HomeMy WebLinkAboutPACKET Town Board 2014-05-27NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the
agenda was prepared.
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, May 27, 2014
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PRESENTATION: Honor Flight of Northern Colorado.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated May 13, 2014 and Town Board Study Session Minutes
dated May 13, 2014.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities and Public Works, May 8, 2014:
4. Tree Board Minutes dated April 17, 2014 (acknowledgement only).
5. Renewal – Investment Advisory Agreement with Cutwater Investor Service Corp.
6. Appointment of Trustees Nelson and Norris to the Parks Advisory Board Interview
Team.
2. REPORT AND DISCUSSION ITEMS (Outside Entities):
1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Baker.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for
Town Board Final Action.
Prepared 5/19/14
*Revised
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the
agenda was prepared.
1. CONSENT ITEMS:
1. FINAL SUBDIVISION PLAT, Mountain River Townhomes, Tract 6, Beaver
Point 1st Addition; 650 Moraine Avenue; Dallman Construction/Applicant.
4. ACTION ITEMS:
1. RESOLUTION #12-14 TO ESTABLISH THE PARKS ADVISORY BOARD.
Manager McEachern.
2. RESOLUTION #13-14 INTERGOVERNMENTAL AGREEMENT BETWEEN THE
STATE OF COLORADO AND THE TOWN OF ESTES PARK FOR THE VISITOR
CENTER PARKING GARAGE FUNDING. Project Manager Zurn.
3. DESIGN SERVICES CONTRACT WITH RG AND ASSOCIATES LLC FOR
FLOOD REPAIR PROJECTS. Project Manager Zurn.
5. REPORTS AND DISCUSSION ITEMS.
1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Project Manager Zurn.
2. 1ST QUARTER SALES TAX AND FINANCIALS THROUGH APRIL. Finance Office
McFarland.
3. MANUFACTURING OF MICRO CRAFT LIQUORS UPDATE. Planner Kleisler.
6. ADJOURN.
Town of Estes Park, Larimer County, Colorado, May 13, 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 13th day of May, 2014.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Wendy Koenig
Ward Nelson
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None.
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATIONS.
Mayor Pinkham presented Chuck and Julie Varilek with a proclamation honoring them
for their years of service to the community.
PUBLIC COMMENTS.
None
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Norris commented Visit Estes Park continues to work on the transition between
the outgoing and incoming CEO.
Trustee Holcomb stated the Visitor Center Ambassadors are seeking new volunteers.
Mayor Pro Tem Koenig informed the Board the Sister Cities Committee would meet
May 14, 2014 at 8:00 a.m. in Nick Molle’s office. The Rodeo Committee would meet on
Thursday, May 15, 2014 at 7:00 p.m.
Trustee Ericson stated the Community Development/Community Services Committee
would meet on Thursday, May 15, 2014 at 8:00 a.m. in the Board Room.
Mayor Pinkham welcomed the new Board members and stated he was looking forward
to working with the new Board.
TOWN ADMINISTRATOR REPORT.
The Auditors have begun working on the 2013 audit . The audit would be more
complex this year with the flood related costs and reimbursements from both FEMA
and CIRSA.
Announced Project Manager Scott Zurn was named 2013/2014 Transportation
Professional of the Year.
1. CONSENT AGENDA:
1. Town Board Minutes dated April 22, 2014.
2. Bills.
Board of Trustees – May 13, 2014 – Page 2
3. Committee Minutes:
a. Community Development / Community Services, April 24, 2014.
It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda, and it
passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. COMMUNITY REPORT. Commissioner Donnelly was unable to make it due to
another commitment and would reschedule.
2. NATIONAL PARK 100TH ANNIVERSARY UPDATE. Item to be rescheduled.
3. WESTERN HERITAGE UPDATE.
Board President Howell Wright & Chairman Mark Purdy provided a review of
Western Heritage and events for the 2014 Rodeo season, including Spring
Beat the Heat Barrel Race May 31 – June 1; Professional Bull Riders
competition July 4 – 5; American Bucking Bulls Inc. Futurity July 5; PBR Finals
and live music July 5; Rooftop Rodeo week July 8 – 13; and Fall Beat the Heat
Barrel Race September 13 - 14. Western Heritage qualified as a 501(c) 4;
therefore, a Western Heritage Foundation would be formed as a 501(c) 3 in
order to continue fundraising and charitable activities. The Committee has
begun the organization of an Estes Park Western Heritage Festival to be held
on May 29 – 31, 2015 and encouraged the entire community to get involved.
4. EVENT CENTER & PAVILION CONSTRUCTION UPDATE.
Project Manager Zurn stated the Event Center’s main structural elements have
been completed; the grain silo architectural features have been installed;
concrete floors installed; mechanical and electrical systems are roughed in; and
exterior work continues such as sidewalks, steps and ramps. The anticipated
completion date for the Event Center is scheduled for early June. The Event
Center has come in under budget, approximately $180,000 including the
contingency funds; therefore, staff has investigated the possibility of adding a
second floor to the silo, adding an additional 550 sq. ft. The Pavilion has been
substantially completed and would be turned over to the Fairgrounds staff to
begin utilizing the new facility.
3. LIQUOR ITEMS:
1. NEW LIQUOR LICENSE - ROCKY MOUNTAIN PARK INN, LLC DBA
ROCKY MOUNTAIN PARK INN, ESTES PARK EVENTS COMPLEX: 1125
ROOFTOP WAY, 1115 ROOFTOP WAY AND 1209 MANFORD AVENUE,
OPTIONAL PREMISE LIQUOR LICENSE. Town Clerk Williamson presented
a new Optional Premise liquor license application submitted by Rocky
Mountain Park Inn, LLC for operations at the new Estes Park Event Complex.
Rocky Mountain Park Inn, LLC entered into a concession agreement with the
Town of Estes Park to operate the food and beverage concession at the Este
Park Event Center complex which includes the concession stand/grandstand,
Event Center and the Pavilion at the Fairgrounds at Stanley Park. All
necessary paperwork and fees were submitted and TIPS training has been
completed. The application was filed as a concurrent review with the Town
and the Department of Revenue. Chris Cook/applicant representative was
present to answer questions. It was moved and seconded (Norris/Koenig)
to approve the application for a new Optional Premises Liquor license
filed by Rocky Mountain Park Inn, LLC dba Rocky Mountain Park Inn at
1125 Rooftop Way, 1115 Rooftop Way and 1209 Manford Avenue, and it
passed unanimously.
4. ACTION ITEMS:
Board of Trustees – May 13, 2014 – Page 3
1. TRANSPORTATION ADVISORY COMMITTEE APPOINTMENTS.
Town Clerk Williamson stated the Transportation Advisory Committee had
three of nine Committee member terms expire at the end of March and had one
vacancy due to a member moving outside of the Estes Valley Planning area.
Administrative Services advertised for the four positions and a committee
interviewed five candidates on May 8 and 9. The interview team recommended
the reappointment of the current members Stan Black, Ann Finley and Belle
Morris for 4-yr terms. The other two candidates withdrew from consideration
for the fourth open position which will remain open at this time. It was moved
and seconded (Norris/Phipps) to approve the reappointment of Stan Black,
Ann Finley and Belle Morris to the Transportation Advisory Committee for
3-year terms expiring March 31, 2017, and the motion passed unanimously.
2. 2014 SHUTTLE SERVICES CONTRACT WITH ROCKY MOUNTAIN
TRANSIT MANAGEMENT. Coordinator Wells presented the 2014 shuttle
contract with Rocky Mountain Transit Management to provide shuttle services
consistent with previous years, including leasing three vehicles from Davey
Coach at a not to exceed price of $3,485/vehicle per month, maintenance of
Town owned trolley under the same terms and conditions, Town to
install/uninstall Connexionz GPS tracking equipment and exterior lettering/logo,
and hourly service rate $55.33 including maintenance, shuttle drivers,
insurance, fuel costs at $2.50/gallon for five full-service schedules. The hours
of service for 2014 would remain consistent from 2013. Staff continues to look
at alternative vehicle options; however, at this time the cost is prohibitive. It
was moved and seconded (Koenig/Ericson) to approve the 2014 agreement
with McDonald Transit Associates Inc. to provide shuttle services for the
Town of Estes Park, as specified in the agreement, and the motion passed
unanimously.
3. LEVEL 3 AGREEMENT FOR USE OF TOWN FIBER.
Attorney White presented the new agreement with Level 3 Communications for
the use of Town fiber. The Town had an agreement with ICG Telecom Group,
Inc. for the leasing of six fiber optic fibers effective September 2005. The
company was purchased by Level 3 which continued to use the fibers even
after the agreement was terminated on September 5, 2010. No monthly
payments or percentage of income were ever received by the Town. The new
five year agreement includes an optional five year extension at the discretion of
Level 3; monthly payments for licensed fibers of $1,665; and a lump sum
payment of $35,000 for the period of September 10, 2010 to May 2014 for the
use of fiber. The Colorado State Statute places a limitation on the Town’s
ability to license its fiber to third parties and may only license unused excess
capacity. The unused fiber must be made available to all third parties who wish
to license the fiber on the same terms. It was moved and seconded
(Norris/Phipps) to approve the Fiber Use License Agreement with Level 3
Communications, and the motion passed unanimously.
4. RESOLUTION #11-14 SUPPLEMENTAL BUDGET APPROPRIATION FOR
THE COMMUNITY REINVESTMENT FUND. Finance Officer McFarland
reviewed the mid-year revisions to the budget, including the 2013 data has
been completed to forecast the 2013 ending fund balance with reasonable
confidence; projects for 2013 that had not advanced to a point of contracting by
2014 had funds returned to fund balance and now must be re-appropriated to
the 2014 budget; and the parking garage has advance to a point in which the
Town and State must approve Intergovernmental Agreements to allow the
Town to accept the CMAQ ($228,000) and FASTER ($400,000) grants. Staff
requests the approval of Resolution #11-14 to supplement the 2014
appropriations to the Community Reinvestment Fund including grant funds of
$3.99 million, $1 million for the sale of Lot 4, Stanley Historic District,
expenditures for Elm Road, Parking Structure, MPEC/Stall Barn, Transportation
Hub Irrigation, and Street Improvement Program. The Resolution restates the
Board of Trustees – May 13, 2014 – Page 4
total expenditure amount of $9.87 million for the CRF. It was moved and
seconded (Ericson/Koenig) to approve Resolution #11-14 which adopts the
supplemental appropriations for the 2014 Community Reinvestment Fund
Budget, and the motion passed unanimously.
5. NEW BOND PARK EVENT - ARAPAHO CELEBRATION.
Per Town policy any new event in Bond Park must be approved by the Town
Board. Director Winslow presented the new event along with National Park
staff, stating the one-time event would take place on August 9 and 10, 2014.
The event would celebrate the 100th anniversary of the 1914 Oliver
Toll/Arapaho expedition. The celebration would include a show of cultural
dances and education on each dance to visitors, tee pee raising and history of
tee pees, art and craft vendors from the Wind River reservation, and possible
food vendors. The primary goal of the event would be to celebrate the Arapaho
heritage and culture with the Estes Park community and visitors. After further
discussion, it was moved and seconded (Ericson/Norris) to approve the
Arapaho Celebration Event in Bond Park on August 9-10, 2014, and the
motion passed unanimously.
6. 2014 FARMERS MARKET ROAD CLOSURE.
Director Winslow stated staff has proposed the 2014 Farmers Market currently
being held at the Fairgrounds move downtown adjacent to Bond Park along
MacGregor Avenue and Park Lane. The Farmers Market was moved
downtown after the flood in 2013 and was well received; however, only half the
vendors attend the market after the flood. Moving the market would attract
market participants from the downtown area, fits the area, minimal competition
with downtown merchants, and the market vendors are excited about the
change. The disadvantages to moving the market would include parking issues
later in the morning, access to the market, and local market shoppers may not
like the new location. Staff would evaluate the event and bring back
recommendations to the Town Board for the following year. The Board stated
support for the move but requested staff maintain a list of pros and cons
throughout the season, questioned if the event could be moved back to the
fairgrounds mid-season if problem develop, could there be an incentive to have
locals take the shuttle from the transportation hub, and should the farmers
market hours be earlier to avoid peak traffic times. It was moved and
seconded (Koenig/Phipps) to approve the road closures around Bond
Park, as identified in Attachment A, in order to conduct the Farmers
Market, and the motion passed unanimously.
7. NEW EVENT ON ELKHORN AVENUE – ELKHORN DASH ROAD CLOSURE.
Director Winslow presented the new event, Elkhorn Dash – 1 Miler, which
would take place downtown on June 28, 2014 and require closure of Elkhorn
Avenue. The race would be a downhill race to promote Elkhorn Avenue and
the businesses downtown. The event would start on West Elkhorn and finish at
the parking lot at US Bank on the east side of Elkhorn. The race would begin at
8:00 a.m. and end approximately at 8:30 a.m. It was moved and seconded
(Nelson/Phipps) to approve the Elkhorn Dash, 1 Miler Event on Elkhorn
Avenue on June 28, 2014 and the associated road closure from West Park
Center to US Bank, and the motion passed with Trustee Holcomb voting “No”.
5. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Koenig/Phipps) to enter Executive Session for
the purpose of discussing specialized details of security arrangements
under C.R.S. 24-6-402(4)(d), and the motion passed unanimously.
Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 8:52 p.m.
Mayor Pinkham reconvened the meeting to open session at 9:47 p.m.
Board of Trustees – May 13, 2014 – Page 5
Whereupon Mayor Pinkham adjourned the meeting at 9:47 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, May 13, 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
Rooms 202/203 in said Town of Estes Park on the 13th day of May, 2014.
Committee: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson,
Holcomb, Nelson, Norris, and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Town Attorney White, and
Recording Secretary Limmiatis
Absent: None
Mayor Pinkham called the meeting to order at 4:06 p.m.
TRUSTEE COMMENTS & QUESTIONS.
Trustee Norris stated the discussion on the Town’s role in attainable housing should
include seasonal workforce housing related to economic development, and informed the
Board only one line of fiber from Town remains after the September flood which carries
all telephone and internet communication with no redundancy. Administrator Lancaster
stated a request to establish another line of fiber would be included in the Community
Development Block Grant Relief grants. Trustee Ericson requested to meet the
Assistant Town Attorney at the next Study Session and inquired about changing the
start time of Board Meetings to 6:00 p.m. Discussion was heard. The Board resolved to
keep the meeting time at 7:00 p.m.
FUTURE STUDY SESSION AGENDA ITEMS.
Trustee Phipps requested clarification on the Review of the Capital Investment Plan and
an update on accepting art in public places. Administrator Lancaster stated all capital
issues would be discussed under the Capital Investment Plan and the Parks Advisory
Board would be formulating a policy on the acceptance of public art.
Trustee Ericson requested a report on the financial issues with FEMA, including how
much money has been received, spent, and remains pending. Administrator Lancaster
stated Finance Officer McFarland and Grants Specialist Crosser would complete a
report next month.
REVIEW POLICY GOVERNANCE.
Administrator Lancaster reviewed Policy Governance including: high performance
government, the Administrator’s role, basic assumptions, concepts, governance
process, board/staff linkages, staff limitations, and the ends. The Board discussed
values, keeping an open mind, representing all community members of Estes Park, staff
requests, working with Leadership and the Town Attorney, constituent perceptions,
being overly prepared, and defining roles.
TRUSTEE ROLES AND RESPONSIBILITIES.
Town Attorney White explained the Trustee’s roles and responsibilities in relation to
Quasi-judicial hearings versus legislative matters, Open Meetings, Open Records,
Conflict of Interest and Amendment 41. The Board discussed making information a part
of public record, reaching consensus, differentiating between personal and official
opinions, appropriate email usage, work product, attorney/client privilege, abstaining
versus recusing oneself, and executive sessions.
There being no further business, Mayor Pinkham adjourned the meeting at 6:33 p.m.
Town Board Study Session – May 13, 2014 – Page 2
Barbara Jo Limmiatis, Recording Secretary
Town of Estes Park, Larimer County, Colorado, May 8, 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 8th day of May, 2014.
Committee: Chair Norris, Mayor Pro Tem Koenig and Trustee Nelson
Attending: Chair Norris, Trustee Nelson
Also Attending: Town Administrator Lancaster, Police Chief Kufeld,
Municipal Court Judge Brown, Utilities Director Bergsten,
Water Superintendent Boles, Managers Fraundorf, and
McEachern, Parks Maintenance Worker Berg and Recording
Secretary Limmiatis
Absent: Mayor Pro Tem Koenig
Chair Norris called the meeting to order at 8:05 a.m.
PUBLIC COMMENT.
None.
PUBLIC SAFETY.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Municipal Court Annual Report – Judge Brown presented the Annual
Comparison Report, Annual Parking Ticket Revenue Comparison, and the 2013
Parking Ticket Report, which showed an increase of $4,055 in parking ticket
revenue. Chief Kufeld attributed the increase to having additional Community
Service Officers during the summer season. Trustee Norris inquired about
changes in the nature of cases. Judge Brown stated the court has seen an
increase in cases related to marijuana, school issues, and Hispanic cases
requiring an interpreter.
