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HomeMy WebLinkAboutPACKET Town Board 2014-01-28 The 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. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 28, 2014 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated January 14, 2014, Town Board Study Session Minutes dated January 14, 2014 and Town Board Special Meeting Minutes dated January 6, 2014. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities, Public Works Committee – January 9, 2014. 4. Estes Valley Planning Commission Minutes dated December 17, 2013. (acknowledgement only). 5. Transportation Advisory Committee Minutes dated December 18, 2013 (acknowledgement only). 2. REPORT AND DISCUSSION ITEMS (Outside Entities): 1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Baker. 3. LIQUOR ITEMS: 1. NEW LIQUOR LICENSE - MOUNTAIN STRONG LLC, DBA MOUNTAIN STRONG RESTAURANT, 361 S. ST. VRAIN AVENUE, HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson. Prepared 1/17/14 *Revised 1/24/14 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. DEVELOPMENT APPLICATION PACKAGE - ESTES PARK MEDICAL CENTER (Right-of-Way Agreement, Preliminary Subdivision Plat, Rezoning Request & Special Review 2013-03); All of Hospital Addition, Lot 18 & a Portion of Lot 17, Little Prospect Mountain Addition; 555 Prospect Avenue, 161 1/2, 163, & 165 Stanley Circle Drive; Estes Park Medical Center/Applicant. All items have been tabled at the request of the Applicant until further notice. B. PRELIMINARY SUBDIVISION PLAT, The Sanctuary on Fall River Townhomes, Tract 59A, Amended Plat of Tracts 59, 761, 62, & 63, Fall River Addition; TBD Fall River Road (behind 1260 Fall River Road); The Sanctuary, LLC/Applicant. Planner Shirk. Item continued by staff to the February 25, 2014 Town Board meeting. C. MINOR SUBDIVISION - Wapiti Minor Subdivision, Lot 22, S. Saint Vrain Addition, 1041 S. St. Vrain Avenue; Lexington Lane, LLC/Applicant. Planner Kleisler. 2. ACTION ITEMS: A. IMPROVEMENT AGREEMENT EXTENSION. Streamside Condominiums on Fall River, 1260 Fall River Road; Diversified Properties, LLC/Applicant. Planner Shirk. 5. ACTION ITEMS: 1. RESOLUTION #03-14 – OFFICIALLY SCHEDULING REGULAR MUNICIPAL ELECTION - APRIL 1, 2014. Town Clerk Williamson. 2. INTERGOVERNMENTAL AGREEMENT WITH STATE OF COLORADO & FEDERAL HIGHWAYS FOR EMERGENCY FLOOD REPAIRS. Director Zurn. 3. EXPEDITED APPROVAL PROCESS TO ADDRESS SPRING RUNOFF & RIVER RESTORATION MASTER PLAN. Administrator Lancaster. 6. REPORTS AND DISCUSSION ITEMS: 1. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Director Zurn. 2. PUBLIC INFORMATION QUARTERLY REPORT. Public Information Officer Rusch. 7. ADJOURN. * * Town of Estes Park, Larimer County, Colorado, January 14, 2014 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 14th day of January, 2014. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Greg White, Town Attorney Cynthia Deats, Deputy 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 – 100TH ANNIVERSARY OF NAMAQUA CHAPTER NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION. Barbara Wilkinson and Mona Worley representing the Namaqua Chapter National Society Daughters of the American Revolution in Loveland were present to receive a proclamation recognizing the 100th Anniversary of the Chapter. PUBLIC COMMENT. None. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Ericson stated that in regard to the Town’s December 31, 2013, financial statements, the Town’s auditors will be reviewing financial procedures in mid-February 2014, and will be back in mid-April to perform year-end testing. The Transportation Advisory Committee will meet on Wednesday, January 15th at noon in Room 202. Topics of discussion include a private trolley historical tour business and downtown employee parking. The Community Development / Community Services Committee meeting is scheduled for Thursday, January 23, 2014, at 8 a.m. in the Town Board room. Mayor Pro Tem Blackhurst noted that a housing needs assessment is being initiated by the Estes Park Housing Authority (EPHA). The study will evaluate needs within Estes Park that may be met by building a residential rental project on property owned by EPHA located on Dry Gulch Road. The study will look at need in the area of 80% of the median income and below for a proposed 45-66 unit complex. The assessment is scheduled to be completed by March 2014, at which time it will be presented to the community. The EPHA is also looking at tax credit financing for the project. The application process includes the needs assessment and a preliminary design and architectural rendering and is being considered at this time due to more favorable rates. Also, the EPHA received an anonymous donation in the amount of $100,000 to be used to address housing needs for low to moderate income individuals within the community. Mayor Pro Tem Blackhurst and Mayor Pinkham stated that this donation is a tribute to the EPHA board and staff and the accomplishments of the organization over the past 12 years, and noted that EPHA currently helps 300 families within the community. Trustee Koenig said that Nick Molle is the new president of the Sister Cities organization, with former president Jim Thompson serving as treasurer. The Rooftop Board of Trustees – January 14, 2014 – Page 2 Rodeo did not receive the mid-sized rodeo of the year award this year, with the award going to Deadwood, South Dakota. The Western Heritage Committee will hold their general meeting on Thursday, January 16th; interested parties are invited to attend. Trustee Norris said the Visit Estes Park Board is continuing their search for a new CEO, and will be holding a strategic planning retreat this week. A Bear Education Task Force meeting is scheduled for Thursday, January 16th at 2 p.m. TOWN ADMINISTRATOR REPORT. 1. Policy Governance Report – Per Town Board Policy 3.3, Town Administrator Lancaster reported on Financial Planning and Budgeting. He stated that the audit is planned, budgeting rules are being followed, and the Town is within the current budget as revised due to the flood. He reported compliance in all areas. 1. CONSENT AGENDA: 1. Special Town Board Minutes dated December 5, 2013, Town Board Minutes dated December 10, 2013, and Town Board Study Session Minutes dated December 10, 2013. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities, Public Works Committee, December 12, 2013 – Cancelled. B. Community Development / Community Services Committee, December 19, 2013 – Cancelled. 4. Estes Valley Planning Commission Minutes dated November 19, 2013. (acknowledgement only). 5. Resolution #01-14 – Public Posting Area Designation. 6. Resolution #02-14 – Schedule public hearing of January 28, 2014, for a Hotel and Restaurant Liquor License Application filed by Mountain Strong LLC, dba Mountain Strong Restaurant, 361 S. St. Vrain Avenue. It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda Items, and it passed unanimously. 2. ACTION ITEMS: 1. INTERGOVERNMENTAL AGREEMENT FOR PERMANENT REPAIRS TO FISH CREEK CORRIDOR. The September 2013 flood resulted in severe damage to the Fish Creek corridor, with the Town of Estes Park, Larimer County, Upper Thompson Sanitation District (UTSD), and the Estes Valley Recreation and Park District (EVRPD) all sustaining damage to their facilities located in the area. Rather than to address repairs individually, the four entities have entered into an intergovernmental agreement (IGA) to partner in reconstruction and restoration activities, and designate Larimer County as the lead entity for the permanent restoration of the Fish Creek corridor. The IGA provides for the issuance of a Request for Proposal (RFP) for a consultant to produce a design to address the reconstruction of infrastructure as well as stream restoration, and determine the scope of the work that needs to be completed. The parties to the IGA have agreed to be responsible for a certain percentage of the cost of the design consultant based upon each party’s estimation of its damage in the corridor. The percentages are: Larimer County – 39%; Town of Estes Park – 43%; UTSD – 12%; and EVRPD 6%. The IGA establishes a technical committee with representation from all parties to provide guidance and feedback throughout the process. Dir. Zurn will be representing the Town of Estes Park on the technical committee. Following the design phase, the parties agree to move forward to Phase II – Construction, and Larimer County will contract for Board of Trustees – January 14, 2014 – Page 3 the work on behalf of all parties to get the work done in the most fiscally conservative way as possible. Each entity will determine their scope of work for completion. Discussion is summarized: the community will be kept informed of the process through the Larimer County and Town of Estes Park Public Information Offices; do the costs need to be more exact in order to qualify for reimbursement by FEMA?; the cost estimates in the IGA are for the design of repairs and are reimbursable; the cost estimates have been reviewed and are acceptable to FEMA; once work is done actual dollars spent will be submitted for reimbursement; design process will include component design so each party will be able to determine its costs; and Baja and Xcel Energy will be part of construction process, but are not parties to the IGA. It was moved and seconded (Norris/Blackhurst) to approve the Intergovernmental Agreement for repair of the Fish Creek corridor, and it passed unanimously. 2. APPEAL THE APPROVAL OF THE STANLEY PAVILION BY THE TECHNICAL REVIEW COMMITTEE. Mayor Pinkham: Open the Public Hearing. The formal public hearing will be conducted as follows:  Mayor – Open Public Hearing  Staff Report  Appellant Presentation  Applicant Presentation  Public Testimony  Mayor – Close Public Hearing  Board Discussion & Motion to Approve/Deny. Appeal of the Technical Review Committee’s determination that the proposed use complies with the Master Plan for the Stanley Historic District as an ancillary use to the Stanley Historic District, Mountain Creek Townhome Condominium Association/Applicant. Mayor Pinkham asked that Attorney White explain the question before the Board and the process to be followed. Attorney White stated that the appeal arises out of the 1994 Development Agreement for Lot 1 between the Stanley Hotel and the Town of Estes Park and the Stanley Historic District Master Plan which is part of the Development Agreement. The Stanley Historic District Master Plan set up a technical review process to review projects on various components of the Stanley Historic District, including Lot 1. The document includes a sentence that states that a decision of the Technical Review Committee (TRC) may be appealed to the Town Board of Trustees. No further references to an appeal, or the appeal process, are included in the Master Plan document or the Development Agreement. Attorney White stated that this is a very specific appeal with regard to a decision by the TRC that the proposed Stanley Pavilion Project is a use that is allowable under the Stanley Historic District Master Plan and related documents. He emphasized the appeal is solely related to the TRC’s decision regarding the use of the property and no other aspects of the project are under appeal. The TRC decision is being appealed by the Mountain Creek Townhome Condominium Association. The townhome development is located on Lot 7 of the Stanley Historic District which abuts the proposed Stanley Pavilion Project. Attorney White stated the procedure will be treated as a de novo hearing and that the Board is free to ask the presenters questions at any time. Mayor Pinkham opened the public hearing. Staff Report: Planner Shirk referenced a letter dated February 2013, from Dir. Chilcott to the attorney for the Mountain Creek Townhome Condominium Association, Mr. Board of Trustees – January 14, 2014 – Page 4 Jack Reutzel, regarding the uses in the Stanley Historic District. He stated that the Stanley Historic District was created in 1994 and the Development Agreement being discussed references the zoning standards that were in place at that point in time. As stated in Dir. Chilcott’s letter dated February 6, 2013, the 1994 Municipal Code allowed Commercial Accommodations and customary accessory uses to Commercial Accommodations as permitted uses. In addition, the Master Land Use Plan for the Stanley Historic District also outlined the allowed uses and states: “The existing operation of the hotel is anticipated to expand, and include ancillary uses such as a recreation center, limited retail and restaurants…” This is not an inclusive list, but an example of possible future uses. In reviewing the 1994 regulations, staff determined that this use was contemplated and an allowed ancillary use at that time, and the TRC upheld that staff determination with their findings. Trustee Elrod noted that Dir. Chilcott’s letter dated February 6, 2013, was in response to a letter from Mr. Reutzel dated December 28, 2012, requesting a determination as to whether the uses proposed in the Stanley Pavilion application are permitted under the Accommodations Zone District or the Master Development Plan for the Stanley Historic District. He asked if there was a response from Mr. Reutzel to the February 6th letter. Planner Shirk said the next correspondence he is aware of is dated September 26, 2013. Attorney White noted that Mr. Reutzel raised these issues during the TRC meetings throughout the review process. It was noted that during the four public hearings held by the TRC, comment was received from the applicant, the appellant, as well as from the public; some of which was in opposition to the application. The TRC made their determination on September 3, 2013, by focusing on the Stanley Historic District Master Plan which took the standards in Municipal Code Chapter 17.44 and turned them into the overall plan. Planner Shirk stated that it is staff’s opinion that all appropriate procedures were followed after the TRC heard from the applicant, the appellant and the public in arriving at their September 3, 2013, determination. In response to a question by Trustee Ericson about the composition of the TRC, Planner Shirk stated that the Master Plan defines the number of people to be included on the TRC as well as their qualifications. He said that when a new application for a property within the Stanley Historic District is received, a TRC is created jointly with the applicant. Appellant Presentation: Jack Reutzel, land use attorney at Fairfield and Woods representing the Board of Directors of the Mountain Creek Townhome Condominium Association, stated that on March 6, 2013, an appeal of staff’s decision was sent to the Board of Adjustment. He said that on June 13, 2013, he received a letter from Attorney White advising him that the appeal would not be processed by the Community Development Department and the Estes Valley Board of Adjustments. The letter stated that, if necessary, an appeal of the TRC determination may be made to the Town Board of Trustees. Mr. Reutzel submitted three documents (controlling documents) into the record: the Memorandum of Agreement and the Development Agreement between the Stanley Hotel and the Town of Estes Park dated January 1994 with associated exhibits including the Master Plan and Exhibit F; the Stanley Historic District Master Plan Development Standards and Design Guidelines with pertinent exhibits; and the September 26, 2013, appeal letter from Mr. Reutzel to the Town Board with exhibits. Mr. Reutzel stated that his client’s position is that the TRC made a decision they do not have the ability to make, and that the initial decision as to whether this is a permitted land use permeates all other conditions. If it is found that the TRC did not have the ability to make this initial decision, all conditions attached are irrelevant. He said he is aware that development within the Stanley Historic District is governed by different rules and procedures than the rest of the Town, which are set forth in the controlling documents. He stated the controlling Board of Trustees – January 14, 2014 – Page 5 documents must be adhered to, that the agreement is a contract without much flexibility with terms and procedures that must be followed. The TRC was created by the controlling documents to apply the adopted development standards and design guidelines to allow for flexibility in design. The TRC is not a land use authority and is prohibited from modifying permitted uses and densities, and granting use variances. Exhibit F which is an exhibit to the Development Agreement sets forth permitted uses in a complete, unambiguous list that provides no discretion in determining additional land uses. He stated that wedding pavilions and corporate retreats are not part of the listed uses; and noted that ancillary use is not defined within the development documents. The appellant maintains that the controlling documents do not contemplate ancillary uses that are not listed in Exhibit F. He stated that the Development Standards for Lot 1 contemplates ancillary structures presumably to accommodate principle uses and includes a site limitation requiring that the structures be located north of the front façade. He stated that the appellant’s argument is not new; the TRC, Dir. Chilcott, and Attorney White have heard about it for over a year. The appellant has not wavered from the principle point that they do not believe the Master Plan contemplates the type of uses proposed by the Stanley Hotel, especially in this location. He also noted that the applicant is not without alternatives, and could seek to amend the Master Plan. Mr. Reutzel requested that the TRC’s decision be overturned and requested that the 1994 zoning code and all of the proceedings before the TRC be made part of the record by reference. Trustee Phipps asked if the terms “ancillary uses”, “accessory uses”, and/or “additional uses”, are mentioned in the controlling documents. Mr. Reutzel responded that there is not a reference to additional uses; that there is a reference to accessory structures in the Development Standards; and a reference to accessory uses in the intent statement in the Master Plan. He added that the uses that the Stanley Hotel has proposed in their Pavilion Project are never defined as either permitted, accessory, or ancillary under the Master Plan or Development Standards. Trustee Elrod noted that the review process is not specifically defined as to who can appeal and on what grounds an appeal can be made to the Town Board; and discussed the documents Mr. Reutzel describes as the controlling documents. Mr. Reutzel stated it is his belief and argument that the documents he has defined as controlling documents set forth the process to be used for the Stanley Hotel and that Chapter 17.44 of the Municipal Code is superseded by the Development Agreement. Mr. Reutzel stated that Exhibit F is controlling, notwithstanding what is included in the 1994 zoning code and stated that if a proposed use is not permitted in the Development Agreement, it is prohibited. Trustee Elrod stated that Exhibit F does not have a reference to what is prohibited and is a land use summary. He defines summary as an abridgement, brief, or compendium and contends that Exhibit F was not intended to be an exhaustive list of the only permitted uses. Mr. Reutzel contends that Exhibit F is a list of uses and said that if a proposed use is not on the list, it cannot be done, however, a process to amend the Master Plan to include that use could be undertaken. Trustee Elrod clarified Mr. Reutzel’s argument to be that if the Development Agreement does not define ancillary uses nor specifically reference ancillary uses that the TRC could not consider ancillary uses to arrive at their decision; and in the absence of defining ancillary uses or failing to reference ancillary uses in the Development Agreement they may not or cannot be considered. Mr. Reutzel stated he could find legal authority to support his position. Trustee Phipps noted that the Exhibit F does not contain the words “such as” in describing the uses. Trustee Koenig stated Exhibit F is not a list of uses but refers to density, and also stated that in her opinion a summary refers to larger categories. Mr. Reutzel’s stated it is his opinion that Exhibit F speaks to the uses of the property as well as the density and intensity. Board of Trustees – January 14, 2014 – Page 6 Greg Vanskiver, Town resident and president of the Mountain Creek Town Home Condominium Association, asked to address the Town Board with concerns about the project as a resident of Mountain Creek. Attorney White stated that he did not believe such comments to be relevant and said comment must be focused on the very specific question before the Board. He said if the speaker is not going to address the specific issue related to the TRC’s decision, then the comments are irrelevant. Mr. Vanskiver said he would like to put some context before the Board as to why the appeal was brought forward and express concerns about the project. Mayor Pinkham stated that is not the issue before the Board at this time. However, Mr. Vanskiver received permission to quote excerpts of the Master Plan and give reasons why the project is not appropriate in the proposed location. He said the residents of Mountain Creek do not consider the proposed project to be an “orderly, appropriate and sensitive development” when it is located within 150 to 200 feet of existing residences. He said the impact the proposed development will have on residents of Mountain Creek Condominiums is being ignored and the development is incompatible with the adjacent existing residential buildings and uses. He stated it would be contrary to every principle of reasonable land use, planning and zoning to permit this project. He said the proposed development and a quiet residential neighborhood are incompatible and the project will destroy the quality of life for residents in the Meadow Creek Townhomes. Applicant Presentation: Stewart Olive, representing the Stanley Hotel, presented the grounds on which the Stanley believes the appeal should be denied. First of all is the standing issue, the Development Agreement is a contract between the Town of Estes Park and the Stanley Hotel and Section 11.11 says there are no third party beneficiaries to the Agreement. The Master Plan is Exhibit B to the Agreement and is subject to the parties’ rights in the Development Agreement. He said it is for the parties to the contract, and the parties to the contract are the Town and the Stanley Hotel. He stated that no rights were extended either by contract or by ordinance to the homeowner’s association in this matter; they are not parties to the contract. As such they are not intended to be beneficiaries to the contract and they have no rights under the contract, including the right to appeal. He stated that the appeal should be dismissed on these grounds alone. Mr. Olive said that Exhibit F is a summary, and that Section 3.02 states that the size, location and configuration of the structures are for illustrative purposes only and that the parties agree that the reasonable application of the guidelines allow the development to the specified density. He stated that prohibited uses are listed on Page 11 of the Master Plan and include mobile home parks, recreational vehicle parks, commercial storage, manufacturing, gas stations, car dealerships, go-kart tracks, waterslides, miniature golf courses, commercial kennels, and adult uses. The proposed uses for the Stanley Pavilion are corporate retreats, small art performances, and weddings, which are already permitted uses; and said the Stanley is rearranging and reconfiguring as allowed and will not change the overall density. He said the Development Agreement and the Master Plan anticipated changes to the Stanley operations. Paragraph 2c states that future development must be designed and planned to accommodate uses and opportunities which were not accounted for in the Master Plan, thus providing flexibility for future development. It also states that the uses for the hotel are anticipated to expand and include ancillary uses such as recreational center, limited retail and restaurants, provided as examples. In regard to the site development, the Master Plan states that the core issue is the preservation of the Stanley Historic District and the economic viability of the Stanley Hotel and notes that expansion of existing facilities and thoughtful addition of new facilities are important to the economic viability of the hotel and the Town. He stated that ancillary uses were expected as part of the hotel property development and the TRC’s decision that the pavilion represents that Board of Trustees – January 14, 2014 – Page 7 permitted use under the Stanley Historic District documents is a reasonable application of the guidelines called for in the Master Plan, and on that basis the appeal should be denied. Public Testimony: Charley Dickey, Town resident and neighbor to the Stanley Hotel property, asked that the Board reference his comments made at previous TRC public meetings. Mayor Pinkham closed the public hearing. Trustee Phipps stated that with the amount of new information distributed during the meeting, it would be difficult to make a decision at this point in time. Mayor Pro Tem Blackhurst concurred and said that time is needed to review the information and to ensure that the information is understood. It was moved and seconded (Blackhurst/Phipps) to table the appellate hearing until the first Town Board meeting in February, and it passed. Those voting “Yes” Mayor Pro Tem Blackhurst, Trustees Ericson, Koenig, Norris, and Phipps. Those voting “No” Trustee Elrod. Attorney White asked if Mr. Reutzel and Mr. Olive should be present at the February 11, 2014, meeting to answer questions. The Trustees said that additional questions may arise as they review the information they received during this evening’s meeting. Mayor Pro Tem Blackhurst asked Attorney White for clarification on the issue of standing. Attorney White said standing is essentially the legal right to be part of a process. He said that the contract related to Lot 1 is between the Stanley Hotel and the Town of Estes Park. A separate contract exists between Lot 7 and the Town of Estes Park. He said he would provide a statement regarding standing at the February meeting. 3. ORDINANCE #02-14 ESTABLISHING THE ESTES PARK MUNICIPAL COURT AS A COURT OF RECORD. Adoption of Ordinance #02-14 would establish the Municipal Court as a Municipal Court of Record and would require that a verbatim transcript of all court proceedings be maintained by the Court, either by electronic or stenographic means. As a Court of Record, any appeal of a decision of the Municipal Court Judge to Larimer County Court would be based upon the record before the Municipal Court and would not require a new trial. Additionally, adoption of Ordinance #02-14 would increase the maximum fine for violations to $2,650 from the current maximum fine of $300 to provide the Judge with more flexibility in sentencing. The amount of the fine of $2,650 shall be adjusted for inflation annually on January 1st in accordance with the procedure set forth in Section 13-10-113 (1) (b) C.R.S. It is also a requirement of a Court of Record that the Municipal Court Judge be admitted and licensed to practice law in the State of Colorado. Attorney White read Ordinance #02-14 into the record. It was moved and seconded (Blackhurst/Ericson) to approve Ordinance #02-14 amending sections 2.52.010 and 1.20.020 of the Municipal Code relating to establishing a Qualified Municipal Court of record and increasing the fines for the Municipal Court, and it passed unanimously. Charley Dickey, Town resident, commented that raising the fine would put more teeth in enforcement of the noise ordinance. He asked why audio instead of video recordings of court proceedings are made. Attorney White stated that court proceedings in Colorado courts are not videotaped and noted that a written transcript is required on appeal. 3. REPORTS AND DISCUSSION ITEMS: Board of Trustees – January 14, 2014 – Page 8 1. MULTI-PURPOSE EVENT CENTER (MPEC) & STALL BARN CONSTRUCTION UPDATE. Dir. Zurn reported that work on the stall barn mechanical and electrical systems progressed over the holiday season, despite the cold weather and high winds. He noted that work on the MPEC has suffered due to the severe weather and that progress on the exterior metal building has slowed. He reported that both projects are behind schedule at this point. He is working with the contractor to produce an updated and revised schedule to get the projects back on track. He said budget-wise the jobs are tracking well and noted that the design team is working with the contractor to provide information about interior finishes. Town Administrator Lancaster reported that, in regard to marketing of the MPEC, a website has been established, a marketing plan is being firmed up, and materials are being compiled. Whereupon Mayor Pinkham adjourned the meeting at 8:56 p.m. William C. Pinkham, Mayor Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado January 14, 2014 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 14th day of January, 2014. