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HomeMy WebLinkAboutPACKET Town Board 2015-10-13The 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, October 13, 2015 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PRESENTATION: America in Bloom Awards. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT.  Policy 3.3 1. CONSENT AGENDA: 1. Town Board Minutes dated September 22, 2015 and Town Board Study Session Minutes dated September 22, 2015. 2. Bills. 3. Committee Minutes: A. Community Development & Community Services Committee, September 24, 2015. 4. Estes Park Board of Appeals Minutes dated September 3, 2015 (acknowledgement only). 5. Audit Committee Minutes dated September 25, 2015 (acknowledgement only). 6. Purchase a 2015 Spartan Hi Flow Ultimate Warrior Jetter from Williams Equipment, LLC for $47,260. 7. 2015 Street Overlay Contract Award to Coleson Excavating Company, Inc. for $206,448.97. Prepared 10/5/15 *Revised 10/8/15 **Revised 10/9/15 * NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 8. 2015 Pavement Condition Assessment Contract Award to Borstead Consulting Services LLC for $30,000. 9. Low-Income Energy Assistance Program (LEAP) Metered Fuel Vendor Agreement. 10. Park R-3 School District School Resource Officer (SRO) Agreement for 2015-2018 School Years. 11. Estes Park Housing Authority Board Appointments. 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP – FROM LOCAL'S GRILL, INC. DBA LOCAL’S GRILL TO ELK EXPRESS, INC. DBA LOCAL'S GRILL, 153 E. ELKHORN AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk Williamson. 3. REPORT AND DISCUSSION ITEMS (Outside Entities): 1. ESTES VALLEY COMMUNITY CENTER BALLOT ISSUE 4C AND 4D. David Batey. 2. PLATTE RIVER RESOURCE MANAGEMENT PLANNING. General Manager Jackie Sargent. 4. ACTION ITEMS: 1. SINGLE AUDIT. Finance Officer McFarland. 2. DOWNTOWN NEIGHBORHOOD PLAN CONSULTANT SELECTION. Planner Kleisler. 3. RESOLUTION #16-15 FORMATION OF DOWNTOWN NEIGHBORHOOD COMMITTEE & BYLAWS. Planner Kleisler. 4. SCOTT PONDS NATURAL AREA DAMS MODIFICATION CONSTRUCTION CONTRACT AWARD AND CONSTRUCTION MANAGEMENT CONTRACT AWARD. Manager Ash. 5. HABITAT FOR HUMANITY WATER TAP FEE WAIVER – 821 KUNDTZ LANE. 6. SPRAY PATCHER AGGREGATE TENT MATERIALS AND INSTALLATION CONTRACT AWARD. Manager Landkamer. 7. ORDINANCE #14-15 MORATORIUM ON THE ESTABLISHMENT OF NEW VACATION HOMES. Town Attorney White 5. ADJOURN. * ** TOWN ADMINISTRATOR Frank Lancaster Town Administrator 970.577.3705 flancaster@estes.org MEMORANDUM DATE: October 13th, 2015 TO: Board of Trustees FROM: Frank Lancaster, Town Administrator SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS (QUARTERLY MONITORING REPORT POLICY 3.3) Board Policy 2.3 designates specific reporting requirements for me to provide information to the Board. Policy 3.3, Financial Planning and Budgeting requires quarterly reporting of compliance in April, July, October and January. Policy 3.3 states: “With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government.” This report constitutes my assurance that, as reasonably interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. ________________________ Frank Lancaster Town Administrator 3.3.1. The Town Administrator shall not allow budgeting which Deviates from statutory requirements. REPORT: The current budget and any proposed budget revisions have all been prepared in compliance with applicable statutory requirements. I am therefore reporting compliance. 3.3.2. The Town Administrator shall not allow budgeting which Deviates materially from Board-stated priorities in its allocation among competing budgetary needs. REPORT: The current budget and any proposed budget revisions have all been prepared in following the Board stated priorities expressed during the budget adoption process. I am therefore reporting compliance. 3.3.3. The Town Administrator shall not allow budgeting which contains inadequate information to enable credible projection of revenues and expenses, separation of capital and operational items, cash flow and subsequent audit trails, and disclosure of planning assumptions. REPORT: The current budget was prepared with adequate information as requested by the Board of Trustees. I am therefore reporting compliance. 3.3.4. The Town Administrator shall not allow budgeting which plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. REPORT: The current adopted and proposed revised 2015 budget does plan for any expenditures of funds greater than are projected to be received that have not been previously approved by the Board. I am therefore reporting compliance. 3.3.5. The Town Administrator shall not allow budgeting which reduces fund balances or reserves in any fund to a level below that established by the Board of Trustees. REPORT All Town funds, other than the General Fund, which are subject to this provision are within the Board determined limits. The fund balance in the General fund is anticipated to fall below the 25% level set by the board due to use of the fund for emergency flood recovery expenditures. I have kept the Board informed of the status of the fund balance and the use of funds for flood recovery and this drop in fund balance is not unanticipated. I am therefore reporting conditional compliance. 3.3.6. The Town Administrator shall not allow budgeting which Fails to maintain a Budget Contingency Plan capable of responding to significant shortfalls within the Town’s budget. REPORT: The current budget includes appropriate contingency funding. I am therefore reporting compliance. 3.3.7. The Town Administrator shall not allow budgeting which fails to provide for an annual audit. REPORT: The 2014 audit has been completed and presented to the board. I am therefore reporting compliance. 3.3.8. The Town Administrator shall not allow budgeting which fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. REPORT: Nothing in the current budget as adopted fails to protect the integrity of the current or future bond ratings of the Town. I am therefore reporting compliance. 3.3.9. The Town Administrator shall not allow budgeting which results in new positions to staffing levels without specific approval of the Board of Town Trustees. The Town Administrator may approve positions funded by grants, which would not impose additional costs to the Town in addition to the grant funds and any temporary positions for which existing budgeted funds are allocated. REPORT: No new positions or additions to the staffing document have been added without specific approval of the Board of Trustees other than temporary positions or those grant positions that are 100% grant funded, as allowed by adopted policy. I am therefore reporting compliance. 3.8.1. With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not change his or her own compensation and benefits. REPORT: I have not changed my own compensation or benefits. I am therefore reporting compliance. Town of Estes Park, Larimer County, Colorado, September 22, 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 22nd day of September, 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 Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION – OCTOBER 2015 AS CONFLICT RESOLUTION MONTH. Mayor Pinkham presented the proclamation to Commander Corey Pass and Restorative Justice Coordinator Denise Lord. PUBLIC COMMENT. None. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Ericson stated the Transportation Advisory Board (TAB) met on September 16th and elected Belle Morris as Vice Chair replacing Cory LaBianca. The TAB has one board opening. RMNP attendance continues to be up in 2015 and may break a record. The Community Development/Community Services Committee meeting would be held on September 24th at 8:00 a.m. Trustee Nelson commented the Larimer County Open Lands Advisory Board would meet on September 24th. The Open Lands video promoting open space titled “Our Open Space Story” won a first-place award from the National Association of Telecommunications Officers and Advisors. Nick Molle’s video “Living Dream, 100 Years of the National Park” would be aired on PBS in every major market, including internationally, with an estimated 100 million viewers. The video would promote Estes Park and the National Park. Trustee Phipps stated the Estes Valley Planning Commission heard a presentation on the basics of zoning from staff during the recent study session. During their regular meeting Planner Kleisler provided an update on the vacation rental regulations under review, including occupancy limits and neighborhood character. The Town Board and County Commissioners would meet on November 9th to discuss vacation rentals. Mayor Pro Tem Koenig congratulated Western Heritage on the Rooftop Rodeo’s nomination for best medium sized rodeo again in 2015. Nick Molle/President of Sister Cities has been coordinating a visit with Monte Verde to renew the 10 year Memorandum of Agreement between the Town and Monte Verde, Costa Rica. Trustee Holcomb commented the Parks Advisory Board met and heard a presentation on installing a laser light in the tunnel under Hwy 36. The Board would discuss the Board of Trustees – September 22, 2015 – Page 2 installation further with CDOT to ensure there are no concerns. The Parks Advisory Board has two current openings. Trustee Norris stated Visit Estes Park has finalized the 2016 Operating Plan to be delivered to the Town Board and County Commissioners by September 30th. He reminded the public the bears are still very active and have been entering garages and cars. TOWN ADMINISTRATOR REPORT. The Estes Park Housing Authority requested the Town refund the sales tax they are required to pay for the Falcon Ridge project. The Town would refund the 4%; however, the Town does not have the authority to refund the 1% from the 1A sales tax. Trustee Nelson had to step down as the Board representative on the Creative Arts District Board; therefore, Mayor Pinkham would be the Board’s representative. July sales tax was up 9% and building permits up 35% for the first half of the year. The Longs Peak Scottish-Irish Festival was well attended with no major issues. Policy Governance 3.8 Update – Administrator Lancaster reported full compliance with the exception of providing spousal health insurance as part of the compensation. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 8, 2015 and Town Board Study Session Minutes dated September 8, 2015. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities, Public Works Committee, September 10, 2015. 1.Elm Road Environmental Improvement Plan – Stewart Environmental Consultants Change Order 2 & 3 - $36,500. 2.Dry Gulch Road Improvements – Farnsworth Group Change Order 1 & 2 - $66,380.50. 4. Transportation Advisory Board Minutes dated August 19, 2015 (acknowledgement only). 5. Parks Advisory Board Minutes dated August 21, 2015 (acknowledgement only). 6. Estes Valley Planning Commission Minutes dated August 18, 2015 (acknowledgement only). It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda Items, and it passed unanimously. 2. REPORT AND DISCUSSION ITEMS (Outside Entities): 1. VISIT ESTES PARK UPDATE – WHERE ARE WE HEADED. President & CEO Fogarty provided an overview of Visit Estes Park’s (Local Market District) efforts to market to the changing demographics of our guests, including the tech savvy consumers in their 20s and 30s and the silent traveler. The district using Big Data has new ways to collect data on travelers to help market Estes Park. Staff continues to develop marketing efforts that personalize the message to specific groups such as adventure travelers, weddings, group travel, family travel, international travelers and wellness tourism. The district continues to collaborate with the Town, the Economic Development Council, and regional and state tourism efforts. Board of Trustees – September 22, 2015 – Page 3 3. ACTION ITEMS: 1. RESOLUTION #15-15 SUPPORTING BALLOT ISSUE 4C AND 4D FOR THE ESTES VALLEY COMMUNITY CENTER. Assistant Town Administrator Machalek presented a resolution in support of the Estes Valley Recreation and Park District ballot issues on the November 3, 2015 Coordinated Election to build and operate a community center. It was moved and seconded (Norris/Phipps) to approve Resolution #15-15, and it passed unanimously. 2. ORDINANCE #13-15 AMENDING MUNICIPAL CODE SECTION 2.08.010 COMMITTEES – ADDING THE AUDIT COMMITTEE AS A STANDING COMMITTEE. The ordinance would amend Section 2.08.010 of the Municipal Code to add the Audit Committee as a standing committee with three trustees appointed. Attorney White suggested the Audit Committee should have two Board members appointed by the Mayor after the Municipal Election and the Mayor to serve as the third member of the Committee. Attorney White read the ordinance. It was moved and seconded (Ericson/Koenig) to approve Ordinance #13-15 with the amendments recommended by Attorney White, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 8:35 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado September 22, 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 22nd day of September, 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, Chief Building Official Birchfield, Town Attorney White and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 5:18 p.m. INTERNATIONAL PROPERTY MAINTENANCE CODE (DANGEROUS BUILDINGS CODE) AND ADOPTION OF NEW INTERNATIONAL BUILDING CODE. Chief Building Official Birchfield stated the Board of Appeals (BOA) has been meeting monthly since January 2015 to review the 2015 International Codes, current local amendments and the significant change to the 2012 International Codes. Although the Town bypassed the adoption of the 2012 International Codes, the changes would apply to the 2015 International Codes and warrant review. The International Building Codes contain three primary codes and seven codes adopted by reference, including the International Property Maintenance Code. The National Energy Code and the Fire Code with local amendments would also be adopted. The BOA has agreed to and recommended local amendments to each of the codes and identified other issues that need further discussion and public feedback. Staff has not received a lot of public comment or opposition to the adoption of the 2015 International Codes with the exception of the Property Maintenance Code. CBO Birchfield has recommended a local amendment to prohibit ventless gas appliances, permitting for electric water heaters, and non-refundable plan reviews for permits that are submitted and never built. Existing buildings have been governed by the Building Code in the past; however, the new 2015 codes have removed the chapter from the Building Code. The Existing Building Code directs the degree for which a building being remodeled must be brought up to code. Staff would propose the Town’s local amendments be as consistent with Larimer County Building department as possible. Wind and snow loads would be examples of items the Town and County should have consistent requirements for citizens, designers and builders. Key Issues Requiring Further Discussion  Wind Speed – Adopt new wind speed maps or retain current wind speed maps. The design wind speed has increased from 90 to 140 miles per hour. Should the Town use the current Larimer County wind speed maps or use the new 2015 I-Code wind speeds with three different wind speeds based on the use of the building. The advantage would be to use more accurate maps. The disadvantage for designers would be the use of two different methods to calculate wind speed depending on the location of the structure inside or outside Town limits. Town Board Study Session – September 22, 2015 – Page 2  Egress (Emergency Escape and Rescue) Windows – Every room used as a sleeping room shall have 5.7 square feet. Need to determine whether or not to allow “size for size” window replacement when emergency escape and rescue windows are not required. Option 1 would allow size for size replacement and Option 2 would require window sizes to increase to address life safety concerns for habitants and emergency responders.  Condensation and Mechanical Equipment – High efficiency boilers and hot water heaters release condensation. The 2015 Codes would require the installation of a shut-off switch for condensing appliances located in a non-visible area such as a crawl space so the equipment shuts off if the condensate pump fails. Option 1 requires a shut-off switch, Option 2 would provide a local amendment to remove the requirement of a shut-off switch or require an alarm, and Option 3 would disallow mechanical equipment in the basement or the crawl space.  International Property Maintenance Code (IPMC)– The Code is referenced in the Building Code and can be adopted, deleted or modified with the adoption of local amendments. Currently the CBO can act on a dangerous building only when a building would be considered an imminent danger to public safety and welfare. The building official has limited authorization to act thorough the building codes. The BOA has proposed the adoption of the IPMC with local amendment to include the exemption of single-family dwellings and exempt the perimeter of structures such as weeds, outside rubbish, and exterior painting. The BOA does not recommend the regulation of non-life threatening property maintenance standards. The Board expressed concern with the exemption of single-family homes as they are being used for commercial purposed as vacation homes. If single-family homes are exempt they would not be regulated by the IPMC. The proposed schedule for adoption of the codes includes Oct 1 Board of Appeal meeting; October 13 Town Board Study Session to review draft code amendments to determine if they are ready for public review; hold public outreach meetings the weeks of October 19 and October 26; November 10 Town Board Study Session to review public engagement; November 24 first public meeting at Town Board; and December 8 second public meeting and proposed adoption at the Town Board meeting. Staff stated the importance of completing the process right rather than adopting the new codes quickly. The codes do not need to be adopted by the first of the year. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Staff and Trustees Holcomb and Nelson would meet with TDS Broadband to discuss their plans and level of service for the valley moving forward. Trustee Norris stated the Visit Estes Park (VEP) Board would review the proposed Operating Plan and submit to the Town and County by the end of the month. VEP has been approached to rename Performance Park to Dick Orleans Park. He stated the renaming of the Park should not be addressed by VEP; however, the Town does not have a process for naming property and should develop a policy. He commented on the need to discuss the current zoning and how changes to vacation rental regulations might affect zoning. Discussion followed on the recent discussion within the community regarding the reestablishment of a URA. The Town nor the staff have been discussing URA, DDA, etc. Trustee Nelson stated the public comment he has received continues to ask why the URA was voted out with the current development needs and the downtown neighborhood plan. Trustee Ericson commented the Downtown Neighborhood Plan or the Avalanche report may suggest the need for a URA or DDA to address development and economic growth. FUTURE STUDY SESSION AGENDA ITEMS.  The Board agreed to add the review of the Building Code local amendments to the October 13th study session and the review of public comment to the November 10th study session. Town Board Study Session – September 22, 2015 – Page 3  Staff confirmed the finances for the Event Center would be reviewed during the budget process.  The Board agreed to remove the update on upcoming construction schedules for major projects through 2018 from the items to be scheduled.  Discussion of the Town’s role in Economic Development should be discussed after the Avalanche report has been completed. The report has been postponed and will be rescheduled in November.  The interview process for Boards and Committee would be reviewed on October 13th.  The Local Marketing District Operating Plan would be reviewed at the October 27th study session. There being no further business, Mayor Pinkham adjourned the meeting at 6:40 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, September 24, 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 24th day of September, 2015. Committee: Chair Ericson, Trustees Holcomb and Phipps Absent: None Also Attending: Town Administrator Lancaster, Director Chilcott, Managers Mitchell and Lynch, Coordinators Wells, Headley and Jacobson, and Recording Secretary Limmiatis Trustee Ericson called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. COMMUNITY DEVELOPMENT DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Verbal Updates and Committee Questions – Director Chilcott introduced new Planner Audem Gonzales and provided updates on the status of the Downtown Plan consultant interview process, the current development projects by the Stanley Hotel on Lot 4, Mountain River Townhomes, and Falcon Ridge, and the Hydroplant Request for Proposals for bank stabilization. Director Chilcott stated construction is booming as evidenced by a 50% increase in building permits from August 2014 along with a 90% increase in valuation. Building Division staff continues to face challenges completing approximately 30 inspections daily and maintaining associated paperwork. COMMUNITY SERVICES DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Fairgrounds & Events Director Search Update – Administrator Lancaster stated approximately 40 applications from across the country were received for the open position. The pool has been initially narrowed down to 15 applicants and would be further refined within the next week. Interviews would take place within the next two to three weeks.  Reorganization of Community Services Department – Administrator Lancaster informed the Committee the structure of the Community Services Department was reviewed and it was determined having all the divisions under one director was not the best use of personnel or finances. The Museum and Senior Center, who both have strong leadership, would be separated from the Community Services Department and placed under the supervision of Assistant Town Administrator Machalek as the Cultural Services Division. The Fairgrounds, Event Center and Visitor Center would remain under the leadership of the Fairgrounds and Events Director.  Shuttle Report – Coordinator Wells stated the summer shuttle season concluded on September 13, 2015 and the Elkhorn Express would continue to run fall weekend service. The 2015 ridership numbers were down overall, which could be attributed to the Town trolley being out for repairs. A local resident was identified as the 500,000th passenger on August 29, 2015 and was presented with a ridership recognition certificate and gift bag from the Town and local businesses. The Committee inquired Community Development / Community Services – September 24, 2015 – Page 2 about grant opportunities to assist with year round shuttle services. Wells stated at this time the budget does not allow for extended service, but staff would investigate options if directed to do so. Administrator Lancaster stated most grants require local matching funds and would have to be researched closely before proceeding with applications.  Senior Services Quarterly Report – Coordinator Headley described the 31% increase in attendance observed in all programs over the past year. New programs such as art classes, meditation, and Tai Chi are being offered to attract a younger audience. The Larimer County Office on Aging awarded two grants to Senior Services to conduct a second round of free N’ Balance classes and provide 200 blizzard boxes to Estes Park residents in need. The Committee inquired about reaching maximum capacity for programs and services. Manager Mitchell stated the Senior Center continues to expand with limited time and resources as well as pursue the master plan strategy of moving to the proposed Community Center. Most individuals who participate in activities at the Senior Center as well as the non-profit partners are supportive of the Community Center project, but a few express concerns of diminishing quality in the programs offered.  Event Report – Coordinator Jacobson updated the Committee on the events to take place in the fall. Elk Fest enters its 17th year and the organizers were challenged to introduce new items. The Rut Run was added with the support of the Estes Park Marathon and has over 50 participants registered. Cabela’s and the YMCA were added as new partners of the event. The Tree Lighting Ceremony would honor community members who receive awards on National Philanthropy Day. Staff has partnered with Festive Fridays during the upcoming holiday season in an attempt to get visitors to arrive on Friday and stay through the weekend for special events. The Catch the Glow parade preparations are underway with Michael Young working on six new floats. Performance Park would close for the season after the final Movie in Mountains on September 29, 2015. This venue has been heavily utilized this summer and comprehensive attendance numbers would be brought forward at the next meeting.  Verbal Updates and Committee Questions - The Committee inquired about the number of bookings at the Event Center for the remainder of the year. Manager Lynch stated focus has been placed on reaching large groups during 2016/2017 and she continues to experience challenges with bookings due to the lack of a break out area within the Events Center, no bid fees, no volunteer support staff, the acoustics, and lack of transportation available between venues. Administrator Lancaster suggested a conversation take place with Forever Resorts to discuss the Town’s relationship and investing into improvements at the Conference Center. There being no further business, Trustee Ericson adjourned the meeting at 9:17 a.m. Barbara Jo Limmiatis, Recording Secretary RECORD OF PROCEEDINGS Estes Park Board of Appeals 1 September 3, 2015 Board Room, Estes Park Town Hall Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo Attending: Chair Spooner, Members Klein, Calvin, Darling Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Senior Building Permit Technician Charlie Phillips, Recording Secretary Karen Thompson, Fire Marshall Marc Robinson Absent: Member Schiaffo The following minutes reflect the order of the agenda and not necessarily the chronological sequence. There were no members of the public in the audience. CONSENT AGENDA Minutes from August 6, 2015 Board of Appeals meeting. It was moved and seconded (Darling/Klein) to approve the minutes as presented and the motion passed unanimously with one absent. 2015 INTERNATIONAL FIRE CODE (IFC) Chair Spooner stated today’s meeting is a review of the International Fire Code. Significant Changes to the 2012 and 2015 Codes will be discussed. Estes Valley Fire Protection District Fire Marshall (FM) Marc Robinson led the discussion. Currently, the 2009 IFC is adopted. The EVFPD adopted the code, then brought it to the elected officials within the Town to adopt the code. The Fire Code encompasses anything regulated, except for one- and two-family dwellings, or anything reviewed by the Town or County in the International Residential Code (IRC). Access and water supply, open fire, fire pits, and things of that nature sometimes cross over with the IFC in the IRC. He stated the EVFPD skipped over the 2012 IFC, aligning with the Town’s decision to skip the 2012 Codes. FM Robinson stated the significant changes to the 2012 IFC will also apply to the 2015 adoption. FM Robinson stated the Fire District Board has had three meetings to discuss the IFC. The Fire District has its own Board of Appeals. If a property/business owner wants to appeal a decision of the Fire Marshall, they can take it to the EVFPD Board of Appeals, which consists of three of the Board members. One section that has always been in the code (104.9 Alternative Means and Methods) gives contactors, developers, and property owners the ability to modify the code with an alternative means or method. As long as it is meeting equal or better than fire safety requirements, it could be approved. FM Robinson stated the IFC must be brought to the Estes Park Board of Appeals in order to provide a recommendation to the elected officials concerning this code. CBO Birchfield clarified the IFC is part of the International Codes, adopted as a whole, and includes the Fire Code and the National Electrical Code (NEC). The NEC is adopted by the elected officials, and the Town authorizes the State Electrical RECORD OF PROCEEDINGS Estes Park Board of Appeals 2 September 3, 2015 Board Room, Estes Park Town Hall Inspector to administer the code. Through a resolution, the Town Board would adopt the IFC and give authorization to the EVFPD to administer the code. The Town is the governing body for all the codes, and the Fire District Board supports the proposed local amendments to the IFC. He stated the Fire Board is not proposing to adopt Appendix D. 2012 Significant Changes to the IFC Traffic Calming Devices. Traffic calming devices are prohibited unless approved by the fire code official. If a developer or land owner (commercial) wants to put traffic calming devices in their development, the fire code official has to approve the plans. Any devices must still allow emergency vehicle access. Newly Introduced Textile Wall and Ceiling Coverings. There are new guidelines for finishing on walls and ceilings. This significant change will give the fire district the ability to use a standard to make sure the product is compliant with smoke and heat release rates. The data sheets would show the criteria for fire safety. Artificial Vegetation. This is a modification stating artificial decorative vegetation items shall be tested in accordance with NFPA 289, using the 20 kW ignition source, and shall have a maximum heat release rate of 100 kW. This would be similar to tents, which have a flame rating. Gives change provides more clarity concerning the design standards for artificial vegetation. Items like this are coming into the codes because our built environment has much more plastic than it did 30 years ago. Ambulatory Care Facilities. FM Robinson stated this change is in both the Fire Code and the Building Code. He will work with CBO Birchfield to ensure alignment of these sections. In buildings where care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed on the entire floor where care is provided as well as all floors below, and all floors between the level of care and the closest level of exit discharge, including the level of exit discharge. The hospital would be affected by this change, where people may not be able to exit the building without assistance. Furniture Storage and Display in Group F-1, M and S-1 Occupancies. FM Robinson stated these code provisions came into play following fires where several firefighters died. This pertains to furniture storage or retail mercantile facilities and upholstered furniture manufacturers. F-1 occupancy ratings are used in buildings exceeding 2,500 square feet that are used for the manufacture of upholstered furniture or mattresses. Sprinklers would be required in these buildings. Group M occupancy ratings used in buildings exceeding 5,000 square feet that are used for the display and sale of upholstered furniture or mattresses. FM Robinson stated this is for new construction or change of use occupancies. Group S-1 occupancy is used for the storage of upholstered furniture or mattresses in buildings exceeding 2,500 square feet. This change is needed because the materials used for furniture has changed to include more foam, which is more difficult to extinguish. FM Robinson stated the IFC and the IBC are in alignment on this topic. RECORD OF PROCEEDINGS Estes Park Board of Appeals 3 September 3, 2015 Board Room, Estes Park Town Hall Basements. FM Robinson stated this provision discusses situations where firefighters have to fight fires in basements. Where walls, partitions or other obstructions are installed that restrict the application of water from hose streams, the basement shall be equipped throughout with an approved automatic sprinkler system. This pertains to commercial structures only. This could come into play in commercial buildings that have done work in basements without permits. The stairwells act like a chimney and are hotter and riskier for firefighters. Where Required. FM Robinson stated this section deals with smoke alarm installation and maintenance. Group R occupancies are apartment complexes. The exceptions follow better practice as to where smoke alarms should be located. Some requirements are retroactive. Special Occupancies and Operations (Part 4). FM Robinson explained these sections of the IFC are very specific for aviation, dry cleaners, combustible dust producing operations, motor fuel dispensing operations, etc. There are no significant changes in this part that apply to Estes Park at this time. LP-Gas Cylinder Exchange for Resale. Industry is getting savvier about how they are able to sell propane cylinders electronically. Some municipalities have automated propane exchanges. In this case, the Code is now catching up to the gas industry, which has had safety processes in place for many years. Automated systems are designed that customers swipe their card, open the cage, pull out new one and put in used one, close the door and it locks. FM Robinson stated this significant change gives the code official standards to follow. This type of propane exchange would require a permit issued by the Fire Department, and would include inspections. 2015 Significant Changes to the IFC Solar Photovoltaic Power Systems. FM Robinson stated several property owners in Estes Park have applied for solar panels. This code change pertains to multi-family and commercial structures. FM Robinson stated solar panels can be dangerous for firefighters when firemen need to get on the roof to ventilate a fire. The 2012 code for solar panels was very restrictive and there were many problems for the solar panel industry associated with those restrictions. The 2015 code is an attempt to reach an agreement between the solar associations and the fire departments. In certain situations, the code now requires walkways and heat vents to afford firefighter safety while allowing a very large area for solar panels. The code now authorizes the Fire Chief to waive all the requirements if there is no way to get vertical ventilation during a fire (topographical challenges) At the same time, firefighters will not be attempting to get roof ventilation if there are solar panels present, due to dangers involved (collapse, electrical concerns, etc.). A requirement for solar panels in the EVFPD is a label at the main disconnect so firefighters know solar panels are present and not to get on the roof. Solar systems can hold energy up to two hours after being disconnected. In conclusion, this code revision allows access to the roof, if needed. Fire Sprinklers in Group A Occupancies. FM Robinson stated this change was discussed with the Significant Changes to the IBC. Group A is assembly. If the fire area is sprinklered, the sprinkler must continue to the exit discharge. This is to ensure occupants are protected all the way to the exit. RECORD OF PROCEEDINGS Estes Park Board of Appeals 4 September 3, 2015 Board Room, Estes Park Town Hall Assembly Occupancies on Roofs. FM Robinson stated sprinkler systems must be carried all the way to the exit discharge. Where an occupied roof has an assembly occupancy with an occupant load exceeding 100 for Group A-1, and 300 for other Group A occupancies, all floors between the occupied roof and the level of exit discharge shall be equipped with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. Multiple Group A Fire Areas. FM Robinson stated this change states if you hit certain triggers pertaining to occupancy, you will have to sprinkle the entire building. NFPA 13R Sprinkler Systems – Open-Ended Corridors (Breezeways). An Open-Ended Corridor is defined as an interior corridor that is open on each end, and connects to an exterior stairway or ramp at each end with no intervening doors or separation from the corridor. Sprinkler protection shall be provided in open-ended corridors and associated exterior stairways and ramps as specified in Section 1027.6, Exception 3. This means occupants have to be continually protected throughout the means of egress. FM Robinson stated in Estes Park, new buildings seem to be staying away from open ended corridors. Domestic Cooking Systems in Group I-2 condition 1 Occupancies. FM Robinson stated the new trend is to make kitchens in assisted living facilities closer to living spaces in order to engage the residents in the cooking process. This significant changes requires these types of kitchens to have a domestic cooking hood equipped with an automatic fire-extinguishing system of a type recognized for protection of domestic cooking equipment. FM Robinson stated the Code is keeping up with the new demand. The UL 300A is the new label for a residential cooking hood. This is a commercial system in a residential setting; a self-contained unit that includes fire suppression chemicals. Kitchen fires are the number one cause of residential fires. Carbon Monoxide Detection. FM Robinson stated the Code is catching up with the state on this change. The IFC regulation ensures CO detectors are outside each bedroom. The state of Colorado law requires CO detectors a maximum of 15 feet from any sleeping unit. The IFC states one CO detector outside every bedroom. FM Robinson stated this code change will make it easier for the Fire Department to keep residents and visitors safe. He stated the Fire Department excludes one- and two- family dwellings from this requirement. CBO Birchfield stated there is a local amendment in the IRC and the IBC to enforce CO detectors in residential buildings (as required by the state). There was discussion among the Board and staff concerning adding an amendment to the Property Maintenance Code as a local amendment. Other comments included but were not limited to: EVFPD is working on hiring a public education officer; CO detectors and smoke alarms that are hardwired are only good for 8-10 years; hard-wired detection systems are wired so if one activates, they all activate; CO detectors installation instructions are very specific about where the detectors should be located. Means of Egress. FM Robinson stated this change is mirrored in the IBC and the IFC. The fire district and Town are working together to make sure there aren’t any conflicts between Town codes and fire district areas. Chapter 10 of the IFC has been revamped to make it flow better and is easier to RECORD OF PROCEEDINGS Estes Park Board of Appeals 5 September 3, 2015 Board Room, Estes Park Town Hall comprehend. The Town has current local amendments to Chapter 10, and the Fire district will have the same amendments. Manual Fire Alarm systems in Existing Group R-2 Occupancies. FM Robinson stated these changes are retroactive. Currently, when the fire district, town, and county adopted the 2009 IFC, the section for retroactive requirements was postponed until 2016. These retroactive requirements will apply to buildings that have shown a history of problems, where the fire code has added retroactive provisions for alarms in these buildings. Most issues deal with egress and elevators. The main body that affects Estes are the retroactive requirements for alarms. With the 2015 code being adopted in early 2016, these retroactive requirements will become effective. The retroactive requirements would be identified during an annual inspection. Once identified, the property owner would be notified in writing and would have conversation with the EVFPD to agree on a deadline for the improvements. The property owner would be provided time to do due diligence on the issue. The intent of the fire district is to work with the property owner, not against them. FM Robinson reiterated this code provision went in effect in 2009, with the 2016 requirement date, which was a well thought-out decision. The fire district has done public education to the Estes Area Lodging Association so remind them of the deadline. He has identified approximately 14 structures that will be needing a system, and has personally provided information to those property owners. CBO Birchfield added the fire code was adopted for the first time in 2011. What has changed is these provisions are now in the fire code and not in the building code (except where they overlap). The fire district chose to put these provisions on hold until 2016. He explained this is a place where the fire code is different than the building code. The Division of Building Safety has to comply with the fire code. Any appeals for this section would have to go to the Fire District Board of Appeals. Concerning the significant change for manual fire alarm systems, FM Robinson explained this is the type of system where a person physically sets off the alarm by pushing a “box.” This type of alarm would be required on existing hotels and motels if they are more than three stories or have more than 20 sleeping units in one building. He stated there are less than ten structures in the district with more than 20 sleeping units in one building without individual exits from each unit. The code provision works with the owner to ensure compliance. There are five or six structures in town that have more than 21 units with interior corridors, which require smoke alarms. To date, he has not had any negative responses from property owners concerning this retroactive provision. FM Robinson will be doing additional public outreach for education of this provision. He reiterated he is not here to hurt development, but to make it safe and to work with the owners and get the job done. Some apartment complexes will be affected as there is a 16-unit maximum before the new provisions kick in. Many buildings in Estes are fairly small and exit to the exterior. FM Robinson stated there are other retroactive requirements, including Egress. There are retroactive provisions for widths of doors, etc. Most of the other retroactive changes do not affect Estes Park (elevators, escalators, large shafts, etc.) He stated three or four local accommodations properties have already made the changes. RECORD OF PROCEEDINGS Estes Park Board of Appeals 6 September 3, 2015 Board Room, Estes Park Town Hall Enforcement. FM Robinson stated once a violation was determined, communication would occur with the violator and together they would come up with a compliance deadline. Special Occupancies. As in the 2012 codes, these chapters deal with aviation, industrial facilities, motor fuel dispensing facilities, distilleries, etc. There are no significant changes in this part that would affect anything we’re doing now. Temporary Stage Canopies. FM Robinson stated these are canopies that hold an integrated electrical and lighting system. These are not small pop-up tents like we have on a regular basis in Bond Park. These un-engineered temporary stage structures are being expected to support heavy loads, and have a history of collapsing, causing deaths. The code provisions now require third-party inspections. If we get any of these in town a building permit would be required (with third-party plans examiners and inspections). This is now a national standard. Carbon Dioxide Systems Used in Beverage Dispensing Applications. FM Robinson stated this change was initiated due to leaking systems in a McDonald’s restaurant. Protection systems are now in place. This provision is catching up to problems that they have had in the US. The smaller the business, the smaller the bottle needed. Owners of restaurants and bars can save money by installing a refillable tank (called a doer). The idea behind a doer is that there is a quick-connection to the outside, and empty bottles are refilled outside the building. There are a lot of these types of systems in Estes Park. FM Robinson explained this provision requires carbon dioxide alarm systems for bottles over 100 pounds. This is not a retroactive requirement. Any new restaurants that have the doers will be required to have the alarm systems. This provision includes ventilation requirements for air turnover. There was general consensus among the Board to support the adoption of the Fire Code. REPORTS None. There being no further business, the meeting was adjourned at 5:59 p.m. ___________________________________ John Spooner, Chair ___________________________________ Karen Thompson, Recording Secretary Town of Estes Park, Larimer County, Colorado, September 25th, 2015 Minutes of a meeting of the AUDIT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 25th day of September, 2015. Committee: Mayor Bill Pinkham, Committee Chairman/Trustee John Ericson, Town Administrator Frank Lancaster, Assistant Town Administrator Travis Machalek, Finance Officer Steve McFarland Attending: Committee: Trustee Ericson, Town Administrator Lancaster, Assistant Town Administrator Machalek, and Finance Officer McFarland Non-Committee: Paul Neidermuller, CPA – CliftonLarsonAllen (auditing firm). Absent: Mayor Pinkham. Chairman Ericson called the meeting to order at 8:00 a.m.   NEW BUSINESS  1. 2014 Single Audit (A‐133) review  a. Paul Neidermuller, CPA, of CliftonLarsonAllen (CLA), presented the  Audit Committee with the Federal Awards Report in Accordance with the  Single Audit Act and OMB Circular A‐133, December 31, 2014.  A Single  Audit is required when over $500,000 in Federal grant monies are spent in  a calendar year.  The report is due by September 30th for the previous year.   The Single Audit focuses on issues of internal control and compliance.  It  also reports schedules of expenditures of Federal Awards, notes to the  same, findings and questioned costs, and a schedule of prior year findings.   Highlights of the report include:  i. CLA issued a “clean” opinion (page 3) in regards to the Single  Audit.  ii. The Town expended $2,129,543 (page 6) in Federal monies in  2014.  iii. Page 8 identifies that significant deficiencies were identified  during the course of the audit.  A “significant deficiency” is  Audit Committee – September 25th, 2015 – Page 2 present when control procedures are such that a financial  misstatement could occur (not necessarily that a misstatement  did occur.  The findings are listed on pp 9‐13.  The activity as  well as the proposed remedy is listed for each finding.     2. Presentation to Town Board at October 13, 2015 Board meeting  a. Paul Neidermuller, CPA, of CliftonLarsonAllen, confirmed that he will  be in attendance and will be presenting the findings of the Single  Audit at the October 13, 2015 Board meeting.    3. Other New Business  a. Finance Officer McFarland asked Mr. Neidermuller to give a cursory  review of the ramifications of GASB 68 on the Town’s 2015 Financial  Statements/Comprehensive Annual Financial Report (CAFR).  GASB  68 dictates that government employers that sponsor defined benefit  plans will now recognize a net pension liability (unfunded accrued  liability) in their statement of net position (balance sheet) in their  2015 financial statements.  This is the difference between total  pension liability (actuarial accrued liability) and plan assets (at fair  value).  This may or may not have adverse effects on the Town’s  financial statements, particularly in the proprietary (utilities) funds.   b. Trustee Ericson discussed the importance of timeliness on the parts  of both Staff and CLA for the 2015 Audit process.  Specifically, the  Town does not want to file for an extension with the Government  Finance Officers’ Association in 2016 for the 2015 CAFR.  There being no further business, Chairman Ericson adjourned the meeting at 9:00 a.m. Steve McFarland, Finance Officer PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Kevin McEachern, Public Works Operations Manager Greg Muhonen PE, Public Works Director Date: October 13, 2015 RE: Culvert Jet Trailer Replacement Objective: To replace the Public Works Street Division’s Culvert Jet Trailer. Unit G37 is a 1986 FMC with over 800 hours of service. Unit G37 will be replaced with a 2015 Spartan Hi Flow Ultimate Warrior Jetter. The new Culvert Jet Trailer will be used for cleaning storm water culverts. Present Situation: Pending approval, the Street Division will purchase the new Culvert Jet Trailer with the funds budgeted for this purpose in the 2015 Vehicle Replacement Fund. Quotes were received from three vendors as follows: 1) Williams Equipment, LLC, 9670 Dallas St. Unit J, Henderson, CO 80640 Price with trade, $47,260 2) Faris Machinery, 5770 East 77th Ave. Commerce City, CO 80022 Price with trade, $56,870 3) Neverest Equipment Co. P.O. Box 583, Commerce City, CO 80037 Price no trade, $55,173 Proposal: Public Works proposes to accept the low bid of $47,260 from Williams Equipment, LLC. Advantages:  New Equipment  More efficient operation  Updated safety features  Less maintenance costs Disadvantages:  None Action Recommended: Staff recommends purchase of the 2015 Spartan Hi Flow Ultimate Warrior Jetter to replace the 1986 FMC Jet Trailer Unit G37 for $47,260. Budget: Amount budgeted to replace Unit G37: $60,000 635-7000-435-34-42 / Vehicle Replacement Fund Total cost of replacement: $47,260 This is a savings for the Town of Estes Park Vehicle Replacement Fund of $12,740 Level of Public Interest Low. New culvert cleaning equipment. Recommended Motion: I move for the approval/denial for the purchase of the 2015 Spartan Hi Flow Ultimate Warrior Jetter from Williams Equipment, LLC for the cost of $47,260. Estimate Date 09/29/15 Estimate No. 106 Name/Address Town of Estes Park Attn: Mr. Kevin McEachern Project Thank You for Your Business. Williams Equipment, LLC 9670 Dallas Str, Unit J Henderson, CO 806 Item Description Quantity Cost Total Item Spartan Hi-Flow Ultimate Warrior Sewer Jetter 1 49,260.00 49,260.00 - 35gpm/3000psi water pump - 600 gallon water tank with integrated baffles - 180 degree pivoting hose reel - 3/4" x 500' sewer hose - Fully enclosed, lockable with soundproofing throughout for the quietest jetter on the market - Electrically controlled pump pulsation - Spray-Down gun - Full system winterization with antifreeze recirculation - Top-mounted amber strobe - Torsion dual-axle suspension with electric brakes - Low water, low oil, high temperature shut-down protection - 83HP Turbo Diesel Engine Item Less Trade-In: 1984 FMC Trailer Jet 1 -2,000.00 -2,000.00 Delivery: 30-45 Days ARO. Total $47,260.00 PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Kevin McEachern, Public Works Operations Manager Greg Muhonen PE, Public Works Director Date: October 13, 2015 RE: 2015 Street Overlay Contract Award Objective: Repair and resurface two streets and construct an asphalt pad utilizing the Street Improvement Fund in the 2015 budget. Scott Avenue will be patched and overlaid with a section that will be reconstructed. Stanley Avenue will be edge milled and overlaid. The asphalt pad will be constructed for the new Aggregate Storage Building at the Elm Road storage area. Present Situation: Scott Avenue has been heavily damaged by the industrial truck traffic this past summer while used as the detour route during the utility flood repair work on Fish Creek Road. Stanley Avenue is a primary route to the hospital. The street surface is very rough due to a proliferation of cracking, creating a jarring ride for ambulance operators. Public Works needs a clean, durable floor surface for the new aggregate storage tent to accommodate year-round operation of the spray patcher. Proposal: The Public Works Department proposes to utilize the 2015 Street Improvement Fund for the repair and resurfacing of Scott Avenue and Stanley Avenue and the construction of the asphalt pad at the Elm Road storage area. This will be accomplished by awarding the 2015 Street Overlay contract to Coulson Excavating Co., Inc. of Loveland, CO for the amount of $206,448.97. The Public Works Department proposes to make this contract award under the Town’s Purchasing Policy Section 600.11.3 which allows the use of another public bid process. In this case, the contractor (Coulson Excavating Co., Inc.) honored the Larimer County 2015 bid procurement prices for their 2015 Resurfacing Program. Advantages:  2015 major street rehabilitation asphalt project using the 1A Tax Street Improvement Fund.  Repair and Resurface of two low rated PCI streets.  Lower cost of construction by partnering with Larimer County. The unit price of $77 per ton for Hot Mix Asphalt is nearly half the bid price of $137 per ton the Town received last year for the Community Drive repair work. Disadvantages:  Temporary traffic disruption during construction period (estimated to be no more than two weeks). Action Recommended: Public Works staff recommends the 2015 Street Overlay Contract be awarded to Coulson Excavating Co., Inc. Budget: 2015 Street Overlay Contract--$206,448.97 / 260-2000-420-25-20 / Street Improvement Fund Level of Public Interest: High. The community is eager to see the tax initiative 1A funds put to work on street repairs. Recommended Motion: I move for the approval/denial of the 2015 Street Overlay Contract award to Coulson Excavating Co., Inc. for the amount of $206.448.97. 1 Construction Agreement TOWN OF ESTES PARK CONSTRUCTION AGREEMENT THIS AGREEMENT is effective as of the day of , 2015 by and between the Town of Estes Park (TOEP), a body corporate and political, P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter called OWNER) and Coulson Excavating Co., Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2015 Street Overlay Work will include: a. Scott Avenue – 4” Patching b. Scott Avenue – 4” HMA Removal c. Scott Avenue – 2.5” Paving d. Scott Avenue – 4” Paving e. Stanley Avenue – Edge Mill f. Stanley Avenue – 2.5” Paving g. Elm Road – 5” Pad Paving h. Construction Traffic Control i. Manhole Paving Rings j. Water Valve Paving Rings Article 2. PROJECT MANAGER The project Manager shall be Kelly Stallworth, Public Works Department, Estes Park, Colorado, who is hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES The Work must be completed by November 6 , 2015, and ready for final payment in accordance with the General Conditions subject to applicable laws regarding final payment. The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents. The contractor will proceed with the Work at such rate of progress to insure full completion within the Contract Time. 2 Construction Agreement It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climate and economic conditions and other factors prevailing in the locality of the Work. If the Contractor shall fail to complete the Work within the Contract Time, or extension of time granted by the Owner pursuant to a Change Order, then the Contractor will pay to the Owner the amount for liquidated damages as specified in this Article. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to the following and the Contractor has promptly given Written Notice of such delay to the Owner. A. To any act of the Owner. B. To foreseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unforeseeable severe weather and acts of the federal or state government. C. Provision for unusually severe weather is included within the specified construction period. No further allowance for severe weather shall be made regardless of actual weather conditions, except for adverse weather of unprecedented severity as determined by the Owner. Contractor shall assume responsibility for adequate weather protection of work in progress and work in place, recognizing the inclement weather typical of the mountain environment and the season of the year. D. Any inconvenience or scheduling delays caused by the failure or neglect of any Subcontractor, suppliers or material personnel shall not be considered as an unforeseeable cause beyond the control and without the fault of the Contractor and further shall not be grounds for delay of the completion of the Work. The Owner shall have the right to deduct the amount of liquidated damages from any moneys due or to become due to the Contractor, or to sue for and recover compensation and his Surety, from the Contractor. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement, and that the OWNER will suffer financial loss if the Work is not completed in accordance with the contract time set forth in Article 2 of this Agreement. Further, the parties recognize that delays, expense and difficulties in proving in a legal proceeding the actual losses or damages including special, indirect, consequential, incidental and any other losses or damages suffered by OWNER if the Work is not completed as required in Article 2 of this Agreement. Accordingly, and instead of requiring proof of such loss or damages, the parties agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $600.00 for each calendar day that expires after the time specified in Article 2 of this Agreement for Completion of Work. By execution of this Agreement, the OWNER and CONTRACTOR expressly agree that these liquidated damages amounts are reasonable under the circumstances existing at the time this Agreement is executed. 3 Construction Agreement Article 4. CONTRACTOR PRICE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit prices times the quantities of work actually completed. Unit prices are those shown in the Proposal and Quantities of work actually completed will be determined by the PROJECT MANAGER. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by the PROJECT MANAGER as provided in the General Conditions. 5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town’s Annual Vendor Payment Schedule on account of the Contract Price on the basis of CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as provided by the General Conditions during construction as provided in paragraphs 5.1.1 and 5.2 below. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the General Conditions. a. Ninety-five percent (95%) of Work completed (with the 5% balance being Retainage). b. Ninety-five percent (95%) with the balance being Retainage of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in the General Conditions). 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER will publically advertise the Project Completion for two weeks. Should no liens be officially posted the Owner shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER as provided in the General Conditions. Article 6. INTEREST Following settlement of any claims posted again this Contract; final payment will be made in accordance with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as provided in paragraph 27 of the General Conditions shall bear interest at the rate of 10% per annum compounded monthly. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 4 Construction Agreement 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical data". 7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing the Work. 7.3 CONTRACTOR acknowledges he knows, understands, and accepts all plans, specifications, and design intent of the Work. 7.4 CONTRACTOR acknowledges he has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 7.5 CONTRACTOR assumes full responsibility and obligation for safety, high quality workmanship, and timely completion of this project as illustrated by the plans, drawings, and specifications. Contractors are required to comply with applicable federal, state, and local safety and health laws, regulations and ordinances 7.6 CONTRACTOR understands that he may make on-site layout and grading and construction modifications to achieve the desired intent. Such modifications/grading changes and layout cost are already included in the Contract Documents. 7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based Agreement, either based on: 1) unit prices 2) maximum lump sum amount 3) price quote: totaling $ 206,448.97 that shall not be exceeded or increased, except for contract changes allowed, agreed, and approved in writing by Change Order. 7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to such damages or claims) to the OWNER or claimed by third parties against the OWNER, arising directly or indirectly out of CONTRACTOR'S negligent performance of any of the requirements, provisions, or services furnished under this Agreement. 7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 9 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 5 Construction Agreement 7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions. 7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, may consist of all, or some, of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement. 8.3 Notice of Award 8.4 Notice to Proceed. 8.5 Information for Bidders. 8.6 Special Conditions. 8.7 General Conditions. 8.8 Drawings bearing the title: 8.9 Addenda (s). 8.10 Contractor’s Bid. (Bid Proposal, Price Quote, Bid sheet & Appendix) Town of Estes Park HMA Repairs 8.11 Bid Bond 8.12 Performance & Payment Bond 8.13 Drawings, Plans, Details (including all Larimer County documents as referenced) 8.14 Technical Specifications and Details. 8.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.16 Change Orders (post approval signatures) 8.17 Insurance Certificate, Business License, Tax Certification. 8.18 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. The documents composing the Contract Documents are attached to this Agreement and made part hereof 6 Construction Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Documents is as follows: 1. Change Orders for clarification of drawings 2. This Agreement 3. Addenda 4. Drawings 5. Special Conditions 9 General Conditions Article 9. MISCELLANEOUS 9.1 Reference to the General Conditions shall include modification thereto by any Supplementary Conditions issued. 9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the Retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 7 Construction Agreement 9.6 The OWNER has allocated sufficient funds to pay the contract price. 9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.8 The Contractor certifies that the Contractor shall comply with the provisions 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. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by PROJECT MANAGER on their behalf. This Agreement will be effective as provided on the first page hereof. TOWN OF ESTES PARK By: ______________________________ By: __________________________ William C. Pinkham 8 Construction Agreement Title: Mayor Title: ________________________ (If CONTRACTOR is a corporation attach evidence of authority to sign.) Attest: __________________________ Attest: ______________________ Address for giving notices: Address for giving notices: 170 MacGregor Avenue P. O. Box 1200 Estes Park, Colorado 80517 970-577-3604, kmceachern@estes.org 9 Construction Agreement Town of Estes Park Public Works Department GENERAL CONDITIONS 1. CONTRACT DOCUMENTS: The Contract Documents are the General Conditions, Special Conditions, Technical Specifications and Details, Drawings, Bid Proposal, Notice of Award, Contract Agreement, Notice to Proceed, and Change Orders, all of which contain the provisions required for the construction of the Project. 2. CONTRACTOR: The entity with whom the Owner has entered into the Contract, acting directly or through lawful agents or employees, primarily liable for the performance of the Work. The Town Purchase Order shall be considered the legal binding contract. OWNER: All papers required to be delivered to the Owner shall, unless otherwise specified in writing to the Contractor, be delivered to: Kelly Stallworth, Pavement Manager 170 MacGregor Avenue P.O. Box 1200 Estes Park, CO 80517 Phone: (970)577-3577 / Fax: (970)586-6909, kstallworth@estes.org 3. WORK: The furnishing of all labor, materials, equipment, and other incidentals necessary and convenient to the successful completion of the Project. Work also includes the execution of all duties and obligations imposed by the Contract Documents and the entire completed construction of the various separate and identifiable parts thereof, required to be furnished under the Contract Documents. CONTRACTOR 4. The Contractor shall provide a copy of their insurance to the Town and protect and indemnify the Owner and its agents against any claim or liability arising from or based on the violations of such ordinances, regulations, or laws, caused by the actions of the Contractor, his agents, employees, and subcontractors. 5. The Contractor warrants to the Owner that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and to the satisfaction of the Owner, for fifteen full years starting from the time of final project acceptance. 6. The Contractor shall be required to remove all debris and excess material generated by the 10 Construction Agreement Work. The final cleanup shall be to the satisfaction of the Owner. The Contractor shall be responsible for disposal of all debris and excess material to a site furnished by the Contractor and in a sanitary and environmentally safe manner. SUPERVISION 7. The Contractor will supervise and direct the Work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. PROTECTION OF PERSONS AND PROPERTY 8. The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. They will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the Work and the public who may be affected thereby, all the Work and all the materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including pedestrian and vehicular traffic, trees, shrubs, lawns, fences, walks, pavements, roadways, structures and utilities, shown nor not shown on the plans which are not designated for removal, relocation or replacement in the course of construction. 9. The Contractor shall provide, erect and maintain all necessary watchmen, flag men, signing, traffic devices, barricades and sanitary facilities, as required by the conditions and progress of the Work and all other necessary safeguards for safety and protection, as set forth by the United States Department of Labor, Occupational Safety and Health Administration. He will notify owners and users of adjacent utilities when prosecution of the Work may affect them. He shall keep adjacent highways, streets and private access open to traffic and free of dirt and litter resulting from handling operations. SUBCONTRACTS 10. The Contractor may utilize the services of subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award Work to subcontractor(s), in excess of fifty percent (50%) of the total Contract Price, without prior written approval of the Owner. 11. The Contractor shall be fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Inconveniences and scheduling delays caused by one subcontractor on another shall be the responsibility of the General Contractor and not reflect additions to the contract time. 11 Construction Agreement PERMITS AND LICENSES 12. The contractor shall acquire a Town Business License prior to the Notice to Proceed. TAXES 13. This Project is tax exempt. The Contractor and any Subcontractor shall exclude all sales and use taxes administered by the State of Colorado from the bid amount submitted arising out of such purchase, if any, by the Contractor and any Subcontractor of any tangible property to be built into the Work. Building materials for construction work on property owned by tax- exempt organizations: religious, charitable and governmental, may be purchased tax free. However, the purchaser must have an Exemption Certificate. To obtain the certificate, the contractor must submit an "Application for Exemption Certificate" (DR 0172) to the Department of Revenue, (or contact the Town’s Finance officer). The sales and use tax exemption applies to materials that become part of the structure, highway, road, street or other public works owned and used by the tax-exempt organization. Also, electricity and most fuels consumed in performing real property construction are exempt. The purchase or rental of equipment, supplies, and other materials by the contractor is taxable. CHANGES IN THE WORK 14. The Owner may at any time, as the need arises, order changes within the scope of the Work. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment shall be authorized by Change Order. All Change Orders shall be in writing, executed by the parties and contain the amount of the adjustment in the contract price or the time required for performance of the Work. 15. All change orders shall be initiated by the Contractor and shall be accompanied by sufficient documentation to enable the Owner to determine the scope of the changes with regard to the change in the work, the amount of work required and any necessary change in the completion schedule of the project. No change orders shall be effective, and no work shall proceed, until such time as it has been approved and signed by the Owner. PARTIAL PAYMENT 16. The Contractor, after the last day of the month in which work on the Project was performed, shall prepare for the Owner's approval, a partial payment estimate of the value of the Work in place. The Owner shall retain five percent (5%) of the total value of the amount the Contractor has earned to date. Payment to the contractor shall comply with the Town annual pay schedule. 12 Construction Agreement SEMI-FINAL INSPECTION 17. Upon preparation by the Contractor of the final partial payment estimate, the Contractor shall advise the Owner in writing that the Work is substantially complete and request a semi-final inspection be made in preparation for final acceptance by the Owner. The Owner, upon receipt of written request for semi-final inspection, shall schedule a Final Walkthrough and produce a Punch List of outstanding items. A written list advising him of any deficiencies, corrective measures or cleanup that he must complete prior to preparation of the final payment request and final acceptance. (After which time the warranty may begin) SUBSURFACE CONDITIONS 18. Plan dimensions shall be taken as correct but shall be checked by the Contractor before starting construction. Any errors, omissions, or discrepancies in the plans, specifications, or physical layout shall be brought to the attention of the Owner, and their decision thereon shall be final. INDEMNIFICATION 19. The Contractor agrees to indemnify and hold harmless Owner, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims and demands, on account of injury, loss, or damage, including without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, as set forth in the Colorado Revised Statues. CONTRACTOR'S WORKING CONDITIONS 20. SUPERINTENDENCE: The Contractor shall give his personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent, or other representative satisfactory to the Owner and having authority to act for the Contractor. All directions given to him shall be as binding as if delivered to the Contractor. 21. USE OF THE JOB SITE AND PRIVATE LAND: The Contractor shall confine his equipment, apparatus, the storage of materials and operations of their workers to the limits of the parking area immediately adjacent, or as indicated by law, ordinances, permits or directions of the Owner and shall not encumber the premises with his materials. The Contractor shall not use any vacant lot or private land as a plant site, parking area, depository for materials, or as a waste site without the written authorization of the property owner (or his agent), a copy of which authorization shall be filed with the Owner. 22. PROTECTION OF THE PUBLIC, WORKS, AND PROPERTY: The Contractor shall provide and maintain all necessary barricades, lights and warning signs and take all necessary precautions for the protection of the public. He shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect Owner's property 13 Construction Agreement from injury or loss arising in connection with the Work. Contractor shall correct any damage, injury or loss to its work and to the property of the Owner, except such as may be due to or caused by agents or employees of the Owner. 23. REMOVAL OF DEBRIS, CLEANING: The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus material and debris to a site of his choice, and at his expense, and keep the project area clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for the work, and put both the site of the work and the public rights of way in a neat and clean condition. Any waste blown away by the wind will also be the contractor’s responsibility. INSURANCE 24. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverage’s listed below. Such coverage's shall be procured and maintained with forms and insurers acceptable to Owner. All coverage’s shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the Contract Documents. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. A. Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract. Evidence of qualified self- insured status may be substituted for the Worker's Compensation requirements of this paragraph. B. General and Automotive Liability insurance with minimum amounts of One Million Dollars ($1,000,000) each occurrence. 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 include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. C. The policy required by Paragraph B above shall be endorsed to include Owner and Owner's officers and employees as additional insured. Every policy required above shall be primary insurance, and any insurance carried by Owner, its officers, or its employees, or carried by or provided through any insurance pool of Owner, shall be excess and not contributory insurance to that provided by Contractor. The Contractor shall be solely responsible for any deductible losses under any policy required above. D. The certificate of insurance provided by Owner shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits 14 Construction Agreement are in full force and effect, and shall be reviewed and approved by Owner prior to commencement of the Contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least 30 days' prior written notice has been given to Owner. E. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, condition, and minimum limits shall constitute a material breach of contract upon which Owner may immediately terminate this contract, or at its discretion, Owner may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by Owner shall be repaid by Contractor to Owner upon demand, or Owner may offset the cost of the premiums against any monies due to Contractor from Owner. F. Owner reserves the right to request and receive a certified copy of any policy and any endorsement thereto. G. The parties hereto understand and agree that Owner is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et seq., C.R.S., 1973 as from time to time amended, or otherwise available to Owner, its officers, or its employees. NON-DISCRIMINATION 25. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job training." BID BOND AND PERFORMANCE AND PAYMENT BOND 26. The Contractor will be required to submit both BID BOND and PERFORMANCE AND PAYMENT BOND as detailed in the attached documents with the project name 2015 Street Overlay. 15 Construction Agreement TOWN OF ESTES PARK PUBLIC WORKS DEPARTMENT BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and , as Surety, are hereby held and firmly bound unto the Town of Estes Park, Colorado, as Owner, in the penal sum of for the payment of which, will and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the Town of Estes Park, Colorado, the accompanying Bid Proposal, and hereby made a part hereof to enter into a Contract Agreement for the construction of the following Town of Estes Park Project: WHEREAS, the Owner, as a condition for receiving said Bid Proposal, requires the Principal to deposit with the Owner a Bid Proposal Guaranty, equivalent to not less than Five (5) Percent of the amount of said Bid Proposal. NOW, THEREFORE, a. If said Bid Proposal shall be rejected; or in the alternate, b. If said Bid Proposal shall be accepted and the Principal shall execute and deliver a Contract Agreement (properly completed in accordance with said Bid Proposal) and shall furnish a Performance and Payment Bond upon the forms prescribed by the Owner for the faithful performance of said Contract; and for the payment of all persons performing labor of furnishing materials in connection therewith; and shall in all other respects perform the agreement created by the acceptance of said Bid Proposal; then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as therein stated. The Surety, for value received, hereby stipulated and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. 16 Construction Agreement IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, this _______ day of ________________, 20___ and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name: Address: By: Attorney-in-fact: Title (SEAL) (SEAL) Note: Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be acceptable to the Owner. 17 Construction Agreement PERFORMANCE AND PAYMENT BOND 2015 Street Overlay Bond No.__________________ KNOW ALL MEN BY THESE PRESENTS that: FIRM ADDRESS (an Individual), (a Partnership), (a Corporation), hereinafter called Principal; and FIRM ADDRESS hereinafter called Surety, are held and firmly bound unto the Town of Estes Park, P.O. Box 1200, Estes Park, Colorado, 80517, a Municipal Corporation, hereinafter called the Owner, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THESE OBLIGATIONS are such that whereas the Principal entered into a certain Contract Agreement with the Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of Town of Estes Park Project . NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract Agreement during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without Notice to the Surety and during the life of the guaranty period, and if he shall satisfy all claims and demands incurred under such Contract Agreement, and shall fully indemnify and save harmless the Owner from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and if he shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract Agreement, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 18 Construction Agreement IN WITNESS WHEREOF, this instrument is executed in three (2) counterparts, each one of which shall be deemed an original, this the day of , 20____. IN PRESENCE OF: PRINCIPAL BY ADDRESS (Corporate Seal) OTHER PARTNERS (Surety Seal) SURETY ATTORNEY IN FACT ADDRESS NOTE: Date of Bond must not be prior to date of Contract Agreement. If Contractor is partnership, all partners should execute Bond. IMPORTANT: Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the Owner. PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Kelly Stallworth, Public Works Pavement Manager Greg Muhonen, PE, Public Works Director Date: October 13, 2015 RE: 2015 Pavement Condition Assessment Contract Award Objective: Establish a comprehensive database of Town of Estes Park streets and their current condition and use this data to aid in the selection of maintenance and repair solutions in Estes Park’s pavement management program. Present Situation: Public works is looking to gather comprehensive and current data on the condition of all streets in the Town of Estes Park system. This data would be used to build a successful Pavement Management Program that meets the expectations of the town and responsibly allocates tax payer dollars to best meet the Town Board’s goal of having a minimum system PCI of 70 by 2024. In order to complete the Pavement Condition Assessment in 2015 and avoid data collection issues arising from snow on the roads, contractors have made it known that they would need a Notice to Proceed by mid-October 2015. Proposal: Public Works proposes utilizing funds from the Street Improvement Fund to hire a consultant to collect current roadway distress data to integrate into the Town’s Pavement Management Program. Proposals from three pavement management consultants were received and evaluated. Borstad Consulting Services, LLC is a Fort Collins firm with extensive Colorado experience in evaluating local agency roadway networks and training pavement distress inspectors. They are available to start on our network in late October. Advantages:  Provides a firm foundation of current data on which to base future roadway maintenance and repair decisions  Provides a repeatable and standardized process of data collection  Provides expert support in collection and implementation  Provides data necessary to make responsible decisions Disadvantages:  Spending money on an item that will not directly improve streets – However this will allow us to make the best use of all future money spent in the Pavement Management program. Action Recommended: To advance this Pavement Condition Assessment and meet goals of completion this year, Staff recommends that the 2015 Pavement Condition Assessment Contract be awarded to Borstad Consulting Services, LLC. Budget: The $30,000 cost of this project will be funded from the Street Improvement Fund (Account #260). Level of Public Interest We anticipate the public to have high interest. We believe that awarding this contract will give us the best tools to properly administrate funds from the 1A tax initiative. Sample Motion: I move for the approval/denial of the 2015 Pavement Condition Assessment Contract award to Borstad Consulting Services, LLC for an amount not to exceed $30,000. Consultant Contract 1 of 8 Town of Estes Park Public Works Department AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered into this _13th_ day of __October__, 2015, by and between the Town of Estes Park, County of Larimer, State of Colorado (the “Town”) and Borstad Consulting Services, LLC an independent contractor (“Consultant”). WHEREAS, the Town requires professional engineering services related to the; 2015 Pavement Condition Assessment; and WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and experience to perform the required engineering services; NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. SCOPE OF SERVICES A. Consultant shall furnish all labor and materials required for the complete and prompt execution and performance of its duties, obligations, and responsibilities (the “Work”) which are described or reasonably implied in the Consultant’s proposal dated XXXXX, which is provided as Exhibit A attached hereto and incorporated herein by this reference. B. No material change to the Scope of Services, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. REPORTS, DATA, AND WORK PRODUCT A. The Town shall provide Consultant with reports and such other data as may be available to the Town and reasonably required by Consultant to perform the Scope of Services. All documents provided by the Town to Consultant shall be returned to the Town. Consultant is authorized by the Town to retain copies of such data and materials at Consultant's expense. B. Other than sharing information with designated third parties as previously directed by the Town, no project information shall be disclosed by Consultant to third parties without prior written consent of the Town or pursuant to a lawful court order directing such disclosure. C. The Town acknowledges that the documents created by Consultant for the Project, including but not limited to drawings, designs, specifications, reports, and incidental work or materials (the “Work Product”), are instruments of professional service. Nevertheless, Consultant Contract 2 of 8 copies of the Work Product shall be provided to the Town and other contractors and subcontractors shall be authorized to use and reproduce applicable portions of the Work Product that are appropriate to use in the execution of their work related to the Project. The Work Product shall become the property of the Town upon completion of the Work. Consultant, however, shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property and all rights to any intellectual property developed, utilized, or modified in the performance of the Work. D. Consultant shall provide to the Town electronic versions of the Work Product in the format directed by the Town’s RFP. III. COMPENSATION AND FINAL SETTLEMENT A. In consideration for the completion of the Work by Consultant, the Town shall pay Consultant an amount equal to the firm-fixed price extended in Exhibit A, which is XXXXXXXXXXXXXXXXXXXXXXXXXXXX ($00,000). The amount specified herein shall include the fees and expenses anticipated to be incurred by Consultant in performing all services hereunder, as described in Exhibit A. The amount specified herein shall exclude the fees and expenses anticipated to be incurred by others in performing the work described in Exhibit A. B. If, on the basis of the Town’s observation of the Work and the Town's review of the final invoice and accompanying documentation as required by this Agreement, the Town is satisfied that the Work has been completed and Consultant’s other obligations under this Agreement have been fulfilled, the Town will, within forty-five (45) days after receipt of the final invoice pay the amount due. Otherwise, the Town will return the invoice to Consultant, indicating in writing the reasons for refusing to schedule final settlement, in which case Consultant shall make the necessary corrections and resubmit the invoice. IV. COMMENCEMENT AND COMPLETION OF WORK Within seven days of receipt of a Notice to Proceed, Consultant shall commence work as set forth in the Scope of Services or that portion of such work as is specified in said Notice. Except as may be changed in writing by the Town, the Scope of Services shall be complete and Consultant shall furnish the Town the specified deliverables as provided in Exhibit A. V. PROFESSIONAL RESPONSIBILITY A. Consultant hereby warrants that it is qualified to perform the Work, holds all professional licenses required by law to perform the Work, and has all requisite corporate authority to enter into this Agreement. B. The Work shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Work shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. C. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, Consultant Contract 3 of 8 specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for construction costs caused by errors and omissions which fall below the standard of professional practice. D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of the work. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Work shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. E. Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder, or affiliate of Consultant shall not have a financial relationship with or an ownership interest in any person and/or entity which entity and/or person shall be the recipient of any contract or work for the project designed by Consultant pursuant to the terms and conditions of this Agreement. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant’s services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the project. Consultant also understands and agrees that part of the services to be provided pursuant to the terms of this Agreement are construction management services which require independent judgment of Consultant in the representation of the Town with regard to construction of the project. Consultant understands and agrees that the Town is relying upon the independent judgment of Consultant with regard to the services provided herein. F. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the Scope of Services. Upon execution of this Agreement, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Agreement including, but not limited to, Section XI, L. VI. INSURANCE A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law. B. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000) disease – policy limit, and five hundred thousand dollars ($500,000) disease – each Consultant Contract 4 of 8 employee. Evidence of qualified self-insured status may be substituted for the worker's compensation requirements of this paragraph. 2. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interest provision, and shall be endorsed to include the Town and the Town's officers, and employees as additionally insured. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim and one million dollars ($1,000,000) general aggregate. C. Any insurance carried by the Town, its officers, its employees, shall be excess and not contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any deductible losses under any policy. D. Consultant shall provide to the Town a certificate of insurance, completed by Consultant's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated, or materially changed until at least thirty (30) days prior written notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto. E. Failure on the part of Consultant to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Consultant from the Town. VII. INDEMNIFICATION Consultant agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representatives, agents, employees and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, which arise out of the negligent act, omission, error, professional error, mistake, negligence, or other negligent fault of Consultant, any subcontractor of Consultant, or any officer, employee, representative, or agent of Consultant or of any subcontractor of Consultant, or which arise out of any workmen's compensation claim of any employee of Consultant or of any employee of any subcontractor of Consultant. In any and all claims against Town or any of its officers, insurers, volunteers, representatives, agents, employees or assigns, by any employee of Consultant, any subcontractor of Consultant, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, Consultant Contract 5 of 8 the indemnification obligation under this Section VII shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under worker’s compensation actions, disability benefit acts or other employee benefit acts. In the event it becomes necessary for the Town to bring any action to enforce any provision of this Agreement or to recover any damages the Town may incur as a result of the breach of this Agreement, including, but not limited to, defective work, and the Town prevails in such litigation, Consultant shall pay the Town its reasonable attorneys’ fees as determined by the court. VIII. TERMINATION This Agreement shall terminate at such time as the Work is completed and the requirements of this Agreement are satisfied, or upon the Town's providing Consultant with seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by the Town's issuance of written notice of intent to terminate, the Town shall pay Consultant the reasonable value of all work previously authorized and completed prior to the date of termination. If, however, Consultant has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Work, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented to by Consultant. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town’s obligations under this Agreement are subject to annual appropriation by the Town Board of the Town. Any failure of the Town Board annually to appropriate adequate monies to finance the Town’s obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to Consultant of any failure to appropriate such adequate monies. IX. CONFLICT OF INTEREST The Consultant shall disclose any personal or private interest related to property or business within the Town. Upon disclosure of any such interest, the Town shall determine if the interest constitutes a conflict of interest, including Section V-E. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a default and terminate this Agreement. X. INDEPENDENT CONTRACTOR Consultant is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. Consultant shall make no representation that it is a Town employee for any purposes. XI. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Larimer County, Colorado. Consultant Contract 6 of 8 B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Consultant and the Town, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows: The Town: Town of Estes Park, Public Works Department Greg Muhonen, P.E., Director of Public Works PO Box 1200 Estes Park, CO 80517 970-577-3581 Consultant: Borstad Consulting Services, LLC Ted A. Borstad, P.E. 4730 S. College Ave, Suite 101 Fort Collins, CO 80525 970-223-3249 F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Binding Effect. The Town and Consultant each bind itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Consultant Contract 7 of 8 Agreement. Neither the Town nor Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. L. Work By Illegal Aliens Prohibited. a. Consultant hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that Consultant has participated or attempted to participate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5-101(1) (“Program”) in order to verify that it does not employ illegal aliens. b. Consultant shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. c. Consultant hereby certifies that it has verified or attempted to verify through participation in the Program that Consultant does not employ any illegal aliens and, if Consultant is not accepted into the Program prior to entering into this Agreement, that Consultant shall apply to participate in the Program every three (3) months until Consultant is accepted or this Agreement has been completed, whichever is earlier. d. Consultant is prohibited from using Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. e. If Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Consultant shall be required to: (i) notify the subcontractor and District within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment (“Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Article 17.5. g. If Consultant violates this paragraph, District may terminate this Agreement for breach of contract. If this Agreement is so terminated, Consultant shall be liable for actual and consequential damages to the District. Consultant Contract 8 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. OWNER: CONSULTANT: TOWN OF ESTES PARK, COLORADO _____________________________ By: ______________________________ By: __________________________ Mayor Title: Principal Address: _____________________ _____________________________ ATTEST: ATTEST: By: ______________________________ By: __________________________ Town Clerk (SEAL) (SEAL) Other Partners: _________________________________ _____________________________ FINANCE DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland, Finance Officer Date: October 13th, 2015 RE: Low-Income Energy Assistance (LEAP) Agreement Objective: The objective of this memo is to seek approval for a new LEAP agreement, which will run from October 1, 2015 through September 30, 2020. Present Situation: Every year, through the Low-Income Energy Assistance Program, which runs from November 1 through April 30, low-income households may be eligible for assistance with their winter home heating costs. Approximately 35-40 households are currently involved with the program. An average of $18,303.92 per year was received by Town of Estes Park utility customers to assist them with their heating costs over the last contract period of 10/1/2011 through 9/30/2015. LEAP benefits are federal block grant monies from the Department of Health and Human Services that are granted to the State of Colorado and administered through the Colorado Department of Human Services. Funding is also received through Energy Outreach Colorado and state severance taxes. Applications are available through the Town’s utility billing office as a courtesy or by contacting LEAP offices directly. Applications must be filled out and returned to the Larimer County or Boulder County Department of Human Services. The Town is then notified of the eligible customers who will be receiving the LEAP benefits which are then distributed once a month. In order for the Town to participate in this program, a LEAP vendor agreement between the Town of Estes Park and the State of Colorado must be approved and signed every five (5) years (the last contract was four (4) years. Proposal: Staff proposes that the Town extend/renew its lease agreement. Advantages: Low-income households may be eligible for assistance with their winter home heating costs. Disadvantages: There are no apparent disadvantages. Action Recommended: Staff recommends approving the new LEAP agreement, with a contract period of October 1, 2015 through September 30, 2020. Budget: There are no budget ramifications. The program is funded through grants as outlined above. Level of Public Interest For citizens involved with this program, the level of interest is probably quite high. Sample Motion: I move for the approval of the new LEAP agreement, with a contract period of October 1, 2015 through September 30, 2020. Attachments: Agreement is available at Clerk’s office for review. Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Wes Kufeld, Chief of Police Date: October 13, 2015 RE: Park R-3 School District School Resource Officer Agreement 2015-2018 Objective: The Police Department has provided School Resource Officer (SRO) services to the Park School District R-3 since 2005. This year staff decided to lengthen the agreement for the next three school years. The agreement would be subject to change if the school’s budget is not able to partially fund the position. Present Situation: Currently, the School District has budgeted to continue funding the School Resource Officer position at $20,000 for the school year the 2015/2016 school year. Proposal: The Memo of Understanding has been modified to reflect the services for the 2015- 2018 school years. The agreement is dependent on budget appropriations for both the Town of Estes Park and the Park R-3 School District. The hours of operation for the SRO is five days per week. This schedule could be affected due to staffing levels at any point. Advantages: The Estes Park Police Department continues to enhance the partnership created with the school district and the School Resource Officer provides security and education to students and staff. Disadvantages: N/A Action Recommended: Staff recommends continuing the agreement for the School Resource Officer. Budget: $20,000 revenue will offset the cost of the School Resource Officer. Level of Public Interest: This is of great concern to the public to keep their students and staff safe. POLICE DEPARTMENT Memo Page 2 Motion: I move to approve the Park R-3 School District School Resource Officer Agreement for school years 2015-2018. Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson Date: October 9, 2015 RE: Liquor Licensing: Transfer of Ownership from Local’s Grill, Inc., to Elk Express, Inc., dba LOCAL’S GRILL, 153 E. Elkhorn Avenue, Hotel and Restaurant Liquor License Objective: Transfer an existing Hotel and Restaurant liquor license located at 153 E. Elkhorn Avenue to the applicant, Elk Express, Inc. Present Situation: A Hotel and Restaurant Liquor License is currently held at the location referenced above by Local’s Grill, Inc. dba LOCAL’S GRILL. The applicant, Elk Express, Inc., is requesting a transfer of the license and submitted a complete application to the Town Clerk’s office on September 9, 2015. A temporary permit was issued on September 10, 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 Training for Intervention Procedures (T.I.P.S.) requirement. Proposal: Town Board review and consideration of the application to transfer the existing license to Elk Express, Inc., dba LOCAL’S GRILL. 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 and Restaurant Liquor License to Elk Express, Inc. Budget: The fee paid to the Town of Estes Park for a Hotel and Restaurant Liquor License transfer is $1,319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the renewal fee payable to the Town for a Hotel and Restaurant Liquor License is $869 per year. Level of Public Interest: Low Sample Motion: I move to approve/deny the Transfer Application for a Hotel and Restaurant Liquor License filed by Elk Express, Inc., dba LOCAL’S GRILL. April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following:  The application was filed September 9, 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 Elk Express, Inc. doing business as Local’s Grill for a Hotel and Restaurant Liquor License be approved/denied. Our Estes Valley Community Center A Place for All of Us Considering The Community Funding Election on November 3, 2015 Ver 04-Oct-2015 Overview 0. Who can vote on November 3 ? 1. Our Community Center 2. Our Community Center Programs 3. Our Community Center Costs 4. Survey: 48 Colorado Community Centers 5. Alternative Funding Options 6. Benefits for Us 7. If You Would Like To Help 2 0. Who Can Vote on Nov 3 ? 3 Check your property tax bill for line item "Estes Valley Rec & Park" 1. Our Community Center 4 1. Our Community Center 5 1. Our Community Center 6 1. Our Community Center 7 1. Our Community Center: Lobby 8 1. Our Community Center: Lounge 9 1. Our Community Center: Children 10 1. Our Community Center: Culture 11 1. Our Community Center: Fitness 12 1. Our Community Center: Gym 13 1. Our Community Center: Aquatic 14 2. Our Community Center Programs What are the design and EVCC programs based on? Based on what we asked for EVCC includes highest rated, essential features from: 2013 Master Plan for the Estes Park Museum & Senior Center. 2013 Estes Valley Community Recreation Center Feasibility Study: 15 2. Our Community Center Programs Survey 48 Community Centers throughout Colorado EVCC plans similar to Community Centers in locations like Estes Park EVCC plans similar to Community Centers throughout Colorado EVCC is unique One location Multigenerational facilities and services For our children, students, families, and seniors. For all of our diverse community members 16 2. Our Community Center Programs Indoor walking/jogging track Meeting rooms for social, educational and cultural events Library resources Child care facilities Indoor gardening space Multipurpose exercise and fitness areas Gymnasium and Aquatics areas And more 17 3. Our Community Center Costs 18 ver 22-Sep-2015 Bond Amount - 20 year term -> $19,830,000 Maximum Interest Rate -> 4.0% - Note this is current best estimate from George K Baum Residential Assessment Rate -> 7.96% Residential Property Value -> $100,000 $300,000 $400,000 $500,000 $600,000 $800,000 $1,000,000 4D Community Center Construction -> $33.67 $101.00 $134.66 $168.33 $201.99 $269.32 $336.65 4C Operations and Maintenance -> $4.61 $13.84 $18.46 $23.07 $27.69 $36.92 $46.14 Cost Per Year ->$38.28 $114.84 $153.12 $191.40 $229.68 $306.24 $382.79 Cost Per Month -> $3.19 $9.57 $12.76 $15.95 $19.14 $25.52 $31.90 Cost Per Day -> $0.10 $0.31 $0.42 $0.52 $0.63 $0.84 $1.05 2016 Estes Valley Community Center Annual Property Tax Estimates Residential Property 3. Our Community Center Costs 19 ver 22-Sep-2015 Bond Amount - 20 year term -> $19,830,000 Maximum Interest Rate -> 4.0% - Note this is current best estimate from George K Baum Non-Residential Assessment Rate -> 29% Residential Property Value -> $100,000 $300,000 $400,000 $500,000 $600,000 $800,000 $1,000,000 4D Community Center Construction -> $122.65 $367.95 $490.60 $613.25 $735.90 $981.20 $1,226.50 4C Operations and Maintenance -> $4.61 $13.84 $18.46 $23.07 $27.69 $36.92 $46.14 Cost Per Year ->$127.26 $381.79 $509.06 $636.32 $763.59 $1,018.11 $1,272.64 Cost Per Month -> $10.61 $31.82 $42.42 $53.03 $63.63 $84.84 $106.05 Cost Per Day -> $0.35 $1.05 $1.39 $1.74 $2.09 $2.79 $3.49 2016 Estes Valley Community Center Annual Property Tax Estimates Non-Residential Property (Ex: Commercial Property) 3. Our Community Center Costs 20 Community Center User Fee Goals: • Available to everyone in the community • Cover costs No charge for Main Lobby, Library, Senior Services Reduced fees/scholarships for lower income families Reduced fees for students and seniors Consistent with other Colorado Community Centers Proposed fees, not set at this time 3. Our Community Center Costs 21 Individual Adult Senior (30% discount) Youth (30% discount) Family (up to 4) Annual $335.00 $235.00 $235.00 $635.00 6 month $235.00 $165.00 $165.00 $500.00 Daily $6.00 $4.00 $4.00 Per Punch $4.75 $3.25 $3.25 Daily $12.00 $8.00 $8.00 Per Punch $9.50 $6.50 $6.50 Resident Non Resident Tentative Proposed Fee Structure 4. Survey: 48 Colorado Community Centers 22 1 Alamosa 13 Centennial Goodson 25 Frederick 37 Loveland 2 Arvada 14 Centennial Lone Tree 26 Fort Collins Senior 38 Meeker 3 Aspen 15 Centennial Sheridan 27 Fort Collins Northside 39 Montrose 4 Aurora Beck 16 Colorado Springs 28 Fort Collins Mall 40 Northglenn 5 Aurora Meadow 17 Commerce City 29 Fruita 41 Pagosa Springs 6 Aurora Moorehead 18 Cortez 30 Glenwood Springs 42 Parker Fieldhouse 7 Avon 19 Durango 31 Golden 43 Parker Rec Center 8 Breckenridge 20 Erie 32 Gunnison 44 Salida 9 Brighton 21 Evergreen Wulf 33 Gypsum (Eagle area)45 Silverthorne 10 Carbondale 22 Evergreen Bucanan 34 Lakewood 46 Steamboat Springs 11 Castle Rock 23 Fort Lupton 35 Longmont 47 Thorton 12 Centennial Buck 24 Fraser Valley/Grand County 36 Louisville 48 WheatRidge 4. Survey: 48 Colorado Community Centers 1.Interviewed 48 Colorado Community Centers 2.None had major funding by private donations 3.None had major funding by government grants 4.All had almost all funding from community sources • By sales taxes (2/3 of centers) or • By property taxes (1/3 of centers) 5.Estes Valley Community Center Funding from sales and property tax 23 5. Other Funding Efforts 1. One Percent Sales Tax (1/4% for EVCC) $5.0 million after 10 years – July 1, 2014 to June 30 2024 $2.2 million to reduce initial Bond amount $2.8 million to pay off Bond early 2. Private Donations 3. Grants – Government and Foundations 24 6. Benefits for Us 1.A place for all us. The heart of our community. 2.Gather to connect with one another, to learn, to play, to enjoy the arts, to enrich our lives and to seek our best health. 3.Welcoming all of our families and individuals, all of our organizations, and all of our neighbors from our youngest to our oldest. 4.A lively, safe place for everyone during times of tranquility and times of emergency. 25 6. Benefits for Us 1.Positive impacts on our health, wellness, quality of life, local economy and property values 2. Attracting and retaining businesses, professionals and young families 3.Providing a community connection location for seniors, children, teens and families 26 7. If You Would Like To Help 1.Discuss the Community Center with your social network There is an election Who can vote Be fully informed about the Community Center ballot issues Be fully informed about the proposed Community Center 2.Become a Member of “Support Our Community Center (SOCC)” 27 Thank you ! Questions ? Community Center Facebook site: www.facebook.com/EVCC2015 Campaign Committee Email: estesvalleycommunitycenter2015@gmail.com 28 1 Estes Park Fort Collins Longmont Loveland Resource Planning Update Estes Park Town Board October 13, 2015 2 2 Platte River Power Authority Governance 3 3 Reliability Environmental Responsibility Competitive Price Safety Platte River Focus – Balance Key Focus → Balance the needs of all communities we serve → More the same than they are different 4 4 Residential Small Business Large Business Distribution Transmission Generation Customers Estes Park Fort Collins Longmont Loveland Platte River Power Authority • Not for profit • Joint Ownership / Joint Action • Municipal utility structure • Local governance Local Electric System Partnership Changing Boundaries 5 Existing Wholesale Generation Resources 5 Craig Coal Rawhide Coal Rawhide Gas (simple cycle) Hydropower (multiple sites) s)))))))))Wind (multiple sites) 6 New Solar Resource – Rawhide Flats Some Facts: • 30 MW maximum output • Energy use of ~ 8,000 homes • About 200 acres of land • 1/3 the cost of rooftop solar • Permitting completed • On line late summer 2016 7 7 Renewable Cost Trends – Utility Scale LBNL – Sep 2015 Utility-Scale Solar 2014: An Empirical Analysis of Project Cost, Performance, and Pricing Trends in the United States – Platte River Quotes Includes Federal Tax Credit Wind 8 8 Diversified Energy Supply Portfolio Strategic Planning Initiatives Improved Collaboration & Communications Resource Management Safety Compliance Assurance Operational Excellence Financial Stability Exceptional Customer Service Technological Innovation Employee Engagement www.prpa.org 9 9 Resource Management Initiative • Adaptive → many uncertainties – need to be flexible • Cost effective → customers are price sensitive • Reliability → non-negotiable – “gotta have it” • Risk management → ongoing process / increasing • Compliance → also non-negotiable – once defined Platte River Power Authority employs an adaptive strategy to cost-effectively maintain reliability, manage risks, and ensure regulatory compliance 10 10 Resource Management Considerations •We have time for new resource decisions –Great performance of existing resources –Surplus capacity and energy available –Colorado renewable energy standard met –Lower future capacity needs vs. historical •Wide range of future options – (promising cost trends) •Many uncertainties going forward (some beyond our control) Clean Power Plan - 100 200 300 400 500 600 700 800 900 1,000 MW Actual 2015 Load Forecast 2014 Load Forecast Lower Load Forecast + Expanded Energy Efficiency Programs Expanded EE 11 Clean Power Plan – Final Rule • EPA Rule (Federal) • State Implementation (SIP) – Colorado specific process • ~ 25 to 40% reduction in CO2 for Colorado (by 2030) • Platte River specific reduction uncertain • State rules to be clear by September 2018 • Interim reductions – 2022 • Final goals – 2030 Colorado State Implementation Plan Alternatives Emission Standards (Command and Control) Rate-Based – lb/MWh Emission Standards Mass-Based – tons/yr Emissions Tax Single State Trading Free Allowances Single State Trading Auction for Allowances Multi-State Trading Free Allowances Multi-State Trading Auction for Allowances 12 12 Resource Changes Efficiency Works Co-branding Energy Efficiency “Common Programs” Since 2002 Distributed Resources Collaboration 2016 Budget Items: • Expanded Energy Efficiency • Demand Response Pilot 2015/2016 Activities: • Combined Heat & Power • System Community Solar • Loveland FEMA Solar • Fort Collins Solar Programs • DG Strategy Development Craig Unit 1 Exit Strategy Medicine Bow Life Extension (6 MW) Spring Canyon – 2014 (32 MW + 28 MW) Rawhide Flats Solar – 2016 (30 MW) Medicine Bow Wind Pilot First in Region 1998 Expansions through 2004 Silver Sage – 2008 (12 MW) 108 MW Total Wind & Solar (2016) 13 13 Demand Side Management Resources Energy Savings (MWh) Investment (millions) http://efficiencyworks.CO 7 • About 5% system energy savings to date (all measured programs) • Low cost vs. generation 14 14 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 20022003200420052006200720082009201020112012201320142015 (proj)“Common” Program InvestmentPRPA actualMuni actualPRPA budgetEnergy Efficiency as a Resource •Utility investment ~ $23 million •About 4% system load reduction •Customer perspective): 9Invested ~ $37 million 9Saving ~ $9 million/yr Cumulative Results (2002 – 2014) 15 15 •Potential to avoid future costs •Big enough to allow major CO2 changes to mix –About one-fourth of all system energy –About one-third of coal energy •Most of Craig output serves surplus sales –Sales to others (not Municipalities) •Rawhide provides sufficient base load –Need more flexible resources •Craig capacity is incremental – two units •Coal supply contract flexibility •Craig units significantly underperform Rawhide Why Exit Craig Unit 1? Other Craig Owners 2014 – All Sales 16 16 •Initial Diversification: Large Wind & Solar •Energy Efficiency Program Expansion •Craig Unit 1 Strategy & Implementation •DR/DG Programs •~ 20% CO2 reduction NEAR TERM 2015-2020 •Multiple Viable Options To 2030 •2030 Craig Unit 2 Strategy •Continued Energy Efficiency Expansion •More Renewables •Resource Integration & New Technology •CO2 reduction – CPP MID TERM 2020-2030 •Rawhide Operations Strategy (Long Term) •Normal Rawhide Retirement •New Technology Integration LONG TERM 2030-2050 Planning Timeframes Board review and direction Next Planning Focus 17 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 CO2 - millions of tons Actual Draft EPA CPP (2014) Mid-points for Modeling – 35% by 2030 (mass) – 50% by 2030 (rate) 20% by 2020 Modeling CO2 Emission Paths Path B –Path A Path A–Path C Platte River CAP – 2008 Fort Collins CAP – 2008 The Energy We Live By™ 18 18 Path A – Resource Changes / Mix The Energy We Live By™ 19 19 The Energy We Live By™ 20 20 21 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 CO2 - millions of tons Actual Draft EPA CPP (2014) Mid-points for Modeling – 35% by 2030 (mass) – 50% by 2030 (rate) 20% by 2020 Modeling CO2 Emission Paths ––“Mass based” CO CPP (total tons) “Rate based” CO CPP (lb per MWh) A AAC %535CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCFinal Rule New Board Direction (August work session) – Position for CPP compliance Municipalities have a common goal – reduce CO2 emissions 22 Modeling Wholesale Rates – Many Variables CO2 REDUCTION 25% → 50% TIMING 2020 → 2030 IMPLEMENTATION MECHANISM Tax Cap & Trade Command & Control RESOURCE MIX EE/DSM Coal Wind Solar Gas Others INPUT ASSUMPTIONS Loads Fuels Financing Trending Market Others 23 50 70 90 110 130 150 170 $/MWh Path C (tax) Path C (no tax) Path B (tax) Path B (no tax) Path A (tax) Path A (no tax) Craig 1 out - No CPP CPP Rate Implications: • High CPP estimate ~ $150/MWh by 2035 • No CPP ~ $90/MWh by 2035 • High cost estimate 5.2%/yr (2016-2035) Modeling – Wholesale Rate Examples Note: • Retail ~ 70% of wholesale 2.4% per yr average 24 50 70 90 110 130 150 170 $/MWh Path B (no tax) Wholesale Rates – Smoothing Rate Impacts Smoothing Considering small, steady rate changes over time to avoid “rate shock” High end of estimate No CPP implementation 25 Wholesale Rates – Colorado Suppliers $53.82 $71.40 $75.47 $104.22 Platte River Tri-State PSCo ARPA 2014 Average Rates in $/MWh • Next closest supplier (Tri-State) was 33% higher in 2014 • For the last 10 years, others have risen faster than Platte River • Platte River may rise faster in the future due to high coal in mix (depends on CPP implementation in Colorado) 26 26 2022 2021 2020 2019 2018 2017 2016 2015 Planning Timeline Craig Unit 1 Exit Decision Craig Unit 1 Out of Mix EPA Ozone Rule (NOX) 2017 IRP Due to WAPA (EPAct) 2022 IRP Due to WAPA (EPAct) EPA CPP Up to three years for decision process CPP Process: • State APCD as lead agency • Stakeholder engagement (2016-2017) • AQCC approval (2017-2018) • Colorado legislature approval (2018) • Colorado plan submittal to EPA (required by September 2018) Energy Efficiency & DR/DG Programs Early Action Incentive Options ? First Level of CO CPP Compliance Final Colorado CPP Rules 27 Questions & Discussion FINANCE DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland, Finance Officer Date: October 13, 2015 RE: Single Audit Objective: Staff is seeking approval from Town Board for the 2014 Single Audit (SA) report. Present Situation: Background: Town staff and the Town auditors, CliftonLarsenAllen (CLA), annually complete a Comprehensive Annual Financial Report (CAFR). The CAFR is completed and submitted to appropriate authorities (Government Finance Officers Association, Office of the State Auditor) by June 30th of each year. When the Town expends more than $500,000 of federal monies (grants) in a calendar year, the Town is also required to file a Single Audit (OMB Circular A-133). The Single Audit can be filed at the same time as the CAFR, but is not required to be filed until September 30th. For 2014, Staff and CLA determined that the extra time was needed to complete the analysis, most of which resulted from the September 2013 Flood. Rather than duplicate the information provided in the Audit Committee minutes dated September 25, 2015, staff would ask that the Board of Trustees refer to said minutes found elsewhere in this Board packet. A cursory summary is as follows: The Town was found to be in compliance with required auditing standards, and a clean opinion was issued. The SA discusses the Federal Awards granted the Town in 2014, and lists 5 findings of which staff listed corrective action steps. None of the findings\ rose to the level of material weakness. The SA will be filed with the appropriate agencies and the Town will be in compliance. Normally this would occur prior to September 30th, but the website that accepts Single Audits was “hacked”, and is not accepting submittals until further notification (estimate of October 31, 2015). Following this presentation, staff will include the SA on the Town website along with the CAFR. The Management Letter was also issued with the SA, and is intended solely for the use and digestion of the Town Board and management. The Letter discusses areas where controls may be improved upon. Proposal: Staff proposes that Town Board accept/approve the 2014 Single Audit report. Advantages: The Town will remain compliant with Federal and State regulations involving the Single Audit. Disadvantages: None. Action Recommended: Approval of the 2014 Single Audit. Budget: N/A Level of Public Interest Low. Sample Motion: I move for the approval of the 2014 Single Audit. Attachments: 2014 Single Audit TOWN OF ESTES PARK FEDERAL AWARDS REPORT IN ACCORDANCE WITH THE SINGLE AUDIT ACT AND OMB CIRCULAR A-133 December 31, 2014 TABLE OF CONTENTS PAGE Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ........................................................... 