2. Verbal Updates and Committee Questions - Chief Kufeld updated the Committee
on the increase in cases of Driving Under the Influence of Drugs since the
passage of Amendment 64, the upcoming Safety Fair, trash patrols completed by
the Police Auxiliary, the success of the mediation program, hiring a new police
officer, and purchasing a 1995 Ford F750 Incident Command Truck from the
Boulder Police Department for $4,000. Trustee Norris inquired about recent hash
oil explosions that have taken place throughout the state. Chief Kufeld stated he
is not aware of any reports within the Estes Valley and would work with Public
Information Officer Rusch to educate the community on the dangers of making
hash oil.
UTILITIES.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Overview of Utilities – Director Bergsten presented an overview of current
Utilities Department activities including outstanding bonds for the Light & Power
and Water Divisions, the Fire Mitigation Grant application, and spring runoff
preparations.
2. Water Department Master RFP Update – Director Bergsten reported the process
was delayed in 2013 due to developing a Geographical Information System (GIS)
and the increased workload created by the September flood. In 2012 three
engineering firms (Frachetti Engineering, HDR and Merrick & Company) were
prequalified by the Water Division and the RFP was sent to them with a due date
Public Safety/Utilities/Public Works Committee – May 8, 2014 – Page 2
of June 2, 2014. Funding for the Master Plan would be requested as an action
item after proposals have been reviewed and a firm selected.
3. Flood Recovery Update – Director Bergsten discussed the Flood Recovery
efforts on County Road 43 and Fish Creek Road. A temporary electric line
continues to serve all eligible customers along County Road 43. Central Federal
Lands would redesign the road prior to the Light & Power Division making any
permanent electric line repairs. Fish Creek Road design work and public
outreach has been initiated. As a federally funded project, NEPA studies must be
completed prior to reconstruction. Initial environmental reviews indicate a
Categorical Exclusion for Light & Power and Water efforts may be granted.
4. Information Technology Update – Manager Fraundorf updated the Committee on
the donation of 28 used computers to two local non-profit agencies, the
installation of two new Police file servers, the Level 3 Fiber Agreement, the
progress made on the Century Link fiber contract, and an incoming summer IT
intern. The Committee recommended the Level 3 Fiber Agreement for Use
of Town Fiber appear as an Action Item at the May 13, 2014 Town Board
Meeting.
5. Verbal Updates and Committee Questions – Administrator Lancaster informed
the Committee of the loss of redundancy of fiber during the September 2013
flood. Century Link’s fiber was destroyed and there is no intention of replacing it.
Only one elevated line of fiber remains which carries all data out of Town,and If
lost, all forms of communication from the community would be lost. The Adam’s
Tunnel or an emergency relay tower are being investigated by staff as viable
alternatives.
PUBLIC WORKS.
RESOLUTION TO ESTABLISH THE PARKS ADVISORY BOARD.
Manager McEachern presented the Resolution to establish a Parks Advisory Board
replacing the Tree Board. The new Board would continue to meet Tree City USA
standards, thereby maintaining Estes Park’s designation as a Tree City. The new Board
would have additional responsibilities associated with the Town’s parks, trails, public art,
and educational programs. The Committee recommended establishing a Resolution
for the Parks Advisory Board as an Action Item at the May 27, 2014 Town Board
meeting.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Scott Avenue Retention Ponds Tree Planting – Maintenance Worker Berg
informed the Committee of the intent of the Parks Division to plant 70 aspen and
58 cottonwood trees at the Scott Avenue Retention Pond site on May 16, 2014
with support from the Platte River Power Authority, the Eagle Rock School, the
Tree Board and Estes Park in Bloom. This project has taken place the last two
years and staff hopes to continue expanding the project to improve the area
along the multi-purpose trail. The Committee recommended the Scott Avenue
Retention Ponds Tree Planting as a Consent Item at the May 13, 2014 Town
Board Meeting.
2. Verbal Updates and Committee Questions – Administrator Lancaster informed
the Committee the open position of Public Works Director closes on May 9, 2014
and several applications have been received. There would be a three step
interview process with staff, local businesses, several Department Heads and the
Town Administrator. A decision would be made in early June.
There being no further business, Chair Norris adjourned the meeting at 9:14 a.m.
Barbara Jo Limmiatis, Recording Secretary
Town of Estes Park, Larimer County, Colorado, April 17th, 2014
Minutes of a Regular meeting of the Tree Board of the Town of Estes Park, Larimer County, Colorado.
Meeting held in the Engineering Conference Room of Town Hall Room 100 in said Town of Estes Park
on the 17th day of April, 2014.
Present: Celine Lebeau
Barbara Williams
Dewain Lockwood
Apryle Craig
Absent: Chris Reed
Also Present: Kevin McEachern, Public Works Operations Manager
Barbara Jo Limmiatis, Recording Secretary
John Ericson, Town Board Liaison
Russell Franklin, Parks Division
Brian Berg, Parks Division
The meeting was called to order at 4:08 p.m.
GENERAL BUSINESS
It was moved and seconded (Craig/Williams) to approve the March 27, 2014 minutes with changes and
the motion passed unanimously.
International Migratory Bird Day Event Update
Member Craig informed the committee on the progress of the International Migratory Bird Day Event.
Craig was notified by Gary Matthews of the Larimer County Recreation and Parks District that the bird
sanctuary at the nine‐hole golf course may be closed at the time of the event due to elk calving season,
which could pose a safety risk to the public wishing to participate in the bird walk. A bird watcher
posted below the Olympus Dam to offer information on migratory birds could be a viable alternative
option. The Hondius Room at the Estes Valley Library is reserved for the event on June 7, 2014, but
Craig has not had any commitments from other organizations willing to contribute. Craig would speak
with Public Information Officer Rusch to complete a press release, design a poster to be placed in a few
key locations for promotion, formulate a small budget, and create a list of small prizes for individuals
who attend the event.
Arbor Day Celebration
Member Lebeau distributed flyers, and showed examples of the t‐shirt and the temporary tattoos
which were purchased for the Arbor Day Celebration. Lebeau stated all the necessary measures are in
place for a successful event at the school on April 24, 2014; yet the counting of the tree rings remains
to be completed. Donated books with the Town of Estes Park and Tree Board logos would arrive
shortly.
Municipal Service Worker Berg updated the Board on the trees and fencing supplies that would be
ordered for the Elementary School and Scott’s Ponds. Per the request of John Coleson, the Elementary
School would receive one Ponderosa Pine, two hawthorns and one maple at a cost of $739.92. 50 one‐
gallon aspens, 20 five‐gallon aspens and 58 five‐gallon cottonwoods at a cost of $3235.00 would be
purchased with funds from Platte River Power Authority for planting at Scott’s Ponds by the Eagle Rock
students. The Scott’s Ponds purchase would be presented as part of the Master Plan at the upcoming
Public Safety/Utilities/Public Works Committee Meeting on May 8, 2014. Berg informed the Board
after the September flood of 2013 the Parks Division became aware of the need for not only elk
fencing at Scott’s Ponds, but beaver fencing as well. Berg would like to purchase thirty rolls of both elk
and beaver fencing at a cost of $2,188.50 to ensure the trees planted will survive. It was moved and
seconded (Lockwood/ Lebeau) to approve the purchase of the Elementary School trees, elk and beaver
fencing, and it passed unanimously. Berg stated next month a request will be made for funds to
purchase the trees for Scott’s Ponds.
OTHER ITEMS OF BUSINESS
Member Lebeau made the Board aware they should start focusing on the Ecology Trail near the
Parking Garage at the Visitor Center, consider funds to be made available, and start setting the scope
of the design.
Manager McEachern advised the Board he is currently working on the Ordinance and Bylaws that will
shift the focus from a Tree Board to a Parks Advisory Board. The Ordinance and Bylaws would be
presented at the next Public Safety/ Utilities/ Public Works Committee on May 8, 2014.
Trustee Ericson informed the Board the Mayor will be appointing a new liaisons to all Town Boards and
Committees at the next Town Board meeting.
With no further business to discuss, the meeting was adjourned at 5:05 pm.
FINANCE Memo
To: Honorable Mayor Pinkham
Board of Trustees
Frank Lancaster, Town Administrator
From: Steve McFarland, Finance Officer
Date: May 27th, 2014
RE: Investment Services Contract Extension
Background:
The Town’s Investment Services contract with Cutwater Asset Management (Cutwater)
was approved at the Town Board meeting on March 8, 2011, and is attached for
reference. The contract was approved for a three-year period, renewable annually.
This extension (2014-15) is the final year of the renewable contract.
Budget:
There are no budget ramifications per se. Investment fees are netted out with
investment income and spread over all funds in proportion to fund balances. The total
amount of fees netted during a fiscal year are currently approximately $9,000, and are
based on 10 basis points per annum (0.10% of managed assets).
Staff Recommendation:
Staff recommends approval of extending the Investment Services Agreement with
Cutwater Asset Management, for the period March 01, 2014 through February 28, 2015.
Sample Motion:
I move for the approval/denial of extending the Investment Services Agreement to
Cutwater Asset Management, for the period March 01, 2014 through February 28, 2015.
Parks Advisory Board Interview Committee Appointments
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: May 23, 2014
RE: Interview Committee for Parks Advisory Board
Objective:
To appoint Town Board members to the interview committee for positions open on the
Parks Advisory Board.
Present Situation:
The Tree Board is currently made up of seven volunteer community members. The
Town Board will be considering a change in scope for the Board and renaming it the
Parks Advisory Board at their Tuesday, May 27, 2014 meeting. The Board currently
has two vacancies and one member that expired at the end of April. In addition, the
Board has received notice that a fourth member will be leaving in July. Therefore, there
are four vacancies on the Board to be filled at this time.
Administrative Services has posted the positions and will be accepting applications
through May 28, 2014.
Proposal:
Per Policy 101 Section 6 states all applicants for Town Committees/Boards are to be
interviewed by the Town Board, or its designee. Any designee will be appointed by the
Town Board. Therefore, Mayor Pinkham has requested the consideration of Trustees
Ward Nelson and Ron Norris to the interview panel for the Parks Advisory Board.
Advantages:
To move the process forward and allow interviews to be conducted of interested
applicants.
Disadvantages:
None.
Action Recommended:
To approve the appointment of Trustees Nelson and Norris to the interview panel.
Budget: None.
Parks Advisory Board Interview Committee Appointments
2
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees Nelson and Norris to the Parks
Advisory Board interview panel.
Rocky Mountain National Park Update
The Flood …..
Thursday, September 12, 2013
Road to McGraw Ranch
Buildings Near Fall River EntranceAssessing Damages
Landslide on west side of Twin Sisters
Assisting our community …
Convoy!
TrailsRecovery
Old Fall River Road
Endovalley Road
Alluvial Fan Bridge
Once the construction begins (date to be determined):The closure will extend from the barricades on the east end of Endovalley Road excluding the Lawn Lake Trailhead parking area, to the upper west end of the Old Fall River Road to Alpine Visitor Center. This closure includes the area known as the Alluvial Fan, and the east and west Alluvial Fan parking areas. The closure extends 200’ from the center line to both sides of this road corridor. This defined closure corridor does not include the Fall River waterway and bank.Areas affected by this closure may be adjusted as construction work proceeds.
Lily Lake – September 12
Lily Lake Dam Spill-way monitoring
Big Thompson Bridge on Bear Lake Road
Glacier Creek on Old Bear Lake RoadThursday, September 12, 2013
Moraine Park Discovery Center The Sequestration is behind us ….Glacier Basin Campground is Open!
Bear Lake Road Complete!
2012 3,229,618 (recreational visits) 2011 3,176,941 (recreational visits)3,335,862 (rec. & non rec.)FY13 ~ Up 7.8% as of end of AugustThen … the flood hit~ Down 7.4% for the yearPark Visitation2013 2,991,140But as of end of March we are up 7.2 percent from last year …
Sister Parks – Tatra National Parks
Sister Cities Partnership –Birds Without Borders
Hazard Tree ManagementPhoto by Kent Dannen
Bear Management:• Internal/external waste management• Internal/external education and communication• Enforcement of existing regulations for visitors and employees• Participating in Estes Valley’s Bear Education Task ForceCopyright photo Ray Sahm
• The 2009 wilderness legislation designated the East Shore Trail area for consideration of bicycle use• RMNP is considering whether to allow bicycle use on the northern 2 miles of the existing East Shore Trail within the park, with minor reroutes to protect sensitive resources and for public safety• An Environmental Assessment is being prepared and the public will be involved as the planning process moves forward• The decision will likely be made within the next yearEast Shore Trail
Multiuse Trail• A 2009 feasibility study confirmed the possibility of establishing approximately 15.5 miles of multiuse trail• Northern terminus: Fall River Entrance• Southern terminus: Sprague Lake• Offers connections tooEstes Valley trailsoAspenglen, Moraine Park, and Glacier Basin campgroundsoFall River, Beaver Meadows, and Moraine Park visitor centersoLawn Lake, Hollowell Park, and Sprague Lake trailheadsoHiker shuttle stops and Park & Ride• An Environmental Assessment is being prepared
Wilderness, Wildlife, Wonder
A Sample of MerchandisePowder Hill Photography - Fine Art PrintsHoward Neville - Centennial PosterTrail Ridge Quilters – Quilted ProductsBrad Fitch – Centennial CDPendleton Woolen Mills –Blanket, MugCoffee Table Books – Images of RMNP, Far Country PressMountain States Specialties – Water Bottle, Thermal Mug, Coffee Mug, Shot Glass, Lapel Pin, Magnet, Sticker, Keychain, Playing CardsXanterra - T-shirt, Pint Glass, Coffee MugRocky Mountain Gateway -Magnet, Throw Blanket, Patch, Hat, Coffee MugEnjoy Estes Park – Audio Podcasts, NotecardsHarvest Moon Adirondack Chair Co. – Custom Adirondack ChairKind CoffeeParksConnect RMNP AppSimply Christmas –OrnamentYMCA – Hotel KeycardsJames Frank – Calendar, Fine Art PrintsPancho&Lefty’s – T-shirt, Hoodie
•Junior Ranger Fun Days•100thAnniversary Ranger Programs•Continental Divide RLC Research Conference•Centennial Speaker Series•Wilderness, Wildlife, Wonder Speaker Series•Night Sky Festival•Centennial Artist in Residence Program•Artist in Residence Art Sale•Walk for Wilderness at Lily Lake•100thAnniversary Exhibits•Arapaho 100thAnniversary Events (in planning)•Weekly Podcast Series•Social Media Events (100 Days Outside)•On-line Family Photo Album•Centennial Junior Ranger Program Numerous Events in Rocky Mountain National Park…
Estes Park:• Arapaho 100thAnniversary Events• Wonder of the Wild – Images of RMNP• Longs Peak Scottish-Irish Highland Festival• Rocky Mountain Plein Air Painters Paint Out • Kids Paint Out at Lily Lake• Brad Fitch Centennial Concert• Vintage Time Travelers Model T Historic Car Camp• Estes Park Museum Programs• Climb On! Exhibit• The Playground Trail: The National Park to Park Highway• Meet Me @ the Museum: Vintage Souvenirs of RMNP• The Geology of Estes Park Rock Climbing• Whooo’s Up There – Children’s Owl Program• One Book, One Valley Events – Estes Valley Library• State-wide Student Art Celebration and Contest – Estes Institute• YMCA Centennial Hikes• Colorado Mountain Club Celebrates RMNP• Centennial Celebration RMNA Seminars
Grand Lake:• Wonder of the Wild II – Grand Lake Art Gallery• Wilderness, Wildlife, and Wonder Halloween • Wilderness, Wildlife, and Wonder Independence Day Parade• Grand Lake Historical Society Cottage Camp Cook Out• New Year’s Eve Fireworks to celebrate the Centennial• The Wonder of Christmas in Grand Lake – Christmas Tree Lighting• Grand Lake Geo-caching Adventure• Grand Lake Then and Now Walking Tour• The Wonder of God’s Glorious Creation – nondenominational church service• Home for the Holidays: The Wonder of Christmas in the Rockies –Rocky Mountain Repertory Theater• Trappers Wild Game Culinary Affair• The Wonder of Art from the Park – art exhibit• Paint Something Grand – painting workshops• Constitution Week and Concert• Grand Slam Cycling Event• Christmas/Fireworks
Barbara ScottAnniversary Coordinator970-586-1226ROMO_100th_Anniversary@nps.govBarbara_Scott@nps.govwww.nps.gov/romo/planyourvisit/100th_anniversary.htm
Questions?
Rocky Mountain National Park
Spring Briefing
2014
Visitation
Rocky Mountain National Park recreation visitation was 2,991,141 visitors in 2013, a 7%
decrease from the recreation visitation numbers in 2012. September, typically one of the park's
busiest time of year with some of the highest visitation days, and October were both greatly
affected with closures in the park due to historic flooding, main access roads to the east side of
the park being closed, and the government shutdown.
