete Dam Design Requirements (if applicable)
vi. Reservoir and Water Diversion Requirements
vii. River Diversion During Construction Requirements
and as applicable after Hazard Assessment, the following:
viii. Rule 6. Requirements for Alteration, Modification, or Repair of an Existing Dam
ix. Rule 7. Requirements for removing or Breaching and existing Dam
B. The 90% Dam and Natural Area Plan Submittal will need to include cross sections and ROW
information with the plan and profile sheets. The submittal will need to contain half size sheets
(11” x 17”). The Consultant will need to submit hard copy sheets sets per Town requirements
(up to 5) in addition to those needed for the utility companies.
C. Preparation of a final opinion of probable cost including item numbers, descriptions, units and
quantities.
D. Preparation of finalized project technical specifications. The project technical specifications will
need to be prepared using Office of State Engineer format and incorporate all project technical
specifications, and special provisions.
E. Completion of the finalized tabulated quantities.
F. Finalized Cost Estimate for final design.
G. Prepare supplemental cross sections as required for special features such as driveways,
intersections and critical locations where necessary.
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H. Completion of any finalized special details needed.
I. Confirmation of ownership property line information on plan sheets.
J. The 90% Drainage plan submittal will need to include General Notes and Project Special
Provisions.
K. The 90% Natural Area and Drainage plans will need to indicate existing utilities and proposed
utility relocations.
L. Final Drainage Report and finalized Storm Water Management Plan.
M. The Consultant will need to send plans to utility companies and other review agencies fifteen
(15) days prior to design review meetings along with a notice of the 90% Design Review meeting
date and location.
N. Attendance and discussion of additions or revisions to the plans and special provisions including
decisions made during previous Design Review Meetings.
O. Distribution of minutes to participants within five (5) working days of the meeting.
P. The Consultant will need to make necessary corrections to the plans and special provisions
following the 90% Design Review Meeting.
3.3.7 Final Engineering Design Documentation
3.3.7.1 Final Utility Agreements: Utility relocation or adjustment plans will need to be finalized and
utility agreements prepared. Consultant will need to prepare a Utility Clearance letter.
3.3.7.2 Final Plans: The Dam and Natural Area plans will need to be prepared in standard plan formats.
Specifications for the project will be based on the latest version of final plans will need to
include all required documentation by State, Local and other jurisdictional entities, and not be
limited to this partial list of required documents:
A. Title Sheet, Project Data, Plans Index
B. Standard Plans List
C. Typical Sections and General Notes
D. Summary of Approximate Quantities
E. Approximate Individual Quantities Tabulation Sheet
F. Erosion Control Plan
G. Survey Control
H. Plan and Profile (at 1”=20’)
I. Signage Plans
J. Landscape/Irrigation Plans
K. Storm Water Management Plan
L. Miscellaneous Construction Details
M. Right-of-way Sheets
N. Traffic Control Plan
O. Ground Cover and Erosion Control
P. Landscape and Irrigation Restoration
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3.3.7.3 Specifications and Cost Estimate:
Final Specifications will need to be prepared by the Consultant in CSI format and must incorporate Town
of Estes Park requirements. A final cost estimate will also need to be included in the final submittal.
3.3.7.4 Construction Contract Documents: The Consultant will need to prepare the Construction
Contract Documents to include all necessary forms required of the Contractor at the time of bidding.
Two original copies will need to be delivered to the Town of Estes Park.
3.3.7.5 Bid Phase and Construction Administration
Contractor to Provide Full Construction Administration Support
A. Bid Documents in Compliance with Federal Specifications
B. Bid Package and RFP Process
C. OEM Meeting coordination and Approving Agency Coordination
D. Information provision for permitting requirements for
E. Preparation of construction bid
F. Contractor prequalification, ranking, and selection processes
G. Development of an engineer’s opinion of probable cost
H. Design clarification
I. Site visits
J. Review of shop drawings
K. Final inspection
L. Close out
M. Record drawings
N. Final hazard classification of the of the dams
O. Construction bid and implementation phases
3.3.8 Supplemental Consultant Guidelines:
A. Preliminary and Final Design for this project will be reviewed by Town Staff which includes the
Public Works Director and Public Works Civil Engineer, Dept. of Community Development Staff and
other Stakeholders.
B. Design will use standards from the Town of Estes Park, Larimer County and Office of the State
Engineer.
C. The plan documents will consist of, but not be limited to, the following formats: layout and cover
sheet, plan views, profile views, cross sections, profiles, details, sketches, traffic control plan,
general and detailed construction notes, specifications, special conditions, construction explanation
notes and details. Plans and specifications should be suitable for bidding and construction.
D. The Consultant shall submit all calculations necessary for BMPs (best management practices), plan
quantities, and other work related to producing the design documents.
E. The Consultant will meet with related Agencies as needed to review design, acquire construction
easements, develop BMP’s, and all storm water, and run-off factors and satisfy regulatory issues.
F. The Consultant shall generate all clearances and clearance letters including but not limited to:
rights-of-way, utilities, materials, environmental, archeology, hydraulics, floodplain, etc.
G. The Consultant shall acquire state & local floodplain permits.
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H. The Consultant shall identify required easements and negotiate/acquire required easements with
the assistance of Town Staff.
I. The Consultant shall coordinate with all utilities within and along the project and develop a ‘utility
clearance’. This includes but is not limited to: Town of Estes Park Water, Town of Estes Park Light &
Power, Xcel Energy gas, Baja Cable, Platte River Power Authority fiber, CenturyLink phone, Estes
Park Sanitation District and Upper Thompson Sanitation District.
J. The Consultant shall plan a minimum of 6 engineering design meetings with Town Staff. It will be
the consultant’s responsibility to coordinate and meet with each Town Department, supply the
requested documentation and obtain their approval.
K. The Consultant shall be responsible for all activities related to acquisition of all Permanent and
Temporary Construction Easements. This will include research, property owner coordination and
development of easement documents and exhibits. Once the documentation is delivered, the Town
will formally record final easements. This work shall be inclusive and concurrent with the design
process.
3.3.9 Technical Support
Public outreach for this project will be a continuance of the extensive outreach conducted during Fish
Creek Corridor Plan for Resiliency (aka Master Plan) development, finalized in early 2015. Through
ongoing education and outreach. This plan identified the need to rehabilitate the Scott Pond dams.
As part of this planning process specific to Scott Ponds Natural Area, Town staff engaged in public
discussions with stakeholders about the need for dam removal and modification. Given the severe
damage caused by the 2013 flood to downstream properties and infrastructure, residents understand
the need to increase resiliency.
Consultant will be required throughout the project to provide to the Town Public Information Officer
updates for the Town website which will include a brief description of the project; contact information;
public meeting schedules; and a progress schedule. In addition, consultant will hold standard public
meetings, stakeholder meetings, including public open houses, targeted interviews with agencies and
owners as indicated below and as needed:
1. Establish and host a joint public website to provide information, post comments during the
scoping and public comment periods, and identify milestones.
2. Arrange facilities and logistics and document up to four public meetings.
A. Project kickoff Meeting to discuss goals and objectives for the project
B. Concept Design Presentation Meeting
C. Draft Construction Documents Presentation Meeting
D. Construction Phase kickoff Meeting
3. Consultant will be responsible for all copying, document preparation, and document mailing.
4. Provide technical support in public meetings, as required, throughout the NEPA approval
process, including Meeting notes, documentation of public presentation and public comments.
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5. Provide and implement a Public Participation Plan, and public outreach proposal, to facilitate
the public review of status, meetings, studies, and other pertinent information throughout the
conceptual, NEPA and Engineering design process.
6. The Consultant shall work in collaboration with Town Staff to contact all adjacent property
owners who will be impacted by the proposed improvements. The Consultant will work with
the Town Public Information Officer to inform the public of meetings, concepts, progress and
schedules.
3.3.9 Schedule and Execution
The Consultant must be prepared to start work immediately upon Notice to Proceed. Consultant must
hold Kick-Off Meeting within one week of Award of Contract / Notice to Proceed. Timely completion of
contract work is essential for grant compliance. See Proposed Schedule in next section; provide a
schedule as requested in proposal materials.
Divergence from proposed schedule is not feasible within the grant compliant structure. Grant funds for
entire project, design and construction, will be lost if construction and final grant documentation is not
completed as scheduled. Progress payments for design will not be made if schedule is not on track.
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4.0 PREPARATION OF PROPOSALS – INSTRUCTIONS TO CONSULTANTS
4.1 Communications While Preparing Proposals
To facilitate questions that may arise in preparing the proposals, the Town of Estes Park will be
responding to questions provided in addendum format. All communications regarding this RFP, including
technical questions, requests for RFP clarifications shall be directed to:
Kevin Ash, P.E.
Dept. of Public Works
Town of Estes Park
PO Box 1200
170 MacGregor Avenue
Estes Park, CO 80517
(970) 577-3586
kash@estes.org
All questions shall be submitted in writing to the contact above, by the deadline listed in 4.2 Proposed
Procurement Schedule.
The Town of Estes Park has no obligation to accept further inquiries after this deadline. The Town of
Estes Park will be bound only to the Town of Estes Park’ written answers to questions, as issued through
the addendum process. Following the deadline for submittal of the questions, an addendum containing
the questions and answers will be distributed to all known recipients of the RFP document. Any addenda
issued will also be posted as a downloadable document on the Town of Estes Park website by the
deadline listed in 4.2 Proposed Procurement Schedule. To be considered, all applicants will be required
to sign the Addendum form and submit it with their response. All addenda will become part of the RFP
and of any contract awarded. The Town of Estes Park will not be responsible for the accuracy of any
other oral explanations, interpretations and/or representations.
Access to addenda will be provided at Town of Estes Park website:
www.estes.org/RFP
4.2 Proposed Project Schedule
The dates listed below represent the estimated project schedule. The Town of Estes Park reserves the
right to change the schedule.
Issued RFP available: April 9, 2015
Submittal of Questions Close Date: April 23, 2015, 5pm
Issuance of any Addenda: April 24, 2015. 5pm
Proposals Due: April 30, 2015, 3pm
Consultant Selected by Town: May 5, 2015
Memo to Town Board: May 7, 2015
Town Board Approval of Contract: May 12, 2015
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Notice to Proceed Issued: May 13, 2015
Hazard Study Recommendations June 5, 2015
Public Meeting TBD
NEPA Doc. / Conceptual Design Complete July 1, 2015
Engineering Design 30% complete July 3, 2015
Public Meeting TBD
Engineering Design 90% complete August 1, 2015
Public Meeting TBD
Submittal of Final Construction Documents: August 14, 2015
Construction Bid Opening: September 4, 2015
Public Meeting TBD
Construction Start: October 7, 2015
Construction Complete / Final Accept: January 21, 2016
Deadline for Complete Grant Documentation: March 15, 2016
4.3 PROPOSALS
4.3.1 Submittal of Proposals
1. All Proposing firms shall comply with all conditions, requirements, and specifications, especially
including schedule, contained herein, with any departure constituting sufficient cause for
rejection of the Proposal.
2. All proposals shall be submitted no later than 3:00 pm MST, April 30, 2015.
3. Proposals shall be addressed to:
Town of Estes Park, Department of Public Works, Room 100
Attn: Kevin Ash, P.E.
PO Box 1200
170 MacGregor Avenue
Estes Park, CO 80517
4. Each proposal package shall include an original and four (4) hard copies and one (1) electronic
copy on computer readable disk. Fee Schedule shall be in separate sealed envelope (and not
included in electronic copy) with Consultant Name and Project Identification labeled. Proposal
packages shall be submitted in a sealed package marked on the outside:
a. Name of Consultant
b. Subject: Proposal for Professional Services – Scott Ponds Natural Area Dam Modification
5. Proposals shall not exceed 100 pages, including drawings and charts. Tabs and covers are not
counted toward the page limit. 11”x17” sheets count as one page. The Rate Schedule of
Consultant’s fees submitted in a separate sealed envelope does not count toward the page limit.
6. It is the submitter's responsibility to deliver the document to the proper address by the due
date. Late submittals will not be accepted. Submittals transmitted directly to Town of Estes Park
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electronically or by fax will not be considered. Town of Estes Park accepts no responsibility for
lost or misdirected submittals.
7. Proposals may not be modified or withdrawn after 3:00 pm MST, April 30, 2015.
8. To be considered, the consultant must supply all the information requested, in printed form as
requested by this document. The response must be signed by an individual who is authorized to
commit the Consultant to a binding agreement.
9. All materials submitted in response to this RFP become the property of the Town of Estes Park,
and will not be returned.
10. Proprietary information on any proposal must be clearly marked as such. The Town of Estes
Park shall be held harmless from any claims arising from release of proprietary information not
clearly designated as such by the proposing firm.
11. No proposal will be accepted from any person, firm of corporation that is in arrears for any
obligation to the Town of Estes Park, or that otherwise may be deemed irresponsible or
unresponsive by the Town of Estes Park of the Board of Trustees.
12. Only one proposal will be accepted from any person firm or corporation.
13. All prices quoted must be firm for a period of ninety (90) calendar days from the proposal
submittal date and until the work is completed on the project.
14. The Town of Estes Park reserves the right to reject any and all proposals or any part thereof.
The right is reserved to waive any formalities or informalities contained in any Proposal, and to
award the Proposal to the most responsive and responsible proposing firm as deemed in the
best interest of the Town of Estes Park.
15. The Town of Estes Park will not reimburse consultants for any costs incurred prior to or during
the preparation of proposals, including travel to and attendance at interviews, negotiation of
agreements, or any other activities that a prospective consultant may engage in.
4.3.2 Proposal Contents
Your proposal must include the following content:
1. Letter of Transmittal
2. Project Team Qualifications
3. Past Project Portfolio
4. Statement of Familiarity of Location
5. Technical Approach and Proposed Project Schedule (if different from this RFP Proposed
Schedule, provide brief explanation for adjustments)
6. Statement of Compliance with Terms and Conditions of this RFP and Signed Pre-Contract
Documentation (See Exhibits)
7. Rate Schedule of the Consultant’s Fees (submitted in a separate sealed envelope)
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4.3.2.1 Letter of Transmittal
Provide a letter of transmittal that is limited to:
1. The name of the individual who will serve as the Consultant’s representative and have contracting
authority, and who will sign the proposal;
2. The name of the individual who will serve as the primary contact person for the Consultant’s work
3. A description of the corporate ownership of the Consultant or the prime consultant in the case of a
proposing team.
4.3.2.2 Project Team Qualifications
A. The Project Team must demonstrate expertise and experience in the following:
1. Specific experience coordinating NEPA documentation including Categorical Exclusion and
Environmental Assessment documents for natural areas and /or dams in the State of Colorado.
2. Engineering technical experience with complex hydrologic environments, especially including
dams and dam repair work.
3. Familiarity with environmental issues related to construction and operation of natural area
facilities.
5. Engineering design natural areas and multi –use recreation facilities: Provide a Project
Portfolio of projects most similar to the Scott Ponds Dam and Natural Area. Each project should
identify 1) Consultant’s performance in professional fee adherence, 2) construction budgeting
accuracy, and 3) public process experience.
B. The Project Team’s qualifications are to be demonstrated by providing the following information:
1. Submit an organizational chart identifying the proposed Project Team’s key personnel and
subcontractors, including measures to assure the consistency and retention of key personnel of
the Project Team. The key personnel in the Project Team as specified in item 3 below shall
remain the Project Team throughout the contract term unless the Town of Estes Park consents
to a personnel change.
2. A summary of your firm’s business operations and capabilities as they pertain to the proposed
project of not more than three (3) pages in length. If the proposed Project Team includes
subcontractors, a summary of not more than one (1) page in length may be provided for each
subcontractor. Inclusion of any other descriptions of a firm’s overall business, or promotional
material is not encouraged and will not receive review.
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3. Provide a personnel table identifying key personnel and proposed subcontractors and identify
the key personnel and proposed subcontractors expertise as related to this project’s
requirements.
4. For the Project Team’s key personnel, include resume and, at a minimum, the following
information for each individual:
a. Name/firm;
b. Project team assignment and responsibilities;
c. Availability during contract term;
d. Summary of expertise/experience with respect to the qualifications requirements listed
above;
e. Education and relevant registrations;
f. Years of professional experience;
g. Experience with preparation of NEPA documentation including their role in the preparation;
h. Experience with Dam and Natural Wetlands Design Engineering, including their role in the
preparation;
Each resume for key personnel not to exceed two (2) pages.
5. For the proposed Project Manager, key personnel, and subcontractors, provide a list of at
least five (5) relevant projects, up to one page each. For each project provide a summary of the
project including the individual’s role, the date the project was completed, and a current
reference that may be contacted. The Project Manager, key personnel, and subcontractors shall
only list projects which their company performed at least 50% of the work. The list and summary
of projects shall be no more than ten (10) pages.
4.3.2.3 Technical Approach and Schedule
To demonstrate your understanding of the process and technical analysis required to coordinate
NEPA documentation, engineering feasibility studies, conceptual design engineering, and public process
integration the proposal must include:
1. SCHEDULE: Prepare and submit a schedule integrating the coordination of NEPA Documentation,
Hazard Classification Study and other data related to dam design with Conceptual Design
Engineering. This schedule must include a work breakdown structure that incorporates at a
minimum the major tasks required. Please Include:
a. Public Process Integration
b. Collaboration with Corp of Engineers and State Office of Engineering
c. Permitting and Agency Approval
d. Construction Schedule
e. Material Aquisition
2. Describe consultant’s standards and procedures for project schedule management and
communications.