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Town Attorney White and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 4:30 p.m. TRUSTEE COMMENTS & QUESTIONS. Trustee Phipps questioned when staff would bring forward an amendment to the Development Code to change the Special Review process. Staff would bring it forward by the end of February for the Board’s consideration. Trustee Ericson questioned the review of the Town Administrator as well as the Municipal Court Judge and Town Attorney. Town Clerk Williamson would contact Gary Suiter who performed the Town Administrator search and Alliance for Innovation to identify other consultants to aid the Board in completing a review process for the three positions. Trustee Elrod raised the philosophical issues related to the review of the Municipal Court Judge, separation of legal versus legislative, and the Town Attorney as a consultant not an employee. He stated a job description should be developed for the Judge position. FUTURE STUDY SESSION AGENDA ITEMS. Trustee Phipps requested staff provide an update on the sales tax campaign committee meeting at the next study session. Administrator Lancaster stated the next meeting would include a discussion on the Town’s matching funds for flood recovery. Trustee Ericson requested staff bring forward an implementation plan for the 2014 Objectives at the March 11, 2014 meeting. He stated the agreement between the Town and the Fire District should move to the top of the list for unscheduled items because it is necessary to renegotiate the agreement before the 2015 budget preparations. Trustee Elrod questioned if there would be any opportunity to discuss the fiber optics with Platte River Power Authority during their upcoming presentation to the Board. Staff would notify the Authority of the Board’s desire to discuss fiber optics. BRIEFING ON COLORADO CAMPAIGN REFORM ACT. Attorney White provided a review of the Campaign Reform Act as it relates to the spending of public funds. He stated the Town Board can campaign for or against an issue and or pass a Resolution outlining their position so long as they expend no public money. A Board member is not limited in expressing its opinion during the election. The Board may authorize the expenditure of public money and make contributions to disseminate a factual summary on an issue, which includes arguments both for and against. The Board and employees may respond to questions about election issues during work time, so long as questions are not solicited, the response is impartial, and Town Board Study Session – January 14, 2014 – Page 2 responses do not urge the elector to vote one way or the other. The Board may expend $50 of public money in the form of letter, phone calls, or other activities. Employees may endorse an election issue on their personal time, make personal contributions, or use personal time to urge a vote in favor or against an issue. The Town may allow both proponents and opponents of issues to rent space or facilities so long as the opportunity is provided to all sides. The Town has adopted a policy that does not allow employees to campaign as part of their job or wear their uniform to campaign during their own time. All limitations on campaigning and the expenditure of public funds begins once the Board has approved the item and set the ballot language. PARKING STRUCTURE DESIGN REVIEW. Director Zurn provided an update on the design of the parking structure at the Visitor Center. The consultant has submitted the development plan application to move the project forward. Schematic design approval must be obtained by both the Planning Commission and the Town Board to move the project to the final design stage and then develop construction documents. The structure has been designed to allow the addition of a third level in the future with approximately 100 additional spaces. The current design comes in on budget; however, the cost of construction may increase by the time the Town moves forward with construction. The sewer line would remain in roughly the same location within the current easement and be designed to allow for future access. The design includes all the necessary conduit to address technology in the future; however, the current budget does not allow for IT systems other than cameras. The grant funds are secure so long as the Town continues to make progress and draw down funds. Director Zurn stated the project would need to be bid by the end of the year to secure funding. The Board consensus therefore was to move the review process from the expedited process approved last year to the normal schedule. FLAP GRANT – NEXT STEPS & MOU. Director Zurn presented a draft project Memorandum of Agreement to set forth the respective responsibilities of each party as it relates to the project development process: Central Federal Lands Highway Division (CFLHD), National Park Service (NPS), Colorado Department of Transportation (CDOT) and the Town of Estes Park (TEP). Staff requested comments from the Board in order to move the agreement forward and bring it back for final approval in February. The agreement does not commit or obligate the expenditure of federal funds nor does it commit any party to complete the project. The agreement outlines CFLHD would complete the NEPA study and design and construct the project. CDOT would procure the necessary Right-of-Way through property acquisition. The TEP and CDOT would approve the project at 95% design completion. The Board requested the addition of contact information for all parties including those listed in Section M. Trustee Ericson questioned the increase in the number of acquisitions. He stated the Town should take the lead role in acquiring the Right-of-Way not CDOT. The Town has an obligation to ensure the project is completed properly, and therefore, should have control over the project. Director Zurn confirmed the new acquisition numbers were developed through a review by CFLHD and that further refinement of the numbers would come through the NEPA process. Trustee Elrod stated the roadway belongs to CDOT not the Town and the funds to complete the project are not Town funds. Trustee Norris and Mayor Pro Tem Blackhurst expressed the Town would be involved in the steering committee and have a say throughout the project. Director Zurn stated the project has received RAMP grant funding through CDOT for the match. The new CDOT program for the devolution of state highway continues to develop. This spring staff would bring forward the devolution of Hwy 34 bypass from Moraine Avenue to Wonderview Avenue. The stretch of highway is anticipated to become Town roadway by summer and the Town would receive $4.3 million from CDOT. Town Board Study Session – January 14, 2014 – Page 3 Mayor Pro Tem Blackhurst stated concern with a linear process not being followed for the project, and questioned the ramifications if the NEPA study does not support the project. The Town would own a new roadway. The Board requested the devolution agreement be brought forward for review. Director Zurn stated the procurement of Right-of-Way would begin once the NEPA documents near completion and the preliminary design has been completed. There may be construction easements to fix the wall along Moraine Avenue damaged during the flood. The fix would be temporary and some property owners may be approached early to discuss acquisition. There being no further business, Mayor Pinkham adjourned the meeting at 6:38 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, January 6, 2014 Minutes of a Special 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 6th day of January, 2014. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None 1. PRESENTATION/DISCUSSION ITEM: 1. CONTRACT FOR SALE OF LOT, 4 STANLEY HISTORIC DISTRICT FOR THE ANSCHUTZ WELLNESS CENTER. Brian Herwig/Chief Executive Officer for the Hospital stated Estes Park Medical Center (EPMC) has received the support of the hospital board to provide funding for the purchase of Lot 4 and raise the funds necessary to build a Wellness Center on the Lot 4. The project would provide a new revenue source to help sustain the hospital, bring new clientele to Estes Park seeking destination wellness, and the hospital staff would receive training to provide better care at the hospital and the new Community Wellness Center. The funding provided to help purchase Lot 4 would guarantee the hospital a long term ground lease with Grand Heritage for the Wellness Center. Grand Heritage in turn would provide all to the maintenance of the outside of the building with the hospital to maintain the interior of the building. The hospital would coordinate with the other medical facilities in town (Salud and Timberline) to provide services at the new Community Wellness Center. In addition the new facility would not compete with the local athletic clubs as it would provide high level executive physicals. Dr. Frank Dumont/Chief of Staff stated the medical staff supports the project. He reaffirmed the knowledge learned would be transferred into the other hospital facilities and the Community Wellness Center. Dr. James Hill/Executive Director of the Anschutz Health and Wellness Center at Colorado University, Boulder Campus presented the Board with an overview of the program including over 100 researchers working to understand disease prevention and wellness. He stated the center would be a global brand for health and wellness and bring the best wellness programs to Estes Park. Anschutz Wellness program would bring their program content, staff and talent to the Wellness Center to develop a world class facility. Lucia Liley/Grand Heritage and the Stanley Hotel representative reviewed the new proposal stating the property would have three components including a long term ground lease with the hospital for a Wellness Center and a restricted use covenant placed on that portion of land to restrict its use to a Wellness Center, other hotel components owned and managed by Grand Heritage, and approximately one-third of the property as open space per the Stanley Historic District Master Plan. The purchase price for Lot 4 would be $1.325 million if the Hospital District begins construction within two years, i.e. pulling a building Board of Trustees – January 6, 2014 – Page 2 permit or $1.65 million if Grand Heritage builds the Wellness Center. Contingencies for the proposal include a due diligence period of 60 days in which Grand Heritage can walk away from the contract, approval of the sale of the property, Town Board approval of all land use related actions for the project: subdivision amendment, rezoning, use classification, ordinance amending Stanley Historic District standards outlined in the Municipal Code, development plan and special review, and final approval and expiration of all timeframes for legal challenges by a third party. Closing would take place 10 days after all contingencies have been met. Board comments/questions have been summarized as follows: remove the parentheticals from 2(k); would the hospital own the land upon which the Wellness Center would be located; the contract language outlining the purchase is unclear; the parties of the contract should be clearly identified as the Town of Estes Park and Grand Heritage; questioned the legal issues that may surround the land use approvals; questioned the number of new jobs created and the type of jobs created; the restricted use covenant should clearly outline what a Wellness Center would be to ensure its use now and in the future; would the Anschutz group have an agreement with the hospital outlining the programming and marketing; requested the language under 3(c) Promissory Note and 6(b) Final Approval be reworded to limit confusion; the exhibit should be more detailed to provide additional labeling and dimensions; questioned if a deed of trust would be issued; should the Town approve a restrictive covenant limiting the use of the property; and add the three conditions initiated ordinance, referendum and third party challenge to 6(b) Final Approval. Ms. Liley stated the property would be owned by Grand Heritage with a long term ground lease between Grand Heritage and the Hospital District. The additional funding would bridge the gap in financing needed to complete the purchase. The reduced price of the property is due to the hospital receiving all profits from the center and Grand Heritage supplying $200,000 in maintenance and marketing annually. Mr. Cullen stated the hotel would need an additional 30 to 40 staff to operate the new facilities with a portion of those located off property to complete marketing and ecommerce efforts. The Medical Center would add approximately 24 to 36 employees with salaries 80-90% above the median income. The new revenue is estimated at $220,000 in sales tax and property tax to the Town and a total of approximately $600,000 to the community as a whole. Mr. Cullen stated he is committed to developing a Wellness Center and if it cannot be developed the property would be left as open space. Those speaking in favor of the proposed contract for Lot 4 included Sherry Ruth/Town citizen, Greg Rosener/Town citizen, Howard Lauren/Town citizen, Linda Wagner/Town citizen, Jim Cope/Town citizen, Ron Wilcocks/County citizen, and Jon Nicholas/Town citizen. The tourist and not the locals support the economy and shop downtown, therefore, the community must attract more affluent tourist who would purchase luxury goods and increase sales tax receipts; the Town needs funding to rebuild the community after the flood; Lot 4 is situated between two commercial properties and is a viable location for a Wellness Center; Estes Park is surrounded by federally protected open space land and Lot 4 is a prime commercial lot; the project meets the criteria by Downtown Development Inc. and those of the Economic Development Council; the property has not been managed as open space in the past and should be developed; request the Board assure the contract is solid and send it to the voters for their consideration; the community needs jobs, to retain families, a year round economy to compete with other tourist communities, good paying jobs, and clean industry; new jobs and industry would help meet the communities economic goals; and the Stanley Hotel was built by F.O. Stanley originally as a wellness center. Board of Trustees – January 6, 2014 – Page 3 Those speaking against the proposed contract for Lot 4 included Tom Gootz/Town citizen, Chris Reveley/Town citizen, Johanna Darden/Town citizen, and Eric Waples/Town citizen. Comments have been summarized as follows: the Town should adopt a policy on how to delineate which properties should be sold before moving forward with this sale; open space was outlined as important by the citizens through the last citizen survey; this property is an important view corridor, wildlife habitat and buffer between the residential and commercial uses; additional information should be provided on how many jobs, taxation, non-profit status of the new center and effects on sales tax; clearly define a Wellness Center and conduct a feasibility study before moving forward; requested the Town embrace the Community Wellness Center and/or a Performing Art Center instead of the current proposal; commented the current proposed development is half again the size of the development brought forward in 2006 and changes to the development code and Master Plan are needed for the proposal; and the current Friends of Lot 4 consider open space around the Stanley Hotel as essential. Rebecca Urquhart/Town citizen spoke to the contract stating the contract does not address what would happen to the property if the Wellness Center fails. The approval of the contract would lead to an expansion of the Stanley Hotel immediately with a two plus year gap before the new center and jobs would be added to the community. The use covenant should clearly outline what could be included in the center. The agreement should reserve the right of the Town to repurchase the lot if the center does not get built. The public should be made aware that public funds would be decreased if the Hospital District remains a partner in the development of the Wellness Center. Jon Nicholas/Town citizen stated the original Stanley Historic District Master Plan was not developed to promote open space but to preserve and protect the economic viability of the Stanley Hotel. The original Issue Committee Friends of Stanley Lot 4 was formed to place proposals in front of the voters and not to maintain Lot 4 as open space. 2. ACTION ITEMS: 1. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Blackhurst/Norris) to enter into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e), and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 6:22 p.m. and called for a ten minute break. Mayor Pinkham reconvened the meeting to open session at 7:15 p.m. 2. ORDINANCE #01-14 APPROVING THE CONTRACT FOR THE SALE OF LOT 4, STANLEY HISTORIC DISTRICT FOR THE ANSCHUTZ WELLNESS CENTER. Attorney White stated the Board would consider a contract with the following changes: add a definition of a Wellness Center, remove the parentheticals to 2(k), rewrite 3(c) the promissory note language, 6(b) updated to state all land use approvals shall be completed by March 11th and three reasons the closing could be extended include initiated ordinance, referendum or third party litigation, add new Wellness Center definition to the use covenant, and extend the signature of the contract to 4:00 p.m. on Friday, January 10, 2014. Mr. Cullen agreed to the changes outlined. Attorney White read Ordinance #01-14. It was moved and seconded (Blackhurst/Koenig) to approve Ordinance #01-14, and it passed unanimously. Board of Trustees – January 6, 2014 – Page 4 Whereupon Mayor Pinkham adjourned the meeting at 7:20 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, January 9, 2014 Minutes of a Regular Meeting of the PUBLIC SAFETY/UTILITIES/PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Board Room of Town Hall in said Town of Estes Park on the 9th day of January, 2014. Committee: Chair Blackhurst, Trustees Koenig and Phipps Attending: All Also Attending: Town Administrator Lancaster, Chief Kufeld, Commander Rose, Directors Bergsten and Zurn, Engineer Ash, Planner Shirk, and Recording Secretary Limmiatis Chair Blackhurst called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. PUBLIC SAFETY. ESTES VALLEY VICTIM ADVOCATES 2014 CONTRACT. Commander Rose presented the Estes Valley Victim Advocate 2014 Contract with no changes from the 2013 contract. He noted funds were budgeted for 2014 and would be distributed to EVVA in equal, quarterly payments. The Committee recommended the approval of the Estes Valley Victim Advocates 2014 Contract in the amount of $8,000.00 budgeted in account 101-2100-421-22-98 to be placed on the consent agenda of the January 28, 2014 Town Board meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Console Project – Chief Kufeld informed the committee the console project is on schedule. Equipment has been shipped and the installation is scheduled for mid- March which coincides with Ft. Collins’ installation. 2. Open Positions – The open positions of Police Officer I and Emergency Services Dispatcher I are in the final interview stages. UTILITIES. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Verbal Updates  Design Guidelines - Staff is updating the Utilities department design Public Safety/Utilities/Public Works Committee – January 9, 2014 – Page 2 guidelines to be in line with FEMA requirements for the flood recovery work being completed.  Electric Customers – There are approximately twenty-five customers who are still without electric service from the flood; all of whom live along County Road 43. The current power line follows the road, but at this point in time the roadway continues to shift. Staff continues to coordinate with Larimer County to restore power as soon as possible.  Water Department - The recent flood event scoured the streambeds altering the chemistry of the water. Treating water high in alkalinity, which has historically been extremely low, has become an unanticipated challenge. The low temperatures add to the difficulty of treating water.  Rate Increases – Chair Blackhurst inquired if there will be any new rate increases for water or electricity in 2014. Director Bergsten stated a rate study was scheduled for completion in the Fall of 2013, but was placed on hold due to the flood. The results of the Master Plan would determine the funds needed to treat and distribute water in the future. The Light & Power fund has a healthy budget, therefore, no changes are anticipated until the middle of 2014. The only increase to electric rates would be due to the increase to the wholesale power cost from Platte River Power Authority. PUBLIC WORKS. ESTES PARK MEDICAL CENTER RIGHT-OF-WAY LEASE AGREEMENT MODIFICATION. Director Zurn presented a new lease agreement for the use of Town right-of-way by the Estes Park Medical Center for the expansion of an existing parking lot located between the hospital and Stanley Circle Drive. A 2006 agreement exists for the current parking lot which extends partially over the right-of-way. The request would expand the parking lot over the remainder of the right-of-way. Staff recommended approval of the new lease agreement. After further discussion, the Committee recommended the Estes Park Medical Center Right-of-Way Lease Agreement Modification as an action item with the Development Application Package for the Estes Park Medical Center at the January 28, 2014 Town Board Meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Verbal Updates – o MPEC & Stall Barns - Director Zurn stated winter weather has slowed progress on the MPEC, however, staff has met with the contractor to ensure the project is delivered on time and within budget. The stall barn is slightly ahead of schedule. There were some coordination issues with the contractors bid for electrical lighting. Once installed, Director Winslow had concerns about the aesthetics of the lighting; therefore, the lighting has Public Safety/Utilities/Public Works Committee – January 9, 2014 – Page 3 been modified. o Concrete Prices –. Concrete prices have increased due to flood repairs and remain volatile, therefore the contractor has requested the use of concrete from Loveland as local prices have increased. Director Zurn has authorized $10.00 per cubic yard above the original bid price for the next thirty days and would re-evaluate prices at that time. o Raw Material from Lake Estes – Staff was unable to meet the need for raw material dredged from Lake Estes and crushed material is no longer being sold. Approximately 5,000 cubic yards of crushed material remain, for Town purposes and to restore Fish Creek Road. 40,000 cubic yards of raw material were requested by Larimer County and continue to be held at the fairgrounds for their use. Administrator Lancaster informed the committee that material being blasted for the reconstruction of US Highways 36 and may be available for use in Estes Park for the reconstruction of Fish Creek Road and other areas. He also made the committee aware Glen Haven has a need for materials. He has been in contact with Harold Dominguez, the City Manager of Longmont, whose two major reservoirs are filled with sediment decreasing the city’s water holding capacity. The two entities may be able to assist each other and address the needs of their communities. There being no further business, Chair Blackhurst adjourned the meeting at 8:38 a.m. Barbara Jo Limmiatis, Recording Secretary RECORD OF PROCEEDINGS Estes Valley Planning Commission 1 December 17, 2013 Board Room, Estes Park Town Hall Commission:  Chair Betty Hull, Commissioners Doug Klink, Charley Dickey, Kathy Bowers,  Nancy Hills, Steve Murphree, Wendye Sykes    Attending:  Chair Hull, Commissioners Dickey, Bowers, Hills, Murphree, Klink and Sykes    Also Attending: Director Chilcott, Planner Kleisler, Town Attorney Greg White, and Recording  Secretary Thompson, Larimer County Community Development Director Terry  Gilbert    Absent:  Town Board Liaison Elrod    The following minutes reflect the order of the agenda and not necessarily the chronological sequence.    Chair Hull called the meeting to order at 1:30 p.m.  There were approximately 30 people in  attendance.  Chair Hull explained the purpose of the Estes Valley Planning Commission and stated  public comment is invaluable.  Each Commissioner was introduced.    1. PUBLIC COMMENT  None    2. CONSENT AGENDA  Approval of minutes, November 19, 2013 Planning Commission meeting.     It was moved and seconded (Sykes/Bowers) to approve the consent agenda as presented and  the motion passed unanimously.      3. DEVELOPMENT PLAN 2013‐05 AND PRELIMINARY TOWNHOME SUBDIVISION PLAT, THE  SANCTUARY ON FALL RIVER TOWNHOMES, Tract 59A, Amended Plat of Tracts 59, 61, 62, &  63, Fall River Addition  Senior Planner Shirk reviewed the staff report. This is a request to develop Tract 59A, Fall  River Addition, within the town limits. The application includes both a development plan and a  preliminary plat. The applicant is The Sanctuary, LLC (Mark Theiss). The overall property is  approximately 12 acres, zoned A–Accommodations. The applicant proposes to develop four  free‐standing units on the developable portion of the parcel, which is approximately 1.75  acres.  Single‐family dwellings are permitted in the A–Accommodations zone district, and the  applicant’s intent is to use the dwellings for accommodations use; therefore, the project was  designed for accommodations use (e.g. wider sidewalks, level streets, etc.). The Planning  Commission is the decision‐making body for the Development Plan, and the recommending  body for the Preliminary Plat and subsequent Final Plat, with the Town Board making the final  decision. The property was part of a 2003 amended plat, which established the limits of  disturbance to restrict development activity to the lower portion of the property and created  RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 December 17, 2013 Board Room, Estes Park Town Hall a platted 50‐foot river setback. The proposed development would comply with the platted  setback requirement.     Planner Shirk stated the application was routed to all affected agencies and adjacent property  owners. An access agreement between the applicant and the owners of Streamside  Condominiums is being prepared, so the proposed development could be legally accessed  through the Streamside property. Depending on the outcome of the application, the  agreement will be finalized. The sewer design has been finalized, and Estes Park Sanitation is  supportive of the application.  Redesign of the road to the property, agreed upon by both the  applicant and the Public Works Department, would widen the bridge and create a two‐lane  access. The Public Works Department has approved the sidewalk design, which will be ADA  compliant. At least one new fire hydrant would be installed, increasing fire protection in the  area. The application also included a wildfire mitigation plan, which would benefit the  neighborhood. The proposed project would include a centrally located cul de sac to be named  Sanctuary River Court, with four lots radiating outward, two of which would front Fall River. A  very short cul de sac through Streamside condominiums would be renamed Streamside Cabin  Lane, and would be improved with a sidewalk and a curb system to manage stormwater.     Planner Shirk stated one neighbor, Ken Arnold (Deer Crest Chalets), suggested that when the  stormwater culvert on his property is repaired, it also be relocated. He has discussed his  request with the appropriate departments.  This is not a condition that can be imposed on this  application, but it should be noted that the property owner discussed the issue with staff.    The development would improve sanitary sewer and electrical systems for the surrounding  neighborhood, and would increase wildfire mitigation and Fire District access to the south side  of Fall River. Nearby electric lines would be buried, the full extent not to be determined until  construction plans are submitted. Planner Shirk suggested the applicant review the HOA  declarations where the accommodations use is concerned.  He stated staff recommended  approval of the proposed development, with conditions listed below.    Staff Findings  1. With the exception of approved Minor Modifications outlined in the staff report, if revised  to comply with recommended conditions of approval, the development plan and  preliminary subdivision plat will comply with the EVDC.  2. The application is consistent with the policies, goals and objectives of the Comprehensive  Plan.  3. The patio encroachment into the existing platted river setback is consistent with Section  1.9D of the EVDC, which allows such setbacks.  4. The owner of Deer Crest Lot 1 has requested the applicant discuss relocating the storm  sewer crossing his property.  RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 December 17, 2013 Board Room, Estes Park Town Hall 5. This is a Planning Commission recommendation to the Town Board of Trustees of the  Town of Estes Park.  6. In accordance with Section 3.2.D, a revised application shall be a condition precendent to  placing the application on the Board agenda. Placement on the January 28th Town board  agenda requires a January 8th submittal of a revised application that fully satisfies all  conditions of approval.    Conditions of Approval  1. Streamside Cabin Lane units shall apply for address change concurrent with Right‐of‐way  permit application to reconfigure the street.  2. Buildings on Lots 1 and 2 shall comply with 50‐foot river setback; patios shall comply with  Section 1.9.D.a.  3. Compliance with:  a. Wildfire Mitigation Plan dated August 28, 2013.  