Top 10 Days in 2013: Top 10 Days in 2012:
1 August 3 1 September 29
2 July 6 2 September 2
3 July 21 3 August 5
4 July 5 4 July 22
5 May 26 5 September 16
6 August 4 6 August 12
7 July 20 7 September 3
8 July 4 8 July 15
9 August 11 9 September 15
10 August 10 10 July 30
Fee Free Dates:
Our remaining Fee Free Days this year will be:
August 25 (NPS Birthday),
September 27 (National Public Lands Day),
and November 11 (Veterans Day).
Aftermath of the 2013 Flood:
Rocky Mountain National Park received significant damages on bridges, roads and trails in the
historic floods that occurred in September. However, damages in the park were relatively minor
in comparison to the disastrous flooding that downstream communities east of the park
experienced. The west side of the park was largely unaffected by the storm with flooding
occurring only east of the Continental Divide.
The Federal Highway Administration - Central Federal Lands Division is finalizing the design
for repairs on Old Fall River Road. The road will remain closed to vehicles through 2014. Once
construction begins (date to be determined) to repair the road and the Alluvial Fan - the road
west of the Lawn Lake Trailhead to the Alpine Visitor Center will be closed to pedestrians and
bicycles as well as vehicles.
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5/8/2014
The closure will extend 200’ from the center line to both sides of this road corridor. This defined
closure corridor does not include the Fall River waterway and bank.
Known damage to trails and pedestrian access are mainly in the Fall River, Lumpy Ridge, Bear
Lake, Northfork, Twin Sisters and Wild Basin areas. Some trails are closed to stock use. The
primary focus of the 2014 field season will be to replace bridges.
Due to the flood, backcountry travelers may encounter different conditions than they have
experienced in the past. Visitors may find missing foot bridges, missing trail segments, uneven
trail surfaces, unstable slopes, falling trees due to soil moisture, rutted trails, damaged water bars
and steps, difficult water crossings, and missing directional signs. Visitors should be prepared.
Most of Rocky Mountain National Park is designated wilderness, where self-reliance, discovery
and adventure are expected.
100th Anniversary Celebration:
The start of Rocky Mountain National Park’s 100th Anniversary festivities is just a few
months away! The kick-off events to start the celebration happen on September 3, at Hidden
Valley and September 4, 2014 at Holzwarth Historic Site. A year-long celebration will
continue until the 100th Anniversary of the dedication on September 4, 2015.
During Rocky Mountain National Park’s 100th Anniversary, the park will be offering a
limited number of special programs starting in September 2014. The yearlong Centennial
Calendar of Events, however, will mostly reflect the creativity and initiative of community
groups and organizations that wish to create events or link existing events to the
commemoration and celebrate their connection with the park. These community-sponsored
events will take place both inside and outside Rocky Mountain National Park. If you have an
idea for a special 100th Anniversary event, find a group, organization, or business that wants
to plan and put on the event, and visit our website to fill out an application. Creativity is
encouraged! Or if your annual event has any connection to the “Wilderness, Wildlife,
Wonder” of Rocky Mountain National Park, consider celebrating that connection during our
100th Anniversary year.
Approved events, educational programs, and activities will be added to the park’s Centennial
Calendar of Events and will be promoted through newsletters, press releases, on-line
resources, and other park media. The Deadline for 2015 events is September 1, 2014.
Merchandise displaying the 100th Anniversary Logo is now on sale at various merchants in
Estes Park and Grand Lake. Check the 100th Anniversary website for planning updates and
rules and applications for using the logo or being park of the celebration.
For updates, please visit: www.nps.gov/romo/planyourvisit/100th_anniversary.htm
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5/8/2014
Campgrounds:
Glacier Basin Campground: Now that the Bear Lake Road Reconstruction has been
completed the campground will re-open in 2014. All sites will be on the reservation system
(Recreation.gov), including the group camp site loop. The campground will be open in 2014
starting May 22nd through September 8th.
Longs Peak Campground: Has been closed again this winter and early spring and is
projected to open by Memorial Day weekend. Winter camping opportunities have been
available at Moraine Park.
Moraine Park Campground: Moraine Park Campground has been open through the winter
and will begin the reservation season on May 22nd through the end of September. All sites
in the campground can be reserved except for those in the “B” loop which are available on a
first-come, first-served basis.
Timber Creek Campground: The campground will open on May 22nd for camping on a first-
come, first-served basis. The campground will close for the winter on December 1st.
Additional Solar Shower Enclosures added to Campgrounds: To complement an
experimental, two-stall solar shower enclosure that proved highly successful in Moraine Park
Campground, a second four-stall enclosure will be constructed this year, along with a two-
stall enclosure at Aspenglen Campground. Both will be open for use during the summer of
2014. Relying on passive solar energy to heat water in commercially made solar showers,
these units are another “green” visitor service that enhances sustainability.
Bear Boxes (food storage lockers): Efforts to increase the availability of bear-proof food
storage lockers in developed campgrounds continues. Nearly all sites in Aspenglen
Campground will have food storage lockers. More are being added to Moraine Park and
Longs Peak Campground, and new food storage lockers will be added to Glacier Basin
Campground. Complementing our efforts to reduce bear conflicts; our backcountry
campsites require food storage canisters and our placement of food storage lockers at
trailhead parking areas to reduce bear access to human food sources. “Bear-proofing” the
park continues to be an ongoing investment toward public safety, and the protection of
wildlife and property.
Visitor Shuttle Operations:
Visitor Transportation System: Since the Reconstruction of Bear Lake Road has been
completed, the shuttle system will return to its normal routes. The shuttle routes will interchange
at the park’s Park & Ride facility. A new experimental stop has been added at the Sprague
Lake/Glacier Creek livery. The park’s shuttle system will have a new look in 2014 with all new
paint and graphics applied to the shuttles. The shuttle will have a mountain-scape graph along
with new lettering. In addition there are two new Hybrid shuttle buses joining the fleet this year,
along with current equipment that is all fitted with Diesel Particulate Filter systems and now
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5/8/2014
meet the EPA’s clean diesel standard. The combination of this equipment is expected to bring at
least an 11% increase in fuel efficiency along with reduced emission.
Permits and Fees:
Entrance Fees: No Changes in 2014.
Annual Pass: The RMNP annual pass remains $40.
Daily/7-day Pass: Remains $20.
Joint Pass with Arapahoe National Recreation Area: Remains at $50.
Overnight Backcountry Use Permits: Remains at $20.
Commuter Permit: Provides for non-recreational travel through the park (Trail Ridge Road)
for local area residents. Remains at $20.
East Shore Trail:
An Environmental Assessment (EA) was prepared as part of the decision process on whether to
allow bicycle use on a two-mile section of the East Shore Trail near Grand Lake. The EA was
available for public review and comment for 45 days earlier this year, with a decision to follow
later this year.
East Side Multiuse Trail Study:
The park received funding from the Transit in Parks Program to prepare an Environmental
Assessment (EA) as part of the decision process whether to develop a multiuse trail system on
the east side of the park. A 2009 study demonstrated that such a trail system is feasible, and
could connect multiple front country locations in the park (visitor centers, campgrounds,
trailheads, etc.) with the growing trail network in the Estes Valley. The feasibility study
examined a 15.5 mile corridor that roughly parallels existing roads. If approved, such a trail
system may or may not include the entire corridor. It would also be many years in the making
and would be costly to build. Public scoping was conducted in February and March 2013, and
the contractor who is preparing the EA completed natural and cultural resource field work in
2013. An additional opportunity for public input was provided in late summer 2013, and the EA
will likely be available for public review and comment sometime in 2014, with a decision to
follow.
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Rocky Mountain Conservancy:
On May1, 2014, our partner, The Rocky Mountain Nature Association changed its name to the
Rocky Mountain Conservancy. Started in 1931, the Association focused its efforts on providing
interpretive and educational materials through sales at park bookstores. Since then the
organization has evolved and expanded its focus, responding to park needs and opportunities to
better help preserve Rocky Mountain National Park. The Field Seminars program; the Next
Generation Fund; the American Conservation Corps; land acquisition; and the numerous projects
supported by the Sustainability Fund are just a few of the cooperative efforts between us. The
name change to Rocky Mountain Conservancy better describes the myriad of collaborative
projects and programs, and reflects a dedication to providing assistance in park stewardship.
Moraine Park Discovery Center:
Starting in June 2014, the Moraine Park Visitor Center will be called the Moraine Park
Discovery Center. In collaboration with our partner, the Rocky Mountain Conservancy (formerly
The Rocky Mountain Nature Association) the center will feature many of the park’s educational
programs including: the Discovery Days environmental education program, the Artist in
Residence program and the Conservancy’s Seminar program. The center will also be the Junior
Ranger Headquarters for the 2014 summer season.
Other Projects:
HQ West Water System: The system that provides the water to all of the facilities in the
headquarters area on the west side of the park will be completely replaced in the fall of 2014.
The work will include the installation of a new treatment system that will remove all of the
manganese that is prevalent in the water. The project will also replace the 60+ year old water
lines that serve the facilities.
Road Projects: Routine maintenance including striping, shoulders and ditching. We will be
continuing historic rock wall rehabilitation on Trail Ridge Road as well as chip sealing
between Rainbow Curve to Alpine Visitor Center. The chip sealing is scheduled for mid-
summer and will result in short delays when traveling over Trail Ridge Road.
Tuxedo Park: We will be constructing a bus shelter and access trail to the picnic area at
Tuxedo Park.
Hidden Valley: Junior Ranger Headquarters will be moved to the Moraine Park Discovery
Center this summer, while a solar energy system and other sustainability enhancements are
completed at the ranger station.
Harbison Picnic Area: Constructing a vault toilet.
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5/8/2014
Clean Cities Grant: The park has received two electric vehicles and is installing two
charging stations for electric vehicles for administrative use.
Mountain Pine Beetle Mitigation:
Focus is on mitigating hazard trees and hazard fuels in visitor use areas (roadways,
trailheads, campsites, buildings, etc.). Hazard tree removal projects will incorporate
temporary site closures or traffic delays as needed to ensure visitor safety and efficient
project completion. Work continues beyond the trailheads to mitigate hazard trees at
designated campsites for backcountry/wilderness users. Pile burning from fuels reduction
and hazard tree mitigation projects is completed for fiscal year 2014. For more information
on project dates, possible temporary and short term travel closures for public safety, and
locations of hazard tree work, please refer to the Rocky Mountain National Park website and
follow the links to the forest health page (www.nps.gov/romo).
Other Beetle Mitigation Work: The park is selectively applying an insecticide, Carbaryl, to
protect up to 7,000 high value trees on both the east and west sides of the park. When
sprayed on the trunk of a pine tree, Carbaryl kills beetles that might attack a tree. High value
trees are in front country locations such as campgrounds, historic landscapes, picnic areas,
and visitor centers. They are important for shade, visual screening, cultural significance, and
outstanding visual quality. With spraying, we have observed nearly 100 percent success at
protecting high value trees. These site specific treatments will continue until the bark beetle
outbreak has subsided.
Research: Research is continuing on the effects of mountain pine beetle induced tree
mortality on water quality. The objectives are 1) quantify impacts by analyzing nitrogen,
carbon, and phosphorus in streams and lakes relative to the timing and intensity of beetle
induced tree mortality, 2) evaluate effects of management actions, and 3) use a model to
predict nitrogen, carbon, and phosphorus concentrations in surface water and evaluate the
importance of atmospheric nitrogen versus beetle induced nitrogen on surface water
chemistry.
From recent peer-reviewed papers, researchers have found an increase in the contribution of
groundwater to streams in watersheds that were impacted by mountain pine beetles. Tree
mortality and a reduction in transpiration are thought to cause this increase in groundwater
input. Contrary to predictions, stream water nitrate concentrations have not increased
following widespread tree mortality.
Wildland Fire Management:
Scheduled downsizing of National Park Service fire management staff and fuel reduction
programs received a reprieve this season; funds supporting these programs were not significantly
reduced as expected. Rocky Mountain National Park (RMNP) will maintain a fire management
staff that will provide for seven-day-a-week coverage for initial attack and local support. Initial
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5/8/2014
attack for RMNP as well as the adjoining national forests is further supported through
agreements with the U.S. Forest Service (USFS) and local fire districts to provide initial attack
coverage using closest available resources. Since 2010 RMNP has had three of its four largest
fires in its nearly 100 year history.
Elk & Vegetation Management Plan:
Over the course of the next few years expect to see a few additional exclosures and limited or
no culling for population control. The following activities have taken place or are planned:
o Elk exclosures constructed to restore aspen and willow communities:
Since the fall of 2008, approximately 181 acres of willow are being protected
(includes 16 acres in the Kawuneeche Valley) and 44 acres of aspen are being
protected (acres protected may have slightly changed because of more
accurate mapping).
In 2014, work will focus on evaluating willow, aspen, and upland vegetation
growth, productivity, and ungulate use in preparation for an adaptive
management evaluation of the elk and vegetation management program.
The elk exclosures are temporary and will come down when restoration goals
are met; effectiveness will be evaluated every 5 years.
o CWD research (east side) – Beginning in December 2011, researchers from the NPS
Biological Resources Management Division (BRMD) from Fort Collins started a new
research project studying the effects of CWD on elk. This project involves capturing up
to 100 female elk, collecting a series of biological samples, placing a brown colored radio
collar on the animals, and releasing them. The animals will be tracked over a five year
period with 2 more years remaining.
o Limited culling of female elk for population control (east side):
A total of 52 elk were culled between the winters of 2008/09 and 2010/11.
No elk were culled during the winters of 2011/12, 2012/13, and 2013/14.
Meat was tested for CWD. Those testing CWD-detected were used to support
the Colorado Parks and Wildlife mountain lion research project.
Grand Ditch:
Restoration Activities: During March 2012, the Draft Environmental Impact Statement
(DEIS) was completed and released to the public for review and comment. Public meetings
for the DEIS were held in Fort Collins and Grand Lake in April, 2012. The final EIS was
completed and released to the public on May 31, 2013. Shortly thereafter the Record of
Decision (ROD) was signed by the Regional Director in August 2013, which selected the
NPS preferred alternative as the selected action.
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5/8/2014
Restoration will focus on restoring healthy trajectories for both hydrological function (e.g.
surface and groundwater dynamics) and ecological community evolution (e.g. riparian,
wetland, and upland habitat). The NPS preferred alternative includes a combination of the
following actions: Allowing natural (passive) restoration to occur where appropriate;
stabilizing steep, unstable slopes with an engineered solution; removing deposited sediment
and redistributing it through the impacted area or elsewhere; removing dead timber from the
impacted area and/or using it in the restoration process; regarding and recontouring areas to
restore appropriate morphology and function; native plant restoration with appropriate,
locally gathered plant materials; may require the use of motorized equipment such as
chainsaws, heavy lift helicopters, and earthmoving equipment; may require temporary
fencing to protect native plant restoration areas.
Final planning for implementation is currently underway and restoration activities could
begin as soon as fall of 2015.
New Technology:
The park continues to explore ways to utilize new technology to improve opportunities to
stay connected with the park. Our website (nps.gov/romo) has nearly 2500 pages and is the
most popular way for our visitors to gather park information. You may follow us on Twitter
at [RMNPOfficial] or on Facebook at [Rocky Mountain National Park].
Community Development Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Phil Kleisler, Planner/Code Compliance Officer
Date: May 27, 2014
RE: Final Subdivision Plat, Mountain River Townhomes, 650 Moraine
Avenue, Dallman Construction/Applicant
Objective:
Review of the final townhouse plat to allow the development of 26 freestanding
residential/accommodations units.
Present Situation:
Property is the former Telemark
property, located at 650 Moraine
Avenue within the Town of Estes
Park. Most cabins were built in the
early 1930’s and are currently
unoccupied. Utilities to the cabins
have been abandoned.
The property is zoned A
Accommodations, which allows both
residential and accommodations
uses.
Proposal:
The approved Mountain River Development Plan describes the layout and use of the
property, and the approved Preliminary Subdivision Plat describes lots for commonly
owned areas such as roads and stormwater ponds, and lots for individually owned
townhouses. An application for a final subdivision plat must be submitted within twelve
(12) months from the date of the final approval of a preliminary plat; the Town Board
approved the Mountain River Preliminary Subdivision Plat on December 10, 2013. The
Estes Valley Planning Commission does not review final plat applications.
The site is approved for the development of 26 freestanding units. The site layout
would provide for the extension of Park River Place. The road would connect to the
existing Park River Place on the east side of the property, and would extend through the
site, aligning with Cedar Ridge Circle on Moraine Avenue.
The Town Board is the Decision-making Body for this application.
Advantages:
• Compliance with the Estes Valley Development Code and Comprehensive Plan.
• Infill development of 26 freestanding units.
• Expanded tax base and increased permit fee revenue.
Disadvantages:
• Decreased open space and wildlife habitat.
Action Recommended:
Staff recommends APPROVAL of the proposed Mountain River Townhomes Final Plat
CONDITIONAL TO:
1. Remove ‘by a resolution adopted’ from the Board of Trustees certificate;
2. Reference that the homeowners association is responsible for maintenance in
Subdivision Note 4;
3. Orient signatures and vicinity map as outlined in the attached Plat Style Guide;
4. Remove the word ‘new’ from easements;
5. Revise ‘Former Property Line to be abandoned” to read “Former Property Line
Vacated by this Plat”;
6. Describe 15’ utility easement in northeast corner of lot as a public utility
easement; widen to 20’ (Chapter 10.5.E.5);
7. Sewer easements shall be recorded and referenced on the signed plat mylars;
and
8. Due to construction activity, interior property monuments may be set prior to plat
recordation.