3. Describe the technical approach you expect to take in integrating conceptual engineering design
with the findings of the hazard classification and environmental documentation.
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4. Describe consultant’s standards and procedures for project quality control and quality assurance.
5. Describe consultant’s standards and procedures for project budget management.
6. Please describe experience with grant funded project documentation and record keeping. Describe
standards and procedures for project management with particular emphasis on local government
administered, federal grant funded projects.
4.3.2.4 Rate Schedule of the Consultant’s Fees
The Town of Estes Park plans to contract for services rendered based on Town of Estes Park’s
contracting process. Please provide a rate schedule of the consultant’s fees including any known sub-
consultants for use in negotiating contracts. Rate schedules are to be submitted in a separate sealed
envelope with five (5) hard copies and one (1) electronic copy.
A. Hazard Classification Study
B. Consulting Engineering Services for Conceptual Design of Scott Ponds Dam Natural Area
Restoration
C. Consulting Engineering Services for 30% Development of Scott Ponds Dam Natural Area Restoration
D. Consulting Engineering Services for 90% Development of Scott Ponds Dam Natural Area Restoration
E. Consulting Engineering Services for Final Design of Scott Ponds Dam Natural Area Restoration
F. Additional services: Provide either a fee for added scope (preferred method) based on foreseeable
tasks (e.g., observed geotechnical obstructions) or an hourly rate with time estimate to provide
these services:
1. Additional consulting services to comply with NEPA requirements
2. Additional conceptual designs
3. Additional data collection for alternative designs
Fees must be presented in outline as given above. More detailed task specific cost estimates will be
reviewed at the time of contracting for services.
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5.0 PROPOSAL EVALUATION
The Town of Estes Park intends to select a Consultant who is fully qualified and who can provide
satisfactory service. The Town of Estes Park will be the sole judge of whether or not a consultant is
considered to be fully qualified for purpose of this RFP.
The firm selected for the award will be chosen on the basis of the apparent greatest benefit to the Town
of Estes Park and the qualifications of the proposing firm(s). Proposals will be evaluated by a project
committee assigned by the Estes Park Town Administrator or his designee. The Town of Estes Park
Mayor and Board of Trustees shall make final determination of the firm selected.
Evaluation and procurement of these services will be in accordance with the Federal Granting agency’s
procurement guidelines. The Town may use qualifications based competitive proposal procedures
(Brooks Act) as defined in 40 USC 1101-0014 and 49 USC 5325 (b)(1) as required. Proposals shall be
evaluated on the basis of Evaluation Criteria noted herein, and possibly by fee proposal if allowed by
funding authorities.
1. The Town of Estes Park will determine if the proposals are complete and meet the requirements
as described in this RFP.
2. The Town of Estes Park will review the proposals to determine which consultants are most
qualified to meet the requirements as described in this RFP. The Town of Estes Park will rank the
consultants based on the qualifications in the proposals.
3. The committee will make a selection on the basis of proposals received, or may choose to
“short-list” Applicants with highest ranking, most qualified, and complete proposals, who will be
contacted and requested to phone interview. Interviews are anticipated to be scheduled within
one (1) day of the date that proposals are due.
4. If and after interviews are conducted, the Town of Estes Park will identify a list of the best
qualified consultants. The Town of Estes Park will determine if the consultants are qualified to
coordinate required documentation to meet NEPA requirements and provide Engineering
Services requested.
5. The Town of Estes Park will negotiate and finalize a contract with the selected Consultant.
6. Upon award of the contract, the Consultant will be required to sign a Communication Protocol
prepared by the Town regarding communication between the Consultant, and the Town of Estes
Park.
5.1 PROPOSAL EVALUATION CRITERIA – Each submitted proposal will be evaluated on the criteria
below, each item receiving up to ten (10) points for each of first ten areas, for a total score of 100 points
possible. If interviews are conducted, the interviewed firms will be reassigned post interview point
totals which will be used for final ranking of firms:
1. Responsiveness to the Schedule - Time to complete the Project, and in adherence to Project
Schedule. (Note that inability to start and provide first invoice by indicated date will disqualify
Consultant.)
2. Project Examples - Responsive designs to natural wetlands areas, with creative solutions to
exceptional geophysical challenges demonstrating critical problem solving skills. Examples with
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successful final landscaping completion will show collaborative design thought necessary to the
successful outcome of this project.
3. Project Team Qualifications – Consultant and Project Team’s qualifications will be evaluated
primarily with reference to the expertise and experience of personnel that are assigned and
committed to the project. You will also be evaluated for effectiveness of approach and
utilization of good management practices.
4. Technical Approach – Your response to the questions listed in the technical approach section
will be evaluated to determine your understanding of the technical issues that need to be
addressed, your evaluation of the information available on the project, website and literature
resources that you have knowledge of, and your ability to meet project milestones.
5. Demonstrated Familiarity with Location – Firms demonstrated understanding of the region and
unique qualities that will impact best working method, design approach and features.
6. Public Process Experience -Demonstrate past planning and public involvement expertise where
design of this type or other designs were publicly presented and prioritized with local
government needs and approved through a local planning approval process.
7. Budget Adherence - Ability to perform work within negotiated fee schedules; Ability to create
accurate Cost Estimates for Construction.
8. References - Provide (3) three references from past clients of similar projects and statements
from the same clients explaining their experience with the proposing firm.
9. Proposal Presentation – Your proposal will be evaluated as an example of your document
preparation capability. It should represent the clarity, conciseness, and editorial precision that
you would use to prepare the deliverables required in the Scope of Work.
10. Completeness and Accuracy of Proposal -Ability to observe the proposal instructions. The
completeness checklist will be used to evaluate compliance. Incomplete proposals or failure to
provide the information required by the RFP will result in the proposal not being considered.
11. [If allowed by funding sources] Fee proposed.
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6.0 CONTRACT, TERMS AND CONDITIONS
Submitting Consultants attest that they are competent in conducting this study and assure that their
proposal is complete and will result in successful execution of work to achieve approvals necessary to
build this project.
6.1 Contract Formation
A Proposal submitted in response to the Solicitation is an offer to contract with the Town of Estes
Park. A Proposal becomes a Contract only when legally awarded and accepted in writing by the
Town of Estes Park.
6.2 Solicitation Amendments
Prior to submittal due date and time, the Town of Estes Park reserves the right to change portions of
this RFP. Any changes or corrections will be by one or more written amendment(s), dated, attached
to, or incorporated in, and made a part of this solicitation document. All changes must be authorized
and issued in writing by the Town of Estes Park. If there is any conflict between amendments, or
between an amendment and the RFP, whichever document was issued last in time shall be
controlling.
It shall be the responsibility of the proposing firm to verify that every addendum has been received
prior to submitting proposals and to acknowledge the addenda in Exhibit entitles “Acceptance of
Conditions Statement.”
6.3 Incorporation of Documents
This Solicitation document, any subsequent Amendments and the Applicant’s Response will be
incorporated into the resulting Contract.
6.4 Right to Cancel
The Town of Estes Park reserves the right to cancel or reissue all or part of this Solicitation at any
time as allowed by law without obligation or liability.
The Town reserves the right to reject any and all proposals or any part thereof. The right is reserved
to waive any formalities or informalities contained in any proposal, and to award the proposal to the
most responsive proposing firm as deemed in the best interest of the Town.
6.5 Commencement
The selected Consultant shall be expected to enter into the contract agreement with the Town of Estes
Park shortly after acceptance. The Consultant shall commence work on the project after receipt of a
Notice to Proceed from the Town of Estes Park. The Consultant will hold a Project Kickoff meeting with
the Town of Estes Park Staff within one week of Notice to Proceed.
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6.6 Variation from Request for Proposal
The Town reserves the right to negotiate final terms with the selected proposer that may vary from
those contained in this document.
6.7 State of Colorado Licenses
The Consultant shall be licensed to do business in the State of Colorado or provide a commitment that it
will become licensed in Colorado within thirty (30) calendar days of being selected Consultant.
6.8 Insurance
(Certificates not required at time of proposal)
The Consultant shall provide proof of insurance of the type and amount as required by the Town of
Estes Park, the State of Colorado and the Federal Agencies, including without limitation General
Commercial Liability, Workers Compensation, and Professional Liability. Refer to Sample Contract
attached as an Exhibit to this proposal for Insurance requirements. Certificates must be approved by
Town Staff prior to issuance of Contract.
6.9 References and Conflict of Interest Inquiry
The Town reserves the right to request a client list from the Proposer, for the purpose of determining
potential conflicts of interest or for obtaining references. Such lists shall be considered proprietary.
6.10 Project Interfacing
1. Upon contract award, the Town of Estes Park will become the exclusive direct project interface
with the Consultant. Other than direct contact on administrative matters, Consultant will have
no direct contact with other agency personnel without approval of the Town of Estes Park’s
representatives. The Town of Estes Park’s points of contact (POC) person for this project is:
For the Town of Estes Park:
Kevin Ash, P. E.
Town of Estes Park
170 MacGregor Avenue
Estes Park, CO 80517
(970) 577-3586
kash@estes.org
2. All information that the Consultant may require will be coordinated through the Town of Estes
Park.
3. Following award of the Contract, the Town of Estes Park will provide a Communications Protocol
to the selected Consultant. This document will establish roles and responsibilities and identify
project communications protocols with the Consultant, the Town of Estes Park, and other
Agencies. The Communication Protocol will include, but is not limited to, the following:
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a. Procedures for scheduling and facilitating status updates and meetings.
b. Consultant will submit a monthly Project Status Report to the Town of Estes Park, in an
agreed upon format. Reports shall commence within four weeks after award and
continue through the end of the project.
c. The consultant shall not release project-related documents to anyone other than the
Town of Estes Park who will determine its ultimate release.
6.11 Project Documentation and Deliverables
The Consultant shall be responsible for preparing documents, reports, drawings, calculations, tables,
and technical specifications that are consistent with and reflect the requirements of the Town of Estes
Park, as applicable. Delivery of all project documentation from the Consultant shall be made to the
Town of Estes Park through the Town of Estes Park’s POC.
1. Consultant attests that they are capable and willing to provide all documentation required for
grant reimbursement, are aware of the scope of this task, and will work diligently with Town of
Estes Park Staff to regularly provided data for grant compliance submission requirements.
2. Consultant shall obtain background documents and documentation of previous studies from the
Town of Estes Park to the maximum extent possible.
3. Any pre-existing site-specific information such as survey information, property maps, technical
drawings, etc. shall be provided by the Town of Estes Park.
4. Consultant shall document all telephone communications regarding the project.
5. The Consultant shall bi-weekly update the project website with information to be responsive to
changing conditions, tracking progress and milestones.
6. The Project Schedule shall be updated showing progress versus approved schedule and
submitted as part of each Project Status Report. Deviation from project schedule shall require
immediate personnel and schedule adjustment to re-track the project for timely completion.
7. Consultant shall develop a record management system, maintain documents, and be able to
provide records and access to the Town of Estes Park for public disclosure or Freedom of
Information Act (FOIA) requests or litigation. The Consultant shall not release project related
documents to anyone other than the Town of Estes Park who will determine its ultimate release.
8. All information related to the NEPA documentation and Design Engineering process will be
provided to the Town of Estes Park upon completion of the contract, including an inventory of
all documents, phone, email and other records for the administrative record. This includes
access to all information that supports the findings, conclusions and recommendations of the
Consultant’s reports, including computer models, in CAD or Revit and methodology for those
models.
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6.12 Fees and Payment
It is anticipated the contract will be awarded as time and material with a not-to-exceed value based on
separate phases. Payments shall not exceed the Total Contracted Value, for which the Town will
generate a Purchase Order, or the total value by phase. Invoicing shall not exceed Contract amount
without a previously approved Change Order.
Billing and payment cycles are as printed on the Annual Vendor Payment Schedule (available from the
Finance Department) generated by the Town’s Finance Department. Public Works will approve invoices
on a monthly basis. The amount of such payment shall be based on certified progress reports and billing
covering the work performed and percentage complete. Once invoice is approved by Public Works, the
Finance Department will process according to the Vendor Payment Schedule.
Subcontracting or specialty engineers shall be line item detailed, and an estimated value identified and
approved prior to any work.
Additional Services will be proposed by the consultant, negotiated and agreed to in writing prior to
performance and payment for such services.
Payments to the Consultant will not exceed 95% until the project is completed and accepted by the
Town. The agreement will be effective through end date of this project. (or until all documentation is
approved).
6.13 Sub-consultants
Consultant shall indicate in the proposal any work intended to be performed by subcontractors or
persons outside their firm. The consultant shall name the subcontractors, if know at the time of the
proposal.
With the written permission of the Town of Estes Park, the Consultant may hire sub-contractors not
identified in the proposal to complete portions of the analysis or engineering if the Consultant lacks
sufficient in-house expertise or capacity to complete those portions.
Subcontractors shall be bound to meet the same quality standards and schedules and provide the same
level of documentation as prime consultant.
6.14 Financial Capabilities
The successful proposer must be financially capable and solvent in fulfilling the requirements of the
proposed contract.
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6.15 Conflicts of Interest
Conflict of interest means that because of other activities or relationships, a person or entity is unable or
potentially unable to render impartial assistance or advice to the Town of Estes Park, is or might be
otherwise impaired in its objectivity in performing the contract work, or has an unfair competitive
advantage. Consultant and sub-consultants must disclose any current or expected future contractual
relationships which may pose a conflict of interest with this project. Disclosure shall include date and
duration of contract, the nature of the service provided, and a plan for managing potential conflicts of
interest. If no current or expected future relationships during the expected term of this contract are
expected, an affirmative statement from each individual employed by either the Consultant or any sub-
consultants working in response to this RFP stating such shall be included.
The Consultant Project Team must be an independent third party during preparation of NEPA related
documentation. CEQ regulations at 40 CFR 1506.5 require a Consultant who will participate in NEPA
documentation to execute a disclosure statement specifying that the Consultant has no financial or
other special interest in the project under evaluation. An executed disclosure statement, in the form set
forth in attached Exhibits, shall be submitted with the proposal.
6.16 Handling of Information
The Consultant shall not disclose any information concerning the Town of Estes Park or the project, or
information that may be classified as confidential, for any purpose not directly connected with the
administration of this contract, except with prior written consent of the relevant Agency, or as may be
required by law.
EXHIBIT A
TOWN OF ESTES PARK
ACCEPTANCE OF CONDITIONS STATEMENT & ATTESTATION OF INTERESTS
Project under consideration:
___________________________________________________________________________
Proposing Firm: _____________________________________________________________
Address: ___________________________________________________________________
Telephone Number: __________________________________________________________
I/we hereby agree to all instructions, terms and conditions, and specifications contained herein:
___________________________________________________________________________
Printed Name, Title Signature Date
I acknowledge receipt of the following Addenda: ___________________________________
___________________________________________________________________________
Printed Name, Title Signature Date
No employee, elected or appointed official of the Town of Estes Park, or any such person’s
spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or
personal interest in the proposing firm of this Request for Proposal, except as follows:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Printed Name, Title Signature Date
Attest: _____________________________________________________________________
My Commission Expires: _______________________________________________________
EXHIBIT B
TOWN OF ESTES PARK
CONSULTANT’S PERSONNEL AND SUBCONSULTANT’S LISTING
Name: ______________________________ Firm: ________________________
Role: ______________________________________________________________
Name: ______________________________ Firm: ________________________
Role: ______________________________________________________________
Name: ______________________________ Firm: ________________________
Role: ______________________________________________________________
Name: ______________________________ Firm: ________________________
Role: ______________________________________________________________
Name: ______________________________ Firm: ________________________
Role: ______________________________________________________________
Name: ______________________________ Firm: ________________________
Role: ______________________________________________________________
Name: ______________________________ Firm: ________________________
Role: ______________________________________________________________
Name: ______________________________ Firm: ________________________
Role: ______________________________________________________________
Name: ______________________________ Firm: ________________________
Role: ______________________________________________________________
Name: ______________________________ Firm: ________________________
___________________________________________________________________________
Printed Name, Title Signature Date
EXHIBIT C
TOWN OF ESTES PARK
STATEMENT REGARDING ILLEGAL ALIENS:
The Contractor certifies that the Contractor shall comply with the provision of CRS 8 -17.5-101,
et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this contract or enter into a contract with a subcontractor that knowingly employs
or contracts with an illegal alien to perform work under this contract. The Contractor
represents, warrants, and agrees that it:
(i) has verified that it does not employ any illegal aliens, through participation in
the Basic Pilot Employment Verification Program administered by the Social
Security Administration and the Department of Homeland Security, or
(ii) otherwise will comply with the requirements of CRS 8 -17.5-102(2)(b)(I). The
Contractor shall comply with all reasonable requests made in the course of an
investigation by the Colorado Department of Labor and Employment. If the
Contractor fails to comply with any requirement of this provision or CRS 8-17.5-
101, et seq., the Town may terminate this contract for breach of contract, and
the Contractor shall be liable for actual and consequential damages to the Town.