1 Independent Auditors’ Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Federal Program, on Internal Control Over Compliance, and on the Schedule of Expenditures of Federal Awards in Accordance with OMB Circular A-133 ...................................................................................................... 3 Schedule of Expenditures of Federal Awards ............................................................................... 6 Notes to Schedule of Expenditures of Federal Awards ................................................................ 7 Schedule of Findings and Questioned Costs ................................................................................ 8 Summary Schedule of Prior Year Findings ................................................................................. 14 1 INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Trustees Town of Estes Park Estes Park, Colorado We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component unit, each major fund, and the aggregate remaining fund information of the Town of Estes Park, as of and for the year ended December 31, 2014, and the related notes to the financial statements, which collectively comprise the Town of Estes Park’s basic financial statements, and have issued our report thereon dated June 29, 2015. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Town of Estes Park's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Town of Estes Park’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Town of Estes Park’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. We did identify a deficiency in internal control, described as 2014-001 in the accompanying schedule of findings and questioned costs that we consider to be a significant deficiency.   CliftonLarsonAllen LLP CLAconnect.com An independent member of Nexia International Board of Trustees Town of Estes Park 2 Compliance and Other Matters As part of obtaining reasonable assurance about whether the Town of Estes Park's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests did not disclose instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Town of Estes Park’s Response to Findings The Town of Estes Park’s response to the finding identified in our audit is described in the accompanying schedule of findings and questioned costs. The Town of Estes Park’s response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the result of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. a CliftonLarsonAllen LLP Greenwood Village, Colorado June 29, 2015 3 INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE WITH REQUIREMENTS THAT COULD HAVE A DIRECT AND MATERIAL EFFECT ON EACH MAJOR FEDERAL PROGRAM, ON INTERNAL CONTROL OVER COMPLIANCE, AND ON THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS IN ACCORDANCE WITH OMB CIRCULAR A-133 Board of Trustees Town of Estes Park Estes Park, Colorado Report on Compliance for Each Major Federal Program We have audited the Town of Estes Park’s compliance with the types of compliance requirements described in the OMB Circular A-133 Compliance Supplement that could have a direct and material effect on each of the Town of Estes Park’s major federal programs for the year ended December 31, 2014. The Town of Estes Park’s major federal programs are identified in the summary of auditors’ results section of the accompanying schedule of findings and questioned costs. Management’s Responsibility Management is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to its federal programs. Auditors’ Responsibility Our responsibility is to express an opinion on compliance for each of the Town of Estes Park’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the Town of Estes Park’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the Town of Estes Park’s compliance. Opinion on Each Major Federal Program In our opinion, the Town of Estes Park complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended December 31, 2014.   CliftonLarsonAllen LLP CLAconnect.com An independent member of Nexia International Board of Trustees Town of Estes Park 4 Other Matters The results of our auditing procedures disclosed instances of noncompliance, which are required to be reported in accordance with OMB Circular A-133 and which are described in the accompanying schedule of findings and questioned costs as items 2014-003, 2014-004 and 2014-005. Our opinion on each major federal program is not modified with respect to these matters. The Town of Estes Park’s responses to the noncompliance findings identified in our audit are described in the accompanying schedule of findings and questioned costs. The Town of Estes Park’s response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. Report on Internal Control Over Compliance Management of the Town of Estes Park is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the Town of Estes Park’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with OMB Circular A-133, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Town of Estes Park’s internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, we identified certain deficiencies in internal control over compliance, as described in the accompanying schedule of findings and questioned costs as items 2014-002, 2014-003, 2014-004 and 2014-005 that we consider to be significant deficiencies. Town of Estes Park’s responses to the internal control over compliance findings identified in our audit are described in the accompanying schedule of findings and questioned costs. The Town of Estes Park’s response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. Board of Trustees Town of Estes Park 5 The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the result of that testing based on the requirements of OMB Circular A-133. Accordingly, this report is not suitable for any other purpose. Report on Schedule of Expenditures of Federal Awards Required by OMB Circular A-133 We have audited the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the Town of Estes Park as of and for the year ended December 31, 2014, and the related notes to the financial statements, which collectively comprise the Town of Estes Park’s basic financial statements. We issued our report thereon dated June 29, 2015, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by OMB Circular A-133 and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditure of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole. a CliftonLarsonAllen LLP Greenwood Village, Colorado September 24, 2015 Federal Grantor/Pass-through Federal CFDA Grantor Program Title Number Expenditures U.S. Department of Agriculture Passed through Colorado Department of Public Safety, Division of Homeland Security and Emergency Management: Emergency Watershed Protection Program 10.923 748,975$ Subtotal 748,975 U.S. Department of Justice Direct Programs: Bulletproof Vest Partnership Program 16.607 887 Subtotal 887 U.S. Department of Transportation Direct Programs: Paul S. Sarbanes Transit in the Parks 20.520 361,533 Passed through Colorado Department of Transportation: Highway Planning and Construction 20.205 225,279 State and Community Highway Safety 20.600 1,519 Subtotal 588,331 U.S. Department of Homeland Security Passed through Colorado Department of Public Safety Division of Homeland Security and Emergency Management: Disaster Grants - Public Assistance (Presidentially Declared Emergency) 97.036 791,350 Subtotal 791,350 Total Federal Awards 2,129,543$ See notes to schedule of expenditures of federal awards. TOWN OF ESTES PARK SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended December 31, 2014 6 NOTE 1: BASIS OF PRESENTATION NOTE 2: SUB-RECIPIENTS Federal Amount CFDA Provided to Program Title Number Sub-recipients Emergency Watershed Protection Program 10.923 $62,847 Of the federal expenditures presented in the schedule of expenditures of federal awards, the Town provided federal awards to sub-recipients as follows: The accompanying Schedule of Expenditures of Federal Awards includes the federal grant activity of the Town of Estes Park, and is presented on the accrual basis of accounting. The information in this schedule is presented in accordance with the requirements of OMB Circular A-133,Audits of States, Local Governments, and Non-Profit Organizations. Therefore, some amounts presented in this schedule may differ from amounts presented in, or used in the preparation of, the financial statements. NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS December 31, 2014 TOWN OF ESTES PARK 7 TOWN OF ESTES PARK SCHEDULE OF FINDINGS AND QUESTIONED COSTS Year Ended December 31, 2014 8 Section I—Summary of Auditors’ Results Financial Statements Type of auditors’ report issued: Unmodified Internal control over financial reporting: • Material weakness(es) identified? yes no • Significant deficiency(ies) identified that are not considered to be material weaknesses? yes none reported Noncompliance material to financial statements noted? yes no Federal Awards Internal control over major programs: • Material weakness(es) identified? yes no • Significant deficiency (ies) identified that are not considered to be material weakness(es)? yes none reported Type of auditors’ report issued on compliance for major program: Unmodified Any audit findings disclosed that are required to be reported in accordance with Section 510(a) of Circular A-133? yes no Identification of major programs: CFDA Number(s) Name of Federal Program or Cluster 10.923 20.520 97.036 Emergency Water Shed Protection Program Paul S. Sarbanes Transit in the Parks Disaster Grants – Public Assistance (Presidentially Declared Disaster) Dollar threshold used to distinguish between type A and type B programs: $300,000 Auditee qualified as low-risk auditee? yes no TOWN OF ESTES PARK SCHEDULE OF FINDINGS AND QUESTIONED COSTS Year Ended December 31, 2014 9 PART II–FINDINGS RELATED TO FINANCIAL STATEMENTS Finding 2014-001 Grant Receivables, Unearned Revenue and Revenues Significant Deficiency Criteria: The Town of Estes Park (the Town) is required to track and maintain a general ledger to account for grant related expenditures, receivables, unearned revenue and revenues. Condition: During our audit procedures performed over grant revenues, we noted the Town did not record or recorded amounts in excess for individual projects related to receivables, unearned revenue and revenues for grant related expenditures incurred during fiscal year 2014 surrounding the Federal Emergency Management Agency (FEMA) reimbursement grant. Cause: The Town did not properly record transactions to receivables, unearned revenue or revenues. Effect: The Town’s grant receivables were misstated, with corresponding misstatements to either revenue or unearned revenue. As a result, we proposed and the Town recorded adjustments to receivables, unearned revenue and revenues to the General Fund, Light and Power Fund and Water Fund. In aggregate, adjustments were material to the financial statements. Recommendation: We recommend the Town review and amend its existing procedures to more accurately track grant expenditures and adjust for the related receivables, unearned revenue and revenues when expenditures are incurred. Views of responsible officials and planned corrective action: Actions Planned in Response to Finding: The Town will review and accurately track grant related expenditures to ensure all grant related transactions are properly recorded in the Town’s general ledger. TOWN OF ESTES PARK SCHEDULE OF FINDINGS AND QUESTIONED COSTS Year Ended December 31, 2014 10 PART III–FEDERAL AWARD FINDINGS AND QUESTIONED COSTS Finding 2014-002 CFDA 97.036 Disaster Grants – Public Assistance (Presidentially Declared Disaster) CFDA 10.923 Emergency Watershed Protection Program Allowable Costs/Allowable Activities Significant Deficiency Criteria: Management of the Town of Estes Park is responsible for establishing and maintaining effective internal control over compliance. Condition: During our testing over thirty contract and material transactions under CFDA # 97.036 and six expenditure transactions under CFDA #10.923, we noted one instance, under both programs, where the purchase order was issued or created after the Town received a vendor invoice. This is a violation of the Town’s policies and procedures as outlined in the Town of Estes Park Finance Policies and Procedures Manual, section 3.4.6. Cause: Inadequate internal controls over the purchase order creation process. Effect: Expenditures incurred and reported under grant programs could be paid by the Town for amounts which are not the obligation of the Town of Estes Park. Questioned Costs: $2,250. Recommendation: We recommend the Town prepare and issue a purchase order at the time of purchase as outlined in the Town of Estes Park’s Finance Policies and Procedures Manual. Views of responsible officials and planned corrective action: Actions Planned in Response to Finding: The Town will revise its purchasing policy, specifically, requiring that all purchase orders, where appropriate, are issued prior to the Town making purchases. Responsible Party: Steve McFarland, Finance Officer Planned Completion Date for Corrective Action Plan: December 31, 2015 TOWN OF ESTES PARK SCHEDULE OF FINDINGS AND QUESTIONED COSTS Year Ended December 31, 2014 11 Finding 2014-003 CFDA 10.923 Emergency Watershed Protection Program Suspension and Debarment Significant Deficiency, Noncompliance Criteria: As part of grant agreement number 14NRC14EP, under section 6.2.3, Grantee shall verify that the Contractor is not suspended or debarred from participation in state and federal grant programs. Condition: During our testing over two contractors, we noted in both cases, the contractors were not verified as being suspended or debarred by the Town prior to the Town entering into agreements for services to be provided. Cause: Inadequate internal controls over the review of grant agreements for applicable compliance requirements. Effect: The Town could enter into agreements with contractors who are suspended or debarred from participation in state and federal grant programs. Questioned Costs: None. Recommendation: We recommend the Town implement a process where all grant agreements are reviewed for applicable compliance requirements. We also recommend the Town implement a process where all contractors are verified for participation in state and federal grant programs. Language may also be incorporated into contract agreements made between the Town and contractors. Views of responsible officials and planned corrective action: Actions Planned in Response to Finding: The Town will revise their purchasing policy and add language which requires all contractors be verified for participation in state and federal programs. The Town also hired an additional grant accountant whose job duties include monitoring grant compliance, timely filing of reports and submitting of reimbursements. Finally, the Town hired a Flood Recovery Project Manager to review purchases made utilizing federal funds. Responsible Party: Steve McFarland, Finance Officer Planned Completion Date for Corrective Action Plan: December 31, 2015 TOWN OF ESTES PARK SCHEDULE OF FINDINGS AND QUESTIONED COSTS Year Ended December 31, 2014 12 Finding 2014-004 CFDA 97.036 Disaster Grants – Public Assistance (Presidentially Declared Disaster) Allowable Costs/Allowable Activities Significant Deficiency, Noncompliance Criteria: Equipment used on each project must be documented, specifically, the documentation must include the project number, date used, related equipment cost code for reimbursement and total actual hours equipment was utilized. Condition: During our testing over six equipment transactions, we noted the materials worksheet used to track equipment usage, did not outline the related cost code, specific to the equipment used. We also noted one instance where total hours documented did not agree to total hours reported in determining reported expenditures. In addition, through inquiry of Town personnel, we identified which cost codes equipment selections were related to. In one instance, we noted equipment charges were calculated using a $35 reimbursement rate, however, through review of FEMA’s Schedule of Equipment Rates, equipment charges should have been recorded with a reimbursement rate of $20. Cause: Inadequate controls over the physical recording of cost codes and usage of equipment under the FEMA grant program. Effect: The Town is not able to accurately identify which cost codes equipment used should be reimbursed at. As a result, the Town may include in reimbursement requests, amounts which are above actual costs incurred. Questioned Costs: $89. Recommendation: We recommend the Town document and review, the specific cost codes and hours for all equipment utilized under the FEMA grant program. This will help to ensure all equipment usage is traceable and all equipment usage is accurately reimbursed. Views of responsible officials and planned corrective action: Actions Planned in Response to Finding: The Town will establish processes for documentation and review, of the specific cost codes and hours used for all equipment utilized under applicable state and federal grant programs. This will provide traceable documentation and allow for accurate documentation of costs incurred. Responsible Party: Steve McFarland, Finance Officer Planed Completion Date for Corrective Action Plan: December 31, 2015 TOWN OF ESTES PARK SCHEDULE OF FINDINGS AND QUESTIONED COSTS Year Ended December 31, 2014 13 Finding 2014-005 CFDA 20.520 Paul S. Sarbanes Transit in the Parks Reporting Significant Deficiency, Noncompliance Criteria: Quarterly reports are required to be submitted electronically within thirty days after quarter end. Condition: During our testing over two quarterly financial reports, we noted one instance where the Town did not submit the report within the thirty day reporting window. Cause: Inadequate controls over the report approval and submission process under the Paul S. Sarbanes Transit in the Parks grant. Effect: The Town is out of compliance related to the required quarterly reports and submission deadlines. Questioned Costs: None. Recommendation: We recommend the Town implement a process where all quarterly reports are reviewed by an individual within the Finance Department other than the individual who prepares the report. We also recommend the individual responsible for reviewing and approving the report, submit the quarterly reports. Views of responsible officials and planned corrective action: Actions Planned in Response to Finding: The Town will implement procedures where different staff within the Finance Department performs separate functions of the reporting process which includes preparation of reports, review of reports and approving reports for submission. Responsible Party: Steve McFarland, Finance Officer Planed Completion Date for Corrective Action Plan: December 31, 2015 TOWN OF ESTES PARK SUMMARY SCHEDULE OF PRIOR YEAR FINDINGS Year Ended December 31, 2013 14 PART II—FINDINGS RELATED TO FINANCIAL STATEMENTS Finding 2013-001 Grant Receivables, Unearned Revenue and Revenues Material Weakness Summary: During audit procedures performed over grant revenues, it was noted the Town did not account for or record unearned revenue and revenue related to expenditures incurred during fiscal year 2013 surrounding the FEMA reimbursement grant. It was also noted, in certain situations, the Town recorded grant revenue above the federal reimbursement threshold. Status: Not implemented. PART III – FEDERAL AWARD FINDINGS AND QUESTIONED COSTS Finding 2013-002 CFDA 97.036 FEMA, Disaster Grants – Public Assistance (Presidentially Declared Disaster) Allowable Activities and Allowable Costs/Cost Principles Significant Deficiency, Noncompliance Summary: During testing over sixteen equipment transactions, we noted ten transactions of which the Town was unable to determine whether the equipment was used for the correct approved project or whether the equipment was used for the number of hours as outlined in the Force Account Labor Equipment spreadsheet approved by FEMA. Status: Implemented. Finding 2013-003 CFDA 97.036 FEMA, Disaster Grants – Public Assistance (Presidentially Declared Disaster) Allowable Activities and Allowable Costs/Cost Principles Significant Deficiency, Noncompliance Summary: During our testing over forty payroll transactions, we noted three transactions for which regular salaries of permanently employed personnel were charged to an emergency protective services project which is not allowed. Status: Implemented COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Philip Kleisler, Planner II Date: October 13, 2015 RE: Downtown Neighborhood Plan Consultant Selection Objective: Consideration of a motion authorizing the Town to execute a contract with Logan Simpson for the preparation of the Estes Park Downtown Plan. Present Situation: The process for preparing the Estes Park Downtown Plan was initiated early this year when project funding was identified through the Colorado Department of Local Affairs. Following numerous discussions, on January 27 the Town Board (with input from the Planning Commission) authorized staff to apply for grant funding through the CDBG-DR grant program. In April the Town was awarded a $190,000 grant through the Colorado Department of Local Affairs, State Energy and Mineral Assistance Fund to prepare the Downtown Plan. A formal Request for Proposals (RFP) outlining the specific scope of work was released late July. At this time the Downtown Plan Selection Committee was also formed to review all consultant proposals and provide a recommendation to the Town Board on which consultant is the best fit for Estes Park. The Committee was comprised of seven members representing downtown businesses and civic organizations, a Planning Commissioner, and a staff member from the Administration and Community Development Departments. The Selection Committee held their first meeting on August 12 to begin the process of reviewing the eight proposals received for this project. After extensive discussions on merit of each proposal, the Selection Committee opted to interview two finalists: Logan Simpson (Fort Collins) and Winter and Company (Boulder). Table 1 lists the firm from each proposal in order of ranking. Evaluation of the submitted materials was based on the following selection criteria: 1. Project schedule alignment with the RFP. 2. Relevant experience in preparing and/or implementing similar plans for tourist destination towns. 3. Public Engagement: Experience in developing and conducting inclusive public engagement strategies. An approach to public engagement appropriate and feasible for Estes Park. 4. Experience with performing market and housing analysis in small town tourist economies. 5. Experience with infrastructure planning, including general design and planning; flood and storm water management; street design; domestic water and wastewater; green infrastructure; place making and creative endeavors; form- based codes and/or urban design guidelines. 6. Experience in coordinating strategies with local, State, Federal and other agencies to develop actionable implementation programs. 7. Innovative approach to developing conceptual drawings for tourist destination towns that include: resilient design and climate change; integrated multi-use transportation systems; low-impact storm water management; and sustainable neighborhood principles. 8. Experience performing benefit/cost analysis, phasing and financing. The Selection Committee interviewed the two finalists on August 27 and voted in favor of Logan Simpson. Proposal: Logan Simpson proposes a community-based approach with public outreach being central to each phase of the project. Pages 37 – 51 of the attached proposal details each of the six project phases. The Downtown Plan will ultimately be a vision of the downtown in 2025, describing what the downtown will look like socially, economically and physically. A clear set of priorities, actions, strategies and financing mechanisms will be included. Selection Committee at work Advantages: • The Selection Committee cited several advantages with Logan Simpson’s proposal: o On-the-ground public engagement is central to each phase of the proposal; o Experience with redevelopment plans; o Local contact on their team (Steve Lane, Basis Architecture); o Experience of the team members, particularly relating to floodplain management and transportation. Disadvantages: • No disadvantages noted. Action Recommended: Based on the above criteria, the Selection Committee recommends Logan Simpson as the best bidder to provide consulting services for the Estes Park Downtown Plan. Staff recommends that the Board of Trustees authorize the Town to execute a Professional Services Contract with Logan Simpson for the preparation of the Downtown Plan for a price “not to exceed” $190,000. Budget: The project is funded entirely through Colorado Department of Local Affairs, State Energy and Mineral Assistance Fund ($190,000). Level of Public Interest: High. The Town received numerous comments on the draft request for proposals and 13 community members applied to serve on the Downtown Selection Committee. Attachments: 1. Table 1: Selection Committee Ranking 2. Consultant proposal 3. Professional Services Contract Table 1. Selection Committee Ranking Rank Firm Fee 1 Logan Simpson (Fort Collins) $189,280 2 Winter and Company (Boulder) $190,000 3 Matrix Design Group/Thorp Associates (Estes Park) $193,979 4 SE Group (Frisco) $184,360 5 Gateway Planning (McKinney, TX) $189,821 6 The Lakota Group (Chicago, IL) $185,006 7 McCool Development Solutions (Denver) $189,960 8 Better City (Ogden, UT) $189,928 LOGANSIMPSON SUBMITTED BY LOGAN SIMPSON DUE DATE: AUGUST 11, 2015, 3:00 PM PROPOSAL FOR PROFESSIONAL SERVICES - ESTES PARK DOWNTOWN PLAN TOWN OF ESTES PARK DOWNTOWN PLAN 1 123 N. College Avenue, Suite 206 Fort Collins, Colorado 80524 P: 970-449-4100 F: 970-449-4101 www.logansimpson.com LOGANSIMPSON A. LETTER OF TRANSMITTAL August 11, 2015 Ms. Alison Chilcott, Director Community Development Department Town of Estes Park 170 MacGregor Avenue, Room 210 Estes Park, Colorado 80517 Dear Ms. Chilcott, We would like to commend the Estes Park team in taking this important step to create a plan that integrates Downtown’s diverse opportunities into a cohesive vision. Logan Simpson is pleased to introduce our multi-disciplined team of experts to assist with the Town’s Downtown Plan. Planning principal and project manager Bruce Meighen brings more than 20 years of experience leading, authoring, and participating in award-winning, complex, collaborative projects similar to the Town’s Downtown Plan. We have assembled an internal and subconsultant team that can develop a downtown plan that brings together the human component, exciting economic opportunities, water-based resources and constraints, current infrastructure, and ecological elements that give Estes its unique character into one community-supported plan. Logan Simpson is an Arizona corporation founded in 1990; we are celebrating 25 years of successful design, environmental, cultural, and planning for special places like Estes Park. Our firm is managed by eight principals in six offices; our firm’s planning principal in Fort Collins, Bruce Meighen will guide the process, will serve as the primary contact, and is authorized to sign this proposal and contract. Our approach focuses on a process of discovering and building on the intersection between natural and physical systems. We will explore and evaluate the way that residents, visitors, and businesses utilize the current downtown systems and amenities through research, collaboration, and open discussions with staff, stakeholders, and residents. The entire project development team will contribute to the “big idea” and development of a unique and exciting plan that incorporates gathering areas and allows for unique expressions and variety while further improving the resiliency of the area. Our team brings award-winning planning expertise, local sensibility, and premium service to the Town’s staff. Logan Simpson will lead the project in concert with an excellent team of consultants familiar with the opportunities in Estes Park. We will use in-house experts for public process; visioning; urban design; trails, parks and open space; streetscape hazard mitigation; and land use planning. Local architect and liaison Steve Lane of BAS1S will serve as co-project manager, and will work closely with Logan Simpson staff to develop the overall vision and urban design. We have also chosen leading national downtown planning and economic firm, Leland Consulting Group, to provide downtown planning services and economic feasibility analysis. Charlier Associates, Inc. will provide expertise in transportation planning at a downtown scale, and Anderson Consulting Engineers will work with the team on infrastructure, floodplain, and river engineering. Logan Simpson acknowledges receipt of the response to questions dated 8/4/2015 as well as Addendum 1. We greatly appreciate your consideration of our proposal to assist the community in shaping downtown. Please contact us if you have any questions. Regards, Bruce Meighen, AICP Principal/Project Manager P: 970.449.4100 ext 102 M: 970.214.9349 E: bmeighen@logansimpson.com TOWN OF ESTES PARK DOWNTOWN PLAN 3 PROJECT AND CONTRACT MANAGEMENT Bruce Meighen, AICP; Principal Planner and Project Manager (Logan Simpson) Steve Lane, AIA, LEED AP; Assistant Project Manager (BAS1S) ECONOMICS Brian Vanneman: Development Strategy + Economic Feasibility Analysis Ted Kamp: Market Trends Analysis + Competitive Set Analysis Leland Consulting Group ECOLOGY Jeremy Call: Hazard Mitigation (Fire, Wildlife) Jana McKenzie, Jeremy Call: Resiliency Planning Kristina Kachur: GIS Mapping Logan Simpson WATER Brad Anderson: Hazard Mitigation Michelle Martin: River Engineering Ben Ackert: GIS Mapping Anderson Consulting Engineers Jeremy Call: Hazard Mitigation (Fire, Wildlife) Jana McKenzie, Jeremy Call: Resiliency Planning Logan Simpson INFRASTRUCTURE Aaron Hansen: Public Infrastructure Planning Ben Ackert: GIS Mapping Anderson Consulting Engineers Jim Charlier: Vehicular Traffic + Parking, Transportation + Transit Planning Terri Musser: Bike + Pedestrian Design Patrick Picard: Transportation + Transit Planning Charlier Associates Bruce Meighen, Megan Moore: Public Process, Communication + Facilitation Bruce Meighen, Megan Moore, Jana McKenzie: Visioning Megan Moore, Kristina Kachur: Land Use Planning Jana McKenzie: Landscape Architecture, Streetscape, Brand Awareness/Wayfinding/ Signage Dave Harris: Urban Design Kristina Kachur: GIS Mapping Logan Simpson Steve Lane: Urban Design + Architecture BAS1S Dave Siegel: Land Use Planning/Visioning Leland Consulting Group HUMAN B. PROJECT TEAM QUALIFICATIONS 1. ORGANIZATIONAL CHART 4 LOGAN SIMPSON SUBMITTAL 2. PROPOSER’S BUSINESS OPERATIONS AND CAPABILITIES LOGAN SIMPSON Logan Simpson will lead the planning team for the Estes Downtown Master Plan with a focus on visioning and land use planning; urban, landscape, and streetscape design; and development of community engagement strategies that integrate local businesses, Town Hall, residents, and stakeholder buy in. Logan Simpson was founded in 1990 and has provided planning, landscape architectural, design, environmental, and cultural services to municipalities across the West for 25 years. Our community planning and landscape architecture team includes 30 experienced planners and landscape architects/ designers, with a collection of more than 700 total (and more than 50 award-winning) design and planning projects to their names. Our company motto, “Guiding Responsible Change,” reflects our commitment to sustainability, resiliency, and land stewardship that harmonizes with development. Our principals and senior staff began working in the region over 30 years ago, and have experience in public involvement, historic preservation, sustainability, urban design, streetscape, parks and open spaces, and public/private facility design in Colorado and across the country. Our staff is dedicated to thoughtful planning and design of communities: we understand that the comfort of the user, safety, and accessibility for residents, employees, and tourists can revitalize a district and catalyze redevelopment. As planners and designers, we are highly capable of designing safe, effective, and attractive streetscapes, new types of street design, redevelopment, multiuse trails; gateways and entry features; pedestrian amenities; and interpretive and wayfinding signage. In planning, Logan Simpson strives to understand the relationships between the elements that create a sense of place and the social fabric that creates a sense of community. We know how to translate people’s sense of place to common sense code, overlays, and hybrid codes. Our proven tools and methods to ensure we know who will use a space, how they will use it, and which infrastructure, funding mechanisms, and amenities are essential to accommodate that use. Logan Simpson is pleased to express our interest in helping Estes Park develop the Downtown Master Plan. We have personal and professional experience working with Estes’ planning and design issues, and we understand your unique challenges and opportunities. Logan Simpson employs specialized and always-custom planning that organizes the will of the community, staff, and elected officials. We work with all of these partners to ensure an implementable plan for Downtown that is not diluted, guides a path to the future, and represents the community’s values. Logan Simpson will manage this project from our Fort Collins office. Our skilled team has experience delivering similar projects throughout the western U.S. Project Principal Bruce Meighen, AICP will direct the project and draw on the support of eight specialty planners, five designers, and a group of subconsultants chosen for their specific areas of expertise noted in the Town’s request for proposals. Over the years, this team has facilitated the adoption of hundreds of successful downtown, subarea, corridor, general and community plans, garnering over 30 awards in some of America’s most celebrated and livable communities. We have planned communities throughout the Front Range, state of Colorado, and across the nation. Our staff worked in and around Estes Park on projects ranging from resource management plans; river restoration, recreation, and conservation plans; and trails feasibility studies; and we look forward to the opportunity to assist with planning for a downtown that is inviting, safe, and economically and socially vibrant. TOWN OF ESTES PARK DOWNTOWN PLAN 5 BAS1S BAS1S Architecture has been involved with projects in the Estes Valley since being established in Estes Park in 1999. Since 2006, its primary office has been in the Olympus Views building near the Estes Marina; just recently, BAS1S opened a second, satellite office in downtown Longmont. The firm provides architectural design and master planning services, integrating the services of engineers and special consultants to suit each project. The firm’s Principal Architect, Steve Lane, AIA, is personally familiar with the Town – its codes, buildings, and people. BAS1S brings to the team an understanding, right out of the gate, of the Estes Valley: some of the challenges and many of the opportunities. The firm has relationships in place with many of the Town staff as well as stakeholders that should be involved in the Downtown Master Plan. In developing an appropriate architectural language for Downtown, it is important to keep in mind that what might be appropriate for a Front Range, or even another Colorado mountain town, may not be appropriate for Estes Park’s downtown. It is also important not to end up so restrictive as to impair design and property owner’s freedom when improving or redeveloping. This would be one of the key roles for BAS1S on the project team. LELAND CONSULTING GROUP Exceptional public and private leaders have bold visions for their downtowns, neighborhoods, employment centers, and cities. Leland Consulting Group helps to refine and realize those visions. Through our work in more than 250 communities across the country, we have helped to shape long-term plans, and to help build the projects that immediately improve residents’ quality of life: thriving downtowns, bustling shopping districts, inviting neighborhoods, and productive employment centers. Our role as urban strategists is to keep the big picture in sight while providing deep expertise in the strategic, market, financial, and economic elements that make projects possible and successful. We recognize that special and economically viable places result not just from one factor, but also from the combination of quality design, supportive markets, developer capacity, and financial strength. During every assignment, we engage the public and private champions essential to rallying support and overcoming obstacles. Leland Consulting Group provides the following services in support of creating great places and vibrant, healthy downtowns: • Development Conceptualization • Demographic Trend Analysis and Market Research • Market Strategies • Building and Development Programs • Facilitation of Development Negotiations • Downtown Housing Strategies • Financial Analysis • Downtown Organizational and Funding Tools and Strategies • Regulatory Approvals • Long-term Economic Impact Analysis • Programmatic Implementation Strategies The firm, established in 1989, has over 26 years of experience providing the above real estate services to both the public and private sectors. 6 LOGAN SIMPSON SUBMITTAL CHARLIER ASSOCIATES, INC. Charlier Associates, Inc. is a transportation planning firm based in Boulder, Colorado. The firm was founded in Orlando, Florida in 1989 and incorporated in Colorado in 1993 – we celebrated our 25th anniversary last year. CAI has a national reputation for being at the leading edge of integrating land use and transportation in a manner that is driven by community objectives: economic vitality, public health and safety, neighborhood character, historic preservation, and so forth. Much of our work focuses on mountain towns and resort communities throughout the western states. We have completed transportation plans for a number of ski towns, including Steamboat Springs, Aspen, Breckenridge, Avon, Crested Butte, Mt. Crested Butte, Gunnison, and Glenwood Springs in Colorado, as well as Jackson and Teton County, Wyoming; Flagstaff and Coconino County, Arizona; Santa Fe and Taos, New Mexico; and Park City, Utah. ANDERSON CONSULTING ENGINEERS Anderson Consulting Engineers (ACE) was founded in 1998 after operating for twelve years under the name Lidstone & Anderson. Supplemented with additional staff, ACE offers the same team of engineers and scientists that have worked together since 1986. ACE continues to provide a practical approach to the evaluation and design of water resources projects that has won the confidence of our wide variety of clients. Our staff includes specialists in river mechanics, hydrology, hydraulics, geomorphology, water quality, sediment transport, hydraulic bridge and culvert design, final design of hydraulic structures, drainage infrastructure and irrigation structures, resident engineering, water supply studies and basin planning, and computer programming and modeling. For more than 25 years ACE’s principals have specialized in hydrologic and hydraulic engineering projects that emphasize both planning and design associated with flood mitigation and mapping, National Flood Insurance Program issues and map adoption, local floodplain regulations, and urban stormwater and stormwater quality management through both master planning and preparation of construction drawings/documents. In order to better serve our clients, ACE has developed the specialized expertise required to provide the full range of services necessary to complete all specialized digital mapping and GIS database products for map production and maintenance under FEMA’s Map Modernization and RiskMap Programs. This experience has proven to be an asset to our clients whether they need to manage individual floodplains under the NFIP, or on a local level. In addition to providing technical engineering services associated with floodplain analyses, delineation and maintenance, ACE has also served our clients by providing floodplain modeling and mapping review services. We also complete development of drainage and floodplain criteria and ordinances, assistance under FEMA’s Community Rating System program, assistance with both Pre-Disaster Mitigation Grant and Hazard Mitigation Grant applications, preparation of master drainage plans in both urban and rural environments, design of flood mitigation and flood control structures, and design of stormwater drainage and stormwater quality facilities. TOWN OF ESTES PARK DOWNTOWN PLAN 7 3. PROJECT TEAM Our project team’s qualifications are outlined below. Logan Simpson’s local staff includes in-house landscape architects and designers, planners, archaeologists, GIS analysts, land use modelers, and graphic/document production specialist. In addition, we work consistently with artist Joe McGrane, who is available on an as-needed basis for tasks such as illustrative renderings; on-the-fly sketching at workshops; as well as public art installations. We bring the bench strength to meet project deadlines efficiently and accurately. Anticipated workload and hours by task as shown in our Project Timeline section, and the budget by assigned personnel can be found under separate cover in Section F., Consultant’s Fees, as per the RFP. Availability over Project Term noted in this table is a general estimate of the amount of time each member will spend on the project over the course of the plan. Project Team Logan Simpson Staff Bruce Meighen, AICP; Principal Planner / Contract and Project Manager Master of City and Regional Planning, 1994; B.A., Geography Urban Systems, 1992 American Institute of Certified Planners (AICP) Bruce has two decades of experience in subarea, comprehensive, and infill/redevelopment planning, with more than 30 award- winning projects and over 60 completed plans. Bruce’s skills range from currently being the on-call planner for one of the largest urban redevelopment areas in the nation adjacent to Walk Disney World to planning for the extension of the San Antonio River Walk along all its adjacent tributaries. His ability to create not only innovative and focused public involvement, but to clarify and prioritize the issues identified, is crucial to the success of outcome-oriented plans. Bruce specializes in managing defensible planning processes that create enduring visions. Bruce will be responsible for all project oversight, quality control, and ensuring that necessary resources are available for successful completion of each task. He will also coordinate and author the land use portion of the plan, and lead the public engagement effort. Availability over Project Term: 25-30% • Elko Downtown Corridor Plan, Elko, NV • McCall Downtown Master Plan, McCall, ID • Johnstown Downtown Master Plan and Streetscape Enhancements Project, Johnstown, CO • Fort Collins Redevelopment Code (Refill), Fort Collins, CO • Westside Creeks Redevelopment Plan, San Antonio, TX • Alta Town Center Concept and Massing Study, Alta, UT • Town of Jackson/Teton County Comprehensive Plan + Character Districts, Town of Jackson/ Teton County, WY • Gypsum - Eagle River Area Plan, Gypsum, CO • Mountain Accord (Economic and Land Use for Mountain Towns including Park System, Alta etc.), Salt Lake Region • Mountain Village Comprehensive Plan, CO • Estes Valley Resource Management Plan and Environmental Assessment, Estes Valley, CO • Yampa River Management Plan, CO • Cody Comprehensive Plan, WY • Fruita Community Plan, Fruita, CO • Fort Collins City Plan Update (2005), CO • Mountain Vista Subarea Plan, Fort Collins, CO • Loveland Comprehensive Plan, Fort Collins, CO • Steamboat Springs Comprehensive Plan, CO • W192 Corridor Redevelopment Plan, Osceola County, FL • Over The River™ EIS, CO • Arkansas River Headwaters Master Plan, CO 8 LOGAN SIMPSON SUBMITTAL Megan Moore, ASLA, Assoc. AIA; Senior Planner Master of Architecture, 2005; Master of Landscape Architecture, 2005; Graduate Certificate in Historic Preservation, 2005; B.S. in Architectural Studies, 2001 American Institute of Architects; American Planning Association (APA); American Society of Landscape Architects (ASLA) Megan is an urban and landscape designer with extensive experience in comprehensive planning for a range of community sizes. She specializes in comprehensive planning, subarea planning, and urban revitalization. With 10 years of experience, she is already the recipient of more than 25 design and planning awards. Her planning capabilities are enhanced by her background in architecture and landscape architecture, giving her a unique perspective into urban design strategies and solutions. Megan carries a deep understanding of the use and development of graphics to convey procedures and processes necessitated by the planning guidelines. She will serve as a project planner, and will be responsible for assisting in design guidelines, draft code, and overall master planning for the downtown. Availability over Project Term: 35-45% • McCall Downtown Master Plan Update, McCall, ID • Downtown Master Plan and Streetscape Enhancements Project, Johnstown, CO • Westside Creeks Redevelopment Plan, San Antonio, TX • Elko Downtown Corridor Plan, Elko, NV • Redevelopment Project Analysis, Fort Collins, CO • Comprehensive Plan + Character Districts, Town of Jackson/ Teton County, WY • Mountain Vista Subarea Plan, Fort Collins, CO • Town Center Concept and Massing Study, Alta, UT • Gypsum - Eagle River Area Plan, Gypsum, CO • W192 Corridor Redevelopment Plan, Osceola County, FL • North Nevada Corridor Urban Renewal Master Plan, Colorado Springs, CO • Twin Falls Comprehensive Plan, ID Jana McKenzie, FASLA, LEED AP; Principal Landscape Architect B.S., Landscape Architecture with High Distinction, 1985 CLARB; Landscape Architect, States of CO, WY, and MT; LEED Accredited, US Green Building Council, 2003; Fellow, American Society of Landscape Architects; Director of ASLA Sustainable Sites Professional Practice Network 2003-present; National Recreation and Parks Association; Colorado Parks and Recreation Association Jana is an award-winning landscape architect with more than 28 years of experience, predominately with public projects, including urban design, streetscapes, design guidelines, community master planning, public facilities, and trails and parks design throughout the intermountain west. She has prepared many design guidelines and designed numerous streetscapes in her career, including public art installations, connections to civic facilities, and sustainable design features intended to respect to history of a community while increasing pedestrian traffic and safety. For example, Jana led the design of the first two downtown alleys to be renovated as part of Old Town Fort Collins master planning efforts. The Trimble Court and Tenney alleys are now vibrant connections to shopping, restaurants, and parking; and boast public art, sustainable features, and increased visitor use. Jana will lead the landscape architectural portions of the project, to include streetscape, wayfinding/signage, and placemaking opportunities. Availability over Project Term: 15-25% • Big Thompson Recreation and Conservation Plan, Larimer County, CO • Big Thompson River Restoration Plan, Larimer County, CO • Little Thompson Watershed Restoration Master Plan, Larimer and Boulder County, CO • Downtown Master Plan and Streetscape Enhancements Project, Johnstown, CO • Downtown Streetscape Improvements, Longmont, CO • Downtown Public Realm Enhancements, Johnstown, CO • Downtown Alleys/Mall Renovation, Ft. Collins, CO • North College Streetscape Enhancements, Fort Collins, CO • North Nevada Urban Renewal Area Master Plan, Colorado Springs, CO • South Downtown Plan, Grand Junction, CO • Centerra/2534 Design Guidelines, Loveland, CO • Downtown Gateway Planning Study, Dubois, WY TOWN OF ESTES PARK DOWNTOWN PLAN 9 Jeremy Call, AICP; Senior Planner and Landscape Architect Master of Landscape Architecture, 2003; B.A., 2000 Certified Planner, American Institute of Certified Planners / American Planning Association, 2011; Professional Landscape Architect, State of UT Jeremy is a certified land use planner, professional landscape architect, and recreation planner with a broad range of experience serving local, state, and federal governments. With over 10 years of experience, Jeremy currently directs and trains staff through several complex comprehensive, conservation, recreation, and trail planning projects with emphasis in land use, land conservation, developed recreation, travel management, and NEPA analyses. Jeremy is also highly experienced in permitting, resource management, public facilitation, and geographic information systems. Availability over Project Term: 20-30% • Big Thompson Recreation and Conservation Plan, CO • Larimer County Regional Conservation Plan, “Our Lands - Our Future, Larimer County, CO • Fort Collins Natural Areas Master Plan Update (2004 and 2014), Fort Collins, CO • Larimer County Open Lands Master Plan Update, Larimer County, CO • Town of Gypsum - Eagle River Area Plan, Gypsum, CO • Fruita Community Plan Update and Parks, Open Space, and Trails Plan, Fruita, CO • Estes Valley Resource Management Plan and Environmental Assessment, Estes Valley, CO • Larimer County Reservoirs Resource Management Plan and Environmental Assessment, Larimer County, CO • Peoria Sonoran Preservation Program Study, AZ • The Great Circle: Las Vegas Valley Perimeter Open Space Plan, Clark County, NV • Moapa Valley Open Space Plan, Clark County, NV • Pittman Wash Master Plan, Henderson, NV Dave Harris, Senior Landscape Architect and Urban Designer B.S., Landscape Architecture and Environmental Planning, 1991 Professional Landscape Architect, State of Utah; Council of Landscape Architecture Dave serves as Logan Simpson’s director of urban design and Landscape Architecture. He has more than 23 years of experience in large- and small-scale landscape architecture urban design and planning projects, including four years of landscape construction experience. He provides client services in advanced master planning, design, project management, and construction administration including all levels of municipal projects, parks, trails, rights-of-way, public and private open space, master planned communities, resort, and design review. Dave has developed an excellent working relationship with his clients by creating a sense of team effort on all projects regardless of the complexity or fast track schedule. Availability over Project Term: 15-20% • Elko Downtown Corridor Plan, Elko, NV • Alta Town Center Concept and Massing Study, Alta, UT • Marmalade Gateway, Salt Lake City, UT • Old School at 7th Street Reuse/Redevelopment, Salt Lake City, UT • The Yard at 7th Street Reuse/Redevelopment, Salt Lake City, UT • 8th Street and Creamery Corridor Study, Tempe, AZ • Regional Transportation Authority (RTA) Historic Deira District Street and Infrastructure Design, Dubai, UAE • 7200S to Jordan River Gateway and Streetscape Design, Midvale, UT 10 LOGAN SIMPSON SUBMITTAL Kristina Kachur, Planner M.A., Urban and Regional Planning, 2013; B.A., Geography-Envi- ronmental Planning, 2010 Kristina is a recreation planner skilled in GIS analysis, environmental land use, and public involvement. She has worked on a variety of environmental and comprehensive planning projects