Budget:
N/A
Level of Public Interest:
Moderate.
Community Development received comments from adjoining property owners and the
Planning Commission received public comment during the November hearing. Primary
concerns related to traffic impact on Moraine Avenue, additional traffic through the Park
River West development, and wildlife habitat.
Staff have not received public comment for this final plat application.
Sample Motion:
I move to Approve (Deny) the Final Subdivision Plat application with the conditions
recommended by staff.
STATEMENTOFINTENTMOUNTAINRIVERTOWNHOMESFINALPLATApril18,2014MountainRiverTownhomesisaTownhomeDevelopmentlocatedat650MoraineAvenue.ThepropertyistheoldTelemarkCottages.Itisproposedtoberedevelopedas26singlefamilytownhomeunits.ThedevelopmentplanandpreliminaryplatwereapprovedbyTownBoardinDecember,2013.TheapplicantisJeffMoreauwithDallmanConstruction.Easementsforfeaturesandutilitiesrelatedtotheproposedconstruction(DevelopmentPlan)areproposedtobededicatedwiththisAmendedPlatasshown.Rightofwayasagreeduponduringthedevelopmentplanprocessisproposedtobededicatedwiththisplataswell.
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Kevin McEachern, Public Works Operations Manager
Date: May 27, 2014
RE: Resolution to Establish Parks Advisory Board
Objective:
To have the Town of Estes Park Town Board establish a resolution for a Parks Advisory
Board.
Present Situation:
At present, the Town has a Tree Board that is required to be a Tree City. It has been
communicated that a Parks Advisory Board would serve the community well with the
Tree City USA standards and added responsibilities associated with the Town’s parks
and trails.
Proposal:
A Parks Advisory Board would help establish standards, advise on the placement of
public art, memorials, permanent installations and locations, standards for planting,
invasive plants, noxious weeds and pest control. The committee will continue to support
educational programs in the schools and community for river work, clean up, wetlands
and re-vegetation.
The Parks Advisory Board will continue to be funded with budgetary funds in the
amount of $2 per capita to fund a community forestry program to meet Tree City USA
standards.
Advantages:
The Parks Advisory Board will contribute to the community by addressing the following
responsibilities:
1) Draft an appropriate Tree Care Ordinance as required by Tree City USA
standards for possible adoption by the Board of Trustees.
2) Organize and support the annual Arbor Day observance.
3) Provide for the issuance of any necessary Proclamations for Arbor Day as
required by Tree City USA standards.
4) Organize and conduct a community forestry program at a minimum of $2 per
capita of Town residents as required by Tree City USA standards.
5) Review and advise the Town Board and Staff on public art, memorials,
donations, permanent installations, and locations.
6) If requested by the Town Board or Staff, review and advise standards for
plantings, landscaping, and/or design of public parks and trails.
7) Provide information and advice concerning invasive plants, noxious weeds, and
pest control.
8) Continue to support educational programs in the schools and the community
regarding river work, clean-up, wetlands, education, and support of re-vegetation.
9) Perform any other review and advisory services as directed by the Town Board
and/or Town Staff.
10) Adopt bylaws consistent with the Town Policy on bylaws for Advisory Boards.
Disadvantages:
The expansion of the Tree Board with a larger Board with added responsibilities could
have less focus on tree issues and programs. However, the members of the present
board have shown their dedication to tree issues and programs and the continuation of
Tree City USA standards.
Action Recommended by Staff:
Public Works staff recommends to the Town Board to pass a resolution to establish a
Parks Advisory Board.
Level of Public Interest
There has been high interest by the public with the Tree City USA involvement in the
community with education, planting of trees and community involvement in programs.
The Public has also shown interest in public art and memorials, as well as parks and
trails.
Sample Motion:
I move for the approval/denial for a Resolution to establish the Parks Advisory Board.
Attachments:
Resolution for Parks Advisory Board.
1
RESOLUTION NO. 12-14
A RESOLUTION ESTABLISHING THE PARKS ADVISORY BOARD
WHEREAS, the Tree Board has provided advice and sponsored programs for
the Town including participation in the Tree City USA Program, organizing and holding
the annual Arbor Day observance and Proclamation, and reviewing and providing
advisory comments to the Board of Trustees, Town Staff, and the citizens of the Town
for tree and landscaping issues; and
WHEREAS, the Board of Trustees has determined to reorganize the Tree Board
as the Parks Advisory Board including adding additional advisory responsibilities for
placement of public art, memorials, permanent installation and locations, and advisory
review for standards for planting, invasive plants, noxious weeds and pest control; and
WHEREAS, the Parks Advisory Board will continue to support educational
programs in the schools and community for river work, clean up, wetlands, education
and support of re-vegetation; and
WHEREAS, it is necessary to provide for the organization of the Parks Advisory
Board and delineation of its responsibilities in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. Board Organization.
a) The Parks Advisory Board shall consist of seven (7) Members appointed by
the Board of Trustees.
b) Qualification for Membership. Members shall reside within the Estes Valley
Planning Area for at least two (2) years and have experience with trees,
weeds, public art, trails or park design. Members shall continue to be
residents of the Estes Valley Planning Area during their term.
c) Member Terms. Members shall be appointed for a three (3) year term. The
terms of the Members shall be staggered so that two (2) or three (3) Members
are appointed to three (3) year terms each year. Members may serve two (2)
or more consecutive terms. Members shall be appointed by the Town Board
pursuant to the Town’s Advisory Board policies. Any vacancy of a Member
shall be filled by the Town Board for the unexpired portion of the vacated
term.
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2. Responsibilities. The Parks Advisory Board shall have the following
responsibilities:
a) Draft an appropriate Tree Care Ordinance as required by Tree City USA
standards for possible adoption by the Board of Trustees.
b) Organize and support the annual Arbor Day observance.
c) Provide for the issuance of any necessary Proclamations for Arbor Day as
required by Tree City USA standards.
d) Organize and conduct a community forestry program at a minimum of $2
per capita of Town residents as required by Tree City USA standards.
e) Review and advise the Town Board and Staff on public art, memorials,
donations, permanent installations, and locations.
f) If requested by the Town Board or Staff, review and advise standards for
plantings, landscaping, and/or design of public parks and trails.
g) Provide information and advice concerning invasive plants, noxious
weeds, and pest control.
h) Continue to support educational programs in the schools and the
community regarding river work, clean-up, wetlands, education, and
support of re-vegetation.
i) Perform any other review and advisory services as directed by the Town
Board and/or Town Staff.
j) Adopt bylaws consistent with the Town Policy on bylaws for Advisory
Boards.
3. Budget. The Town Board shall consider, during its annual budgetary process,
providing funds in the amount of $2 per capita of residents of the Town for use by
the Parks Advisory Board to fund a community forestry program to meet Tree City
USA standards.
Dated this ____day of______________, 2014.
3
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, Special Projects Manager
Date: May 27th, 2014
RE: RESOLUTION # 13-14 INTERGOVERNMENTAL AGREEMENT
BETWEEN THE STATE OF COLORADO AND THE TOWN OF ESTES
PARK FOR THE VISITOR CENTER PARKING GARAGE FUNDING.
Objective;
The Town Board reviewing and considering the inter-governmental agreement (IGA)
between the Town of Estes Park and the State of Colorado for accepting grant funding
for the and construction of the visitor center parking structure. This also requires
resolution by the board to accept these funds, budget required matching funds and
enter into an IGA.
Present Situation:
The Town has received grant funding in the amount of 3.2 million dollars in Paul
Sarbanes Transit in the Parks program for the design and construction of a parking and
transit structure located at the visitor center. These Federal Highway funds are already
secured and being expended for the design of the structure.
In addition to these funds the Town was successful in obtaining additional State funds
from two additional grant programs. These funds are both the Congestion Mitigation Air
Quality (CMAQ) and (Funding Advancement for Surface Transportation and Economic
Recovery) funds.
The item for consideration under this action is both a resolution and the consideration of
the intergovernmental agreements between the Town and the State for these CMAQ
and FASTER funds. These documents are attached for reference.
Budget:
1. CMAQ funds $329,000.00
2. FASTER funds $400,000.00
3. Town of Estes Park ( required matching funds) $168,390.00
TOTAL $ 897,391.00
Level of Public Interest
This has a high level of public interest.
Sample Motion:
I move for the approval/denial of the resolution between the State of Colorado and the
Town of Estes Park for accepting CMAQ and FASTER funds to be used for the design
and construction of the Estes Park Visitor Center Transit Parking Structure.
I move for the approval/denial of the IGA between State of Colorado and the Town of
Estes Park for accepting CMAQ and FASTER funds to be used for the design and
construction of the Estes Park Visitor Center Transit Parking Structure.
(FMLAWRK) Rev 11/28/12
PROJECT AQC M 405-016, (19013) Routing # 14 HA4 65245
REGION 4/(rp) ID 331001051
STATE OF COLORADO
Department of Transportation
Intergovernmental Agreement
with the
Town of Estes Park
TABLE OF CONTENTS
1. PARTIES ............................................................................................................................................ 2
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. ...................................................................... 2
3. RECITALS .......................................................................................................................................... 2
4. DEFINITIONS ..................................................................................................................................... 2
5. TERM and EARLY TERMINATION. ................................................................................................... 3
6. SCOPE OF WORK ............................................................................................................................. 3
7. OPTION LETTER MODIFICATION .................................................................................................... 7
8. PAYMENTS ........................................................................................................................................ 8
9. ACCOUNTING .................................................................................................................................. 10
10. REPORTING - NOTIFICATION ...................................................................................................... 11
11. LOCAL AGENCY RECORDS ......................................................................................................... 11
12. CONFIDENTIAL INFORMATION-STATE RECORDS ................................................................... 12
13. CONFLICT OF INTEREST ............................................................................................................. 12
14. REPRESENTATIONS AND WARRANTIES ................................................................................... 13
15. INSURANCE ................................................................................................................................... 13
16. DEFAULT-BREACH ....................................................................................................................... 15
17. REMEDIES ..................................................................................................................................... 15
18. NOTICES and REPRESENTATIVES ............................................................................................. 17
19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................. 17
20. GOVERNMENTAL IMMUNITY ....................................................................................................... 17
21. STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................................................... 18
22. FEDERAL REQUIREMENTS ......................................................................................................... 18
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ................................................................... 18
24. DISPUTES ...................................................................................................................................... 19
25. GENERAL PROVISIONS ............................................................................................................... 19
26. COLORADO SPECIAL PROVISIONS ............................................................................................ 22
27. SIGNATURE PAGE ........................................................................................................................ 24
28. EXHIBIT A – SCOPE OF WORK ...................................................................................................... 1
29. EXHIBIT B – LOCAL AGENCY RESOLUTION ................................................................................ 1
30. EXHIBIT C – FUNDING PROVISIONS ............................................................................................ 1
31. EXHIBIT D – OPTION LETTER ........................................................................................................ 1
32. EXHIBIT E – 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
Page 2 of 24
1. PARTIES
THIS 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”). 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
Pursuant to Title I, Subtitle A, Section 1108 of the “Transportation Equity Act for the 21st
Century” of 1998 (TEA-21) and/or the “Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users” (SAFETEA-LU) of 2005 and to applicable provisions of Title
23 of the United States Code and implementing regulations at Title 23 of the Code of Federal
Regulations, as may be amended, (collectively referred to hereinafter as the “Federal
Provisions”), certain federal funds have been and are expected to continue to be allocated
for transportation projects requested by the Local Agency and eligible under the Surface
Transportation Improvement Program that has been proposed by the State and approved by
the Federal Highway Administration (“FHWA”).
ii. State Authority
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 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 funds to the Local Agency pursuant to
CDOT’s Stewardship Agreement with the FHWA.
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.
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.
Page 3 of 24
C. Budget
“Budget” means the budget for the Work described in Exhibit C.
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. Evaluation
“Evaluation” means the process of examining the Local Agency’s Work and rating it based on
criteria established in §6 and Exhibits A and E.
F. Exhibits and Other Attachments
The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A
(Scope of Work), Exhibit B (Resolution), Exhibit C (Funding Provisions), Exhibit D (Option
Letter), Exhibit E (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) and
Exhibit K (Supplemental Federal Provisions).
G. 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.
H. Oversight
“Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and
the Federal Highway Administration (“FHWA”) and as it is defined in the Local Agency Manual.
I. Party or Parties
“Party” means the State or the Local Agency and “Parties” means both the State and the Local
Agency
J. Work Budget
Work Budget means the budget described in Exhibit C.
K. Services
“Services” means the required services to be performed by the Local Agency pursuant to this
Contract.
L. Work
“Work” means the tasks and activities the Local Agency is required to perform to fulfill its
obligations under this Contract and Exhibits A and E, including the performance of the
Services and delivery of the Goods.
M. 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 and EARLY TERMINATION
The Parties’ respective performances under this Agreement shall commence on the Effective Date.
This Agreement shall terminate after ten (10) years of state controllers signature in section 27, unless
sooner terminated or completed as demonstrated by final payment and final audit.
6. SCOPE OF WORK
A. Completion
The Local Agency shall complete the Work and other obligations as described herein in Exhibit
A. Work performed prior to the Effective Date or after final acceptance shall not be considered
part of the Work.
Page 4 of 24
B. Goods and Services
The Local Agency shall procure Goods and Services necessary to complete the Work. Such
procurement shall be accomplished using the Contract 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.
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 Agreements Office.
Page 5 of 24
(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.
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. 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).
Page 6 of 24
(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 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)(c)(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.R.F. 635.204(c). Such agreed
unit prices shall constitute a commitment as to the value of the Work to be
performed.
(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 matching 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, Exhibit E,
F. ROW and Acquistion/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
Page 7 of 24
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 and:
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.
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. OPTION LETTER MODIFICATION
An option letter may be used to authorize the Local Agency to begin a phase without increasing total
budgeted funds, increase or decrease the encumberance amount as shown on Exhibit C, and/or
tranfer funds from one phase to another. Option letter modification is limited to the specific scenarios
listed below. The option letter shall not be deemed valid until signed by the State Controller or an
authorized delegate.
Page 8 of 24
A. Option to begin a phase and/or increase or decrease the encumberance amount
The State may authorize the Local Agency to begin a phase that may include Design,
Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not
apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms
and conditions stated in the original Agreement, with the total budgeted funds as shown on
Exhibit C remaining the same. The State may increase or decrease the encumbrance
amount for a particular phase by replacing the original funding exhibit (Exhibit C) in the
original Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be
labeled C-2, C-3, etc). The State may exercise this option by providing a fully executed
option to the Local Agency within thirty (30) days before the initial targeted start date of the
phase, in a form substantially equivalent to Exhibit D. If the State exercises this option, the
Agreement will be considered to include this option provision.
B. Option to transfer funds from one phase to another phase
The State may permit the Local Agency to transfer funds from one phase (Design,
Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another as a
result of changes to state, federal, and local match. The original funding exhibit (Exhibit C)
in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits
to Exhibit C-1 shall be labled C-2, C-3, etc.) and attached to the option letter. The funds
transferred from one phase to another are subject to the same terms and conditions stated
in the original Agreement with the total budgeted funds remaining the same. The State may
unilaterally exercise this option by providing a fully executed option to the Local Agency
within thirty (30) days before the initial targeted start date of the phase, in a form
substantially equivalent to Exhibit D. Any transfer of funds from one phase to another is
limited to an aggregate maximum of 24.99% of the original dollar amount of either phase
affected by a transfer. A bilateral amendment is required for any transfer exceeding 24.99%
of the original dollar amount of the phase affected by the increase or decrease.
C. Option to do both Options A and B
The State may authorize the Local Agency to begin a phase as detailed in Exhibit A, and
encumber and transfer funds from one phase to another. The original funding exhibit
(Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1
(subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the
option letter. The addition of a phase and encumbrance and transfer of funds are subject to
the same terms and conditions stated in the original Agreement with the total budgeted funds
remaining the same. The State may unilaterally exercise this option by providing a fully
executed option to the Local Agency within thirty (30) days before the initial targeted start
date of the phase, in a form substantially equivalent to Exhibit D.
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 maximum amount payable is set forth in Exhibit C as determined by the State from
available funds. Payments to the Local Agency are limited to the unpaid encumbered balance of
the Agreement set forth in Exhibit C. The Local Agency shall provide its match share of the
costs as evidenced by an appropriate ordinance/resolution or other authority letter which
expressly authorizes the Local Agency the authority to enter into this Agreement and to expend
its match share of the Work. A copy of such ordinance/resolution or authority letter is attached
hereto as Exhibit B.
Page 9 of 24
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Contract or in Exhibit C shall comply with State
Fiscal Rules and be made in accordance with the provisions of this Contract or such Exhibit.
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 Contract shall be
made only from available funds encumbered for this Contract and the State’s liability for such
payments shall be limited to the amount remaining of such encumbered funds. If State or
federal funds are not appropriated, or otherwise become unavailable to fund this Contract,
the State may terminate this Contract 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 Contract or other contracts, Agreements 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
Contract Funds shall be used only for eligible costs identified herein.