If the Contractor obtains actual knowledge that a subcontractor performing work under this
contract knowingly employs or contracts with an illegal alien, the Contractor shall:
(a) Notify the subcontractor and the Town within three days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
(b) terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to sub-paragraph (a.) above, the subcontractor does
not stop employing or contracting with the illegal alien, unless the subcontractor
provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
___________________________________________________________________________
Printed Name, Title Signature Date
EXHIBIT D
TOWN OF ESTES PARK
REFERENCE AUTHORIZATION AND RELEASE FORM
To: Town of Estes Park
By (Proposer):
___________________________________________________________________________
Firm Name
Select: A Partnership / A Corporation / An Individual
___________________________________________________________________________
Firm Address
Proposer hereby authorizes Owner to perform such investigation of Proposer as Owner deems
necessary to establish the qualifications, responsibility and financial ability of Proposer. By its
signature hereon, proposer authorizes owner to obtain reference information concerning
proposer and releases the party providing such information named above and Owner from any
and all liability to Proposer as a result of any such reference information provided.
Proposer further waives any right to receive copies of reference information provided to
Owner. An executed copy of this Reference Authorization and Release Form may be used with
the same effectiveness as an original.
___________________________________________________________________________
Printed Name, Title Signature Date
EXHIBIT E
TOWN OF ESTES PARK
NEPA Financial Disclosure Statement
Project under consideration:
For Coordination of the NEPA documentation for the Scott Ponds Dam and Natural Area
___________________________________________________________________________
Proposing Firm: _____________________________________________________________
Address: ___________________________________________________________________
Telephone Number: __________________________________________________________
The Federal Transit Administration determined that a National Environment Policy Act (“NEPA”)
Categorical Exclusion (CE) is needed to evaluate the impacts for the above project.
Pursuant to the Council of Environmental Quality regulations at 40 CFR 1506.5, a CE may be prepared by
a third party who has been selected by the lead Federal Agency and has executed a disclosure statement
specifying that the consultant does not have financial or other interest in the outcome of the project.
“Financial or other interest” is interpreted broadly to cover any known benefits other than general
enhancement of professional reputation. This includes any financial benefit such as a promise of future
construction or design work on the project, as well as indirect benefits the consultant is aware of (e.g. if
the project would aid proposals sponsored by the firm’s other clients).
As a duly authorized representative of __________________________________, the undersigned
certifies the following: the company, its officers, employees, agents and subconsultants have no direct
or indirect financial or other interest – to include any known benefit other than general enhancement of
professional reputation – in the outcome of the NEPA CE developed for the above project. The
undersigned further certifies that the company, its officers, employees, agents, and sub-consultants
have no current involvement in the development, or the environmental evaluation, of the above stated
project, to include generating data and plans for the project. The company, its officers, employees,
agents, and sub-consultants’ prior involvement in the development, or the environmental evaluation, of
the above project, to include generating data and plans for the project include the following:
___________________________________________________________________________
Printed Name, Title Signature Date
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EXHIBIT F:
TOWN OF ESTES PARK
FEDERALLY REQUIRED AND OTHER CLAUSES – FOR DESIGN PROFESSIONALS
Professional Services Contracts performing Design Services must provide Construction
Documentation in Compliance with the following requirements. These requirements will
become part of contract for performance. See additional Exhibits for guidance on FEDERALLY
REQUIRED AND OTHER CLAUSES - FOR CONSTRUCTION attached. All provided design must
allow feasible compliance with these construction contract required clauses.
Federally Required and Other Clauses
1. Fly America Requirements
49 U.S.C. §40118
41 CFR Part 301-10
The Fly America requirements flow down from FTA recipients and subrecipients to first tier
contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in
compliance.
Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America"
Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301 -10,
which provide that recipients and subrecipients of Federal funds and their contractors are required to
use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of
their personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a
foreign air carrier was used, an appropriate certification or memorandum adequately explaining why
service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier
and shall, in any event, provide a certificate of compliance with the Fly America requirements. The
Contractor agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
5. Seismic Safety Requirements
42 U.S.C. 7701 et seq. 49
CFR Part 41
The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier
contractors to assure compliance, with the applicable building sta ndards for Seismic Safety, including
the work performed by all subcontractors.
Seismic Safety - The contractor agrees that any new building or addition to an existing building will be
designed and constructed in accordance with the standards for Seismic Sa fety required in Department
of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the
extent required by the regulation. The contractor also agrees to ensure that all work performed under
this contract including work performed by a subcontractor is in compliance with the standards required
by the Seismic Safety Regulations and the certification of compliance issued on the project.
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6. Energy Conservation Requirements
42 U.S.C. 6321 et seq.
49 CFR Part 18
The Energy Conservation requirements extend to all third party contractors and their contracts at
every tier and subrecipients and their subagreements at every tier.
Energy Conservation - The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
7. Clean Water Requirements
33 U.S.C. 1251
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
10. Lobbying
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying
Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq. ]
Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure
Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR §
20.110(d)
Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7,
which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49
CFR Part 20, as amended by "Government wide Guidance For New Restrictions on
Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.
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Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of
1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an
award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on
Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the
Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds
with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal cont ract,
grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61
Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in
accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at
2 U.S.C. 1601, et seq .)]
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure
Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or
fails to file or amend a required certification or disclosure form shall be subject to a civil pe nalty of not
less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addit ion, the Contractor understands and agrees
that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
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___________________________ Date
11. Access to Records and Reports
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees
to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or
any of their authorized representatives access to any books, documents, papers and records of
the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R.
633.17 to provide the FTA Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the
programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA
Administrator or his authorized representatives, including any PMO Contractor, access to the
Contractor's records and construction sites pertaining to a major capital project, defined at 49
U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less
than the simplified acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under
the simplified acquisition threshold and is an institution of higher education, a hospital or other
non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA
Administrator, the Comptroller General of the United States or any of their duly authorized
representatives with access to any books, documents, papers and record of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts
and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall
make available records related to the contract to the Purchaser, the Secretary of Transportation
and the Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of litigation or settlement of claims arising from the performance of
this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Sources of Authority
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1. 49 USC 5325 (a)
2. 49 CFR 633.17
3. 18 CFR 18.36 (i)
12. Federal Changes
49 CFR Part 18
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in
the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from
time to time during the term of this contract. Contractor's failure to so comply shall constitute a
material breach of this contract.
14. CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees
to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,
report each violation as required to assure notification to FTA and the appropriate EPA Regional
Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
15. Recycled Products
42 U.S.C. 6962
40 CFR Part 247
Executive Order 12873
These requirements flow down to all to all contractor and subcontractor tiers.
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of
the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but
not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply
to the procurement of the items designated in Subpart B of 40 CFR Part 247.
17. Contract Work Hours and Safety Standards Act
1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
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2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
3. Withholding for unpaid wages and liquidated damages - The (write in the name of the
grantee) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the claus e set forth in
paragraph (2) of this section.
4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1) through (4) of this section.
19. No Government Obligation to Third Parties
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence
by the Federal Government in or approval of the solicitation or award of the underlying
contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or
liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
20. Program Fraud and False or Fraudulent Statements
and Related Acts
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
These requirements flow down to contractors and subcontractors who make, present, or submit
covered claims and statements.
Program Fraud and False or Fraudulent Statements or Related Acts.
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
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execution of the underlying contract, the Contractor certifies or affirms the truthf ulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying contract or the FTA assisted project for which this contract work is
being performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose
the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent
the Federal Government deems appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall
not be modified, except to identify the subcontractor who will be subject to the provisions.
21. Termination
49 U.S.C.Part 18
FTA Circular 4220.1E
The termination requirements flow down to all contracts in excess of $10,000, with the exception of
contracts with nonprofit organizations and institutions of higher learning.
a. Termination for Convenience (General Provision) The (Recipient) may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract close -
out costs, and profit on work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor
has any property in its possession belonging to the (Recipient), the Contractor will account for
the same, and dispose of it in the manner the (Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not
deliver supplies in accordance with the contract delivery schedule, or, if the contract is for
services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the (Recipient) may
terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default.
The contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the (Recipient), after setting up a new delivery of performance
schedule, may allow the Contractor to continue work, or treat the termination as a termination
for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor [an appropriately short period
of time] in which to cure the defect. In such case, the notice of termination will state the time
period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the
terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
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Contractor of written notice from (Recipient) setting forth the nature of said breach or default,
(Recipient) shall have the right to terminate the Contract without any further obligation to
Contractor. Any such termination for default shall not in any way operate to preclude
(Recipient) from also pursuing all available remedies against Contractor and its sureties for
said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies
for any breach by Contractor of any covenant, term or condition of this Contract, such waiver
by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of
any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient),
by written notice, may terminate this contract, in whole or in part, when it is in the
Government's interest. If this contract is terminated, the Recipient shall be liable only for
payment under the payment provisions of this contract for services rendered before the
effective date of termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this contract, the (Recipient) may
terminate this contract for default. The (Recipient) shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. The Contractor will
only be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time specified
in this contract or any extension or if the Contractor fails to comply with any other provisions
of this contract, the (Recipient) may terminate this contract for default. The (Recipie nt) shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature of
default. The Contractor will only be paid the contract price for services performed in
accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the
Contractor shall, upon direction of the (Recipient), protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on
payment for the preservation and protection of goods. Failure to agree on an amount will be
resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the (Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the
work or any separable part, with the diligence that will insure its completion within the time
specified in this contract or any extension or fails to complete the work within this time, or if
the Contractor fails to comply with any other provisions of this contract, the (Recipient) may
terminate this contract for default. The (Recipient) shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. In this event, the
Recipient may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for
completing the work. The Contractor and its sureties shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within
specified time, whether or not the Contractor's right to proceed with the work is terminated.
This liability includes any increased costs incurred by the Recipient in completing the work.
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The Contractor's right to proceed shall not be terminated nor the Contractor charged with
damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control
and without the fault or negligence of the Contractor. Examples of such causes
include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the
delay is excusable, the time for completing the work shall be extended. The judgment
of the (Recipient) shall be final and conclusive on the parties, but subject to appeal
under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and
obligations of the parties will be the same as if the termination had been issued for
the convenience of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may
terminate this contract in whole or in part, for the Recipient's convenience or because of the
failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature, extent, and
effective date of the termination. Upon receipt of the notice, the Contractor shall (1)
immediately discontinue all services affected (unless the notice directs otherwise), and (2)
deliver to the Contracting Officer all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make
an equitable adjustment in the contract price but shall allow no anticipated profit on
unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient
may complete the work by contact or otherwise and the Contractor shall be liable for any
additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may
terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the notice shall
state the manner in which the contractor has failed to perform the requirements of the
contract. The Contractor shall account for any property in its possession paid for from funds
received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the
termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to
be paid the contractor in proportion to the value, if any, of work performed up to the time of
termination. The Contractor shall promptly submit its termination claim to the (Recipient) and
the parties shall negotiate the termination settlement to be paid the Contractor.
If the term ination is for the convenience of the (Recipient), the Contractor shall be paid its
contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion
to the work performed up to the time of termination.
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If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events
which are not the fault of and are beyond the control of the contractor, t he (Recipient), after
setting up a new work schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
22. Government-Wide Debarment and Suspension
(Nonprocurement)
49 CFR Part 29
Executive Order 12549
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is
required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates,
as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency
name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to {insert agency name}, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment. The bidder or
proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or proposer further
agrees to include a provision requiring such compliance in its lower tier covered transactions.
23. Privacy Act
5 U.S.C. 552
The Federal Privacy Act requirements flow down to each third party contractor and their contracts at
every tier.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the
Contractor and its employees that administer any system of records on behalf of the Federal
Government under any contract:
1. The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974,
5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of
the Federal Government before the Contractor or its employees operate a system of records
on behalf of the Federal Government. The Contractor understands that the requirements of
the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to
those individuals involved, and that failure to comply with the terms of the Privacy Act ma y
result in termination of the underlying contract.
2. The Contractor also agrees to include these requirements in each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in part with
Federal assistance provided by FTA.
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24. Civil Rights Requirements
29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
The Civil Rights requirements flow down to all third party contractors and their contracts at every tier.
Civil Rights - The following requirements apply to the underlying contract:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.
§ 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102,
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal
transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age,
or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
a. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office
of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order
No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor agrees
to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, national
origin, sex, or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with
any implementing requirements FTA m ay issue.
b. Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
c. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
25. Breaches and Dispute Resolution
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49 CFR Part 18
FTA Circular 4220.1E
The Breaches and Dispute Resolutions requirements flow down to all tiers.
FTA does not prescribe the form or content of such provisions. What provisions are developed will
depend on the circumstances and the type of contract. Recipients should consult legal counsel in
developing appropriate clauses. The following clauses are examples of provisions from various FTA
third party contracts.
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of
the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of
employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of
receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of
employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of its position. The decision of the [title of employee] shall be
binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the party or of any of his employees, agents or others for whose
acts he is legally liable, a claim for damages therefor shall be made in writing to such other party
within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the (Recipient) and the Contractor arising out of or relating to this
agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of
competent jurisdiction within the State in which the (Recipient) is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by
the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of
them under the Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
28. Disadvantaged Business Enterprise(DBE)
49 CFR Part 26
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26,Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs. The national goal for participation of Disadvantaged Business
Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is __ %. A
separate contract goal [of __ % DBE participation has] [has not] been established for this
procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49
CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the
contractor to carry out these requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy as {insert agency
name} deems appropriate. Each subcontract the contractor signs with a subcontractor must
include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. {If a separate contract goal has been established, use the following} Bidders/offerors are
required to document sufficient DBE participation to meet these goals or, alternatively,
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document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this
contract is conditioned on submission of the following [concurrent with and accompanying
sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]:
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor
whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided in
the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
[Bidders][Offerors] must present the information required above [as a matter of
responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR
26.53(3)).
{If no separate contract goal has been established, use the following} The
successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor’s receipt of
payment for that work from the {insert agency name}. In addition, [the contractor may not
hold retainage from its subcontractors.] [is required to return any retainage payments
to those subcontractors within 30 days after the subcontractor's work related to this
contract is satisfactorily completed.] [is required to return any retainage payments to
those subcontractors within 30 days after incremental acceptance of the
subcontractor’s work by the {insert agency name} and contractor’s receipt of the
partial retainage payment related to the subcontractor’s work.]
e. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must
make good faith efforts to engage another DBE subcontractor to perform at least the same
amount of work. The contractor may not terminate any DBE subcontractor and perform that
work through its own forces or those of an affiliate without prior written consent of {insert
agency name}.
30. Incorporation of Federal Transit Administration (FTA)
Terms
FTA Circular 4220.1E
The incorporation of FTA terms has unlimited flow down.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in
part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in
the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA
Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with
other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform
any act, or refuse to comply with any (name of grantee) requests which would cause (name of
grantee) to be in violation of the FTA terms and conditions.
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EXHIBIT G:
TOWN OF ESTES PARK
FEDERALLY REQUIRED AND OTHER CLAUSES – FOR CONSTRUCTION
Professional Services Contracts performing Design Services must provide Construction
Documentation in Compliance with FEDERALLY REQUIRED AND OTHER CLAUSES - FOR
CONSTRUCTION below. All provided design must allow feasible compliance with these
construction contract required clauses.
Federally Required and Other Clauses
2. Buy America Requirements
49 U.S.C. 5323(j)
49 CFR Part 661
The Buy America requirements flow down from FTA recipients and subrecipients to first tier
contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in
compliance.
Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R . Part 661, which
provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or
the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include
final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by
Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling
stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in
the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below)
with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers
that are not accompanied by a completed Buy America certification must be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the
applicable regulations in 49 CFR Part 661.5.
Date ____________________________________________________________
Signature______________________________________________________
Company Name_______________________________________________________
Title _____________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A),
5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
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Date _________________________________________________________________
Signature ___________________________________________________________
Company Name _________________________________________________________
Title _______________________________________________________________
Certification requirement for procurement of buses, other rolling stock and associated
equipment.
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date _________________________________________________________________
Signature ____________________________________________________________
Company Name ____________________________________________________________
Title _________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date _______________________________________________________________
Signature ____________________________________________________________
Company Name ________________________________________________________
Title _______________________________________________________________
4. Cargo Preference Requirements
46 U.S.C. 1241
46 CFR Part 381
The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved
with the transport of equipment, material, or commodities by ocean vessel.
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately
owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping
any equipment, material, or commodities pursuant to the underlying contract to the extent such
vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to
furnish within20 working days following the date of loading for shipments originating within the United
States or within 30 working days following the date of leading for shipments originating outside the
United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each
shipment of cargodescribed in the preceding paragraph to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington, DC 20590 and to the FT A recipient
(through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements
in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of
equipment, material, or commodities by ocean vessel.
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13. Bonding Requirements
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA
may accept the bonding policy and requirements of the recipient, provided that they meet the
minimum requirements for construction contracts as follows:
a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid
guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of
his bid, execute such contractual documents as may be required within the time specified.
b. A performance bond on the part to the Contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such contract.
c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment
bond" is one executed in connection with a contract to assure payment, as required by law, of all
persons supplying labor and material in the execution of the work provided for in the contract.
Payment bond amounts required from Contractors are as follows:
1. 50% of the contract price if the contract price is not more than $1 million;
2. 40% of the contract price if the contract price is more than $1 million but not more than
$5 million; or
3. $2.5 million if the contract price is more than $5 million.
d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in
lieu of performance and payment bonds, provided the grantee has established a procedure to
assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also
satisfy the requirement for a bond.
Flow Down
Bonding requirements flow down to the first tier contractors.