b. Wildfire Habitat Evaluation and Impact Analysis dated July 24, 2013  4. Compliance with the following affected agency comments:  a. Community Development dated December 11, 2013. This includes requirements for  construction plans, exterior lighting, and outdoor storage, as well as general revisions  to the development plan/plat.  b. Public Works dated December 2, 2013, modified per meeting with applicant on  December 6, 2013. The road shall be redesigned with curb/gutter to carry storm flow,  widened to 24‐feet from Fall River Road to Sanctuary River Court, and the sidewalk  shall be redesigned to meet ADA standards to the maximum extent possible.  c. Estes Park Sanitation District dated November 27, 2013.  d. Estes Valley Fire Protection District dated November 27, 2013.  e. Water Department dated November 20, 2013.    Planner Shirk stated he expects the revised plans to be submitted in January. They will be  routed to all affected agencies to ensure compliance with conditions. Following approval by  affected agencies, the application will be placed on the Town Board agenda.    Staff & Commission Discussion   General discussion revolved around garages, fire truck parking, and the allowed density in the  A–Accommodations district. It was noted the development will need to comply with the fire  code.    Public Comment  Joe Coop/applicant representative provided a brief history of the parcel. Several different  developments have been proposed, but none have come to fruition. Proposed density with  this application is lower than previous proposals, and the single‐family homes would not be in  competition with the surrounding motels/accommodations units. He stated the neighbors  RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 December 17, 2013 Board Room, Estes Park Town Hall were willing to participate in cost‐sharing with burying electric lines, improving the sewer  system, etc.  The Sanctuary, Streamside Condominiums, and Riverview Pines Condominiums  reached an agreement to proceed with one river crossing of the sewer line instead of three.  Several property owners will participate in cost‐sharing to bury the electric lines. Mr. Coop  stated the HOA declarations will be revised to state the development will be used for  accommodations.     Kevin Ash/Town Engineer stated Mr. Coop requested a minor modification for a 20‐foot wide  road and 8‐foot sidewalk. Mr. Ash stated an engineer needs to design a 24‐foot wide driveway  width (Town standard) from Fall River Road to the entrance to the project. Mr. Coop stated  seven large ponderosa pine trees would be compromised if the road was required to be 24  feet. He would continue negotiations with the Public Works Department on the road width.  Mr. Coop stated the grade for the sidewalk was going to be brought from the current 13% to  9%. He stated the Public Works Department was willing to work with them to accomplish a  satisfactory result. Mr. Ash stated he would be comfortable with allowing the project to move  forward with the project and would work with the applicant on the unresolved issues.     It was moved and seconded (Klink/Hills) to approved The Sanctuary Development Plan 2013‐ 05 with the findings and conditions recommended by staff, with the road width being  designed to 24‐feet but adjusted as much as possible to accommodate saving the large trees  on the property and the motion passed unanimously.    It was moved and seconded (Dickey/Bowers) to recommend approval of The Sanctuary  Preliminary Subdivision Plat to the Town Board with the findings and conditions  recommended by staff and the motion passed unanimously.     4. WAPITI MINOR SUBDIVISION, Lot 22, South Saint Vrain Addition  Planner Kleisler reviewed the staff report. This is a request by Lexington Lane, LLC to subdivide  a 5.9 acre parcel into two separate lots sized approximately 4.8 and 1.0 acres. The property is  located within the Town limits, is zoned RM–Multi‐Family Residential, borders S. St. Vrain  Avenue on the east and Lexington Lane on the south. There is an existing cabin on the  proposed Lot 2. There is no development planned for proposed Lot 1. The separation of the  lot into two parcels will still allow the separate parcels to comply with the minimum lot size  for the RM zone district. Planner Kleisler stated the Planning Commission would be the  recommending body, with the Town Board making the final decision.     Planner Kleisler stated the application was routed to all affected agencies. No significant  concerns were raised. The Estes Park Sanitation District recommended connecting to their  sewer system, removing the current septic system. Colorado Department of Transportation  stated future development on proposed Lot 1 may require a new permit. The Public Works  Department requested 7.5 feet of additional right‐of‐way along Lexington Lane to better align  RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 December 17, 2013 Board Room, Estes Park Town Hall the driveway/crosswalk to the east across S. St. Vrain.  Planner Kleisler stated the applicant  proposes to construct a five‐foot sidewalk along the north edge of the property along the  Lexington Lane right‐of‐way, which would align with the existing sidewalk on the east side of  S. St. Vrain. Staff supports this proposal.  The applicant requested to delay the landscaping  requirements of the Estes Valley Development Code until a plan is submitted to develop the  lot(s). Staff supports this request.    Findings  1. This proposal complies with applicable sections of the Estes Valley Development Code,  including Section 3.9E “Standards for Review” and 10.3 “Review Procedures.’  2. This request has been submitted to reviewing agency staff for consideration and  comment. No significant issues or concerns were expressed by reviewing staff relative to  code compliance or the provision of public services.  3. Within sixty (60) days of the Board’s approval of the minor subdivision, the developer shall  submit the plat for recording. If the plat is not submitted for recording within this sixty‐day  time period, the approval shall automatically lapse and be null and void.  4. This is a Planning Commission recommendation to the Town Board of the Town of Estes  Park.    Planner Kleisler stated staff recommended approval with conditions listed below.    Staff & Commission Discussion  There was brief discussion concerning the sewer connection.     Public Comment  Jes Reetz/Cornerstone Engineering representing the applicant. He stated the applicant was  not proposing any development with this application. The desire is to split off a portion of the  property in an attempt to sell the smaller lot and recoup some of his expenses. Landscaping  requirements would be put into place when the properties are developed.     Conditions  1. Compliance with affected agency comments:  a. Estes Park Sanitation District email dated November 27, 2013.  b. Estes Park Public Works memo dated December 2, 2013.  c. Colorado Department of Transportation email dated November 24, 2013.  d. Estes Valley Fire Protection District memo dated November 12, 2013.  2. The proposed sidewalk along Lexington Lane shall be installed or guaranteed prior to plat  recordation.  3. Sewer infrastructure to the existing cabin on proposed Lot 2 shall be installed or  guaranteed prior to plat recordation.  4. Reformat plat for recording (remove improvements).  RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 December 17, 2013 Board Room, Estes Park Town Hall   It was moved and seconded (Hills/Bowers) to recommend approval of the Wapiti Minor  Subdivision to the Town Board of Trustees with the findings and conditions recommended  by staff and the motion passed unanimously.    5. ESTES PARK MEDICAL CENTER NORTH PARKING LOT EXPANSION PROJECT, All Hospital Addition,  Lot 18 Little Prospect Mountain Addition, Portion of Lot 17, Little Prospect Mountain Addition;  555 Prospect Avenue, 161 ½, 163, & 165 Stanley Circle Drive  Planner Shirk reviewed the staff report. The application submitted included the Special  Review of a Development Plan requiring Town Board approval, a Location & Extent Review  because the hospital is considered a governmental agency. This review included a code  analysis on the property to determine if the proposed development complied with the Estes  Valley Development Code. Planner Shirk stated state law governing medical facilities allows  the hospital board to exempt themselves from compliance with the development code, and  Town Attorney White was in attendance to answer questions from the Commission.  Additionally, a Preliminary Subdivision Plat and Rezoning of the two proposed outlots of the  subdivision plat would be reviewed.     Planner Shirk stated the location of the proposed parking lot would be on the north side of  the hospital, in between the existing parking lot and the dwellings that front on Stanley Circle  Drive. The development area is approximately 1.4 acres and is zoned RM‐Multi‐Family  Residential. The hospital owns the Stanley Circle Drive homes involved in the application,  which are in the E–Estate zone district. The current uses of the homes are 1) long‐term  hospital employee housing, 2) paramedic uses, and 3) living quarters for visiting doctors. The  paramedic use and short‐term use by visiting doctors do not comply with the current zoning  regulations for single‐family zone districts; therefore, the hospital board would need to  exempt themselves from those regulations. Planner Shirk stated the right‐of‐way does not  have a zoning designation. An amended right‐of‐way agreement will be presented to the  Town Board by the Public Works Department.  The hospital property is adjacent to mostly  undeveloped parcels on the west, multi‐family directly east, and single‐family dwellings on the  north.     Planner Shirk explained the proposed development would include some sidewalks, including a  connection to Stanley Circle Drive, and tying into the overall sidewalk system on the hospital  campus. Landscaping would be provided as a buffer from the parking lot. Emergency access  through Stanley Circle Drive would be maintained. The proposed outlots would also be  designated emergency access easements. A stormwater swale would be located between the  two parking lots, which would help treat and slow the movement of stormwater. A  stormwater pond would be built to assist with drainage to the sewer system. Planner Shirk  stated the vast majority of the proposed parking lot would be on hospital property, with a  very small portion being located in the Town public right‐of‐way. He stated the subdivision  RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 December 17, 2013 Board Room, Estes Park Town Hall plat would create Outlots A and B, to be “carved out” of existing Lots 1, 2, & 3. Lots 1, 2 & 3  would remain E–Estate zoned, due to neighbor concerns. Proposed Lot 2 would be reduced  below the ½‐acre minimum lot size established for the E–Estate zone district. The proposed  lot size requires the Planning Commission approve a Minor Modification to lots size. This  modification falls within the 25% modification authority of the Planning Commission. Lot 3  would be also be reduced below the ½‐acre minimum requirement, with a modification of  greater than 25%. The applicant has applied for a variance from the code, which will be heard  by the Board of Adjustment in February, 2014. The Board of Adjustment will also be reviewing  a setback variance for the parking lot to be close in to the property lines. The Planning  Commission is the recommending body for the subdivision plat, with the Town Board making  the final decision, scheduled for January 28, 2014.    Planner Shirk stated a Special Review of the Development Plan is required for hospitals. The  Town Board will be the decision‐making body for the Special review, and will need to find the  applicant mitigates to the maximum extent feasible potential adverse impacts on nearby land  uses, public facilities and services, and the environment.  Planner Shirk stated the EVDC  requires Location and Extent reviews for public uses, including the hospital. This review is  “intended to provide an opportunity for review of the location and extent of the specified  public facilities and uses sought to be constructed or authorized within the Estes Valley,  especially as to whether such public use is consistent with the Estes Valley Comprehensive  Plan and the EVDC.” Following this review, the hospital district board can exempt itself from  local zoning regulations by a majority vote.    Planner Shirk stated the hospital desires to comply with the EVDC by requesting to rezone  Outlots A & B from E–Estate to RM–Multi‐Family Residential. Lots 1, 2 and 3 would remain for  single‐family use, which would be a benefit to the surrounding neighborhood. In addition to  the minor modifications listed above, the applicant has requested a minor modification to the  10‐foot minimum setback in the E–Estate zone district. The proposed south lot line for Lot 3  would provide a setback of 8.25 feet to the existing dwelling unit. This request falls within the  25% modification the Planning Commission is authorized to approve. Planner Shirk stated staff  found the approval of the proposed project would result in less visual impact and more  effective environmental or open space preservation, while leaving the mountainside to the  west of the hospital intact.    Planner Shirk stated the applicant has requested a fee waiver for the development review  fees, which will go before the Community Development/Community Services Committee on  January 23, 2014.  A Right‐of‐Way agreement will need to be modified, and will be handled by  the Public Works Department.     Planner Shirk stated the application was routed to all affected agencies and adjacent property  owners. No significant issues from affected agencies were raised. The stormwater plan will  RECORD OF PROCEEDINGS Estes Valley Planning Commission 8 December 17, 2013 Board Room, Estes Park Town Hall require minor revisions, and a staff is working with the applicant to create a lighting plan for  the entire campus to reduce the overall light level. The adjacent property owners have had  ongoing concerns about the proposed project. The hospital held meetings with the neighbors  in an attempt to work out the issues.    Findings  1. With the exception of the requested variances and Minor Modifications, the application  complies with applicable development/operational standards set forth in the EVDC. This  finding assumes compliance with staff recommendation regarding exterior storage and  mechanical equipment.  2. Use. The proposed use of Lots 1 and 2 (on‐call staff housing; Paramedic use) are not  allowed uses in the E–Estate zone district. Such uses require a majority EPMC Board vote  to overrule local zoning regulations to allow these hospital‐associated uses (Paramedic) in  the single‐family zone district.  3. The use of Lot 3 (single‐family residence) is allowed in the E–Estate zone district.  4. The application mitigates to the maximum extent feasible potential adverse impacts on  nearby land uses, public facilities and services, and the environment.  5. The application is consistent with the policies, goals and objectives of the Comprehensive  Plan.  6. The Minor Modifications (Lot 2 lot size, Lot 3 building setback) results in less visual impact  and more effective environmental or open space preservation, and relieves practical  deifficulties in developing a site, thereby advances the goals and purposes of Section 7.2  Grading and Site Disturbance.  7. The Planning Commission is the recommending body for this application;p the  recommendation is to the Town Board of the Town of Estes Park.  8. In accordance with Section 3.2.D., a revised application shall be a condition precedent to  placing the application on the Town Board agenda. This means a revised application  demonstrating compliance with conditions must be submitted before the application can  move forward to the Town Board, but no later than 30‐ days after Planning Commission  meeting date.    Staff recommends approval, with conditions listed below.    Staff & Commission Discussion  Brief discussion occurred regarding traffic. Planner Shirk stated a traffic impact analysis was  not triggered, and the Public Works Department determined the additional parking would not  create a significant increase in traffic.     Public Comment  Jes Reetz/Cornerstone Engineering applicant representative stated the primary concern from  the neighbors was the original plan to rezone the single‐family homes to RM–Multi‐Family  RECORD OF PROCEEDINGS Estes Valley Planning Commission 9 December 17, 2013 Board Room, Estes Park Town Hall Residential. By subdividing the three lots and keeping the single‐family zoning intact, the  hospital believed this was a workable solution. The expansion project includes 66 parking  stalls, and the applicant is confident this will meet their parking needs for quite some time.  The homes will provide housing for on‐call doctors, who will be parking in the new parking lot,  minimizing traffic on Stanley Circle Drive.      Mark Igel/Town resident submitted written public comment which was posted on the Town  website. He stated there was intent to create a training classroom in one of the homes, and  the proposed and current uses of the property as staff housing are not allowed in E–Estate  zone districts.  He stated one of the homes was being used for vehicle and material storage,  and another was basically a vacation home not being managed like a vacation rental. He  stated the hospital has made structural modifications to create multi‐tenant housing for staff,  is using the properties for storage, which is creating a commercial feel to a residential  property. He was opposed to the probable overruling of the non‐compliant use of the homes,  although he understands the hospital’s authority to do so.  He stated the Right‐of‐Way  agreement was clearly the only part of the project the Town had clear control over, and  encouraged the Planning Commission to consider adding conditions to that agreement.  He  encouraged the Commission to table the application until they had all the information needed  to make a good recommendation.     Ray Sahm/Town resident stated the neighborhood meetings were productive, with the  understanding the zoning would remain E–Estate. He suggested tabling the item under review  until another meeting could take place between the hospital and the neighbors to review the  final plan.     Floyd Nielson/Town resident was especially concerned about the ingress/egress from Stanley  Circle Drive to the proposed hospital parking lot. Fire access design is very important. He  hoped the neighbors would have been able to meet with the hospital to review the final plans.      Vicki Tesar/Town resident concurred with previous comments. Property owners that live out  of state have expressed concerns about the “multi‐family use” that is currently taking place.  She was concerned about depreciating property values, and added that not all those  concerned were represented at today’s meeting.     Vicky Holler/Town resident agreed with previous comments. She stated property right should  be preserved, and this project would have a major impact on the existing property owners in  this subdivision. She believed the adjacent property owners needed to have the opportunity  to review the latest revisions to the plans prior to any decision being made.        RECORD OF PROCEEDINGS Estes Valley Planning Commission 10 December 17, 2013 Board Room, Estes Park Town Hall Mike Kingswood/Town resident stated there were alternatives for additional parking needs at  the hospital. The transit hub and/or future parking garage would be possibilities, with small  buses used to shuttle employees to and from work. He agreed with Mr. Igel’s comments.     Kathleen Case/Town resident agreed with Mr. Igel’s comments.    Yvonne Bickford/Town resident was concerned about the rezoning request. She hoped the  hospital would honor their agreement with the neighbors. The noise and lighting is extensive.  Small trees planted to diminish the lighting issues have died, and traffic on Stanley Circle has  increased significantly.     Rick Zuba/Town resident agreed with Mr. Igel’s comments, and his largest concern was the  increased traffic and the improper use of the homes on Stanley Circle Drive.    Mark Robinson/Estes Valley Fire District explained the two points of access have been in place  for many years, and the plan is to improve the second access. Planner Shirk explained access  to the neighborhood would not change.   Mark Igel, invited back to the podium, explained the reasonable solution by the hospital was  to focus parking for the three homes towards the back of the homes facing the hospital. The  current problem is the transient overnight traffic from people staying in the homes on Stanley  Circle Drive. A previous plan showed the addition of sidewalks from the backs of the homes to  the hospital, and the current plan and current use has people using Stanley Circle Drive as the  main access to the homes. During the past several months he has frequently counted the  number of open spaces in the existing parking lot, and discovered there were always at least  20 spaces available at various times during the day. At one point, additional spaces became  available when the hospital offered incentives to employees parking off‐campus. Again, he  encouraged the Planning Commission to table the item to allow time for additional  neighborhood meetings to reach an acceptable agreement between them and the hospital  (e.g. manage the homes better, be responsible neighbors, etc.).      Jes Reetz/applicant representative admitted traffic is an issue. Once the parking lot is  completed, the traffic will be rerouted to the parking lot and not coming from Stanley circle  Drive. He agreed the free lunch program for off‐campus parking was successful. The applicant  proposes light poles shorter than the existing poles would be installed, and added some of the  current exterior lights were incorrectly tilted and LED fixtures would be used in the new  lighting. He stated the Right‐of‐Way agreement would only allow parking lot us, and no  buildings would be constructed in the right‐of‐way.      Commissioner Klink stated he disagreed with Finding #5. The Comprehensive Plan includes  verbiage as to the importance of neighborhoods, and keeping residential areas separate from  commercial areas. Planner Shirk clarified his interpretation with Finding #5 dealt with the  RECORD OF PROCEEDINGS Estes Valley Planning Commission 11 December 17, 2013 Board Room, Estes Park Town Hall Comprehensive Plan’s guide to support infill and the protection of the undeveloped natural  areas (the mountainous area to the west of the hospital). Planner Shirk’s focus was on the  parking lot and its design, not on the use of the properties on Stanley Circle Drive, because the  hospital has the ability to use those properties for however they feel appropriate.      Town Attorney White stated many of today’s comments should be directed to the Park  Hospital District Board, as the Planning Commission does not have the right to determine the  use of the property. Two other public hearings will be held concerning this application: the  Town Board for the Special Review determination, and the Hospital District Board to  determine whether or not they will comply with the recommendations. Also, the PUP and  CD/CS Committees will meet regarding the Right‐of‐Way agreement and the fee waiver,  respectively.     Brief discussion occurred concerning the hospital’s authority to overrule the Development  Code regulations, and the Planning Commission’s frustration because of it.    Conditions  The following conditions apply to the Special Review.  1. Board of Adjustment approval of variances for parking lot setback and minimum lot size.  2. Approval of the subdivision and rezoning.  3. Town board approval of the revised right‐of‐way agreement.  4. The oxygen storage tank north of the main building shall be painted to match the hospital  building.  5. Areas of vehicle storage shall be delineated on the site plan.  6. Compliance with the following affected agency comments:  a. Community Development memo dated December 6, 2013. This includes requirements  for construction plans, exterior lighting, and outdoor storage.  b. Public Works memo dated December 2, 2013.  c. Estes Park Sanitation District memo dated November 27, 2013.    It was moved and seconded (Dickey/Murphree) to recommend approval of the Preliminary  Plat to the Town Board with the findings and conditions recommended by staff and the  motion passed unanimously.     It was moved and seconded (Hills/Sykes) to recommend approval of Rezoning Outlots A and  B from E–Estate to RM–Multi‐Family Residential with the findings and conditions  recommended by staff and the motion passed unanimously.    It was moved and seconded (Klink/Murphree) to recommend disapproval of Special Review  2013‐03 to the Town Board with the findings and recommendations by staff due to the  RECORD OF PROCEEDINGS Estes Valley Planning Commission 12 December 17, 2013 Board Room, Estes Park Town Hall proposed uses of Lots 1 and 2, which do not comply with the use standards of the E–Estate  zone district, and the motion pass unanimously.     Mr. Igel complimented the Commission on their decision, stating it was a strong statement to  the hospital board. The neighbors will continue to work with the hospital.    6. ESTES VALLEY DEVELOPMENT CODE AMENDMENT CONCERNING CONCURRENT REVIEW AND  PROMULGATING PROCESSING SCHEDULES  Town Attorney White stated the Town Board directed staff to draft an amendment to the  Estes Valley Development Code requiring concurrent submittal of development applications.  Town Board directed staff to apply the amendment in all cases, so the Estes Valley Board of  Adjustment would review the applications after the Town Board and County Commission had  reviewed and made decisions on applications.  After discussion at the study session, it was  determined it was a very complex amendment, would not address all the problems, but would  prevent Board of Adjustment approval of a proposed project prior to going to the Planning  Commission, Town Board, and/or County Commission. There was brief discussion concerning  unintended consequences the amended would bring. Director Chilcott stated the Town Board  was clear in their direction, and typically applications for large projects requiring multiple  reviews are submitted at the same time allowing a review schedule to be determined. In one  particular case, the only application submitted for a proposed complex development was for a  height variance, which went to the Board of Adjustment without major sharing of information  about the project.      Commissioner Hills was supportive of concurrent review. Commissioner Klink was supportive  of some flexibility. Director Chilcott stated the Town Board desired to have no flexibility in the  amendment, so in all cases the Board of Adjustment would have the final review.    The Commission’s consensus was to revise the draft amendment, removing the last three  words “and/or Boards.”    The proposed draft amendment is as follows:  Section 3.1.E Concurrent Review  At the election of the applicant and with the concurrence of the Staff, applications for  different types of development approvals may be processed concurrently whenever possible  to expedite total review and processing time for a project. The Community Development  Director may require concurrent submittal of related development applications. However, in  all cases a related BOA application shall be reviewed after final action of related development  application by EVPC and/or Boards.  Section 3.1.F Application Processing Schedule  The staff may promulgate a processing schedule for each application.    RECORD OF PROCEEDINGS Estes Valley Planning Commission 13 December 17, 2013 Board Room, Estes Park Town Hall It was moved and seconded (Klink/Murphree) to recommend approval of the proposed text  amendment to the Estes Valley Development Code as described in Exhibit A to the Estes  Park Town Board and the Larimer County Board of County Commissioners with a slight  change, removing “and/or Boards” from the last sentence in Section 3.1.E. and the motion  passed unanimously.    7. REPORTS  A. Director Chilcott reported the Estes Park Transit Facility and Parking Structure, originally on a  fast‐track schedule has been slowed down due to the flood. The tentative Planning  Commission review schedule is February, 2014 depending on details of the review process.  B. Director Chilcott reported the Anschutz Wellness Center at the Stanley Hotel special  Planning Commission meeting scheduled for December 9, 2013 was cancelled when the  applicant withdrew the application. Plans are being revised, and we are anticipating a new  submittal with a possible February review.  The new application review process would not  be expedited, and would be completed by staff.   C. Planner Shirk reported the Wildfire Development Plan applicant has requested a  continuance. The property owner has ceased the use of the saw mill. Staff continues to  communicate with the applicant to determine the future status of the application.   D. Planner Shirk reported the Town Board approved the Al Fresco Place Amended Plat and  Supplemental Map #4 for Stonebridge Estates Condominiums were approved in  November.   E. Planner Shirk reported he will begin meeting with the County Commissioners again, now  that Hwy 34 has reopened.   F. Planner Shirk reported going on a site visit to view monopine cell towers. These towers  can be placed in forested areas, and resemble pine trees. Cell tower reviews are  conducted at staff level.  G. Planner Shirk reported the Board of Adjustment would be reviewing a variance for the fire  truck turnaround would be heard on January 7, 2014.   