D. Matching Funds
The Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. The Local
Agency shall have raised the full amount of matching funds prior to the Effective Date 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 matching 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 Agency Matching Funds” in
Exhibit C 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.
E. Reimbursement of Local Agency Costs
The State shall reimburse the Local Agency’s allowable costs, not exceeding the maximum total
amount described in Exhibit C and §8. The applicable principles described in 49 C.F.R. 18
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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 State shall reimburse the Local Agency
for the federal-aid share of properly documented costs related to the Work after review and
approval thereof, subject to the provisions of this Agreement and Exhibit C. However, any costs
incurred by the Local Agency prior to the date of FHWA authorization for the Work and prior to
the Effective Date shall not be reimbursed absent specific FHWA and State Controller approval
thereof. Costs shall be:
i. Reasonable and Necessary
Resonable 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);
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 Budget as
provided for in Exhibit C. If FHWA funding is not available or is withdrawn, or if the Local Agency
terminates this Agreement 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.
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
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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 Local Agency shall submit a report to the State 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
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.
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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.
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
Page 13 of 24
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
The Local Agency makes the following specific representations and warranties, each of which was
relied on by the State in entering into this Agreement.
A. 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.
B. 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 within 15 days of receiving such request.
C. 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.
15. INSURANCE
The Local Agency and its contractors shall obtain and maintain insurance as specified in this section
at all times during the term of this Agreement: 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.
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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
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 Contractors, Subcontractors, 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. If any aggregate limit is reduced below $1,000,000 because of claims made or
paid, contractors, subcontractors, and consultants shall immediately obtain additional
insurance to restore the full aggregate limit and furnish to the Local Agency a certificate or
other document satisfactory to the Local Agency showing compliance with this provision.
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
coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or
equivalent).
v. Primacy of Coverage
Coverage required of the Consultants 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 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
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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.
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 sub-Agreements 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 sub-Agreements. 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.
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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
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.
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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:
Long Nguyen
Resident Engineer
CDOT Region 4
1420 2nd Street
Greeley,Colorado 80631
(970) 350-2211
B. Local Agency:
Scott Zurn
Project Manager
170 MacGregor Avenue
P.O. Box 1200
Estes Park, Colorado 80517
(970) 577-3582
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,
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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 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 Exhibit I, Exhibit J
and Exhibit K.
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract
Administration Checklist 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 program’s requirements to the State for
review and approval before the execution of this Agreement. If the Local Agency uses any State-
approved DBE program for this Agreement, the Local Agency shall be solely responsible to defend
that DBE program and its use of that program against all legal and other challenges or complaints, at
its sole cost and expense. Such responsibility includes, without limitation, determinations concerning
DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and
good faith efforts. State approval (if provided) of the Local Agency’s DBE program does not waive or
modify the sole responsibility of the Local Agency for use of its program.
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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.
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. Jurisdction 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.
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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. Colorado Special Provisions,
ii. The provisions of the main body of this Agreement,
iii. Exhibit A (Scope of Work),
iv. Exhibit B (Local Agency Resolution),
v. Exhibit C (Funding Provisions),
vi. Exhibit D (Option Letter),
vii. Exhibit E (Local Agency Contract Administration Checklist),
viii. Other exhibits in descending order of their attachment.
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
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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.
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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 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
Page 23 of 24
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
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27. SIGNATURE PAGE
Agreement Routing Number 14 HA4 65245
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
By: _______________________________________
Name of Authorized Individual
Title: ______________________________________
Official Title of Authorized Individual
__________________________________________
*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 Agreements. This Agreement is not valid until
signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin
performance until such time. 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 3
28. EXHIBIT A – SCOPE OF WORK
Page 2 of 3
Page 3 of 3
Page 1 of 1
29. EXHIBIT B – LOCAL AGENCY RESOLUTION
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Page 1 of 2
30. EXHIBIT C – FUNDING PROVISIONS
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work, which is to be funded as follows:
1 BUDGETED FUNDS
a. Federal Funds $329,000.00
(82.79% of Participating Costs)
b. Local Agency Matching Funds $68,391.00
(17.21% of Participating Costs)
c. State Faster Funds $400,000.00
*The State Faster funds represent 80% of the Faster funds and the Local Agency
shall participate with 20% ($100,000.00); the Local Agency amount will not be
budgeted or encumbered by the State.
TOTAL BUDGETED FUNDS $797,391.00
2 ESTIMATED CDOT-INCURRED COSTS
a. Federal Share $0.00
(0% of Participating Costs)
b. Local Agency
Local Agency Share of Participating Costs $0.00
Non-Participating Costs (Including Non-
Participating Indirects) $0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1a) $329,000.00
b. State Faster Funds (1c) $400,000.00
c. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $729,000.00
FOR CDOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount $797,391.00
Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
Net to be encumbered as follows:
$797,391.00
WBS Element 19013.10.30 Design 3020 $0.00
WBS Element 19013.20.10 Const 3301 $797,931.00
Page 2 of 2
B. Matching Funds
The matching ratio for the federal participating funds for this Work is 82.79% federal-aid funds
(CFDA #20.205) to 17.21% Local Agency funds, it being understood that such ratio applies only
to the $397,390.99 [$329,000.00 federal funds plus $68,390.99 of Local Agency Matching
Funds] that is eligible for federal participation, it being further understood that all costs in excess
of $797,391.00 are borne by the Local Agency at 100%. If the total participating cost of
performance of the Work exceeds $797,391.00, and additional federal funds are made available
for the Work, the Local Agency shall pay 17.21% of all such costs eligible for federal
participation and 100% of all costs in excess of $797,391.00; if additional federal funds are not
made available, the Local Agency shall pay all such excess costs. If the total participating cost
of performance of the Work is less than $747,390.99, then the amounts of Local Agency and
federal-aid funds will be decreased in accordance with the funding ratio described herein.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $679,000.00
(For CDOT accounting purposes, the federal funds of $329,000.00, the Local Agency matching
funds of $68,390.99 and the State FASTER funds of $350,000.00 will be encumbered for a total
encumbrance of $747,390.99), unless such amount is increased by an appropriate written
modification to this Agreement executed before any increased cost is incurred. It is understood
and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best
estimate available, based on the design data as approved at the time of execution of this
Agreement, and that such cost is subject to revisions (in accord with the procedure in the
previous sentence) agreeable to the parties prior to bid and award.
D. Single Audit Act Amendment
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 Amendment
purposes shall comply with the audit requirements of OMB Circular A-133 (Audits of States,
Local Governments and Non-Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The
Single Audit Act Amendment 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.
Page 1 of 2
31. EXHIBIT D – OPTION LETTER
SAMPLE IGA OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: This option is limited to the specific contract scenarios listed below
AND may be used in place of exercising a formal amendment.
Date:
State Fiscal Year:
Option Letter No. Option Letter CMS Routing #
Option Letter SAP #
Original Contract CMS # Original Contract SAP #
Vendor name: _________________________________________________
SUBJECT:
A. Option to unilaterally authorize the Local Agency to begin a phase which may include Design,
Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to
Acquisition/Relocation or Railroads) and to update encumbrance amounts(a new Exhibit C must be
attached with the option letter and shall be labeled C-1, future changes for this option shall be
labeled as follows: C-2, C-3, C-4, etc.).
B. Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be
attached with the option letter and shall be labeled C-1, future changes for this option shall be
labeled as follows: C-2, C-3, C-4, etc.).
C. Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and
shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.).
REQUIRED PROVISIONS. All option letters shall contain the appropriate provisions as follows:
Option A (Insert the following language for use with the Option A):
In accordance with the terms of the original Agreement (insert CMS routing # of the original
Agreement) between the State of Colorado, Department of Transportation and (insert the Local
Agency’s name here), the State hereby exercises the option to authorize the Local Agency to begin a
phase that will include (describe which phase will be added and include all that apply – Design,
Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously
budgeted funds for the phase based upon changes in funding availability and authorization. The
encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous)is
(insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit
C. (The following is a NOTE only, please delete when using this option. Future changes for this option
for Exhibit C shall be labled as follows: C-2, C-3, C-4, etc.).
Option B (Insert the following language for use with Option B):
In accordance with the terms of the original Agreement (insert CMS # of the original Agreement)
between the State of Colorado, Department of Transportation and (insert the Local Agency’s name
here), the State hereby exercises the option to transfer funds from (describe phase from which funds
will be moved) to (describe phase to which funds will be moved) based on variance in actual phase
costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and
replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future
changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.; and no more than
24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be
Page 2 of 2
made using an formal amendment)..
Option C (Insert the following language for use with Option C):
In accordance with the terms of the original Agreement (insert CMS routing # of original Agreement)
between the State of Colorado, Department of Transportation and (insert the Local Agency’s name
here), the State hereby exercises the option to 1) release the Local Agency to begin a phase that will
include (describe which phase will be added and include all that apply – Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase
based upon changes in funding availability and authorization; and 3) to transfer funds from (describe
phase from which funds will be moved) to (describe phase to which funds will be moved) based on
variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the
original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when
using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-
4, etc.; and no more than 24.99% of any phase may be moved using this option letter. A transfer
greater than 24.99% must be made using an formal amendment).
(The following language must be included on ALL options):
The total encumberance as a result of this option and all previous options and/or amendments is now
(insert total encumberance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The
total budgeted funds to satisfy services/goods ordered under the Agreement remains the same:
(indicate total budgeted funds) as referenced in Exhibit (C-1, C-2, etc., as appropriate) of the original
Agreement.
The effective date of this option letter is upon approval of the State Controller or delegate.
APPROVALS:
State of Colorado:
John W. Hickenlooper, Governor
By: _____________________________________________ Date: __________________
Executive Director, 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 Agreement is not valid
until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. 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: __________________________________
Date: ________________________________
Form Updated: December 19, 2012
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32. EXHIBIT E – LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
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Page 3 of 4
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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 prospective participant also agree by submitting his or her bid or proposal that he or she 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
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34. EXHIBIT G – DISADVANTAGED BUSINESS ENTERPRISE
SECTION 1. Policy.
It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business
enterprises shall have the maximum opportunity to participate in the performance of contracts financed
in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 26.
Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE
Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement.
SECTION 2. DBE Obligation.
The recipient or its the Local Agency agrees to ensure that disadvantaged business enterprises as
determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the
maximum opportunity to participate in the performance of contracts and subcontracts financed in whole
or in part with Federal funds provided under this agreement. In this regard, all participants or
contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program
(or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged
business enterprises have the maximum opportunity to compete for and perform contracts. Recipients
and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of CDOT assisted contracts.
SECTION 3 DBE Program.
The Local Agency (sub-recipient) shall be responsible for obtaining the Disadvantaged Business
Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall
comply with the applicable provisions of the program. (If applicable).
A copy of the DBE Program is available from and will be mailed to the Local Agency upon request:
Business Programs Office
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 287
Denver, Colorado 80222-3400
Phone: (303) 757-9234
revised 1/22/98 Required by 49 CFR Part 26
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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, and the goal of 10% for Disadvantaged
Business Enterprise (DBE) participation as a minimum 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.
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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.
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36. EXHIBIT I – FEDERAL-AID CONTRACT PROVISIONS
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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/Contractor shall follow applicable procurement procedures, as required by
section 18.36(d); the Local Agency/Contractor 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/Contractor shall comply with section 18.37 concerning any
sub-Agreements; to expedite any CDOT approval, the Local Agency/Contractor's attorney, or
other authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section 18.30 change order procedures, and with 18.36(d)
procurement procedures, and with 18.37 sub-Agreement procedures, as applicable;
the Local Agency/Contractor 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 contractors 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 sub-Agreements 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
Agencys and the Local Agencys when required by Federal Agreement program legislation. This
act requires that all laborers and mechanics employed by contractors or sub-contractors 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’s 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, subcontracts, and
sub-Agreements 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).
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H. OMB Circulars
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 C.F.R. 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 contractor
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. 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.
S. 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 Contractor, for itself, its assignees and successors in interest,
agree as follows:
i. Compliance with Regulations
The Contractor 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.
ii. Nondiscrimination
The Contractor, 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
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handicap or national origin in the selection and retention of Subcontractors, including
procurement of materials and leases of equipment. The Contractor 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 Contractor for
work to be performed under a subcontract, including procurement of materials or equipment,
each potential Subcontractor or supplier shall be notified by the Contractor of the
Contractor'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 Contractor 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 Contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the Contractor 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 Contractor'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 Contractor
under the contract until the Contractor complies, and/or b. Cancellation, termination or
suspension of the contract, in whole or in part.
T. Incorporation of Provisions §22
The Contractor 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 Contractor 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 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 State to enter into such
litigation to protect the interest of the State and in addition, the Contractor may request the
FHWA to enter into such litigation to protect the interests of the United States.
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37. EXHIBIT K – SUPPLEMENTAL FEDERAL PROVISIONS
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded,
in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these
Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into
and made a part of the contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or
administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as
amended (15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by
non-Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award
is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of
the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.2. “Contract” means the contract to which these Supplemental Provisions are attached and includes all
Award types in §1.1.1 through 1.1.11 above.
1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal
financial assistance, other than the Prime Recipient, and includes grantees, subgrantees,
Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not
include Vendors.
1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established
and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s
website may be found at: http://fedgov.dnb.com/webform.
1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
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1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal
entity.
1.6. “Executive” means an officer, managing partner or any other employee in a management position.
1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal
agency to a Prime Recipient.
1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-
282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the
“Transparency Act.”
1.9. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an
Award.
1.10. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds awards
all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient’s support in the
performance of all or any portion of the substantive project or program for which the Award was
granted.
1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a
non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of
the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including program compliance
requirements. The term “Subrecipient” includes and may be referred to as Subgrantee.
1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data
Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award
Management (SAM) profile, if applicable.
1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded Contracts,
Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of
2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institution of higher education.
1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must
enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the
Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2005) (FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of
Executives and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the employee,
perquisites or property) for the Executive exceeds $10,000.
1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred
to as FFATA.
1.17 “Vendor” means a dealer, distributor, merchant or other seller providing property or services required
for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and
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is not subject to the terms and conditions of the Federal award. Program compliance requirements do
not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions, without the necessity of either party executing any further instrument. The State of Colorado
may provide written notification to Contractor of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later.
Contractor shall review and update SAM information at least annually after the initial registration, and
more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and
more frequently if required by changes in Contractor’s information.
4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7
below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment
shall be made to Contractor for providing any reports required under these Supplemental Provisions and the
cost of producing such reports shall be included in the Contract price. The reporting requirements in §7
below are based on guidance from the US Office of Management and Budget (OMB), and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated into this
Contract and shall become part of Contractor’s obligations under this Contract, as provided in §2 above.
The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements
at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions
apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of
October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent
Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding
is subsequently de-obligated such that the total award amount falls below $25,000, the Award shall continue
to be subject to the reporting requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth
below.
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7.1 ToSAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each
Federal Award Identification Number no later than the end of the month following the month in which
the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
7.1.5 Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are
met; and
7.1.6 Subrecipient’s Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the
Contract, the following data elements:
7.2.1 Subrecipient’s DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in his or
her name.
8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is
exempt from the requirements to report Subawards and the Total Compensation of its most highly
compensated Executives.
8.3 Effective October 1, 2010, “Award” currently means a grant, cooperative agreement, or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates “Award” may
include other items to be specified by OMB in policy memoranda available at the OMB Web site;
Award also will include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default
under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30 day notice period. This
remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law
or in equity.
RESOLUTION # 13-14
WHEREAS, the Town of Estes Park has been awarded two grant programs by the State
of Colorado for partial funding of the construction of the Estes Park Transit Facility Parking
Structure (the “Project”); and
WHEREAS, the two grant programs are the Congestion Mitigation Air Quality (CMAQ) in
the amount of $329,000 and the Funding Advancement for Surface Transportation and
Economic Recovery (FASTER) in the amount of $400,000; and
WHEREAS, the CMAQ grant requires a 17.21% matching share of the Town, and the
FASTER grant requires a 20% match from the Town; and
WHEREAS, the Town of Estes Park and the State of Colorado through the Colorado
Department of Transportation have negotiated an Intergovernmental Agreement (the “IGA”) for
the purpose of use by the Town of the grant funds from the State, which along with Town funds
and other federal grant funds, will be used for the design and construction of the Project; and
WHEREAS, receipt of funds from the State of Colorado requires the Town to approve
and execute the IGA and authorize the expenditure of the Town’s matching share of the two
State grants for the Project; and
WHEREAS, sufficient funds have been previously appropriated by the Town in the 2014
Town Budget for the Town’s matching share of the two State grants for the Project.
NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE
WHICH ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE
BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS
FOLLOWS:
1. The Intergovernmental Agreement (“IGA”) attached hereto as Exhibit A and incorporated
herein by reference which provides for the funding by the State of Colorado of the
Congestion Mitigation Air Quality (CMAQ) funds and the Funding Advancement for
Surface Transportation and Economic Recovery (FASTER) funds for the use and benefit
of the Town of Estes Park for the Estes Park Transit Facility Parking Structure (the
“Project”) is approved.