at various scales, working with local, county and federal clients. She is proficient in using GIS to produce models and maps to aid in planning exercises, and has complied and mapped natural resource data to evaluate sensitive resources for recreation management. Kristina has also facilitated focus groups and has a thorough knowledge of alternative outreach methods to inform planning processes. Availability over Project Term: 40-50% • Big Thompson Recreation and Conservation Plan, Larimer County, CO • Big Thompson River Restoration Plan, Larimer County, CO • Little Thompson Watershed Restoration Master Plan, Larimer and Boulder counties, CO • Larimer County Open Lands Master Plan, CO • Colorado Statewide Comprehensive Outdoor Recreation Plan, CO • City of Fountain Parks, Recreation, Open Space and Trails Master Plan, Fountain, CO • Middle Bald Mountain Communication Site Environmental Impact Statement, Larimer County, CO • Estes to Flatiron Transmission Lines Rebuild EIS, Larimer County, CO • Denver Regional Council of Governments (DRCOG) MetroVision 2040, Denver region, CO BAS1S Steve Lane, AIA LEED AP; Principal Architect/Assistant Project Manager B. Arch – Rensselaer Polytechnic Institute, NY Colorado B-3339; Wyoming C-2292; NCARB Certificate: 58-107; Park R-3 School District Accountability Committee (2009-2011, Past Chair); Estes Valley Planning Commissioner (2009-2010); Vice-Chair, Estes Park Board of Building Code Appeals 2004-2012; Larimer County Building Code Adoption Committees (2006 + 2012); Estes Park Learning Place Board Member 2008-2011 Steve has over twenty years of experience in the profession, including 16 years as the principal of BAS1S Architecture. The years prior were spent involved in the early 1990s revitalization of lower downtown Denver. Steve is intimately familiar with the Estes downtown, having been involved with numerous remodel and new construction projects. Over the years, he’s built strong relationships with Town staff and has served the community, in particular as a planning commissioner - reviewing projects and working on development code revisions. Steve has always been involved with the Estes downtown - as an architect, developer, property owner, and, living in the Estes Valley for twelve years, a customer. As an assistant project manager, Steve would be strongly involved in land use and place-making, developing a downtown architectural character vision, engaging the community in the process, and forming directives for potential development code changes to realize the goals developed. Availability over Project Term: 100% • Estes Park Visitors Center , Estes Park, CO • Ed’s Cantina Remodel, Estes Park, CO • East Elkhorn Shops, Estes Park, CO • Kirk’s Fly Shop Addition, Estes Park, CO • Riverspointe Downtown, Estes Park, CO • Harmony Foundation, Estes Park, CO • YMCA of the Rockies, Estes Park & Granby, CO • Good Samaritan Village, Estes Park, CO • Habitat for Humanity of the Estes Valley (pro bono) since 2001 TOWN OF ESTES PARK DOWNTOWN PLAN 11 Leland Consulting Group David M. Siegel, Senior Project Manager; Land Use Planning + Visioning Ohio State University, Master of City and Regional Planning; Wittenberg University, Bachelor of Arts, Political Science and Urban Studies American Planning Association (served as national President, Director-at-Large, national Co-Chair of Rebuilding America Task Force, and other leadership roles national & Oregon APA); WTS Portland (Fundraising Committee) David has 39 years of experience as an award-winning planner and manager for public and private sector planning and public works agencies, working on public and private sector projects locally, regionally, nationally and internationally. He provides innovative, collaborative, and outcomes-based planning and communications expertise on land use, transportation, visioning and strategic planning, community development, and infra- structure projects. He has led or participated in the creation of countless community plans, downtown and town center plans, comprehensive land use plans, and long-range planning and policy studies, each being given its own unique approach. This breadth of experience, in conjunction with his background in visioning, communications, public involvement, and consensus- building, provides clients with a deep and diverse understanding of community issues and planning principles. Availability over Project Term: 30% • Vision for Greater Downtown, Eugene, OR • Downtown/Central Area Plan, Bend, OR • Downtown Improvement Plan, Tigard, OR • Redevelopment Plan Update, Florence, AZ • Downtown Improvement Plan, Turner, OR • Northeast Gateway Plan, McMinnville, OR • Downtown Strategic Action Plan, Salem, OR • Downtown Improvement Plan, Newberg, OR • West Salem Business District Action Plan, , OR • Main Avenue Redesign Project, Twin Falls, ID • Downtown Strategic Plan Workshop, Brighton CO • South Portal Development Plan, Portland, OR • Main Street Redesign, Cottage Grove, OR • Murray-Scholls Town Center Plan, Beaverton, OR • Tanasbourne-Amberglen Town Center Plan, Hillsboro, OR • Comprehensive Plan Update, Brighton, CO Brian Vanneman, Principal; Development Strategy + Feasibility Analysis Master of Urban and Regional Planning, Graduate Certificate of Real Estate Development; B.A. History and Journalism Member, Urban Land Institute Next10, City Club of Portland; Alumni Committee, Portland State University, Urban and Regional Planning With extensive experience working for both public agencies and private developers, Brian provides clients with a range of technical and strategic skills and that enable great urban places to get built. Brian’s passion is for downtown revitalization, infill projects, and transit-oriented development—urban places where people can meet, work, interact, and thrive. In support of these and other places, Brian conducts and oversees financial and real estate market analyses, public funding studies, site planning, and other aspects of redevelopment and revitalization projects. Many of Brian’s projects also include connecting the public and private sectors through outreach to developers, lenders, and key tenants, and developer requests for proposals. He has 12 years of experience in urban planning and real estate. Availability over Project Term: 20% • Downtown Plan, Bozeman, MT • Colfax Alternatives Analysis, Denver, CO • Central Area Plan, Bend, OR • Downtown Circulator Development Analysis, Missoula, MT • Downtown Retail Strategy, Portland, OR • Vancouver/Williams Project Market Analysis, Portland, OAR • Waterfront Master Plan, Vancouver, WA • Point Defiance Waterfront Master Plan, Tacoma, WA • Main Avenue Redesign Project, Twin Falls, ID 12 LOGAN SIMPSON SUBMITTAL Ted Kamp, Market and GIS Analyst; Market Trends Analysis + Competitive Set Analysis University of Colorado, Master of Urban and Regional Planning, PhD coursework; University of Arizona, Master of Science— Marketing (Research Concentration); University of Oklahoma, Bachelor in Business Administration (with honors) For the past 18 years, Edward “Ted” Kamp has provided analytic consulting services – first in the field of advertising (for the Leo Burnett agency in Chicago), and since 2001 in the arena of urban planning and strategic real estate development. Drawing on expertise in GIS, economic, and demographic analysis, he incorporates user-friendly information design to convey critical market intelligence to stakeholders. His work spans a variety of contexts including strategic revitalization, impact analysis and transit-oriented development – primarily across the western and central United States. Availability over Project Term: 30% • Regional Tourism Act, Analysis and Application, Pueblo, CO • Gregory Street Corridor Market Analysis, Black Hawk, CO • Economic Revitalization Strategy, Dillon, CO • Market Strategy and Opportunity Site Profiles, Wheat Ridge, CO • Colfax Corridor Connections, Denver, CO . Anderson Consulting Engineers Bradley A. Anderson, P.E., CFM; Principal/Hazard Mitigation B.S./Civil Engineering, NDSU/1974; .S./Water Resources Engineering, CSU/1982 American Society of Civil Engineers; Association of State Floodplain Managers; Colorado Association of Stormwater and Floodplain Managers Brad gas over 33 years of consulting experience in the field of water resources engineering. He is an experienced civil engineer proficient in complex hydrologic analysis, channel hydraulics, hydraulic structure evaluation and design, floodplain analysis and modeling, and sediment transport analysis of watersheds and river systems. He has been specifically involved in projects related to the management and mapping of regulatory floodplains within Region VIII of the Federal Emergency Management Agency. Brad will be responsible for flood hazard mitigation. Availability over Project Term: 15% • Colorado CTP Map Modernization/RiskMAP Project, CO • Colorado Flood Documentation Project, CO • Colorado Nation al Hazard Mitigation Plan, Flood Annex, Denver, CO • Hazard Mitigation 404 Grant Application Reports, Fort Collins, CO • Fall River Stream Restoration Master Plan, Estes Park, CO • Fish Creek Stream Restoration Master Plan, Estes Park, CO TOWN OF ESTES PARK DOWNTOWN PLAN 13 Michelle L. Martin, P.E.; Senior Engineer/River Engineering B.S./Civil Engineering/CSU/2000; M.S./Civil Engineering- Hydraulics/CSU/2002 American Society of Civil Engineers; Colorado Association of Stormwater & Floodplain Managers Michelle has over 13 years of experience as a project engineer for public and private sector clients in Colorado, Washington, Wyoming, Mississippi, and Indiana. She has served as project engineer for various studies involving: (a) hydrologic and hydraulic analyses; (b) sediment transport modeling and geomorphic assessments; (c) floodplain and floodway analyses and mapping in both natural and urban settings in support of Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) application to the Federal Emergency Management Agency (FEMA); and (d) design of hydraulic structures, irrigation canal structures, channel erosion protection measures, and dam outlet works. Michelle would be primarily responsible for river engineering. Availability over Project Term: 20% • Fall River Stream Restoration Master Plan, Estes Park, CO • Fish Creek Stream Restoration Master Plan, Estes Park, CO • Stream Morphology/Sediment Transport Project, Cache la Poudre River, Fort Collins, CO • Sediment Transport Modeling and Alternative Feasibility Study, North Platte River, NE • Logan River, Blacksmith Fork River and Spring Creek Flood Control and Stream Restoration Project, Logan, UT Aaron M. Hansen, P.E., CFM; Senior Engineer/Public Infrastructure Planning B.S./Civil Engineering/CSU/1996; Association of State Floodplain Managers Colorado Association of Stormwater & Floodplain Managers Aaron has over 18 years of experience as a civil engineer specializing in flood control, stormwater, and infrastructure improvements. His experience includes: (a) preliminary and final design of detention ponds, flood control channels, channel erosion protection measures, and storm sewers; (b) hydrologic and hydraulic analyses of natural and improved river systems; (c) preparation of master drainage plans; (d) inventory, evaluation, and design of irrigation delivery systems; and (e) preliminary and final design of water distribution, sanitary sewers and road drainage improvement projects. Aaron will be responsible for public infrastructure. Availability over Project Term: 20% • Terry Lake Master Drainage Plan and Regional Detention Pond, Longmont, CO • 4th Street Storm Sewer/Bestway Detention Pond Drainage Improvement Project, Greeley CO • 35th Avenue/22nd Street Stormwater Project, Greeley, CO • Canal Importation Ponds and Outfall Project, Fort Collins, CO • St. Vrain Creek Bank Stabilization Project, Longmont, CO • US Highway 287 Waterline Relocation Project, Fort Collins, CO 14 LOGAN SIMPSON SUBMITTAL Ben N. Ackert; GIS Analyst/GIS Mapping B.S./Natural Resource Management, Spatial Information Systems/ CSU/2004 Ben has over eight years of experience as a GIS Analyst. He is knowledgeable in the use of Geographic Information Systems (GIS), Remote Sensing, Global Position Systems (GPS) Technology, and Data Management. Ben has over six years experience collecting and preparing spatial data necessary for hydrologic studies, hydraulic studies, and base map production and is proficient in the application of ArcGIS, and ArcCatalog, including the Spatial Analyst and 3D-Analyst, and HEC-GeoRAS extensions. He also has experience using HEC-RAS, AutoCAD, and ArcHydro tools. Ben will be responsible for GIS mapping. Availability over Project Term: 20% • FEMA Map Modernization/RiskMAP Project, CO • FEMA RiskMAP Project, KS • Sweetwater Watershed Study, Cheyenne, WY • Casper Alcova Irrigation District GIS, Casper, WY • Clear Creek Watershed Study, Cheyenne, WY • Water Quality Master Plan, Fort Collins, CO • City of Pueblo Floodplain Mapping, Pueblo, CO • Templeton Gap Floodplain Mapping, Colorado Springs, CO Charlier Associates Inc. James F. Charlier, AICP; Principal in Charge and Project Manager BS, Industrial Administration – Physical Distribution and Logistics, Iowa State University, 1972; S, Public Administration – Economics, Iowa State University, 1975 Member: APA, CNU, ITE, ULI Jim is a transportation planner based in Boulder, Colorado with over 40 years of experience. He is nationally known for innovations in transit system development, pedestrian environment design, downtown redevelopment and transit- oriented development. Jim’s transportation master plans (Kauai County HI, Flagstaff/Coconino AZ, Redmond WA, Boulder CO, Fort Collins CO, Jackson/Teton WY) have served as prototypes for plans that respond to community objectives for economic vitality, quality of life, public health and sustainability. Jim is an expert in parking system development and management and has completed parking plans and programs for major cities as well as numerous resort communities. He is currently providing technical assistance workshops to local communities across the US for both EPA and Smart Growth America. Jim teaches courses in Sustainable Urbanism and Sustainable Transportation at the University of Colorado in Boulder as an adjunct. He is also on the faculty of both the Governor’s Institute of Community Design and the Mayor’s Institute of City Design, and was recently named a Master Builder in the Community Builders program of the Sonoran Institute. Availability over Project Term: 25% • Downtown Plan, Scottsdale, AZ • Reinvent Phoenix TOD/Parking Plan, Phoenix, AZ • Downtown TOD Strategic Plan, Rifle, CO • Downtown Planning and Urban Design, Glenwood Springs, CO • I-70B Corridor Options, Downtown Grand Junction, CO • Downtown Traffic Circulation Plan, Redmond, WA • City Center Master Plan, Joliet, IL • Winslow Tomorrow, Downtown Bainbridge Island, WA • Downtown Pedestrian Environment Plan, Kailua, HI • Downtown Parking + Circulation Plan, Jackson, WY • Downtown Parking + Circulation Plan, Greeley, CO • Commercial Area Access and Circulation, Avon, CO • Commercial Area Access/Circulation, Girdwood, AK • Downtown Pedestrian Enhancement Plan, Aspen, CO • Downtown Parking PSE System, Boulder, CO • City Center Transit Plan, Portland, OR TOWN OF ESTES PARK DOWNTOWN PLAN 15 Terri Musser; Senior Transportation Planner - Pedestrian and Bicycle Planning and Design BS, University of Nebraska, 1987 Terri is an experienced planner who has maintained a professional specialization in pedestrian and bicycle facility planning for over 25 years. Terri manages a variety of Charlier Associates’ projects focusing on multimodal transportation, bicycle, pedestrian, and trail networks, TOD access projects, and downtown development. She has focused on pedestrian and bicycle planning since 1989 – first with the North Carolina firm of Greenways Incorporated and then in her own Midwest-based consulting firm of Bicycles &, Inc. for nine years. Terri has been with Charlier Associates since 2003. She works with clients, stakeholders and citizens to plan and design both large components and the small details of streets and non-motorized circulation networks within neighborhoods, corridors, cities, and regions. Availability over Project Term: 30% • Community Streets Plan, Jackson, WY • I-70B Corridor Options, Downtown Grand Junction, CO • Downtown Plan, Scottsdale, AZ • Downtown TOD Strategic Plan, Rifle, CO • Downtown Traffic Circulation Plan, Redmond, WA • Downtown Pedestrian Environment Plan, Kailua, HI • Reinvent Phoenix TOD/Parking Plan, Phoenix, AZ • Bicycle Master Plan, Phoenix, AZ Patrick Picard, AICP; Multimodal Transportation Planner BA, Geology, The Colorado College, 2004 MURP, University of Colorado Denver, 2011 Patrick’s professional background includes five years of experience in transportation planning ranging from bicycle planning projects, multimodal corridor level analysis, rail and bus transit operations planning, and local transportation master plans. His main interest is in improving multimodal transportation options for communities, and he brings both technical and analytical skills to projects as well as a strong desire to involve the community in formulating and ultimately achieving their transportation goals. In his time at Charlier Associates Patrick has been the principal author of innovative transportation plans for Kauai County, Hawaii; Rifle, Colorado; and Jackson/Teton County, Wyoming. Availability over Project Term: 30% • Downtown TOD Strategic Plan, Rifle, CO • Reinvent Phoenix TOD/Parking Plan, Phoenix, AZ • County Transportation Master Plan, Kauai County, HI • Integrated Transportation Plan, Jackson/Teton County, WY 16 LOGAN SIMPSON SUBMITTAL McCall Downtown Districts Framework TOWN OF ESTES PARK DOWNTOWN PLAN 17 C. PAST PROJECT PORTFOLIO As a multi-disciplined team, our portfolio of past projects is extensive and varied. Logan Simpson has provided five relevant projects that incorporate similar scope and public engagement as outlined in this RFP. Following Logan Simpson’s project are our subconsultants’ projects, chosen for their focus on similar tasks to those they will be completing. The experience matrix at the end of this section gives an overview of the breadth and depth of our expertise and experience. LOGAN SIMPSON MCCALL DOWNTOWN MASTER PLAN UPDATE, MCCALL, IDAHO The City of McCall, Idaho is nestled between the mountains of the Payette National Forest and the waterfront of Payette Lake. As the largest community in Valley County it serves as a regional economic hub including parts of neighboring Adams and Idaho counties. McCall’s Downtown has been identified as the heart of the community and defines the character of McCall. Logan Simpson worked with Harmony Design & Engineering to develop the 2013 Downtown Master Plan Update. The Master Plan builds on previous City planning efforts to create a roadmap for future development and redevelopment of the Downtown, and includes components of traditional downtown master plans while developing recommendations through economic and cultural influence. The City has changed considerably since the previous Downtown Master Plan completed in 1997 - several significant development projects and other public improvements have been built, and numerous City planning and design documents have been developed or updated. Economically, McCall experienced the real estate boom and bust of the 2000s along with the rest of the United States, and its economy is currently showing indications of improvement. This update aligns the Downtown Master Plan with visions and policies of recently adopted planning documents, and refocuses planning efforts and policies to address current issues and future opportunities. It is a tool for assessing current conditions and setting a course for future success. This Master Plan provides a framework that balances McCall’s unique character and lifestyle community charm with economic growth in order to create a vibrant Downtown McCall. BP 2. Focus Downtown on Payette Lake to maximize the experience and connection to the Lake Payette Lake was identified as McCall’s “Crown Jewel” during the Community Workshops and it is perhaps McCall’s greatest asset. It sets the city apart from others mountain resort communities, provides a spectacular backdrop for Downtown, and is the cornerstone of the city’s tourist industry. The recreational lakefront at Legacy Park attracts thousands of tourists during the summer. The improvements that were previously outlined and recently implemented in the “McCall Lakefront Plan” (2006) demonstrate how lakefront improvements can revitalize and activate the lakefront. There is a huge opportunity to increase economic activity Downtown by complimenting and enhancing the recreational component surrounding the Lake with a vibrant and active commercial component. Encourage the development of a lakefront boardwalk. Currently, the lake side of the buildings in the Lakefront Commercial District are, for the most part, underutilized from an economic perspective and are not oriented towards the Lake. Only a few restaurants currently provide lakeside patio dining, and a significant portion of the properties facing the Lake consist of office uses, service areas, and vehicle parking. There is an existing informal walkway from Legacy Park to Art Roberts Park. However, access to the walkway is uninviting, it is in general disrepair in front of the McCall Mall, and pathway is not ADA accessible. An inviting and formalized pedestrian boardwalk along the lake side of the Lakefront Commercial District could provide connectivity between Legacy Park, Art Roberts Park, and future commercial development to the west and can create increased economic activity and real estate development opportunities for commercial enterprises along the way. The boardwalk could become a prime commercial waterfront area that provides adequate space for outdoor restaurant seating and easy access to shopping, lodging, and other services to the thousands of visitors recreating at the adjacent beach. The boardwalk could also become a unique gathering place for visitors and local residents featuring benches, landscape planters, public art, and unique places to linger. The design of a lakefront boardwalk should include natural materials to match the small town, western character of McCall, and it could be designed to allow light to penetrate through to the Lake to maintain water quality. A public / private partnership may be the best way to implement this project and it could be completed in multiple phases as properties redevelop. Coordination of future underground utility improvements with the development of pedestrian amenities is encouraged to benefit both private and public entities. Lakefront Boardwalk 22 18 LOGAN SIMPSON SUBMITTAL JACKSON / TETON COUNTY COMPREHENSIVE PLAN, CHARACTER DISTRICT PLANS, LAND DEVELOPMENT REGULATIONS UPDATE, AND INTEGRATED WORKFORCE HOUSING ACTION PLAN; TOWN OF JACKSON AND TETON COUNTY, WYOMING Each year, millions of American and foreign tourists enjoy the pristine natural resources of Yellowstone and Grand Teton National Parks, the largest essentially intact ecosystem in the continental U.S. The private lands of Teton County, Wyoming, commonly known as Jackson Hole, are the southern gateway of this ecosystem and home to 21,000 permanent residents and millions of annual visitors. The joint Jackson/Teton County Comprehensive Plan, developed by Logan Simpson staff members in 2011 prior to joining the firm, protects this ecosystem for the enjoyment of current and future generations by employing a rigorous Growth Management Program and character-driven subarea plans for the entire county. A comprehensive set of policies derived from the community’s shared values provides a predictable and sustainable roadmap for the future. The policies are then translated to specific areas of the community through fifteen Character District Plans, which illustrate desired character for each area of future development at three different scales: the entire neighborhood, blocks and streets, and individual buildings, ensuring that all policies are implemented in the proper context. In addition, the Growth Management Program provides a quantifiable, iterative implementation strategy that directs future growth away from ecologically sensitive areas and into the locations most suited for new development. This data-driven program is based on a series of thresholds, triggers, and corrective actions, which allow for proactive response and adaptation to changing conditions - ensuring the achievement of the community’s vision. The team’s targeted community outreach strategy engaged the young, working poor, Latinos, seasonal employees, and other historically underrepresented groups. Engagement efforts included advisory committees, interactive workshops, individual meetings and interviews, group presentations, small- group “coffee shop conversations,” statistically valid surveys, fireside chats with elected officials, and open houses held throughout the community, at IV-24 IV-25 2.4: Public/Civic This STABLE subarea is defined by institutional facilities such as the Davey Jackson Elementary School, the Teton County/Jackson Recreation Center, and the various State and Federal Agencies along North Cache Street. This area will continue to provide these essential public services in a central location consistent with the sustainability and community service policies of the Plan. In the event that lands within this subarea are conveyed into private ownership, any development of non-public uses could require this subarea to be amended. 2.5: North Cache Gateway This TRAN- SITIONAL subarea will be character- ized as a key gateway into the town from the National Parks and the airport to the north. Flat Creek enhancement is of great im- portance here, and redevelop- ment should seek to promote Flat Creek as a recreational and ecological amenity. The existing mix of non-residential and residential uses, including workforce housing, are appropriate. The redevelopment of these uses should take the form of two (2) and three (3) story buildings that address North Cache and the Flat Creek corridor, with an emphasis on providing workforce housing. Building designs should incorporate techniques to mitigate height such as stepping back upper floors from the streetscape. 2.3: Downtown This large TRANSITIONAL subarea currently consists of a variety of retail, restaurant, office and other commercial activities, along with long-term residences and lodging in a variety of building sizes and forms. Downtown is the center of civic, cultural, economic and social activity for our community as well as the center of the visitor experience, as a significant amount of lodging is located here. The existing character and built form is varied and inconsistent. The goal of this subarea is to create a vibrant mixed-use area by accommodating a variety of uses and amenities. The subarea will be the starting point for the development of a refined Lodging Overlay boundary and future discussion of the type and size of lodging desired. A key challenge will be to provide a balance between lodging and long-term residential housing. Commercial uses that create an active and engaging pedestrian experience will be predominantly located on the first and second floors of buildings. Examples of these uses include restaurants, bars, a variety of retail shops and commercial amusement. Furthermore, as portions of the subarea will be located within a future Downtown Retail Shopping District, uses such as office, residential and lodging will be predominantly located on upper floors. A goal of this subarea will be to create a consistent building size and form. In the future, a variety of two to three story buildings are desired. Buildings should be located to create an attractive street wall and take advantage of good urban design principles including massing, articulation and the provision of public space. The pedestrian realm will be of great importance in this subarea, and emphasis should be placed on adding improvements focusing on the pedestrian experience. Parking should continue to be provided predominately in public lots and on street to create a vibrant, walkable area that is oriented to the pedestrian. On-site parking should be predominantly underground or screened from view. Future redevelopment should enhance the Flat Creek corridor for recreational and ecological purposes. Buildings should front onto the creek to provide opportunities for interaction and enjoyment of this community resource. Resort/ Civic Village Center Town TOWN OF ESTES PARK DOWNTOWN PLAN 19 IV-18 IV-19 District 2: Town Commercial Core Complete Neighborhood + Rural Area Chart DefiNiTioN eXST.fuTuRe CoMPLeTe NeiGHBoRHooDDefined Character/High Quality Design Two- to three-story buildings, street wall creating a vibrant pedestrian mixed use area Public Utilities Water, sewer, storm sewer Quality Public Space Miller Park, Phil Baux Park, Snow King, Center for the Arts Variety of Housing Types Duplex, condominiums, apartments, multi-family Walkable Schools, Commercial + Recreation Post Office, START, Limited convenience commercial, school, parks, pathways Connection by Complete Streets Accommodations for alternative transportation modes a priority RuRALViable Wildlife Habitat + Connectivity Flat Creek enhancements Natural Scenic Vistas Agricultural + Undeveloped Open Space Abundance of Landscape over Built Form Limited, Detached, Single Family Res. Development Minimal Nonresidential Development Legend: Generally Present; Partially Present; Generally absent IV-18 IV-19 District 2: Town Commercial Core Complete Neighborhood + Rural Area Chart DefiNiTioN eXST.fuTuRe CoMPLeTe NeiGHBoRHooDDefined Character/High Quality Design Two- to three-story buildings, street wall creating a vibrant pedestrian mixed use area Public Utilities Water, sewer, storm sewer Quality Public Space Miller Park, Phil Baux Park, Snow King, Center for the Arts Variety of Housing Types Duplex, condominiums, apartments, multi-family Walkable Schools, Commercial + Recreation Post Office, START, Limited convenience commercial, school, parks, pathways Connection by Complete Streets Accommodations for alternative transportation modes a priority RuRALViable Wildlife Habitat + Connectivity Flat Creek enhancements Natural Scenic Vistas Agricultural + Undeveloped Open Space Abundance of Landscape over Built Form Limited, Detached, Single Family Res. Development Minimal Nonresidential Development Legend: Generally Present; Partially Present; Generally absent Planning Project of the Year Award from the Wyoming Planning Association. Following completion of the comprehensive plan, Logan Simpson was retained to update the County’s rural Land Development Regulations and complete an Integrated Workforce Housing Action Plan, which will assist the County in meeting its goal of providing housing for 65% of its current and future workforce – a true challenge in an internationally renowned resort community. We are currently a subconsultant to Charlier Associates for the Integrated Transportation Plan (described in detail below), which will connect adjacent counties, complete neighborhoods, rural areas, and resorts together using alternative modes of transit including gondola and rapid transit. various times of the day, to give people from all reaches of the County the opportunity to participate. Almost 2,000 community members – nearly 10% of the population – participated in the process at some point, with almost 400 community members participating in the final workshop. Participation was representative of the full spectrum of age, ethnicity, income, and tenure in the community. Ultimately, the Plan was adopted unanimously by both the Jackson Town Council and Board of Teton County Commissioners with broad community support, including the local Conservation Alliance, the Chamber of Commerce, large land owners, and the local Tea Party chapter, and the Plan recently won the 2012 Urban 20 LOGAN SIMPSON SUBMITTAL FRUITA COMMUNITY PLAN UPDATE; PARKS, OPEN SPACE, AND TRAILS PLAN; AND DOWNTOWN STREETSCAPE AND CIVIC CENTER MASTER PLAN, FRUITA, COLORADO In addition to the Comprehensive Plan, our team recently worked with the City of Fruita to design enhancements to their historic downtown core that will support business growth, spur infill and redevelopment, and support the continued growth of festivals and events that are important economic stimuli for the community. The city is at the northern gateway to Colorado National Monument, and is well known for its scenic mountain-biking trails, Dinosaur Museum, and annual “Mike the Headless Chicken” and “Fat Tire” festivals. The team prepared a master plan for Civic Center Memorial Park, which anchors the east end of the historic downtown, and hosts up to 25 concerts and community events during the year. The team also developed plans for the downtown core streetscapes, which accommodate year-round circulation and activities, as well as closures for major festivals. In the center of downtown is Park Square, which is currently dominated by cars and expansive asphalt paving associated with a large roundabout that surrounds Circle Park. The plan recommends widening the sidewalks around the square to 16 feet, and creating “woonerfs,” or living streets, in the corners that have landscaping and new pedestrian use areas that can accommodate buskers, vendors, food carts, and other temporary uses. The plan was adopted by City Council in December 2013, and the city has submitted the plan with grant applications to supplement the funding they have available through their general fund. In addition to planning these downtown streetscapes, Logan Simpson staff has worked with Fruita to develop their 2008 Community Plan Update and subsequent Parks, Open Space, and Trails Plan. TOWN OF ESTES PARK DOWNTOWN PLAN 21 EAST ASPEN STREET PLAN 0 20 40 60 JUNE 30, 2014South Mulberry StreetSouth Peach StreetPLAN VIEW EAST ASPEN AND PEACH STREET NORTHWEST CORNER- BEFORE EAST ASPEN AND PEACH STREET NORTHWEST CORNER- AFTER North Mulberry StreetNorth Peach StreetCivic Center Memorial Park East Aspen AvenueEast Aspen AvenueCircle Park Park SquarePlanter Pot Seat Wall Grasses and Perennials Colored Concrete Crosswalk Handrail around outdoor tables Handrail around outdoor tables Existing Tree Existing Tree Stone Seat Wall Existing Tree Tree In Grate Reduce Walk Width to 8’ 30” High Screen WallsExisting Planter to Remain Book Store Park Avenue Salon Sew What Acupuncture & Herb Clinic Fruita Chiropractic and Massage Town and CountryHair Cuts American Family Insurance Aspen Street Coffee Over the Edge Sports Camilla’s Kaffe Valley Gate Center Gallery Flowers By Jimmie Kim’s Auto Parts Copper Club Brewing Co.No Coast SushiDomino’s PizzaMajestic Block 1910Ruby CanyonEdward JonesCavalcade Parking Lot Fruita Assembly of God Suds Brothers Brewery Park Sign Outdoor Sales Area Outdoor Sales Area At Grade Planter With 6” curb Possible Future Door Location Existing Tree 16’ 12’ 8’ 8’ 8’8.5’7’6’7’7’7’6’Min MinMinMinTo Back of Curb 8EAST ASPEN STREET PLAN 0 20 40 60 JUNE 30, 2014South Mulberry StreetSouth Peach StreetPLAN VIEW EAST ASPEN AND PEACH STREET NORTHWEST CORNER- BEFORE EAST ASPEN AND PEACH STREET NORTHWEST CORNER- AFTER North Mulberry StreetNorth Peach StreetCivic Center Memorial Park East Aspen AvenueEast Aspen AvenueCircle Park Park SquarePlanter Pot Seat Wall Grasses and Perennials Colored Concrete Crosswalk Handrail around outdoor tables Handrail around outdoor tables Existing Tree Existing Tree Stone Seat Wall Existing Tree Tree In Grate Reduce Walk Width to 8’ 30” High Screen WallsExisting Planter to Remain Book Store Park Avenue Salon Sew What Acupuncture & Herb Clinic Fruita Chiropractic and Massage Town and CountryHair Cuts American Family Insurance Aspen Street Coffee Over the Edge Sports Camilla’s Kaffe Valley Gate Center Gallery Flowers By Jimmie Kim’s Auto Parts Copper Club Brewing Co.No Coast SushiDomino’s PizzaMajestic Block 1910Ruby CanyonEdward JonesCavalcade Parking Lot Fruita Assembly of God Suds Brothers Brewery Park Sign Outdoor Sales Area Outdoor Sales Area At Grade Planter With 6” curb Possible Future Door Location Existing Tree 16’ 12’ 8’ 8’ 8’8.5’7’6’7’7’7’6’Min MinMinMinTo Back of Curb 8EAST ASPEN STREET PLAN 0 20 40 60 JUNE 30, 2014South Mulberry StreetSouth Peach StreetPLAN VIEW EAST ASPEN AND PEACH STREET NORTHWEST CORNER- BEFORE EAST ASPEN AND PEACH STREET NORTHWEST CORNER- AFTER North Mulberry StreetNorth Peach StreetCivic Center Memorial Park East Aspen AvenueEast Aspen AvenueCircle Park Park SquarePlanter Pot Seat Wall Grasses and Perennials Colored Concrete Crosswalk Handrail around outdoor tables Handrail around outdoor tables Existing Tree Existing Tree Stone Seat Wall Existing Tree Tree In Grate Reduce Walk Width to 8’ 30” High Screen WallsExisting Planter to Remain Book Store Park Avenue Salon Sew What Acupuncture & Herb Clinic Fruita Chiropractic and Massage Town and CountryHair Cuts American Family Insurance Aspen Street Coffee Over the Edge Sports Camilla’s Kaffe Valley Gate Center Gallery Flowers By Jimmie Kim’s Auto Parts Copper Club Brewing Co.No Coast SushiDomino’s PizzaMajestic Block 1910Ruby CanyonEdward JonesCavalcade Parking Lot Fruita Assembly of God Suds Brothers Brewery Park Sign Outdoor Sales Area Outdoor Sales Area At Grade Planter With 6” curb Possible Future Door Location Existing Tree 16’ 12’ 8’ 8’ 8’8.5’7’6’7’7’7’6’Min MinMinMinTo Back of Curb 8 22 LOGAN SIMPSON SUBMITTAL ELKO DOWNTOWN CORRIDOR DESIGN, ELKO, NEVADA Downtown Elko is a busy town of about 60,000 resident mostly supported by some of the world’s largest gold mines.  In the 1980s the federal government initiated project Life Saver to re-locate the Union Pacific Rail Road from the center of town to the east.  This project left behind a huge corridor approximate 250’ wide and over 3,500 feet long surrounded by a mixed use of hotel, casino, office, retail, and residential.  For the past 30 years, the corridor has existed as a poor functioning and poorly maintained parking lot.  Logan Simpson provided master planning and design services for the entire corridor, and has completed a 20-year master plan illustrating a phased approach to improve the entire corridor.  Phase 1 includes an elegant western and uniquely Elko town square with improved circulation, head in parking and circulation that is planned to improve the downtown corridor.  An aggressive public outreach brought about stakeholder comments and gain general support from the major retailers, land and business owners in the corridor.  The Town Square includes design inspiration from the ranching, mining, Basque Culture and Native American culture, and railroad history, and continues design elements that relate to the award-winning California Trails project.  Construction of Phase 1 could start as early as spring of 2016 and will continue over the next five years. TOWN OF ESTES PARK DOWNTOWN PLAN 23 24 LOGAN SIMPSON SUBMITTAL ALTA TOWN CENTER CONCEPT AND MASSING STUDY, ALTA, UTAH The Town of Alta was founded over 150 years ago as a mining town.  In the late 1800s it was destroyed by an avalanche and has been slowly rebuilt. The town provides world class skiing but has never developed an identity.  Today, Alta has a mix of old and new developments scattered through the east end of the canyon with no real town center and very few services for the thousands of visitors that ski in Alta every winter. Logan Simpson provided planning and visioning services for the town, which included a massing study to provide technical and design guidance for future development and place making. Logan Simpson completed a comprehensive site analysis and investigation, and provided conceptual development guidance consistent with the Town’s general plan and vision. With future prospects that may include a major transit investment, Logan Simpson developed a visual rendering of scenario options to help Town staff and officials envision opportunities and consider preferences for the future. TOWN OF ALTA CONCEPT SKETCHES LOGAN SIMPSON DESIGN INC. LOGAN SIMPSON DESIGN INC. Town center showing building form, pedestrian plazas, and rail allignment Vail, Colorado Zermatt, Switzerland Albion Base parking lot looking west towards Mt. Superior White block model of “Complete Town Center” ConceptWatercolor rendering of “Complete Town Center“ concept Spatial Analysis Composite Historic Alta in 3D Model Watercolor rendering of “Village Centers“ concept at conveyance parcel location January 14, 2015 TOWN OF ALTA CONCEPT SKETCHES LOGAN SIMPSON DESIGN INC. LOGAN SIMPSON DESIGN INC. Town center showing building form, pedestrian plazas, and rail allignment Vail, Colorado Zermatt, Switzerland Albion Base parking lot looking west towards Mt. Superior White block model of “Complete Town Center” ConceptWatercolor rendering of “Complete Town Center“ concept Spatial Analysis CompositeHistoric Alta in 3D Model Watercolor rendering of “Village Centers“ concept at conveyance parcel location January 14, 2015 TOWN OF ALTA CONCEPT SKETCHES LOGAN SIMPSON DESIGN INC. LOGAN SIMPSON DESIGN INC. Town center showing building form, pedestrian plazas, and rail allignment Vail, Colorado Zermatt, Switzerland Albion Base parking lot looking west towards Mt. Superior White block model of “Complete Town Center” ConceptWatercolor rendering of “Complete Town Center“ concept Spatial Analysis CompositeHistoric Alta in 3D Model Watercolor rendering of “Village Centers“ concept at conveyance parcel location January 14, 2015 TOWN OF ESTES PARK DOWNTOWN PLAN 25 BAS1S Estes Park Visitors Center, Estes Park, Colorado Following an assessment of the existing building, the firm designed a new facility to serve the 300,000 visitors that come through the building each year. The project included an information center, offices, twenty four hour restrooms, a comfortable lodge-style resting area, and ample outdoor shaded porches. Sited along the Big Thompson River at the edge of Downtown, the Visitors Center is the initial gateway to Estes Park and Rocky Mountain National Park beyond, serving as a transportation hub for shuttles through Downtown, outlying areas of the Valley and out to the National Park. Ed’s Cantina/East Elkhorn Shops, Estes Park, Colorado The project combined a major remodel of one of Estes Park’s staple restaurants with construction of a new seven unit retail building - that now houses two residential units above. In addition to a complete interior remodel and new kitchen, a new patio and rooftop deck were added to the restaurant to enjoy outdoor seating. The new retail units were provided with dual entries, front and back, to welcome patrons from the street or strolling down the adjacent Riverwalk. LELAND CONSULTING GROUP Downtown Improvement Plan, Tigard, Oregon Dave Siegel served as project manager/lead facilitator in this award-winning effort to lead Tigard, Oregon (population 48,000) in developing a long-term vision, guiding principles, a plan, and an implementation strategy for the revitalization and growth of its downtown into a vibrant, pedestrian-oriented, urban village – fulfilling its role as a designated Town Center within the Portland metropolitan region. Particular emphasis was placed on market-supported, environmentally-sensitive, “green” projects that will create a unique identity for downtown Tigard and foster improved community livability. The project was awarded the 2005 Good Governance Award from the League of Oregon Cities, recognizing programs that successfully engage citizens in local government processes, enhance citizens’ awareness of decision making, and foster local leadership through education, planning efforts or volunteerism. The Plan is now in its ninth year of being carried out, employing the incremental implementation strategy for monitoring, updating and championing key recommendations and projects, enabling it to serve as the dynamic, “living” document it was intended to be, and resulting in change where it really counts – on the ground. Central Area Plan, Bend, Oregon Bend, Oregon, with a population 81,000 and with tourism as its largest economic sector, is the center of the Central Oregon region, with a classic, western, main street-oriented downtown facing significant pressure for higher density and taller buildings. Dave Siegel led a multidisciplinary project team in developing a long-term future vision, plan and implementation strategy for the historic downtown core and surrounding central city districts. Using a series of interactive public workshops to solidify a vision and  guiding principles, the project team identified catalyst development sites and projects, market strategies, phasing strategies, public-private partnership strategies, and financing plans for improvements within the downtown core and surrounding districts, each of which has a unique set of challenges and opportunities to attracting investment. The unique “make a difference” features of the Central Area Plan included the large-scale reinvention of Third Street (presently a classic low-density commercial strip) into pulse points of mixed-use, pedestrian and transit-oriented, higher density development linked to the Historic Downtown Core by three “great streets,” and a practical, incremental implementation strategy. Northeast Gateway Plan, McMinnville, Oregon The Northeast Gateway neighborhood occupies a prime location northeast of and adjacent to downtown McMinnville (population 33,000 and the capital of Oregon’s wine industry), offering approximately 75 acres for potential redevelopment. With local industry in the project area shifting to other areas more suitable and better-served for these uses, the City found itself with an opportunity to create a new, close-in “east- end” downtown neighborhood. The purpose of the project was to develop an infill and redevelopment plan addressing transportation needs and guiding future development to achieve an integrated, mixed-use, pedestrian-oriented neighborhood that efficiently used land and complemented ADDITIONAL RELEVANT EXPERIENCE COMPLETED BY SUBCONSULTANTS 26 LOGAN SIMPSON SUBMITTAL surrounding development. Through interactive community participation, Dave Siegel served as project manager and lead facilitator for the project, working with the City and its project partners to determine the appropriate vision for this neighborhood, a redevelopment plan, and a programmatic action plan specifying the projects, actions, tools and best management practices necessary to carry it out. CHARLIER ASSOCIATES Reinvent Phoenix, Phoenix, Arizona Reinvent Phoenix was a large, multi-year, multidisciplinary collaboration led by Duany Plater-Zyberk and Company (Miami) that involved preparation of redevelopment and infill plans for 24 transit-oriented districts around the Valley Metro light rail transit stations in Phoenix. Charlier Associates served as the transportation planner on the project, with responsibility for a comprehensive parking management program, street retrofit design solutions, bicycle and pedestrian planning and design, and transit planning. The project has been regarded as a significant step forward for the City. Our strategic parking management prototype is being used to update city ordinances and is serving as the blueprint for establishment of several new parking districts. Our concept design for a multi-use pathway along the Grand Canal across north central Phoenix is now in final design. Several of our street retrofit concepts have gone into final design and at least one has been built. Reinvent Phoenix provided a technical basis for MovePHX (Proposition 104) – a major sales tax transportation initiative that is being voted on between now and August 24. Downtown Transit Oriented Development Strategic Plan, Rifle, Colorado The Downtown Rifle TOD Strategic Plan was funded through the Colorado Department of Local Affairs (DOLA) with a combination of TIGER II and HUD Regional Challenge Grant funds. Rifle is one of DOLA’s Main Street Communities. Charlier Associates led a large multidisciplinary team to develop a comprehensive redevelopment plan for downtown Rifle that revolved around the concept of extending bus rapid transit (BRT) from the Roaring Fork Valley to Rifle. The project was overseen by a project steering committee made up of representatives from local, regional and national public agencies. With help from the committee, the project team identified several catalytic large and small opportunity sites for redevelopment downtown. The development plan incorporates strong place-making design components and is backed by a thorough analysis of economic trends and forecasts. CAI developed a detailed Action Plan as part of this project that outlines a set of infrastructure improvements the City can make to support the recommended development opportunities. The Strategic Plan also includes an integrated bicycle system plan, a phased plan for implementing Bus Rapid Transit, an energy district plan, and other short, mid and long-term strategies to transform the downtown into a vibrant, pedestrian-oriented regional center. The Plan is action oriented, defining funding opportunities, and includes conceptual and final street designs for numerous projects. The team led numerous public outreach efforts, including a week-long design charrette, smaller one-day charrettes, an interactive project website, a downtown design and development academy made up of local citizens, several downtown events, focus groups, interviews and other stakeholder meetings. The team is also worked closely with local governments, transportation agencies (including CDOT and Roaring Fork Transit Authority), downtown landowners, and potential residential and commercial developers to build consensus, improve multimodal mobility, and achieve the City’s goals for revitalizing downtown. Downtown Planning and Urban Design, Glenwood Springs, Colorado Charlier Associates has served as the transportation planner for numerous projects for the Downtown Glenwood Springs Development Authority (DDA). We have been providing transportation planning services to the city and the DDA since the late 1990s. Recent projects for the DDA have included a Confluence Area Redevelopment Master Plan for the triangular area at the confluence of the Roaring Fork and Colorado Rivers, which was led by the Sonoran Institute and which prompted a major revision of the City’s plans for a new river crossing on the 8th Street alignment in downtown. CAI also helped the City and DDA negotiate with Colorado DOT on a corridor management plan for Grand Avenue and on design details of the $100 million replacement of the Colorado River Bridge that resulted in significant changes to both the corridor management plan and the bridge design. Charlier Associates also prepared a technical White Paper on access options for a new pedestrian bridge that will cross the Colorado River parallel to the new highway bridge, supporting pedestrian connections between the north part of downtown (hot springs, hot springs pool, Hotel Colorado, etc.) and the main part of downtown south of the river. Our recommendations TOWN OF ESTES PARK DOWNTOWN PLAN 27 resulted in the decision by the DDA and the City to pursue a two-elevator solution that will significantly enhance the functionality and appeal of the emerging “restaurant row” hot spot along 7th Street in downtown. Integrated Transportation Plan, Jackson/Teton County, Wyoming Charlier Associates has led a team (that included Logan Simpson) on the development of a new transportation element of the Jackson/Teton County comprehensive plan. This is an update of the first regional transportation plan developed by CAI fifteen years ago. CAI has provided services to Jackson and Teton County for nearly two decades, completing numerous projects and plans for the Town and County and for Grand Teton National Park. The new ITP is unique in its approach to integrating several complex, yet overlapping systems –land use, multiple travel modes, and several jurisdictions (Town, County, State DOT, Federal Lands). CAI utilized a metrics-based approach to define and organize competing priorities within the framework of the County’s recently completed Comprehensive Plan. The Plan includes a detailed trends and forecast analysis of several locally important transportation indicators. CAI also developed a person miles traveled (PMT) and vehicle miles traveled (VMT) model based on existing (and forecast) land use. The metrics-heavy approach simplifies large- scale project decision making and provides a transparent framework to monitor performance overtime. The ITP includes an Action Plan with a prioritized list of projects, programs, and actions organized into a 3-year, a 10-year, and a long-term elements. Notable program components include a strategic transit development plan and transportation demand management program. Stakeholder and public involvement was a prominent aspect of the planning process. The project is being overseen by a technical advisory committee made up of representatives of several local and regional agencies. For this project CAI also conducted individual stakeholder interviews, regularly updated the project website*, and managed two well-attended public workshops. With Logan Simpson’s support, CAI utilized an open-house format at the workshops and provided a rich array of information and several engaging exercises. One of the more popular exercises was a photo voice project prior to the first workshop. Residents took photos of transportation related issues around their community they felt were important and submitted them via an online survey. The results were both powerful and informative. ANDERSON CONSULTING ENGINEERS Poudre River Downtown Project, Fort Collins, Colorado Anderson Consulting Engineers, as lead consultant, assisted the City of Fort Collins in developing a master plan for a 3-mile reach of the Cache la Poudre River in the downtown corridor (Shields Street to Mulberry Street) to improve in-river and bankside recreation, habitat connectivity, restoration and rehabilitation, flood mitigation and floodplain management, channel bank protection, water quality, public safety and access, and transportation. The master plan provides a long term vision and identifies improvements that will take many years to complete. Fall River and Fish Creek Restoration Master Plans, Estes Park, Colorado Anderson Consulting Engineers was a subcontractor for the Fall River Restoration Master Plan and the Fish Creek Restoration Master Plan. Our efforts included geomorphic assessments of the river corridor, floodplain modeling and mapping, and identification and evaluation of stream restoration improvements to provide a more flood resilient river corridor. ACE also participated in several meetings and open houses associated with the public involvement efforts during the completion of these projects. Master Drainage Plan, Windsor, Colorado ACE was contracted by the Town of Windsor to develop Master Drainage Plans for the ten drainage basins crossing the Town’s Growth Management Boundaries. The basins covered 119 square miles and eight local jurisdictions. The planning document identified long-term capital improvements and rehabilitation measures for the existing drainage system; is a tool for implementation of future improvements associated with new development within the basin boundaries; and provided a basis for prioritizing and scheduling required improvements, as well as flexibility to implement improvements that afford flood protection while being cost effective. It also identified uniform criteria for the planning and design of major drainageway facilities and on-site detention requirements; addressed stormwater management policy issues; and provided a recommendation related to a management, financing, and funding mechanisms. 