H. Planner Kleisler reported the modernization of the Comprehensive Plan was put on hold  following the flood. An amended timeline was distributed to the Planning Commission at  the study session. Staff is ready to begin again with work on the modernization, with a  completion date targeted for July, 2014. The changes would require review by the  Planning Commission, Town Board, and County Commission.  I. Director Chilcott stated the Town applied for and received funding for a Fall River Master  Plan, $94,000 from the Natural Resource Conservation Service and $50,000 from the  Community Foundation. The Town is hoping to obtain grants to produce new floodplain  maps. Funds to restore Fish Creek have been applied for. Several meetings are planned  with property owners to inform them as to what resources are available. Shellie Tressell  has been assisting the department with grant writing.  J. Planner Shirk reported the Estes Valley Recreation and Park District was the recipient of a  $35,000 GoCo grant to update the trails plan in the Estes Valley.  RECORD OF PROCEEDINGS Estes Valley Planning Commission 14 December 17, 2013 Board Room, Estes Park Town Hall K. Chair Hull stated she was proud of how the Planning Commission handled the review  process for the Hospital Parking Lot Expansion.     There being no further business, Chair Hull adjourned the meeting at 4:15 p.m.            ___________________________________        Betty Hull, Chair                  ___________________________________        Karen Thompson, Recording Secretary  Town of Estes Park, Larimer County, Colorado, December 18th, 2013 Minutes of a Regular meeting of the Transportation Advisory Committee of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall Room 202 in said Town of Estes Park on the 18th day of December, 2013. Present: Kimberly Campbell Gregg Rounds Cory LaBianca Ann Finley Belle Morris Stan Black Also Present: John Ericson, Town Board Liaison Kevin Ash, Public Works Civil Engineer Jen Imber, Public Works Secretary Absent: Thom Widawski Bryon Holmes Kimberly Campbell called the meeting to order at 12:04 p.m. GENERAL DISCUSSION Minutes from the November 20, 2013, TAC meeting were reviewed by members. One slight amendment was suggested, and it was moved and seconded (Finley/Black) to approve the amended minutes, with the motion passing unanimously. UPDATES ON TOWN TRANSPORTATION PROJECTS Kevin Ash updated the committee on ongoing projects around Town. The project at the intersection of 34/36 has been delayed, with Public Works working with CDOT to reach completion. Questions were raised regarding the use of TVC signage recommendations during this reconstruction and the committee agreed this would be an ideal time to assert recommendations and suggestions. It was suggested CDOT be invited to attend the February meeting to discuss incorporation of the signage recommendations into the project, as well as other ideas such as renaming Wonderview Avenue to Fall River Road for consistency. The committee requested Scott Zurn and Kevin Ash review Public Works plans and projects involving signage, including a potential comprehensive assessment of signage throughout Town. A brief update was also given on Fish Creek corridor repairs, including the recently opened temporary two-way road with several access points. REVIEW OF TVC RECOMMENDATIONS The committee continued review of TVC recommendations. Signage for historical sites was suggested, as was creating a system of colors and shapes to indicate routes/entities (Town, RMNP, etc.). The committee would like to contact other towns that have successfully implemented a similar system to find out how they it was conceived and accomplished. Another area of focus was the shuttle system, with potential for improving routes, hours, signage, maps and incentives to ride. Sandy Osterman, a representative from the Shuttle Committee, will be invited to attend future TAC meetings and contribute to this discussion. Additional parking/transit hubs was another area of focus. The committee would like to create an incentive system to encourage downtown employees to use the shuttle system instead of tying up downtown spaces during peak retail time. Stan Black suggested the committee organize and implement a great incentive program, endorsed by the Town, without the use of Town funds or staff time. A particular goal the committee would like to achieve in 2014 is blocking the entrance to Big Horn Drive from Elkhorn Avenue during the summer months. Options on rerouting traffic using Cleave Street were discussed. Public Works will compile a list of pros and cons of closing off this street to summer traffic and present it at the January meeting. John Ericson referred to a report commissioned by EPURA several years ago regarding parking on Cleave Street that may be useful in this endeavor. Improved bicycle access through downtown, with more bike racks, was another topic touched on. Potential for bike lanes to be included in the downtown highway reroute was discussed as an opportunity to be explored within the FLAP project. AGENDA ITEMS FOR JANUARY MEETING Items for the January meeting agenda include a signage review from Public Works, the Big Horn Drive summer closure and a private trolley tour business in Town. Kimberly Campbell adjourned the meeting at 1:56 p.m. TOWN CLERK Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: January 28, 2014 RE: Liquor Licensing: New Hotel & Restaurant Liquor License Application for Mountain Strong, LLC dba Mountain Strong Restaurant, 361 S. St. Vrain Avenue Objective: Approval of a new Hotel & Restaurant Liquor License located at 361 S. St. Vrain Avenue, Estes Park, Colorado. Application filed by Mountain Strong, LLC dba Mountain Strong Restaurant. Present Situation: An application for a new Hotel & Restaurant Liquor License was received by the Town Clerk’s office on December 13, 2013. All necessary paperwork and fees were submitted; please see the attached hearing procedure for more information. The applicant fulfilled the TIPS training requirement by attending and successfully completing a class offered by trainer Barb Boyer Buck on January 11, 2014. The application has been sent to the Colorado Department of Revenue Liquor Enforcement Division (LED) for a concurrent review as requested by the applicant. This allows the LED to review the application at the same time as Town staff and expedites the issuance of the new liquor license. Proposal: Town Board review and consideration of the application for a new Hotel & Restaurant Liquor License. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The business owner is denied the ability to include the sale of alcohol beverages in the business plan for the operation of the Mountain Strong Restaurant. Action Recommended: Approval of the application for a new Hotel & Restaurant Liquor License. Budget: The fee paid to the Town of Estes Park for a new Hotel & Restaurant Liquor License is $1319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Hotel & Restaurant Liquor License is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny the application for a new Hotel & Restaurant Liquor license filed by Mountain Strong, LLC dba Mountain Strong Restaurant. Attachments: 1. Procedure for Hearing 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of Mountain Strong, LLC dba MOUNTAIN STRONG RESTAURANT for a new Hotel and Restaurant Liquor License located at 361 S. St. Vrain Avenue. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: The application was filed December 13, 2013. At a meeting of the Board of Trustees on January 14, 2014, the public hearing was set for 7:00 p.m. on Tuesday, January 28, 2014. The neighborhood boundaries for the purpose of this application and hearing were established to be 3.72 miles. The Town has received all necessary fees and hearing costs. The applicant is filing as a Limited Liability Company. The property is zoned CO – Commercial Outlying which allows this type of business as a permitted use. The notice of hearing was published on January 17, 2014 . The premises was posted on January 15, 2014 . 2 There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: Unscheduled ____ Scheduled X Completed on January 11, 2014 There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS. The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication. Indicate that all evidence presented will be accepted as part of the record. Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Phil Kleisler, Planner I/Code Compliance Officer Date: January 28, 2014 RE: Wapiti Minor Subdivision, Lot 22, South Saint Vrain Addition, 1041 South Saint Vrain Avenue; Lexington Lane LLC, Applicant. Objective: Review of the minor subdivision application for compliance with the Estes Valley Development Code (EVDC). Present Situation: The property is currently zoned RM Multi-Family and borders South Saint Vrain to the east, Lexington Lane to the north, and single family residential properties to the west and south. Proposal: This is a request to subdivide a 5.825 acre parcel into two separate lots. Lot 1 (northern lot) is proposed to be 4.792 acres and Lot 2 (southern lot) will be 1.033 acre. There is an existing cabin on the proposed Lot 2 that will connect to public sewer services (currently on septic). There is no development proposed for Lot 1. Advantages: • Complies with EVDC. • Would advance the purpose of subdivision standards by providing lots of reasonable utility and livability. • An advantage to the property owner is this would allow for a private real estate transaction for the proposed southern lot. Disadvantages: None Existing Lot Boundary Proposed Lot Line (creates two lots) Action Recommended: On December 17, the Planning Commission unanimously (7-0) voted to approve with the findings and conditions as recommended by staff: 1. Compliance with affected agency comments: a. Estes Park Sanitation District email dated November 27, 2013. b. Estes Park Public Works memo dated December 2, 2013. c. Colorado Department of Transportation email dated November 24, 2013. d. Estes Valley Fire Protection District memo dated November 12, 2013. 2. The proposed sidewalk along Lexington Lane shall be installed or guaranteed prior to plat recordation. 3. Sewer infrastructure to the existing cabin on proposed Lot 2 shall be installed or guaranteed prior to plat recordation. 4. Reformat plat for recording (remove improvements). Note: Conditions will be addressed prior to plat recordation. Budget: N/A Level of Public Interest: No public comment has been received, and no members of the public spoke at the Planning Commission meeting. Sample Motion: I move for the approval/denial of the proposed Minor Subdivision of Lot 22, South Saint Vrain Addition, subject to the findings and conditions of the Planning Commission. COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: David Shirk, Senior Planner Date: January 28, 2014 RE: IMPROVEMENT AGREEMENT EXTENSION. Streamside Condominiums on Fall River, 1260 Fall River Road; Diversified Properties, LLC/Applicant. Planner Shirk Objective: Extend timeframe for installation of required infrastructure improvements to allow owner to resolve on-going negotiation with adjoining neighbor and potential buyer. Present Situation: The Streamside Condominium subdivision was approved by the Town Board in May 2006. To date, no units have been individually sold. The condominium subdivision approval required installation of adequate public facilities including a water main, paved internal roads, an electrical main and service upgrades, expanded sewer system, and a portion of the Fall River trail. These infrastructure improvements are required in order to ensure the condominium units are served by adequate public facilities prior to sale. Improvements were due to be completed no later than mid-2008. In March 2010, the Town Board approved an infrastructure phasing plan, with a completion date by December 2013. These improvements have not been completed. In December, Community Development staff extended the Letter of Credit for the project in anticipation of calling the letter and contracting the work to get the improvements installed. The property is currently on the market and under contract. In addition, the property adjacent to the west is under development review (“The Sanctuary”), which will require road and sanitary sewer improvements through the Streamside property. The potential buyer and the adjacent developer desire to have the required infrastructure installed by early summer 2014, and have been working with the property owner to resolve the issues. Community Development staff supports the request to provide a short extension to allow the private property owner to install the required timeframes rather than drawing the letter of credit and managing the project. Proposal: Extend the required timeframe to allow the property owner to work with adjacent development and purchaser of property to install required infrastructure in conjunction with ‘The Sanctuary’ development to the west. The application does not include a specific timeframe. Staff recommends a six-month time extension to allow infrastructure to be installed in later winter/spring/early summer this year, with a deadline of June 30, 2014. Infrastructure for The Sanctuary must be installed before building permits can be issued, which means the developer is motivated to resolve the situation as soon as possible. Advantages:  Provide for coordinated utility infrastructure with adjacent development.  Would reduce number of river sewer crossings by one.  Community Development staff would not need to draw on the letter of credit and manage the project. Disadvantages:  None. Action Recommended: Approval, with a completion timeframe no later than June 30, 2014. Budget: Staff time to manage a construction project. Level of Public Interest Very low. Sample Motion: I move for the approval/denial of the request to extend timeframe conditional to: 1) Water, sewer, electrical infrastructure installed no later than June 30, 2014 2) Bridge and road installed no later than June 30, 2015. Attachments:  Letter from design engineer requesting extension  March 2010 Town Board report 4.4O-----LANDSURVEYSSUBDIVISIONSDEVELOPMENTPLANNINGIMPROVEMENTPLATSSTRUCTURALENGINEERINGSANITARYENGINEERINGMUNICIPALENGINEERING—•.•;,January10,2014DearTownBoardMembersandPlanningDirectorChilcott:StreamsideCondominiumswereapproved-recordedinJuneof2006.Thereare20existingcondominiumunitsand24approvedforfutureconstruction.Thepropertyhasbeen,andcurrentlyisusedfor,nightlyrentals.Therehavebeennosalesofanycondominiumunitssincetheapproval.ALetterofCredit(LOC)isheldbytheTownforapproximately,S131,000tosecurethepublicimprovementsaccordingtotheSubdivisionImprovementGuarantee.Duetoseveraldevelopmentproposalsonthepropertytothewest,theownershavewaitedtocostsharemanyoftheimprovementsandplantheminawaysuitabletobothproperties.ThereiscurrentlyadevelopmentprojectthathasgainedconditionalapprovalwithPlanningCommissionandishighlylikelytogoforward.Theowner’sdesireistokeepthecondominiumapproval,revisethesubdivisionimprovementguarantee.andmaketheremainingimprovementsinthenextyear.Theyinclude:1.ExpandinternalpavedroadstomeetCodestandards.Estimatedcost=$28,5002.Updateelectricalmainandservicelines(allburied).Estimatedcost$51,9083.Upgrade/expandsewersystem.Estimatedcost$31,750TheaboveitemsshouldbecompletedwiththedevelopmentimprovementsthatwillhappenfortheSanctuary.IheownersrealizethattheyareindefaultofthecurrentSubdivisionImprovementGuarantee.lheyhavebeenexpectingadevelopmenttohappentothewestforseveralyearsnowandfinallyappearsasthoughonewillhappen.Pleaserememberthatthecurrentuseofthepropertyhasnotchangedeventhoughthecondominium(subdivision)wasapproved.Theownersplantosellthepropertyinthenearfutureandrealizetheneedtohaveacurrentguaranteeinplacebeforethesale.Thenewownerswillreplacetheirletterofcreditwithoneoftheirownatthetimeofthesale.Youshouldalsoknowthatthecurrentownersdidgranteasementsthr,andpaidtheTown$16,012,inlate2008.forthepublictrailimpro\ementsthatfrontthislandandarenowcompleteandinusebythepublic(theoriginalcostestimateguaranteeforthisitemwas$17,755).Theyalsocompletedthewatermainupgradeandfirehydrantasrequired.ThoughtheyhavenotcompletedtheagreementtheyhasshowngoodlIuithtotrytogetthemdone._—V4/1\VANHORNENGINEERINGANDSURVEYINGtill\\1043fish(rekRoad•EstesPark,Colorado80517•)70-58(-Q$t•fi070•58(.hIDI•E-mail:‘Iieaairhits.corn Thankyouforyourconsiderationoftheabove.Sincerely.oopForVanHornEngineeringandSurveyingInc.AndStreamsideCondominiums.C:CurtThompsonU43Fish(reekRoad•EstesPark,(oioradoX057•Q7O.56-Q3kX•ta97O-56-1Ol•I-ma:heairhits.corn ;ubmittalDate:ESTESVALLEYDEVELOPMENTREVIEWAPPLICATIONDevelopmentPlanSpecialReviewFRezoningPetitionFPreliminarySubdivisionPlatFFinalSubdivisionPlatFMinorSubdivisionPlatFAmendedPlatFBoundaryLineAdjustmentFROWorEasementVacationFStreetNameChangeVTimeExtensionFOther:PleasespecifyCondominiumMapFPreliminFFinalFSupplenMap1o2Q4‘I—IPnItkProjectNameProjectDescriptionProjectAddressLegalDescriptionParcelID#5rpa,vistoLC,t10((It’Liea./lb%k’e7tLtrf’tJ4/Off(?v’c/6s#àVL(CO3e,ucL,Cc*tc&b4(‘Vt-t,(//t’,(,4/(t;çLotSizeI&.23yAreaofDisturbanceinAcresExistingLandUseProposedLandUse.ExistingGasServiceXcelTownrWellFNoneFOther(specify)i(TownFWellFNoneFOther(specify)ExistingZoningA-4tco*tdctt%.qProposedZoning,..iwt.pIQ7t,¶aqSiteAccess(ifnotonpublicstreet)/4/rf’(cerct’.Aretherewetlandsonthesite?FYesComplete?FYesrNoNameofPrimaryContactPersonf,-.,.CompleteMailingAddressPrimaryContactPersonis/QLPLrk)c(,FOwner—ApplicantConsultantJEnqineerApplicationfeei(Statementofintent£7’14’°copies(folded)ofplatorplanV11X17reducedcopyofplatorplanPleasereviewtheEstesValleyDevelopmentCodeAppendixBforadditionalsubmittalrequirements,whichmayincludeISOcalculations,drainagereport,trafficimpactanalysis,geologichazardmitigationreport,wildfirehazardmitigationreport,wetlandsreport,and/orotheradditionalinformation.ExistingWaterServiceProposedWaterServiceExistingSanitarySewerServiceProposedSanitarySewerServiceLXEPSDEPSDIsasewerliftstationrequired?FYesFUTSDFUTSDNoFNoneFOtherFSepticFSepticFNoneNoTownofEstesParkP.O.Box1200s170MacGregorAvenue%sEstesPork,CO80517CommunityDevelopmentDepartmentPhone:(970)577-3121-Fax:970)586-0249-ewww.esles.org/ComDevRevised2011.11.16KT Emailc.‘9fJ7LIZApplicantOçMailingAddressPhoneCellPhoneFaxEmail°Q3cAiJ44c‘c)f.—??tAPPLICATIONFEESFordevelopmentwithintheEstesValleyPlanningArea,bothinsideandoutsideTownlimitsSeethefeescheduleincludedinyourapplicationpacketorviewthefeescheduleonlineat:www.estes.orq/ComDev/Schedules&Fees/PlanninQApplicationFeeSchedule.pdfAllrequestsforrefundsmustbemadeinwriting.Allfeesaredueatthetimeofsubmittal.MINERALRIGHTCERTIFICATIONArticle65.5ofTitle24oftheColoradoRevisedStatutesrequiresapplicantsforDevelopmentPlans,SpecialReviews,Rezoning,PreliminaryandFinalSubdivisionPlats,MinorSubdivisionPlatsifcreatinganewlot,andPreliminaryandFinalCondominiumMapstoprovidenoticeoftheapplicationandinitialpublichearingtoallmineralestateownerswherethesurfaceestateandthemineralestatehavebeensevered.Thisnoticemustbegiven30dayspriortothefirsthearingonanapplicationfordevelopmentandmeetthestatutoryrequirements.IherebycertifythattheprovisionsofSection24-65.5-103CRShavebeenmet.Names:RecordOwnerPLEASEPRINTApplicantPLEASEPRINT.LAiThsateSignatures:27L7L..Applicant1/”7—-——LEZ.--—----Date9jrRecordOwner(s)MailingAddressPhoneCellPhoneFaxIDvit-(cper74L-£4-(,q(,qT2(OSffLPp1eI.PC?4?1CCO(rtAr#I.ii1IIIIConsultantlEngineerMailingAddressPhoneCellPhoneFaxVi1...iY11?tZTeche,—Emailjo/e,!a,v-LrsIC6V1RecordOwnerDateJA//yRevised2011.11.16KT APPLICANTCERTIFICATIONIherebycertifythattheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandthatinfilingtheapplicationIamactingwiththeknowledgeandconsentoftheownersoftheproperty.Insubmittingtheapplicationmaterialsandsigningthisapplicationagreement,IacknowledgeandagreethattheapplicationissubjecttotheapplicableprocessingandpublichearingrequirementssetforthintheEstesValleyDevelopmentCode(EVDC).IacknowledgethatIhaveobtainedorhaveaccesstotheEVDC,andthat,priortofilingthisapplication,Ihavehadtheopportunitytoconsulttherelevantprovisionsgoverningtheprocessingofanddecisionontheapplication.TheEstesValleyDevelopmentCodeisavailableonlineat:http://www.estes.org/ComDev/DevCodeIunderstandthatacceptanceofthisapplicationbytheTownofEstesParkforfilingandreceiptoftheapplicationfeebytheTowndoesnotnecessarilymeanthattheapplicationiscompleteundertheapplicablerequirementsoftheEVDC.Iunderstandthatthisproposalmaybedelayedinprocessingbyamonthormoreiftheinformationprovidedisincomplete,inaccurate,orsubmittedafterthedeadlinedate.Iunderstandthataresubmittalfeewillbechargedifmyapplicationisincomplete.TheCommunityDevelopmentDepartmentwillnotifytheapplicantinwritingofthedateonwhichtheapplicationisdeterminedtobecomplete.IgrantpermissionforTownofEstesParkEmployeesandPlanningCommissionerswithproperidentificationaccesstomypropertyduringthereviewofthisapplication.IacknowledgethatIhavereceivedtheEstesValleyDevelopmentReviewApplicationScheduleandthatfailuretomeetthedeadlinesshownonsaidschedulemayresultinmyapplicationortheapprovalofmyapplicationbecomingnullandvoid.Iunderstandthatfullfeeswillbechargedfortheresubmittalofanapplicationthathasbecomenullandvoid.Names:RecordOwnerPLEASEPRINTApplicantPLEASEPRINT.T-ew’Signatures:Owner—Date________________Applicant—._Date_______________Revised2011.11.16KI Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Robert Joseph, Director Date: March 17, 2010 RE: Improvement Guarantee Time Extension, Streamside on Fall River Condominiums; Curtis Thompson/Applicant Background: This is a request for an extension to the timeframe for completion of improvements required with Town Board’s approval of the Streamside Condominium conversion on May 23, 2006. In accordance with Estes Valley Development Code Section 10.5.K.4 Time for Completion, improvements are required to be completed within two years of recordation of the condominium map, i.e., improvements were due to be completed by mid-2008. Because condominiums are a form of subdivision compliance with subdivision standards was required. Adequate public facilities upgrades were delineated on the approved maps and the property owner signed the attached subdivision improvement agreement describing the required improvements and the timeframe for completing the improvements. Improvements include: 1. Extending a water main and adding a fire hydrant; 2. Expanding internal paved roads; 3. Upgrading electrical main and service lines; and 4. Upgrading/expanding the sewer system. Staff has worked with the property owner over the past few years and the property owner has paid for the required trail improvements. Completion of remaining subdivision Community Development Memo Page 2 improvements is almost two years past due and the property owner is currently in default of his improvement agreement. Lonnie Sheldon with Van Horn Engineering has prepared the attached letter for the property owner proposing a phasing plan, with completion of all improvements in three years, i.e., by December 1, 2013. Budget: If the Town uses the applicant’s letter of credit to complete the improvements there may be a financial impact relating to attorney’s fees and staff time spent on administration of the construction. Staff Recommendation: If the Town Board chooses to recommend approval of this request, staff has provided recommended conditions on approval below. Staff’s recommendation incorporates the attached comments from the Estes Valley Fire Protection District dated March 16, 2010. Sample Motion: Approval I move to approve this request for an extension of the timeframe for completion of required improvements conditional to: 1. An updated cost estimate, reflecting current construction costs, shall be submitted for staff review and approval; and 2. A letter of credit shall be provided for the full amount of the updated cost estimate and the letter of credit shall bear an expiration date no later than December 1, 2013, or a cash financial guarantee shall be provided. 3. If there is a condominium sale water and road improvements must be completed before such a sale is made. Denial I move to deny this request an extension of the timeframe for completion of required improvements. Resolution # 03-14 – Officially Scheduling Regular Municipal Election – April 1, 2014 Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: January 24, 2014 RE: Resolution # 03-14 – Officially Scheduling Regular Municipal Election – April 1, 2014 Objective: To provide for the administration of the next regular Municipal election on April 1, 2014 per State Statute, determine election method (poll vs. mail ballot) and identify the Town Clerk as the Designated Election Official (DEO). Present Situation: The past three Town elections have been mail ballot elections due to the number of voters signed up with the permanent mail ballot voter designation (62%) and the higher voter turnout experienced (20-30% for poll vs 50-60% for mail). These elections were conducted by Larimer County using the mail ballot law in Title 1 of the Colorado Revised Statute. In 2013, HB 13-1303, known as the “Voter Access and Modernized Elections Act” was signed by Governor Hicklenlooper on May 10, 2013 and became effective for all elections conducted on or after July 1, 2013. The changes to the election law in Title 1 were significant and affected the mail ballot portion of the Title. The following are a few of the new complications and complexities the Town would be required to follow with a mail ballot election under Title 1: 1. Establish voter service centers, based on the number of registered electors in the county in which the municipality is located. 2. Open voter service centers eight (8) days prior to the election, including the Saturday before the election. 3. Establish stand-alone drop-off locations, located separately from voter service centers, in an amount equal to at least one per 30,000 active voters in the county in which the municipality is located. These along with other rules that were changed including the residency requirements in Title 1 (Mail Ballot law) of 22 days versus the residency requirements in Title 31(Municipal Election law) of 30 days, are cause to reconsider a mail ballot election for 2014. There is concern that added scrutiny may be placed on this election as there are Resolution # 03-14 – Officially Scheduling Regular Municipal Election – April 1, 2014 2 a number of ballot questions, thereby increasing the possibility of legal challenges to the election results. The Town met with the County Clerk and Recorder Angela Meyers who indicated the County Election Office would not hold a mail ballot election under Title 1 for the Town due to the unknown challenges and the potential changes to the election law that may occur in 2014 during the legislative session. CML has been working with the Special Districts Association, and coordinating with other interested parties, to create a bill ‘concerning non-partisan’ elections, which includes a new statute, to be incorporated into Title 31, for municipalities to use when conducting mail ballot elections. House Bill 14-1164 was introduced on January 22, 2014 and is scheduled for to be heard on January 27, 2014 in the House State, Veterans & Military Affairs Committee. The Town was notified the bill could be heard and approved as early as February 10, 2014. The new statue would not require voter service centers, stand-alone drop-off locations, equipment certification, or even mail ballot plan approval by the Secretary of State. The bill would allow municipalities to conduct mail ballot elections in a manner that is efficient, relatively inexpensive, and as a positive service to the voters. Staff has prepared the memo and the following recommendation based on the information available at the time the memo was written. Staff continues to receive updates daily and will bring forward any new information received to the Board meeting on Tuesday, January 28, 2014. Proposal: Town staff recommends conducting a poll election under Title 31 for the regular Municipal election on April 1, 2014. It is not feasible to meet the requirements of the new election law approved in 2013 due to staffing levels and cost associated with setting up and staffing vote centers and drop off locations. In addition, the mail ballot law does not outline how the Town as a municipality would determine the number of vote centers or the number of drop of locations needed, and the drop off locations must be staffed or have cameras in place to monitor each drop off location. Approving a poll election would allow staff to move forward with current plans to notify all registered voters through a postcard of their option to receive a ballot by mail through the completion of an absentee ballot application. Staff has discussed the possibility of the County Election Office providing support to the Town by preparing the ballot, TABOR notice preparation and mailing, registration of voters up to and through election day, equipment rental and programming of equipment, and assistance with the formal counting and canvasing of the election. Due to the uncertainty of House Bill 14-1164 and the uncertainty on the type of election the Town would move forward with, the County has not indicated if they would support the Town with a poll or a mail ballot election under Title 31. It is staff’s opinion at this time with the information available that if HB 14-1164 passes during the week of February 10, 2014 the Board could hold a special meeting to change the election to a mail ballot election. The Town would need to consider the implications of making a change at this late juncture with the largest concern centered on voter confusion. Resolution # 03-14 – Officially Scheduling Regular Municipal Election – April 1, 2014 3 Advantages:  Staff can move forward with planning the election as a poll election.  