2. The Mayor and Town Clerk are hereby authorized to execute the IGA.
3. The funds appropriated in the 2014 Town Budget for the matching share of the cost of
the Project are hereby authorized to be expended pursuant to the terms and conditions
of the IGA.
Dated this___________________________, 2014.
______________________________
Mayor
ATTEST:
________________________________________
Town Clerk
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Special Projects Manager
Date: May 27th, 2014
RE: Agreement for consultant services for flood repair projects to RG
and Associates LLC
Objective;
For Town Board consideration, a consulting agreement to design and perform project
oversight of 28 flood damaged sites throughout the Town of Estes Park.
Present Situation:
The Town has incurred damages from the flood that occurred in September of last year.
A restoration effort for the Fish Creek area is underway as part of the four entity IGA
lead by Larimer County. During the event additional losses occurred beyond the Larimer
County lead project and these sites are scattered throughout the Town. Public Works
secured funding shortly after the event through negotiations with FEMA and FHWA to
fund an additional 28 sites of infrastructure damages
.
The Public Works Dept. has solicited requests for qualifications for consulting services
to design and oversee the construction of these sites in full compliance with regulations
to assure reimbursement from FEMA and FHWA. Public Works has determined that RG
and Associates LLC, was the most qualified firm responding. Public Works then
negotiated fee rates and estimated hours required to complete restoration work in
accordance with the numerous regulations from both FEMA and FHWA. These rates
and estimated hours to complete the work and agreement are attached for reference.
Negotiations and procurement in this fashion is in accordance with Federal regulation.
Budget:
1. FEMA/FHWA funds $424,023.00
2. STATE OEM funds $ 70,671.00
3. Town of Estes Park ( required matching funds) $ 70,671.00
TOTAL $ 565,365.00
Level of Public Interest
This has a high level of public interest.
Sample Motion:
I move for the approval/denial of entering into a consulting agreement with RG and
Associates LLC to design and provide construction oversight of flood related restoration
damages throughout the Town of Estes Park for a not to exceed cost of $565,365.00.
Town of Estes Park
Public Works Department
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered
into this ______ day of ______ 2014, by and between the Town of Estes Park, County of Larimer,
State of Colorado (the “Town”) and RG and Associates, LLC an independent contractor (“Consultant”).
WHEREAS, the Town requires professional engineering services related to
over 28 various flood damaged sites throughout Estes Park; and
WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and
experience to perform the required engineering services;
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
I. SCOPE OF SERVICES
A. Consultant shall furnish all labor and materials required for the complete and prompt
execution and performance of its duties, obligations, and responsibilities (the “Work”) which are
described or reasonably implied in Exhibit A, RG and Associates LLC and Associates scope of work
letter dated May 14th,2014, and Exhibit B. The scope of work is further described by approved scope of
work documents approved by FEMA and FHWA listed in Exhibit B. The letter from RG and Associates
LLC and associates and Exhibit B are attached hereto and incorporated herein by this reference.
B. No material change to the Scope of Services, including any additional compensation, shall
be effective or paid unless authorized by written amendment executed by the Town. If Consultant
proceeds without such written authorization, then Consultant shall be deemed to have waived any claim
for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit
or implied contract. Except as expressly provided herein, no agent, employee, or representative of the
Town is authorized to modify any term of this Agreement, either directly or implied by a course of action.
II. REPORTS, DATA, AND WORK PRODUCT
A. The Town shall provide Consultant with reports and such other data as may be available
to the Town and reasonably required by Consultant to perform the Scope of Services. All documents
provided by the Town to Consultant shall be returned to the Town. Consultant is authorized by the Town
to retain copies of such data and materials at Consultant's expense.
B. Other than sharing information with designated third parties as previously directed by the
Town, no project information shall be disclosed by Consultant to third parties without prior written
consent of the Town or pursuant to a lawful court order directing such disclosure.
C. The Town acknowledges that the documents created by Consultant for the Project,
including but not limited to drawings, designs, specifications, reports, and incidental work or materials
(the “Work Product”), are instruments of professional service. Nevertheless, copies of the Work Product
shall be provided to the Town and other contractors and subcontractors shall be authorized to use and
reproduce applicable portions of the Work Product that are appropriate to use in the execution of their work
related to the Project. The Work Product shall become the property of the Town upon completion of the
Work. Consultant, however, shall retain its rights in its standard drawing details, designs, specifications,
databases, as-builts, computer software and any other proprietary property and all rights to any intellectual
property developed, utilized, or modified in the performance of the Work.
D. Consultant shall provide to the Town electronic versions of the Work Product in the format
directed by the Town’s RFP. (ie: MS Office, AutoCAD, .pdf, .jpg, etc.)
III. COMPENSATION AND FINAL SETTLEMENT
A. In consideration for the completion of the Work by Consultant, the Town shall pay
Consultant and sub consultants an amount equal to the hourly rates and direct costs on Exhibit E.
Payment shall be based on hours expended on the approved scope of work and the consultant’s direct
costs as it relates to the execution of the work. This total fee is agreed not to exceed $565,365.00 for the
execution of the scope of work. The consultant shall perform the work in accordance with the schedule
Exhibit C unless otherwise approved by the Town. With pre-approval, the Town agrees to pay
reimbursable expenses for items not included in the original scope.
B. If, on the basis of the Town’s observation of the Work and the Town's review of the final
invoice and accompanying documentation as required by this Agreement, the Town is satisfied that the
Work has been completed and Consultant’s other obligations under this Agreement have been fulfilled,
the Town will, within forty-five (45) calendar days after receipt of the final invoice pay the amount due.
Otherwise, the Town will return the invoice to Consultant, indicating in writing the reasons for refusing to
schedule final settlement, in which case Consultant shall make the necessary corrections and resubmit
the invoice.
IV. COMMENCEMENT AND COMPLETION OF WORK
Within seven days of receipt of a Notice to Proceed (May 28th, 2014), Consultant shall
commence work as set forth in the Scope of Services or that portion of such work as is specified in said
Notice. Except as may be changed in writing by the Town, the Scope of Services shall be complete and
Consultant shall furnish the Town the specified deliverables in accordance with the schedule Exhibit
C, provided that timely access to necessary design information is provided and that Consultant is not
delayed by unforeseen circumstances outside of Consultant’s control. Any such action or circumstance
that creates a delay for the Consultant must be brought immediately to the attention of the Town’s
Project Manager.
V. PROFESSIONAL RESPONSIBILITY
A. Consultant hereby warrants that it is qualified to perform the Work, holds all professional
licenses required by law to perform the Work, and has all requisite corporate authority to enter into this
Agreement.
B. The Work shall be performed by Consultant in accordance with generally accepted
professional practices and the level of competency presently maintained by other practicing professional
firms performing the same or similar type of work in the Denver metro area. The Work shall be done in
compliance with applicable federal FEMA, state FHWA and CDOT local agency regulations, and local
laws, ordinances, rules and regulations. All work shall be performed in the best interest of the Town to
assure full reimbursement from Federal and State agencies for these various flood related (“the work”)
restoration improvements.
C. Consultant shall be responsible for the professional quality, technical accuracy, timely
completion, and the coordination of all designs, drawings, specifications, reports, and other services
furnished by Consultant under this Agreement. Consultant shall, without additional compensation,
correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other
services, which fall below the standard of professional practice, and reimburse the Town for construction
costs caused by errors and omissions which fall below the standard of professional practice.
D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or
materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical
adequacy of the work. Neither the Town's review, approval, or acceptance of, nor payment for, any of
the Work shall be construed to operate as a waiver of any rights under this Agreement or of any cause of
action arising out of the performance of this Agreement.
E. Consultant hereby agrees that Consultant, including but not limited to, any employee,
principal, shareholder, or affiliate of Consultant shall not have a financial relationship with or an
ownership interest in any person and/or entity which entity and/or person shall be the recipient of any
contract or work for the project designed by Consultant pursuant to the terms and conditions of this
Agreement. Consultant understands and agrees that the purpose of this provision is to prevent any
information created as a result of Consultant’s services herein being used by any person and/or entity in
the preparation of any bid or performance of any work for the project. Consultant also understands and
agrees that part of the services to be provided pursuant to the terms of this Agreement are construction
management services which require independent judgment of Consultant in the representation of the
Town with regard to construction of the project. Consultant understands and agrees that the Town is
relying upon the independent judgment of Consultant with regard to the services provided herein.
F. Upon execution of this Agreement, Consultant shall furnish to the Town a list of proposed
subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town
reasonably objects. All contracts between Consultant and subcontractors shall conform to this
Agreement, and also including, but not limited to, the approved Consultants Scope of Work form.
VI. INSURANCE
A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by
Consultant pursuant to this Agreement. Such insurance shall be in addition to any other insurance
requirements imposed by law.
B. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to
procure and maintain, the minimum insurance coverages listed below. Such coverages shall be
procured and maintained with forms and insurers acceptable to the Town. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
1. Worker's compensation insurance to cover obligations imposed by applicable law
for any employee engaged in the performance of work under this Agreement, and Employer's
Liability insurance with minimum limits of five hundred thousand dollars ($500,000) each
accident, five hundred thousand dollars ($500,000) disease – policy limit, and five hundred
thousand dollars ($500,000) disease – each employee. Evidence of qualified self-insured status
may be substituted for the worker's compensation requirements of this paragraph.
2. Commercial general liability insurance with minimum combined single limits of one
million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general
aggregate. The policy shall be applicable to all premises and operations. The policy shall include
coverage for bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall contain a
severability of interest provision, and shall be endorsed to include the Town and the Town's
officers, and employees as additionally insured. No additional insured endorsement shall contain
any exclusion for bodily injury or property damage arising from completed operations.
3. Professional liability insurance with minimum limits of one million dollars
($1,000,000) each claim and one million dollars ($1,000,000) general aggregate.
C. Any insurance carried by the Town, its officers, its employees, shall be excess and not
contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any
deductible losses under any policy.
D. Consultant shall provide to the Town a certificate of insurance, completed by Consultant's
insurance agent, as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the
coverages afforded under the policies shall not be cancelled, terminated, or materially changed until at
least thirty (30) days prior written notice has been given to the Town. The Town reserves the right to
request and receive a certified copy of any policy and any endorsement thereto.
E. Failure on the part of Consultant to procure or maintain the insurance required herein shall
constitute a material breach of this Agreement upon which the Town may immediately terminate this
Agreement, or at its discretion, the Town may procure or renew any such policy or any extended
reporting period thereto and may pay any and all premiums in connection therewith, and all monies so
paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may offset the
cost of the premiums against any monies due to Consultant from the Town.
VII. INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers,
representatives, agents, employees and assigns from and against all claims, liability, damages, losses,
expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without
limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, which arise out of the negligent act, omission, error, professional error, mistake, negligence, or
other negligent fault of Consultant, any subcontractor of Consultant, or any officer, employee,
representative, or agent of Consultant or of any subcontractor of Consultant, or which arise out of any
workmen's compensation claim of any employee of Consultant or of any employee of any subcontractor
of Consultant. In any and all claims against Town or any of its officers, insurers, volunteers,
representatives, agents, employees or assigns, by any employee of Consultant, any subcontractor of
Consultant, anyone directly or indirectly employed by any of them or anyone for whose act any of them may
be liable, the indemnification obligation under this Section VII shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by or for Consultant or any
subcontractor under worker’s compensation actions, disability benefit acts or other employee benefit acts.
In the event it becomes necessary for the Town to bring any action to enforce any provision of this
Agreement or to recover any damages the Town may incur as a result of the breach of this Agreement,
including, but not limited to, defective work, and the Town prevails in such litigation, Consultant shall pay the
Town its reasonable attorneys’ fees as determined by the court.
VIII. TERMINATION
This Agreement shall terminate at such time as the Work is completed and the requirements of
this Agreement are satisfied, or upon the Town's providing Consultant with seven (7) days advance
written notice, whichever occurs first. If the Agreement is terminated by the Town's issuance of written
notice of intent to terminate, the Town shall pay Consultant the reasonable value of all work previously
authorized and completed prior to the date of termination. If, however, Consultant has substantially or
materially breached this Agreement, the Town shall have any remedy or right of set-off available at law
and equity. If the Agreement is terminated for any reason other than cause prior to completion of the
Work, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise
consented to by Consultant.
Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution,
Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town’s obligations
under this Agreement are subject to annual appropriation by the Town Board of the Town. Any failure of
the Town Board annually to appropriate adequate monies to finance the Town’s obligations under this
Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be
depleted. Notice shall be given promptly to Consultant of any failure to appropriate such adequate
monies.
IX. CONFLICT OF INTEREST
The Consultant shall disclose any personal or private interest related to property or business
within the Town. Upon disclosure of any such interest, the Town shall determine if the interest
constitutes a conflict of interest, including Section V-E. If the Town determines that a conflict of interest
exists, the Town may treat such conflict of interest as a default and terminate this Agreement.
X. INDEPENDENT CONTRACTOR
Consultant is an independent contractor. Notwithstanding any other provision of this Agreement, all
personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and
remain at all times, employees or agents of Consultant for all purposes. Consultant shall make no
representation that it is a Town employee for any purposes.
XI. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in Larimer County,
Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches
of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this
Agreement.
C. Integration. This Agreement and any attached exhibits constitute the entire Agreement
between Consultant and the Town, superseding all prior oral or written communications.
D. Third Parties. There are no intended third-party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows:
The Town: Town of Estes Park, Public Works Department
Scott A Zurn, P.E., Special Projects Manager
PO Box 1200
Estes Park, CO 80517
970-577-3582
Consultant: RG and Associates, LLC
Jim Landry P.E.
4885 Ward Rd, Suite 100
Wheat Ridge,CO 80030
303-293-8107
F. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain
in full force and effect.
G. Modification. This Agreement may only be modified upon written agreement of the
parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties
hereto, shall be assigned by either party without the written consent of the other.
I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do
not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one
hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per
occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its
officers or employees.
J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in
addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no
way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted,
for work negligently or defectively performed.
K. Binding Effect. The Town and Consultant each bind itself, its successors and assigns to
the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither
the Town nor Consultant shall assign or transfer its interest in this Agreement without the written consent
of the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set
forth above.
OWNER: CONSULTANT:
TOWN OF ESTES PARK, COLORADO RG and Associates LLC
By: ______________________________ By: _________________________
Mayor
Title: Principal
Address: _____________________
____________________________
ATTEST: ATTEST:
By: ______________________________ By: _________________________
Town Clerk
(SEAL) (SEAL)
Other Partners:
_________________________________ ____________________________
May 14, 2014
Scott Zurn, Project Manager
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
RE: Scope of Work – 2013 Flood Damage Repair – Exhibit A
Dear Mr. Zurn:
RG and Associates, LLC (RGA) is pleased to submit this Scope of Work, detailing our proposed
engineering consulting services for repairs of flood damaged Project Sites in the Town of Estes Park.
The following list of professional services was taken from RGA’s design and construction schedule as
outlined in the RFQ. All professional services are included in the attached Fee (Exhibit B):
1. RGA will sub-contract professional surveying, geotechnical and environmental services
(included in our Fee). RGA will sub-contract Independent Assurance Testing (Not included in
our Fee).
2. Project administration and coordination with our sub-consultants, Town of Estes Park,
CDOT/FHWA representatives, FEMA representatives, impacted utility and property owners.
3. Preliminary and final engineering design for all Project Sites listed in Exhibit B.
4. One design review meeting per week with the Town (4 total).
5. Utility and ROW clearance letters and agreements. Acquiring additional ROW in not included.
6. FEMA Worksheets and CDOT Forms.
7. Bid Documents (Plans and Specifications); assist the Town with Bid advertisement; requests
for information, bid evaluation, tabulation and recommendation of Award.
8. Presentation of Plans in meetings/hearings with Public Safety / Utilities / Public Works
Committee (PUP) and Town Board (2 total).
9. Pre-Construction meeting (1 total).
10. Submittal and shop drawing review.
11. Full-time construction observation and management (10-week construction period).
12. Construction administration, change order request, pay applications, weekly site meetings
with minutes and punchlists.
13. CDOT/FHWA and FEMA Project Site documentation and closeout.
14. Stamped and signed as-built surveys and certification letters of all Project Sites listed in
Exhibit B.
We understand there are some unknowns at this time and have prepared and attached a Fee
Understanding Memo to clarify some of these items.