Bid Bond Requirements (Construction )
a. Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and
listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate
of Authority as described thereunder.
b. Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by
(Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not
be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the
written consent of (Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw any part or all
of his bid within [ninety (90)] days after the bid opening without the written consent of
(Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse
or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material
Payments Bonds, as provided above, or refuse or be unable to furnish adequate and
acceptable insurance, as provided above, he shall forfeit his bid security to the extent of
(Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an
agreement, or provide adequate security therefor.
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It is further understood and agreed that to the extent the defaulting bidder's Bid Bond,
Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding
any income generated thereby which has been retained by (Recipient) as provided in [Item x
"Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully r ecompense
(Recipient) for the damages occasioned by default, then the undersigned bidder agrees to
indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and
(Recipient's) total damages, so as to make (Recipient) whole.
The undersigned understands that any material alteration of any of the above or any of the
material contained on this form, other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:
a. Performance bonds
1. The penal amount of performance bonds shall be 100 percent of the original contract
price, unless the (Recipient) determines that a lesser amount would be adequate f or
the protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a contract
price is increased. The increase in protection shall generally equal 100 percent of the
increase in contract price. The (Recipient) may secure additional protection by
directing the Contractor to increase the penal amount of the existing bond or to
obtain an additional bond.
b. Payment bonds
1. The penal amount of the payment bonds shall equal:
i. Fifty percent of the contract price if the contract price is not more than $1 million.
ii. Forty percent of the contract price if the contract price is more than $1 million
but not more than $5 million; or
iii. Two and one half million if the contract price is more than $5 million.
2. If the original contract price is $5 million or less, the (Recipient) may require additional
protection as required by subparagraph 1 if the contract price is increased.
Performance and Payment Bonding Requirements (Non-
Construction)
The Contractor may be required to obtain performance and payment bonds when necessary to protect
the (Recipient's) interest.
a. The following situations may warrant a performance bond:
1. (Recipient) property or funds are to be provided to the contractor for use in performing
the contract or as partial compensation (as in retention of salvaged material).
2. A contractor sells assets to or merges with another concern, and the (Recipient), after
recognizing the latter concern as the successor in interest, desires assurance that it
is financially capable.
3. Substantial progress payments are made before delivery of end items starts.
4. Contracts are for dismantling, demolition, or removal of improvements.
b. When it is determined that a performance bond is required, the Contractor shall be required to
obtain performance bonds as follows:
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1. The penal amount of performance bonds shall be 100 percent of the original contract
price, unless the (Recipient) determines that a lesser amount would be adequate for the
protection of the (Recipient).
2. The (Recipient) may require additional perform ance bond protection when a contract
price is increased. The increase in protection shall generally equal 100 percent of the
increase in contract price. The (Recipient) may secure additional protection by directing
the Contractor to increase the penal amount of the existing bond or to obtain an
additional bond.
c. A payment bond is required only when a performance bond is required, and if the use of payment
bond is in the (Recipient's) interest.
d. When it is determined that a payment bond is required, the Contractor shall be required to obtain
payment bonds as follows:
1. The penal amount of payment bonds shall equal:
i. Fifty percent of the contract price if the contract price is not more than $1 million;
ii. Forty percent of the contract price if the contract price is mo re than $1 million
but not more than $5 million; or
iii. Two and one half million if the contract price is increased.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an
advance payment provision and a performance bond is not furnished. The (recipient) shall determine
the amount of the advance payment bond necessary to protect the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not
furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall
determine the amount of the patent indemnity to protect the (Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and
equipment furnished under this Contract will be of highest quality and new unless otherwise
specified by (Recipient), free from faults and defects and in conformance with the Contract
Documents. All work not so conforming to these standards shall be considered defective. If
required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the
kind and qualit y of materials and equipment.
2. The Work furnished must be of first quality and the workmanship must be the best obtainable
in the various trades. The Work must be of safe, substantial and durable construction in all
respects. The Contractor hereby guarantees the Work against defective materials or faulty
workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and
shall replace or repair any defective materials or equipment or faulty workmanship during the
period of the guarantee at no cost to (Recipient). As additional security for these guarantees,
the Contractor shall, prior to the release of Final Payment [as provided in Item X below],
furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written
by the same corporate surety that provides the Performance Bond and Labor and Material
Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to
replace or repair defective materials and faulty workmanship for a minimum period o f one (1)
year after Final Payment and shall be written in an amount equal to ONE HUNDRED
PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all).
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16. Davis-Bacon and Copeland Anti-Kickback Acts
Background and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts
apply to grantee construction contracts and subcontracts that “at least partly are financed by a loan or
grant from the Federal Government.” 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts
apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for
purposes of the Acts, includes “actual construction, alteration and/or repair, including painting and
decorating.” 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see
29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause
below should be coordinated with counsel to ensure the Acts’ requirements are satisfied.
Clause Language
Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction
or development of the project), will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)),
the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary
of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)
of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, re gular
contributions made or costs incurred for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fringe benefits on the wage determination for the classification of
work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers
or mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: Provided, That the employer's
payroll records accurately set forth the time spent in each classification in which work is performed.
The wage determination (including any additional classifications and wage rates conformed under
paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by
the contractor and its subcontractors at the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officershall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria
have been met:
1. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
2. The classification is utilized in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination; and
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4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a c lassification prevails in the area
in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and w age rate (including
the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent
by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action
within 30 days of receipt and so advise the contracting officer or will notify the contracting o fficer within
the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classifica tion and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable stand ards
of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside
in a separate account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefor only when the following criteria have been
met:
1. The work to be performed by the classification requested is not performed by a classification in
the wage determination; and
2. The classification is utilized in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent
by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
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(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(v) (B) or (C) of this section, shall be paid to all work ers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to Davis-Bacon prevailing wage requirem ents, which is held
by the same prime contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by
the contractor or any subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work (or under the United States Housing Act of 1937 or under the Hous ing
Act of 1949 in the construction or development of the project), all or part of the wages required by the
contract, the [ insert name of grantee ] may, after written notice to the contractor, sponsor, applicant,
or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of
1937, or under the Housing Act of 1949, in the construction or development of the pr oject). Such
records shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated or the
actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a
copy of all payrolls to the [ insert name of grantee ] for transmission to the Federal Transit
Administration. The payrolls submitted shall set out accurately and completely all of the information
required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information
may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may
be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible for th e
submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
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1. (1) That the payroll for the payroll period contains the information required to be maintained
under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and
complete;
2. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the contract during the payroll period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made either directly or indirectly
from the full wages earned, other than permissible deductions as set forth in Regulations, 29
CFR part 3;
3. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required
by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to
civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United
States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the Federal
Transit Administration or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprentices hip and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the reg istered
program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the registered pro gram
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator of the Wage and Hour Division of
the U.S. Department of Labor determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that determination. In the event the
Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
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withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the
U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. T he prime contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29
CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of
the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this c ontract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of
its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or
their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ine ligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Community Services Memo
To: Honorable Mayor Pinkham
Town Board of Trustees
Administrator Lancaster
From: Bo Winslow, Community Services Director
Date: May 12, 2015
RE: Ordinance for Lease and Operation of Vickie O’Connor Picnic Grounds
Objective:
To approve the Lease/Ordinance to allow the Vickie O’Connor Picnic Grounds to be
leased and operated by private individuals.
Present Situation:
Currently Town Staff operates the Vickie O’Connor Picnic Grounds. Staff looked at
ways this could be outsourced in order to both relieve staff load as well as offer a new
business opportunity.
Proposal:
This project was sent out for bid. Town Staff received one proposal back. The proposal
offers 15% of gross receipts for lease of the property.
Advantages:
Allows for better customer service
Allows for new business opportunity
Frees up Staff time to do other duties
Disadvantages:
Unknown at this time
Action Recommended by Staff:
Approve Ordinance/Lease
Budget:
The expenses and revenues are budgeted in the Events Department Budget. Staff
does not anticipate there to be negative impact on the budget.
Level of Public Interest
Since only one proposal was submitted, Staff feels as though there is minimal public
interest.
Sample Motion:
I move to approve/deny Ordinance___-15, the Lease and Operation of the Vickie
O’Connor picnic grounds.
ORDINANCE NO. 07-15
AN ORDINANCE APPROVING A LEASE AGREEMENT FOR THE Vickie O’Connor
Pavilion and Picnic Grounds – also known as the Hydro Plant Picnic Grounds
TOWN OF ESTES PARK, COLORADO
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is appropriate to enter into a lease agreement with Mike and Kathy
Miller for the Vickie O’Connor Picnic Grounds beginning May 13, 2015 and ending
December 31, 2015, and for two consecutive years thereafter.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO, as follows:
1. The Lease Agreement for the Vickie O’Connor Picnic Grounds between the
Town of Estes Park and Mike and Kathy Miller, a copy of which is attached
hereto and incorporated herein by this reference, is hereby approved. The
officials of the Town of Estes Park are hereby authorized to execute the
Lease.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS 12th DAY OF May, 2015.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the 12th day of May, 2015, and published in a newspaper of general
publication in the Town of Estes Park, Colorado on the day of
, 2015.
Town Clerk
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LEASE
THIS LEASE, made and entered into this 12th day of May, 2015, between the TOWN
OF ESTES PARK, Municipal Corporation, hereinafter referred to as Lessor, and Mike
and Kathy Miller hereinafter referred to as Lessee.
WITNESSETH:
Lessor, for and in consideration of the covenants and agreements hereinafter set forth,
to be kept and performed by Lessee, has leased and does hereby lease unto Lessee all
those premises, situate in the Town of Estes Park, County of Larimer, State of
Colorado, known and described as follows to-wit:
VICKIE O’CONNOR PAVILION AND PICNIC GROUNDS also known as the HYDRO
PLANT PICNIC GROUNDS
TO HAVE AND TO HOLD, the above described premises with the appurtenances, unto
Lessee from May 13, 2015 through December 31, 2015, with an option to continue
lease for 2016 and 2017 pending positive review by Town. Lessee in consideration of
the leasing of said premises aforesaid by Lessor to Lessee, covenants and agrees with
Lessor as follows:
1. To pay to Lessor, as rent for said premises, 15% of the gross sales from
the operation of property. For the purposes of this Lease, gross sales shall be the total
amount of funds realized from all rentals of said property and facility. Said rent shall be
due and payable to the Town of Estes Park on or before the 1st day of December,
during the term hereof beginning on May 13, 2015.
2. To keep complete and accurate records of Lessee’s operation of the said
property/facility and make them available to the Town of Estes Park upon request. In
addition, a table of calculations shall be submitted showing the amount due to the Town
of Estes Park. A schedule showing gross sales for each event shall also be presented
with the lease payment.
3. The Lessor shall be liable for repairs and maintenance of all other
equipment identified as property of the Town of Estes Park. In addition, the Lessor
agrees to pay for maintenance of the interior and exterior of the building in accordance
with structural codes and health standards. For general maintenance, i.e. painting and
minor improvements, the Lessor will pay for the materials and the Lessee will provide
manpower. All improvement on said property shall be approved by Town. Lessee will
be responsible for all mowing and other similar maintenance. Lessor shall maintain
roads.
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4. To keep the area safe and clean and in such order as may be required by
the regulations of any governmental authority. This will include the picnic tables and
surrounding area. Lessee shall be responsible for all trash and cleaning of restrooms.
5. Not to alter the building or property in any manner, except with the
Lessor’s written consent.
6. To allow Lessor or its agents to have free access to the demised premises
for the purposes of examining or inspecting the condition of the same.
7. To furnish to Lessor a written physical inventory of the equipment
presently located in the demised premises. Lessee shall keep said inventory current by
written notice to Lessor, whenever there are any additions to equipment.
8. Lessee agrees to procure and maintain during the term of this Lease, the
following insurance coverages:
A. Comprehensive General Liability and Automobile Insurance of at
least $150,000.00 per injury and $600,000.00 per occurrence.
B. The Lessee and the Lessor understand and agree that the Town is
relying on, and does not intend to waive, by any provision of this Lease, the
monetary limitations (presently $150,000.00 per injury and $600,000.00 per
occurrence) or any other rights, immunities and protections provided by the
Colorado Governmental Immunity Act 24-10-101 et seq., C.R.S., as from time to
time amended or otherwise available to the Town or any of its officers, agents or
employees.
C. The Town shall be named as an additional insured on said policies.
9. It is agreed by the parties hereto:
A. All equipment owned by the Lessor, all improvements, and all
fixtures and equipment shall become the property of Lessor when permanently
placed or affixed in the demised premises, and said improvements fixtures and
equipment shall be insured at the Lessor’s expense.
B. In the event of a default by either party in the terms and conditions
hereof, the non-defaulting party shall give the defaulting party ten (10) days’
notice in writing of said default. If said default is not cured within said ten (10)
day period, the non-defaulting party shall be entitled to begin legal proceedings,
including an action for specific performance and/or damages or terminate the
Lease. Damages shall include all reasonable attorney’s fees and court costs
incurred by the non-defaulting party.
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C. In the event that changes occur which materially affect the
operation of the demised premises, either party shall have the option to request
that this Lease be renegotiated.
D. Lessee shall be responsible for all noise complaints and must be
available to respond within 20 minutes. Lessee shall comply with all local codes.
10. Lessee understands and agrees that it is an independent contractor under
the terms and conditions of this agreement. As such, the Lessee is not entitled to
unemployment or insurance benefits through the Town. Also, the Lessee understands
and agrees that it is solely responsible for all Federal and State income tax, FICA taxes
and unemployment insurance taxes. Lessee also understands and agrees that it is
responsible for worker’s compensation coverage and taxes for itself and any employee.
11. All notices, demands or other documents required or desired to be given,
made or sent to either party, under this Agreement shall be in writing, shall be deemed
effective upon mailing or personal delivery. If mailed, said notice shall be mailed,
postage prepaid as follows:
LESSOR LESSEE
Town of Estes Park Mike and Kathy Miller
Attn: Community Services Director _______________
P. O. Box 1967 _______________
Estes Park, CO 80517
12. Lessee shall not have the right to sublease facility to any third party for all
or a portion of the demised premises without the expressed written consent of the
Lessor.
13. Upon termination of this Lease, Lessee shall be entitled to remove all of its
personal property from the property if the same can be removed without damage to
Lessor’s property.
14. Term of contract shall be from May 13, 2015 – December 31, 2015.
Contract can be terminated by either party with 90 days written notice.
15. Lessor will not terminate contract without just cause.
16. All current contracts booked at facility shall be honored. Revenues and %
share on these contracts shall be negotiated.
17. Lessee shall obtain a Town of Estes Park Business License.
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IN WITNESS WHEREOF, the parties have set their hands the day and year first
above written.
LESSOR
TOWN of ESTES PARK, COLORADO
By:____________________________
Mayor
ATTEST:
__________________________
Town Clerk
LESSEE
Mike and Kathy Miller
By:__________________________________
ATTEST:
____________________________
Secretary
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Parks Advisory Board
Greg Muhonen PE, Public Works Director
Date: May 12, 2015
RE: Ordinance #08-15 Art in Public Places
Objective:
Creation of an ordinance and policy to establish procedures and criteria for adding
works of art to the Town of Estes Park public art collection.
Present Situation:
The Town of Estes Park Board of Trustees established a 2015 Objective to develop and
adopt a policy for accepting public art, memorials, and donations. The proposed
Ordinance and Policy are needed to guide decision-making associated with the
selection, acquisition, purchase, commissioning, placement, installation, and
maintenance of public works of art. The new citizen Parks Advisory Board (PAB),
established in May of 2014, has established this proposed Art in Public Places (AIPP)
Ordinance and Policy for the Town of Estes Park Board of Trustees to review and
adopt.
Proposal:
The attached Art in Public Places Ordinance #08-15 and Public Works Policy #880 are
offered to the Town of Estes Park Board of Trustees for review and adoption. The goal
is to establish an AIPP program.
Advantages:
• The proposed AIPP Ordinance and Policy provides consistent and clear
guidance for individuals desiring to donate art to the Town of Estes Park.
• The program facilitates the expansion of the Town art collection which weaves
public art into the everyday experience of our community and creates lasting
impressions to those who experience it.
• Public art enhances our public spaces, compliments our award winning seasonal
floral displays, and makes Estes Park a visitor destination, not only for its natural
beauty, but also for its vibrant arts scene.
• Publicly displayed art creates a sense of place and provides a unique town
identity.
• Public art offers educational opportunities.
Disadvantages:
• Additional art pieces in the collection require additional funding for purchase,
installation, and maintenance.
Action Recommended:
Parks Advisory Board and Town Staff recommend the Art in Public Places Ordinance
#08-15 be adopted by the Board of Trustees at the May 12, 2015 Town Board meeting.
A statement of support from the Board of Trustees for Public Works Policy #880 is also
requested.
Budget:
No budget action is requested at this time. Historically the Board has approved $5000
each year for the maintenance of our art collection (account line item Maintenance
Contracts / 101-5200-452-2501 / maintenance and cleaning sculptures). The PAB
desires to request additional funds each year for the purchase and installation of new
works of art. This will be addressed during the annual budget process.
Added budget would be decided by the board of Trustees for purchase, cost of placing,
and added maintenance.
Level of Public Interest
Medium. The addition and placement of public works of art is of high interest to
members of the arts community.
Sample Motion:
I move for the approval/denial of the Art in Public Places Ordinance #08-15.