Continue communications with the County to utilize their expertise, equipment, etc.  Allows Issue Committees and potential candidates the ability to formulate campaign plans.  Staff can move forward with public education related to absentee ballots allowing voters to receive a ballot by mail.  Reduces the Town’s exposure to potential costly and lengthy legal challenges. Disadvantages:  Poll elections traditionally have a lower turnout.  Voters have become accustom to mail ballot election and expect to receive a ballot in the mail.  An absentee ballot application must be completed by the voter in order to receive a ballot in the mail. Action Recommended: Approve Resolution #03-14 setting the Town Board election for April 1, 2014, designating the Town Clerk as the Designated Election Official and setting the election as a poll election under Title 31. Budget: The 2014 budget contain $12,000 for the election. Level of Public Interest: High Sample Motion: I move to approve/deny Resolution #03-14. Attachments: Resolution #03-14 RESOLUTION NO. 03-14 WHEREAS, by the Statutes of the State of Colorado, the 1st day of April, 2014 is fixed as the time for a regular municipal election of the Town. WHEREAS, it is the duty of the Board of Trustees to provide for the administration of the election; and WHEREAS, it is the decision of the Town Board by the adoption of this Resolution to hold the Regular Municipal election of April 1, 2014 by poll pursuant to the provisions of Article 10 of Title 31 of the Colorado Revised Statue.; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That a regular municipal election on Tuesday, April 1, 2014 for the election of three (3) Trustees and any ballot questions referred to the voters by the Board of Trustees. 2. That the only polling place shall be in the Municipal Building: Rooms 202-203, Municipal Building for polling place voting, April 1, 2014 (election day), 170 MacGregor Ave., Estes Park, Colorado. 3. That early voting will be conducted through Absentee Ballot voting with applications available January 1, 2014 through March 28, 2014 and shall be available from 8:00 a.m. – 5:00 p.m. in the Town Clerk’s Office. 4. That the polls on Election Day shall be open from 7:00 a.m. - 7:00 p.m. 5. That the “ACCUVOTE” voting system shall be used in the municipal election and that the Town Clerk be and is hereby authorized and directed to perform all acts and functions necessary for the use of such voting equipment as required by the laws of the State of Colorado pertaining thereto. 6. That pursuant to Section 31-10-401, C.R.S., 1973, the Board of Trustees delegates to the Town Clerk, by Resolution, the authority and responsibility to appoint the Judges of Election. 7. That the Judges of Election shall receive for their services the sum of $120.00/ea. on Election Day, and $10.00/ea. for Judges Training School. 8. That the Town Clerk shall, at the expense of the Town, arrange for such materials and supplies for such election as may be necessary. DATED this day of 2014. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: January 28, 2014 RE: Intergovernmental Agreement with State of Colorado & Federal Highways for Emergency Flood Repairs Objective: To provide the Intergovernmental Agreement (IGA) between the State of Colorado and the Town of Estes Park for flood damages that qualify for reimbursement under the Federal Highway Administrations disaster relief program. This program is administrated by the Colorado Department of Transportation. This IGA is presented for consideration. Present Situation: This IGA stipulates the terms of reimbursement and what is eligible for reimbursement for flood damaged roadways. These reimbursement areas are limited to Federal Aid roadways determined by the FHWA. For Estes Park, these areas are Fish Creek Rd, Scott Ave, Country Club Rd, Brodie Ave and Community Dr as major damaged areas eligible under this program. For clarification, these areas that are FHWA eligible will not be eligible under FEMA programs. This master agreement (IGA) must be executed to be eligible for reimbursement. Budget: Currently, rough estimations of infrastructure losses in these FHWA eligible areas are approximately $3,000,000. Although the Town may be reimbursed for everything up to 87.5%, we are repeatedly informed that full reimbursement compliance is rare. Because of this, Public Works recommends a budgeted amount be allocated totaling 20% or $600,000 as part of this IGA. Further refinement of these estimates will be realized as designs are completed. Public Works will further refine these budget requirements as they become available through the design process. (FMLAWRK-TSKORDR-FLOOD REPAIR) Routing # 14 HA4 64605 REGION 4/(rp) ID 331001028 STATE OF COLORADO Department of Transportation Master Intergovernmental Agreement with the Town of Estes Park, Colorado TABLE OF CONTENTS 1. PARTIES ............................................................................................................................................ 2  2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ....................................................................... 2  3. RECITALS .......................................................................................................................................... 2  4. DEFINITIONS ..................................................................................................................................... 3  5. TERM.................................................................................................................................................. 5  6. SCOPE OF WORK ............................................................................................................................. 5  7. TASK ORDERS .................................................................................................................................. 9  8. PAYMENTS ...................................................................................................................................... 10  9. ACCOUNTING .................................................................................................................................. 12  10. REPORTING - NOTIFICATION ...................................................................................................... 13  11. LOCAL AGENCY RECORDS ......................................................................................................... 13  12. CONFIDENTIAL INFORMATION-STATE RECORDS ................................................................... 14  13. CONFLICT OF INTEREST ............................................................................................................. 15  14. REPRESENTATIONS AND WARRANTIES ................................................................................... 15  15. INSURANCE ................................................................................................................................... 16  16. DEFAULT-BREACH ....................................................................................................................... 17  17. REMEDIES ..................................................................................................................................... 17  18. NOTICES and REPRESENTATIVES ............................................................................................. 19  19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................. 20  20. GOVERNMENTAL IMMUNITY ....................................................................................................... 20  21. STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................................................... 20  22. FEDERAL REQUIREMENTS ......................................................................................................... 21  23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ................................................................... 21  24. DISPUTES ...................................................................................................................................... 21  25. GENERAL PROVISIONS ............................................................................................................... 21  26. COLORADO SPECIAL PROVISIONS ............................................................................................ 24  27. SIGNATURE PAGE ........................................................................................................................ 26  28. EXHIBIT A – MASTER AGREEMENT SCOPE OF WORK .............................................................. 1  29. EXHIBIT B – LIST OF AUTHORIZED LOCAL AGENCY SIGNATORIES ........................................ 1  30. EXHIBIT C – SAMPLE FUNDING PROVISIONS ............................................................................. 1  31. EXHIBIT D – SAMPLE TASK ORDER ............................................................................................. 1  32. EXHIBIT E – SAMPLE LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST ............... 1  33. EXHIBIT F – CERTIFICATION FOR FEDERAL-AID CONTRACTS ................................................ 1  34. EXHIBIT G – DISADVANTAGED BUSINESS ENTERPRISE .......................................................... 1  35. EXHIBIT H – LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES ......................... 1  36. EXHIBIT I – FEDERAL-AID CONTRACT PROVISIONS .................................................................. 1  37. EXHIBIT J – FEDERAL REQUIREMENTS ...................................................................................... 1  38. EXHIBIT K – SUPPLEMENTAL FEDERAL PROVISIONS ............................................................... 1  39. EXHIBIT L – SAMPLE DETAILED DAMAGE INSPECTION REPORT (FORM FHWA 1547) ......... 1  40. EXHIBIT M – FORM OF AN OPTION LETTER ................................................................................ 1  41. EXHIBIT N – ASSURANCE OF NON-DISCRIMINATION BY LOCAL AGENCY ............................. 1  42. EXHIBIT O – FORM OF LOCAL AGENCY OFFER ......................................................................... 1  43. EXHIBIT P – LOCAL AGENCY OFFER AMENDMENT ................................................................... 1  Page 2 of 26 1. PARTIES THIS MASTER INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into by and between the Town of Estes Park (hereinafter called the “Local Agency”), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the “State” or “CDOT”). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or their designee (hereinafter called the “Effective Date”). Except as provided in §8.F, the State shall not be liable to pay or reimburse the Local Agency for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, And Approval Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment and the required approval, clearance and coordination have been accomplished from and with appropriate agencies. i. Federal Authority The President of the United States declared certain Colorado couties as disaster areas and available for federal assistance and engaging the federal assistance program and procedures (dated September 12, 2013), and as was amended by the Federal Emergency Management Administration on September 14, 15, and 24,2013 and October 1 and 15, 2013 and as may be amended in the future (collectively, the “Presidential Declaration”). Also, pursuant to the Emergency Relief Program for Federal-Aid Highways under 23 CFR 668.20, 23 CFR 668.205 (a) and Title 23, United States Code, Sections 120 and 125, or FEMA emergency procedures under 44 CFR 9,10,13,14 and 206, as amended, and the Stafford Act, as amended, and Moving Ahead for Progress in the 21st Century Act (MAP 21), as amended, (collectively, the “Federal Provisions”), federal funds have been allocated for transportation projects requested by the State and the Local Agency. ii. State Authority The Colorado Governor declared distaster emergency due to flooding in certain Colorado counties pursuant to Executive Order D 2013-026 (dated September 13, 2013), and as amended by Executive Orders D 2013-027 (dated September 19, 2013), D 2013-028 (dated September 26, 2013), and C 2013-030 (dated October 8, 2013), and as may be amended in the future (collectively, the “Governor’s Order”). Also, pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State. This Agreement is further executed under the authority of CRS §§29- 1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-104.5. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Purpose The purpose of this Agreement is to disburse Federal and/or other funds to the Local Agency pursuant to the Presidential Declaration and Governor’s Order in accordance with the procedures in this Agreement. D. References All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. Page 3 of 26 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Agreement or Contract “Agreement” or “Contract” means this Agreement, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Agreement, and any future modifying agreements, exhibits, attachments or references that are incorporated pursuant to Colorado State Fiscal Rules and Policies. B. Agreement Funds “Agreement Funds” means funds payable by the State to Local Agency pursuant to this Agreement, which are authorized and encumbered through Task Orders and specified on each Task Order Budget. C. Budget “Budget” means the aggregate budgets specified in Task Order Budgets for the Work described in the associated Task Order Scopes. D. Consultant and Contractor “Consultant” means a professional engineer or designer hired by Local Agency to design the Work and “Contractor” means the general construction contractor hired by Local Agency to construct the Work. E. DBE “DBE” means Disadvantaged Business Enterprise. F. DBE Program “DBE Program” means CDOT’s DBE program, which has been developed in accordance with 49 CFR Part 26 and approved by the appropriate federal government operating agency. G. Evaluation “Evaluation” means the process of examining the Local Agency’s Work and rating it based on criteria established in §6 and in executed Task Orders. H. Exhibits and Other Attachments The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A (Master Agreement Scope of Work), Exhibit B (List of Authorized Local Agency Signatories), Exhibit C (Form of Funding Provisions), Exhibit D (Form of Task Order), Exhibit E (Form of Local Agency Contract Administration Checklist), Exhibit F (Certification for Federal-Aid Funds), Exhibit G (Disadvantaged Business Enterprise), Exhibit H (Local Agency Procedures), Exhibit I (Federal-Aid Contract Provisions), Exhibit J (Federal Requirements), Exhibit K (Supplemental Federal Provisions), Exhibit L (Form of Detailed Damage Inspection Report – Form FHWA 1547), Exhibit M (Form of Option Letter), Exhibit N (Assurance of Non- Discrimination by Local Agency), Exhibit O (Form of Local Agency Offer), and Exhibit P (Form of Local Agency Offer Amendment). I. Federal Funds “Federal Funds” means the funds provided by the FHWA to the State to fund performance of the Work by the Local Agency pursuant to any Task Order under this Agreement. J. FHWA “FHWA” means the Federal Highway Administration. K. Goods “Goods” means tangible material acquired, produced, or delivered by the Local Agency either separately or in conjunction with the Services the Local Agency renders hereunder. L. Local Agency Offer “Local Agency Offer” means any Local Agency offer executed by the Local Agency in the form substantially in conformance with Exhibit O, which shall each include a Task Order Scope, a completed Task Order Budget, a completed Local Agency Contract Administration Checklist substantially in the form of Exhibit E, a completed Damage Inspection Report substantially in the form of Exhibit L, contact information for the Local Agency for the specified Task Order Page 4 of 26 (including name, title, address, email address and phone number) and any other relevant information. M. Local Agency Offer Amendment “Local Agency Offer Amendment” means any Local Agency offer amendment to an exisiting Task Order, which is executed by the Local Agency in the form substantially in conformance with Exhibit P and shall each include all relevant information. N. Local Funds “Local Funds” means the funds provided by the Local Agency to fund performance of the Work as required by the FHWA to match the Federal Funds pursuant to any Task Order under this Agreement. O. Option Letter “Option Letter” means any option letter executed by CDOT in the form substantially in conformance with Exhibit M in compliance with the terms of this Agreement. P. Oversight “Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the FHWA and as it is defined in the Local Agency Manual. Q. Participating Funds “Participating Funds” means the aggregate of Federal Funds plus Local Funds plus State Funds (if required by the FHWA). R. Payable Participating Percentage “Payable Participating Percentage” means the aggregate percentage of Participating Costs for Federal Funds and State Funds (as identified in a Task Order Budget). S. Party or Parties “Party” means the State or the Local Agency and “Parties” means both the State and the Local Agency T. Review “Review” means examining Local Agency’s Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and in the Task Orders. U. Services “Services” means the required services to be performed by the Local Agency pursuant to this Agreement. V. State Funds “State Funds” means the funds provided by the State to fund performance of the Work, which may be required by the FHWA to match the Federal Funds pursuant to any Task Order under this Agreement or may be a voluntary contribution by the State. W. Task Order “Task Order” means any task order executed by CDOT in the form substantially in conformance with Exhibit D in compliance with §7, which shall each include either (i) a completed Local Agency Offer with all required attachments or, (ii) for existing Task Orders, a Local Agency Offer Amendment with all required attachments. X. Task Order Budget “Task Order Budget” means the budget attached to an approved Task Order which details the budget for the Work to be performed by the Local Agency under the specified Task Order, which shall be substantially in the form of Exhibit C. Each Task Order Scope must be within the scope of work in Exhibit A. Y. Task Order Scope “Task Order Scope” means the scope of work attached to an approved Task Order which details the Work to be performed by the Local Agency under the specified Task Order. Each Task Order Scope must be within the scope of work in Exhibit A. Page 5 of 26 Z. Work “Work” means the tasks and activities the Local Agency is required to perform to fulfill its obligations under this Agreement, in the individual Task Orders, including the performance of the Services and delivery of the Goods. AA. Work Product “Work Product” means the tangible or intangible results of the Local Agency’s Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initial Term/Work Commencement The Parties’ respective performances under this Agreement shall commence on the Effective Date. This Agreement shall terminate after five (5) years of state controllers signature in section 27, unless sooner terminated or completed as demonstrated by final payment and final audit. B. State’s Option to Extend At its sole discretion, the State, upon written notice to Local Agency by Option Letter, may unilaterally require continued performance of this Agreement for up to one additional year at the same rates and terms specified in the Agreement. The State shall exercise the option by written notice to the Local Agency within 30 days prior to the end of the current Agreement term. If exercised, the provisions of the Option Letter shall become part of and be incorporated into the Agreement. The total duration of this Agreement, including the exercise of any options, shall not exceed six (6) years. 6. SCOPE OF WORK A. Completion The Local Agency shall complete the Work and other obligations as described herein in Exhibit A and any authorized Task Orders. Except as provided in §8.F, Work performed prior to the Effective Date or after final acceptance shall not be considered part of the Work. B. Goods and Services The Local Agency shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Agreement Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed hereunder by the Local Agency, or any Consultants or Contractors shall be considered the Local Agency’s, Consultants’ or Contractors’ employee(s) for all purposes and shall not be employees of the State for any purpose. D. State and Local Agency Commitments i. Design If the Work includes preliminary design or final design or design work sheets, or special provisions and estimates (collectively referred to as the “Plans”), the Local Agency shall comply with and be responsible for satisfying the following requirements: a) Perform or provide the Plans to the extent required by the nature of the Work. b) Prepare final design in accordance with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by the State. c) Prepare provisions and estimates in accordance with the most current version of the State’s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by the State. d) Include details of any required detours in the Plans in order to prevent any interference of the construction Work and to protect the traveling public. e) Stamp the Plans produced by a Colorado Registered Professional Engineer. f) Provide final assembly of Plans and all other necessary documents. g) Be responsible for the Plans’ accuracy and completeness. Page 6 of 26 h) Make no further changes in the Plans following the award of the construction contract to Contractor unless agreed to in writing by the Parties. The Plans shall be considered final when approved in writing by CDOT and when final they shall be incorporated herein. ii. Local Agency Work a) Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document “ADA Accessibility Requirements in CDOT Transportation Projects”. b) Local Agency shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. c) Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans and/or of construction administration. Provided, however, if federal-aid funds are involved in the cost of such Work to be done by such Consultant, such Consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R. Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H. If the Local Agency enters into a contract with a Consultant for the Work: (1) Local Agency shall submit a certification that procurement of any Consultant contract complies with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract, subject to the State’s approval. If not approved by the State, the Local Agency shall not enter into such Consultant contract. (2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by the State and FHWA and that they are in writing. Immediately after the Consultant contract has been awarded, one copy of the executed Consultant contract and any amendments shall be submitted to the State. (3) Local Agency shall require that all billings under the Consultant contract comply with the State’s standardized billing format. Examples of the billing formats are available from the CDOT Center for Procurement and Contracting Services. (4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the CDOT procedures described in Exhibit H to administer the Consultant contract. (5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant contract by submitting a letter to CDOT from the Local Agency’s attorney/authorized representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d). (6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) The design work under this Agreement shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third-party beneficiary of this agreement for that purpose. (b) Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. (c) The consultant shall review the Construction Contractor’s shop drawings for conformance with the contract documents and compliance with the provisions of the State’s publication, Standard Specifications for Road and Bridge Construction, in connection with this work. d) The State, in its sole discretion, may review construction plans, special provisions and estimates and may require the Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements. Page 7 of 26 iii. Construction If the Work includes construction, the Local Agency shall perform the construction in accordance with the approved design plans and/or administer the construction in accordance with Exhibit E for the authorized Task Order. Such administration shall include Work inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing Construction Contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. a) If the Local Agency is performing the Work, the State may, after providing written notice of the reason for the suspension to the Local Agency, suspend the Work, wholly or in part, due to the failure of the Local Agency or its Contractor to correct conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. b) The Local Agency shall be responsible for the following: (1) Appointing a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall administer the Work in accordance with this Agreement, the requirements of the construction contract and applicable State procedures. (2) For the construction of the Work, advertising the call for bids upon approval by the State and awarding the construction contract(s) to the low responsible bidder(s). (a) All advertising and bid awards, pursuant to this Agreement, by the Local Agency shall comply with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the Local Agency and its Contractor shall incorporate FHWA Form 1273 (Exhibit I) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefor, as required by 23 C.F.R. 633.102(e). (b) The Local Agency may accept or reject the proposal of the apparent low bidder for Work on which competitive bids have been received. The Local Agency must accept or reject such bid within three (3) working days after they are publicly opened. (c) As part of accepting bid awards, the Local Agency shall provide additional funds, subject to their availability and appropriation, necessary to complete the Work if no additional federal-aid funds are available. (3) The requirements of this §6(D)(iii)(b)(2) also apply to any advertising and awards made by the State. (4) If all or part of the Work is to be accomplished by the Local Agency’s personnel (i.e. by force account) rather than by a competitive bidding process, the Local Agency shall perform such work in accordance with pertinent State specifications and requirements of 23 C.F.R. 635, Subpart B, Force Account Construction. (a) Such Work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 C.F.R. 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. Page 8 of 26 (b) An alternative to the preceeding subsection is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 C.F.R. Part 31. (c) If the State provides funds under this Agreement, rental rates for publicly owned equipment shall be determined in accordance with the State’s Standard Specifications for Road and Bridge Construction §109.04. (d) All Work being paid under force account shall have prior approval of the State and/or FHWA and shall not be initiated until the State has issued a written notice to proceed. E. State’s Commitments a) The State will perform a final project inspection of the Work as a quality control/assurance activity. When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212. b) Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable or responsible in any manner for the structural design, details or construction of any major structures designed by, or that are the responsibility of, the Local Agency as identified in the Local Agency Contract Administration Checklist for the authorized Task Order. F. ROW and Acquisition/Relocation a) If the Local Agency purchases a right of way for a State highway, including areas of influence, the Local Agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. b) Any acquisition/relocation activities shall comply with all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 C.F.R. Part 24), CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives. c) The Parties’ respective compliance responsibilities depend on the level of federal participation; provided however, that the State always retains Oversight responsibilities. d) The Parties’ respective responsibilities under each level in CDOT’s Right of Way Manual (located at http://www.dot.state.co.us/ROW_Manual/) and reimbursement for the levels will be under the following categories: (1) Right of way acquisition (3111) for federal participation and non-participation; (2) Relocation activities, if applicable (3109); (3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of way – 3114). G. Utilities If necessary, the Local Agency shall be responsible for obtaining the proper clearance or approval from any utility company which may become involved in the Work. Prior to the Work being advertised for bids, the Local Agency shall certify in writing to the State that all such clearances have been obtained. a) Railroads If the Work involves modification of a railroad company’s facilities and such modification will be accomplished by the railroad company, the Local Agency shall make timely application to the Public Utilities commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal-aid projects involving railroad facilities. b) Execute an agreement setting out what work is to be accomplished and the location(s) thereof, and which costs shall be eligible for federal participation. Page 9 of 26 c) Obtain the railroad’s detailed estimate of the cost of the Work. d) Establish future maintenance responsibilities for the proposed installation. e) Proscribe future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. f) Establish future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. H. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. I. Maintenance Obligations The Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA, and the Local Agency shall provide for such maintenance and operations obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations pertaining to maintaining such improvements. The State and FHWA may make periodic inspections to verify that such improvements are being adequately maintained. 7. TASK ORDERS A. Task Orders - General The Work under this Agreement shall consist of “As Needed” design/construction services at various flood-damaged locations throughout the Town of Estes Park. This Agreement will enable Task Orders to be written for specific locations/projects as designated under Form FHWA 1547. Neither CDOT nor the Local Agency has any obligation under the Agreement until and unless a Task Order is issued pursuant to this Agreement. The CDOT Project Manager for a specific location/project will coordinate with the appropriate Local Agency contact person to initiate a Task Order. The Local Agency shall be responsible to perform the Work authorized under the Task Order, as well as comply with all applicable terms and conditions of this Agreement. The Local Agency shall perform the Work in accordance with directives and authorizations by the State's representative and pursuant to the terms and conditions of this Agreement and the authorized Task Order. Any Task Order issued pursuant to this Agreement shall incorporate the terms of this Agreement by reference and shall also contain the items listed in the Task Order definition in §4.W. B. Task Order Procedures a) The Local Agency will notify CDOT of work needed under this Agreement. b) The Local Agency will coordinate with the CDOT Project Manager to gather the information necessary for the items listed in the Local Agency Offer definition in §4.L. c) When all items have been gathered, Local Agency shall submit a Local Agency Offer to CDOT for Work. Local Agency’s Offer shall be signed by a representative of the Local Agency listed on Exhibit B, who is authorized to contractually bind the Local Agency. The Local Agency Offer shall constitute a firm offer to provide the Work and Local Funds, if specified, on the basis set forth in the Local Agency Offer. The Local Agency Offer shall reference this Agreement between the Parties. d) The State’s issuance of a Task Order based on a Local Agency Offer shall constitute an acceptance of the Local Agency Offer and no further signature shall be required on the part of Local Agency. Task Orders shall not be effective or enforceable until they are approved and signed by the Colorado State Controller or its designee. Except as provided in §8.F, the State shall not be liable to pay or reimburse Local Agency for any performance hereunder or under a Task Order including, but not limited to, costs or expenses incurred, prior to execution of a Task Order for the specified Work. Upon execution of the Task Order, the Local Agency shall successfully complete the Work within the price identified in the Task Order. Page 10 of 26 e) Except as provided in §8.F, the Local Agency shall begin performance of the Work if, and only to the extent that, the State specifically authorizes the Work by executing a Task Order, and the State's representative(s) issues and the Local Agency receives a written communication by e-mail, from the CDOT Project Manager for a specific location/project setting forth the Work to be performed under the Task Order and giving authorization to begin performance of the Task Order. f) Each Task Order shall specify a performance period for the Work authorized; however, all Work authorized on the Task Order must be completed within the performance period of the Task Order. All Task Orders must be completed by the end of the Agreement term specified in §5.A, including any extensions. Changes to an executed Task Order require Local Agency to submit a Local Agency Offer Amendment to CDOT for changes to such Task Order. Local Agency’s Offer Amendment shall be signed by a representative of the Local Agency listed on Exhibit B, who is authorized to contractually bind the Local Agency. The Local Agency Offer Amendment shall constitute a firm offer to provide the Work and Local Funds, if specified, on the basis set forth in the Local Agency Offer Amendment. The Local Agency Offer Amendment shall reference the Task Order to be modified and this Agreement between the Parties. The State’s issuance of a Task Order based on a Local Agency Offer Amendment shall constitute an acceptance of the Local Agency Offer Amendment and no further signature shall be required on the part of Local Agency. Amendments to Task Orders shall not be effective or enforceable until they are approved and signed by the Colorado State Controller or its designee. The Local Agency shall be allowed to modify performance under a Task Order if, and only to the extent that, the State specifically authorizes the modification by executing a Task Order, and the State's representative(s) issues and the Local Agency receives a written communication by e-mail, from the CDOT Project Manager for a specific location/project setting forth the changes to the Task Order and giving authorization to modify performance of the Task Order. 8. PAYMENTS The State shall, in accordance with the provisions of this §8, pay the Local Agency in the amounts and using the methods set forth below: A. Maximum Amount The cumulative "not to exceed" amount for all Agreement Funds in all Task Orders issued under this Agreement shall be $486,400.00. The Local Agency shall accept no Task Orders which result in a cumulative Agreement Funds value that exceeds the "not to exceed" value. The maximum amount payable under each Task Order will be set forth in a completed Task Order Budget, as determined by the State from available funds. CDOT’s financial obligation to the Local Agency are limited to the unpaid encumbered balance of Agreement Funds in approved Task Orders. Local Agency agrees to provide any additional funds required for successful completion of the Work. i. Increase Not to Exceed Amount At its sole discretion, the State, upon written notice to the Local Agency by Option Letter, may unilaterally increase/decrease the not to exceed amount payable under this Agreement specified in §8.A. The State shall exercise the option by providing a fully executed Option Letter to the Local Agency. Delivery/performance of the Goods/Services shall continue at the same rates and under the same terms as established in this Agreement and specified through Task Orders. ii. Phased Performance The State may require the Local Agency to begin performance on each phase of Work as outlined in a Task Order Budget and at the same terms and same conditions stated in the Agreement. If the State exercises this option, it will provide written notice to the Local Agency prior to authorizing such phase of Work by unilaterally executing a revised Task Order. If exercised, the provisions of the revised Task Order shall become part of and be incorporated into this original Agreement and the applicable original Task Order. Except as provided in Page 11 of 26 §8.F, Local Agency shall not commence Work on any phase until it receives a notice to proceed from the State; such notice to proceed shall not be issued without a fully executed Task Order for such phase. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Agreement or in any Task Order shall comply with State Fiscal Rules and be made in accordance with the provisions of this Agreement. The Local Agency shall initiate any payment requests by submitting invoices to the State in the form and manner, approved by the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by the Local Agency previously accepted by the State. Uncontested amounts not paid by the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. The Local Agency shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of days interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the State’s current fiscal year. Therefore, the Local Agency’s compensation beyond the State’s current Fiscal Year is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions. The State’s performance hereunder is also contingent upon the continuing availability of federal funds. Payments pursuant to this Agreement shall be made only from available funds encumbered for this Agreement through Task Orders and the State’s liability for such payments shall be limited to the amount remaining of such Agreement Funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may terminate this Agreement immediately, in whole or in part, without further liability in accordance with the provisions hereof. iv. Erroneous Payments At the State’s sole discretion, payments made to the Local Agency in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by the Local Agency, may be recovered from the Local Agency by deduction from subsequent payments under this Agreement or other contracts, grants or agreements between the State and the Local Agency or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party other than the State. C. Use of Funds Agreement Funds shall be used only for eligible costs identified herein. D. Local Funds The Local Agency shall provide Local Funds as specified in Task Order Budget(s). The Local Agency shall have raised the full amount of Local Funds prior to the effective date of the authorized Task Order and shall report to the State regarding the status of such funds upon request. The Local Agency’s obligation to pay all or any part of any Local Funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of the Local Agency and paid into the Local Agency’s treasury. The Local Agency represents to the State that the amount designated “Local Funds” in an authorized Task Order Budget has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. The Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of the Local Agency. The Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the Local Agency’s laws or policies. Page 12 of 26 E. Reimbursement of Local Agency Costs The State shall reimburse the Local Agency’s allowable costs, not exceeding the maximum total amount described in the Task Order Budget. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the State’s obligation to reimburse all costs incurred by the Local Agency and submitted to the State for reimubursement hereunder, and the Local Agency shall comply with all such principles. The costs will be estimated and preapproval for federal funding will be recorded on Form FHWA 1547 (Exhibit L). To accept subsequent revisions to this form, the Parties will need to comply with §7.B.g to amend the associated Task Order. The CDOT Project Manager, in cooperation with the Local Agency, will complete and submit the form to FHWA. The State shall reimburse the Local Agency for the federal-aid share of properly documented costs related to the Work for a Task Order after review and approval thereof, subject to the provisions of this Agreement and the Task Order. However, any costs incurred by the Local Agency prior to the date of FHWA authorization for the Work and prior to the effective date of the Task Order shall not be reimbursed absent specific FHWA and State Controller approval thereof. Costs shall be: i. Reasonable and Necessary Reasonable and necessary to accomplish the Work and for the Goods and Services provided. ii. Net Cost Actual net cost to the Local Agency (i.e. the price paid minus any items of value received by the Local Agency that reduce the cost actually incurred). F. Retroactive Payments The State shall pay Local Agency for costs or expenses incurred or performance by the Local Agency prior to the Effective Date, only if (1) the Agreement Funds involve federal funding and (2) federal laws, rules and regulations applicable to the Work provide for such retroactive payments to the Local Agency. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Agreement, its Exhibits and the applicable Task Order. Local Agency shall initiate any payment request by submitting invoices to the State in the form and manner set forth herein and approved by the State. As authorized by the FHWA, Agreement Funds may include costs or expenses incurred or performance by the Agreement Funds prior to the Effective Date. 9. ACCOUNTING The Local Agency shall establish and maintain accounting systems in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme). Such accounting systems shall, at a minimum, provide as follows: A. Local Agency Performing the Work If Local Agency is performing the Work, all allowable costs, including any approved services contributed by the Local Agency or others, shall be documented using payrolls, time records, invoices, contracts, vouchers, and other applicable records. B. Local Agency-Checks or Draws Checks issued or draws made by the Local Agency shall be made or drawn against properly signed vouchers detailing the purpose thereof. All checks, payrolls, invoices, contracts, vouchers, orders, and other accounting documents shall be on file in the office of the Local Agency ,clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other Work documents. C. State-Administrative Services The State may perform any necessary administrative support services required hereunder. The Local Agency shall reimburse the State for the costs of any such services from the Task Order Budget(s). If funding is not available or is withdrawn, or if the Local Agency terminates this Agreement or any Task Order prior to the Work being approved or completed, then all actual incurred costs of such services and assistance provided by the State shall be the Local Agency’s sole expense. Page 13 of 26 D. Local Agency-Invoices The Local Agency’s invoices shall describe in detail the reimbursable costs incurred by the Local Agency for which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and shall not be submitted more often than monthly. E. Invoicing Within 60 Days The State shall not be liable to reimburse the Local Agency for any costs unless CDOT receives such invoices within 60 days after the date for which payment is requested, including final invoicing. Final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or the State may offset them against any payments due from the State to the Local Agency. F. Reimbursement of State Costs CDOT shall perform Oversight and the Local Agency shall reimburse CDOT for its related costs. The Local Agency shall pay invoices within 60 days after receipt thereof. If the Local Agency fails to remit payment within 60 days, at CDOT’s request, the State is authorized to withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to CDOT. Interim funds shall be payable from the State Highway Supplementary Fund (400) until CDOT is reimbursed. If the Local Agency fails to make payment within 60 days, it shall pay interest to the State at a rate of one percent per month on the delinquent amounts until the billing is paid in full. CDOT’s invoices shall describe in detail the reimbursable costs incurred, the dates incurred and the amounts thereof, and shall not be submitted more often than monthly. 10. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §10 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §18, if applicable. A. Performance, Progress, Personnel, and Funds The State shall submit a report to the Local Agency upon expiration or sooner termination of this Agreement, containing an Evaluation and Review of the Local Agency’s performance and the final status of the Local Agency's obligations hereunder. B. Litigation Reporting Within 10 days after being served with any pleading related to this Agreement, in a legal action filed with a court or administrative agency, the Local Agency shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein. If the State or its principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. C. Noncompliance The Local Agency’s failure to provide reports and notify the State in a timely manner in accordance with this §10 may result in the delay of payment of funds and/or termination as provided under this Agreement. D. Documents Upon request by the State, the Local Agency shall provide the State, or its authorized representative, copies of all documents, including contracts and subcontracts, in its possession related to the Work. 11. LOCAL AGENCY RECORDS A. Maintenance The Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. The Local Agency shall maintain such records until the last to occur of the following: (i) a period of three years after the date this Agreement is completed or terminated, or (ii) three Page 14 of 26 years after final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or the Local Agency has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (collectively, the “Record Retention Period”). B. Inspection The Local Agency shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe the Local Agency's records related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or to evaluate the Local Agency's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Agreement, including any extension. If the Work fails to conform to the requirements of this Agreement, the State may require the Local Agency promptly to bring the Work into conformity with Agreement requirements, at the Local Agency’s sole expense. If the Work cannot be brought into conformance by re-performance or other corrective measures, the State may require the Local Agency to take necessary action to ensure that future performance conforms to Agreement requirements and may exercise the remedies available under this Agreement at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring The Local Agency also shall permit the State, the federal government or any other duly authorized agent of a governmental agency, in their sole discretion, to monitor all activities conducted by the Local Agency pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with the Local Agency’s performance hereunder. D. Final Audit Report If an audit is performed on the Local Agency’s records for any fiscal year covering a portion of the term of this Agreement, the Local Agency shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 12. CONFIDENTIAL INFORMATION-STATE RECORDS The Local Agency shall comply with the provisions of this §12 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. Nothing in this §12 shall be construed to require the Local Agency to violate the Colorado Open Records Act, C.R.S. §§ 24-72-1001 et seq. A. Confidentiality The Local Agency shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of the Local Agency shall be immediately forwarded to the State’s principal representative. B. Notification The Local Agency shall notify its agents, employees and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by the Local Agency or its agents in any way, except as authorized by the Agreement and as approved by the State. The Local Agency shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by the Local Agency or its agents, except as set forth in this Agreement and approved by the State. Page 15 of 26 D. Disclosure-Liability Disclosure of State records or other confidential information by the Local Agency for any reason may be cause for legal action by third parties against the Local Agency, the State or their respective agents. The Local Agency is prohibited from providing indemnification to the State pursuant to the Constitution of the State of Colorado, Article XI, Section 1, however, the Local Agency shall be responsible for any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Local Agency, or its employees, agents, or assignees pursuant to this §12. 13. CONFLICT OF INTEREST The Local Agency shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the Local Agency’s obligations hereunder. The Local Agency acknowledges that with respect to this Agreement even the appearance of a conflict of interest is harmful to the State’s interests. Absent the State’s prior written approval, the Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Local Agency’s obligations to the State hereunder. If a conflict or appearance exists, or if the Local Agency is uncertain whether a conflict or the appearance of a conflict of interest exists, the Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of this Agreement. 14. REPRESENTATIONS AND WARRANTIES A. Agreement Representations and Warranties The Local Agency makes the following specific representations and warranties, each of which was relied on by the State in entering into this Agreement: i. Standard and Manner of Performance The Local Agency shall perform its obligations hereunder, including in accordance with the highest professional standard of care, skill and diligence and in the sequence and manner set forth in this Agreement and specified in Task Order(s). ii. Legal Authority – The Local Agency and the Local Agency’s Signatory The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement, or any part thereof, and to bind the Local Agency to its terms. If requested by the State, the Local Agency shall provide the State with proof of the Local Agency’s authority to enter into this Agreement or any Task Order within 15 days of receiving such request. iii. Licenses, Permits, Etc. The Local Agency represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. The Local Agency warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Agreement, without reimbursement by the State or other adjustment in Agreement Funds. Additionally, all employees and agents of the Local Agency performing Services under this Agreement shall hold all required licenses or certifications, if any, to perform their responsibilities. The Local Agency, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for the Local Agency to properly perform the terms of this Agreement shall be deemed to be a material breach by the Local Agency and constitute grounds for termination of this Agreement. Page 16 of 26 B. Local Agency Offer/Local Agency Offer Amendment Representation and Warranty By submission of the Local Agency Offer and/or Local Agency Offer Amendment ,the Local Agency represents and warrants that it possesses the legal authority to make the Local Agency Offer and/or Local Agency Offer Amendment and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its signatory to execute the Local Agency Offer and/or Local Agency Offer Amendment and to bind the Local Agency to its terms. If requested by the State, the Local Agency shall provide the State with proof of the Local Agency’s authority to enter into the Local Agency Offer and/or Local Agency Offer Amendment within 15 days of receiving such request. The Parties agree that the State will rely upon this representation and warranty when entering into the associated Task Order. 15. INSURANCE The Local Agency shall obtain and maintain insurance as specified in this section at all times during the term of this Agreement: The Local Agency’s Contractors, Consultants and subcontractors shall obtain and maintain insurance as specified in this section at all times during their employment on any Task Orders. All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the Local Agency and the State. A. The Local Agency i. Public Entities If the Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “GIA”), then the Local Agency shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. The Local Agency shall show proof of such insurance satisfactory to the State, if requested by the State. The Local Agency shall require each Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the GIA. ii. Non-Public Entities If the Local Agency is not a "public entity" within the meaning of the Governmental Immunity Act, the Local Agency shall obtain and maintain during the term of this Agreement insurance coverage and policies meeting the same requirements set forth in §15(B) with respect to subcontractors that are not "public entities". B. Contractors, Consultants and Subcontractors The Local Agency shall require each contract with Contractors, subcontractors, or Consultants, other than those that are public entities, providing Goods or Services in connection with this Agreement, to include insurance requirements substantially similar to the following: i. Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of the Local Agency’s Contractor’s, subcontractor’s, or Consultant’s employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured The Local Agency and the State shall be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured Page 17 of 26 coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of the Consultants, subconsultants or Contractors shall be primary over any insurance or self-insurance program carried by the Local Agency or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Local Agency and the State by certified mail. vii. Subrogation Waiver All insurance policies in any way related to this Agreement and secured and maintained by the Local Agency’s Consultants, subconsultants or Contractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against the Local Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates The Local Agency shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Agreement. All Contractors, subcontractors, or Consultants shall provide certificates showing insurance coverage required hereunder to the Local Agency 5 business days prior to work commencing by the Contractor, subcontractors, or Consultants. No later than 15 days prior to the expiration date of any such coverage, the Local Agency and each Contractor, subcontractor, or Consultant shall deliver to the State or the Local Agency certificate of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Agreement or any sub- contract, the Local Agency and each Contractor, subcontractor, or Consultant shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provision of this §15. 16. DEFAULT-BREACH A. Defined In addition to any breaches specified in other sections of this Agreement, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner constitutes a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §18. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §17. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 17. REMEDIES If the Local Agency is in breach under any provision of this Agreement, the State shall have all of the remedies listed in this §17 in addition to all other remedies set forth in other sections of this Agreement following the notice and cure period set forth in §16(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If the Local Agency fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Agreement and in a timely manner, the State may notify the Local Agency of such non-performance in accordance with the provisions herein. If the Local Agency thereafter fails to promptly cure such non- performance within the cure period, the State, at its option, may terminate this entire Agreement or such part of this Agreement as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Page 18 of 26 The Local Agency shall continue performance of this Agreement to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, the Local Agency shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, the Local Agency shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Agreement’s terms. At the sole discretion of the State, the Local Agency shall assign to the State all of the Local Agency's right, title, and interest under such terminated orders or subcontracts. Upon termination, the Local Agency shall take timely, reasonable and necessary action to protect and preserve property in the possession of the Local Agency in which the State has an interest. All materials owned by the State in the possession of the Local Agency shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by the Local Agency to the State and shall become the State’s property. ii. Payments The State shall reimburse the Local Agency only for accepted performance received up to the date of termination. If, after termination by the State, it is determined that the Local Agency was not in default or that the Local Agency's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Agreement had been terminated in the public interest, as described herein. iii. Damages and Witholding Notwithstanding any other remedial action by the State, the Local Agency also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Agreement by the Local Agency and the State may withhold any payment to the Local Agency for the purpose of mitigating the State’s damages, until such time as the exact amount of damages due to the State from the Local Agency is determined. The State may withhold any amount that may be due to the Local Agency as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. The Local Agency shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Agreement for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Agreement ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Agreement in whole or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder. This subsection shall not apply to a termination of this Agreement by the State for cause or breach by the Local Agency, which shall be governed by §17(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify the Local Agency of the termination in accordance with §18, specifying the effective date of the termination and whether it affects all or a portion of this Agreement. ii. Obligations and Rights Upon receipt of a termination notice, the Local Agency shall be subject to and comply with the same obligations and rights set forth in §17(A)(i). iii. Payments If this Agreement is terminated by the State pursuant to this §17(B), the Local Agency shall be paid an amount which bears the same ratio to the total reimbursement under this Agreement as the Services satisfactorily performed bear to the total Services covered by this Agreement, less payments previously made. Additionally, if this Agreement is less than 60% completed, the State may reimburse the Local Agency for a portion of actual out-of-pocket Page 19 of 26 expenses (not otherwise reimbursed under this Agreement) incurred by the Local Agency which are directly attributable to the uncompleted portion of the Local Agency’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to the Local Agency hereunder. C. Remedies Not Involving Termination The State, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend the Local Agency’s performance with respect to all or any portion of this Agreement pending necessary corrective action as specified by the State without entitling the Local Agency to an adjustment in price/cost or performance schedule. The Local Agency shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by the Local Agency after the suspension of performance under this provision. ii. Withold Payment Withhold payment to the Local Agency until corrections in the Local Agency’s performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed that due to the Local Agency’s actions or inactions cannot be performed or, if performed, would be of no value to the State; provided that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of the Local Agency’s employees, agents, or contractors whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Agreement is deemed to be contrary to the public interest or not in the State’s best interest. v. Intellectual Property If the Local Agency infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Agreement, the Local Agency shall, at the State’s option (a) obtain for the State or the Local Agency the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the forgegoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 18. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Kenneth Pavlick, Sr. Designer Incident Command Center, Local Agency Coordinator CDOT IRF ICC 2695 Rocky Mountain Avenue, Suite 300 Loveland, Colorado 80538 (303) 807-8093 pavlickk@pbworld.com Page 20 of 26 B. Local Agency: Scott Zurn Public Works Director Town of Estes Park 170 MacGregor Avenue Estes Park, Colorado 80517 (970) 577-3582 szurn@estes.org 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or work product of any type, including drafts, prepared by the Local Agency in the performance of its obligations under this Agreement shall be the exclusive property of the State and all Work Product shall be delivered to the State by the Local Agency upon completion or termination hereof. The State’s exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. The Local Agency shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Local Agencys's obligations hereunder without the prior written consent of the State. 20. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees and of the Local Agency is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended. 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to the Local Agency under this Agreement is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §21 applies. The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state agreements/contracts and inclusion of agreement/contract performance information in a statewide contract management system. The Local Agency’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Agreement, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local Agency’s performance shall be part of the normal Agreement administration process and the Local Agency’s performance will be systematically recorded in the statewide Agreement Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of the Local Agency’s obligations under this Agreement shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Local Agency’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Agreement term. The Local Agency shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that the Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by CDOT, and showing of good cause, may debar the Local Agency and Page 21 of 26 prohibit the Local Agency from bidding on future agreements. The Local Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of the Local Agency, by the Executive Director, upon showing of good cause. 22. FEDERAL REQUIREMENTS The Local Agency and/or their Contractors, subcontractors, and Consultants shall at all times during the execution of this Agreement strictly adhere to, and comply with, all applicable federal and state laws, and their implementing regulations, as they currently exist and may hereafter be amended. A listing of certain federal and state laws that may be applicable are described in Exhibits I, J, and Exhibits K and N. 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract Administration Checklist for each Task Order regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE Program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this Agreement, it must submit a copy of its DOT- approved DBE program to the State for review and enter into a Memorandum of Understanding with the State regarding DBE responsibilities prior to the execution of this Agreement. 24. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals shall be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 25. GENERAL PROVISIONS A. Assignment The Local Agency’s rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior written consent of the State. Any attempt at assignment, transfer, or subcontracting without such consent shall be void. All assignments and subcontracts approved by the Local Agency or the State are subject to all of the provisions hereof. The Local Agency shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Binding Effect Except as otherwise provided in §25(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. Page 22 of 26 E. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. F. Indemnification - General If Local Agency is not a “public entity” within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., the Local Agency shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Local Agency, or its employees, agents, subcontractors or assignees pursuant to the terms of this Agreement. This clause is not applicable to a Local Agency that is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Limitations of Liability Any and all limitations of liability and/or damages in favor of the Local Agency contained in any document attached to and/or incorporated by reference into this Agreement, whether referred to as an exhibit, attachment, schedule, or any other name, are void and of no effect. This includes, but is not necessarily limited to, limitations on (i) the types of liabilities, (ii) the types of damages, (iii) the amount of damages, and (iv) the source of payment for damages. I. Modification i. By the Parties Except as specifically provided in this Agreement, modifications of this Agreement shall not be effective unless agreed to in writing by both parties in an amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF AGREEMENTS - TOOLS AND FORMS. ii. By Operation of Law This Agreement is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth herein. J. Order of Precedence The provisions of this Agreement shall govern the relationship of the State and the Local Agency. In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Exhibit K (Supplemental Federal Provisions), ii. Exhibit I (Federal-Aid Contract Provisions) and Exhibit J (Federal Requirements), iii. Colorado Special Provisions, iv. The provisions of the main body of this Agreement, v. Exhibit A (Master Agreement Scope of Work), vi. Authorized Task Orders, vii. Authorized Local Agency Offers and Local Agency Offer Amendments, viii. Task Order Scope(s), ix. Task Order Budget(s), x. Completed Damage Inspection Report(s) substantially in the form of Exhibit L for Task Order(s), xi. Completed Local Agency Contract Administration Checklist(s) substantially in the form of Exhibit E for Task Order(s), and xii. Other exhibits in descending order of their attachment. Page 23 of 26 K. Severability Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. L. Survival of Certain Agreement Terms Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if the Local Agency fails to perform or comply as required. M. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. The Local Agency shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing the Local Agency for them. N. Third Party Beneficiaries Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. O. Waiver Waiver of any breach of a term, provision, or requirement of this Agreement, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. P. CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 24 of 26 26. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Agreements except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee. Neither the Local Agency nor any agent or employee of the Local Agency shall be deemed to be an agent or employee of the State. The Local Agency and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for the Local Agency or any of its agents or employees. Unemployment insurance benefits shall be available to the Local Agency and its employees and agents only if such coverage is made available by the Local Agency or a third party. The Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local Agency shall not have authorization, express or implied, to bind the State to any Agreement, liability or understanding, except as expressly set forth herein. The Local Agency shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Agreement, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. The Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions, the Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Local Agency is in violation of this provision, the State may exercise any Page 25 of 26 remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. The Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency’s services and the Local Agency shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] The Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), the Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Local Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. The Local Agency (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if the Local Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If the Local Agency participates in the State program, the Local Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that the Local Agency has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If the Local Agency fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and, if so terminated, the Local Agency shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. The Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Agreement. SPs Effective 1/1/09 Page 26 of 26 27. SIGNATURE PAGE Agreement Routing Number 14 HA4 64605 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY Town of Estes Park, Colorado By: William C. Pinkham Title: Mayor __________________________________________ *Signature Date: __________________________ STATE OF COLORADO John W. Hickenlooper, GOVERNOR Colorado Department of Transportation Donald E. Hunt, Executive Director ________________________________________ By: Scott McDaniel, P.E., Acting Chief Engineer Date: _________________________ ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This Agreement is not valid until signed and dated below by the State Controller or delegate. Except as provided in §8.F, the Local Agency is not authorized to begin performance until such time. Except as provided in §8.F, if the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Colorado Department of Transportation Date:_____________________ Page 1 of 1 28. EXHIBIT A – MASTER AGREEMENT SCOPE OF WORK The Work to be performed under this Agreement shall be related to the flood damaged areas within the counties designated as eligible for federal disaster relief funding under the Presidential Declaration, as amended, and other locations as designated under the Colorado Governor’s declaration, as amended (collectively, the “Flood Damaged Areas”). The Work shall be performed only on Flood-Damaged Areas. The Work shall consist of elements to return the Flood-Damaged Areas back to their condition before the flood as identified and pre- approved by the FHWA on Form FHWA 1547 for each authorized Task Order. The Work shall be specified in each Task Order and may include, but not be limited to:  General Engineering Services  Bridge and Structural Design  Roadway Design  Hydrology Activities  Hydraulics Design  Traffic Engineering  Rockfall Assessment and Mitigation  Environmental Services  Construction Management Any Work requested outside of the Flood Damaged Areas will not be eligible for federal or state reimbursement under this Agreement. Any items that will improve a Flood-Damaged Area to a better condition than it was before the flood (each a “Betterment”) may not be eligible for federal reimbursement. Prior to any expenditures related to a betterment, the FHWA must approve the Betterment and a Task Order must be approved by the State for such Work in accordance with §7.B.e. Task Orders will be created for each Flood-Damaged Area. The Work for each Flood-Damaged Area will be identified and detailed in a specific Task Order Scope dedicated to the specific Flood Damaged Area. Page 1 of 1 29. EXHIBIT B – LIST OF AUTHORIZED LOCAL AGENCY SIGNATORIES Frank Lancaser Town Administrator (970) 577-3705 flancaster@estes.org Scott Zurn Public Works Director (970) 577-3582 szurn@estes.org The persons and/or positions identified on this Exhibit B cannot be further delegated. Page 1 of 1 30. EXHIBIT C – SAMPLE FUNDING PROVISIONS A. Estimated Cost of Work The estimated total cost the Work is as follows: 1. BUDGETED FUNDS a. Federal Funds $0.00 (__% of Participating Costs) b. Local Funds $0.00 (__% of Participating Costs) c. State Funds $0.00 (__% of Participating Costs) TOTAL BUDGETED FUNDS $0.00 2. ESTIMATED PAYMENT TO LOCAL AGENCY* a. Federal Funds Budgeted (1a) $0.00 b. State Funds Budgeted (1c) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY* $0.00 3. FOR CDOT ENCUMBRANCE PURPOSES WBS Element Phase Function Payable Participating Percentage Budgeted Funds Encumbered Funds** _____.__.__ Design 3020 $0.00 $0.00 _____.__.__ ROW (Acq/Reloc) 3111/3114 ($0.00) ($0.00) _____.__.__ ROW Incidentals 3114 $0.00 $0.00 _____.__.__ Const 3301 $0.00 $0.00 _____.__.__ Miscellaneous 3404 $0.00 $0.00 _____.__.__ Utilties 3988 $0.00 $0.00 _____.__.__ Environmental 3403 $0.00 $0.00 _____.__.__ TOTAL ENCUMBERED FUNDS $0.00 *The “Total Estimated Payment to Local Agency” amount assumes that that the entire budgeted amount in Section 1 will be encumbered. Local Agency is not entitled to payment for any amounts that are not encumbered. **The Agreement Funds payable by the State to Local Agency pursuant to this Agreement is limited to the aggregate amount of encumbered funds identified in Section 3 above multiplied by the Payable Participating Percentage for Federal Funds or State Funds identified in Section 3. Single Audit Act All state and local government and non-profit organizations receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act of 1984, as amended (PL 98- Page 2 of 2 502; PL 104-156) (collectively the “Single Audit Act”), purposes shall comply with the audit requirements of OMB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations) and OMB Circular A-133 Compliance Supplement, as amended. See also, 49 CFR 18.20 through 18.26. The Single Audit Act requirements applicable to the Local Agency receiving Federal Funds are as follows: i. Expenditure less than $500,000 If the Local Agency expends less than $500,000 in Federal Funds (all federal sources, not just highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure exceeding than $500,000-Highway Funds Only If the Local Agency expends more than $500,000 in Federal Funds, but only received federal highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the “financial” procedures and processes for this program area. iii. Expenditure exceeding than $500,000-Multiple Funding Sources If the Local Agency expends more than $500,000 in Federal Funds, and the Federal Funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 1 of 1 31. EXHIBIT D – SAMPLE TASK ORDER Date: Task Order # Master Agreement CMS # Project # ( ) Task Order CMS # PO In accordance with §7 of the Master Agreement (“Master Agreement”)(routing number 14 HA4 00000) between the State of Colorado, Department of Transportation (“State” or “CDOT”), and the City of (“Local Agency”), beginning beginning agreement date and ending on ending agreement date, the provisions of the Master Agreement, and any amendments thereto affected by this task order (“Task Order”) are modified as follows: 1) Task Order Description. All terms not defined in this Task Order shall have the meaning given in the Master Agreement. The State accepts the Local Agency Offer dated ______________attached hereto. Local Agency shall perform the Work authorized in this Task Orderat location in accordance with the Master Agreement and the attached Local Agency Offer. 2) PRICE/COST Funding for each phase of Work (as identified on the attached Task Order Budget) shall be encumbered as each phase is authorized pursuant to a unilateral Task Order amendment by State authorized pursuant to §8.A.ii of the Master Agreement. The maximum amount payable by the State to Local Agency for performance of this Task Order is limited to the amount of Agreement Funds identified on the attached Local Agency Budget, as determined by the State from available funds. Local Agency agrees to provide any additional funds required for successful completion of the Work. Payments to the Local Agency are limited to the unpaid Agreement Funds balance set forth in the attached Local Agency Budget. 3) PERFORMANCE PERIOD Local Agency shall complete its obligations under this Task Order on or before ______________. 4) EFFECTIVE DATE This Task Order shall not be effective or enforceable until it is approved and signed by the Colorado State Controller, or their designee, (“Effective Date”). 5) APPROVALS STATE OF COLORADO: John W. Hickenlooper, Governor By:____________________________ Timothy J. Harris, Chief Engineer Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This Task Order is not valid until signed and dated below by the State Controller, or delegate. Except as provided in §8.F of the Master Agreement, the Local Agency is not authorized to begin performance until such time. Except as provided in §8.F of the Master Agreement, if the Local Agency begins performing prior to the date below, the State of Colorado is not obligated to pay for such performance or for any goods and/or services provided. State Controller Robert Jaros, CPA, MBA, JD By: ___________________________________ Date:__________________________________ Page 1 of 4 32. EXHIBIT E – SAMPLE LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Page 2 of 4 Page 3 of 4 Page 4 of 4 Page 1 of 1 33. EXHIBIT F – CERTIFICATION FOR FEDERAL-AID CONTRACTS The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Local Agency also agrees by signing this Agreement that it shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub- recipients shall certify and disclose accordingly. Required by 23 CFR 635.112 Page 1 of 1 34. EXHIBIT G – DISADVANTAGED BUSINESS ENTERPRISE 1. Program Objective and Assurance: It is the objective of the State to create a level playing field upon which Disadvantaged Business Enterprises (DBEs) can compete fairly for DOT-assisted contracts. By entering into this Agreement, the Local Agency hereby agrees to the following: The Local Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of the DBE program or the requirements of 49 CFR part 26. The Local Agency shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The State's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Each contract the Local Agency signs with a subcontractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 2. DBE Contract Goals: Each scope of work prepared to procure consultant services or construction of the Work shall be evaluated by the CDOT Regional Civil Rights Office to determine a contract goal. The Local Agency shall be responsible for ensuring that the contract goal is incorporated into the procurement advertisement and accompanied by either: a. For consultant services, CDOT’s then current process for evaluating the Consultant’s proposed DBE participation; or an alternative proposed by the local agency and approved by CDOT. b. For construction, the CDOT DBE Standard Special Provision and all related forms. The Local Agency shall submit the Statement of Interest (consultants) and/or DBE Forms (Construction) to the CDOT Civil Rights and Business Resource Center for review and concurrence prior to award. 3. Compliance: With the assistance of the Local Agency, the CDOT Regional Civil Rights Office shall oversee the subcontractor’s performance toward the contract goal. Revised 11/2013 Page 1 of 2 35. EXHIBIT H – LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1 states “The policies and procedures involve federally funded contracts for engineering and design related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost” and according to 23 CFR 172.5 “Price shall not be used as a factor in the analysis and selection phase.” Therefore, local agencies must comply with these CFR requirements when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, 6and the goal for Disadvantaged Business Enterprise (DBE) participation for the project. 5. The analysis and selection of the consultants shall be done in accordance with CRS §24-30- 1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants and their team. It also shows which criteria are used to short- list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the Work, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Page 2 of 2 Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000. Federal reimbursements for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirect costs. 7. A qualified local agency employee shall be responsible and in charge of the Work to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of Work, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three years after the case has been settled. CRS §§24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for complying with the preceeding eight (8) steps. Page 1 of 12 36. EXHIBIT I – FEDERAL-AID CONTRACT PROVISIONS Page 2 of 12 Page 3 of 12 Page 4 of 12 Page 5 of 12 Page 6 of 12 Page 7 of 12 Page 8 of 12 Page 9 of 12 Page 10 of 12 Page 11 of 12 Page 12 of 12 Page 1 of 3 37. EXHIBIT J – FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A. Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule) The "Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: the Local Agency/Subcontractor shall follow applicable procurement procedures, as required by section 18.36(d); the Local Agency/Subcontractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; the Local Agency/Subcontractor shall comply with section 18.37 concerning any subcontracts; to expedite any CDOT approval, the Local Agency/Subcontractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency/Subcontractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 subcontract procedures, as applicable; the Local Agency/Subcontractor shall incorporate the specific contract provisions described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B. Executive Order 11246 Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by the Local Agencys and their subcontractors or the Local Agencys). C. Copeland "Anti-Kickback" Act The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subcontracts for construction or repair). D. Davis-Bacon Act The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the Local Agency when required by Federal agreement program legislation. This act requires that all laborers and mechanics employed by contractors or subcontractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). E. Contract Work Hours and Safety Standards Act Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by the Local Agency in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. Clear Air Act Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts and subcontracts, of amounts in excess of $100,000). G. Energy Policy and Conservation Act Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). H. OMB Circulars Page 2 of 3 Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. I. Hatch Act The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. J. Nondiscrimination 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 CFR Part 80 et. seq. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds. K. ADA The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611. L. Uniform Relocation Assistance and Real Property Acquisition Policies Act The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the Local Agencycontractor is acquiring real property and displacing households or businesses in the performance of the Agreement). M. Drug-Free Workplace Act The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.). N. Age Discrimination Act of 1975 The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. O. 23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". P. 23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts". Q. 23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions". R. FHWA Emergency Relief Manual The FHWA’s “Emergency Relief Manual (Federal-Aid Highways)” from the Office of Infrastrucutre, Office of Program Administration, as amended. S. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. T. Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Local Agency, for itself, its assignees and successors in interest, agree as follows: i. Compliance with Regulations The Local Agency will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. Page 3 of 3 ii. Nondiscrimination The Local Agency, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Agency will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. iii. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Local Agency for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Local Agency of the Local Agency's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. iv. Information and Reports The Local Agency will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Local Agency is in the exclusive possession of another who fails or refuses to furnish this information, the Local Agency shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. v. Sanctions for Noncompliance In the event of the Local Agency's noncompliance with the nondiscrimination provisions of this Agreement, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Local Agency under the Agreement until the Local Agency complies, and/or b. Cancellation, termination or suspension of the Agreement, in whole or in part. U. Incorporation of Provisions §22 The Local Agency will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Local Agency will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Local Agency becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Local Agency may request the State to enter into such litigation to protect the interest of the State and in addition, the Local Agency may request the FHWA to enter into such litigation to protect the interests of the United States. Page 1 of 4 38. EXHIBIT K – SUPPLEMENTAL FEDERAL PROVISIONS Page 2 of 4 Page 3 of 4 Page 4 of 4 Page 1 of 1 39. EXHIBIT L – SAMPLE DETAILED DAMAGE INSPECTION REPORT (FORM FHWA 1547) Page 1 of 1 40. EXHIBIT M – FORM OF AN OPTION LETTER OPTION LETTER Date: State Fiscal Year: Option Letter # Routing # 1) OPTIONS: Choose all applicable options listed in §1 and in §2 and delete the rest. a. Option to renew only (for an additional term) b. Change in the amount of the maximum not to exceed amount 2) Option to initiate next phase of a contract REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Option 1(a): In accordance with Section 5.B of the Master Agreement routing number ________ between the State of Colorado, Department of Transportation, and Local Agency's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date at the same rates and same terms specified in the Master Agreement, as amended. Unless specified in this Option Letter, there shall be no change to the current agreement value as a result of this extension to the term. b. For use with Option 1(b): In accordance with Section 8.A(i) of the Master Agreement routing number ________ between the State of Colorado, Department of Transportation, and Local Agency's Name, the State hereby exercises its option to increase/decrease the not to exceed amount payable in the Master Agreement, as amended, by $__________ for a new not to exceed value of $__________ as consideration for Services/Goods ordered under the Master Agreement, as amended. The first sentence of Section 8.A is hereby modified accordingly. The total agreement value including all previous amendments, option letters is $________. Delivery/performance of the Work shall continue at the same rates and under the same terms as established in the Master Agreement, as amended. 