28 LOGAN SIMPSON SUBMITTAL Project Name/Location Downtown Master PlanPublic Process and EngagementVisioningMarket/Economic Feasibility AnalysisMarket Trends AnalysisCompetitive Set AnalysisBranding/Brand AwarenessLand Use PlanningInfrastructure PlanningUrban DesignLandscape Architecture + Trail DesignTransportation PlanningHazard MitigationRiver EngineeringGIS MappingResiliency PlanningReport Preparation and PresentationLogan Simpson McCall Downtown Master Plan Update, McCall, ID •••••••••• Jackson / Teton County Comprehensive Plan, Character District Plans, Land development regulations update, and Integrated Workforce Housing Action Plan; Town of Jackson and Teton County, WY ••••••• Fruita Downtown Streetscape and Civic Center Master Plan, Fruita, CO •••••• Elko Downtown Plan, Elko, NV •••••••• Downtown Massing Study, Alta, UT ••••••••• Comprehensive Plan and Streetscape Enhancements, Johnstown, CO •••••••••• Big Thompson Recreation and Conservation Plan, Larimer County, CO •••••••• Westside Creeks Restoration and Redevelopment Plan, San Antonio, TX •••••••••• Fort Collins Redevelopment Code (Refill), Fort Collins, CO ••••••• Gypsum - Eagle River Area Plan, Gypsum, CO •••••••• TOWN OF ESTES PARK DOWNTOWN PLAN 29 Project Name/Location Downtown Master PlanPublic Process and EngagementVisioningMarket/Economic Feasibility AnalysisMarket Trends AnalysisCompetitive Set AnalysisBranding/Brand AwarenessLand Use PlanningInfrastructure PlanningUrban DesignLandscape Architecture + Trail DesignTransportation PlanningHazard MitigationRiver EngineeringGIS MappingResiliency PlanningReport Preparation and PresentationBAS1S Visitors Center, East Elkhorn Shops, Ed’s Cantina, Riverspointe Downtown - Estes Park, CO •••••• The Harmony Foundation Master Plan, Estes Park, CO •••• YMCA of the Rockies, Camp Chief Ouray Master Plan (Architectural Consultant), Granby, CO •• Ravencrest Chalet Campus Master Plan •••• Good Samaritan Village, Estes Park, CO •••• Leland Consulting Group Downtown Improvement Plan, Tigard, OR •••••••••••• Central Area/Downtown Plan, Bend, OR •••••••••••• Northeast Gateway Plan, McMinnville, OR •••••••••••• Professional Business and Medical District Master Plan, Redmond, OR ••••••••••• Downtown Plan, Newberg, OR •••••••••••• Downtown Plan, Turner, OR •••••••••••• 30 LOGAN SIMPSON SUBMITTAL Project Name/Location Downtown Master PlanPublic Process and EngagementVisioningMarket/Economic Feasibility AnalysisMarket Trends AnalysisCompetitive Set AnalysisBranding/Brand AwarenessLand Use PlanningInfrastructure PlanningUrban DesignLandscape Architecture + Trail DesignTransportation PlanningHazard MitigationRiver EngineeringGIS MappingResiliency PlanningReport Preparation and PresentationDowntown Strategic Action Plan, Salem, OR •••••••••• Downtown Strategic Plan Workshop, Brighton, CO ••••• Main Avenue Master Plan, Twin Falls, ID •••••••••••• Charlier Associates, Inc. Downtown Transit Oriented Development Strategic Plan, Rifle, CO ••••••••• Downtown Redevelopment and Urban Design, Glenwood Springs, CO •••••• Downtown Access, Parking and Circulation Plan, Jackson, WY ••••• Downtown Plan, Scottsdale, AZ •••••••• West Temple Gateway Redevelopment Guide, Salt Lake City, UT ••••• Downtown Traffic Circulation Plan, Redmond, WA ••••• City Center Master Plan, Joliet, IL •••• Winslow Tomorrow, Downtown Bainbridge Island, WA ••••••• Downtown Pedestrian Environment Guidelines, Kailua, HI ••••••• TOWN OF ESTES PARK DOWNTOWN PLAN 31 Project Name/Location Downtown Master PlanPublic Process and EngagementVisioningMarket/Economic Feasibility AnalysisMarket Trends AnalysisCompetitive Set AnalysisBranding/Brand AwarenessLand Use PlanningInfrastructure PlanningUrban DesignLandscape Architecture + Trail DesignTransportation PlanningHazard MitigationRiver EngineeringGIS MappingResiliency PlanningReport Preparation and PresentationDowntown Access, Parking and Circulation Plan, Greeley, CO ••••• I-70B Corridor Technical Assistance, Downtown Grand Junction, CO ••••• Commercial Area Access and Circulation, Avon, CO ••••••• Commercial Area Access and Circulation, Girdwood, AK ••••• Downtown Pedestrian Enhancement Plan, Aspen, CO •••• Anderson Consulting Engineers Poudre River Downtown Master Plan, Fort Collins, CO •• ••••••• Fall River Stream Restoration Master Plan, Estes Park, CO •••••• Fish Creek Stream Restoration Master Plan, Estes Park, CO • ••••• Greeley Storm Drainage Master Plan Update, Greeley, CO •••••• Windsor Storm Drainage Master Plan, Windsor, CO •• • ••• 32 LOGAN SIMPSON SUBMITTAL D. STATEMENT OF FAMILIARITY OF LOCATION AND PROJECT APPROACH STATEMENT OF FAMILIARITY Downtown Estes Park is a vibrant environment with several fluctuating systems at play. There is a year round population of 6,086 with a steadily growing retirement population - 42% of the community is 60+ while only 8% of the population is school-aged children. While it is appreciated year round, visitors flood Estes Park in summer and fall to enjoy the mountain community and its access to Rocky Mountain National Park. Rocky Mountain visitation is on the rise with nearly 3.5 million visitors in 2014, an increase of almost 1/2 million visitors from 2013. With seasonal fluxes in economy, transportation, ecology, hydrology, and population, it is important to understand not only how each system functions and changes, but also the relationship between systems. Our team has worked in and around Estes Park for the last 30 years on projects including one of the Town’s first Downtown Plans, restoration and recreation/conservation planning along the Big Thompson River, new housing developments on the River, transportation plans for Rocky Mountain National Park, and the new Fall River Trail. A clear understanding of these systems — Human, Water, Infrastructure, Economics, and Ecology — forms the basis of our approach: Human: While quantitative factors such as local demographics and traffic volumes are important variables in predicting economic success for any Downtown, the intangibles can make the difference for a family in choosing a travel destination. “Squishy” concepts like walkability, historic importance , friendliness, authenticity, charm and (especially in the Rockies) seamless integration with nature, all come in to play. Such things are difficult to measure, but can be better understood, improved and, most importantly, planned for. Downtowns in strong communities all have well designed streets and social spaces, places to experience visual and performance arts, and a built environment that respects and reflects the materials, history, and climate in which they are located. The basic structure of Downtown relative to destinations and attractions is well formed. Estes Park has some wonderful public spaces, including the parks, trails, and plazas system along Fall River and the Big Thompson River, and the Performance Park at the west end of Downtown. Elkhorn Avenue, lined with both historic and recent buildings of one to two-stories, has been upgraded to be much more pedestrian-friendly than it was in decades past. Improvements to Bond Park and the surrounding parking areas have resulted in a space that is well-used and well-loved. The library is right on Main Street, near Bond Park, and a beautiful visitor center that was developed in partnership between the town, business community, and Rocky Mountain National Park creates an anchor at the east edge of Downtown. Hopefully, in the near future, the Fall River Trail will be completed, and extend from Downtown all the way to the Rocky Mountain National Park entrance and visitor center, and other town-wide bicycle and pedestrian trail connections will be complete as well. Many residents prefer to ride their bikes to Downtown during summer and providing convenient and attractive facilities for bicyclists will be increasingly important. TOWN OF ESTES PARK DOWNTOWN PLAN 33 The nearly 30 acres of Downtown parks and plazas include the Knoll, Bond, Riverwalk, Performance, Tregent Park, Riverwalk West, Riverfront Plaza, Children’s, and Riverwalk East, which will serve as the basis of our urban spaces. Art and culture also plays a key role in Downtown with the Cultural Arts Council (West Park Center), numerous Downtown galleries, Bond Park events, Estes Valley Library, a central Town Hall, performance park, renovation of the theatre, and a possible future performing arts center. We also very aware of preserving the character of this culturally significant Downtown including Knoll Ruins, Park Theater, Old Church Shops, and the integration of existing businesses with the original structures (for example, MacDonald Bookstore). With new buildings, the Downtown zoning code does not specify lot coverage, and there is opportunity for some future infill as long as the FAR is less than 2.0, and buildings do not exceed 30 feet. Water: As a valley community with so many buildings adjacent to the Big Thompson, flooding events are concentrated Downtown. Although there is a natural fluctuation in hydraulic flows due to snowmelt that peaks in June, flooding does occur throughout the year. It is important to recognize how much of Downtown actually is at risk in a flood event. It is estimated that the September 2013 flood event was only a 50-year flood; approximately 9% of the Downtown study area is within the 100-year floodplain and 18% is within the 500-year floodplain. An estimated 32 buildings of the 235 in Downtown are within the 100-year floodplain. As the floodplain is re-drawn, efforts should be made to remove buildings from the floodplain to reduce risk of damage and decrease flood insurance premiums. The September 2013 flood affected Estes Park’s infrastructure as well, including sewer and water lines, roads, and buildings; and economic systems were impacted by damaged and/or closed business and reduced access. Recovery funding efforts are complicated by regulations mandating that downstream projects must be completed before upstream projects, further affecting the economic stability of Downtown. Current projects include hydrology studies to determine expected flows, the Moraine Avenue Bridge replacement and specific river resiliency master plans. 34 LOGAN SIMPSON SUBMITTAL Infrastructure: The access and circulation challenges and opportunities in mountain resort community Downtowns are absolutely unique: unlike Downtowns of other cities and unlike other areas of resort regions. Peak visitor presence and its physical manifestations – crowded sidewalks, full parking lots, heavy traffic, jammed buses – are highly seasonal. There are currently about 554,000 square feet of parking for the 170 plus businesses in the Downtown study area which does not facilitate the demand in the summer, and is more than enough in the winter. Resort communities must address the inherent dilemma of building infrastructure and providing services for peak season, recognizing that much of this capacity will not be needed throughout the rest of the year. To alleviate some of these traffic issues, the Town is looking into grant funding for transportation alternatives and infrastructure improvements. These alternatives are controversial and have the potential to change many of the Downtown systems. At the same time, resort community downtowns represent the beating heart of their regions. Their Downtowns shape community identity: in the eyes of visitors, you are your Downtown. Community character and authenticity are of crucial importance in competing on the national and international level for visitorship. The inherent transportation predicament is that heavy traffic is both an indicator of success and a threat to the quality of the visitor experience. In our work for similar snow country Downtowns – Park City, Aspen, Jackson, Breckenridge, Glenwood Springs, Flagstaff, Santa Fe, and Girdwood, among others – Charlier Associates has developed an approach that treats access and circulation not as ends in themselves, but as means of achieving the community’s broader objectives and realizing its local vision. We have a deep database of metrics from throughout the western states and an understanding of the key place values that make resort communities successful – walkability, convenience, adaptability and availability of a range of travel choices. TOWN OF ESTES PARK DOWNTOWN PLAN 35 Economics: There are roughly 170 businesses or employment centers in the Downtown area with approximately 1,200 employees. While Downtown businesses primarily cater to the tourism industry, Downtown does draw businesses that cater to the Estes Park resident population only, such as dentists and accountants. Because the winter economy is so much slower than the summer, tourism based businesses have to anticipate the winter reduction in earnings. Because of the extreme ecological conditions such as flooding or fires, businesses have to be prepared for the possibility of reduced summer visitation as well. This can create a volatile climate for new businesses or entrepreneurs. There is a newly developed Downtown Business Partners group that is heavily involved in the economic vitality in the Downtown area. From a practical point of view, great Downtowns can be a major economic asset, particularly in small cities where tourism plays a key role in the economy. In cities like Estes Park, a good Downtown plan should help decision makers to maximize the economic value of Downtown, by capturing “transient” tourism and retail spending dollars, supporting festivals, and attracting private investment. However, a great Downtown plan can do much more than that. Nationwide, many Downtowns are experiencing a renaissance, with new retail, office, housing, and other uses being built Downtown for both visitors and permanent residents. Many places are thriving by pursuing integrated live-work-play environments. Leland Consulting Group will evaluate opportunities for such uses, as well as the nuts-and-bolts strategies that can make new urban development happen. A final key to economic success is authenticity and distinctiveness. While our team will apply lessons learned from national trends, Downtown Estes Park will find the greatest success by celebrating its own authentic traditions, architecture, businesses, and lifestyle. Such an authentic expression of the Town’s values will ring true for current residents, while also offering something compelling and different for visitors, businesses, and new residents who are considering Estes Park. Ecology: Undetected by tourists are the natural hazards that have shaped Downtown’s past and present, and which serve as a planning paradigm for the future. The narrow valley corridors are rated by Larimer County as a severe geological hazard. Vehicular-animal conflicts are all too common as migrating mule deer and elk navigate urban streetscapes to find water, forage, and shelter. And three times in nearly as many decades, floodwaters have turned streets into muddy rivers. The hillsides above Downtown are at high risk of wildfire throughout a 9-month fire season elongated by climate change. Under a summer sun, wildfires can quickly become urban firestorms as demonstrated in 2012 when 22 homes were destroyed in the inferno’s first hour. In essence, Downtown’s future hangs in the precarious balance between tourism infrastructure and the dynamic montane environment that attracts visitors. 36 LOGAN SIMPSON SUBMITTAL APPROACH AN APPROACH BASED ON OUR NATURAL AND PHYSICAL SYSTEMS AND HOW THEY INTERSECT There are many Downtown plans that follow a process based on the intersection of natural and physical systems. Downtown Estes Park is unique, however, in that it is varied in its types of intersections: • nature meets pavement • park meets town • mountains meet valley • water meets land • pedestrians/bicycles meet vehicle • human meets wildlife This variety necessitates a multidisciplinary lead firm with a group of expert subconsultants and an integrated approach. Our approach is based on more than 30 years of experience, upwards of 100 multidisciplinary projects, and more than 30 awards in Downtown, subarea, and comprehensive planning work along the Front Range and across the country. Located in Fort Collins, our staff assigned to this project has been working in and around Estes on planning, restoration, and design projects for decades. As project manager, Bruce’s focus as a planner is on places, spaces, and the great things that happen when they intersect. As a firm, we thrive on the ability to find creative, community-based solutions that recognize the interrelationship between human, economic, ecological, hydrologic, and infrastructure systems that create Estes Park’s Downtown setting. We know that the way a resident or visitor experiences Estes is based on these interrelationships, and have organized our approach and scope of work around the intersections of these five systems. Each system addresses all tasks outlined in the RFP while highlighting the plan’s purpose. A clear understanding of these systems, explained previously in our Statement of Familiarity of Location, forms the basis of our approach. Connections Resiliency Productive Experiences Naturalistic/ vernacular TOWN OF ESTES PARK DOWNTOWN PLAN 37 The vision for Downtown will build on the update to the comprehensive plan and other existing studies while providing an opportunity for a cohesive evaluation of distinct projects to date and a strategy for uniting and linking them under one vision. In most cases, this will result in no change for projects such as the ongoing bridge and channel improvements. In other cases such as transportation, we will seek to revisit and possibly refine decisions with our leaders and business community. There will also be new opportunities to explore, such as perpendicular stream channels to disperse floodwaters, new parallel neighborhood streets, and catalyst projects to activate underutilized areas. The Estes Park Downtown Plan will create new partnerships between Estes Park’s public and private sectors. This community- based approach will build upon existing studies, but also review them with a fresh look. This is important in order to gain the trust of the community. As you will see, we are not taking a solely an economic approach, but instead a community driven and multidisciplinary approach given the existing climate. The result will be a vision for Downtown and an implementation plan based on key strategies, phases, and financing. SCOPE OF WORK PHASE I. A COMMUNITY-DEVELOPED PROCESS The following work plan provides additional detail on project execution based on discussions with staff and review of the RFP. The work plan highlights key consultant and staff assignments. Conduct Staff Kickoff + Meeting Working with Estes Park staff, we will refine the work plan, firm up the project schedule, discuss data needs, outline communication tools, and prepare to launch the website and social media campaigns. We will outline a project management structure, which will include staff and consultant responsibilities and communication protocol. At the kickoff meeting, we will review preliminary draft agendas, desired outcomes, identify a Technical Advisory (TAC) and Task Force (TF), and establish target dates for all events and TAC/TF meetings. The Town will be responsible for identification and notification of committee members as well as all meeting logistics. TAC/TF Kickoff Meeting #1 The TAC/TF will be put to action. These makers and doers will be selected by the Town and project team, chosen for their community networks and an inherent credibility with Estes Park residents and businesses. We will spend time with these groups to create a common understanding and educate each other. The format of each meeting will begin with an educational session, followed by an exercise, and ending with an outreach assignment. Meetings will occur every one (1) to two (2) months in order to give adequate time to perform assignments, and we will ask members to attend all public events. Following each meeting, members will be asked to engage at least five other community members with the same activity they just completed. As the word gets out, we know our connections through social media and the project website will increase. The philosophy is to put our TAC/TF to bolster and enhance our engagement effort. Public Outreach Plan The team will create a public outreach plan. Three categories of outreach tools will be implemented for the Downtown Plan: high-tech, high touch, and committees. Committee meetings will include elected officials presentations and worksessions, TAC/TF meetings, stakeholder groups (business groups, neighborhoods etc.), and boards and commissions summits. It is anticipated that this plan will be discussed and refined with the community, TAC, and TF. The public outreach plan will outline all meeting series and public events, outline responsibilities for event logistics and notification, and generally identify locations, venues, and format. At each phase, subsequent to the community events, a virtual meeting with interactive questions will mirror questions asked at these events. Associated Facebook pages, Twitter accounts, and Instagram postings will be used to continuously drive people to the website to achieve consistent messaging and build a following. An online mapping platform will allow neighbors to comment about their area. The website will include other capabilities, such the ability to comment through photography (PhotoVoice). During later phases, flyers will be placed throughout Downtown that includes a QR code for the project website. Our public comment tracking system will allow us to identify who has been involved, where they are 38 LOGAN SIMPSON SUBMITTAL from, and by what method they prefer to be engaged. We will use this system to identify stakeholder groups that may be underrepresented in the process, and to outreach to those groups for additional participation. The Town will be in charge of meeting logistics, food and beverages, and notifications based on source content provided by Logan Simpson. It is anticipated that the Town will be in charge of mailing project updates as part of utility billings, hardcopy newsletters, weekly newspaper highlights, press releases, modifications to existing informational kiosks, as well as the maintenance of social media accounts based on materials provided by the consultant. The Town may also choose to provide translation if deemed necessary. Logan Simpson will provide the website and virtual meeting/survey development and reports. Branding + Messaging Our in-house graphic specialists will work with the Town’s public relations and information staff to capture the look and feel of the project. The brand will build off the Town’s current image or other inspiration but have unique look. Staff will be responsible for the final direction for the brand. In addition to logos, online messaging, printed materials, banner flags and other materials, key messages will be defined and reinforced throughout the project. Community Event Series #1: “Downtown Coffee Walks + Talks” These early Downtown Coffee Walks + Talks should include elected officials, board members, residents, visitors, business owners, and the TAC/TF. We will ask these key stakeholders and stakeholder groups in the community to give input on how they would like to be involved and to share their initial feelings about Downtown. It has become increasingly important to residents and business owners to preserve the Town’s distinctive character. As part of this effort, our team will strive to protect and celebrate Downtown’s historic significance. Listening to the ideas and concerns of individual voices from the community will better inform the process and contribute to a community-supported Downtown vision. These conversations will be open to everyone who is willing to talk - our team is willing to listen. When the community of Estes Park and its leadership have ownership in the design of the Downtown Plan process, they also have ownership in the outcome. We will bring these groups together throughout the process to create a cohesive Downtown Plan. It is through this initial process that we develop our leaders, our spokespersons, our friends, and our committees. We are looking for committee members that come from all walks of life - from the young school teacher to senior volunteers. We will use the Downtown Coffee Walks + Talks to find motivated people who care about change but are not actively engaged in public service. It will be these new community and neighborhood representatives that will be our community advocates – our co-creators. TOWN OF ESTES PARK DOWNTOWN PLAN 39 Estes Park Downtown Plan: Co-Creators These folks are often creative and social entrepreneurs whose contributions make Estes Park a special place, and we believe that they can play a critical role in the Downtown Plan. We want to tap into this existing strength and see if we can shape and add to what is already in the water. Included in the group of co-creators will be representatives from underrepresented groups that may not always provide comment. They will help craft our public involvement approach by refining the outreach methods that are comfortable to these underrepresented groups. This outreach will include students, seniors, part-time residents, and minority populations. We will also create outreach advocates for each group. Participation increases when the invitation and information comes from someone they are familiar with and trust, and in a familiar format. Phase I Meetings: • Agenda, materials, facilitation, and summary for the Staff Kickoff Meeting #1 • Agenda, materials, facilitation, and summary for the TAC/TF Kickoff Meeting #1 • Agenda, materials, facilitation, and summary for Community Event Series #1 “Downtown Coffee Walks + Talks” (2 days of interviews, community walks/tours, including meeting with Council) • Virtual Meeting #1 (online questionnaire) materials and upload Phase I Deliverables: • Website content (community and neighborhood questionnaires, PhotoVoice initiation, and online mapping capabilities) • Social media launch • PR materials and graphics (logo, header and footer) • Comment tracking database • Four-page Public Outreach Plan/ (sharable on the web or hardcopy) • Project newsletter, email newsletter, and newspaper article narrative and graphics • Town-wide online questionnaire results • Banners on light poles (design and digital files for printing) 40 LOGAN SIMPSON SUBMITTAL We will ask things like: • Describe a perfect date night in Estes Park • How do we make the Town more fun? • How do we make the Town more beautiful? • Describe a perfect day for a teenager, empty nester, tourist, etc. in Estes Park A series of small civic projects may emerge from the event that the Town could sponsor. The Town will video this event and edit for inclusion on the website. Phase II Meetings: • Agendas, materials, facilitation, and summaries for TAC/TF Meeting #2, and Boards and Council Meetings #2 • Agenda, materials, facilitation, and summary for Community Event Series #2 “Celebrate Estes Park” • Virtual Meeting #2 (online questionnaire) materials and upload • Agenda, materials, facilitation, and summary for Elected Officials’ Work Session # 1 and Boards and Commissions Meeting #1 Phase II Deliverables: • Event Series #2 Storyboard • Town-wide electronic survey results • Key engagement project list • Values and key opportunities • Phase II project update (1 page, for distribution through project newsletter, email newsletter, and newspaper article) • Event Series #2 video (Town) PHASE II. CELEBRATE DOWNTOWN ESTES PARK Community Event Series #2: “Celebrate Downtown Estes Park” With the Celebrate Downtown Estes Park event, we will applaud the beginning of the process through the website, continual outreach, branding materials, key speeches, and launch of social media activities and the second online questionnaire. The meeting series will be a two-day event including the TAC/TF Meeting #2, an elected officials meeting, boards and commissions meetings, and one or two main community meetings which will be focused on what is the community loves about Estes Park. Our leaders, committee members, co-creators, and team will be the Town’s hosts, greeters, and servers. The main event will begin with the introduction of the community’s process, objectives, and will outline the engagement opportunities. The event will include the importance of civic engagement, how we can all make a difference, the small things we could do, and the values upon which we will build. The goal of this activity is get the community engaged, thinking, and ready to participate on tangible projects based on their love for their community. Based on the outcomes, we will build off these discussions by asking other questions in different ways at our events to try to get to the “emotional truth” of these experiences and the relationship to Downtown. For example, most residents will ask other citizens what they would like to see/have in their Town. TOWN OF ESTES PARK DOWNTOWN PLAN 41 PHASE III. WHERE ARE WE NOW? WHERE ARE WE GOING? Snapshots + Trend Analysis Changes in our local and national economics including demographics, transportation, visitor spending, technology, integration and policies in Rocky Mountain National Park make this an important time to enhance Downtown’s vision. We will translate the Town’s data on health, mobility, economics, housing, demographics, sustainability, and other factors into easy to digest “snapshots”. Using the best available data, our team will research and synthesize information for each of the recommended systems into a series of “existing conditions snapshots” that will provide not only an overview of baseline conditions, but also define how those conditions influence the development of Estes Park. The data will be contextualized in a way that relates directly to what people need to know when they look far into the future. The snapshots will highlight the steadily growing, changing, and diversifying population, as well as the housing stock and ownership (seasonal vs. resident), the local business market, and what this means for the community. The 4-page snapshots will highlight key strengths and weaknesses based on the data, and will include key indicators for each topic that will be used in later phases of the project. These five snapshots take the place of the quickly outdated existing conditions sections typically found in visioning processes; serve as stand-alone documents for the public; and can be inserted directly into the Downtown Plan: Human: Downtowns in strong communities all have well-designed streets and social spaces, places to experience visual and performance arts, and a built environment that respects and reflects the materials, history, climate in which they are located. We will document the characteristics and heights of the building stock, public spaces, streetscapes and key attractions, as well as the climatic influences , such as wind and shade, which influence people’s comfort. The analysis will focus on how these built features are valued, perceived and used by residents, employees and visitors. We will also evaluate new housing trends, especially Downtown Living the Town’s ability to provide new housing choices such as live/work, mixed-use, and small- house living, and we will examine a higher level of intensity in key areas. Architects and urban designers in the U.S. are becoming approaching density in the built environment differently in order to avoid disrupting the delicate balance of human scale. This trend is especially critical in an environment like Downtown Estes Park, where the very topology that lends so much appeal to the place is also the primary constraint on economic expansion. Any new policy or change that promotes Downtown growth must proactively incorporate emerging best practices in design to ensure that key human elements are preserved or, ideally, enhanced. Water: The September 2013 flood was particularly damaging to historic downtowns like Estes Park and Lyons, where options to mitigate flooding are limited. Our team will review recent and ongoing studies such as the Fall River Restoration Master Plan, Moraine Avenue Bridge replacement, and other hydrology studies. We will also participate with the upcoming Upper Big Thompson River Restoration Master Plan team to jointly explore feasible solutions that ameliorate future flood impacts while restoring the river corridor. We have already overlaid floodplain maps against building footprints and 42 LOGAN SIMPSON SUBMITTAL infrastructure, and will incorporate new floodplain maps when they become available during the course of the project. We will evaluate trends in waterfront design that include floodplain management and address flooding hazards. Features such as multi-use detention facilities, using streets to direct floodwaters, and an incorporating river capacity increases into design will be critical to implementing a resilient plan for downtown. Infrastructure: These are challenging times for transportation planning in resort communities. Broad economic and cultural changes are complicating our ability to forecast travel demand and make clear choices. Per capita vehicular travel has been dropping in the US (and in Colorado) since 2000, but this summer we are experiencing a surge in mountain town tourism. This boom in car-based visitorship is occurring in most of the major snow country resort towns of the western states and is the result of lower gas prices and pent-up demand for vacation travel. While it is probably not a long-term trend, it is a significant reality weighing on the minds of elected officials and the public. At the same time the Town faces the question of how much future traffic to plan for, Estes Park also must take account of the fact that the national and international markets for vacation travel and other forms of visitorship are increasingly seeking out pedestrian-oriented “walkable” places with high levels of convenient transit service and the opportunity to bicycle directly from the cottage or hotel room to a variety of regional destinations. For Estes Park, which serves as the gateway to one of the nation’s most popular national parks, this presents a challenging conundrum: how to accommodate the various modes in a highly-constrained physical setting at the bottom of a deep and rugged valley. TOWN OF ESTES PARK DOWNTOWN PLAN 43 In our mountain community work, we have learned that the public no longer sees this issue as choosing between which mode to accommodate. Rather people have come to expect that all of the modes will be available, convenient and enjoyable. This represents a challenge for Estes Park, but there are opportunities to address this challenge in ways that might elevate the town’s status and appeal as a desirable destination – a great place for families to vacation, where they can drive as needed but are not dependent on their car for every activity. Economics: Of the many trends that will affect the local economy, one of the most important is demographic. Over the coming decade, the ranks of the retired will swell significantly, putting even greater demand pressure on Estes Park markets for smaller, low-maintenance housing units – both for second homes and primary year-round dwellings. This will bring the key economic issues already facing Downtown even more into the spotlight: • Wrangling the peak-season traffic snarls that negatively impact quality of place (potentially including the Downtown Loop) • Understanding seasonality drivers and Downtown assets to find opportunities for “smoothing” the peaks (while being respectful of year-rounders’ needs for peaceful recovery and basic services) • Investigating opportunities for Downtown to address at least some needs for workforce housing (knowing that any added density will require extraordinary sensitivity) As the lead demographer for the North Front Range Metropolitan Planning Organization, Logan Simpson is well positioned to hit the ground running on trend analysis. We are already analyzing future 2040 control totals and forecasts for households, visitors, and employment at the parcel for Estes Park. We also have attached physiographic information to help predict not only who will live here, but also their spending habits. The new data will represent post-recession data and the new future economy. A market analysis and key interviews will supplement this information. We can also attach physiographic information to help predict not only who will live here, but also their spending habits; for instance, there is a trend toward ‘locavore’ movements with increasing emphasis on local products/supporting local businesses. The new data will represent post-recession data and the new future economy. A market analysis and key interviews will supplement this information. Ecology: Resiliency planning and climate adaptation offers hopeful tools for Downtown Estes Park. Articulated persuasively in the ULI Report, and even more convincingly by our team in A Bigger Vision for the Big T: A Conservation and Recreation Assessment. This planning in harmony with natural systems is not a new paradigm for our team but integral to decades of award-winning work in Estes Park, evidenced by our leadership on the County’s Open Lands Master Plan and its precursors, Our Lands Our Future: Recreation and Conservation Choices for Northern Colorado and Estes Valley Habitat Assessment (that Logan Simpson team members developed while with another firm).  Using these tools, online users in Estes Valley can create their own scenarios for wildlife habitat areas, urban open spaces and trails, and landscape level conservation using the mapping web interface, or review pre-loaded scenarios based on County-wide surveys and Advisory Board input.  We have already mapped the natural hazards, scenic views, exceptional natural features, and wildlife corridors that can serve to  enhance Downtown’s connectivity to parks, trails, and schools. Open space and natural resource opportunities 44 LOGAN SIMPSON SUBMITTAL Community Event Series #3 “Estes Park Keynotes” The meeting series will include a two-day event including TAC/TF Meeting #3, Elected Officials’ Work Session #2, Boards and Commissions Meetings #2, and the main meeting focused on the “Estes Park Keynotes” event, held at the Historic Park Theatre or a similar location. A series of three speakers will provide a great Friday or Saturday speaking event. The goal will be to encourage people to think past their daily lives and discuss how our changing demographics and visitation trends will affect the Downtown Plan. Following these events, business owners and the community will help refine the trends, risks, and opportunities for Estes Park through a second series of questions. These questions, as well as those asked in Phase IV, will be posted on social media, and presented as a virtual meeting on the website and include videos of each talk (provided by the Town). We will examine what makes a great Downtown, including strengths, weaknesses, and opportunities for improvement. In the weeks following the keynote event, we will examine our opportunities and engage in discussions with residents and business owners on what they want to see, both now and for future residents and business owners. The goal of this outreach is to identify additional input for the survey, as well as offer outreach to those who have not participated. Phase III Meetings: • Agenda, materials, facilitation, and summaries for TAC/TF Meeting #3 • Agenda, materials, facilitation and summary for Community Event Series #3 “Estes Park Keynotes” • Virtual Meeting #3 (online questionnaire) materials and upload • Neighborhood Digital Meeting #1 (online questionnaire) materials and distribution • Agenda, materials, facilitation, and summaries for Elected Officials’ Work Session #2 and Boards and Commissions Meeting #2 Phase III Deliverables: • Event Series #3 storyboard • Town-wide online questionnaire results • Five (5) existing conditions snapshots and indicators (four pages each) • Phase III project update (1 page, for distribution through project newsletter, email newsletter, and newspaper article) • Event Series #3 video (Town) PHASE IV. WHERE DO WE WANT TO GO? Community Event Series # 4 “For the Love of Estes Park” The meeting series will include a two-day event including TAC/TF Meeting #4, Elected Officials’ Work Session #3, Boards and Commissions Meeting #3, and Community Event Series #4: “For the Love of Estes Park”. This indoor, seminar- like series will use existing case studies of great Downtowns to showcase both traditional and inspirational attributes inspired by the opportunities identified in Phase III. The goal is not to find areas that are better than Downtown Estes Park, but to discuss what are memorable and charming places and spaces. In previous meetings, the TAC/TF would have selected these locations, and we will work with the TAC/TF to create a series of exercises and questions that get to the root of community values and the emotional truth of key Downtown opportunities. The intent of the “For the Love of Estes Park” series is to gain constructive feedback on transitioning opportunities to real projects. Multiple workshops will be held in different locations over two days. A “community hub” could be established; in Downtown McCall, Idaho, Logan Simpson utilized a vacant storefront to present materials, which was open to the public throughout the week. Through a structured program of activities, participants will be presented those memorable places that the TAC/TF has identified, as well as areas of Estes Park. Using our in-house electronic polling software, attendees will then be asked to identify what places are memorable and the feelings they evoke. Attendees will be able to choose not only their own memorable places, but also the elements within these communities that contribute to that place. With this exercise, the outcome is not predestined as in visual preference surveys, as groups can choose any place they like and any elements or experiences they feel are appropriate. This interactive session, similar to the “choose your own adventure” books, will be integrated into the virtual meeting so residents/owners can participate online. Asked in this way, we will learn what makes a good quality of life; touch on what each neighborhood of Estes Park should look like; determine how the Town functions as part of the economic region; question which goals should be added or changed; identify the actions necessary to promote healthy community design; and learn what factors would improve Estes Park. TOWN OF ESTES PARK DOWNTOWN PLAN 45 Human: There are many opportunities to enhance the built environment and provide for exciting interactions between people, shops, services, and nature.  A more extensive riverfront park and trail system could be created along the Big Thompson River with redevelopment. The relationship between Performance Park and its surrounding development could be improved, as well as its visibility and connection with Elkhorn Avenue. Opportunities for social spaces, comfortable pedestrian walks, infill development, and enhanced streetscape character could be defined on connecting streets such as Wonderview Avenue, Riverside Drive, Cleave Street, and Big Horn Drive. Consideration could be given to the addition of context-sensitive stories to Downtown buildings to accommodate living quarters and create a larger resident population in Downtown. More pronounced gateway intersections would create a more memorable downtown experience, improvements could be made at intersections and mid-block crossings on Elkhorn and Moraine Avenues to give pedestrians a higher level of priority, and parking areas could be more directly connected via new paths to where the action happens. A series of alternative choices will be developed through a base vision illustrative graphic and story, a narrative, bulleted list of elements, photos, and computer/hand-drawn illustrations. The goal of the story is to describe how a resident or visitor would experience the future Estes Park. The choices that will be evaluated are highlighted below. Improved wayfinding and pedestrian infrastructure. Improved pedestrian connections from residential areas into downtown. Pedestrian improvements in alleyways. Enhance streetscape continuity. Enhance trail connections. Riverwalk and Fall River Bike Trail to continue under road crossings when replaced. Midblock pedestrian crossing. Midblock pedestrian crossing. Redevelop underutilized pavilion and park space. Improved pedestrian connections from residential areas into downtown.Fall River Trail to Rocky Mountain National Park. Gateway improvements at bridge. Gateway improvements. Gateway improvements. Improved wayfinding and pedestrian infrastructure. Human 46 LOGAN SIMPSON SUBMITTAL Water: Opportunities to manage water resources in Downtown Estes Park center on enlarging bridge and culvert crossings; creating detention facilities; enhancing capacity at river crossings; and increasing channel capacity to address flooding hazards, optimize floodplain management, and enhance waterfront design. There may be opportunity to increase channel flood capacity along the Big Thompson River to mitigate the effects of flood plain encroachment, as well as increase the channel capacity along Fall River. Flooding has occurred along Elkhorn Avenue due to limited flood capacity. We will evaluate using streets to return floodwaters to the river, as well as managing Rockwell Street between Moraine Avenue and the Big Thompson River as a high flow channel. Enhancing the capacity to carry flood volumes at river crossings such as the Riverside Drive bridge over the Big Thompson River would also be evaluated as an opportunity. Additionally, bridge and culvert crossings along Fall River at Moraine Avenue could be enlarged, and multi-use detention facilities could be created along Rockwell Street between Moraine Avenue and the Big Thompson River. Infrastructure: The timing of this Downtown planning effort in Estes Park comes at an interesting time for transportation planning. While traffic and Downtown access have been controversial topics in Estes Park for many years, the current plan for a one-way traffic “loop” and its potential impacts on Downtown are front and center on the town stage. This means we must find a way to address specific, urgent topics – pedestrian convenience and safety, parking demand and management, bicycle routing, wayfinding for visitors – while the loop project continues to attract attention and debate. We believe this can be achieved by addressing the issues and opportunities in an impartial, data-driven way. The underlying principles of good access and circulation are the same regardless of traffic routing, but the specific options for implementing those principles may vary depending on the ultimate outcome of the loop debate. As a starting point, we propose to accept that the current plan is what it is, but at the same time remain nimble in framing the remaining access and circulation choices. There may be opportunities associated with the loop concept and associated redesign of streets that could mitigate some of the current modal issues – improved pedestrian crossings of Elkhorn and Moraine, possible bicycle routes into and through the core area, and so forth – and we should identify what those are. Similarly, the location of, or access to, a possible future consolidated parking structure(s) in Downtown could be affected by traffic routing, but the underlying parking demand, supply and management data and concepts can be presented and discussed in a manner that is not tied to a specific traffic solution, setting the stage for specific locational and feasibility choices once the loop debate is past. TOWN OF ESTES PARK DOWNTOWN PLAN 47 Increase channel capacity along Fall River. Flooding along Elkhorn Ave due to limited flood capacity. Evaluate using streets to return flood waters to river. Enlarge bridge and culvert crossings along Fall River. Manage Rockwell St as high flow channel. Increase Big Thompson River channel flood capacity to mitigate the effects of flood plain encroachment. Enhance capacity to carry flood volumes at river crossings. Create multi-use detention facilities. Potential bicycle route along Black Canyon Creek. Potential to add stories for housing on north side of street. Potential for additional workforce housing along Cleave St. Possible redevelopment of underutilized parking lot into higher density usage against cliff. Improve Riverwalk and streetscape on back side of W Elkhorn Ave shops. Large gaps in streetscape continuity along Moraine Ave. Possible extension of downtown to Piccadilly Square from post office parking lot via expansion of Riverwalk. Housing or retail/commercial development along west bank of Big Thompson River. Future neighborhood plan north of downtown based on downtown vision. Infill development of surface parking lots to increase retail/commercial density of downtown. Street enhancement to formalize R.O.W. Water Infrastructure 48 LOGAN SIMPSON SUBMITTAL Plantings to maintain or increase species diversity in riparian corridor. Manage runoff of developed areas to improve water quality. Channel reconfiguration to promote healthy aquatic habitats. Improve wildlife corridor crossings in tandem with flood and bridge improvements. Mitigate wildlife risk on slopes adjacent to downtown. Improve wildlife crossings. Interpretive signage along pedestrian corridors to highlight ecological processes. Refocus businesses to utilize river edge. Capitalize on Park Theater redevelopment and expand outdoor space. Higher Density workforce housing against hillside. Bicycle routes and facilities through core business district and connecting to lodging district to south and west of downtown.Redevelop building into mixed use. Retail on 1st floor, city offices on 2nd/3rd floor. Economics Ecology TOWN OF ESTES PARK DOWNTOWN PLAN 49 We will evaluate our choices, from a creative street, arts district, mixed use area, new perpendicular greenways, connections to the river, transit connections, gardens, new employment and housing options, and parking decks. We will begin to write the final story about the future by focusing on what we have learned, our favorite Downtown memories, and what we already love about Downtown Estes. Phase IV Meetings: • Agenda, materials, facilitation, and summary for TAC/TF Meeting #4 • Agenda, materials, facilitation, and summary for Community Event Series #4 “For the Love of Estes Park” (2-day event) • Virtual Meeting #4 (online questionnaire) materials + upload • Neighborhood Digital Meeting #2 • Agenda, materials, facilitation, and summary for Elected Officials’ Work Session #3 and Boards and Commissions Meeting #3 Phase IV Deliverables: • Event Series #4 storyboard • Town-wide online questionnaire results • Neighborhood survey results • Draft vision and choices • Phase IV project update (1 page, for distribution through project newsletter, email newsletter, and newspaper article) • Event Series #4 video (Town) Economics: Given the importance of yet-to-be completed public outreach and market research, it is difficult to presume any specific opportunities for economic growth. There are however, some general topics and ideas likely to be evaluated as the project gets under way. These include: • Leveraging a Downtown Loop (should it be approved by voters) to encourage new land uses that best complement existing businesses and create new opportunities to expand Downtown along perpendicular routes. • Exploring feasibility for adding appropriately scaled, modest workforce housing • Exploring feasibility for adding small-scale lodging Downtown • Looking for gaps and opportunities in retail/dining offerings Ecology: Building on the resiliency paradigm and a number of existing studies - from last decade’s Estes Valley Habitat Assessment to the ongoing river restoration master plans - some ideas to be evaluated include: • Fuels reduction and building design to reduce risk of wildlfire • Exploring wildlife corridors and street and bridge design to reduce wildlife- vehicular conflicts. • Bringing more native tree species and native plantings into urban plazas and streetscapes • Completing Downtowns’ trail corridors and associated amenities, including “blue trails” in tandem with the EVRPD Comprehensive Trails Master Plan. • Accelerating design and implementation of river restoration and channel reconfiguration to maximize riparian and aquatic habitat functions 50 LOGAN SIMPSON SUBMITTAL PHASE V. HOW DO WE GET TO OUR DESTINATION? Community Event Series #5 “Taking it to Estes Park” The meeting series will include a two-day event including TAC/TF Meeting #5, Elected Officials’ Work Session #4, Boards and Commissions Meeting #4, and Community Event #5 “Taking it to Estes Park”. The main “Taking it to Estes Park” event will include a graphic presentation of the plan (through narrative, values, and physical representation), final choices, and strategies for the future. At the main event, participants will have the opportunity to provide their final choices through a series of exhibits soliciting an expression of preference, relative importance, or priority actions. An online questionnaire will also be used to refine any choices and prioritize strategies, actions, and financing mechanisms. The plan will also serve as a blueprint for future development and infrastructure improvements Downtown. The event will include interactive exercises to that will encourage people to start making the vision happen and physical expressions of what they desire. The materials will focus on how to monitor our vision and what changes will be needed if we are not heading where we want to go. Monitoring is crucial; defining some key choices allows us to test our indicators during the vision development and use them to evaluate these choices. We can also use the same indicators to monitor, check in, and adapt to preserve what we love. Key strategies to achieve the vision and key choices will also be outlined. For this Downtown Plan to meet the intent of being a “chart for change”, a program indicating the appropriate projects, tools, actions, and timelines for carrying it out must accompany it. In preparing such a program, the implementing actions and projects (and the major steps toward achieving them) would be categorized with regard to timing; for example, short term (one to three years), near term (four to six years) and long term (seven years and beyond). Those actions needing to occur in each of the first three years to set the stage for completing the activities to be achieved in the following year would be identified and programmed. The activities for Year 1 would be tied to the Town’s operating budget; the activities identified for Years 2 and 3 would serve as placeholders or indications of anticipated action-related resource needs for the coming two years. Once Year 1 is nearly complete, the activities for Year 2 would be adjusted as necessary, for they will become the “new” Year 1. Year 3’s activities would be adjusted as appropriate in readiness for becoming the new Year 2; accordingly, activities for a new Year 3 would be moved up from the list of near-term actions and projects. By monitoring, updating, and reporting on achieving the strategy, and coordinating the progress of various departments, agencies and planning partners to fund and/or carry it out, this rolling incremental implementation strategy becomes a sort of capital improvement program for action, ensuring that meaningful progress is in made on carrying out the Downtown Plan in an affordable, achievable manner. Phase V Meetings: • Agenda, materials, facilitation, and summary for TAC/TF Meeting #5 • Agenda, materials, facilitation and summary for Community Event Series #5 “Taking it to Estes Park” (weeklong event) • Virtual Meeting #5 (online questionnaire) materials and upload • Neighborhood Digital Meeting #3 (online questionnaire) materials and distribution • Agenda, materials, facilitation, and summary for Elected Officials’ Work Session #4 and Boards and Commissions Meetings #4 Phase V Deliverables: • Town-wide online questionnaire results • Neighborhood survey results • Final vision and choices document • Indicators and strategies • Phase V project update (1 page, for distribution through project newsletter, email newsletter, and newspaper article) • Event Series #5 video (Town) TOWN OF ESTES PARK DOWNTOWN PLAN 51 PHASE VI. REALIZING DOWNTOWN ESTES PARK Final Downtown Plan Document The final Downtown Plan, “Realizing Downtown Estes Park,” will include the process, trends, values, a narrative and physical vision, strategies, comprehensive plan integration strategies, and a method to monitor implementation. Once the plan, “Realizing Downtown Estes Park” (or another name generated by the community), is written, we will assist the TAC/TF on presenting and obtaining acceptance of the Plan. At this time, the Town may also want to engage in a discussion of a living plan website, that would occur as an extension to the contract as well as early action steps that could initiate