Attachments:
Ordinance #08-15 Art in Public Places
Public Works Policy #880 Art in Public Places
ORDINANCE NO. 08-15
AN ORDINANCE FOR ART IN PUBLIC PLACES
WHEREAS, the Board of Trustees has determined the need for an Art in Public
Places Ordinance and Policy; and
WHEREAS, the Ordinance and Public Works Policy #880 address issues and
processes including selection, acquisition, purchase, commissioning, placement,
installation, and maintenance of public works of art; and
WHEREAS, the Bylaws of the Parks Advisory Board (PAB) assign responsibility
to the PAB for the establishment and implementation of a Public Art Policy.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO as follows:
SECTION 1: The Municipal Code of the Town of Estes Park is hereby amended
with the addition of the following chapter, 12.30 Art in Public Places
Sec. 12.30.010 Purpose
The purpose of this chapter is to establish an Art In Public Places (AIPP)
program under the auspices of the Parks Advisory Board (PAB) of the
Town of Estes Park; to provide a means to fund the acquisition of
works of art by the Town which shall become the Town’s collection; to
provide a means to select works of art for the collection; to provide for the
display of the collection, to provide criteria for the acceptance of donated
art for public display; and to provide for the maintenance and repair of the
works of art in the collection.
Sec. 12.30.020 Funds for works of art
The Town Board may allocate in its annual General Fund Budget, funds
for an Art In Public Places program. The funds shall be placed in the
Public Works Parks Division maintenance and capital accounts for the
AIPP program. Funds in the AIPP accounts may come from the Town’s
annual Budget, grants and donations. All funds designated or donated for
acquisition of works of art shall be paid into the specified maintenance or
capital accounts. Any excess or unexpended funds in the AIPP accounts
shall carry forward in the accounts at the end of each fiscal year. Funds
deposited in the AIPP accounts may only be expended for the acquisition,
installation, maintenance and repair of works of art, costs associated with
de-accessioning works of art, and expenses of administration of the AIPP
program.
Sec. 12.30.030 Administration
Responsibility for administration of the AIPP program shall rest with the
Public Works Department with advice from the PAB and curatorial
support from a Curatorial Support Services Provider. The PAB shall
establish and from time-to- time amend, with Town Board approval, criteria
and guidelines governing the selection, acquisition including donations,
purchase, acceptance, commissioning, placement, installation,
maintenance and de-accessioning of works of art. Final decisions about
the acquisition of artwork, and site selection for that artwork rests with the
Town’s Board of Trustees or their designees. The recommendations of
the PAB shall be considered by the Board of Trustees in making those
decisions.
Sec. 12.30.040 Ownership
All permanent works of art acquired pursuant to this ordinance, with the
exception of art loaned to the town, shall be acquired in the name of, and
title shall be held by, the Town of Estes Park.
Sec. 12.30.050 Exemptions
The following are exempt from the provisions of this ordinance:
A. All works of art in the collections of, or under the auspices
of, the Estes Valley Public Library and The Estes Park
Museum.
B. All works of art that are the private, personal property of any
Town employee and that are displayed in Town offices or
other areas of Town-owned facilities that are not generally
frequented by the public.
SECTION 2: This Ordinance shall take effect and be enforced thirty (30) days
after its adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS ______ DAY OF ___________, 2015.
TOWN OF ESTES PARK
By: _________________________
Mayor
ATTEST:
_________________________
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a meeting of the
Board of Trustees on the ______ day of ____________, 2015, and published in a
newspaper of general circulation in the Town of Estes Park, Colorado on the _____ day
of _______________, 2015.
_________________________________
Town Clerk
Effective Period: Until Superceded
Review Schedule: as needed
Effective Date: May 12, 2015
References:
PUBLIC WORKS
880
Art in Public Places
1. PURPOSE
These Guidelines for an Art In Public Places (AIPP) program of the Town of Estes Park
(Town), were developed by the Estes Park Parks Advisory Board (PAB) at the request
of the Town Board of Trustees. The Guidelines describe a process and criteria to be
used to evaluate potential public works of art and projects. The guidelines also detail
the administration of the Art In Public Places program. All Art In Public Places must
conform to and be consistent with all Town codes and regulations.
Following is a definition of public art as it applies to the Estes Park program.
In its broadest sense, public art is any original creation of visual art that is:
• Acquired with public monies,
• Acquired with a combination of public/private funding,
• Acquired by donation or on loan to the Town’s Art In Public Places program or
• Privately sponsored artwork that is located on publically owned land.
Examples of public art include, but are not limited to:
• Sculpture of any form and in any material or combination of materials to include
statues, monuments, fountains, arches, or other structures intended for
ornamentation or commemoration;
• Paintings of all media, including both portable and permanently affixed works such
as frescoes and murals;
• Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics
and other materials;
• Kinetic and/or interactive sculptures;
• Site-integrated artwork created by landscape designers and artists which may
include landscapes and earth-works, integration of natural and human-made
materials, and other functional art pieces. Examples of site-integrated works may
include building features, paving materials, gates, and street furniture.
The AIPP program enriches our community through public exposure to the arts. The
program is achieved through a collaboration between the Town and Estes Park
residents, guests, businesses, organizations (Cultural Arts Council of Estes Park, Art
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Center of Estes Park), and Estes Park K-12 school programs, to develop a diverse art
collection that creates a sense of place, provides a unique town identity, offers
educational opportunities and serves as an economic driver.
The AIPP program weaves public art into the everyday experience of our community
and creates lasting impressions on those who experience it. It enhances our public
spaces, compliments our award winning seasonal floral displays, and makes Estes Park
a visitor destination, not only for its natural beauty, but also for its vibrant arts scene.
2. POLICY
Town Ordinance No. 08-15 establishes the Art In Public Places program under the
auspices of the Parks Advisory Board of the Town of Estes Park
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TABLE OF CONTENTS
1. PURPOSE ....................................................................................................................................................... 1
2. POLICY............................................................................................................................................................ 2
3. PROCEDURE ................................................................................................................................................. 5
a. ADMINISTRATION AND CURATORIAL SUPPORT.................................................................... 5 i. Parks Advisory Board (PAB)........................................................................................................................ 5 ii. Curatorial Support Services Provider ...................................................................................................... 5
b. GUIDELINES ......................................................................................................................................... 6
c. FUNDS FOR WORKS OF ART ........................................................................................................... 6 i. Reserve Account Established ...................................................................................................................... 6
d. DEFINITIONS ....................................................................................................................................... 7
e. SELECTING WORKS OF ART ........................................................................................................... 8 i. Direct Purchase ................................................................................................................................................. 8 ii. Open Competitions .......................................................................................................................................... 9
f. DISPLAY OF ART IN PUBLIC SPACES ........................................................................................ 10
g. OWNERSHIP OF WORKS OF ART ............................................................................................... 10 i. Exemptions Of Ownership Of Works of Art ........................................................................................ 11
h. ACQUISITION OF WORKS OF ART ............................................................................................. 11
i. TEMPORARY PUBLIC WORKS OF ART ..................................................................................... 11
j. ARTIST SELECTION CRITERIA .................................................................................................... 12
k. SITE SELECTION FOR WORKS OF ART ..................................................................................... 12 i. Display Standards ......................................................................................................................................... 12 ii. Town Department Input ............................................................................................................................. 13
l. POST-SELECTION PROCESS ......................................................................................................... 13 i. Contracts........................................................................................................................................................... 14
m. DONATING A WORK OF ART ....................................................................................................... 14 i. Background And Definitions ..................................................................................................................... 14 ii. Process For Consideration ......................................................................................................................... 14 iii. Review Considerations ............................................................................................................................... 15
n. DE-ACCESSIONING A WORK OF ART ........................................................................................ 15 i. Basis For De-Accessioning ......................................................................................................................... 15 ii. Process/Disposition ..................................................................................................................................... 16
o. MAINTENANCE GUIDELINES FOR WORKS OF ART .............................................................. 16 i. Goal ..................................................................................................................................................................... 16 ii. Definitions ........................................................................................................................................................ 17 iii. Process .............................................................................................................................................................. 17 iv. Implementation ............................................................................................................................................. 19
p. PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW) ................... 20 i. Goal ..................................................................................................................................................................... 20 ii. Installations Adjoining The ROW ............................................................................................................ 20 iii. Installations Within The ROW ................................................................................................................. 21
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APPENDIX 1 - FORMS ...................................................................................................................................... 23
a. Contract for Commission of Artwork ...................................................................................... 23
b. Artwork Donation Form .............................................................................................................. 30
c. Artwork Loan Agreement ............................................................................................................ 32
d. Request for Proposals ................................................................................................................... 34
e. Curatorial Support Services Provider Agreement .............................................................. 37
ACKNOWLEDGMENTS
The Town of Estes Park, Parks Advisory Board would like thank the following, and
acknowledge their valuable input to development of these guidelines.
City of Loveland, Colorado, Visual Arts Commission
City of Fort Collins, Art In Public Places Program
Town of Vail, Art In Public Places Strategic Plan
Greeley Art Commission and City of Greeley, Colorado, Art Master Plan
City of Grand Junction, Colorado, Art In Public Places Program
Executive Director of the Estes Park Museum
Executive Director of the Cultural Arts Council of Estes Park
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3. PROCEDURE
a. ADMINISTRATION AND CURATORIAL SUPPORT
i. Parks Advisory Board (PAB)
Administration of the AIPP program shall rest with the Public Works Department
with advice from the PAB and curatorial support from a Curatorial Support
Services Provider. The PAB shall consist of citizens living in the Estes Valley for
at least 2 years and having experience with trees, weeds, public art, trails or park
design. There shall be 7 members, appointed by the Town Board, who shall
serve without compensation.
The PAB shall establish and amend, with Town Board approval, criteria and
guidelines governing the selection, acquisition (including donations), purchase,
commissioning, placement, installation, and maintenance of public works of art.
Final decisions about the acquisition of artwork and site selection for that artwork
rests with the Town Board of Trustees or their designees. The recommendations
of the PAB shall be considered by the Board of Trustees in making those
decisions.
Recommendations for selection and placement of works of art shall be prepared
in consultation with representatives of the Town department having responsibility
for maintenance of the work of art. Following placement or installation,
maintenance and repair of works of art shall be the responsibility of the Town
department having possession of the work(s), with the advice and guidance of
the PAB. Any proposed works of art requiring extraordinary operation or
maintenance expenses shall receive prior approval of the department head
responsible for such operation or maintenance.
ii. Curatorial Support Services Provider
A representative of the curatorial support services provider shall serve as an ex-
officio and nonvoting member of the PAB. The role of the curatorial support
services provider shall be to perform such duties as set forth in these guidelines
as they pertain to the Town’s Art In Public Places program. (see “Exhibit E” in
the Appendix)
The curatorial support services provider shall maintain a detailed record of all art
in public places, including, but not limited to, accession numbers, site drawings,
photographs, designs, names of artists, and names of architects whenever
feasible. The curatorial support services provider shall be reimbursed for actual
expenses incurred as expenses of curatorial support, subject to Town approval.
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b. GUIDELINES
The Parks Advisory Board shall adopt guidelines:
1. To identify suitable works of art for the Town collection.
2. To facilitate the preservation of works of art that may be displayed in public
places.
3. To prescribe a method or methods for competitive selection of works of art for
display.
4. To prescribe procedures for the selection, acquisition (including the
acceptance of donated works of art), and display of works of art in public
places.
5. To set forth any other matter appropriate to the administration of the AIPP
program.
c. FUNDS FOR WORKS OF ART
1. The Town Board may allocate in its annual Budget, funds for an Art In Public
Places program. The funds placed in the accounts for the AIPP program may
be expended as defined in these guidelines under “Reserve Account
Established” below.
2. Patrons may donate a piece of art to the Town of Estes Park for the AIPP
program. In accepting a donation, the Town may, at its discretion, accept
responsibility for funding the transport, site preparation and installation of the
piece.
3. Patrons may donate funds for the acquisition of a piece of art for the AIPP
program. In accepting the donation, the Town will allocate a portion of the
donation for transport, site preparation and installation of the piece. The fund
shall be placed in the reserve account for the AIPP program and may be
expended as defined in these guidelines under “Reserve Account
Established” below.
4. An artist may donate a piece of art to the Town for the AIPP program. In
accepting the donation, the Town may, at its discretion, accept responsibility
for funding the transport, site preparation and installation of the piece.
i. Reserve Account Established
Maintenance and capital accounts for the Art In Public Places program have
been established within the Public Works Parks Division annual budget. Funds
deposited in the AIPP accounts may only be expended for the acquisition,
installation, maintenance and repair of works of art, costs associated with de-
accessioning works of art, and expenses of administration of the AIPP program.
Funds in the AIPP accounts may come from the Town’s annual Budget, grants
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and donations. All funds set aside or donated for works of art shall be paid into
these accounts. Any excess or unexpended funds in the AIPP reserve account
shall carry forward in this account at the end of each fiscal year. Any funds
generated from the de-accessioning of any works of art shall remain in the
reserve account.
d. DEFINITIONS
• “Art In Public Places” means any visual work of art displayed for two weeks or
more in an open town-owned area, on the exterior of any Town-owned facility,
inside any Town-owned facility in areas designated as public areas, or on
non-Town property if the work of art is installed or financed, either wholly or in
part, with Town funds or grants procured by the Town.
• “Town Board” means those elected officials serving as Trustees of the Town.
• “Parks Advisory Board” (PAB), means that Board created in Section
_____#__________ of the Municipal Code.
• “Reserve account” means the AIPP reserve account defined by these
guidelines. The AIPP reserve account shall be used for acquiring or funding:
works deemed, by the PAB, to be appropriate for the Town’s collection.
• “Patron” means a person who gives financial or other support to an
organization, cause or activity.
• “Work of art” means all forms of original creations of visual art, including but
not be limited to:
o Paintings of all media, including both portable and permanently affixed
works such as frescoes and murals;
o Sculpture of any form and in any material or combination of materials.
This includes statues, monuments, fountains, arches, or other
structures intended for ornamentation or commemoration;
o Crafts and folk art works in clay, fiber, textiles, glass, wood, metal,
mosaics, plastics, and other materials;
o Kinetic and/or interactive sculptures; or
o Site-integrated artwork created by landscape designers and artists
which includes landscapes and earth-works, integration of natural and
human made materials, and other functional art pieces. Site-integrated
works may include building features, gates, street furniture, and paving
materials.
o “Site” refers to a specific location being considered for or currently
displaying a work of art.
o “Project” means an existing plan or proposal where installation of a
work of art may be under consideration.
o “Mass Produced” means a work of art that has been reproduced for
mass distribution.
o “Curatorial Support Services Provider” means that entity or
organization selected by the Town to provide, subject to annual
budgetary limits approved by the Town Board of Trustees, on-going,
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permanent documentation of the Town public art collection. They may
also provide recommendations for installation and maintenance of the
various types of art in the collection.
o “Mural” means any work of visual art painted or applied directly on a
wall, ceiling or other large permanent surface
o “Guidelines” means that document prepared, and periodically reviewed
o and updated by The Parks Advisory Board and approved by the Town
Board.
e. SELECTING WORKS OF ART
In performing its duties with respect to AIPP program, the Town will strive to
integrate the creative work of artists into public projects to thereby increase our
residents’ and visitors’ experience and improve the economic vitality of the Town
through the enhancement of public spaces in general and the pedestrian landscape
in particular. In doing so, special attention will be given to the following.
A. Conceptual compatibility of the design with the immediate environment of the
site.
B. Appropriateness of the design to the function of the site.
C. Compatibility of the design and location with a unified design character or
historical character of the site.
D. Creation of an internal sense of order and desirable environment for the
general community by the design and location of the work of art.
E. Preservation and integration of natural features of the site.
F. Appropriateness of the materials, textures, colors and design to the
expression of the design concept.
G. Representation of a broad variety of tastes within the community and the
provision of a balanced inventory of art in public places to insure a variety of
style, design and media throughout the community.
H. Ongoing maintenance expenses of the work of art.
I. Safety and risk impacts to the Town, guests and general public associated
with the work of art. (approval of the Town Risk Manager and CIRSA required
prior to acceptance or installation of any work of art)
Selection of a work of art may be Town or otherwise initiated. These guidelines
apply in both instances. Additional guidelines apply to donations of works of art and
they may be found in other sections of this document.
i. Direct Purchase
The Town may purchase existing artwork from an artist/owner in unique
circumstances (e.g. when the price presents an economic advantage) or to meet
one of the AIPP program goals. The PAB, with Town approval, may approach an
artist or an artist may approach the PAB.
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Artists who have a finished work of art that they wish the Town to consider for
purchase should submit the following to the PAB:
1. A proposal sheet with the artist’s name, title of the artwork, dimensions,
medium, date produced, price, location, number of reproductions,
restrictions on reproduction, and other information the artist deems
pertinent.
2. A resume and references.
3. A maquette and/or images or the actual work for review. (Images may be
provided electronically or by hard copy and should show all sides,
providing the proper scale of the work).
4. A cover letter explaining why the work should be added to the Town’s
public art collection.
5. A conservation assessment describing the artwork’s condition, along with
a maintenance plan. (The plan should include an explanation of the
expected life span of the work while placed in a public environment,
specifying the type of environment in which the artwork may be placed. It
should also discuss whether the artwork may be prone to vandalism and
how the effects of any vandalism may be mitigated; it should be authored
by a qualified conservator or the artist.)