TOWN OF ESTES PARK - 2013 FLOOD DAMAGE REPAIR PROJECTEXHIBIT B - FEE Site No. Project No.Work DescriptionSurvey Cost*Geotech CostEnviron CostIAT Cost RGA Cost Total CostTEP14 ESTPK05-Site01 Brook Drive Crossing - embankment, rebuild and pave$2,160 $2,400 $875 $22,430 $27,865TEP15ESTPK05-Site02Brook Court - rebuild and pave$2,160$900$525$17,580$21,165TEP16ESTPK05-Site03Brook Drive Patch - pave$1,350$750$525$9,580$12,205TEP01ESTPK06-Site01Fall River Court Bridge - clean, embankment, pave and guardrail$1,620$2,400$525$19,635$24,180TEP02ESTPK06-Site02Fall River Drive (uphill) - ditch clean and regrade$2,160$900$525$12,575$16,160TEP03ESTPK06-Site03Fall River Drive (downhill) - clean, embankment, rebuild and pave$2,160$1,650$525$12,430$16,765TEP04ESTPK06-Site04Fall River Drive - tree remove, rip-rap, embankment, rebuild and pave$1,890$1,800$875$12,425$16,990TEP05ESTPK06-Site05Pedestrian Trail off Fall River Rd - embankment, boulders, concrete walk$1,080$750$875$7,740$10,445TEP06ESTPK06-Site06Pedestrian Bridge off West Elkhorn Ave - struc fill, concrete wall and walk and rail$1,080$1,800$875$19,425$23,180TEP08ESTPK06-Site07Spruce Drive Bridge - struc fill, boulders, concrete walk, curb and gutter and pave$2,160$1,800$525$20,755$25,240TEP11ESTPK06-Site08Cherokee Road - rebuild and pave$1,080$1,950$875$9,890$13,795TEP21ESTPK06-Site09Park Theater Retaining Wall - dewater and flow fill $2,160$1,875$875$9,890$14,800TEP20ESTPK06-Site11Heinze Parkway - demo, rebuild and pave$1,080$1,425$525$9,890$12,920TEP23ESTPK06-Site12Grey Fox Drive (south) - rebuild and pave$1,080$1,350$525$9,890$12,845TEP13ESTPK06-Site13Grey Fox Drive (East) - rebuild and pave$1,080$1,350$525$9,890$12,845TEP18ESTPK06-Site14Lexington Lane - demo, rebuild and pave$1,080$1,350$525$9,890$12,845TEP17ESTPK06-Site15Grand Estates - demo, rebuild and pave$1,080$1,050$525$9,890$12,545TEP24-EESTPK07-Site01Carriage Hill #2 Detention (East) - embankment and rip-rap$2,430$2,100$875$27,580$32,985TEP24-WESTPK07-Site02Carriage Hill #1 Detention (West) - beaver dam removal and embankment$1,890$750$875$12,130$15,645TEP29ESTPK15-Site01Old Ranger Drive - rebuild, curb, pave and culvert clean$2,700$3,300$525$24,470$30,995TEP30ESTPK15-Site02Steele Court Rip-Rap - grade ditch, rip-rap and rebuild gravel road$1,890$975$525$14,005$17,395TEP32ESTPK15-Site03Aspen Avenue Spring - demo, rebuild and pave$1,890$2,100$525$9,820$14,335TEP33ESTPK15-Site04Moraine Avenue Drainage Ditch - grade ditch and rip-rap$1,890$975$1,050$14,745$18,660TEP34ESTPK15-Site05Peacock Park Retaining Wall - dewater, demo, struc fill, rip-rap, concrete walk$1,890$2,550$1,050$27,060$32,550TEP09ESTPK16-Site01Riverside Park - flowfill, embankment and rip-rap$1,620$2,100$1,050$20,100$24,870TEP10ESTPK16-Site02Coffee Park - embankment, irrigation, grass, and concrete curb and gutter$1,620$900$1,050$16,950$20,520TEP26ESTPK16-Site03Walking Trail-Knoll Willows Open Space - rebuild gravel trail$1,620$1,350$525$11,280$14,775TEP??M 405-018 PRCommunity Drive - rebuild and pave$5,400$3,900$525$46,020$55,845PROJECT TOTALS = $51,300$46,500$19,600$0$447,965$565,365Notes:#1All above costs are based on the Exhibit C schedule provided and a 28 week project duration#2* includes up to 9 construction easements and 1 ROW takeR:\0000\8030\Proposals\Estes Park\2013 Flood Repair Damage RFQ\Price Proposal\2013 Flood Damage Repair
IDTask NameDurationStartFinishPredecessors1Consultant Notice to Proceed0 daysWed 5/28/14Wed 5/28/142SURVEY AND GEOTECH31 daysWed 5/28/14Wed 7/9/143DESIGN SURVEY31 daysWed 5/28/14Wed 7/9/144General Coordination and Meetings31 daysWed 5/28/14Wed 7/9/1415Design Survey6 daysFri 5/30/14Fri 6/6/141FS+2 days6Project Administration31 daysWed 5/28/14Wed 7/9/1417GEOTECHNICAL EVALUATIONS31 daysWed 5/28/14Wed 7/9/148General Coordination and Meetings31 daysWed 5/28/14Wed 7/9/1419Geotechnical Investiagations & Report14 daysFri 5/30/14Wed 6/18/141FS+2 days10Project Administration31 daysWed 5/28/14Wed 7/9/14111DESIGN39 daysWed 5/28/14Mon 7/21/1412Meeting with Town Staff and Site Visit1 dayWed 5/28/14Wed 5/28/14113Initial Contact/Meeting with Utility Companies3 daysThu 5/29/14Mon 6/2/141214Engineering Design Meetings with Town Staff & RelatedAgencies1 dayMon 6/9/14Mon 6/9/14515Engineering Design Meetings with Town Staff & RelatedAgencies1 dayMon 6/16/14Mon 6/16/1414FS+4 days16Engineering Design Meetings with Town Staff & RelatedAgencies1 dayMon 6/23/14Mon 6/23/1415FS+4 days17Engineering Design Meetings with Town Staff & RelatedAgencies1 dayMon 6/30/14Mon 6/30/1416FS+4 days18Engineering Rough Draft Design Completed1 dayFri 6/27/14Fri 6/27/1416FS+3 days19Coordination with Town/Related Agencies to Address FinalComments15 daysMon 6/30/14Fri 7/18/141820Coordination with Utility Companies to Obtain UtilityClearances15 daysMon 6/30/14Fri 7/18/141821Final Draft and Specifications Completed5 daysMon 6/30/14Fri 7/4/141822Final Bid Packages Prepared - PW Approval1 dayMon 7/21/14Mon 7/21/142023Project Binder/CDOT Forms/Coordination38 daysWed 5/28/14Fri 7/18/14124BIDDING SERVICES42 daysMon 7/7/14Tue 9/2/1425Assist with Advertisment for Bids6 daysMon 7/7/14Mon 7/14/142126Reproduce Contract and Bid Documents2 daysTue 7/15/14Wed 7/16/142527Bids (2 weeks) (Plans & Specs Available)11 daysThu 7/17/14Thu 7/31/142628Pre-Bid Meeting/Meeting Minutes1 dayThu 7/24/14Thu 7/24/1426FS+5 days29Field Contractor Calls8 daysFri 7/25/14Tue 8/5/142830Prepare Addendum2 daysFri 7/25/14Mon 7/28/142831Bid Opening at 3:00 PM1 dayWed 8/6/14Wed 8/6/142932Evaluate Bids/Reference Calls/Bid Tabulation5 daysThu 8/7/14Wed 8/13/143133Recommend Project Award1 dayThu 8/14/14Thu 8/14/143234PUP Meeting1 dayThu 8/14/14Thu 8/14/1435Town of EP Board Meeting1 dayTue 8/26/14Tue 8/26/1436Project Binder/CDOT Forms/Coordination31 daysTue 7/22/14Tue 9/2/142237CONSTRUCTION SERVICES56 daysWed 8/27/14Wed 11/12/1438Notice of Award1 dayWed 8/27/14Wed 8/27/143539Pre-Construction Coordination and Meeting4 daysThu 8/28/14Tue 9/2/143840Project Administration/Review Submittals4 daysThu 8/28/14Tue 9/2/143841Construction Notice to Proceed1 dayWed 9/3/14Wed 9/3/144042On-Site Construction Observation & Documentation44 daysThu 9/4/14Tue 11/4/144143Weekly Site Progress Meetings - notes and minutes1 dayThu 9/11/14Thu 9/11/1441FS+5 days44Weekly Site Progress Meetings - notes and minutes1 dayThu 9/18/14Thu 9/18/1443FS+4 days45Weekly Site Progress Meetings - notes and minutes1 dayThu 9/25/14Thu 9/25/1444FS+4 days46Weekly Site Progress Meetings - notes and minutes1 dayThu 10/2/14Thu 10/2/1445FS+4 days47Coordinate/Review Pay Application #14 daysWed 10/1/14Mon 10/6/1446FS-2 days48Weekly Site Progress Meetings - notes and minutes1 dayThu 10/9/14Thu 10/9/1446FS+4 days49Weekly Site Progress Meetings - notes and minutes1 dayThu 10/16/14Thu 10/16/1448FS+4 days50Weekly Site Progress Meetings - notes and minutes1 dayThu 10/23/14Thu 10/23/1449FS+4 days51Coordinate/Review Pay Application #25 daysFri 10/24/14Thu 10/30/145052Punchlist/Walkthrough Inspections/Coordination withContractor5 daysFri 10/24/14Thu 10/30/145053Project Binder/Assemble CDOT Forms/Coordination/CDOTDocuments/Final Pay Application8 daysFri 10/31/14Tue 11/11/145254CDOT Forms/Coordination/Project Documentation/ChangeOrder Administration54 daysThu 8/28/14Tue 11/11/143855Construction Substantial Completion1 dayWed 11/12/14Wed 11/12/145456AS-BUILT DRAWINGS6 daysThu 11/13/14Thu 11/20/1457Prepare As-builts from Field Notes and Closeout6 daysThu 11/13/14Thu 11/20/14555/285/115/185/256/16/86/156/226/297/67/137/207/278/38/108/178/248/319/79/149/219/2810/510/1210/1910/2611/211/911/16JuneJulyAugustSeptemberOctoberNovemberTaskSplitProgressMilestoneSummaryProject SummaryExternal TasksExternal MilestoneDeadlineEstes ParkFlood Damage RepairSchedulePage 1Project: Estes-Park-Flood-Damage-ReDate: Tue 5/13/14
FEE UNDERSTANDING MEMO
Project Title: 2013 Flood Damage Repair
Owner: Town of Estes Park (EP)
RGA Job No.: 0951.0010
Date: May 14, 2014
The following is a list of RGA project scope questions and answers received from the Town of Estes Park
and CDOT Local Agency Representatives. This information was used to establish scope, tasks and
associated hours.
I. Design and Construction Schedules:
1. Construction Substantial Completion date? For FHWA projects, CDOT has indicated a 2-
week review period for a combined FIR/FOR. Early December.
2. Fee negotiation finalize date. May 15th, 2014.
3. Kick-off Meeting date & NTP with Pre-Design date? Fee goes to May 27th, 2014 Board meeting.
NTP May 28th, 2014.
II. Previous Studies, Clearances & Forms:
1. Per CDOT Local Agency Manual: Environmental Impacts, pages 1-3 thru 1-5, was a CDOT form
128 completed? No, RGA will complete.
2. Are there any existing FEMA or CDOT clearances? No, Brook Court may have drainage
easement. All ROW to be determined by RGA.
3. Has the Town obtained any other clearances? No, RGA will obtain required clearances.
4. As per CDOT Local Agency Manual, Chapter 9, will a meeting with the CDOT Region Materials
Engineer be required? Will Form 250 be developed by CDOT? Yes, CDOT will complete.
5. CDOT form 1243: Local Agency Contract Administration Checklist? Yes, CDOT has completed.
III. Project Quality Assurance Sampling & Testing:
1. As per CDOT Local Agency Manual, Chapter 9, Section 9.1, who will contract the independent
assurance sampling and testing, laboratory test checks and mix designs? RGA will contract
with this Sub-Consultant. However, this cost was NOT been included in our Fee. We will
sent RFP’s to at least 3 firms upon completion of the agreed upon test frequency schedule.
2. Town reporting requirements? We understand FEMA Project Site reporting will be
administered by the Town.
3. CDOT reporting requirements? CDOT will require submittals per the Local Agency Manual.
IV. Construction Administration & Management:
1. We are assuming full time construction management; this is not clear in the federal
requirements? Our fee proposes 1 full-time construction manager.
2. CDOT reporting requirements? CDOT will require submittals per the Local Agency Manual.
3. Davis-Bacon requirements? We understand David-Bacon will be required on the
CDOT/FHWA Project Site, but not the FEMA Project Sites.
4. MI&E allowances? Our fee includes mileage, meals, lodging and incidental expenses for our
full-time construction manager.
5. Are there any project areas that may not be under construction concurrently? Unknown at
this time.
V. Pre-Design & Permitting:
1. Traffic Control and associated permits needed during Pre-Design Sub-consultant work? RGA
will prepare permit applications as needed and submit to the Town for approval.
2. Floodplain permitting requirements? We understand the Town will administer floodplain
permit applications prepared by RGA.
VI. Schedule and Fee:
1. 05/27/2014 - Board meeting for contract approval
2. 05/28/2014 – Notice to Proceed
3. 11/12/2014 – Substantial completion
4. As per section 7.9 of the RFQ, the fee will be the basis for establishing a not-to-exceed fee.
RGA’s fee is based upon the provided schedule dated “Wed 5/13/14”. RGA has coordinated
with Estes Park about the review times for the FHWA and FEMA projects and the associated
schedule. The schedule allows 28 weeks for design, bidding and construction. The project is to
be designed, constructed and all project administration is to be completed in 2014. In the
event the schedule is extended, additional fees may need to be negotiated.
VII. FHWA funded projects:
1. Formally a FEMA project in the RFQ, now a CDOT/FHWA project M 405-019 PR. We understand
Central Federal Lands (CFL) will be performing the design for this project. This project was
removed from our Scope of Work and from our Fee.
2. As per CDOT, the FIR and FOR will be combined into a single two week period.
3. Plan Set;
a. FHWA project will be contained in one stand-alone set.
i. The following standardized sheets will be applicable for both project sites - cover,
standards plans list, typical section, general notes, stormwater management plan,
survey control plan, details.
ii. The following specific sheets will be provided - summary of approximate
quantities, removal and installation tabulation sheets, traffic control
4. Contract documents;
b. FHWA project will be contained in one stand-alone set.
i. One set of standardized contract documents, including general, special, technical
provision, bonds, NOA, NTP will be provided.
ii. The following specific items will be provided - bid schedule, pay application,
change orders.
VIII. FEMA funded projects:
1. There is no Colorado Emergency Management or FEMA design review for FEMA projects.
2. RGA will assist the Town with quarterly updating of the FEMA worksheets.
3. Plan Set:
a. All FEMA projects will be contained in one set.
i. The following standardized sheets will be applicable for all project sites - cover,
standards plans list, typical section, general notes, stormwater management plan,
survey control plan, and details.
ii. The following specific sheets will be provided for each project site (27 total) -
summary of approximate quantities, removal and installation tabulation sheets,
recommended traffic control
4. Contract documents;
b. All FEMA projects will be contained in one set.
i. One set of standardized contract documents, including general, special, technical
provision, bonds, NOA, NTP will be provided.
ii. The following specific items will be provided for each project site (27 total) - bid
schedule, pay application, change orders.
IX. Miscellaneous/Questions:
1. Can Sub-Consultants start early (before Board NTP)? Yes, but only if broken out in a separate
proposal, not to exceed $5,000 per P.O.
2. Is there a PUP meeting/review as part of PW approval of final bid packages? RGA schedule
includes a PUP meeting.
3. Local Agency Manual requires 3 weeks minimum for bid advertisement period. CDOT has
indicated this may be reduced (2 week bid advertisement period) upon prior approval. CDOT
needs a waiver letter from Estes Park stating the Town’s standard bid advertisement period
is 2 weeks.
4. In the event funds become available for Hazard Mitigation Proposal work, the Fee for this
additional design and construction administration work will be negotiated when requested by
the Town.
X. Items to be provided for board packet:
1. Exhibit A – Scope
2. Exhibit B – Fee
3. Exhibit C – Schedule
4. Exhibit D – Fee Understanding Memo
5. Exhibit E – Hourly Rates and Direct Cost Schedules
6. Exhibit F – Man-Hour Allocation
Exhibit E
Hourly Rates and Direct Cost Schedules
STANDARD RATE SCHEDULE RATE SCHEDULE
JANUARY 2014
RG AND ASSOCIATES, LLC
RATE SCHEDULE FOR PROFESSIONAL ENGINEERING SERVICES
LABOR CLASSIFICATION HOURLY BILLING RATE
Principal $130.00
Senior Project Manager $125.00
Project Manager $115.00
Senior Project Engineer $100.00
Project Engineer $95.00
Senior Design Engineer $90.00
Design Engineer $80.00
Planning Manager $100.00
Planning Project Manager $95.00
Senior CADD Technician $85.00
CADD Technician $75.00
Office Administrator $65.00
Word Processor $55.00
Certified Operator $110.00
Senior Construction Manager $110.00
Construction Manager $100.00
Senior Construction Observer $90.00
Construction Observer $80.00
Office Assistant $45.00
DIRECT EXPENSES
Prints/Copies At Cost
Mileage $0.56/mile
Travel Time At Cost
Sub-Consultants Cost + 10%
Sub-Consultants Cost + 10%
Airfare/Lodging/MI&E At Cost
Hepworth-Pawlak Geotechnical, Inc.