implementation. Community Event Series #6: The Plan on Tour The Plan on Tour will celebrate and highlight the approximate 8-month journey we have completed and the choices we have made together. In addition to the plan document, we will develop another form of the plan formatted similarly to a professional art exhibit to put on tour in Downtown. The tour materials will include photos, imagery, words, and graphics that represent the final plan. Alternatively, another form of art could represent the vision. The Town would produce this final piece based on provided content by the consultant team. These materials could make their way through the community prior to and during the adoption process, and could extend past adoption into the summer months, from art studios to community spaces. Phase VI Meetings: • Agenda, materials, facilitation, and summary for TAC/TF Meeting #6 • Materials for Community Event Series #6 “Estes Park Downtown Plan on Tour” • Materials and presentation assistance for public hearings during adoption process Phase VI Deliverables: • Final Downtown Plan • Phase VI project update (1 page, for distribution through project newsletter, email newsletter, and newspaper article) • Digital files, GIS files 52 LOGAN SIMPSON SUBMITTAL E. PROPOSED PROJECT SCHEDULE AND BUDGET MANAGEMENT STANDARDS AND PROCEDURES COMMUNICATION Accurate, timely communication is essential to successful completion of any project. Logan Simpson will maintain frequent, regular communication with the Town’s project manager, primarily through phone and email, as well as regularly scheduled in-person meetings. Communication will include project progress over the previous period and planned activities for the coming period. Internally, Bruce Meighen will meet with the project team and other staff to ensure that we meet the overall needs of the project and are coordinating with subconsultants. When procedural, policy, or consistency issues that could affect other tasks and resources are identified, Bruce will facilitate the resolution in a collaborative manner. In addition to the discussion regarding the detailed work plan, schedule, and public involvement plan, the kickoff meeting will be used to confirm a clear approach to communication throughout the project. Communication will include minimum biweekly updates regarding materials, progress, and deliverables. We will also review CDBG and other potential grant sources with the Town’s project manager to ensure we are meeting the intent of the grant and funding mechanism criteria. At the kick-off meeting we will align the project schedule with grant application timelines in order to position for future funding. Maintaining a high level of communication will assure smoother project progress and allow for greater flexibility in responding to potential disruptions to activities. COST CONTROL Logan Simpson has the corporate resources necessary to ensure effective cost control on all projects. Led by a Certified Public Accountant, our Accounting Team utilizes the Deltek Vision Financial Management System to track all project and corporate overhead costs in compliance with generally accepted accounting principles and government cost accounting standards. For each project: • we establish a budget and communicate it to project staff; • assign an accounting staff member who is responsible for tracking costs by project and activity from start to finish; and • generate and regularly review reports at the project, contract, and corporate levels. QUALITY ASSURANCE/QUALITY CONTROL Logan Simpson also employs a stringent QC process to ensure accurate, easy-to-use documents. This process begins when our project manager reviews the project plans. Senior staff assigned to each project and the principal-in- charge review the documents and return their comments to the primary author or data manager, who will make needed changes and resolve remaining issues. Our GIS/ graphics team implements the changes and performs its own internal review before returning material to the project manager. When the project manager has confirmed that the documents are accurate and complete, they are made available for client distribution. As the prime consultant, Logan Simpson will review information from our subconsultant team and ensure it meets the same level of standards as our own data and deliverables. We will maintain control of the final presentations, engagement materials, and ultimately, the Downtown Plan document. Our plan will go through a rigorous review process for clarity of content, quality of graphics and format, and overall accuracy. Regular communication on data management will assure that not only are the most current standards maintained, but that any potential updates or modifications to the standards are seamlessly incorporated into the project. TOWN OF ESTES PARK DOWNTOWN PLAN 53 SCHEDULE CONTROL Logan Simpson’s strategy for schedule control is simple: set a realistic timeline based on project milestones and stick to it. We have a demonstrated history of meeting project schedules — even when they are aggressive. Our strategy to ensure we meet project schedules includes: • committing sufficient resources and staff to ensure successful project completion. • starting each project with a kick-off meeting. • holding weekly project team meetings to monitor schedule and budget. • maintaining regular, face-to-face communication with the client to gain insight into potential issues that can be addressed before milestones are affected. Issues that may affect project milestones are elevated to a high-priority status and given immediate attention until resolved. • using software tracking programs, such as Microsoft Project and Deltek Vision to manage schedules. • making project schedules available to the client at any time. • maintaining flexibility and adaptability as priorities change. • ensuring our project manager and project principal are available to resolve any schedule concerns. TIMELINE The timeline on the following spread shows the project team’s anticipated workload and hours by task, as well when each task is anticipated to occur. Billing rates and non-personnel costs (expenses) are also shown per the Response to Questions. An overall project budget by assigned personnel, which also includes billing rates, hours, and expenses, can be found under separate cover in Section F., Consultant’s Fees, as per the RFP. 54 LOGAN SIMPSON SUBMITTAL Timeframe Anticipated Event Presence Logan Simpson BAS1S Leland Anderson Charlier Hours ExpensesBMMMJDMJCDHKKSLProd.DS BV TK Prod.BA MM AH BA JC TM PP Hourly Rate $198 $120 $187 $138 $165 $69 $115 $85 $170 $155 $145 $85 $175 $110 $110 $80 $210 $150 $95 I. Community-Developed Process Conduct Staff Kickoff + Meeting September Fine Arts & Fine Crafts Show (19 - 20; Autumn Gold & Peak Flavors Fest (26 - 27) 4 4 2 2 2 4 4 4 8 4 4 4 46 $500 TAC/Task Force Kickoff Meeting #1 September 4 4 12 4 4 8 4 4 4 48 $500 Public Outreach Plan + Materials Launch September 4 4 24 4 4 40 $0 Branding + Messaging Sep. - Oct.4 4 24 4 4 40 $250 Community Event Series #1: Downtown Coffee Walks + Talks, Online Activities September 8 8 24 8 0 8 8 8 72 $500 Subtotal 24 24 2 2 2 88 24 16 24 8 0 0 16 0 0 0 16 0 0 246 $1,750 II. Celebrate Downtown Estes Park Community Event Series #1: Celebrate Downtown Estes Park, Online Activities October Pumpkins & Pilsners Festival (17); Fall Back Beer Festival (31) 4 4 16 4 8 8 4 48 $500 TAC/Task Force Meeting #2 October 4 8 16 4 8 8 48 $500 Subtotal 8 12 0 0 0 32 8 0 16 0 0 0 0 0 0 0 16 0 4 96 $1,000 III. Where Are We Now? Where Are We Going? Snapshots + Trend Analysis Oct. - Nov. Tree Lighting Ceremony (21); Catch the Glow Christmas Parade & Celebration (27) 4 4 8 8 8 24 8 8 8 8 8 18 8 8 8 8 12 12 170 $0 TAC/Task Force Meeting #3 November 4 4 16 4 8 8 4 48 $500 Community Event Series #3: Estes Park Keynotes, Online Activities November 4 4 16 4 4 8 8 4 4 56 $500 Subtotal 12 12 8 8 8 56 16 12 24 24 8 0 18 8 8 8 16 12 16 274 $1,000 IV. Where Do We Want to Go? TAC/Task Force Meeting #4 December No scheduled Estes Park events in this timeframe; allows the opportunity to create a new event 4 4 8 4 8 8 8 4 48 $500 Community Event Series #4: For the Love of Estes Park, Online Activities December 4 16 24 4 8 4 4 64 $500 Draft Vision + Choices Dec. - Jan.8 8 8 8 8 18 16 8 16 8 16 8 8 8 8 12 12 178 $0 Subtotal 16 28 8 8 8 50 24 8 32 16 8 0 16 8 8 8 16 12 16 290 $1,000 V. How Do We Get to Our Destination? TAC/Task Force Meeting #5 January Winter Festival (15 - 18) 4 4 16 4 4 8 4 44 $500 Community Event Series #5: Taking It To Estes Park, Online Activities January 4 4 8 4 4 8 4 4 40 $500 Vision + Choices, Strategies, Indicators January 8 16 8 8 8 24 16 8 8 4 4 4 12 6 6 6 4 8 8 166 $0 Subtotal 16 24 8 8 8 48 24 16 24 4 4 4 12 6 6 6 12 8 12 250 $1,000 VI. Realizing Downtown Estes Park Draft + Final Downtown Plan Document Feb. - Mar.Duck Race & Festival (7); Memorial Day Weekend Art Market (28 - 30) 16 24 4 4 4 38 16 6 8 4 4 8 6 6 4 8 4 4 168 $250 Adoption Assistance/TAC/Task Force Meeting #6 Mar. - May 16 8 8 4 4 8 4 52 $500 Community Event Series #6: The Plan on Tour Mar. - May 8 8 8 4 4 4 36 $500 Subtotal 40 40 4 4 4 54 24 14 16 4 4 0 8 6 6 4 16 4 4 256 $1,250 TOWN OF ESTES PARK DOWNTOWN PLAN 55 TimeframeAnticipated Event Presence Logan Simpson BAS1S Leland Anderson Charlier Hours ExpensesBMMMJDMJCDHKKSLProd.DS BV TK Prod.BA MM AH BA JC TM PP Hourly Rate $198 $120 $187 $138 $165 $69 $115 $85 $170 $155 $145 $85 $175 $110 $110 $80 $210 $150 $95 I. Community-Developed Process Conduct Staff Kickoff + MeetingSeptember Fine Arts & Fine Crafts Show (19 - 20; Autumn Gold & Peak Flavors Fest (26 - 27) 442224 4 4 8 4 4 4 46 $500 TAC/Task Force Kickoff Meeting #1September4412 4 4 8 4 4 4 48 $500 Public Outreach Plan + Materials LaunchSeptember4424 4 4 40 $0 Branding + MessagingSep. - Oct.4424 4 4 40 $250 Community Event Series #1: Downtown Coffee Walks + Talks, Online ActivitiesSeptember8824 8 0 8 8 8 72 $500 Subtotal 242422288 24 16 24 8 0 0 16 0 0 0 16 0 0 246 $1,750 II. Celebrate Downtown Estes Park Community Event Series #1: Celebrate Downtown Estes Park, Online ActivitiesOctoberPumpkins & Pilsners Festival (17); Fall Back Beer Festival (31) 4416 4 8 8 4 48 $500 TAC/Task Force Meeting #2October4816 4 8 8 48 $500 Subtotal 81200032 8 0 16 0 0 0 0 0 0 0 16 0 4 96 $1,000 III. Where Are We Now? Where Are We Going? Snapshots + Trend AnalysisOct. - Nov. Tree Lighting Ceremony (21); Catch the Glow Christmas Parade & Celebration (27) 4488824 8 8 8 8 8 18 8 8 8 8 12 12 170 $0 TAC/Task Force Meeting #3November4416 4 8 8 4 48 $500 Community Event Series #3: Estes Park Keynotes, Online ActivitiesNovember4416 4 4 8 8 4 4 56 $500 Subtotal 121288856 16 12 24 24 8 0 18 8 8 8 16 12 16 274 $1,000 IV. Where Do We Want to Go? TAC/Task Force Meeting #4DecemberNo scheduled Estes Park events in this timeframe; allows the opportunity to create a new event 448 4 8 8 8 4 48 $500 Community Event Series #4: For the Love of Estes Park, Online ActivitiesDecember41624 4 8 4 4 64 $500 Draft Vision + ChoicesDec. - Jan.8888818 16 8 16 8 16 8 8 8 8 12 12 178 $0 Subtotal 162888850 24 8 32 16 8 0 16 8 8 8 16 12 16 290 $1,000 V. How Do We Get to Our Destination? TAC/Task Force Meeting #5January Winter Festival (15 - 18) 4416 4 4 8 4 44 $500 Community Event Series #5: Taking It To Estes Park, Online ActivitiesJanuary448 4 4 8 4 4 40 $500 Vision + Choices, Strategies, IndicatorsJanuary81688824 16 8 8 4 4 4 12 6 6 6 4 8 8 166 $0 Subtotal 162488848 24 16 24 4 4 4 12 6 6 6 12 8 12 250 $1,000 VI. Realizing Downtown Estes Park Draft + Final Downtown Plan DocumentFeb. - Mar.Duck Race & Festival (7); Memorial Day Weekend Art Market (28 - 30) 162444438 16 6 8 4 4 8 6 6 4 8 4 4 168 $250 Adoption Assistance/TAC/Task Force Meeting #6Mar. - May1688 4 4 8 4 52 $500 Community Event Series #6: The Plan on TourMar. - May888 4 4 4 36 $500 Subtotal404044454 24 14 16 4 4 0 8 6 6 4 16 4 4 256 $1,250 56 LOGAN SIMPSON SUBMITTAL F. CONSULTANT’S FEE Please see our fee spreadsheet under separate cover in the enclosed sealed envelope, as per the RFP requirements. G. REFERENCES LOGAN SIMPSON MCCALL DOWNTOWN MASTER PLAN UPDATE Michelle Groenevelt, Community Development Director | City of McCall | City Hall, 216 East Park St. | McCall, ID 83638 | P: 208.634.5229 | E: mgroenevelt@mccall.id.us Project Cost: $23,500 “Logan Simpson was part of an interdisciplinary consultant team that helped developed the award-winning McCall Downtown Master Plan. Public involvement was the cornerstone of the Plan, and Logan Simpson successfully facilitated meaningful and sometimes emotionally charged conversations. To engage the broad community of residents, second home owners, and visitors, numerous public involvement strategies were used that included taking the planning to the public. Ultimately, the adopted Plan is a community-based vision with innovative and realistic implementation strategies for the McCall community. I highly recommend Logan Simpson to other communities looking for an effective and knowledgeable planning consultant who is able to listen to the community and develop a high-quality plan.” - Michelle Groenevelt, AICP, City of McCall Community Development Director JACKSON / TETON COUNTY COMPREHENSIVE PLAN, CHARACTER DISTRICT PLANS, LAND DEVELOPMENT REGULATIONS UPDATE, AND INTEGRATED WORKFORCE HOUSING ACTION PLAN Alex Norton, Jackson/Teton County Long-Range Planner | 150 East Pearl Avenue, Jackson, WY 83001 P: 307.733.3959 | E: anorton@tetonwyo.org Project Costs: $110,000 (Comprehensive Plan); $90,000 (Character Districts); $40,000 (Land Development Regulations); $30,000 (Integrated Housing Action Plan); $50,000 (Logan Simpson) of $200,000 fee (Integrated Transportation Plan) “In 2010, the Town of Jackson and Teton County hired a consultant team led by Bruce Meighen and Megan Moore, now at Logan Simpson, to facilitate the completion of a comprehensive planning process, which stalled prior to adoption under a different consultant team that had begun three years earlier. Bruce’s team facilitated a series of ten, strategic, joint Town Council/Board of County Commissioner meetings to affirm the Plan’s goals; restructured the Plan to better reflect the common values and priorities of the community; and effectively engaged stakeholders and elected officials to streamline the final adoption process. In May 2012, the Town and County unanimously adopted the Jackson/Teton County Comprehensive Plan. The Jackson/Teton County Comprehensive Plan was awarded the 2012 Urban Planning Project of the Year Award from the Wyoming Planning Association. This plan, though completed while Bruce’s team was employed elsewhere, is representative of Logan Simpson’s award-winning capabilities. Since our introduction in 2010, the Town and County have hired Bruce and his team to help us with a number of other public engagement and policy implementation projects. Logan Simpson designed the public engagement for the development of an Integrated Transportation Plan that sets multimodal transportation goals and benchmarks. They provided public engagement and graphic presentation support for Teton County’s update to our rural area zoning and conservation development options. Most recently, Logan Simpson designed a workforce housing summit to overcome the analysis paralysis the community was experiencing over the issue of housing our local workforce. We continue to work with Logan Simpson on a Housing Action Plan that identifies the tangible implementation initiatives for moving forward in our workforce housing goals, that were informed by the summit. We now have a 5 year relationship with Bruce and his team and continue to solicit his services because of the quality results.” - Alex Norton, Jackson/Teton County Long-Range Planner TOWN OF ESTES PARK DOWNTOWN PLAN 57 FRUITA DOWNTOWN STREETSCAPE AND CIVIC CENTER MASTER PLAN Clint Kinney, Snowmass Village Town Manager | Town of Snowmass Village (formerly Town Manager of Fruita) | PO Box 5010, Snowmass, CO | P: 970.923.6083 | E: ckinney@tosv.com Project Costs: $20,600 (Downtown Streetscape); $43,290 (Civic Center) “Over the course of the last several years I have had the privilege of working with Bruce Meighen and Jana McKenzie on a number of critical projects. In each project, both Bruce and Jana proved to be experts in their respective subject matters and true professionals in the delivery of their work product. They were both a pleasure to work with and, as such, it is my pleasure to write this strong letter of recommendation for them. Specifically, Bruce and Jana led the City of Fruita, and more importantly, the Fruita Community, through exceptionally significant and complex efforts such as the Comprehensive Community Plan, The Parks, Open Space and Trails Master Plan, and the Downtown Plan and Streetscape Design. Each of these efforts were expertly crafted by Bruce and Jana. The processes they created allowed for highly effective public input that, in the end, resulted with well written plans that were all adopted by the City Council. These plans were difficult and controversial but ended up creating high quality community buy-in to their findings and vision. It was clear through these processes that Bruce and Jana understood the critical nature of utilizing data and sound planning principles to create a plan that embodies the values of the community. The most noteworthy part of their efforts is that their plans are actually utilized. They are developed, finalized and adopted in such a way that they are plans of action and visions that are implemented by the community rather than simply sitting on a shelf. I am happy to recommend Bruce and Jana. Should you need more information, please feel free to contact me.” - Clinton M. Kinney, Town Manager, Town of Snowmass Village ALTA TOWN CENTER CONCEPT AND MASSING STUDY Chris Cawley, Assistant Town Administrator | Town of Alta | PO Box 8016, Alta, UT 84092 | P: 801.742.3522 | E: chris@townofalta.com Project Cost: $10,160 “Logan Simpson created a land use and transportation visioning study for the Town of Alta, a very small mountain community outside of Salt Lake City that primarily acts as a base village for Alta Ski Area, but also a year round residential community and recreation destination. Alta contains mostly very steep, mountainous terrain, 80% of which is publicly owned, with small parcels of very low-density private development land-locked by public, open space. Alta is connected to the Salt Lake Valley by a single steep, winding road which dead-ends on the east side of town, and while our residents love Alta for its simplicity, the built environment in town is disconnected and austere, and it has not experienced significant change in form, function, appearance or capacity since the 1960s. Faced with land management and transportation proposals by regional government stakeholders which imply significant development pressure and a generational change in transportation infrastructure in Alta, the Town sought conceptual renderings of land use and transportation design alternatives to help the community visualize future growth. Following collaborative meetings with Alta stakeholders, Logan Simpson led an interdisciplinary team of urban designers, planners, and graphic artists to develop three alternatives for community consideration. These alternatives considered the natural environment, existing roads, infrastructure, internationally recognized ski environment and facilities, vegetation, slope, sun aspect, and the Town’s historic character and culture. These renderings portray very distinct density and massing concepts, and included program elements such as transit alignments and facilities, workforce housing, a conference center and additional retail, all focused around a “town center” public space, something modern Alta has always lacked. Logan Simpson facilitated sometimes emotional public meetings, summarized their research, public input and meeting facilitation work, and design products in a beautiful, comprehensive document that has provided community members a significant reference from which to establish a proactive approach to local planning. Presented with a tight time-frame, a lean project budget, unique development constraints and a recalcitrant public, Logan Simpson exceeded our expectations, and produced an invaluable resource for Alta. It is my pleasure to enthusiastically recommend their urban design, community planning, and placemaking expertise.” - Chris Cawley, Assistant Town Administrator 58 LOGAN SIMPSON SUBMITTAL ELKO DOWNTOWN CORRIDOR DESIGN Rick Magness, AICP, City Planner and RDA Director | City of Elko | 1751 College Avenue, Elko, NV 89801 | P: 775.777.7162 | E: rmagness@ci.elko.nv.us Project Costs: $147,334 “Logan Simpson was selected in the fall of 2014 as the lead designer for the Downtown Corridor Design in Elko, Nevada. Logan Simpson is leading an interdisciplinary team of designers, engineers, and planners to improve the downtown corridor. The improvements will provide a new place that promotes a sense of comfort, draws a diverse population, fosters frequent and meaningful contact, nurtures and defines community identity, builds and supports the local economy, and provides a safe, more accessible place for the entire community of Elko. Logan Simpson has functioned as an extension of our staff, stakeholders and community by engaging a broad group of residents and business owners in several public outreach and community workshops. Following two major workshops, their team was instrumental in contacting key business and community stakeholders through one-on-one phone calls. Logan Simpson staff’ listened to diverse and opposing comments and modified the plans, program, and vision to meet the overall community needs and expectations. I highly recommend Logan Simpson to other communities looking for a committed and knowledgeable team of great listeners who are highly creative and personally invested in the communities they serve. Please call me directly if you have any further questions regarding their service and capabilities.” - Rick Magness, AICP, Redevelopment Director/City Planner TOWN OF ESTES PARK DOWNTOWN PLAN 59 BAS1S Estes Park Visitors Center Sue Doylen, Town Mayor Pro Tem at the time of the project | 191 West Riverside Drive, Estes Park, CO 80517 | P: 970.586.2679 Ed’s Cantina/East Elkhorn Shops Chris Hill, Ed’s Cantina | P: 970.237.9005 Mike Whipp, East Elkhorn Shops Retail | P: 303.746.6266 LELAND CONSULTING GROUP Downtown Improvement Plan Kenny Asher, Community Development Director | City of Tigard | 13125 SW Hall Boulevard, Tigard, OR 97223 | P: 503.718.2443 | E: kennya@tigard-or.gov Project Cost: $180,000 Central Area Plan John Russell, AICP (Former Economic Development Director, City of Bend), Asset Management Manager | Oregon Division of State Lands | 775 Summer Street NE Suite 100, Salem, OR 97301 | P: 503.986.5281 | E: john.russell@state.or.us Project Cost: $232,000 Northeast Gateway Plan Doug Montgomery, Planning Director | City of McMinnville | 231 NE Fifth Street, McMinnville, OR 97128 | P: 503.434.7311 | E: montgod@ci.mcminnville.or.us Project Cost: $123,000 CHARLIER ASSOCIATES Reinvent Phoenix Curt Upton, Project Manager (now at City of Denver) | 201 West Colfax Avenue, Dept. 205, Denver, CO 80202 | P: 720.865.2915 | E: curt.upton@denvergov.org Project Cost: $90,000 (Charlier portion only) Downtown Transit Oriented Development Strategic Plan Nathan Lindquist, Director of Planning | 202 Railroad Avenue, Rifle, CO 81650 | P: 970.665.6499 | E: nlindquist@rifleco.org Project Cost: $900,000 +/- Downtown Planning and Urban Design Leslie Bethel, Director | Glenwood Springs Downtown Development Authority | 101 West 8th Street, Glenwood Springs, CO 81601 | P: 970.384.6446 | E: lbethel@sopris.net Project Cost: $5,000 - $35,000 (variable by project) Integrated Transportation Plan Tyler Sinclair, Director of Planning and Building, Town and County | 150 East Pearl Avenue, Jackson, WY 83001 | P: 307.733.0440 x1301 | E: tsinclair@ci.jackson.wy.us Project Cost: $200,000 ANDERSON CONSULTING ENGINEERS Poudre River Downtown Project Matt Day | City of Fort Collins | P.O. Box 580, Fort Collins, CO | P: 970.224.6096 Project Cost: $1,040,000 Fall River Restoration Master Plan Will Burchfield | P.O. Box 1200, 170 MacGregor Avenue, Estes Park, CO | P: 970.577.3728 Project Cost: $29,000 Windsor Master Drainage Plan Dennis Wagner | Town of Windsor | 301 Walnut Street, Windsor, CO | P: 970.686.7476 ext 2406 Project Cost: $206,000 SUBCONSULTANT REFERENCES 60 LOGAN SIMPSON SUBMITTALPage 29 of 33 EXHIBIT E: REFERENCE AUTHORIZATION AND RELEASE FORM TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM To: A Corporation By: , A Partnership whose address is (Proposer) An Individual 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. By: Title: Date: Logan Simpson 123 North College Avenue, Suite 206 Fort Collins, CO 80525 Principal 8/10/2015 town of Estes Park TOWN OF ESTES PARK DOWNTOWN PLAN 61 H. INSURANCE The Certificate of Liability Insurance on the following page addresses Logan Simpson’s General Liability, Automobile Liability, Umbrella Liability, Workers’s Compensation and Employer’s Liability, and Professional Liability. 62 LOGAN SIMPSON SUBMITTAL DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY)(MM/DD/YYYY)INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-$POLICY LOCJECT COMBINED SINGLE LIMITAUTOMOBILE LIABILITY (Ea accident)$ BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $HIRED AUTOS (PER ACCIDENT)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ WC STATU-OTH-WORKERS COMPENSATION TORY LIMITS ERAND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED?(Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) LOGAN-2 OP ID: JC 06/19/2014 Larry Stuckey CPCU CLUStuckey Ins & Assoc Agencies5343 N. 16th Street, Suite 110Phoenix, AZ 85016Larry Stuckey CPCU CLU 602-264-5533 602-279-9336 Phoenix Insurance Company 25623 Travelers Prop Cas of America 25674Logan Simpson Design, Inc.51 W. 3rd St. #450Tempe, AZ 85281 Travelers Indemnity Company 25658 Travelers Indemnity Co of CT 25682 Hudson Specialty Insurance 37079 2,000,000 A X 6805693L900 07/01/2014 07/01/2015 300,000 X 5,000 X Contract Liab NO DEDUCTIBLE 2,000,000 4,000,000 4,000,000 X 1,000,000 B X BA7E687965 07/01/2014 07/01/2015 X X X No Ded X 5,000,000 C X CUP-7322Y888 07/01/2014 07/01/2015 5,000,000 X 10000 X D UB7264Y844 AZ UT CO 07/01/2014 07/01/2015 1,000,000NUB3418T122 NV 07/01/2014 07/01/2015 1,000,000 1,000,000 E Professional Liab ESB2553131303 07/01/2014 07/01/2015 Per Claim 2,000,000 Deductible $50,000 Aggregate 2,000,000 Professional Liability -Claims Made- Retro Date 08/23/90 FORIN-1 For Information Only 1 PROFESSIONAL SERVICES CONTRACT This Professional Services Contract (this “Contract”) is entered into this ____ day of __________________, 20 , by and between the Town of Estes Park, Colorado (“Town”), Larimer County, State of Colorado and (“Consultant”). Whereas, the Town requires professional services; and Whereas, the consultant or firm has the requisite expertise and experience to perform required professional services; and Whereas, the parties desire to contract with one another to complete the following project: DOWNTOWN PLAN Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties agree to the following. I. Scope of Services A. The Consultant shall perform the services set forth in the Request for Proposals, (Exhibit A), attached hereto. The Town reserves the right to remove any of the services from Exhibit A upon written notice to Consultant. In the event of any conflict between this Contract and Exhibit A, the provisions of this Contract shall prevail. B. Consultant shall furnish all labor and materials required for the complete and prompt execution and performance of its duties, obligations, and responsibilities which are described or reasonably implied in the Request for Proposal and in the Scope of Services. C. No material change to the Work, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is 2 authorized to modify any term of this Contract, either directly or implied by a course of action. II. Price The Town shall pay the Consultant a sum not to exceed $190,000. The Town shall make payment within thirty days of receipt and approval of monthly invoices, which shall identify the specific Services performed for which payment is requested. The amount specified herein shall include the fees and expenses anticipated to be incurred by Consultant in performing all services hereunder, as described in Scope of Services. III. Invoices and Invoicing The Consultant shall invoice the Town regularly and preferable monthly. Each invoice shall be sufficiently detailed for work performed within the time frame of the invoice period and the Contract. Invoices shall include a statement of the time that the Consultant employees worked since the previous invoice, a brief description of the services provided by each such employee and an itemization of direct expenses for each task. If, on the basis of the Town’s observation of the Work and the Town's review of the final invoice and accompanying documentation as required by this Contract, the Town is satisfied that the services have been completed and Consultant’s other obligations under this Contract have been fulfilled, the Town will pay the amount due. Otherwise, the Town will return the invoice to Consultant, indicating in writing the reasons for refusing to schedule final settlement, in which case Consultant shall make the necessary corrections and resubmit the invoice. IV. Term This Contract shall be effective from __________, 2015 through __________, 2016. This Contract may be extended or renewed by written agreement of the parties. V. Appropriation To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made. To the extent this Contract is being supported with grant funds, it shall be submit to the Town’s success at securing and maintaining these funds for continued support. If for any reason the grant funds do not continue supporting this contract, the Town shall have no obligation to continue this Contract. VI. Independent Consultant The parties agree that the Consultant is an independent Consultant and is not an employee of the Town. The Consultant is not entitled to workers’ compensation benefits from the Town and is obligated to pay federal and state income tax on any money earned pursuant 3 to this Contract. Consultant shall make no representation that it is a Town employee for any purposes. VII. Insurance Requirements A. Policies. The Consultant and its subconsultants, if any, shall procure and maintain at their own cost, for the duration of this Contract the following insurance policies and shall provide the Town with a certificate of insurance evidencing such upon execution of this Contract: 1. Comprehensive general liability insurance insuring the Consultant and naming the Town as an additional insured with minimum combined single limits of $2,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent consultants, products, and completed operations. The policy shall contain a severability of interests provision. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 2. Comprehensive automobile liability insurance insuring the Consultant and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by the Consultant which are used in connection with this Contract, whether the motor vehicles are owned, non- owned, or hired, with a combined single limit of at least $1,000,000. 3. Professional liability insurance insuring the Consultant against any professional liability with a limit of at least $1,000,000 per claim and annual aggregate. (Note: this policy shall only be required if the Consultant is an architect, engineer, surveyor, appraiser, physician, attorney, accountant, or other licensed professional.) 4. Consultant shall adhere to Colorado laws for Workers’ Compensation insurance. 5. Failure on the part of the Consultant to procure or maintain the insurance required here in shall constitute a material breach of this Contract upon which the Town may terminate this Contract, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Consultant from the Town. 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 4 or other modification except after thirty days prior written notice to the Town. The Consultant shall identify whether the type of coverage is “occurrence” or “claims made.” If the type of coverage is “claims made,” which at renewal the Consultant changes to “occurrence,” the Consultant shall carry a six-month tail. Comprehensive general and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. Such policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of negligence of the Consultant, 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. VIII. Indemnification. The Consultant agrees to indemnify and hold harmless the Town, its officers, employees, and agents from and against all liability, claims, and demands on account of any injury, loss, or damage, including court costs and attorneys’ fees, arising out of or connected with the Services, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the negligent act, omission, or other fault of the Consultant or any subconsultant of the Consultant, or any officer, employee, or agent of the Consultant or any other person for whom the Consultant is responsible. The Consultant’s indemnification obligation shall not be construed to extend to any injury, loss, or damage to the extent caused by the act, omission, or other fault of the Town. This paragraph shall survive the termination or expiration of this Contract. IX. Professional Responsibility. A. Consultant hereby warrants that it is qualified to perform the Services, holds all professional licenses required by law to perform the Services, and has all requisite corporate authority to enter into this Contract. B. The Services shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional consultants and firms performing the same or similar type of work in the Denver metro area. The Services shall be done in compliance with applicable federal, state and local laws, ordinances, rules and regulations. C. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, surveys and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Contract. D. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions which fall below the professional practice standards. E. Approval by the Town of drawings, designs, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of its services. Neither the Town's review, 5 approval or acceptance of nor payment for any of the Consultant’s services shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. F. Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder or affiliate of Consultant shall not have a financial relationship with or an ownership interest with any person and/or entity which shall be the recipient of any contract or work for the services provided by Consultant pursuant to the terms and conditions of this Contract. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant’s services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the Town. G. The Consultant shall disclose any personal or private interest related to property or business within the Town. Upon disclosure of any such interest, the Town shall determine if the interest constitutes a conflict of interest. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a default and terminate this Contract. H. Upon execution of this Contract, Consultant shall furnish to the Town a list of proposed subconsultants, and Consultant shall not employ a subconsultant to whose employment the Town reasonably objects. All contracts between Consultant and subconsultants shall conform to this Contract. I. Consultant shall allow access by the Town, and funding entities’ duly authorized representatives to any books, documents, papers and records of the Consultant which are directly pertinent to this Contract for the purpose of audits, examinations, excerpts and transcripts. Consultant shall retain all required records for three (3) years after the Town makes final payments and all other pending matters are closed. X. Governmental Immunity Act. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. XI. Compliance with Applicable Laws. A. Generally. The Consultant shall comply with all applicable federal, state and local laws, including the ordinances, resolutions, rules, and regulations of the Town. The Consultant shall solely be responsible for payment of all applicable taxes and for obtaining and keeping in force all applicable permits and approvals. XII. Termination. A. This Contract shall terminate at such time as the Services are completed and the requirements of this Contract are satisfied, or upon the Town's providing Consultant 6 with advance written notice, whichever occurs first. If the Contract is terminated by the Town's issuance of written notice of intent to terminate, the Town shall pay Consultant the reasonable value of all work previously authorized and completed prior to the date of termination. If the Contract is terminated for any reason other than cause prior to completion of the Services, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented to by Consultant. B. Without Cause. Either party may terminate this Contract without cause upon thirty (30) days prior written notice to the other. The Town shall be liable to pay the Consultant for Services performed as of the effective date of termination, but shall not be liable to the Consultant for anticipated profits. C. For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten (10) days of written notice thereof, the non- defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of termination of this Contract, the non- defaulting party shall be entitled to recover all damages caused by said default. In the event that Consultant is in default, the Town may withhold payment to the Consultant for the purposes of setoff until such time as the amount of damages is determined. XIII. Notices. Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed, or three days after being sent by certified mail, return receipt requested: Town of Estes Park Consultant Alison Chilcott, Director Community Development Department Town of Estes Park PO Box 1200 Estes Park CO 80517 achilcott@estes.org (970) 577-3720 Bruce Meighen Principal/Project Manager Logan Simpson 123 N. College Avenue Fort Collins, CO 80524 bmeighen@logansimpson.com (970) 449-4100 XIV. Special Provisions. The Consultant agrees to perform services as specified in Exhibit A for the project as requested by the Town. This is a not to exceed contract with an established maximum payment of $190,000. The hourly rates are to be based on the Fee Schedule that was provided by the Consultant in their proposal. The Contract work shall be completed according to the schedule in Section IV.B. of Exhibit A, unless otherwise modified in writing with a subsequent Amendment to this Contract. 7 XV. Other Provisions. A. Time of the Essence. Time is of the essence in performance of the Services and is a significant and material term of this Contract. B. Entire Contract. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Contract. C. Assignment. The Consultant shall not assign this Contract without the Town’s prior written consent. D. Governing Law. This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer. E. Instruments of Service. Drawings, models, specifications, research, reports, surveys, studies, data, photographs and other documents, including those in electronic form, prepared by Consultant and its subconsultants in the performance of obligations under this Contract are Instruments of Service for use solely with respect to the project identified in this Contract. Consultant and its subconsultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights; except that, upon execution of this Contract, the Consultant grants to the Town a non-exclusive, perpetual, fully-paid, non-revocable license to reproduce and use the Consultant's Instruments of Service solely in connection with the above-referenced project, including the project's further development by the Town and others retained by the Town for such purposes. The Consultant shall obtain similar licenses from its subconsultants consistent with this Contract. Consultant shall, during the term of this Contract provide the Town with copies of all Instruments of Service prepared by Consultant or its subconsultants contemporaneous with such preparation, and shall provide them in electronic format or any other format requested by the Town. F. Work Products. The Town shall provide Consultant with reports and such other data as may be available to the Town and reasonably required by Consultant to perform the Work. All documents provided by the Town to Consultant shall be returned to the Town. Consultant is authorized by the Town to retain copies of such data and materials at Consultant’s expense. G. Information Disclosed. Other than sharing information with designated third parties as previously directed by the Town, no project information shall be disclosed by Consultant to third parties without prior written consent of the Town or pursuant to a lawful court order directing such disclosure. 8 H. Attorney’s Fees and Costs. In the event it becomes necessary for either party to bring any action to enforce any provision of this Contract or to recover any damages from the other party as a result of the breach of this Contract, including, but not limited to, defective work, and the party that prevails in such litigation, the other party shall pay the prevailing party its reasonable attorney’s fees and costs as determined by the court. I. Electronic Signature. This Contract may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101 et seq. J. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Contract. K. Third Parties. There are no intended third-party beneficiaries to this Contract. L. Severability. If any provision of this Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. M. PERA Retirees. It is the Consultant’s responsibility to inform the Town if they are a PERA retiree. 9 Signature page Town of Estes Park, Colorado Print name and title: Signature: Date: ATTEST: Town Clerk Consultant Print name and title: Signature: Date: 10 Exhibits and Attachments Exhibit A – Request for Proposals Exhibit B – Consultant fee schedule (hourly rates of employees working on this project) Exhibit C – Town Board of Trustees Approval of Contract Request for Proposals (RFP) Downtown Plan Date: July 22 2015 Prepared by: Town of Estes Park, Community Development Department Proposals must be received and stamped on or before the below due date and time at this location: August 11, 2015 at 3:00 pm Alison Chilcott, Director Community Development Department Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 (970) 577-3720 achilcott@estes.org Exhibit A TABLE OF CONTENTS I. Solicitation Overview ............................................................................................ 1 Summary of Opportunity .............................................................................................. 1 A. Purpose ...........................................................................................................................................................1 B. Expected Result ................................................................................................................................................1 C. Award ................................................................................................................................................................1 II. Project Description – Scope of Services Required ................................................... 1 A. General ............................................................................................................................................................1 1. Process ........................................................................................................................................................2 2. Public Outreach and Engagement ..............................................................................................................2 3. Downtown Plan Contents ...........................................................................................................................2 B. Plan Boundary ...................................................................................................................................................3 C. Vision ................................................................................................................................................................3 D. Existing Conditions and Key Issues..................................................................................................................3 E. Economic Competitiveness ...............................................................................................................................4 F. Resiliency to Natural Hazards and Climate Change Element ...........................................................................4 G. Land Use Alternatives .....................................................................................................................................5 H. Placemaking and Creative Endeavors .............................................................................................................5 I. Downtown Character/Design ...........................................................................................................................5 J. Transportation (Pedestrian, Transit, Vehicular) ...............................................................................................6 K. Public Infrastructure .........................................................................................................................................7 L. Implementation and Monitoring ......................................................................................................................7 M. Public Outreach and Engagement ...................................................................................................................7 III. Preparation of Proposals – Instructions to Consultants .......................................... 7 A. Communication While Preparing Proposals ...................................................................................................7 B. Proposed Procurement Schedule .....................................................................................................................7 1. Submittal of Proposals ................................................................................................................................8 2. Proposal Contents ......................................................................................................................................9 IV. Proposal Evaluation Criteria ................................................................................ 11 A. Responsiveness to the Schedule .................................................................................................................. 12 B. Experience and Approach .............................................................................................................................. 12 Exhibit A Page 2 of 33 C. References ..................................................................................................................................................... 12 D. Interviews ..................................................................................................................................................... 12 E. Final Selection ................................................................................................................................................ 13 V. Contract, Terms and Conditions ........................................................................... 13 A. Contract Formation ...................................................................................................................................... 13 B. Solicitation Amendments .............................................................................................................................. 13 C. Incorporation of Documents ......................................................................................................................... 13 D. Right to Cancel ............................................................................................................................................. 13 E. Commencement ............................................................................................................................................ 13 F. Variation from Request for Proposal ............................................................................................................. 14 G. State of Colorado Licenses ........................................................................................................................... 14 H. Insurance ...................................................................................................................................................... 14 I. References and Conflict of Interest Inquiry ................................................................................................... 14 J. Contracting Dependent on Executed Contract between Town and State .................................................... 14 K. Project Interfacing ......................................................................................................................................... 14 L. Project Documentation and Deliverables ...................................................................................................... 15 M. Fees and Payment ........................................................................................................................................ 16 N. Subconsultants ............................................................................................................................................. 16 O. Financial Capabilities .................................................................................................................................... 16 P. Conflicts of Interest ....................................................................................................................................... 17 Q. Handling of Information ............................................................................................................................... 17 R. Equal Opportunity Employer ......................................................................................................................... 17 S. Small Business, Minority and Women Enterprises ........................................................................................ 17 Exhibit A: Boundary Map ............................................................................................ 18 Exhibit B: Background and Key Issues ......................................................................... 19 A. Vision for the Future .................................................................................................................................... 20 B. Economic Competiveness .............................................................................................................................. 20 C. Hazard Mitigation and Climate Change ......................................................................................................... 21 D. Transportation (Pedestrian, Transit, Vehicular)........................................................................................... 23 E. Placemaking and Creative Endeavors ............................................................................................................ 24 F. Public Infrastructure ...................................................................................................................................... 25 Exhibit A Page 3 of 33 G. Land Use and Housing Choices .................................................................................................................... 25 Exhibit C: Reference Materials .................................................................................... 27 A. Existing Reference Materials........................................................................................................................ 27 B. Planning Efforts Underway ............................................................................................................................ 27 C. Upcoming Planning Efforts ............................................................................................................................ 27 Exhibit D: Sample Professional Services Agreement .................................................... 28 Exhibit E: Reference Authorization and Release Form ................................................. 29 Exhibit A Page 1 of 33 I. SOLICITATION OVERVIEW The Town of Estes Park, Colorado (the “Town”) is soliciting written Proposals from firms for Consulting Services for a DOWNTOWN PLAN. This project will be financed with State Energy and Mineral Impact Assistance Funds managed through the Colorado Department of Local Affairs. The Town received a grant award of $190,000 to prepare the downtown plan. The proposal and resulting plan will need to be coordinated with the Department of Local Affairs to ensure compliance with the terms of the grant. SUMMARY OF OPPORTUNITY A. Purpose The purpose of this Solicitation is to establish a contract with a Third Party Consultant/Applicant (“Consultant”) for the development of a Downtown Plan. B. Expected Result The Town of Estes Park seeks to acquire consultant services and expertize that best meet the Town of Estes Park’s needs and offers the best value. C. Award Only one successful Consultant will be identified via this procurement and only one Contract will be awarded. II. PROJECT DESCRIPTION – SCOPE OF SERVICES REQUIRED This Scope of Services is intended to be a general outline of the work and not an all-inclusive description of the professional and technical services that may be required to undertake the project. A. General Through a public planning process, a Downtown Plan will be developed that will: ▪ Be a conceptual plan that defines a vision of the downtown in 2025, describes what the downtown will look like socially, economically and physically. ▪ Identify a clear set of priorities, actions, strategies, and financing mechanisms to achieve the 2025 vision. ▪ Serve as a blueprint for future development and infrastructure improvements downtown. ▪ Integrate hazard and climate change, land use (including housing), transportation, parking, infrastructure, urban design, and economic competitiveness into a unified conceptual plan. ▪ Be developed with the technical expertise of the consulting team and Town staff and extensive and regular communication with, and input from, the public. ▪ Become a portion of the Estes Valley Comprehensive Plan and will update and replace the existing and outdated 1996 downtown subarea plan currently in the Comprehensive Plan. This plan for the future is necessary for the community to: ▪ Sustain a thriving economy; Exhibit A Page 2 of 33 ▪ Sustain and improve the high-quality of life for residents; ▪ Improve the capacity of the Town to remain a competitive guest destination; ▪ Quickly recover from catastrophic events whether natural or economic. 1. Process At a minimum the public planning process and final plan shall include the following: 2. Public Outreach and Engagement The process of developing the Downtown Plan is as important as the document that is produced. The Town of Estes Park desires a plan that is developed with public and stakeholder input. Public outreach and engagement will reach all sectors of the community, including downtown property and business owners, downtown workers, residents and minority communities. Public Outreach and Engagement will include, but not be limited to:  A kick-off meeting to explain the Downtown Plan process and invite participation in the process.  Include tools to engage community interest and input.  Public meetings and workshops, online participation, meetings with a Town appointed Ad Hoc Task Force Opportunities.  Methods for regular communication about the project, maintaining contact lists and tracking public comments and responses to comments.  