6. The PAB and/or the Town may request additional information.
The PAB typically reviews direct purchases of works of art twice per calendar
year; however, exceptions may be made if deemed appropriate by a majority of
the PAB members.
ii. Open Competitions
Competitions are open to artists within the geographic limits and other
specifications set by the Town (which varies from competition to competition).
The Town strives to maintain balance between competitions involving local artists
only and artists from a larger area. The Town process for typical competitions is
as follows.
1. The Town provides a project description, budget, time schedule, and
summary of duties and obligations.
2. The artist shall provide a maquette and site drawing (if appropriate),
design, concept statement, recommended installation and maintenance
requirements, budget, photographs, resume and references.
3. Proposals shall be considered by the jury, and a final choice or choices
will be presented to the Town for acceptance. Jury composition varies
and is determined by the PAB, but juries typically include representative(s)
from the designated site and the PAB.
4. Entry materials will be returned to the artist only if requested and
appropriate packaging, postage and insurance are included with the entry
by the artist.
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The Parks Advisory Board recognizes that works of art often significantly alter
public places, becoming a new, major presence in the environment. In recent
decades, visual art has rapidly evolved and diversified, creating at times a gap
between visual art and its appreciation by the general public. The AIPP program
shall endeavor to bridge this gap, by broadening
community awareness of the issues involved in visual art and its historical
context, and encouraging informed debate among all segments of the
community.
f. DISPLAY OF ART IN PUBLIC SPACES
A. Works of art selected and implemented pursuant to the provisions of this
chapter may be 1) placed in, on or about any public place or, 2) by agreement
with the owner thereof, placed on any private property with substantial public
exposure in and around the town. Works of art owned by the Town may also
be 3) loaned for exhibition elsewhere, upon such terms and conditions as
deemed necessary by the PAB.
B. All art in public places shall receive the prior review and approval of the Town
Board. None shall be removed, altered or changed without the prior review
and approval of the Town Board, unless necessary for repair, temporary
relocation or for the safety of the general public.
C. No work of art financed either wholly or in part with Town funds or with grants
procured by the Town shall be installed on privately owned property unless
the following condition is met. A written agreement must be prepared and
signed between the Town and the owner of the property specifying the
proprietary interests in the work of art and specifying other provisions deemed
necessary or desirable by the Town attorney. In addition, such written
agreement shall specify that the private property owner assures:
1. The installation of the work of art will be done in a manner which will
protect the work of art and that takes into consideration public safety;
2. The work of art will be maintained in good condition; and
3. Insurance and indemnification of the Town will be provided as is
appropriate.
D. Installation, maintenance, alteration, refinishing and moving of art in public
places shall be done in consultation with the artist whenever feasible.
E. The Cultural Support Services Provider shall maintain a detailed record of all
art in public places, including accession numbers, site drawings, photographs,
designs, names of artist, names of architects and correspondence between
all parties involved in the creation, acquisition, placement, and display of art
work whenever feasible.
g. OWNERSHIP OF WORKS OF ART
All permanent works of art acquired pursuant to these guidelines, with the exception
of art loaned to the town, shall be acquired in the name of and title shall be held by
the Town of Estes Park.
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i. Exemptions Of Ownership Of Works of Art
The following are exempt from the provisions of these guidelines:
A. All works of art in the collections of, or under the auspices of, the Estes
Valley Public Library and The Estes Park Museum.
B. All works of art that are the private, personal property of any Town
employee and that are displayed in Town offices or other areas of Town-
owned facilities which are not generally frequented by the public.
h. ACQUISITION OF WORKS OF ART
Public art may be acquired through commissioning a site-specific work (see “Exhibit
D” in the Appendix), direct purchase (see “Exhibit A” in the Appendix), or donation of
a work of art (see “Exhibit B” in the Appendix).
A commissioned work of public art typically involves selecting an established artist to
develop a piece of artwork for an identified location or use. An established artist is
an artist who has sold one or more piece(s) of art. If site specific, the artwork must
conform to the Town of Estes Park AIPP program regarding the site’s functional
context, its architecture, its location, its relationship to the adjacent terrain, and its
social context. If a work of art is commissioned for a specific use it must meet the
requirements set forth by the AIPP.
The PAB is entrusted to develop criteria for commissioned projects and to site other
acquired works. The PAB’s administrative policies, selection and placement criteria
are detailed in these Guidelines.
Periodically the Town of Estes Park or the Parks Advisory Board may be offered
donations of works of art. Donations are subject to the same policies and criteria of
the AIPP program as any other work of art being considered by the Town. The PAB
has the discretion, subject to program policies, to recommend to the Town Board
either accepting or rejecting any work of art offered to the Town for public art
purposes.
i. TEMPORARY PUBLIC WORKS OF ART
The PAB may, at its discretion, recommend to the Town Board sites within the Town
of Estes Park as locations for the display of temporary works of art otherwise
meeting the criteria detailed in these guidelines. Sites will be selected for their
visibility and access to both visitors and residents to the town. The display of
temporary art has several goals. They are:
1) enriching our community, 2) providing exposure to artists working in a variety of
media, and 3) allowing for the exhibition of a wide variety of works of art that may
supplement and enhance the permanent Town art collection.
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A selected artwork must exemplify commitment to quality and innovation. A
temporary art exhibit may be held with the intention of creating a mutually beneficial
partnership between the Town of Estes Park and artists working both within and
outside of the community.
Selected artists will enter into a standard lease agreement with the Town of Estes
Park (see “Exhibit C” in the Appendix), for each work of art proposed for exhibition.
The length of the lease may be for up to one year. A ten-percent (10%) sales
commission is collected by the Town for any temporary work of art that is sold during
the exhibition and the funds deposited into the AIPP reserve account.
j. ARTIST SELECTION CRITERIA
When evaluating the possibility of working with a particular artist, the PAB generally
considers the following factors.
• The artist’s presentation.
• The ability of the artist to work cooperatively and effectively with stakeholders.
• The technical feasibility of a proposed project and the artist’s technical ability.
• Other factors deemed by the PAB to be important.
k. SITE SELECTION FOR WORKS OF ART
The PAB is charged with recommending to the Town sites for purchased or donated
artwork. The PAB generally considers the following criteria in matching an artwork
with a display site.
i. Display Standards
1. Conceptual compatibility of the design with the immediate site
environment.
2. Appropriateness of the design to the function of the site.
3. Compatibility of the design and location with a unified design character or
historical character of the site.
4. Creation of a desirable environment for the general community by the
design and location of the work or art.
5. Preservation and integration of natural features of the site.
6. Appropriateness of the materials and design to the expression of the
artist’s concept.
7. Representation of a broad variety of tastes within the community and the
provisions of a balanced inventory of art in public places to ensure a
variety of style, design, and media throughout the community.
8. Visibility and accessibility.
9. Public safety.
10. Car and pedestrian traffic patterns, and other Right of Way considerations.
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11. Site conditions/constraints: existing landscaping, site furnishings, water
for irrigation, drainage, grading, electrical source for lighting, and other
utility considerations such as depth of existing utilities, access to natural
gas hook up, etc.
12. Environmental impacts such as noise, sound, light and odors.
13. Impact on operational functions of the Town such as snow removal,
mowing operations, etc.
14. Compatibility with the site function.
15. Susceptibility to vandalism.
16. Costs of site preparation.
17. Existing works of art in/near the site area.
18. Impact on adjacent property owners.
19. Any other criteria deemed by the PAB to be important.
ii. Town Department Input
Whether 1) working to select artwork for a designated site, or 2) selecting a site
for an already acquired artwork, the PAB shall solicit input from relevant Town
departments. Relevant departments will typically be 1) a department receiving
artwork in/on its building/grounds, or 2) a department whose general
responsibilities will be materially impacted by the placement of a work of art at a
particular site (visual sightline obstruction, mowing or snow removal operations,
etc.), 3) town risk management staff.
The PAB will, through the staff liaison to the PAB, contact the director of the
relevant department(s) to discuss potential sites and will invite the director to
serve on any formal selection committee. The PAB encourages participation by
the relevant department director. Selection processes which are determined by
the PAB may vary by project. The PAB will ask the director of the relevant
department to provide any concerns he or she has about the sites and/or their
impact on department operations before a selection process is
concluded/finalized.
l. POST-SELECTION PROCESS
Once a site has been selected, an installation plan will be developed by the Town
and the host department, with input from the artist, donor, and contractor when
appropriate. Following installation, the designated representative(s) of the PAB and
the relevant department director will meet to inspect the site and sign off on the
finalized project.
At the time of an acquisition, by donation or purchase, the proposed budget for a
work of art should include all costs of installation, which may include (1) plinths or
other display components; (2) site development, including landscaping and irrigation
system installation or modification; and (3) an identification plaque.
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i. Contracts
Following final selection of a work of art or artist, a written contract shall be
prepared by the Town Attorney. Executed contracts shall be filed with the Town
Clerk and a copy placed in the artwork accession file managed by the curatorial
support services provider.
m. DONATING A WORK OF ART
i. Background And Definitions
The Town of Estes Park’s collection consists in large part of donations from arts
organizations and private parties. Needless to say, donations are an important
part of the collection. The AIPP program has limited funds for administration,
preservation and maintenance of works of art. Likewise, there are a limited
number of suitable municipal sites appropriate for the installation of works of art.
To ensure the quality of the collection, the PAB uses these guidelines to decide
whether a proposed donation is appropriate for addition to the Town’s collection.
The Town, with advice from the PAB, accepts only those works that will, in its
discretion, further the overall goals of the AIPP program.
ii. Process For Consideration
The Town requests that individuals or entities interested in donating a work of art
follow these steps.
1. Submit a complete official donation application. This form may be
obtained from the Town website or from the Town Clerk.
2. Provide a maquette and/or images or the actual work for review. Images
may be provided electronically or by hard copy and should show all sides
and the proper scale of the work.
3. Include a cover letter explaining that you are offering the work of art to the
Town as a gift and explain why the work should be added to the Town’s
public art collection.
4. Provide a copy of the artist’s resume or biography; information about the
artist’s significance; and digital images showing a sampling of the artist’s
work.
5. Provide information about the artwork’s provenance, exhibition history,
and a current estimate of value. Include a letter of authenticity from the
artist, if possible.
6. Provide a conservation assessment describing the condition of the work of
art, along with a maintenance plan. The plan should include an
explanation of the expected life span of the work of art while placed in a
public environment, stipulating the type of environment (interior/exterior) in
which the work of art may be placed. The plan should also discuss
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whether the work of art may be prone to vandalism and how the effects of
any vandalism may be mitigated; it should be authored by a qualified
conservator or the artist.
7. The PAB and/or the Town may request additional information.
8. The PAB is unlikely to consider any donation that requires immediate or
extensive maintenance.
The PAB typically reviews potential donations of works of art twice per calendar
year (in January and July); however, exceptions may be made if deemed
appropriate by a majority of the PAB members. After review, the PAB may
choose to recommend to the Town to accept or decline or to table an offer.
iii. Review Considerations
In reviewing a potential donation, the PAB typically considers the information
requested above, as well as aesthetic quality (including craftsmanship),
compatibility with the Town’s existing public art collection, and budget (i.e.
maintenance requirements and installation costs). The PAB may also consider
other factors contained in its acquisition guidelines.
n. DE-ACCESSIONING A WORK OF ART
De-accessioning is a procedure for withdrawing a work of art from the Town of Estes
Park’s public collection. The PAB is responsible for recommending to the Town
Board whether any piece(s) should be de-accessioned.
i. Basis For De-Accessioning
The Town may de-accession an artwork for one or more or the following reasons.
• The artwork endangers public safety.
• The work of art has been determined to be in unsatisfactory condition.
• The work of art lacks a suitable display site.
• The condition or security of the work of art cannot be reasonably
guaranteed where located.
• The work of art is attached to a structure slated for destruction, remodeling
or repair (so that it is not practical to keep it).
• The work of art is or has become incompatible with the rest of the
collection.
• The Town wishes to replace the work of art with a piece of more
significance.
• The work of art requires excessive maintenance or it has faults of design
or workmanship.
• The work of art is found to be fraudulent or not authentic.
• The Town cannot properly care for or store the work of art.
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• For any other reason articulated by the Town, in its discretion.
ii. Process/Disposition
The PAB will review the works of art in the Town’s collection at least once every
five years to determine whether any piece(s) should be recommended to be de-
accessioned. In addition, the Town reserves the right to de-accession a work of
art at any time deemed appropriate.
De-accessioning may only be considered during a monthly or a special meeting
of the PAB. A majority of PAB members in a quorum must approve de-
accessioning for two consecutive votes. After the first vote, a public
announcement of the plan to de-accession must be made to permit public input
prior to the second vote. Following the second vote, and upon approval of the
Town Board, the work of art shall be officially de-accessioned from the Town
collection.
Nothing in this section precludes the Town from immediately removing or
modifying any piece of art due to safety or maintenance concerns, or temporarily
to protect the work of art during any public or private improvements or
construction. Any work of art removed by the Town is subject to the de-
accession process described in these guidelines, if it cannot be replaced,
relocated or repaired.
The PAB may consider the following options for disposition of a de-accessioned
artwork.
1. Return to the artist.
2. Sale or trade.
3. Destruction (which shall be reserved for works deteriorated or damaged
beyond reasonably-priced repair).
4. Donation.
5. Any option deemed appropriate by the PAB.
o. MAINTENANCE GUIDELINES FOR WORKS OF ART
i. Goal
The goal of the AIPP Maintenance Policy is to properly maintain the Town’s
collection of publicly owned works of art to ensure Estes Park citizens’ long-term
enjoyment of the collection. The AIPP Maintenance guidelines spell out the
documentation, preservation, and maintenance processes that will support that
goal. The AIPP Maintenance guidelines will be implemented on a piece-specific
basis that recognizes the value of each work of art in the collection.
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ii. Definitions
A. The term “Art In Public Places” refers to any visual work of art displayed
for two weeks or more in an open Town-owned area, on the exterior of
any Town-owned facility, inside and Town-owned facility in areas
designated as public areas, or on non-Town property if the work of art is
installed or financed, either wholly or in part, with Town funds or with
grants the Town has procured.
B. The term “work of art” refers to, but is not limited to, a sculpture,
monument, mural, fresco, relief, painting, fountain, banner, mosaic,
ceramic, weaving, carving, and work of/piece of stained glass. The term
“work of art” would not normally include landscaping, architectural
ornamentation, or signs.
C. “Documentation” includes, but is not limited to, periodic condition reports,
records of actual maintenance performed and an assessment of those
efforts, photographs, artist’s maintenance recommendations, methods and
materials, information, potential problems with the work of art, finishes
information (e.g., painters name; when, where, what, and how the piece
was finished), quality of materials used, installation information, warranties
and professional and other knowledgeable opinions regarding
preservation and maintenance. The documentation may also include the
artist’s resume, artwork history, where the work has been exhibited, and a
personal interview with the artist.
D. “Preservation” includes placement; installation; security; regularly
scheduled maintenance and emergency repairs (with consideration to the
natural process of aging).
E. “Maintenance” will be performed according to a scheduled piece-specific
plan to clean, repair, and preserve each work of art in the Town’s public
collection. A maintenance plan for outdoor works of art placed in
landscaped settings may include regular tree/shrub pruning or, when
necessary, re-planting to maintain desired sight lines for viewing the work
of art. All maintenance plans will include a means to assess the ongoing
effectiveness of preservation.
iii. Process
1. Documentation. Initial documentation will be provided by at the time an
artist/donor submits a work of art for consideration, prior to a piece being
accepted into the Town collection. A standardized form, completed by the
artist/donor, will be used for this purpose. The PAB, appropriate Town
departments (Public Works, Parks Division), outside contractors, service
people and experts may be asked to review this documentation.
Documentation will reside in the records of the curatorial support services
provider and their representative to the PAB will be responsible for
creating, keeping and periodically updating the documentation. The PAB
will use the projected cost of maintenance as one consideration in its final
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determination of acceptance and placement. Although documentation and
maintenance recommendations alone will not be used to specifically
exclude artwork from the Town collection, the recommendation may play a
role in that final determination. The AIPP reserve fund may be used to
pay for acquiring critical, missing documentation not obtained at the time
of acquisition of a work of art.
2. Maintenance documentation. When a work of art is accepted into the
Town collection, minimum, “benchmark” level of maintenance and a
maintenance schedule will be established for it. The documentation will
include a standard for regular maintenance (e.g. timing, type of
maintenance) and identify any maintenance issues that may require
special attention. Each medium will require knowledgeable people to
develop maintenance criteria. In addition, the maintenance criteria may
include future historic and aesthetic considerations for each piece. The
maintenance documentation may be reviewed and revised as needed.
3. Inspection and Condition Report. Upon a schedule recommended by the
PAB, the curatorial support services provider will initiate and produce an
inspection and condition report. Paid professional condition
appraisers/conservators and/or knowledgeable volunteers, craftspeople or
industry experts may perform the inspection for each piece. The
inspection and condition report will become part of the permanent
documentation for the specific work of art and will reside with the curatorial
support services provider.
4. Regular maintenance. Town Parks Division staff, paid professionals
and/or trained and supervised volunteers will perform regular maintenance
of works of art based upon the maintenance schedule and condition report
for each specific work of art. Maintenance will be performed upon a
recommended schedule developed by the PAB in consultation with the
representative of the curatorial support services provider each year.