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or Date, whichever is later. STATE OF COLORADO John W. Hickenlooper GOVERNOR Department of Transportation (For) Donald E. Hunt, Executive Director Date: _________________________ ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and dated below by the State Controller or delegate. Except as provided in §8.F of the Master Agreement, Local Agency is not authorized to begin performance until such time. Except as provided in §8.F of the Master Agreement, if Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ____________________________________ Department of Transportation Date: ___________________ Page 1 of 5 41. EXHIBIT N – ASSURANCE OF NON-DISCRIMINATION BY LOCAL AGENCY The Local Agency HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the “Act”), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the “Regulations”) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent 'directives, no person in the United States shall, on the grounds of race color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Local Agency receives Federal financial assistance from the Department of Transportation, including the Federal Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations, a copy of which is attached. More specifically, and without limiting the above general assurance, the Local Agency hereby gives the following specific assurances with respect to its (Name of Appropriate Program): 1. That the Local Agency agrees that each "program" and each "facility as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Local Agency shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all (Name of Appropriate Program) and, in adapted form in all proposals for negotiated agreements: The Local Agency, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contact entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. 3. That the Local Agency shall insert the clauses of Appendix A of this assurance in every contract subject to the Act and the Regulations. 4. That the Local Agency shall insert the clauses of Appendix B of this assurance, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereron, or interest therein. 5. That where the Local Agency receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where the Local Agency receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over or under such property. Page 2 of 5 7. That the Local Agency shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Local Agency with other parties: (a) for the subsequent transfer of real property acquired or improved under (Name of Appropriate Program); and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under (Name of Appropriate Program). 8. That this assurance obligates the Local Agency for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Local Agency or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Local Agency retains ownership or possession of the property. 9. The Local Agency shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other recipients, sub-grantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 10. The Local Agency agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Local Agency under the (Name of Appropriate Program) and is binding on it, other recipients, sub-grantees, contractors, subcontractors, transferees, successors in interest and other participants in the (Name of Appropriate Program). The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Local Agency. Dated___________________________________________ (Local Agency) by_______________________________ (Signature of Authorized Official) Page 3 of 5 APPENDIX A to Exhibit N During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the “Regulations”), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the (Name of Local Agency) or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the (Name of Local Agency) or FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the (Name of Local Agency) shall impose such contract sanctions as it or FHWA may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the contractor under the contract until the contractor complies, and/or (b.) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract. or procurement as the (Name of Local Agency) or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the (Name of Local Agency) to enter into such litigation to protect the interests of the Page 4 of 5 (Name of Local Agency), and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 4 of 5 APPENDIX B to Exhibit N A. The following clauses shall he included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the (Name of Local Agency) will accept title to the lands and maintain the project constructed thereon, in accordance with FHWA, the Regulations for the Administration of (Name of Appropriate Program) and the policies and procedures prescribed by FHWA of the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. .2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the (Name of Local Agency) all the right, title and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto (Name of Local Agency) and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the (Name of Local Agency), its successors and assigns. The (Name of Local Agency), in consideration or the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, he excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on over or under such lands hereby conveyed [and)* (2) that the (Name of Local Agency) shall use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of -the Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may he amended and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department shall have a right to re- enter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction. Page 5 of 5 APPENDIX C to Exhibit N The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the (Name of Local Agency) pursuant to the provisions of Assurance 6(a). The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.] That in the event of breach of any of the above nondiscrimination covenants, (Name of Local Agency) shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. [Include in deed.] That in the event of breach of any of the above nondiscrimination covenants, (Name of Local Agency) shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of (Name of Local Agency) and its assigns. Page 1 of 1 42. EXHIBIT O – FORM OF LOCAL AGENCY OFFER Local Agency Offer Project Number In accordance with Section 7 of the Master Agreement, yr/region/CMS# (“Master Agreement”) between the State of Colorado, Department of Transortation (“CDOT”) and _______________ (“Local Agency”), the authorized person signing below for Local Agency hereby submits this Local Agency Offer to CDOT for creation of a Task Order under the Master Agreement for the purpose of authorizing Local Agency for perform Work in the Flood Damaged Area identified below and receive reimbursement for such Work. All terms not defined in this Local Agency Offer shall have the meanings given in the Master Agreement. The Local Agency hereby approves the attached documents and incorporates them by reference for the creation of a Task Order for the Flood Damaged Area in project location(s) (“Project Location”):  Task Order Scope  Task Order Budget  Local Agency Contract Administration Checklist  Damage Inspection Report (Form FHWA 1547) Completion of the Work under this Local Agency Offer is estimated to be # of weeks/months. Pursuant to §4.L of the Master Agreement, the Local Agency contact information for the project specified in this Local Agency Offer is: ______________(name, title) ______________(address) ______________(email address) ______________(phone number) Local Agency hereby requests the creation of a Task Order for the Project Location. * Person signing for the Local Agency hereby swears and affirms that he/she are authorized to act on the Local Agency’s behalf (as indicated in Exhibit B of the Master Agreement) and acknowledge that the State is relying on his/her representation to that effect. _______________________ Signature of Authorized Person (Local Agency) _______________________ Title _______________________ Date Page 1 of 1 43. EXHIBIT P – LOCAL AGENCY OFFER AMENDMENT Local Agency Offer Amendment Project Number In accordance with Section 7 of the Master Agreement yr/region/CMS# (“Master Agreement”) between the State of Colorado, Department of Transportation (“CDOT”) and _______________ (“Local Agency”), the authorized person signing below for Local Agency hereby submits this Local Agency Offer Amendment to CDOT for modification of Task Order No. ____ (“Original Task Order”) under the Master Agreement for the Flood Damaged Area in project location(s) (“Project Location”). All terms not defined in this Local Agency Offer Amendment shall have the meanings given in the Master Agreement and/or Original Task Order. The Local Agency hereby requests that the Original Task Order, and all prior amendments thereto, if any, be modified as follows: In connection with this Local Agency Offer Amendment, the Local Agency approves the attached documents and incorporates them by reference, if applicable:  Task Order Scope  Task Order Budget  Local Agency Contract Administration Checklist  Damage Inspection Report (Form FHWA 1547) Local Agency hereby requests modification of the Original Task Order for the Project Location. * Person signing for the Local Agency hereby swears and affirms that he/she are authorized to act on the Local Agency’s behalf (as indicated in Exhibit B of the Master Agreement) and acknowledge that the State is relying on his/her representation to that effect. _______________________ Signature of Authorized Person (Local Agency) _______________________ Title _______________________ Date ADMINISTRATION Memo To: Honorable Mayor Pinkham Board of Trustees From: Town Administrator Lancaster Finance Director McFarland Community Development Director Chilcott Date: January 28, 2014 RE: Expedited Approval Process to Address Spring Runoff & River Restoration Master Plan Objective: Expedited bidding and contracting procedures for projects in excess of $30,000 for work necessary to protect life and property from hazards that may arise from the 2014 spring run-off due to watershed impairment from the 2013 flood. Also approve expedited bidding and contracting for the Fall River and Fish Creek Master Plans. Work funded through these master plans directly help with planning for spring-runoff in addition to long-term restoration. Present Situation: Staff need the ability to act quickly to protect life and property from hazards that may arise from spring runoff. The Town’s financial policies and procedures as writte n do not provide this ability. Per the Financial Policies and Procedures Manual §3.4.7 Purchasing Thresholds (attached), purchases or contracts for services in an amount greate r than $30,000 require in part: 1. Formal sealed bids 2. Committee approval 3. Town Board approval One example of a situation where the Town needs to act quickly is bidding and contracting for work associated with the exigent sites identified by the Natural Resource Conservation (NRCS). The NRCS Emergency Watershed Protection Program provides assistance in implementing emergency recovery measures to address imminent hazards to life and property created by a natural disaster causing sudden impairment to a watershed. As the sponsor the Town bids and contracts the work to stabilize propert y. The below chart demonstrates that the Town cannot bid, contract and complete required work prior to spring run-off if strictly adhering to the Financial policies and procedures. Example Timeframe Natural Resource Conservation Service Emergency Watershed Protection Program Expedited Process Normal Process Construction plans/design complete by NRCS February 7 Same Local Match amount determined per project February 7 Same Owner’s Access Permissions Obtained and February 14 Same Bids Requested February 21 Same Bids Received February 28 Same Committee and Town Board Review N/A Option 1 PUP March 13 Town Board March 25 5 days prior to April 1st Option 2 CD/CS March 27 Town Board April 8 (after target completion date) Bid Awarded March 4 End of March @ earliest Contract Executed March 5 End of March @ earliest Exigent Work Begins March 6 3-4 weeks too late NRCS target date for completion of exigent work April 1 Target date not met Proposal: Temporary suspension of Financial Policies and Procedures Manual §3.4.7 Purchasing Thresholds to the minimum extent necessary to ensure life and property is protected from hazards associated with spring-run off through July 1, 2014. Authorize the Town Administrator to award bids and enter in to contracts for work in excess of $30,000 suspending the requirements for: 1. Sealed bids; and 2. Committee and Town Board approval to award the bid and con tracts in excess of $30,000 When necessary to ensure timely execution of work prior to spring-runoff. Suspension would be effective through July 1 , 2014. Advantages: Work to protect life and property from spring runoff is completed in a timely manner. Disadvantages: A portion of the Financial Policies and Procedures is suspended. Action Recommended: Temporary suspension of Financial Policies and Procedures Manual §3.4.7 Purchasing Thresholds to the minimum extent necessary through July 1, 2014 for work in excess of $30,000. Budget: Not applicable. Level of Public Interest Low: For request to modify Finance Policies High: For ability to complete work prior to spring-runoff. Sample Motion: I move to authorize/not authorize the Town Administrator to award bids and enter in to contracts for work in excess of $30,000 necessary to protect life and property from hazards that may arise related to spring run -off. Effective 03/01/2011 Revised 03/22/2011 Financial Policies and Procedures Manual Page 14 of 34 3.4.5 Purchasing/Credit Card. The Finance Department has the responsibility to oversee all purchasing activities for all departments of the Town. Any employee that has a purchasing card approved by their department head is au thorized to purchase goods pursuant to 3.8 below. 3.4.6 Purchase Orders. A purchase order is not required for items under $500, and a purchase order will be issued at the time an order is placed or contract signed. 3.4.7 Purchasing Thresholds. a. Under $30,0000 and more than $5,000. Capital purchases exceeding $5,000 but less than $30,000 shall be made only when said goods or services have been approved through the budget process. These purchases require approval by the Town Administrator before acquisition of the good or service can be obtained. Purchases under this category that have not been approved through the budget process shall require approval by the Town Board at a scheduled Town Board meeting. Purchases under this category shall requ ire (3) competitive bids/quotes regardless if the item(s) to be purchased were pre -approved via the budget process. These purchases require approval of the Town Administrator before being presented to the Town Board of Trustees. The following process shall include:  A memorandum to the Town Administrator requesting release of approved funds to effect the purchase of goods or services (and attachment of the 3 competitive bids).  Those purchases requested that are not within the approved budget require an action item addressed to the Town Board (and attachment of the 3 competitive bids). b. $30,000 and greater. Purchases or contracts for services for an amount greater than $30,000 requires formal sealed bidding. In those cases, bid packages are prepared and distributed to prospective bidders of the commodities or services required.  Bids are publicly opened at the time, date and place specified. Bids must be received on or before the published deadline.  After bids are opened, the tabulation and analysis is made by the appropriate department. A recommendation for consultant selection is made to the appropriate Town committee with final approval made at a regular Town board meeting. An award is then made via a purchase order.  Awards over $50,000 require issuance of a contract. The successful bidder will also be required to furnish Certificates of Insurance, Performance/Payment Bonds, Worker’s Compensation etc as specified in the bid documents.  Pre-bid meetings may be held on projects when deemed necessary by Town staff. Invitations to bid will specify the date, time and location of such meetings. Effective 03/01/2011 Revised 03/22/2011 Financial Policies and Procedures Manual Page 15 of 34 c. Requests for proposals (RFP) for purchase of services under $30,000. Generally, RFPs shall be issued for the acquisition of consulting services. The issuance of an RFP for a construction project is dependent on the magnitude and complexity of the project. Final determination to issue an RFP for such a construction project is the decision of the Town Administrator. RFPs shall be developed by the d epartment’s assigned project manager or Department Head. At a minimum all RFPs shall contain:  Introduction describing the nature and term of the request  Scope of services  Broker minimum requirements, qualifications and experience  Rate schedule for services  Illegal aliens language  Submittal process with deadline and contact information, proposals are public information and the town reserves the right to reject any or all proposals. 3.4.8 Sole Source Purchases. A contract may be awarded for a supply, service, or construction Item without competition when, the Department Head determines that there is only one source for the required supply, service, or construction item. Only the Town Administrator has the authority to grant this exception. Sole sourc e purchasing procurement is not permissible unless the required good(s) or service(s) are only available from a single supplier. A requirement for a particular proprietary item or service does not justify sole source procurement if there is more than one potential bidder or offeror for that item or service. The following are examples of circumstances that could necessitate sole source procurement:  Where the compatibility of equipment, accessories, or replacement parts is the determining factor.  Where a sole supplier’s item is needed for trial use or testing.  Where a sole supplier’s item is to be procured for resale.  Where public utility services are to be procured.  For continuity between multi-phased projects. 3.4.9 State Bids. The State of Colorado has expended considerable time and money to assure that the items on the State Bid list are made available at the best competitive price, equally throughout the State. Occasionally, local vendors may have selected items at a slightly lower price; however, the State Price Agreements with the listed vendors insure that, based on projected quantities purchased through the State over a certain period of time, the best overall economy will be achieved. The list is alphabetical by commodity and indicate the vendor(s) who have received the State Price Agreement. The listing is on the internet: Enter: www.gssa.state.co.us Click on link to State Purchasing Office Effective 03/01/2011 Revised 03/22/2011 Financial Policies and Procedures Manual Page 16 of 34 Click on link to Current Price Agreements Click on link to List of Price Agreements (for Commodities/Services) in middle of page 3.4.10 Local Preference. The Town may provide a 2% local purchasing advantage for equipment, supplies and services up to $37,500. The Town Administrator shall make final determination of whether the local advantage is applicable. For all construction projects, the local Estes Park Contractors Association shall be notified. 3.7 Exemptions from the Public Bidding Process The Town recognizes certain exemptions from the Public Bid Process, as described herein. 3.7.1 Professional Services. This Purchasing Policy shall not apply to professional services and the requirements shall not be mandatory in the employment of professional services. Professional services include, but are not limited to, the following: Attorneys, Bond Counsel, Certified Public Accountants/Auditors, Consultants, Engineers, Financial Advisors, Physicians, Real Estate Brokers. 3.7.2 Design-build Services. This Purchasing Policy shall not apply to design-build specialty services so long as the Town Board approves such an exemption through formal action. 3.7.3 Use of State Bids Awards. This Purchasing Policy shall not apply if departments are able to piggy-back on a State bid award, GSA bid award, or other bid award where a Public Bid Process has taken place. 3.8 Town Issued Credit Cards. Credit cards are a streamlined approach for small to medium dollar purchases and paying for business-related travel expenses. The cardholder shall read and sign the Credit Card Policy form prior to the issuance of the card and will sign the form each year thereafter. 3.8.1 Issuance. Town credit cards may be issued to Department Heads or other personnel as authorized by the Finance Director. 3.8.2 Legitimate Business Expenses. A credit card shall be used for purchases on behalf of the Town to purchase goods or services solely for the Town’s use or benefit. No cardholder may procure goods or services for personal purposes, and the credit card may not be used to obtain cash. In the event a personal charge is made on a Town credit card, the cardholder will immediately reimburse the Town. Misuse of the card could subject an employee to administrative and/or disciplinary action including possible cancellation of credit card privileges and possible termination of employment pursuant to the personnel policies of the Town. 3.8.3 Prior Authorization of Expenditures. A purchase order must be obtained for the purchase of goods and services over $500 prior to ordering. When used, list the card company as the vendor when submitting the purchase order. Exceptions to this rule PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: January 28, 2014 RE: Multi-Purpose Event Center & Stall Barn Construction Update Objective: To update the Town Board and public on the progress of the MPEC and Stall Barn project at the Stanley Fairgrounds. Present Situation: Tough weather conditions continue to hamper the progress of the MPEC in particular. High winds present dangerous conditions for the work crews, which is preventing roofing panels from being placed. Therefore, exterior metal building progress on the project continues to be a major hurdle for the schedule. Winter protection for the masonry is being employed for MPEC office and lobby areas so progress can continue to be made. The masonry contractor restores the winter protective measures (plastic enclosures areas) continually due to high winds. Progress continues on MPEC structural steel framing and exterior roof and siding panels as weather conditions allow. Perimeter block walls continue and are 80% complete. Site work is progressing on schedule and the truck dock area flatwork is underway. Mechanical equipment has been placed in the upper copulas areas, allowing for the enclosure of the upper area roof. The MPEC topping out ceremony was delayed due to weather and staff continues to assess a possible date to reschedule. The delivery date for the MPEC is scheduled for mid-May. The Stall Barn mechanical, electrical and fire protection systems continue to progress and are nearing rough–in completion. The Stall Barn is scheduled to be complete by the end of March. Budget: Community Reinvestment Fund $5,682,050. The project remains within budget. Level of Public Interest This project has a very high level of public interest. Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Kate Rusch, Public Information Officer Date: January 24, 2014 RE: Public Information Office Quarterly Report Public Information Officer Responsibilities  Manage public outreach and information across departments  Receive and respond to public input and inquiries  Serve as spokesperson and liaison to the news media  Assist in facilitating internal communications  Serve as webmaster for www.estes.org  Lead the web and public information (newsletter) teams  Serve as command staff during emergencies  Supervise the Administration Department’s Executive Assistant Flood Response and Recovery  River and infrastructure restoration  Partner communications and support  Goals from debrief: Staff and volunteer training; Spanish translation; back-up facilities Public Information and Involvement Planning  Emergency preparedness outreach  Citizen Survey 2014  Community Reinvestment Initiative / sales tax initiative  Lot 4 Stanley Historic District  Budget 2014  Election and voter information  Administration and public information policies  Events complex construction and marketing  Bear Education Task Force facilitation Administration Memo Page 2 Town Newsletter  The December issue of the Bugle was a “budget in brief.”  The upcoming newsletter “Spotlight on 2013” will include Mayor Pinkham’s “State of the Town” and will be mailed in February. Social Media  The Town began actively using Facebook and Twitter on August 13, 2013.  For all channels, Fourth Quarter engagement was lower due to no emergency information.  Followers continue to increase since the flood event, although at a slower rate.  Normal posting schedule is one to two times daily depending on current news.  Continue to work on ways to increase followers utilizing cross-channel promotion.  Established Estes Valley Restorative Justice Partnership Facebook page. Channel 10/10/13 01/21/14 Facebook 8,808 likes 9,158 likes Twitter 2,009 followers 2,157 followers Constant Contact 1,254 contacts 1,400 contacts Websites  Visitation for www.estes.org o Fourth quarter 2013 (attachment 1): The website received 63,994 visits during the third quarter by 39,090 unique visitors. This is a 7% increase in visitation over the same period in 2012. o Overall 2013 visitation was 327,749 (attachment 2). Web analytics launched in April 2012, so no comparison is available for the previous year.  Visitation for recorded and live-streamed meetings on Pegcentral via www.estes.org/videos o Fourth quarter 2013 (attachment 3): Together, the pages for recorded and live- streamed meetings received 3,282 visits by 1,784 unique visitors, nearly four times the visitation for the same period in 2012. o Overall 2013 visitation was 11,695, about 10,000 more than 2012 (attachment 4). Town of Estes Park ­ http://www.colorado.gov/cs/Satellite/… Town of Estes Park Go to this report Total Visits Oct 1, 2013 ­ Dec 31, 2013 63,994 % of Total: 100.00% (63,994) Oct 1, 2012 ­ Dec 31, 2012 52,821 % of Total: 100.00% (52,821) Visits Unique Visitors Oct 1, 2013 ­ Dec 31, 2013 39,090 % of Total: 100.00% (39,090) Oct 1, 2012 ­ Dec 31, 2012 34,482 % of Total: 100.00% (34,482) Visits by Traffic Type Oct 1, 2013 ­ Dec 31, 2013 Oct 1, 2012 ­ Dec 31, 2012 Pages/ Visit Oct 1, 2013 ­ Dec 31, 2013 2.49 Site Avg: 2.49 (0.00%) Oct 1, 2012 ­ Dec 31, 2012 2.61 Site Avg: 2.61 (0.00%) Oct 1, 2013 ­ Dec 31, 2013:  Visits Oct 1, 2012 ­ Dec 31, 2012:  Visits November 2...December 2... 1,5001,5001,500 3,0003,0003,000 organic direct referral email phpList 14.4% 20.9% 64.7% 17.2% 27.1% 55.7% © 2014 Google Oct 1, 2013 ­Dec 31, 2013 Compare to: Oct 1, 2012 ­Dec 31, 2012 Fourth quarter 2013 www.estes.org All Visits +0.00% Town of Estes Park ­ http://www.colorado.gov/cs/Satellite/… Town of Estes Park Go to this report Total Visits 327,749 % of Total: 100.00% (327,749) Visits Unique Visitors 195,341 % of Total: 100.00% (195,341) Visits by Traffic Type Pages/ Visit 2.54 Site Avg: 2.54 (0.00%)  Visits .........6,0006,0006,000 12,00012,00012,000 organic direct referral email phpList 16.8% 24.9%58.2% © 2014 Google Jan 1, 2013 ­Dec 31, 20132013 total for www.estes.org All Visits 100.00% http://estesgovtv.pegcentral.com ­ http://estesgovtv.pegc… estesgovtv.pegcentral.com Go to this report Total Visits Oct 1, 2013 ­ Dec 31, 2013 3,282 % of Total: 100.00% (3,282) Oct 1, 2012 ­ Dec 31, 2012 845 % of Total: 100.00% (845) Total Visits Unique Visitors Oct 1, 2013 ­ Dec 31, 2013 1,784 % of Total: 100.00% (1,784) Oct 1, 2012 ­ Dec 31, 2012 431 % of Total: 100.00% (431) Visits by Traffic Type Oct 1, 2013 ­ Dec 31, 2013 Oct 1, 2012 ­ Dec 31, 2012 Pages / Visit Oct 1, 2013 ­ Dec 31, 2013 1.97 Site Avg: 1.97 (0.00%) Oct 1, 2012 ­ Dec 31, 2012 2.20 Site Avg: 2.20 (0.00%) Oct 1, 2013 ­ Dec 31, 2013: Visits Oct 1, 2012 ­ Dec 31, 2012: Visits November 2013 December 2013 250250250 500500500 referral direct organic 8.3% 91.3% 11.4% 87.8% © 2014 Google Oct 1, 2013 ­Dec 31, 2013 Compare to: Oct 1, 2012 ­Dec 31, 2012 Fourth Quarter 2013 Pegcentral Videos All Visits +0.00% http://estesgovtv.pegcentral.com ­ http://estesgovtv.pegcent… estesgovtv.pegcentral.com Go to this report Total Visits Jan 1, 2013 ­ Dec 31, 2013 11,695 % of Total: 100.00% (11,695) Jan 1, 2012 ­ Dec 31, 2012 1,604 % of Total: 100.00% (1,604) Total Visits Unique Visitors Jan 1, 2013 ­ Dec 31, 2013 6,040 % of Total: 100.00% (6,040) Jan 1, 2012 ­ Dec 31, 2012 742 % of Total: 100.00% (742) Visits by Traffic Type Jan 1, 2013 ­ Dec 31, 2013 Jan 1, 2012 ­ Dec 31, 2012 Pages / Visit Jan 1, 2013 ­ Dec 31, 2013 2.05 Site Avg: 2.05 (0.00%) Jan 1, 2012 ­ Dec 31, 2012 2.49 Site Avg: 2.49 (0.00%) Jan 1, 2013 ­ Dec 31, 2013: Visits Jan 1, 2012 ­ Dec 31, 2012: Visits April 2013 July 2013 October 2013 700700700 1,4001,4001,400 referral direct organic 6.9% 92.5% 9.4% 90% © 2014 Google Jan 1, 2013 ­Dec 31, 2013 Compare to: Jan 1, 2012 ­Dec 31, 2012 2013 Totals Pegcentral Videos All Visits +0.00%