The public process will follow the Town Protocol working with the Town Public Information Officer.  Continually engage and work with Town staff, stakeholders, decision-makers, citizens and government agencies.  Organize, facilitate, and participate in meetings with the Downtown Plan Ad Hoc Task Force (to be appointed by Town Board), a Technical Advisory Committee (TAC), Planning Commission and Town Board as well as Community Development Department and Public Works staff.  Provide presentations on the Downtown Plan for input from stakeholders, including but not limited to, Visit Estes Park, the Estes Park Economic Development Corporation, Estes Park Housing Authority, Estes Valley Watershed Coalition, Estes Valley Partners for Commerce Downtown Business Partners, and Creative Arts District.  Coordinate and incorporate technical data from ongoing related planning efforts into the Downtown Plan. 3. Downtown Plan Contents A Downtown Plan will be provided to the Town of Estes Park for its use and is anticipated to include the following elements: ▪ Vision ▪ Existing Conditions and Key Issues Exhibit A Page 3 of 33 o Market and Housing Analysis ▪ Economic Competiveness ▪ Resiliency to Natural Hazards and Climate Change ▪ Land Use Alternatives ▪ Placemaking and Creative Endeavors ▪ Downtown Character/Design ▪ Transportation (Pedestrian, Transit, Vehicular) ▪ Public Infrastructure ▪ Implementation and Monitoring ▪ Public Outreach and Engagement Order is not intended to convey that one element is a higher priority than another. All elements will be integrated into a unified, multi-objective plan. Each element is anticipated to include an: ▪ Introduction ▪ Analysis of facts ▪ Key issues ▪ Vision ▪ Policies ▪ Goals ▪ Objectives ▪ Action/Implementation Steps ▪ Illustrative designs, photos, images, and maps B. Plan Boundary The Downtown Plan will cover the downtown core, entry nodes to downtown such as Piccadilly Square. A location map showing the boundary of the Downtown Plan area is attached as Exhibit A. Stanley Village is included for the purpose evaluation Transportation element only. C. Vision A vision for Downtown Estes Park will be created that integrates all elements of downtown. D. Existing Conditions and Key Issues Existing conditions shall be inventories and key issues identified. However, inventory of existing conditions will be limited given that the Town has numerous studies and plans that inventory existing conditions. To the maximum extent feasible, the Consultant shall re-use the information in these studies and plans to compile an inventory of existing conditions. The Consultant shall also ensure that duplication of effort with ongoing planning efforts does not occur. Key issues identified in the attached Exhibit B shall be addressed in the Downtown Plan. Regulatory Analysis Exhibit A Page 4 of 33 An analysis of existing Town regulations will be prepared to identify regulatory barriers to private development in downtown and changes necessary to achieve the vision for downtown developed through this planning process. This review will recommend zoning code changes that will remove regulatory barriers and guide both private and public sector improvements to support downtown goals. Mapping A series of downtown plan maps will be prepared to support the Downtown Plan and how elements are integrated in a unified multi-objective plan. Maps will be prepared using existing Town GIS layers to the maximum extent feasible. Market Analysis A market analysis specific to downtown will be prepared that addresses current market conditions, challenges in renewal or re-positioning of existing land uses, issues with the commercial building stock and potential for land assembly, public infrastructure needs and funding, and identify a market position and market area for the downtown, and identify opportunities for commercial development downtown. Housing Analysis The housing analysis will address housing conditions in the Downtown Plan area including availability of work force housing, with special attention will paid to the opportunity to encourage multi-story work force housing and artist live-work space. Housing affordability, condition and type of existing housing stock and opportunities, constraints for new housing in the downtown and an analysis of existing and anticipated demand for downtown housing will be completed. The analysis will complement, not replicate, the Housing Needs Study currently being developed by the Estes Park Housing Authority. The roles, both public and private sector, and implementation steps needed to increase the supply of housing in the downtown is to be identified. E. Economic Competitiveness Create an economic competitiveness vision for downtown. Recommendations for economic competitiveness will be identified. Such strategies will be informed by best practices across a broad range of resort communities and in concert with local stakeholders such as the Estes Park Economic Development Corporation. F. Resiliency to Natural Hazards and Climate Change Element Create a resiliency vision for downtown that includes resiliency to flood hazards, wildfire hazards, and climate change. Recommendations for flood mitigation specific to enhancing the downtown attractiveness, public spaces, business growth and housing options will be identified. Exhibit A Page 5 of 33 Mitigation techniques such as, but not limited to, managing flood water flows on Elkhorn Ave or selective channel widening with riverwalk improvements are to be evaluated. Illustrative designs for recommended flood mitigation techniques will be included. Optimal flood mitigation solutions will be identified. G. Land Use Alternatives Create a land use vision for downtown. Three (3) illustrated alternative land use plans for downtown will be developed. Some examples of topics include opportunities for development, areas for infill development, changes in building height and floor area ratio, options for housing (attainable, workforce, and market), pedestrian and bicycle flow through downtown, connectivity to downtown, transit and shuttle stops and hubs, parking, opportunities for infrastructure improvements and public spaces and amenities for downtown will be depicted in each scenario. H. Placemaking and Creative Endeavors Create a placemaking and creative endeavors vision for downtown. Evaluate and make recommendations to enhance existing placemaking assets and introduce new placemaking assets. Placemaking assets to be explored may include, but are not limited to:  Concepts for expanding and improving the Riverwalk, creating a sense of discovery in the pedestrian experience, including opportunities for history, points of interest, and creative arts walking tours.  New public features such as outdoor public art;  Informational signage including information advertising public events;  Free public Wi-Fi;  Improve connections between public spaces utilizing natural features, such as Fall River;  Public interactive recreational features such as water fountains, climbing boulders, fishing, and kayak courses. Recommendations for fully incorporating art and other creative endeavors, including artists, creative businesses, and creative entrepreneurs, into the downtown will be included. An assessment of current placemaking assets downtown will be developed. This assessment will include assets such as public restrooms, art, seating and rest areas, public gathering areas, and cultural performance venues. I. Downtown Character/Design Create a vision for the downtown character and design. Identify the character, form, and activities that defines the downtown as a unique destination and downtown area for guests and residents. A character study detailing building and public space attributes will be prepared. Key architectural features, building design and placemaking amenities that are important to maintaining the unique character of downtown will be developed. Exhibit A Page 6 of 33 Concepts for key opportunity sites will be developed. Form base code and/or urban design guidelines for new and infill development may be considered along with design themes that will unify public infrastructure improvements, such as materials, color, features and style. J. Transportation (Pedestrian, Transit, Vehicular) This element will identify and recommend: ▪ Congestion management techniques to address traffic flow in downtown and access to and from Rocky Mountain National Park (RMNP). ▪ Evaluate the relationship of vehicular, pedestrian, bicycle, transit, shuttle systems, tour bus operations, tourist rides (e.g., horse carriage rides) and emergency vehicle access in downtown. ▪ Methods to incorporate alternative modes of transportation into downtown (e.g., bicycles and associated bicycle routes, pedestrians and pedestrian routes, transit and shuttle stops). ▪ Identify ways to reduce conflicts between alternative modes of transportation (e.g., vehicular and pedestrian conflicts. ▪ Recommendations for vehicular directional signage in keeping with the downtown character and Visit Estes Park branding. Parking Recommendations for parking regulations and management of public parking and downtown employee parking are to be included and connectivity of parking to downtown destinations and relationship to shuttle and transit systems. Recommendations for additional parking downtown, including structured parking. Streetscape The plan will recommend strategic streetscape options, including but not limited to motor vehicle travel, while recognizing that streets are places where people engage in various activities. Visual elements of a street, including the road, adjoining buildings, sidewalks, street furniture, trees, and interactive amenities all combine to form the downtown character. Consideration will also be given to creating characteristics that visibly distinguish residential streets from the downtown corridor via decorative medians, landscape or circular planters to uniquely signify the neighborhood entry. Pedestrian Wayfinding and Connectivity Identify key pedestrian connections including connectivity to parking, downtown destinations, nearby trails such as the Fall River Trail and Lake Estes Trail, and adjacent neighborhoods. Evaluate riverwalk and alley “makeover” projects to enhance pedestrian connectivity. Identify necessary wayfinding improvements, including but not limited to signage improvements. Exhibit A Page 7 of 33 K. Public Infrastructure Identify public infrastructure improvements (e.g., water, sewer, and communication system improvements) necessary to support infill development and business growth in the downtown. L. Implementation and Monitoring The Downtown Plan will include an implementation and monitoring element. This will include: ▪ Recommend priority projects; ▪ Timeframes for implementation; ▪ Coordination of public and private sector improvements; ▪ Identify the entity responsible for implementation; ▪ Provide generalized cost estimates; ▪ Potential funding mechanisms and sources; and ▪ And a regularly process for evaluating plan implementation progress. M. Public Outreach and Engagement Include a summary of the public outreach and engagement process, summary of public comments and explanation of how the comments were incorporated. III. PREPARATION OF PROPOSALS – INSTRUCTIONS TO CONSULTANTS A. Communication 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 communication regarding this RFP, including technical questions, required for RFP clarifications shall be directed to: Town of Estes Park Community Development Attn: Alison Chilcott PO Box 1200 170 MacGregor Avenue Estes Park, CO 80517-1200 (970) 577-3720 achilcott@estes.org All questions shall be submitted in writing to the contact above, by the deadline listed in Section IV.B. Proposed Procurement Schedule. B. Proposed Procurement Schedule Issued RPF Available July 22, 2015 Submittal of Questions Close Date July 30, 2015 Issuance of any RFP Addenda August 4, 2015 Finalist Notified of Interview August 17, 2015 Consultant Interview Date August 20, 2015 Staff Memo to Town Board August 20, 2015 Consultant Selected by Town Board: August 25, 2015 Exhibit A Page 8 of 33 Staff Memo to Town Board September 3, 2015 Town Board Approval of Contract September 8, 2015 Notice to Proceed Issued September 9, 2015 First Draft of Plan January, 2015 Downtown Plan Completion March 31, 2016 Plan Adoption/Approval May 31, 2016 1. Submittal of Proposals a. Proposing consultants shall comply with all conditions, requirements, and specifications contained herein, with any departure constituting sufficient cause for rejection of the Proposal. b. Proposals must be received prior to 3:00 p.m. Mountain Daylight Time (MDT) August 11, 2015. Proposals may not be modified or withdrawn after 3:00 p.m. MDT. c. It is the consultant’s responsibility to deliver the proposal package to the proper address by the due date. d. Late Proposals will not be accepted and any Proposal so received shall be returned to the proposing firm unopened. e. Proposals shall be addressed to: Town of Estes Park Community Development Department, Room 210 Attn: Alison Chilcott 170 MacGregor Avenue, Room 210 P.O. Box 1200 Estes Park, CO 80517-1200 f. Proposal packages shall be submitted in a sealed package plainly marked on the outside: Name of Consultant Subject: Proposal for Professional Services – Estes Park Downtown Plan g. Cost estimates and billing rates must be submitted in a separate sealed envelope plainly marked “Proposal for Professional Services Costs – Estes Park Downtown Plan” h. Submittals transmitted directly to the Town of Estes Park electronically or by fax will not be considered. The Town of Estes Park accepts no responsibility for lost or misdirected submittals. i. To be considered, the Consultant must supply all the information requested, in printed form as requested by the document. The response must be signed by an individual who is authorized to commit the Consultant to a binding agreement. j. All materials submitted in response to this RFP become the property of the Town of Estes Park, and will not be returned. Exhibit A Page 9 of 33 k. Proprietary information in a 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. In general, it is not acceptable to the Town of Estes Park to mark information other than financial data proprietary without the Community Development Director’s written authorization. Failure to adhere to this restriction could result in rejection of the entire Proposal. l. No Proposal will be accepted from any person, firm or 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 Board of Trustees of the Town of Estes Park. m. Only one Proposal will be accepted from any person, firm, or corporation. n. All prices quoted must be firm for a period of ninety (90) calendar days from the Proposal submittal date and until work is completed on the project. o. 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. p. Town of Estes Park reserves the right to request a client list from the Proposer, for the purpose of determining potential conflicts of interest or for obtaining references. Said list shall be considered proprietary. q. The Proposal must be signed by a duly authorized official of the proposing Consultant submitting the proposal. 2. Proposal Contents Proposals shall include the following: a. Letter of Transmittal b. Project Team Qualifications c. Past Project Portfolio d. Statement of Familiarity of Location e. Proposed Project Schedule (if different from this RFP Proposed Schedule, provide brief explanation for adjustments) f. Consultant’s Fees (submitted in a separate sealed envelope) Letter of Transmittal Provide a letter of transmittal that is limited to: a. The name and signature of the individual who will: serve as the Consultant’s representative; have contracting authority to bind the firm in a formal Contract with the Town of Estes Park; and authority to sign the proposal; b. The name of the individual who will serve as the primary contact person for the Consultant’s work; c. A description of the corporate ownership of the Consultant or the prime consultant in the case of a proposing team; and d. Acknowledgement of receipt and concurrence of all RFP addenda. Exhibit A Page 10 of 33 Project Team Qualifications A. Required Expertise and Experience The project team must demonstrate expertise and experience in the following: ▪ Public process, communication and facilitation ▪ Visioning ▪ Market/Economic Feasibility Analysis ▪ Market Trends Analysis ▪ Competitive Set Analysis ▪ Brand Awareness ▪ Land Use Planning ▪ Infrastructure Planning ▪ Urban Design ▪ Landscape Architecture and Trail Design ▪ Transportation Planning ▪ Hazard Mitigation ▪ River Engineering ▪ GIS Mapping ▪ Resiliency Planning ▪ Report Preparation and Presentation B. Demonstration of Project Team Qualifications 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 subconsultants, including measures to assure the consistency and retention of key personnel of the Project Team. 2. A summary of the Proposer’s business operations and capabilities as they pertain to the Proposal of not more than three (3) pages in length. If the proposed Project Team includes subconsultants, a summary of not more than one (1) page in length may be provided for each subconsultant. Inclusion of any other descriptions of a firm’s overall business, or promotional material is not encouraged and will not receive review. 3. For the Project Team’s project manager, key personnel, and subconsultants 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 project requirements; e. Examples of relevant projects f. Education and relevant registrations; and g. Years of professional experience. 4. Downtown Plan project tasks and work responsibilities for all consulting team members, including subconsultants, and amount of time dedicated to each task shall be identified. Exhibit A Page 11 of 33 Project Schedule and Budget Management Describe Consultant’s standards and procedures for Project schedule and budget management, quality control and quality assurance, communications, and record keeping. Describe standards and procedures for Project and schedule management with particular emphasis on local government administered, state grant funded projects. Timeline Provide a Project timeline outlining the dates and specific tasks necessary to complete the Project; including the specific employees involved. Include an hour estimate, summarizing the approximate number of hours for each phase or task for each individual assigned to the Project, including subconsultant personnel. Cost The Town of Estes Park plans to contract for services rendered based on Town of Estes Park’s contracting process. Fees are to be submitted in a separate sealed envelope with five (5) hard copies and one (1) electronic copy. Narrative A narrative summarizing the Consultant’s understanding of the requested services and proposed approach, including the methods and means by which the proposing firm will perform the services outlined in the Request for Proposals. References a. A list of at least three (3) references from clients for which similar services have been provided. Include current contact names, addresses, telephone numbers, and project costs ($) and statements from the same clients explaining their experience with the proposing firm. b. An executed Reference Authorization and Release Form, Exhibit E. Insurance A copy of the firm’s Certificates of Insurance, Workers’ Compensation and Commercial General Liability Insurance. Additional Information Any other information deemed necessary by the proposing firm. IV. PROPOSAL EVALUATION CRITERIA 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 the purpose of this RFP. The Consultant selected for the award will be chosen on the basis of the greatest apparent benefit to the Town of Estes Park and the qualifications of the proposing firm(s). In addition, the Town will comply with Colorado Revised Statute (CRS 24-30-1403), (24-30-1408) and Title 23 CFR Part 172. Proposals shall be evaluated on the basis of the Evaluation Criteria noted herein. Exhibit A Page 12 of 33 Proposals will be evaluated by a selection committee assigned by the Town Board of Trustees or designee. The committee may make a selection on the basis of the Proposals received or may request interviews by some proposers. The Town of Estes Park Mayor and Board of Trustees, shall make the final determination of the firm selected. Proposals shall be evaluated on the basis of the following criteria: A. Responsiveness to the Schedule B. Experience and Approach The consulting team’s combined experience and approach, including the experience and resumes of key personnel assigned to the project, with a demonstrated history of: 1. Relevant Experience. Successful development and implementation of downtown plans with at least three (3) examples of successful downtown plans. 2. Public Engagement. Successful facilitation of public outreach and community meetings, with inclusive public engagement. 3. Market Analysis. Experience with performing market and housing analysis in small town tourist economies. 4. Infrastructure Planning. Knowledge of infrastructure design and planning, including, but not limited flood and stormwater management, streets, domestic water, and wastewater. 5. Coordination. Skill in coordinating with local stakeholders, such as business owners and organizations, housing advocates and residents as well as local, State and Federal agencies. 6. Conceptual Drawings. A commitment to illustrative designs that reflect innovative planning solutions for tourist destination towns and incorporate resilient design techniques, integrated transportation systems, low-impact stormwater management, and sustainable neighborhood principals. 7. Benefit/Cost Analysis, Phasing and Financing. The ability to prioritize and perform a benefit/cost analysis of multiple projects and provide a phased approach with financing options for implementation of multiple projects and long-term maintenance. C. References References from past clients of similar projects and statements from the same clients explaining their experience with the proposing Consultant. D. Interviews A selection committee appointed by the Town Board of Trustees will review the proposals based on the criteria listed in Section A above. Interviews are anticipated to be scheduled on August 20, 2015. Exhibit A Page 13 of 33 Consultant teams should be prepared to attend the interviews with key personnel and make a 10 minute presentation on their approach to the Downtown Plan process, key issues their proposal addresses and public engagement strategy. E. Final Selection The selection committee will make a recommendation to Town Board for final selection and contract approval. It is anticipated that a recommendation will be forwarded to Town Board for its consideration and approval in September 2015. Final contract authorization is contingent upon the completion and approval of the final contract between the Town of Estes Park and the State of Colorado. V. 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 complete this project. A. 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. B. Solicitation Amendments Prior to submittal due date and time, the Town of Estes Park reserves the right to change portions of this RPF. 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 issue 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. C. Incorporation of Documents This Solicitation document, any subsequent Amendments, and the Consultant’s Response will be incorporated into the resulting Contract. D. 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 any obligation or liability. 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 contract to the most responsive and responsible proposing firm as deemed in the best interest of the Town of Estes Park. E. 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 Exhibit A Page 14 of 33 receipt of a Notice to Proceed from the Town of Este Park. The Consultant will hold a Project Kickoff meeting with the Town of Estes Park Staff and Ad Hoc Committee within two weeks of Notice to Proceed. In terms of Town Staff, the meeting will include, but not be limited to, Community Development and Public Works staff, and the Town Public Information Officer F. 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. G. 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 Consultant Selection by Town Board. H. Insurance Certificates are 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. Refer to Sample Professional Services Agreement attached as an Exhibit D to this proposal for insurance requirements. Certificates must be approved by Town Staff prior to issuance of Contract. I. 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. J. Contracting Dependent on Executed Contract between Town and State Contracting will occur after a fully executed contract between the Town of Estes Park and State of Colorado is in place for the $190,000 Energy and Mineral Impact Grant award. K. 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 entities. The Town of Estes Park’s point of contact (POC) person for this project is: For the Town of Estes Park: Alison Chilcott Community Development Department Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 (970)-577-3720 achilcott@estes.org Exhibit A Page 15 of 33 2. All information that the Consultant may require will be coordinated through the Town of Estes Park. 3. Following award of the Contract, the Consultant will propose a Communications Protocol for Town review and approval. 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: 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. L. 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. Consultant shall document all telephone communications regarding the project. 4. The Consultant shall regularly update the project website with information in order to be responsive to changing conditions, tracking progress and milestones, or as requested by the Town of Estes Park. 5. The Project Schedule shall be updated showing progress versus approved schedule and submitted as part of each Project Status Report. 6. 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. Exhibit A Page 16 of 33 7. All information related to Downtown Plan process will be provided to the Town of Estes Park upon completion of the contract. M. Fees and Payment It is anticipated the contract will be awarded with a not-to-exceed value of $190,000. Payments shall not exceed the Total Contracted Value, for which the Town will generate a Purchase Order. 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. Community Development will approve invoices on a monthly basis. The amount of such payment shall be based on progress reports. Invoices must be sufficiently detailed including consultant dates, descriptions of activity/task by person, hours, location, and rate. Once an invoice is approved by Community Development, the Finance Department will process according to the Vendor Payment Schedule. Invoices shall meet or exceed minimum Colorado Department of Local Affairs Energy and Mineral Impact grant requirements to ensure the Town is fully reimbursed for all work performed by the Consultant and subconsultants. Subconsulting 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 May 31, 2016 (or until all documentation is approved). N. Subconsultants Consultant shall indicate in the Proposal any work intended to be performed by subconsultants or persons outside their firm. The Consultant shall name the subconsultants, if known, at the time of the Proposal. With written permission of the Town of Estes Park, the Consultant may hire subconsultants not identified in the Proposal to complete portions of the plan if the Consultant lacks sufficient in- hours expertise or capacity. Subconsultants shall be bound to meet the same quality standards and schedules and provide the same level of documentation as the Consultant. O. Financial Capabilities The successful proposer must be financially capable and solvent in fulfilling the requirements of the proposed Contract. Exhibit A Page 17 of 33 P. Conflicts of Interest The Consultant Project Team must be an independent third party during preparation of the Downtown Plan. 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 subconsultants 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. Q. 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 Town of Estes Park, or as may be required by law. R. Equal Opportunity Employer Consultant is an Equal Opportunity Employer and no otherwise qualified individual shall be subject to discrimination on the basis of race, color, religion or religious affiliation, sex, familial status, age, genetics, disability, or national origin in any phase of employment for this position. S. Small Business, Minority and Women Enterprises Consultant shall make an effort to use small, minority, and women-owned business enterprises whenever possible. Exhibit A Page 18 of 33 EXHIBIT A: BOUNDARY MAP Exhibit A Page 19 of 33 EXHIBIT B: BACKGROUND AND KEY ISSUES The Estes Valley is home to about 8,600 residents per the 2010 Census. Estes Park is a classic Colorado mountain resort community adjacent to Rocky Mountain National Park (RMNP), the fifth most visited national park in the country, with approximately 3.4 million annual visitors. The Town, in particular downtown, serves as the economic hub of this unique mountain area. The Town’s economy is fueled by guests visiting RMNP, the vast majority of who also visit Estes Park. In addition, downtown Estes Park’s unique mountain setting, wildlife, and growing arts and culture scene makes it a popular destination in its own right. Location Map Town officials, business owners and residents recognize that downtown Estes Park is at a critical juncture with many pressing issues requiring action converging at the same time. All of which are important issues behind the desire to prepare a Downtown Plan. These include, but are not limited to: ▪ Increased awareness of flood risk ▪ Ongoing wildlife hazard risks ▪ Increased awareness of climate change Exhibit A Page 20 of 33 ▪ Ongoing traffic congestion and parking issues and associated pollution concerns ▪ Shifting lifestyle values ▪ Changing demographics ▪ Changing guest demands and increasing competition for guest dollars All of these issues have an impact on the unique character, vitality and economic competitiveness of downtown Estes Park. Downtown has an eclectic mountain atmosphere that reflects its historic development pattern. The attributes that make downtown special to locals and unique to guests may be in jeopardy as new outside economic pressures draw revenues, workers and private investment away from Estes Park. A. Vision for the Future Many residents and business owners have expressed concern that there is not a comprehensive vision for downtown. No one document integrates all the policies, goals, programs and projects that affect downtown Estes Park. A clearly articulated vision for downtown is needed that implementation actions for downtown to achieve the vision. The now almost twenty-year old Estes Valley Comprehensive Plan is an adopted guiding document developed through a public process that establishes a vision and goals for downtown. However, the vision, goals, and policies need to be revisited and updated through this downtown planning effort given the issues currently facing downtown. The Comprehensive Plan contains several vision/policy statements related to downtown: ▪ Serve as a key economic engine for the Town of Estes Park and the Valley. ▪ Maintain the downtown’s function as the Estes Valley’s focal point of guest shopping and entertainment activity. ▪ Develop as an exciting, mixed-use, urban core with open space along the rivers and an intimate pedestrian scale. ▪ Develop in ways that integrate and even enhance the qualities of the streams, rivers, topography and other natural assets of the area. ▪ Have a predominance of compact and pedestrian-scale retail, service and office uses. ▪ Provide a wide variety and relatively high intensity of retail and commercial services for both residents and visitors. ▪ Provide alternative housing choices for the Valley’s workforce, especially employee housing and housing mixed with commercial or retail uses. B. Economic Competiveness Several factors undermine the Town’s future ability to remain a competitive and economically vibrant destination. These include, but are not limited to: Exhibit A Page 21 of 33 ▪ High risk of recurrent flood damage; ▪ Increased cost to businesses of purchasing flood insurance if flood risk is not mitigated and properties are placed in FEMA regulatory Special Flood Hazard Areas; ▪ Increasing traffic congestion downtown and associated pollution issues; ▪ Insufficient downtown parking to accommodate peak visitation; ▪ Inadequate directional signage for vehicles; ▪ Limited wayfinding for pedestrians; ▪ Insufficient, outdated, and aging public infrastructure; ▪ Aging building stock; ▪ Broadband opportunities; and ▪ Destination products are not evolving as quickly to keep up with the market. Destination products and attractions that successfully draw guests to mountain towns are quickly evolving. The products and services in Estes Park must compete with other mountain destinations, which are aggressively making investments in infrastructure to attract guests away from Estes Park on a year-round basis. The character of downtown is an important asset that needs to be integrated with the Visit Estes Park marketing strategy for the Estes Valley. The current marketing strategy and vision for the Estes Valley is deeply compromised due to the current constraints of downtown detailed within this RFP. C. Hazard Mitigation and Climate Change Flood Risk Mountain communities, such as Estes Park, live side-by-side with nature. Downtown Estes Park is located at the confluence of Fall and Big Thompson Rivers. The confluence of Black Canyon Creek with the Big Thompson River also occurs downtown, approximately 1,500 feet downstream from the Fall River/Big Thompson River confluence. Estimated/Draft Floodplain Map Based on Best Available Data Exhibit A Page 22 of 33 Floods are a part of the environmental history of Estes Park. The impacts of climate change may result in intense and frequent storm events, increased winter precipitation, and increased spring temperatures resulting in rapid snowmelt, and ultimately a faster spring runoff causing additional flooding. Downtown is intensively developed close to these rivers with approximately half the buildings in the commercial downtown corridor located less than fifty feet from the river channel and many approximately fifteen - twenty feet from the river banks. This development pattern, combined with highly constrained river channels and undersized bridges, puts downtown at a high risk for future flooding and associated repetitive property damages and losses. The main thoroughfares through downtown, Elkhorn Avenue and Moraine Avenue, are very susceptible to flooding. Loss of road access creates increased emergency response times, creating safety and welfare issues for residents and guests in the surrounding area. Town Hall, a critical facility, which houses 911 emergency dispatch, police, and internet, phone and cell services to the Estes Valley and outlying areas, is located downtown and is at risk of flooding that could result in damages to Town Hall and loss of critical services during a time of greatest need. The 2013 flood caused significant economic damage to the Town, the region and state. While Fish Creek experienced closer to a 500-year event (0.2% annual), the Big Thompson River was estimated to be approximately a 40-year event and Fall River was estimated to be approximately a 50-year event (2% annual). The inability of the river channels and bridges in DRAFT Based on Best Available Data Exhibit A Page 23 of 33 the downtown area to convey even these floodwaters resulted in widespread flooding throughout the downtown corridor. Downtown businesses sustained significant property damage and economic losses. Based on Town analysis, the estimated loss of income for downtown businesses post-flood in September through December 2013 is $7 million. Structure and content damages are estimated at $3.2 million. Post-flood analysis, which so far has not accounted for impacts of climate change, has revealed that downtown is expected to flood with more frequency and severity than previously predicted. Initial estimates for the cost of improvements needed to mitigate flood risk and avoid the vast majority of downtown being placed in a FEMA Special Flood Hazard Area are roughly estimated at $20 million. Hazard mitigation improvements that protect business and infrastructure investments, protect water quality, increase economic diversity and provide interaction with the natural environment, are central to keeping Estes Park an attractive and economically successful mountain community. Fire Many of the commercial buildings in the downtown were constructed in the 1950s and do not meet current building and fire codes, and some are not handicapped accessible. The threat of widespread fire damage is a concern in downtown because of this. The Park Theater Mall fire in 2009 could have spread and caused significant fire damage if wind and environmental conditions had been different. Many commercial buildings downtown pre-date current building and fire codes. Modernizing the commercial building infrastructure in the downtown is important for fire risk management. Wildlife Risk While not a focal point of discussion in the community since the 2013 flood, wildfire risk in the Estes Valley and downtown area remains high. D. Transportation (Pedestrian, Transit, Vehicular) Transit There is no year-round public transit system at this time. The Town does offer free shuttle service primarily during the peak summer season, a twelve week period from late-June to mid- September each year, with additional services for special events. Current and projected transit needs for downtown are critical, particularly given the seasonal traffic congestion, shortage of parking, and goal to increase in attainable housing downtown over the coming years. Vehicular Traffic and Parking With primary access to the Town and its neighbor RMNP being by vehicle; traffic circulation, congestion, and parking are concerns to residents, guests and business owners alike. Traffic and traffic delays have increased as visitation to Estes Park and RMNP has burgeoned making this a Exhibit A Page 24 of 33 key issue. The Town of Estes Park is engaged in a project with state and federal funds in the amount of $17.2 million to improve vehicular access through downtown Estes Park to RMNP. A NEPA Environmental Assessment is currently underway and includes evaluating the impact of design options. Moving traffic through downtown is an extremely high profile issue with strong public opinion. A decision on the selected alternative will be documented in the decision document in the Fall/Winter of 2015/2016. Alternatives are a one-way couplet or no action, i.e., the project ends and funding is lost. The Downtown Plan will be informed by decisions regarding this transportation project. The downtown plan will not be used to inform decisions about this transportation project. A key issue is how and where to move people through the Town of Estes Park to and from RMNP. Parking downtown is frequently at capacity in the summer months, creating additional traffic delays as guests search for parking in the heart of downtown. The Town is in the process of developing a transit hub with structured parking at the Visitors Center. While this will alleviate some of the parking issues downtown, additional parking improvements are needed. Pedestrian Flow Lack of wayfinding signage directing guests to nearby amenities, including those along the rivers such as the riverwalk, diminishes the “village” or “old town” experience of guests and residents alike. The pedestrian (guest/shopper) experience on Elkhorn Avenue is negatively impacted from both traffic and pedestrian congestion, while the riverwalk remains underutilized. E. Placemaking and Creative Endeavors The Town does not have a conceptual plan that coordinates public space downtown, how that space is used and managed or what placemaking assets are needed. While there is a great opportunity to create wonderful pedestrian experiences along the rivers, the combination of flooding, stormwater control and historical development patterns make it difficult for downtown to take full advantage of the river amenities. While there is a thriving creative community in Estes, there is no guiding vision on how creative endeavors, including placemaking through art, will be incorporated into the downtown. A nascent art district (the Estes Arts District) is coming online and will be active in the years to Exhibit A Page 25 of 33 come. It is worth noting that the boundaries of the Estes Arts District match the boundaries of this Downtown Plan. In order for people to linger downtown, there needs to be convenient and appealing placemaking assets, such as benches and seating, scenic rest areas, parks, interactive art and music, cultural centers, public restrooms, and other amenities. Current spaces and amenities may no longer be appealing or work as gathering spots. Estes Park Urban Renewal Authority (EPURA), which was dissolved in 2009, served as the catalyst to transform downtown following the Lawn Lake Flood of 1982. EPURA developed, implemented, and financed placemaking asset improvements. Placemaking asset improvements downtown are now primarily the responsibility of the Town. The Town has made improvements in bench/seating availability, public art, and park infrastructure since EPURA was dissolved; however, the guiding visions for these improvements is lacking and funding is more limited than it was under EPURA. F. Public Infrastructure The population of Larimer County has more than doubled, and annual visitation to RMNP has increased by over 500,000 visitors in the past 25 to 30 years. The number of guests visiting Estes Park throughout the year has also increased significantly. As population and visitation increase, more demands are placed on downtown Estes Park’s infrastructure. This infrastructure is aging and is comprised of, in some cases, clay sewer mains that may be undersized and insufficient to accommodate business growth in downtown, as are water mains serving those businesses. The undersized water mains also compromise the ability to fight fires downtown. Aging infrastructure is a barrier to development downtown. G. Land Use and Housing Choices The downtown core is zoned CD, Downtown Commercial, which promotes downtown as the main focal point of guest shopping, dining and entertainment activity for the Estes Valley. It is intended to encourage predominance of compact and pedestrian-scale retail, service and office uses in the downtown core. Residential uses, especially employee housing are encouraged to provide alternative housing choices for the workforce. The post office is considering moving out of its downtown location. If this occurs, future use of this land is a key issue. There are also significant opportunities for redevelopment downtown and development of underutilized public and private land. However, downtown zoning regulations have not been re-examined since adoption in 2000 to assess if they are achieving the goals for downtown. Almost no workforce housing has been developed during this time period. The height and floor area ratio (FAR) requirements in this zone district may be constraining redevelopment. These zoning constraints also impact the ability to provide housing choices in the downtown for workers and residents alike. Lack of Exhibit A Page 26 of 33 attainable and workforce housing negatively affects the ability of businesses to grow and offer services to residents and guests. Demographics are changing. There is a continual increase in the retired population and the housing preferences of retired baby boomers and the workforce millennials differ greatly. The Estes Park Economic Development Corporation preliminary market assessment identifies both affordable housing and an aging and more temporary population as critical concerns for the area. Exhibit A Page 27 of 33 EXHIBIT C: REFERENCE MATERIALS A. Existing Reference Materials Town Board Strategic Plan, 2015 Estes Valley Comprehensive Plan, 1996 Estes Valley Development Code, 2000 Estes Park Community Assessment, Downtown Colorado, Inc., 2013 Visit Estes Park Branding Strategy Visit Estes Park Economic & Fiscal Impact of Tourism on Estes Park Study Visit Estes Park Year-Round Visitor Study Visit Estes Park Visitor Survey Visit Estes Park Operating Plan Fall River Plan for Resiliency, 2015 Urban Land Institute Advisory Service Panel Report, 2014 Downtown Estes Loop Project, 2014 and Environmental Assessment, 2015 Estes Park Housing Authority Housing Analysis, 2008 Town GIS Map Layers Town of Estes Park Traffic Impact Study Analysis (Transit Facility/Parking Structure) Estes Park Citizen Transit and Parking Study Downtown Parking Survey, 2014 Results Town of Estes Park Citizen Survey, 2014 Economic and Fiscal Impact of Tourism on the Estes Park, Colorado Economy (Visit Estes Park) Northern Colorado Hazard Mitigation Plan Estes Valley Transportation Alternatives Study, 2013 Transportation Visioning Report, 2013 Downtown Estes Park Hazard Mitigation Grant Application B. Planning Efforts Underway Estes Valley Recreation and Parks District 2016 Master Trails Plan Town of Estes Park Intelligent Parking Study Town of Estes Park Transportation Advisory Board Parking Plan Estes Park Economic Development Corporation Economic Development Planning Estes Park Economic Development Corporation Competitive Broadband Project C. Upcoming Planning Efforts 2016 Big Thompson Plan for Resiliency (to begin Fall/Winter 2015/2016) Estes Valley Hydrology Study for Big Thompson, Fall River, and Black Canyon (to begin Fall 2015) Estes Park Housing Authority Housing Analysis (to begin Fall/Winter 2015/2016) Exhibit A Page 28 of 33 EXHIBIT D: SAMPLE PROFESSIONAL SERVICES AGREEMENT Exhibit A Page 29 of 33 EXHIBIT E: REFERENCE AUTHORIZATION AND RELEASE FORM TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM To: A Corporation By: , A Partnership whose address is (Proposer) An Individual 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. By: Title: Date: Exhibit A Exhibit B Exhibit B Exhibit B COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Philip Kleisler, Planner II Date: October 13, 2015 RE: Resolution #16-15, Formation of Downtown Neighborhood Committee & By-laws Objective: Consideration of a resolution establishing the Estes Park Downtown Plan Steering Committee to give overall guidance to the planning process and ensure ample public participation in the development of the Downtown Plan. Present Situation: Citizen steering committees play a central role in master planning by ensuring adequate community representation to help guide the process. The Town proposed a steering committee when applying for funding for the Estes Park Downtown Plan. The Town Board is considering a recommendation tonight to execute a contract with Logan Simpson for the preparation of the Estes Park Downtown Plan. Proposal: The attached bylaws and job description outlines the general expectations of the volunteer-based Steering Committee. Primary expectations of committee members include: 1. Serve as advisors in support of the Estes Park Downtown Plan by giving overall guidance to the process and ensuring ample public participation in the development of the Plan. 2. Raise issues, review data, consider alternatives, discuss ideas, define vision and values, advise the downtown plan consultant team and make recommendations to Town Board on the goals, policies and strategies developed for the downtown plan. 3. Be a link to the community at large by sharing the planning process with friends, colleagues and interest groups in the spirit of information-sharing and outreach to different segments of the community. Staff has identified three key issues for the Board to consider with the consideration of this resolution. Key Issue #1: Residency Requirement Section 102.4.3.4 of the Town Board policy titled Town Committees states in part that “except by special circumstance as approved by the Town Board, all members of any Town committee shall be residents of the Town of Estes Park.” Section III.A of the draft bylaws reads that “members shall reside within the Estes Valley Development Code Boundary.” Staff recommends allowing residents of the unincorporated Estes Valley to be included in this committee for the following reasons: 1. Some downtown business owners or workers (e.g. realtors, lawyers, and food servers) may reside in the unincorporated Estes Valley, though still have strong and important connections to downtown. 2. The Downtown Plan will ultimately be incorporated into the Estes Valley Comprehensive Plan, which will require approval of both the Town Board and County Commissioners. Key Issue #2: Appointments Staff is recommending a slightly unorthodox method for the recruitment and selection of committee members (see bylaws Section III.A). The draft bylaws allow up to fifteen (15) members on the committee. The Town Board would interview and appoint eleven (11) members through the standard process practiced with other committees. Staff is asking for the ability to work with the Steering Committee and consultant team to identify the remaining four (4) members within the early phases of the project. The intent of this process is to recruit members that would have otherwise not chosen to be involved in this process and to allow for more flexibility in ensuring that the makeup of the committee adequately represents the community stakeholders. The Town Board would formally appoint these members. Key Issue #3 Committee Diversity Section III.A of the draft bylaws states that at a minimum the membership of the Steering Committee should include the following members of the downtown community: 1. Downtown residents; 2. Owners or operators of retail establishments, professional offices, food/drinking establishments; and accommodation businesses; Are there stakeholders not represented in this general list that the Board feels should be included? Advantages:  The committee will help ensure that the process and end product meets the community’s expectations.  Allowing the committee to recommend the final four members will help ensure that the committee is representative of the downtown. Disadvantages:  None noted. Action Recommended: Staff recommends adoption of Resolution #16-15. Committee announcements would be made following the adoption of this ordinance. Staff would then bring an action item to the Town Board’s October 27 meeting to form an interview panel to assess committee applicants. Budget: Staff anticipates few direct expenses as a result of the committee. Level of Public Interest: High. The Town received numerous comments on the draft request for proposals and 13 community members applied to serve on the Downtown Selection Committee Attachments: 1. Resolution #16-15 2. Committee job description RESOLUTION NO. 16-15 A RESOLUTION ESTABLISHING THE ESTES PARK DOWNTOWN PLAN STEERING COMMITTEE WHEREAS, pursuant to the provisions of the Town Board Governance Policy 102, Town Committees, the Board of Trustees of the Town of Estes Park, Colorado may authorize the formation of an Ad-Hoc Task Force for a specific project or task; and WHEREAS, the Town of Estes Park received funding through the Colorado Department of Local Affairs, State Energy and Mineral Assistance Fund, to prepare the Estes Park Downtown Plan; and WHEREAS, community involvement and direction throughout the planning process is critical to the long-term success of the plan; and WHEREAS, the Board of Trustees wishes to create the Downtown Plan Steering Committee to give overall guidance to the planning process and ensure ample public participation in the development of the Este Park Downtown Plan. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. The Board of Trustees hereby establishes the Downtown Plan Steering Committee, as more fully set forth in Exhibit A. Dated this _____day of October, 2015. Mayor ATTEST: Town Clerk Exhibit A DOWNTOWN PLAN STEERING COMMITTEE BYLAWS I. ROLE The Downtown Plan Steering Committee (DPSC) serves as advisors in support of the Estes Park Downtown Plan. The principal roles of the DPSC are to give overall guidance to the process and ensure ample public participation in the development of the Downtown Plan. The DPSC will be expected to raise issues, review data, consider alternatives, discuss ideas, define vision and values, advise the downtown plan consultant team and make recommendations to Town Board on the goals, policies and strategies developed for the downtown plan. The DPSC will be a link to the community at large and members are expected to share the planning process with friends, colleagues and interest groups in the spirit of information-sharing and outreach to different segments of the community. In addition to these bylaws, the DPSC operates under the terms of the Town Board Policy Governance Policy 102 Town Committees. A copy of that procedure, along with these bylaws, shall be provided to each member at the time of their appointment. II. MEETINGS A. Regular Meetings shall be held at least once per month or as established by a meeting schedule adopted by the DPSC in coordination with the consultant team. Any item on the agenda which cannot be heard and considered by the conclusion of the meeting may be continued until and heard at the next regularly scheduled meeting or a specially scheduled meeting and shall have priority over any other matters to be heard and considered. B. Special Meetings may be held at any time upon call by the Chairperson. The Chairperson shall call a special meeting upon request by the Town Board, Town Administrator or Community Development Department Director or upon request by three of the members of the DPSC. C. Cancellation of Meetings Regularly scheduled meetings of the DPSC may be canceled or rescheduled upon approval by two-thirds of the members of the Board. D. Meeting Procedures for matters requiring action by the Board, parliamentary procedure shall be followed in moving, discussion, and acting on such matters. E. Open Meetings All meetings and actions of the Board shall be in full compliance with State Statutes governing open meetings, as amended and incorporated herein by reference. It is the responsibility of the Staff Liaison to be familiar with these statutes and regulations F. Attendance by Non-members Meetings may be attended by persons who are not members of the DPSC. At the discretion of the Chairperson, nonmembers may be allowed to speak at meetings. However, in no event shall nonmembers be allowed to vote on matters for which a vote is taken. Exhibit A III. MEMBERS AND QUORUM A. The DPSC shall have no more than fifteen (15) members. Members shall reside within the Estes Valley Development Code Boundary. The Town Board may appoint eleven (11) members. Town staff, in consultation with the Downtown Plan consultant team and DPSC, may recommend the remaining four (4) members during the project implementation phase to the Town Board for appointment. Membership should be balanced, with representation from both downtown stakeholders and the community at-large. At a minimum, the DPSC will include the following members of the downtown community: 1. Downtown residents; 2. Owners or operators of retail establishments, professional offices, food/drinking establishments; and accommodation businesses; B. Terms shall be appointed to a nine (9) month term. The terms of the members shall commence upon appointment by Town Board. The terms may be extended or reduced at the discretion of Town Board based on the schedule of the Downtown Plan. C. Vacancies shall be filled by appointment by the Town Board for the unexpired portion of the term of the position to be filled. D. Recommendations for Appointment Upon request by the Town Board, the DPSC shall make recommendations for appointments to the Town Board. E. Ex-officio members of the Board shall not vote on matters requiring a vote by the Board. 