5. Special Maintenance. Paid professionals/craftspeople or
knowledgeable/trained volunteers will perform maintenance that requires
specialized tools, equipment, or knowledge on an “as needed” basis. The
representative of the curatorial support services provider, in consultation
with the PAB will use the condition report and/or site visits to determine
need.
6. Emergency Maintenance or Repair. Paid professionals/craftspeople or
knowledgeable/trained volunteers will perform emergency
maintenance/repair on an “as needed,” timely basis as determined by the
representative of the curatorial support services provider in consultation
with the PAB.
7. Construction, Remodeling, Painting & Repair. Whenever construction,
remodeling, painting or other maintenance projects undertaken by the
Town may adversely impact any work of art in the Town collection the
PAB is to be notified in advance of the work commencing. A plan to
protect and preserve the likely to be impacted works of art is to be
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developed, in conjunction with the representative of the curatorial support
services provider, and approved by the PAB prior to work commencing.
iv. Implementation
1. Maintenance Plan Implementation. The Department of Public Works staff,
Parks Division staff and the representative of the curatorial support
services provider will monitor the AIPP maintenance plan and will report to
the PAB annually, or more often if needed, on the status of art work
maintenance. The Department of Public Works staff and the
representative of the curatorial support services provider will monitor and
report to the PAB on quality control, evaluation and corrective
maintenance actions carried out under the approved plan.
2. Funding. Funding for maintenance will be established through a budget
developed annually by the Department of Public Works and Parks Division
staff and presented to the PAB in November. Funds for maintenance may
come from the AIPP reserve account or be a line item in the appropriate
Town department’s annual operating budget. Maintenance funding of
works of art in the permanent Town collection will take precedent over
new art purchases.
3. Contract Services. Contracts with paid professionals/craftspeople will
follow established Town guidelines and will be handled through the
appropriate Town department.
4. Quality Control. The PAB believes in regulating the quality of
maintenance to an established standard. Therefore the PAB will work
over time to collect and assimilate maintenance data pertinent to the
various types of works of art in the Town’s collection (e.g. Lacquer vs.
waxing, annual vs. biannual maintenance, professional vs. trained
volunteer, etc.) The PAB, the representative of the curatorial support
services provider, and Public Works Department staff will use this data to
develop specific quality standards and devise ways to measure if the
standards are met. Once established, the standards will be used to collect
relevant data, analyze that data, and create corrective action plans as
needed. The Public Works Department staff will identify specific areas of
comparison (e.g. using multiple contractors and comparing the results of
their work) and documenting specific maintenance challenges and failures
(and their solutions).
5. Policy Review. Annually, in November, PAB members, and/or the Director
of Public Works will recommend changes to the AIPP Maintenance
guidelines to the PAB.
6. Attachments. Samples of forms to be used to implement the AIPP
program are to be found in the Appendix section of these guidelines and
may be modified by the PAB as needed during the annual guidelines
review process.
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p. PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW)
i. Goal
The goal of this policy is to develop a framework for the consideration of works of
art that will enhance the community and the travel corridor of the ROW. The
guidelines do not rule out any particular application, as every installation should
be weighed in relation to the location, the factors noted below, as well as the
other impact values.
Leadership for consideration of all projects and installations rests primarily with
the Town of Estes Park PAB. Staff liaison support is provided through the Public
Works Department and in cases that impact the ROW, Public Works will guide
the process of securing collaborative support from other Town departments as
well as from other governmental agencies (i.e. CDOT, etc.).
Public Works can and will provide support, professional expertise, and
advisement as needed for installations selected by the PAB. Primary contact will
be through the Public Works Director and any staff member who will be
supporting the project(s). In installations that involve CDOT ROW, Public Works
will develop a plan to address the separate contracts, review, and inspection
requirements necessary with these projects; this may include cost considerations
for project management if the size of the installation is large.
The Town of Estes Park utilizes the Manual of Uniform Traffic Control Devices
(MUTCD) when determining uses, signage, visual sightline requirements, and
other issues that impact the ROW. The MUTCD is nationally accepted as the
primary standard for these requirements.
ii. Installations Adjoining The ROW
When considering installations along the ROW the following factors shall be
considered by Public Works in making a determination about a particular
installation.
1. ADA requirements.
a. For example: does the installation impact the egress of
handicapped individuals?
2. Impact on flow of pedestrians, bicycles, or traffic.
a. For example: does the installation cause undue interruption of the
flow of individuals on a sidewalk or cross walk?
3. Safety Impacts.
4. Maintenance requirements/modifications that may be created by the
installation.
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iii. Installations Within The ROW
When considering installations in the ROW the following factors must be
considered and resolved collaboratively with all stakeholders, with Public Works
making a final determination about a particular installation.
1. ADA requirements.
2. Impact on flow of pedestrians, bicycles, or traffic.
3. Maintenance requirements that may be created by the installation.
4. Safety impacts.
a. Does the installation cause undue distraction for drivers, so that
vehicles are more likely to cause accidents from slowing or
disorientation?
b. Does the installation cause a blockage of sightlines such that safety
for drivers, pedestrians, or cyclists is compromised?
i. These sightlines will be different in each installation so size
may be a factor at certain locations. For example in an
installation at a traditional intersection location close to the
sightlines at the corners may create a significant hazard; or
within roundabout installations that create blind spots for
drivers related to pedestrians will create a significant hazard.
ii. Height of installations is not generally an issue except when
a foundation structure is required that may limit visibility for
pedestrians in wheelchairs or may cause drivers to “rubber
neck” for better viewing.
c. When installations are within the ROW project planners must be
sensitive to works of art that may draw pedestrians into the traffic
flow for viewing. In roundabout situations this is a critical factor as
these traffic designs are developed to keep speeds relatively high
and do not have clear locations for drivers to stop, generally
roundabout islands are not designed in such a manner as to
accommodate pedestrian traffic. If a work of art is designed into a
roundabout prior to construction it may be possible to create and
place design elements that can accommodate these issues. It is
also recommended that placement of recognition for works of art
(artist signatures, plaques describing the work of art, etc.) are
placed outside of the roundabouts flow of traffic versus on the
island itself.
Approved:
_____________________________
Frank Lancaster, Town Administrator
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_____________
Date
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APPENDIX 1 - FORMS
a. Contract for Commission of Artwork
CONTRACT FOR COMMISSION OF ARTWORK
ESTES PARK, COLORADO
This Agreement is entered into this (day, month, year) by and between the Town of
Estes Park, Colorado (herein after called “the Town”) and (artist’s full name) (hereinafter
called “the Artist”).
Recitals
In con junction with (project name), the Town has allocated funding from the Art In
Public Places program reserve fund in the amount of $_______ to acquire artwork
which will be created and installed in (location). This agreement is for artwork to be
installed (location description). The Artist was selected through a competitive process
by the Parks Advisory Board.
Based on these foregoing recitals and the terms and conditions set forth herein, THE
PARTIES AGREE AS FOLLOWS:
ARTICLE 1. SCOPE OF SERVICES
1.1 Artist’s Responsibility
A. The Artist shall perform all services and be responsible for all expenses,
materials, supplies, and equipment necessary to design, fabricate, deliver, and
install Artwork consisting of _______________ (description of the
artwork)__________________.
B. The Artist’s services shall be performed in a professional, timely, and
workmanlike manner and in strict compliance with all terms and conditions in this
Agreement. The Artist is responsible for all costs, expenses, and fees associated
with the design, engineering, fabrication, installation, lighting, site visits, and
insurance of the Artwork.
C. The Artist shall coordinate the installation of the Artwork with the Town. The
Artist agrees to repair and/or replace any damage caused by the Artwork
installation at his expense, whether caused by the Artist or by anyone the Artist
engages to assist him, to the satisfaction of the Town’s designated
representative (“Town Representative”), as set forth in this Agreement. The
person designated as “Town Representative” is the Chairperson of the Parks
Advisory Board.
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D. The Artist is an independent contractor and not an agent or employee of the
Town.
E. The Artist shall secure any necessary engineering work and is responsible for all
site preparation.
F. The Artist will provide the concrete foundation on which the sculpture will sit.
G. In performance of the work described herein, the Artist shall comply with all
applicable federal, State and Town laws, rules, and regulations, including but not
limited to, applicable copyright, building and life, health and safety codes.
H. The Artist shall indemnify and hold the Town harmless from any damage or injury
claims made by a third party(ies) arising during the installation process and
caused, or claimed to be caused by such process, including harm to himself, to
others including the public, or to the Artwork.
I. The Artist shall provide the Town with written instructions for the maintenance,
care, and up keep of the Artwork, with a description of all materials used, and a
Certificate of Authenticity for the Artwork.
J. The Artist is solely responsible for the compensation and for the work of every
contractor and other person he engages to assist him in discharging the duties
under this Agreement. The Artist agrees to engage no person without providing
adequate worker’s compensation insurance, in amounts required by Colorado
law.
K. The Artist shall secure and provide insurance for the on-site installation period in
amounts and limits specified in this section. The Artist shall provide the Town
Risk Manager with a certificate of liability insurance which addresses the period
of on-site installation, and includes the following:
(1) The policy must be an occurrence form; the coverage amount shall be
$1,000,000 for products/completed operations hazard(s); the
Comprehensive General Liability insurance shall have combined single
limits of $1,000,000 per occurrence; and the policy shall not be
cancelled, terminated nor not renewed without first giving 30 days
advance written notice to the Town Risk Manager;
(2) Neither this Agreement nor an insurance policy issued as required by
this Agreement shall be understood to waive or diminish the effect of
the Colorado Governmental Immunity Act protections enjoyed by the
Town.
1.2 Town’s Responsibility
A. The Town will provide the Artist access to the site for installation of the Artwork.
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B. The Town will provide payment to the Artist in a timely fashion as outlines in the
Payment Schedule in Article 6 of the Agreement.
C. The Town will secure any and all required licenses, permits, and similar legal
authorizations, at no expense to the Artist, as may be necessary for the
installation.
D. The Town will designate a representative (see Article 1, Section 1.1 C above)
with whom the Artist should communicate and coordinate when necessary, and
the Town Representative has the authority to make decisions for the Town with
regard to the matters described herein, including, but not limited to inspection of
any work in progress at the Artist’s studio or fabrication location, determining
substantial and final completion of the Artwork, approving payments to the Artist,
approving and coordinating installation.
E. The Town will provide, at no charge to Artist, a plaque on or near the Artwork
identifying the Artist and Title of the Artwork.
ARTICLE 2. DESIGN CHANGES
A. Final Design Proposal – Following execution of this contract, the Artist will, in
consultation with Town staff when necessary, develop his original proposal into a
Final Design Proposal which includes: 1.) A working drawing or rendition of the
proposed Artwork and the site, and a description of the materials to be used in
the artwork; and 2.) Cost estimates for the design, fabrication, engineering,
transportation, installation, and insurance. The Parks Advisory Board, or a
committee thereof, shall review and approve the final design prior to execution.
B. Any significant change to the design of the Artwork, as approved pursuant to
Article 2, Section 2.1 above, must be approved in writing by the Town. The Artist
shall provide proposed changes in writing or graphic communication to the Town
for review and approval. A significant change is considered to be any alteration
which materially affects the approved design or installation. Minor changes do
not require written approval.
ARTICLE 3. COMPLETION DATE
The Artist agrees to complete, deliver, and install the Artwork no later than (month, day,
year).
Liquidated Damages: If the Artist fails to complete the on-site installation of the Artwork
by (month, day, year), a late fee of $100 per day will be levied, beginning on (month,
day, year), and continuing at $100 per day for every day until the day the Artwork is
successfully installed. This late fee will be deducted from the final payment due to the
Artist. This late fee shall not apply to delays caused by the Town or acts of God.
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ARTICLE 4. ACCEPTANCE OF THE ARTWORK
The Artwork will be deemed to be accepted by the Town after the following
requirements have been satisfied:
1. The Artwork is completed, delivered, and installed in accordance with this
Agreement and the approved design, and the Town has verified this; and
2. The Artist has delivered to the Parks Advisory Board the following:
a. An executed bill of sale;
b. Written maintenance and care instructions; and
c. An original signed Certificate of Authenticity.
ARTICLE 5. PAYMENT SCHEDULE
The Town shall pay the Artist a fixed fee of $_________ that will constitute full and
complete compensation for all services performed, materials furnished, and for the
artistic value provided by the Artist under this Agreement. If the Artist is in compliance
with the terms of this Agreement, then the Town will pay the Artist as follows:
A. First payment of $ (30% of the total cost of the Artwork) shall be made when this
Agreement is signed by both parties, recognizing that the Artist will invest time
and incur expenses in preparing the designs and purchasing materials as set
forth in Article 1, Section 1.1(A). No invoice from the Artist is required.
B. Second payment of $ (30% of the total cost) shall be made to the Artist when the
Artwork is 50% completed and reasonable proof of this, such as digital
photographs, has been provided. The Artist will provide a written invoice for this
payment.
C. Third payment of $ (30% of the total cost) when the sculpture is completed (but
prior to transport) and reasonable proof of this has been provided. The Artist will
provide a written invoice for this payment and digital photographs.
D. Fourth and final payment of $ (10% of the total cost) following installation and
acceptance of the Artwork by the Town, as described in Article 4.
The Town agrees to mail each payment described above within two (2) weeks of
receiving an invoice from the Artist.
ARTICLE 6. WARRANTY
A. The Artist represents and warrants that the design of the Artwork is unique and
solely the result of the creative efforts of the Artist, and is wholly original with the
Artist and does not infringe upon or violate the rights of any third party.
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B. The Artist warrants that the Artwork is and shall remain free and clear of all liens,
including mechanics liens and encumbrances of the Artist.
C. The Artist shall not duplicate or offer the same or materially similar Artwork for
sale elsewhere within a 200 mile radius of Estes Park.
D. The Artist warrants that all work is performed in accordance with professional
“workmanlike” standards, and fully guarantees the Artwork to be free from
defective materials, products, and workmanship, for one year following the date
of the Town’s final acceptance of the Artwork, as described above. During this
period the Artist agrees to make necessary repairs to the Artwork, in a manner
satisfactory to the Town, of any defect which is the result of faulty workmanship
or materials. If within one year following the date of final acceptance, the Artist
is unable or unwilling to make any necessary repairs, the Artist is responsible for
reimbursing the Town for damages, expenses, or loss incurred by the Town as a
result of having to complete such repairs. The Artist is not responsible for
damage to the Artwork caused by vandalism, acts of God, Town employees or
contractors.
ARTICLE 7. COPYRIGHT
A. The Artist expressly reserves the rights under common law or under the federal
Copyright Act to control the making and dissemination of copies and
reproductions of the Work that the court(s) in the venue of this Agreement afford
to him, except as specified in Article 6 Section C. The Artist specifically agrees
that the Town, and its commissions, agents, divisions, employees and officials
may, without further approval from or compensation to the Artist, reproduce the
Artwork graphically, in photographs, drawings, or computer generated images for
any Town business, including advertising, promotions, visitor and convention
activities, and economic development activities. The Town agrees that whenever
appropriate such graphic reproductions of the Artwork will include the Artist’s
name, in such a manner and location as will comply with U. S. copyright law.
B. The Town acknowledges the existence of a 1990 federal law regarding Artist’s
rights which limits the Town’s unilateral ability to modify the Artwork without
advance notice to the Artist; however, the Artist agrees that the Artwork, and all
components and elements thereof, are the property of the Town. The Artist
agrees that after the warranty period described in 7.D. expires, the Town has the
right to unilaterally, without Artist’s knowledge or consent, repair, remove,
relocate, replace, sell, or store the Artwork. While it is the Town’s intent to
permanently retain and maintain the Artwork as described herein, over time
future citizens and Town Boards may determine that the Town should remove it
or otherwise dispose of the Artwork, and the Town reserves that right. If the
Town alters, modifies, or changes the Artwork, it will not thereafter represent the
altered work as that of the Artist without his consent.
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C. The Artist agrees to indemnify and hold the Town harmless from any and all
liability arising out of the Artist’s violation or claim of violation by any person of
any copyright or trademark infringement whether or not such claim(s) or suit(s)
is(are) frivolous.
ARTICLE 8. INDEMNIFICATION
The Artist will indemnify and hold the Town harmless from all loss and liability (including
attorney’s fees, court costs, and all other litigation expenses) for any infringement of the
patent rights, copyright, trademark, and all intellectual property claims of any person or
persons in consequence of the Town’s acceptance of the Artists work or the use by the
Town, or any of its officers or agents, of articles or services supplied in the performance
of the Agreement, whether or not such claim (s) is (are) frivolous.
ARTICLE 9. DEATH OR INCAPACITY
If the Artist becomes unable to complete the terms of this Agreement due to death or
incapacitation, such death or incapacitation will not be considered a default of this
Agreement on the part of the Artist; however, upon the happening of death or incapacity
of the Artist, the Town is not obligated to proceed with this Agreement.
In the event of incapacity, the Artist may assign the Artist’s obligations and services
under this Agreement to another artist of his choosing, but only with written approval of
the Town. Alternatively, the Town may terminate this Agreement.
In the event of the death of the Artist, this Agreement shall terminate. The Artist’s
executor shall deliver the Artwork, in whatever form and degree of completion it may be
at the time, to the Town, along with all materials and supplies purchased for the Artwork’
fabrication, if not yet completed. The Town has the right to have the Artwork completed,
fabricated, delivered, and installed by another artist or fabricator of their choosing;
however, the Artist’s heirs shall retain the copyright to the Artwork and all rights under
Article 8.
ARTICLE 10. TERMINATION OF AGREEMENT
The Town may terminate this Agreement if the Artist fails without cause to complete,
deliver, and install the Artwork as stipulated in this Agreement. The exercise of a right
to termination under this section shall be in writing and set forth the grounds for
termination. If this Agreement is terminated under this section, the Artist is entitled to
retain the 10% fee paid to him when the Agreement was executed, but shall return to
the Town all other compensation paid to him under the terms of this Agreement within
30 days of the date of termination. If the Artist fails to return said Town funds, the Town
shall have the right to take possession of the Artwork, in whatever form and degree of
completion it may be at the time, and all materials and supplies purchased and obtained
by the Artist for the Artwork, and the Town has the right to have the Artwork completed,
Art in Public Places Draft 1 5/7/15
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fabricated, delivered, and installed by another artist or fabricator of their choosing.
However, the Artist shall retain the copyright to the Artwork and all rights under Article 7.
ARTICLE 11. WRITTEN NOTICE
The parties agree that any notice required by this Agreement shall be given as follows,
including notice of a change of address or change in the Town Representative:
Town:
Artist:
ARTICLE 12. ENTIRE AGREEMENT
The terms and provisions of this Agreement, including attachments and any
amendments, represent the entire understanding of the parties with respect to the
subject matter of this contract. No representations or warranties are made by the Artist
or the Town except as herein set forth. The terms of this Agreement may only be altered
or modified in writing and signed by both parties.
ARTICLE 13. LAW AND VENUE
The laws of the Town of Estes Park, Larimer County, Colorado, shall govern this
Agreement. Any action arising out of or under this Agreement shall be brought in
Larimer County, Colorado.
Signed:
__________________________
Date Signed: ________________
__________________________
Date Signed: ________________
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b. Artwork Donation Form
TOWN OF ESTES PARK PARKS ADVISORY BOARD
ARTWORK DONATION FORM
Thank you for your interest in donating a work of art to the Town of Estes Park. Art in
public places is a vital component to the beauty and quality of life in our community.
Please complete the information below to facilitate a thorough review of the proposed
donation. In order to assure the highest standards, aesthetic consistency, and proper
maintenance, the decision to accept the donation rests with the Parks Advisory Board,
and the PAB reserves the right to move or remove the piece from the permanent
collection if that becomes necessary in the future. Please attach a photograph or
detailed drawing of the sculpture to this form, plus documentation authenticating the
purchase price or appraised value.
GENERAL INFORMATION
Donor name (Individual/Organization/Business):
Contact person (If different from above)
Mailing Address:
Phone number & e-mail address:
INFORMATION ABOUT THE ARTWORK
Title of the artwork:
Name of the artist:
Mailing address of artist:
Media or materials used in artwork:
Year completed: Purchase price: Current value:
Dimensions: Weight:
Long-term maintenance required:
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Does donation include site preparation, installation costs, concrete pad or pedestal (if
necessary, or does it include monies for these items? Please describe:
The undersigned is the owner of the artwork, free of all liens and encumbrances, and
has the right to make this agreement.
The undersigned herby agrees to donate the above described art work, with the
following additional conditions (if any):
Donor Signature & Date: (Please print name after signature)
____________________
Return to:
Town of Estes Park
Attn: Parks Advisory Board
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517
Questions: Jen Imber (970)-577-3857 or jimber@estes.org
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c. Artwork Loan Agreement
TOWN OF ESTES PARK PARKS ADVISORY BOARD
ARTWORK LOAN AGREEMENT
Please return to:
Town of Estes Park
Parks Advisory Board
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517
Artist name:
______________________________________________________________________
Mailing Address:
______________________________________________________________________
Phone number & e-mail address:
______________________________________________________________________
Description of Artwork
Artwork #1 - Title:
______________________________________________________________________
Medium: ___________________________________________
Price or Estimated Value: $ _______________
Dimensions (h-w-d): ______________________________
Weight: lbs. _______________________________
Artwork #2 - Title:
______________________________________________________________________
Medium: ___________________________________________
Price or Estimated Value: $ _______________
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Dimensions (h-w-d): ______________________________
Weight: lbs. _______________________________
Artwork #3 - Title:
______________________________________________________________________
Medium: ___________________________________________
Price or Estimated Value: $ _______________
Dimensions (h-w-d): ______________________________
Weight: lbs. _______________________________
I give the Town permission to photograph my art for temporary display on the Town’s
website: Yes ___ No ___
Will hanging art require special installation or equipment other than regular wall hooks?
Yes ___ No ___
Dates of exhibit are:
_____________________________________________________
The artist understands and agrees to the terms and conditions contained in the Art In
Public Places Guidelines for Temporary Public Works of Art. Exhibits attached to or
printed on the opposite side of this agreement. The artist understands that any
insurance payment that might be made will be based upon an appraised value rather
than a declared value. The artist also understands that the Town’s financial liability is
limited to not more than $3,000 per piece of art, in the event of total loss or theft of the
artwork. This constitutes the entire agreement between the parties.
Artist’s Signature & Date (Please print name after signature)
------ FOR PARKS ADVISORY BOARD USE ONLY -----
Document and Procedures: Location:
___ Signed Agreement ___ Town Hall
___ Other Location ____________________________________________________
___ Photograph of each piece for insurance (PAB)
___ Insurance information to Risk Management
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d. Request for Proposals
TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM
REQUEST FOR PROPOSALS
(______________________ project description_____________________)
Site Description
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
___________
Scope and Project Description
The Town of Estes Park Art In Public Places program enriches our community through
public exposure to the arts. The AIPP program weaves public art into the everyday
experience of our community and creates lasting impressions on those who experience
it. It enhances our public spaces, compliments our award winning seasonal floral
displays, and makes Estes Park a visitor destination, not only for its natural beauty, but
also for its vibrant arts scene.
This public art project will be commissioned for (location description). The Town of
Estes Park Parks Advisory Board will utilize (outside funding source if any) and the
AIPP Reserve Fund to (project description). The artwork will serve as (purpose
description). The scale of the art should be set according to the scale of the site.
The artist will be required to carry general liability insurance in the amount of $
(amount).
Eligibility
The project is open to any professional artist with demonstrated experience in creating
signature artwork.
Selection Process
From this Call, an Artist may be selected directly from the initial applications or the
artwork selection panel may elect to interview a limited number of finalists from among
the initial applications based upon their conceptual drawings.
ARTIST’S RENDERING OF PROJECT
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• If multiple semi-finalists are selected, each semi-finalist will present a scaled
maquette (sculpture pieces), or scale rendering (non-sculpture pieces), for the
panel’s review. Semi-finalists may be required to develop more specific
preliminary proposals prior to final selections. If so, a stipend will be paid.
• A detailed budget will be required of artists selected as semi-finalists. The
detailed budget must include all expenditures in connection with the execution of
the project. (Prior to submitting a proposal, it is recommended that artists
prepare such a budget to ensure the project can be executed as presented.)
• One artist will ultimately be selected to develop their design, fabricate and install
the artwork.
• Artwork Selection Panel: Members of the Town of Estes Park Parks Advisory
Board, one Public Works representative, one representative of (outside funding
source), one representative of the Curatorial Support Services Provider, and
three Estes Park citizens will serve as jurors for the project.
• Town staff will oversee operations and administer the decisions of the jury panel.
Submission Requirements
All applications must be submitted through the Town website to jimber@estes.org and
must include:
• a preliminary statement of approach for the project which communicates scope
and scale
• previous accomplishment(s) with public art pieces of similar appropriate scale as
shown in five-ten images of artwork completed within the past five years.
• the Artist’s conceptual image for the site, which must communicate the scope
and scale of the submitted project: Maximum number of conceptual images: 3
• 3 professional references
Selection Criteria
The primary criteria for selection:
• Scope of Proposal: Does the proposal show an understanding of the project
objective, appropriate scale and desired results? Does the artwork represent
history/spirit of the Town?
• Assigned Personnel: Do the person(s) working on the project have the
necessary skills? Are sufficient people of the requisite skills assigned to the
project?
• Availability: Can the work be completed in the contracted time and on-budget?
Timeline
All applications must be submitted through the Town website by (month, day, year).
Final completion date will be determined jointly by the Artist and the Parks Advisory
Board; however, the project must be started shortly after the contract has been
awarded.
Budget
A maximum of $ (amount) has been allocated for the artwork to include all design,
fabrication, insurance, installation, travel, contingency and incidental costs. The Town
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of Estes Park reserves the right to withdraw from the project prior to such time as a
contract is formally entered into with the Artist. Contract provisions will apply
subsequent to the agreement to such by both parties.
Submission and Contact Information
Jen Imber, Administrative Assistant
Public Works Department
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517
(970) 577-3587
jimber@estes.org
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e. Curatorial Support Services Provider Agreement
TOWN OF ESTES PARK, PARKS ADVISORY BOARD
CURATORIAL SUPPORT SERVICES PROVIDER AGREEMENT
Please return to:
Town of Estes Park
Parks Advisory Board
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517
Name of Organization:
______________________________________________________________________
Mailing Address:
______________________________________________________________________
Contact Person:
______________________________________________________________________
Phone number & e-mail address:
______________________________________________________________________
Description of Services
The curatorial support services provider shall maintain a detailed record of all art in
public places in the Town of Estes Park Collection to include but not limited to:
1. Accession Number
2. Title of The Art Work
3. Name and Contact Information For The Artist
4. Name and Contact Information For Donor of Art Work (if donated)
5. Cost of Art Work
6. Date of Installation of Art Work
7. Photographs of Art Works (from multiple angles for three dimensional pieces)
8. Photographs of Plaques Associated With Art Work
9. GPS Coordinates For Location of Art Work
10. Design Renderings
11. Site Drawings/Photographs (including landscaping elements)
12. Names and Contact Information For Architects Where Applicable
13. Maintenance Requirements, Schedules and Documentation
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14. List and Contact Information for Qualified Maintenance Providers
15. Any Other Record Requested By The Parks Advisory Board
The Curatorial Support Services Provider shall be reimbursed for actual expenses
incurred as expenses of curatorial support subject to annual budgetary limits approved
by the Town Board of Trustees.
The Curatorial Support Services Provider shall serve as an ex-officio and non-voting
member of the Parks Advisory Board. They shall perform such duties as defined above
and as set forth in the Art In Public Places Guidelines.
__________________________________________________________________
Curatorial Support Services Provider’s Signature & Date
(Please print name after signature)
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Local Marketing District Interview Committee Appointments
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: May 8, 2015
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 Lynette Lott moving outside of the Estes valley. The
open position would complete Ms. Lott’s term expiring on December 31, 2015 and a 4-year term
expiring December 31, 2019. Administrative Services has posted the position and will accept
applications through May 15, 2015.
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.
Therefore, Mayor Pinkham has requested the Board discuss the appointments at the Study
Session prior to the Town Board and bring forward a recommendation to the Board meeting for
approval.
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.
1
TOWN OF ESTES PARK
EXECUTIVE SESSION PROCEDURE
May 12, 2015
Executive Sessions may only occur during a regular or special meeting of the Town
Board.
Limited Purposes.
Adoption of any proposed policy, position, resolution, or formal action shall not occur at
any executive session.
Procedure.
Prior to the time the Board convenes in executive session, the Mayor shall announce
the topic of discussion in the executive session and identify the particular matter to be
discussed in as much detail as possible without compromising the purpose for which the
executive session is authorized, including the specific statutory citation as enumerated
below. Prior to entering into an executive session, the Mayor shall state whether or not
any formal action and/or discussion shall be taken by the Town Board following the
executive session.
1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal,
or other property interest - Section 24-6-402(4}(a}, C.RS.
2. For a conference with an attorney for the Board for the purposes of receiving
legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS.
3. For discussion of a matter required to be kept confidential by federal or state
law, rule, or regulation - Section 24-6-402(4}(c}, C.RS.
4. For discussion of specialized details of security arrangements or investigations
Section 24-6-402(4}(d}, C.RS.
5. For the purpose of determining positions relative to matters that may be
subject to negotiations, developing strategy for negotiations, and/or instructing
negotiators - Section 24-6-402(4}(e}, C.RS.
6. For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not
involving: any specific employees who have requested discussion of the matter
in open session; any member of the Town Board; the appointment of any person
to fill an office of the Town Board; or personnel policies that do not require
discussion of matters personal to particular employees.
7. For consideration of any documents protected by the mandatory non-
disclosure provision of the Colorado Open Records Act - Section 24-6-402(4}(g},
C.RS.
2
Electronic Recording.
A record of the actual contents of the discussion during an executive session shall be
made by electronic recording. If electronic recording equipment is not available or
malfunctions, written minutes of the executive session shall be taken and kept by the
Town Clerk, if present, or if not present, by the Mayor.
The electronic recording or minutes, if any, of the executive session must state the
specific statutory provision authorizing the executive session. The electronic recording
or minutes, if any, of the executive session shall be kept by the Town Clerk unless the
Town Clerk was the subject of the executive session or did not participate in the
executive session, in which event, the record of the executive session shall be
maintained by the Mayor. If written minutes of the executive session are kept, the
Mayor shall attest in writing that the written minutes substantially reflect the substance
of the discussion during the executive session and such minutes shall be approved by
the Board at a subsequent executive session.
If, in the opinion of the attorney who is representing the Board, and who is
present at the executive session, "all or a portion" of the discussion constitutes
attorney-client privileged communications:
1. No record shall be kept of this part of the discussion.
2. If written minutes are taken, the minutes shall contain a signed statement from
the attorney attesting that the unrecorded portion of the executive session
constituted, in the attorney's opinion, privileged attorney-client communications.
The minutes must also include a signed statement from the Mayor attesting that
the discussion in the unrecorded portion of the session was confined to the topic
or topics for which the executive session is authorized pursuant to the Open
Meetings Law.
Executive Session Motion Format.
Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of
the statutory provision authorizing the executive session.
THEREFORE, I MOVE TO GO INTO EXECUTIVE SESSION:
For a conference with the Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.RS. Section 24-6-402(4)(b) –
Litigation.
X For the purpose of determining positions relative to matters that may be subject
to negotiations, developing strategy for negotiations, and/or instructing
negotiators under C.RS. Section 24-6-402(4)(e) – Town Administrator Contract.
3
To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or
other property interest under C.RS. Section 24-6-402(4)(a).
For discussion of a personnel matter - Section 24-6-402(4)(f), C.RS. and not
involving: any specific employees who have requested discussion of the matter
in open session; any member of the Town Board (or body); the appointment of
any person to fill an office of the Town Board (or body); or personnel policies
that do not require discussion of matters personal to particular employees.
For discussion of a matter required to be kept confidential by the following
federal or state law, rule or regulation: under C.RS. Section 246-402(4)(c).
For discussion of specialized details of security arrangements or investigations
under C.RS. Section 24-6-402(4)(d).
For consideration of documents protected by the mandatory nondisclosure
provisions of the Open Records Act under C.RS. Section 24-6-402(4)(g).
AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR
IDENTIFICATION PURPOSES (The Mayor may ask the Town Attorney to provide the
details): .
The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum
present.
Retention of Electronic Recording or Minutes.
Pursuant to Section 24-6-402(2)(d.5)(II)(E) C.RS., the Town Clerk shall retain the
electronic recording or minutes for ninety (90) days. Following the ninety (90) day
period, the recording or the minutes shall be destroyed unless during the ninety (90) day
period a request for inspection of the record has been made pursuant to Section 24-
72204(5.5) C.RS.
If written minutes are taken for an executive session, the minutes shall be approved
and/or amended at the next executive session of the Town Board. In the event that the
next executive session occurs more than ninety (90) days after the executive session,
the minutes shall be maintained until they are approved and/or amended at the next
executive session and then immediately destroyed.
4
ANNOUNCEMENT
ANNOUNCEMENT SHALL BE MADE BY THE MAYOR AT THE BEGINNING OF THE
EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED
ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO
ADVISED BY THE TOWN ATTORNEY.
It is Tuesday, May 12,, 2015 , and the time is (state the time) p.m.
For the Record, I am Bill Pinkham , the Mayor (or Mayor ProTern) of the
Board of Trustees. As required by the Open Meetings Law, this executive
session under C.RS. Section 24-6-402(4)(e) is being electronically recorded.
Also present at this executive session are the following person(s): Mayor Pro Tern
Koenig. Trustees Ward Nelson. John Ericson, Bob Holcomb. Ron Norris. and John
Phipps; and Town Administrator Lancaster, Town Attorney White, Town Clerk Williamson.
(Also include any others who will be present for the executive session in the announcement).
This is an executive session for the following purpose of:
For the purpose of determining positions relative to matters that may be subject
to negotiations, developing strategy for negotiations, and/or instructing
negotiators under C.RS. Section 24-6-402(4)(e) – Town Administrator Contract.
I caution each participant to confine all discussion to the stated purpose of the executive
session, and that no formal action may occur in the executive session.
If at any point in the executive session any participant believes that the discussion is
outside of the proper scope of the executive session, please interrupt the discussion
and make an objection.
The close of the executive session is in the Mayor's discretion and does not require a
motion for adjournment of the executive session.
The Mayor shall close the executive session by stating the time and return to the open
meeting.
After the return to the open session, the Mayor shall state that the Town Board is in
open session and whether or not any formal action and/or discussion shall be taken by
the Town Board.