1. Ex-officio members shall receive copies of all notices documents, and records of proceedings of the Board 2. Ex-officio members shall not be entitled to vote on motions before the Board F. Quorum A quorum shall consist of 2/3rds of the members of the Committee being present at the meeting. G. Action Action by the DPSC shall be by majority vote of the members attending any regular or special meeting at which a quorum is present, unless otherwise provided in these Bylaws. IV. OFFICERS A. Officers Officers shall include a chair, vice chair and secretary selected by the Committee. B. Elections Officers shall be elected by the members at the first regularly scheduled meeting. Officers shall be members of the Board. Notification of who is elected Chair will be sent to the Town Clerk. C. Chairperson responsibilities: 1. Preside at all meetings. 2. Insure that all meetings are conducted with decorum and efficiency. 3. Call special meetings in accordance with the bylaws. Exhibit A 4. Sign any documents prepared by the DPSC for submission to the Town Board or town departments. 5. See that decisions of the Board are implemented. 6. Represent the Board in dealings with the Town Board or other organizations. 7. The Chairperson has the same right as any other member of the Board to vote on matters before the Board and to speak for or against proposals, provided, however, that if the Chairperson desires to speak for or against a proposal which has been formally moved and seconded at a public meeting, the Chairperson shall relinquish the chair to the Vice-Chairperson while he or she is speaking. D. Vice-Chairperson responsibilities: 1. Assist the Chairperson as requested. 2. Accept and undertake duties delegated by the Chairperson. 3. Preside over meetings or perform other duties of the Chairperson in the event the Chairperson is absent or unable to act. E. Secretary responsibilities: 1. Prepare and deliver to the staff liaison the minutes of all meetings of the DPSC in an appropriate and designated file. 2. Accept and undertake duties delegated by the Chairperson. F. Removal from Office Any officer may be removed from office by a majority vote of the members of the DPSC in attendance at a meeting provided that at least thirty days notice has been given to all members that removal of the officer will be considered at such meeting. G. Officer Vacancies If any office is vacant, the members of the Board shall elect a member to fill the office for the remainder of the year. V. ATTENDANCE A. Regular attendance by the members of the Board is expected. VI. GENERAL PROVISIONS A. These bylaws may be amended at any regular or special meeting of the DPSC by a majority of the membership of the Board provided that notice of such possible amendments is given to all members at least 20 days prior to the meeting at which action is to be taken: Any amendments shall be subject to review by the Town Board. VII. COMPLIANCE WITH TOWN POLICIES A. The Board shall operate in compliance with the adopted Town Board policy on Town Committees, Policy 102 as amended. The terms of this policy are incorporated in these bylaws by this reference and are attached herewith. B. Volunteer members of the board will act in accordance to the adopted Town Volunteer Manual. VIII. CONFLICT OF INTEREST: A. A conflict of interest occurs when a person’s private, personal relationships or interests diverge so that an independent observer may reasonably question whether the person’s actions or decisions are determined by personal benefit, gain, or advantage. Exhibit A B. Members of committees shall not use their membership for private gain, and shall act impartially and not give preferential treatment to any private organization or individual. C. A member of any committee who has a personal or private interest in a matter proposed or pending shall disclose such interest to the committee; shall not vote on the item; and shall not attempt to influence the decisions of other members voting on the matter. Adopted this ___day of _______ ESTES PARK BOARD OF TRUSTEES By: ________________ Mayor GENERAL: The Estes Park Downtown Plan Steering Committee consists of fifteen volunteer members who each serve a nine month term, or until the completion of the project. All members are appointed by the Town of Estes Park Board of Trustees. AUTHORITY: The Estes Park Downtown Plan Steering Committee was established by the Board of Trustees in on October 13, 2015. The committee exercises the authority given to it by the Town Board as described in the committee bylaws, as summarized below. ESSENTIAL FUNCTIONS: The Committee shall: 1. Serve as advisors in support of the Estes Park Downtown Plan by giving overall guidance to the process and ensuring ample public participation in the development of the Plan. 2. Raise issues, review data, consider alternatives, discuss ideas, define vision and values, advise the downtown plan consultant team and make recommendations to Town Board on the goals, policies and strategies developed for the downtown plan. 3. Be a link to the community at large by sharing the planning process with friends, colleagues and interest groups in the spirit of information-sharing and outreach to different segments of the community. 4. Follow procedures outlined in the Committee bylaws. DUTIES: 1. Be prepared for, attend, and participate in committee meetings. 2. Attend community meetings coordinated by the consulting team. 3. Have a general knowledge of the Estes Valley Comprehensive Plan (especially the downtown neighborhood plan), committee bylaws and the Estes Valley Development Code. 4. Have an awareness of, and willingness to understand, community values, the role of local government, and the social and economic characteristics of the downtown. ADDITIONAL DUTIES: 1. May serve as chair or vice-chair and fulfill roles described in the committee bylaws. 2. May attend other public meetings as deemed necessary. ESTES PARK DOWNTOWN PLAN STEERING COMMITTEE JOB DESCRIPTION SKILLS AND ABILITIES: There are no minimum skills and abilities that an applicant must have to be appointed to the Estes Park Downtown Plan Steering Committee; however, the following list has been identified as those skills and abilities that make a highly functional committee. 1. Open mindedness, respect, and patience. 2. Willingness to listen and learn. 3. Ability to think in abstract terms. 4. Willingness to contribute, e.g., to speak in a public forum. 5. Ability to compromise and work within a team framework. 6. Ability to balance private benefit with public good. 7. Ability to consider facts related to an individual parcel and the effect of a development on the surrounding area and community as a whole. 8. A rudimentary understanding of the development process. 9. The ability to sustain harmonious working relationships with other committee members, residents, and the public. WORKING CONDITIONS/PHYSICAL AND MENTAL EFFORT: This position primarily conducts business indoors (80%) completing tasks such as participating in committee meetings. This position requires a lengthy attention span and involves sitting (80%), walking and standing (20%). Site visits and some outdoor community meetings (e.g. “coffee walks”) can involve inclement weather conditions. MINIMUM TIME REQUIREMENTS: The Estes Park Downtown Plan Steering Committee meets on an as needed basis. The Committee typically meets once every 1-2 months. Meeting preparation time typically takes at least one hour. MEETINGS: The dates and times for meetings will be determined following the appointment of committee members. TERM: Each member shall serve a nine month term, unless a shorter or longer term is required as a result of the project schedule. RESIDENCY: 1. All appointees shall reside within the Estes Valley Development Code Boundary. Visit www.estes.org/maps view the boundaries of the Planning Area. I understand the description of this position, including the essential functions and duties. Signature: ____________________________ Printed Name: _________________________ Date: _________________________ 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: October 13, 2015 RE: Scott Ponds Natural Area Dams Modification Construction Contract Award And Construction Management Contract Award Present Situation: As a result of the 2013 Flood, the east dam of the Scott Ponds drainage system was breached and damage to the west dam occurred. As a result of the damage, the State Dam Inspection Office visited the site multiple times and gave the Town a written mandate to perform maintenance on the west dam and to have a state compliant dam design in place by November 2015. To meet this mandate, The Town funded a design consultant who submitted a hazard classification study and a jurisdictional dam compliant set of plans and specifications to the State. The Town has applied for CDBG- DR funds to complete this work and is currently underway with a state Environmental Assessment of the property that is scheduled to complete mid-October. The Town and the Department of Local Affairs anticipates award of a grant at that time and has a “draft” grant agreement between the agencies to fund construction and construction management services for the required dam modification measures. In an effort to support our tight construction window, Public Works staff have begun draining the water in the ponds to aid in a drier construction site to allow the General Contractor to commence site work sooner. Proposal: On September 3, 2015, Public Works advertised a Request for Bid that would construct a jurisdictional dam for the Upper Carriage Hills Pond and construct a non-jurisdictional dam for the Lower Carriage Hills Pond. Four companies attended the mandatory pre-bid on September 9th. Of those four, two submitted a bid for construction. After three weeks of advertising, the bids were opened on September 25th. The following table contains the bids for each company: COMPANY CITY UPPER DAM LOWER DAM TOTAL FEE Kelley Trucking Golden $779,574 $360,009 $1,139,583 Dietzler Construction Berthoud $773,910 $410,305 $1,183,335 The bids were within 4% of each other – so there is confidence that the plans and specifications were clear and that these bids reflect the construction industry cost for this work. Both construction companies have good experience and references. Kelley Trucking submitted the lowest bid for the complete project. They submitted references from 2 recent dam construction projects that were successfully completed in the last 3 years and both bid at just under $1,000,000. Town Staff and its consultant have coordinated the bid evaluation with the State Engineer’s Office and recommend Kelley Trucking as the Scott Ponds Natural Area Dam construction company. There is concern that these bids are above the grant funding allocated to complete both dam repairs. The current grant funding allocates $1,000,000 of CDBG-DR money. This money is divided between 2 grant projects that includes the Scott Ponds Natural Area Dam Rehabilitation project ($850,000) and the Hydro Plant Bank Stabilization project ($150,000). Out of the $850,000, staff is allocating $780,000 for construction and $70,000 for construction management services. Construction Management services were included with the original design consultant bids, but not contracted. Once grant funding has been allocated, staff intends to follow grant guidelines and utilize the CDBG-DR grant funding source to complete contracts for both construction (Kelley Trucking) and construction management services (Cornerstone Engineering). Since the bids exceeded funding by $360,000, Staff is currently negotiating the scope of the project with Kelley Trucking and the State Engineer’s Office. Plans and specs have been submitted to the State and they are currently under review. There has been good coordination and sharing of ideas to redesign areas of the project to reduce cost and still have a plan that will meet the State jurisdictional requirements for the Upper Dam. The lower dam would be regraded to effectively route stormwater runoff through the site. Although a final plan and scope is not currently available to include in the PUP meeting memo, Staff is proceeding with the assumption that a construction cost of $780,000 and a construction management cost of $70,000 will be adequate to restore a jurisdictional dam on Carriage Hills Upper Pond and regrade the lower dam to safely convey storm runoff. We have verbal support that this scope modification is supported by the contractor, the State Engineer’s Office and the grant funding agency and does not change the funding amount or funding requirements. Action Recommended by Staff: To advance the Scott Ponds Natural Area Dam Modification Project and meet funding requirement goals of a final construction project completion date of March 31, 2016, Staff recommends awarding a construction contract to Kelley Trucking in the amount of $780,000. Staff also recommends awarding a construction management services contract to Cornerstone Engineering in the amount of $70,000. Budget: This project will be funded from a CDBG-DR grant. Currently there is $850,000 allocated to this project. This construction contract with Kelley Trucking will encumber $780,000 within that amount. The remaining $70,000 will be directed to a construction management services contract with Cornerstone Engineering that was included in the original design services proposal for the project. 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 community trail system. Sample Motion: I move for the approval/denial of a construction contract for the Scott Ponds Natural Area Dam Modification: Carriage Hills Dam #1 rehabilitation and Carriage Hills Dam #2 rehabilitation, to Kelley Trucking, for a project cost not to exceed $780,000. I move for the approval recommend/not recommend to the Town Board authorizing a construction management services contract for the Scott Ponds Natural Area Dam Modification: Carriage Hills Dam #1 rehabilitation and Carriage Hills Dam #2 rehabilitation, to Cornerstone Engineering, for a project cost not to exceed $70,000. Attachments: Construction Contract – Kelley Trucking Construction Management Services Contract – Cornerstone Engineering Note – Any item requiring a change to the Municipal Code, Development Code or any other action requiring an Ordinance to be passed by the Town Board is required to have the Ordinance included. Construction Agreement 7 Pages 1 TOWN OF ESTES PARK CONTRACT AGREEMENT THIS AGREEMENT is effective as of the day of ______ , 2015, by and between the Town of Estes Park (TOEP), a body corporate and political, P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter called OWNER) and Kelley Trucking, Inc_______(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Scott Ponds Natural Area Dams Modification Project Carriage Hills No. 1 Dam: Breach of Existing Dam Embankment & Remove Existing Outlet Works Install New Outlet Works Reconstruct Embankment Install Toe Drain Reconstruct Emergency Spillway w/Concrete Crest Wall, Grouted Riprap Channel & Stilling Basin Carriage Hills No. 2 Dam: Lower Existing Dam Crest 4 Feet Breach of Existing Dam Embankment Install New Outlet Works Install New Emergency Spillway w/Concrete Crest Wall, Grouted Riprap Channel & Spillway Excavate Existing Pond Area to Increase Pond Volume Article 2. PROJECT MANAGER The Project Manager shall be determined by the TOEP Public Works Department, and who is hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES The Work must be completed by February 15, 2016, and ready for final payment in accordance with the General Conditions subject to applicable laws regarding final payment. Construction Agreement 7 Pages 2 Article 4. CONTRACTOR PRICE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit prices times the quantities of work actually completed. Unit prices are those shown in the Contractor’s submitted bid proposal. Quantities of work actually completed will be determined by the PROJECT MANAGER. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by the PROJECT MANAGER as provided in the General Conditions. 5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town’s Annual Vendor Payment Schedule on account of the Contract Price on the basis of CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as provided by the General Conditions during construction as provided in paragraphs 5.1.1 and 5.2 below. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the General Conditions. a. Ninety-five percent (95%) of Work completed (with the balance being retainage). b. Ninety-five percent (95%) with the balance being retainage of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in the General Conditions). 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER will publically advertise the Project Completion for two weeks. Should no liens be officially posted the Owner shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER as provided in the General Conditions. Article 6. INTEREST Following settlement of any claims posted again this Contract; final payment will be made in accordance with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as provided in paragraph 27 of the General Conditions shall bear interest at the rate of 10% per annum compounded monthly. Construction Agreement 7 Pages 3 Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical data". 7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing the Work. 7.3 CONTRACTOR acknowledges he knows, understands, and accepts all plans, specifications, and design intent of the Work. 7.4 CONTRACTOR acknowledges he has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 7.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and timely completion of this project as illustrated by the plans, drawings, and specifications. 7.6 CONTRACTOR understands that he may make on-site layout and grading and construction modifications to achieve the desired intent. Such modifications/grading changes and layout cost are already included in the Contract Documents. 7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based Agreement, either based on: 1) unit prices 2) maximum lump sum amount: totaling $ 780,000 that shall not be exceeded or increased, except for contract changes allowed, agreed, and approved in writing. 7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to such damages or claims) to the OWNER or claimed by third parties against the OWNER, arising directly or indirectly out of CONTRACTOR'S negligent performance of any of the requirements, provisions, or services furnished under this Agreement. 7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers Construction Agreement 7 Pages 4 necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 9 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions. 7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consisting of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement. 8.3 Notice of Award 8.4 Notice to Proceed. 8.5 Information for Bidders. 8.6 Special Conditions. 8.7 General Conditions. 8.8 Drawings bearing the title: Carriage Hills No. 1 Dam Reconstruction Carriage Hills No. 2 Dam Reconstruction 8.9 Addenda (s). 8.10 Contractor’s Bid. (Bid Proposal, Bid sheet & Appendix) 8.11 Bid Bond 8.12 Performance & Payment Bond 8.13 Drawing or Plans (including CDOT and Larimer County documents as referenced) 8.14 Technical Specifications and Details. 8.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.16 Change Orders (post approval signatures) 8.17 Insurance Certificate, Business License, Tax Certification. Construction Agreement 7 Pages 5 8.18 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. The documents composing the Contract Documents are attached to this Agreement and made part hereof (except as expressly noted otherwise above). Contractors are required to comply with applicable federal, state, and local safety and health laws, regulations and ordinances. There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Documents is as follows: 1. Change Orders for clarification of drawings 2. This Agreement 3. Addenda 4. Drawings 5. Special Conditions 9 General Conditions Article 9. MISCELLANEOUS 9.1 Reference to the General Conditions shall include modification thereto by any Supplementary Conditions issued. 9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal Construction Agreement 7 Pages 6 representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the Retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 9.6 The OWNER has allocated sufficient funds to pay the contract price. PO#_________________. 9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.8 The Contractor certifies that the Contractor shall comply with the provisions 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. Construction Agreement 7 Pages 7 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by PROJECT MANAGER on their behalf. This Agreement will be effective as provided on the first page hereof. TOWN OF ESTES PARK By: ______________________________ By: __________________________ William C. Pinkham Title: ____________________________ Title: ________________________ (If CONTRACTOR is a corporation attach evidence of authority to sign.) Attest: __________________________ Attest: ______________________ Address for giving notices: Address for giving notices: 170 MacGregor Avenue P. O. Box 1200 Estes Park, Colorado 80517 970-577-3586 Page 1 of 8 PROFESSIONAL SERVICES CONTRACT This Contract is entered into this ____ day of __________________, 2015, by and between the Town of Estes Park, Colorado (“Town”) and Cornerstone Engineering & Surveying, Inc. (“Consultant”). Whereas, the parties desire to contract with one another to complete the following project: Scott Ponds Natural Area Dams Modification Project: Construction Management 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 $70,000. The Town shall make payment within thirty days of receipt and approval of monthly invoices, which shall identify the specific Services performed for which payment is requested. 3. Term. This Contract shall be effective from ____________ through March 31, 2015. 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 2 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 Page 3 of 8 the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of negligence of the Contractor, 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 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 Page 4 of 8 entity which entity and/or person shall be the recipient of any contract or work for the services provided by Consultant pursuant to the terms and conditions of this Contract. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant’s services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the Town. 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, unless approved by the Town. 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. 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. Page 5 of 8 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 Michael Todd, PE Public Works Engineering Manager Principal Town of Estes Park Cornerstone Engineering & Surveying, Inc. 170 MacGregor Avenue 1692 Big Thompson, Suite #200 Estes Park, CO 80517 Estes Park, CO 80517 Email: kash@estes.org Email: mtodd@ces-ccc.com 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 Due Date Responsible Party Notice to Proceed April 29, 2015 Town Conceptual Design April 30, 2015 Loris Consultant to Invoice Town May 13, 2015 Loris NEPA Study May 21, 2015-June 29, 2016 Loris Best Path of Trail Concept Design June 30, 2015 Loris Engineering Design 30% Complete (FIR) July 23, 2015 – December 9, 2015 Loris & Town Engineering Design 90% Complete (FOR) December 10, 2015 March 9, 2016 Loris & Town Final Construction Plan Approval April 20, 2016 Town Final CDOT Approval August 31, 2016 CDOT 13. Time of the Essence. Time is of the essence in performance of the Services and is a significant and material term of this Contract. 14. Entire Agreement. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Contract. 15. Assignment. The Consultant shall not assign this Contract without the Town’s prior written consent. 16. Governing Law. This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. Page 6 of 8 17. Instruments of Service. Drawings, models, specifications, research, reports, studies, data, photographs and other documents, including those in electronic form, prepared by Consultant and its subconsultants in the performance of obligations under this Contract are Instruments of Service for use solely with respect to the project identified in this Contract. Consultant and its subconsultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights; except that, upon execution of this Contract, the Consultant grants to the Town a non-exclusive, perpetual, fully-paid, non-revocable license to reproduce and use the Consultant's Instruments of Service solely in connection with the above-referenced project, including the project's further development by the Town and others retained by the Town for such purposes. The Consultant shall obtain similar licenses from its subconsultants consistent with this Contract. Consultant shall, during the term of this Contract provide the Town with copies of all Instruments of Service prepared by Consultant or its subconsultants contemporaneous with such preparation, and shall provide them in electronic format or any other format requested by the Town. 18. Attorney’s Fees and Costs. In the event it becomes necessary for either party to bring any action to enforce any provision of this Contract or to recover any damages from the other party as a result of the breach of this Contract, including, but not limited to, defective work, and the party that prevails in such litigation, the other party shall pay the prevailing party its reasonable attorney’s fees and costs as determined by the court. 19. Electronic Signature. This Contract may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101 et seq. Page 7 of 8 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 8 of 8 EXHIBIT A PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jon Landkamer, Public Works Facilities Manager Greg Muhonen, Director of Public Works Date: October 8, 2015 RE: Aggregate Storage Building 2015 Objective: Provide covered storage area for pothole patching operation aggregate so the Public Works Streets Division can operate year-round, weather permitting. Present Situation: The pothole spray-patcher was acquired this year and has been hard at work fixing potholes on Town of Estes Park streets. To continue the operation into the colder months, Public Works staff needs to protect the aggregate from snow, cold and soil contamination. To do this effectively we need to create an indoor space for the storage of this specialized aggregate. We are currently storing this aggregate in the existing sand/salt storage building, but will need to make space very soon for sand/salt in anticipation of our upcoming snow season. We are modeling this new facility off of the existing storage facility already in place next to the old Light & Power shop. Proposal: Public Works advertised this project in the local paper and on our website. We received interest from four fabric building manufacturers and one Front Range construction firm, but only received two bids. The following table contains information on the bids received from each bidder: Company City Manufacturer Total Fee Cover Solutions Grand Junction Natural Light Fabric Structures $63,610 Accu-Steel Iowa Accu-Steel $47,596 Action Recommended by Staff: Public Works is recommending that Accu-Steel be awarded the contract for installing the Aggregate Storage Building. Budget: The preliminary project budget for this building project was set at $75,000, using funds from the 1A tax initiative. The lowest Bid Proposal from Accu-Steel was for $47,596. Budget for the asphalt is proposed to be done in conjunction with other projects already in process with an estimated cost of $12,705. Concrete barriers used for the foundation of this building will be purchased and placed by Town staff for approximately $10,800. Project Budget Worksheet Item Company Cost Paving Coulson Excavating Included in separate contract with Coulson Excavating Co. Concrete barrier foundation Colorado Precast $10,800 Misc. parts/lights/solar $ 3,600 Steel and fabric structure Accu-Steel $47,596 Project Total $61,996 Level of Public Interest: Low The installation of the Aggregate Storage Building will allow the Public Works, Streets Department, to continue to address pothole repairs efficiently throughout the year, as temperature and weather allows. Sample Motion I move for the approval / denial of the authorization of the contract with Accu-Steel in the amount of $47,596 for the Aggregate Storage Building and additional costs as mentioned above for a total of $62,000. Attachments: Existing Sand/salt storage building Construction Agreement 16 Pages 1 TOWN OF ESTES PARK CONSTRUCTION AGREEMENT THIS AGREEMENT is effective as of the October 10, 2015 by and between the Town of Estes Park (ToEP), a body corporate and politic, P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter called OWNER) and Accu-Steel, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Aggregate Storage Building 2015 Work will include: a. Design and installation of the structure to comply with all local building codes b. Building permit required by Contractor(fees waived) c. Steel and fabric structure of approximately 3,200 square feet, or approximately 40’ by 80’ d. Installation of the steel and fabric structure on the concrete barrier walls e. Installation of a three foot wide worker access door on one end of the structure f. Installation of an overhead door measuring 14’ by 14’, installed on the same side as the worker access door g. Ventilation panel to be installed on solid end of the building h. Minimum of a ten year fabric warranty i. Electrical service to the structure to be installed by others (separate contract by TOEP) j. Asphalt to be installed by others (separate contract by TOEP) k. Concrete barrier foundation to be installed by others (TOEP staff) The project is being managed by the ToEP, Facilities Manager, Jon Landkamer, who is hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 2. CONTRACT TIME Prompt completion of the work is essential to the Owner. Time is of the essence in all respects regarding the Work. Contractor shall carry out construction of the project with all due diligence. The Work must be completed by December 15, 2015, and ready for final payment in accordance with the General Conditions subject to applicable laws regarding final payment. The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents. The contractor will proceed with the Work at such rate of progress to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for the completion of the Work described herein is a reasonable time, Construction Agreement 16 Pages 2 taking into consideration the average climate and economic conditions and other factors prevailing in the locality of the Work. If the Contractor shall fail to complete the Work within the Contract Time, or extension of time granted by the Owner pursuant to a Change Order, then the Contractor will pay to the Owner the amount for liquidated damages as specified in this Article. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to the following and the Contractor has promptly given Written Notice of such delay to the Owner. A. To any act of the Owner. B. To foreseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unforeseeable severe weather and acts of the federal or state government. C. Provision for unusually severe weather is included within the specified construction period. No further allowance for severe weather shall be made regardless of actual weather conditions, except for adverse weather of unprecedented severity as determined by the Owner. Contractor shall assume responsibility for adequate weather protection of work in progress and work in place, recognizing the inclement weather typical of the mountain environment and the season of the year. D. Any inconvenience or scheduling delays caused by the failure or neglect of any Subcontractor, suppliers or material personnel shall not be considered as an unforeseeable cause beyond the control and without the fault of the Contractor and further shall not be grounds for delay of the completion of the Work. The Owner shall have the right to deduct the amount of liquidated damages from any moneys due or to become due to the Contractor, or to sue for and recover compensation and his Surety, from the Contractor. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement, and that the OWNER will suffer financial loss if the Work is not completed in accordance with the contract time set forth in Article 2 of this Agreement. Further, the parties recognize that delays, expense and difficulties in proving in a legal proceeding the actual losses or damages including special, indirect, consequential, incidental and any other losses or damages suffered by OWNER if the Work is not completed, as required in Article 2 of this Agreement. Accordingly, and instead of requiring proof of such loss or damages, the parties agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $_500.00___ for each calendar day that expires after the time specified in Article 2 of this Agreement for Completion of Work. By execution of this Agreement, the OWNER and Construction Agreement 16 Pages 3 CONTRACTOR expressly agree that these liquidated damages amounts are reasonable under the circumstances existing at the time this Agreement is executed. Article 3. CONTRACTOR PRICE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit prices times the quantities of work actually completed. Unit prices are those shown in the Bid Proposal. Quantities of work actually completed will be determined by the PROJECT MANAGER. Article 4. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by the PROJECT MANAGER as provided in the General Conditions. 4.1 Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as provided by the General Conditions during construction as provided in paragraphs 4.1.1 and 4.2 below. 4.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the General Conditions. 4.1.2 Ninety-five percent (95%) of Work completed (with the balance being retainage), if the character and progress of the Work have been satisfactory to OWNER and PROJECT MANAGER. 4.1.3 Ninety-five percent (95%) with the balance being retainage of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in the General Conditions). 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER as provided in the General Conditions. Article 5. INTEREST All moneys not paid when due as provided in paragraph 27 of the General Conditions shall bear interest at the rate of 10% per annum compounded monthly. Article 6. CONTRACTOR'S REPRESENTATIONS Construction Agreement 16 Pages 4 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical data". 6.2 CONTRACTOR has reviewed the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing the Work. 6.3 CONTRACTOR acknowledges he knows, understands, and accepts all plans, specifications, and design intent of the Work. 6.4 CONTRACTOR acknowledges he has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 6.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and timely completion of this project as illustrated by the drawings and specifications. 6.6 CONTRACTOR understands that he may make on-site layout and construction modifications to achieve the desired intent. Such modifications and layout cost are already included in the Contract Documents. 6.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based Agreement with a maximum amount of $ $47,596 that shall not be exceeded or increased, except for contract changes allowed and agreed to by approved change order. 6.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 6.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to such damages or claims) to the OWNER or claimed by third parties against the OWNER, arising directly or indirectly out of CONTRACTOR'S negligent performance of any of the requirements, provisions, or services furnished under this Agreement. 6.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the condition of the existing roof or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 9 of the General Conditions; and no additional examinations, Construction Agreement 16 Pages 5 investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 6.11 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.12 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, may consist of all, or some, of the following: 7.1 This Agreement 7.2 Exhibits to this Agreement. 7.3 Notice to Proceed. 7.4 All written specifications. 7.5 General Conditions. 7.6 Bid Bond 7.7 Performance & Payment Bond 7.8 Drawings, Plans, and Details bearing the title: Aggregate Storage Building 2015 7.9 Addenda. 7.10 Contractor’s Bid. (Bid Proposal/ Price Quote) Aggregate Storage Building 2015, Invitation to Bid. 7.11 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.12 All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. Contractors are required to comply with applicable federal, state, and local safety and health laws, regulations and ordinances There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Documents is as follows: 1. Change Orders for clarification of drawings 2. This Agreement 3. Addenda 4. Drawings 5. General Conditions Construction Agreement 16 Pages 6 Article 8. MISCELLANEOUS 8.1 Reference to the General Conditions shall include modification thereto by any Supplementary Conditions issued. 8.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 8.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 8.6 The OWNER has allocated sufficient funds to pay the contract price.(Purchase Order #034527) 8.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by PROJECT MANAGER on their behalf. Construction Agreement 16 Pages 7 This Agreement will be effective as provided on the first page hereof. TOWN OF ESTES PARK By: ______________________________ By: __________________________ Title: ____________________________ Title: ________________________ William C. Pinkham (If CONTRACTOR is a corporation Mayor attach evidence of authority to sign.) Attest: __________________________ Attest: ______________________ Address for giving notices: Address for giving notices: 170 MacGregor Avenue P. O. Box 1200 Estes Park, Colorado 80517 970-577-3583 Construction Agreement 16 Pages 8 Construction Agreement 16 Pages 9 Town of Estes Park Public Works Department GENERAL CONDITIONS 1. CONTRACT DOCUMENTS: The Contract Documents are the General Conditions, Special Conditions, Technical Specifications and Details, Drawings, Bid Proposal, Notice of Award, Contract Agreement, Notice to Proceed, and Change Orders, all of which contain the provisions required for the construction of the Project. 2. CONTRACTOR: The entity with whom the Owner has entered into the Contract, acting directly or through lawful agents or employees, primarily liable for the performance of the Work. The Town Purchase Order shall be considered the legal binding contract. OWNER: All papers required to be delivered to the Owner shall, unless otherwise specified in writing to the Contractor, be delivered to: Town of Estes Park Attn: Jon Landkamer, Facilities Manager P.O. Box 1200 Estes Park, CO 80517 Phone: (970)577-3576 / Fax: (970)586-6909, jlandkamer@estes.org 3. WORK: The furnishing of all labor, materials, equipment, and other incidentals necessary and convenient to the successful completion of the Project. Work also includes the execution of all duties and obligations imposed by the Contract Documents and the entire completed construction of the various separate and identifiable parts thereof, required to be furnished under the Contract Documents. CONTRACTOR 4. The Contractor shall provide a copy of their insurance to the Town and protect and indemnify the Owner and its agents against any claim or liability arising from or based on the violations of such ordinances, regulations, or laws, caused by the actions of the Contractor, his agents, employees, and subcontractors. 5. The Contractor warrants to the Owner that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and to the satisfaction of the Owner, for fifteen full years starting from the time of final project acceptance. 6. The Contractor shall be required to remove all debris and excess material generated by the Work. The final cleanup shall be to the satisfaction of the Owner. The Contractor shall be responsible for disposal of all debris and excess material to a site furnished by the Contractor and in a Construction Agreement 16 Pages 10 sanitary and environmentally safe manner. SUPERVISION 7. The Contractor will supervise and direct the Work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. PROTECTION OF PERSONS AND PROPERTY 8. The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. They will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the Work and the public who may be affected thereby, all the Work and all the materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including pedestrian and vehicular traffic, trees, shrubs, lawns, fences, walks, pavements, roadways, structures and utilities, shown nor not shown on the plans which are not designated for removal, relocation or replacement in the course of construction. 9. The Contractor shall provide, erect and maintain all necessary watchmen, flag men, signing, traffic devices, barricades and sanitary facilities, as required by the conditions and progress of the Work and all other necessary safeguards for safety and protection, as set forth by the United States Department of Labor, Occupational Safety and Health Administration. He will notify owners and users of adjacent utilities when prosecution of the Work may affect them. He shall keep adjacent highways, streets and private access open to traffic and free of dirt and litter resulting from handling operations. SUBCONTRACTS 10. The Contractor may utilize the services of subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award Work to subcontractor(s), in excess of fifty percent (50%) of the total Contract Price, without prior written approval of the Owner. 11. The Contractor shall be fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Inconveniences and scheduling delays caused by one subcontractor on another shall be the responsibility of the General Contractor and not reflect additions to the contract time. PERMITS AND LICENSES 12. The contractor shall acquire a Town Business License prior to the Notice to Proceed. Construction Agreement 16 Pages 11 TAXES 13. This Project is tax exempt. The Contractor and any Subcontractor shall exclude all sales and use taxes administered by the State of Colorado from the bid amount submitted arising out of such purchase, if any, by the Contractor and any Subcontractor of any tangible property to be built into the Work. Building materials for construction work on property owned by tax-exempt organizations: religious, charitable and governmental, may be purchased tax free. However, the purchaser must have an Exemption Certificate. To obtain the certificate, the contractor must submit an "Application for Exemption Certificate" (DR 0172) to the Department of Revenue, (or contact the Town’s Finance officer). The sales and use tax exemption applies to materials that become part of the structure, highway, road, street or other public works owned and used by the tax-exempt organization. Also, electricity and most fuels consumed in performing real property construction are exempt. The purchase or rental of equipment, supplies, and other materials by the contractor is taxable. CHANGES IN THE WORK 14. The Owner may at any time, as the need arises, order changes within the scope of the Work. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment shall be authorized by Change Order. All Change Orders shall be in writing, executed by the parties and contain the amount of the adjustment in the contract price or the time required for performance of the Work. 15. All change orders shall be initiated by the Contractor and shall be accompanied by sufficient documentation to enable the Owner to determine the scope of the changes with regard to the change in the work, the amount of work required and any necessary change in the completion schedule of the project. No change orders shall be effective, and no work shall proceed, until such time as it has been approved and signed by the Owner. PARTIAL PAYMENT 16. The Contractor, after the last day of the month in which work on the Project was performed, shall prepare for the Owner's approval, a partial payment estimate of the value of the Work in place. The Owner shall retain five percent (5%) of the total value of the amount the Contractor has earned to date. Payment to the contractor shall comply with the Town annual pay schedule. SEMI-FINAL INSPECTION 17. Upon preparation by the Contractor of the final partial payment estimate, the Contractor shall advise the Owner in writing that the Work is substantially complete and request a semi-final inspection be made in preparation for final acceptance by the Owner. The Owner, upon receipt of written request for semi-final inspection, shall schedule a Final Walkthrough and produce a Punch List of outstanding items. A written list advising him of any deficiencies, corrective Construction Agreement 16 Pages 12 measures or cleanup that he must complete prior to preparation of the final payment request and final acceptance. (After which time the warranty may begin) SUBSURFACE CONDITIONS 18. Plan dimensions shall be taken as correct but shall be checked by the Contractor before starting construction. Any errors, omissions, or discrepancies in the plans, specifications, or physical layout shall be brought to the attention of the Owner, and their decision thereon shall be final. INDEMNIFICATION 19. The Contractor agrees to indemnify and hold harmless Owner, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims and demands, on account of injury, loss, or damage, including without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, as set forth in the Colorado Revised Statues. CONTRACTOR'S WORKING CONDITIONS 20. SUPERINTENDENCE: The Contractor shall give his personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent, or other representative satisfactory to the Owner and having authority to act for the Contractor. All directions given to him shall be as binding as if delivered to the Contractor. 21. USE OF THE JOB SITE AND PRIVATE LAND: The Contractor shall confine his equipment, apparatus, the storage of materials and operations of their workers to the limits of the parking area immediately adjacent, or as indicated by law, ordinances, permits or directions of the Owner and shall not encumber the premises with his materials. The Contractor shall not use any vacant lot or private land as a plant site, parking area, depository for materials, or as a waste site without the written authorization of the property owner (or his agent), a copy of which authorization shall be filed with the Owner. 22. PROTECTION OF THE PUBLIC, WORKS, AND PROPERTY: The Contractor shall provide and maintain all necessary barricades, lights and warning signs and take all necessary precautions for the protection of the public. He shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect Owner's property from injury or loss arising in connection with the Work. Contractor shall correct any damage, injury or loss to its work and to the property of the Owner, except such as may be due to or caused by agents or employees of the Owner. 23. REMOVAL OF DEBRIS, CLEANING: The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus material and debris to a site of his choice, and at his expense, and keep the project area clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for the work, and put both the site of the work and the public rights of way in a neat and clean condition. Construction Agreement 16 Pages 13 Any waste blown away by the wind will also be the contractor’s responsibility. INSURANCE 24. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverage’s listed below. Such coverage's shall be procured and maintained with forms and insurers acceptable to Owner. All coverage’s shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the Contract Documents. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. A. Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract. Evidence of qualified self- insured status may be substituted for the Worker's Compensation requirements of this paragraph. B. General and Automotive Liability insurance with minimum amounts of One Million Dollars ($1,000,000) each occurrence. 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. C. The policy required by Paragraph B above shall be endorsed to include Owner and Owner's officers and employees as additional insured. Every policy required above shall be primary insurance, and any insurance carried by Owner, its officers, or its employees, or carried by or provided through any insurance pool of Owner, shall be excess and not contributory insurance to that provided by Contractor. The Contractor shall be solely responsible for any deductible losses under any policy required above. D. The certificate of insurance provided by Owner shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by Owner prior to commencement of the Contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least 30 days' prior written notice has been given to Owner. E. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, condition, and minimum limits shall constitute a material breach of contract upon which Owner may immediately terminate this contract, or at its discretion, Owner may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by Owner shall be repaid by Contractor to Owner upon demand, or Owner may offset the cost of the premiums against any monies due to Contractor from Owner. Construction Agreement 16 Pages 14 F. Owner reserves the right to request and receive a certified copy of any policy and any endorsement thereto. G. The parties hereto understand and agree that Owner is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et seq., C.R.S., 1973 as from time to time amended, or otherwise available to Owner, its officers, or its employees. NON-DISCRIMINATION 25. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job training." BID BOND AND PERFORMANCE AND PAYMENT BOND 26. The Contractor will be required to submit both BID BOND and PERFORMANCE AND PAYMENT BOND as detailed in the attached documents with the project name Aggregate Storage Building 2015. Construction Agreement 16 Pages 15 PERFORMANCE AND PAYMENT BOND Aggregate Storage Building 2015 Bond No.__________________ KNOW ALL MEN BY THESE PRESENTS that: FIRM ADDRESS (an Individual), (a Partnership), (a Corporation), hereinafter called Principal; and FIRM ADDRESS hereinafter called Surety, are held and firmly bound unto the Town of Estes Park, P.O. Box 1200, Estes Park, Colorado, 80517, a Municipal Corporation, hereinafter called the Owner, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THESE OBLIGATIONS are such that whereas the Principal entered into a certain Contract Agreement with the Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of Town of Estes Park Project . NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract Agreement during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without Notice to the Surety and during the life of the guaranty period, and if he shall satisfy all claims and demands incurred under such Contract Agreement, and shall fully indemnify and save harmless the Owner from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and if he shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract Agreement, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work or to the specifications. Construction Agreement 16 Pages 16 PROVIDED, FURTHER, that no final settlement between Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this the day of , 20____. IN PRESENCE OF: PRINCIPAL BY ADDRESS (Corporate Seal) OTHER PARTNERS (Surety Seal) SURETY ATTORNEY IN FACT ADDRESS NOTE: Date of Bond must not be prior to date of Contract Agreement. If Contractor is partnership, all partners should execute Bond. IMPORTANT: Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the Owner. ORDINANCE NO. 14-15 AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE ISSUANCE OF BUSINESS LICENSES FOR VACATION HOMES WITHIN THE TOWN OF ESTES PARK WHEREAS, vacation homes are a permitted use within all residential zoning districts and the A-1 and CD commercial zoning districts of the Town; and WHEREAS, a business license is required to be applied for and issued by the Town for use of a residence as a vacation home prior to the commencement of said use; and WHEREAS, due to possible effects of vacation homes within the Town including, but not limited to, negative effects on surrounding properties, possible reduction of residential properties available for long term rental, change of the residential character of neighborhoods, and concerns of the enforceability of current regulations regulating vacation homes, the Town, in early 2015, began the process of reviewing possible changes to the Estes Valley Development Code and the Town’s Business License Ordinance to address issues surrounding the establishment and use of vacation homes within the Town; and WHEREAS, nationally, communities have struggled to address the effect of vacation homes within their respective jurisdictions which may be out of character with the residential character of the community and may affect the cultural, environmental and neighborhood qualities of those communities; and WHEREAS, in the last thirty days, there has been a significant increase in the applications for business licenses for vacation homes possibly indicating property owners are licensing vacation homes to prevent the use of their property as vacation homes from being subject to new regulations for vacation homes within the Town; and WHEREAS, the Estes Valley Planning Commission and the Town Board have held public meetings on potential changes to the Estes Valley Development Code and the Town’s Business License Ordinance regarding vacation homes; and WHEREAS, Town Staff is currently formulating new regulations to address concerns with vacation homes within the Town and the Estes Valley Planning Area, which regulations are scheduled to be reviewed by the Estes Valley Planning Commission, the Town Board, and the Larimer County Board of Commissioners in November, 2015; with the potential adoption of new regulations in January, 2016; and WHEREAS, it is the opinion of the Board of Trustees that it is necessary to impose a temporary moratorium on the issuance of any new business licenses for vacation homes in the Town of Estes Park in order to allow the Estes Valley Planning Commission and the Board of Trustees to review possible new regulations for vacation homes; and WHEREAS, it is necessary to impose this temporary moratorium for only the time period necessary to allow the Estes Valley Planning Commission and the Board of Trustees to adequately review the possible new regulations, allow the public to comment, and, if appropriate, adopt regulations on vacation homes to address potential negative consequences of vacation homes within the Town; and WHEREAS, pursuant to the applicable provisions of Section 29-20-101 et seq. C.R.S. known as the Local Government Land Use Control Enabling Act of 1974, the Town of Estes Park has the power to impose this temporary moratorium. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK: 1. The Board of Trustees hereby imposes a temporary moratorium on the issuance of any new business licenses by the Town Clerk’s office for vacation homes within the Town of Estes Park. 2. This temporary moratorium shall take effect immediately and be in force for one hundred twenty (120) days unless extended, amended and/or terminated by further action of the Board of Trustees. WHEREAS, the immediate passage of this Ordinance is necessary for the preservation of the health, safety, and welfare of the citizens of the Town in order to temporarily delay the issuance of new business licenses for vacation homes, and therefore this Ordinance shall take effect and be in force immediately after its passage, adoption, and signature of the Mayor or the Mayor Pro Tem. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this _____ day of ____________, 2015. TOWN OF ESTES PARK, COLORADO _____________________________ Mayor ATTEST: __________________________ Town Clerk