10302 South Progress Way
Parker, Colorado 80134
Phone: 303-841-7119
Fax: 303-841-7556
Email: hpgeo2@hpgeotech.com
2014 Schedule of Fees
Staff Position 2014 Hourly Rate
Craig Sommers Scientist/Economist $175.00
Richard Trenholme Senior Project Manager/Scientist $175.00
Steve Dougherty Senior Ecologist $165.00
Mark DeHaven Senior Natural Resource Specialist $149.00
Mike Galloway Senior Hydrogeologist $143.00
Dave Shaw Engineer $138.00
Mary Powell Senior Natural Resource Specialist $138.00
Barbara Galloway Senior Hydrologist $133.00
Ron Beane Senior Wildlife Biologist $133.00
Aleta Powers Senior Natural Resource Specialist $133.00
Norm Young Engineer $128.00
Jack Denman Environmental Scientist $122.00
Bill Mangle Natural Resource Planner $116.00
Karen Baud Wildlife Biologist $106.00
Leigh Rouse Ecologist $106.00
Nicole Bauman Environmental Specialist $106.00
Sean Larmore Senior Archaeologist $113.00
Steve Butler Natural Resource Specialist $101.00
Brian Olmsted Geologist $101.00
Craig Sovka Geologist $101.00
Andy Cole Natural Resource Planner $98.00
Denise Larson Ecologist $98.00
Garth Smith GIS Specialist $93.00
Steve Mitchell Environmental Scientist $93.00
Courtney Sockwell Geologist $93.00
Kevin Gilmore Senior Archaeologist $98.00
Emily Corsi Environmental Specialist $90.00
Clint Henke Natural Resource Specialist $87.00
David Hesker Graphic Designer $87.00
Wendy Hodges GIS Specialist $87.00
Jenelle Kreutzer Ecologist $87.00
Moneka Worah Natural Resource Specialist $87.00
Kathleen Croll Senior Archaeologist $93.00
Adam Petry Natural Resource Specialist $74.00
Clive Briggs Supervisory Archaeologist $77.00
Jessica Gabriel Historic Archaeologist $62.00
Courtney Marne Biologist $52.00
Ian Crosser Archaeologist $52.00
Jon Hedlund Archaeologist $52.00
Henry Konker Biological Resources Technician $46.00
Kay Wall Technical Editor $72.00
Jenny Engleman Staff Archeologist $46.00
Archaeologist Tech I $41.00
Archaeologist Tech II $36.00
Clerical I $72.00
Clerical II $59.00
Clerical III $49.00
Additional Expenses
Vehicle mileage: IRS rates
Black and white copies:
(8.5" x 11")
$0.15/each
Color copies:
(8.5" x 11")
$0.30/each
Large-format plots
$4/square foot
GPS Rental:
$95/day
Other direct expenses,
including subcontractors:
COST + 3%
TOWN OF ESTES PARK - 2013 FLOOD DAMAGE REPAIR PROJECTEXHIBIT F - MAN-HOUR ALLOCATIONGreen Mountain SurveyingHP Geotech EROSite No. Project No. Work DescriptionPrincipalSenior Project EngineerSenior Construction ManagerProject Design EngineerSenior CADD TechnicianOffice AdministrationWord ProcessorRGA CostSurveyor* GeotechEnvironmental EngineerTotal CostRate Schedule $/HR:$130 $100 $110 $90 $85 $65 $55 $135 $150 $175 TEP14 ESTPK05-Site01 Brook Drive Crossing - embankment, rebuild and pave30.060.024.020.070.016.020.0$22,43016.016.05.0$27,865TEP15ESTPK05-Site02Brook Court - rebuild and pave22.046.024.016.050.014.016.0$17,58016.06.03.0$21,165TEP16 ESTPK05-Site03 Brook Drive Patch - pave12.026.012.016.020.08.08.0$9,58010.05.03.0$12,205TEP01 ESTPK06-Site01 Fall River Court Bridge - clean, embankment, pave and guardrail26.055.030.030.030.017.020.0$19,63512.016.03.0$24,180TEP02 ESTPK06-Site02 Fall River Drive (uphill) - ditch clean and regrade16.024.016.040.016.011.012.0$12,57516.06.03.0$16,160TEP03 ESTPK06-Site03 Fall River Drive (downhill) - clean, embankment, rebuild and pave12.024.020.030.024.010.016.0$12,43016.011.03.0$16,765TEP04 ESTPK06-Site04 Fall River Drive - tree remove, rip-rap, embankment, rebuild and pave14.022.020.030.024.09.016.0$12,42514.012.05.0$16,990TEP05 ESTPK06-Site05 Pedestrian Trail off Fall River Rd - embankment, boulders, concrete walk8.016.012.06.024.010.010.0$7,7408.05.05.0$10,445TEP06 ESTPK06-Site06 Pedestrian Bridge off West Elkhorn Ave - struc fill, concrete wall and walk and rail16.042.030.060.032.013.016.0$19,4258.012.05.0$23,180TEP08 ESTPK06-Site07 Spruce Drive Bridge - struc fill, boulders, concrete walk, curb and gutter and pave26.050.028.060.024.015.016.0$20,75516.012.03.0$25,240TEP11 ESTPK06-Site08 Cherokee Road - rebuild and pave12.026.012.010.030.08.08.0$9,8908.013.05.0$13,795TEP21 ESTPK06-Site09 Park Theater Retaining Wall - dewater and flow fill 12.026.012.010.030.08.08.0$9,89016.012.55.0$14,800TEP20 ESTPK06-Site11 Heinze Parkway - demo, rebuild and pave12.026.012.010.030.08.08.0$9,8908.09.53.0$12,920TEP23 ESTPK06-Site12 Grey Fox Drive (south) - rebuild and pave12.026.012.010.030.08.08.0$9,8908.09.03.0$12,845TEP13 ESTPK06-Site13 Grey Fox Drive (East) - rebuild and pave12.026.012.010.030.08.08.0$9,8908.09.03.0$12,845TEP18 ESTPK06-Site14 Lexington Lane - demo, rebuild and pave12.026.012.010.030.08.08.0$9,8908.09.03.0$12,845TEP17 ESTPK06-Site15 Grand Estates - demo, rebuild and pave12.026.012.010.030.08.08.0$9,8908.07.03.0$12,545TEP24-E ESTPK07-Site01 Carriage Hill #2 Detention (East) - embankment and rip-rap40.070.050.040.040.024.024.0$27,58018.014.05.0$32,985TEP24-W ESTPK07-Site02 Carriage Hill #1 Detention (West) - beaver dam removal and embankment10.016.032.030.020.010.012.0$12,13014.05.05.0$15,645TEP29 ESTPK15-Site01 Old Ranger Drive - rebuild, curb, pave and culvert clean36.070.036.030.040.020.026.0$24,47020.022.03.0$30,995TEP30 ESTPK15-Site02 Steele Court Rip-Rap - grade ditch, rip-rap and rebuild gravel road18.036.024.030.016.010.013.0$14,00514.06.53.0$17,395TEP32 ESTPK15-Site03 Aspen Avenue Spring - demo, rebuild and pave12.026.014.020.016.08.08.0$9,82014.014.03.0$14,335TEP33 ESTPK15-Site04 Moraine Avenue Drainage Ditch - grade ditch and rip-rap20.036.016.040.020.011.014.0$14,74514.06.56.0$18,660TEP34 ESTPK15-Site05 Peacock Park Retaining Wall - dewater, demo, struc fill, rip-rap, concrete walk36.070.036.060.040.020.024.0$27,06014.017.06.0$32,550TEP09 ESTPK16-Site01 Riverside Park - flowfill, embankment and rip-rap26.050.024.050.030.016.018.0$20,10012.014.06.0$24,870TEP10 ESTPK16-Site02 Coffee Park - embankment, irrigation, grass, and concrete curb and gutter16.036.032.050.020.012.014.0$16,95012.06.06.0$20,520TEP26 ESTPK16-Site03 Walking Trail-Knoll Willows Open Space - rebuild gravel trail12.026.016.030.020.08.08.0$11,28012.09.03.0$14,775TEP?? M 405-018 PR Community Drive - rebuild and pave50.0100.070.0100.0100.036.036.0$46,02040.026.03.0$55,845Total Hours: 542.001083.00650.00858.00886.00354.00403.00380.00310.00112.00PROJECT TOTALS = $70,460 $108,300 $71,500 $77,220 $75,310 $23,010 $22,165$447,965$51,300 $46,500 $19,600$565,365Notes:#1All above costs are based on the Exhibit C schedule provided and a 28 week project duration#2* includes up to 9 construction easements and 1 ROW takeRG and AssociatesR:\0000\8030\Proposals\Estes Park\2013 Flood Repair Damage RFQ\Price Proposal\2013 Flood Damage Repair
PUBLIC WORKS Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE Special Projects Manager
Date: May 27, 2014
RE: Event Center & Pavilion Construction Update
Objective:
To update the Town Board and public on the progress of the MPEC and Pavilion project
at the Stanley Fairgrounds.
Present Situation:
The MPEC concrete slabs are in place and have been completed by a local
subcontractor Cornerstone Concrete and turned out very well. Interior finish items for
the main event space are being completed. Items such as painting, drywall, overhead
doors, man doors and glass are work items underway and being completed.
In addition glass and doors are being placed in the main lobby entrance to the MPEC.
Also work in the front office and restroom areas such as mechanical and electrical
systems are being completed as drywall and bathroom painting are also underway.
The emergency diesel generator for the facility is in place and is being connected to the
building for an electric source during power losses.
Again as mentioned before the Public Works Parks Division is designing and installing
the landscaping in-house and is currently grading and placing landscaping around the
Pavilion building.
The delivery date for occupancy of the MPEC main event space is scheduled for early
June. The addition of the second floor in the Silo is expected to add 14 weeks to the
completion of the office areas.
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
FINANCE Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Steve McFarland – Finance Officer
Date: May 27, 2014
RE: Financial Report for 1ST Q 2014
Background:
Attached is the Financial Report for the 1st Q 2014.
With all of the Town’s financially-affected areas from the Flood, Staff decided to modify
the Dashboard Report from 4 areas to 8. In order to keep the presentation to 1 page,
Staff has elevated the “flyover” from the customary “30,000 ft” to more like “60,000 ft”.
General Fund: A general rule of thumb for all Town budgets is that it is desirable
for revenues to exceed “% of year elapsed”, and for expenses to trail “% of year
elapsed” (through April, that number will be 33%). General Fund revenues are
usually at a disadvantage in this regard because sales taxes lag by 45 days.
Expenditures slightly exceed budget through April. This is almost entirely
attributable to Town Hall mitigation and Fall River exigent repair costs, most all of
which are ultimately reimbursable.
Community Reinvestment Fund (CRF): The 2014 CRF Budget was revised in
the May 13, 2014 Board meeting. There are no new updates.
Community Services Fund (CSF): From an operational standpoint, the CSF
Budget is the most dynamic. As most activity occurs during summer, both
revenues and expenditures trail the 33% target. The major variable of course will
be the operational budget for MPEC.
Larimer County Open Space: The Open Space Fund brings in ~ $300,000/year
from a 0.6% sales tax levy. Expenditures are restricted to acquisition and
maintenance of open spaces. As this includes parks and trails, some of which
were flood-affected, Staff believes that this fund will become important in the
recovery efforts in 2014. Most of the expenditures in 2014 are expected to be
used for reconstruction of said open spaces and trails.
Light & Power, Water Funds: Staff has separated the Utility Funds (L&P, Water)
because, while the funds are similar from an accounting standpoint (Enterprise
Funds), Light & Power and Water often perform very differently. Electric and
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FINANCE Memo
Water revenues do not necessarily move in the same direction, and the two
funds have common but also different economic challenges. The Utility Funds
were dramatically affected by the Flood. In response, Staff made every effort to
reduce expenditures in anticipation of the expected revenue loss. At the same
time, Staff tried to address capital projects with in-house staff and available
inventory. Several projects were delayed until such time as the effects of the
flood, both on revenues and infrastructure, were better understood.
Sales Tax: Several slides are included later in this presentation that provide
more detail to this portion of the Dashboard Report.
Investments: A municipality’s investment universe is limited to interest-rate
sensitive instruments, including money markets, CDs, US Treasuries and US
Instrumentalities. The drop in interest rates from 2008 (~4.75%) to today (~
0.25%) has caused over $750,000 in returns to evaporate, subsequently
affecting every Town fund. Recent legislation (HB 12-1005) has allowed
municipalities to again invest in government-backed securities that were
prohibited when the ratings agencies downgraded the US Government in 2010.
The Town took advantage of this, and is now positioned in accordance with
recommendations from our investment advisors. Our investment strategy is to
keep duration (length of investment) on a very short leash – the Town does not
want to be caught disproportionately in long positions should interest rates
increase significantly. Our investment universe is anchored by rates of return of
0.02%-0.12%. Staff is inclined to leave the bulk of the portfolio in cash pending
identification of the timing of the repair work on Fish Creek and Fall River.
Pertinent information included in the sales tax slides include:
CAST information, which is only partially complete, shows another good start to the
year. All reporting towns are ahead of 2013, which itself was a record year.
Lodging continues to lead a strong start to 2014, and is 12% ahead of 2013. The larger
categories (food, retail, construction, utilities) are all 4-7% ahead of last year,
contributing to a broad-based gain for 2014.
Concluding/Other thoughts
Despite the devastation caused by the Flood, Staff is convinced that the Town and
citizens will emerge from the recovery in position to take advantage of future
opportunities presented to our community. Staff will continue to closely monitor and
report the economics of the Flood recovery. As things materialize, Staff will no doubt
have to recommend a 2014 Budget amendment. In the meantime, Staff will diligently
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FINANCE Memo
monitor the financial challenges before us, and will report regularly to the Board and
citizens.
Budget:
N/A
Staff Recommendations:
N/A
Sample Motion:
N/A
UPDATE: Financial and Sales Tax Report(through April 2014)Steve McFarland –Finance Officer
FINANCIAL INDICATORSTOWN OF ESTES PARK – THROUGH APR 30th, 2014GENERAL FUNDLIGHT & POWER FUND2014 2014 % of 2014 2014 % ofYear‐to‐Date Revised Budget Variance Budget Year‐to‐Date Revised Budget Variance Budget% of year elapsed> 33%% of year elapsed> 33%REVENUES* $2,261,912 $12,662,144 ($10,400,232) 17.9% REVENUES $5,205,188 $13,814,524 ($8,609,336) 37.7%EXPENSES 4,520,882 13,265,553 8,744,671 34.1% EXPENSES 3,962,841 16,642,075 12,679,234 23.8%Net increase/decrease ($2,258,970) ($603,409) ($1,655,561) Net increase/decrease $1,242,347 ($2,827,551) $4,069,898 *sales tax included through February 2014COMMUNITY REINVESTMENT FUNDWATER FUND2014 2014 % of 2014 2014 % ofYear‐to‐Date Revised Budget Variance Budget Year‐to‐Date Revised Budget Variance Budget% of year elapsed> 33%% of year elapsed> 33%REVENUES $418,500 $6,567,676 ($6,149,176)6.4% REVENUES $968,394 $3,803,800 ($2,835,406) 25.5%EXPENSES 1,039,708 9,872,014 8,832,306 10.5% EXPENSES 1,117,761 4,922,833 3,805,072 22.7%Net increase/decrease ($621,208) ($3,304,338) $2,683,130 Net increase/decrease ($149,367) ($1,119,033) $969,666 COMMUNITY SERVICES FUNDSALES TAX2014 2014 % of 14‐Jan Feb‐14 Mar‐14 TotalYear‐to‐Date Revised Budget Variance Budget% of year elapsed> 33% 2014 344,478 335,768 413,844 1,094,090 2013 319,168 318,684 397,706 1,035,558 REVENUES $655,089 $2,592,972 ($1,937,883)25.3% 2012298,635 302,990 394,108 995,733 EXPENSES 547,644 2,845,481 2,297,837 19.2%Net increase/decrease $107,445 ($252,509) $359,954 2014 vs 2013 7.9% 5.4% 4.1% 5.7%2014 vs 2012 15.4% 10.8% 5.0% 9.9%LARIMER COUNTY OPEN SPACE FUND INVESTMENTS (Fair value)Jan‐14 Feb‐14 Mar‐14 Apr‐142014 2014 % of Town FundsYear‐to‐Date Revised Budget Variance Budget Money markets/CDs 14,369,311 14,173,222 14,698,169 15,302,676 % of year elapsed> 33% U.S. Treasuries 2,335,985 2,336,367 3,099,446 3,100,789 COPs 3,251,114 3,002,085 2,612,745 2,227,154 REVENUES* $50,839 $290,500 ($239,661) 17.5%U.S. Instrumentalities 6,205,522 5,961,569 4,951,384 4,955,822 EXPENSES 11,015 262,903 251,888 4.2% Total 26,161,931 25,473,244 25,361,745 25,586,442 Net increase/decrease $39,824 $27,597 $12,227 FOSH/Theater Fund 458,716 458,753 458,789 458,826 *revenues included through February 2014annual pooled govt mm rate: 04/30/14 = 0.12%; 0.02% locally.
SALES TAX FACTS•2014:•100% of calendar year; 13% of fiscal year.•5.7% ahead of 2013.•16.0% ahead of 2014 budget.•24 CAST communities currently reporting:•2013 a strong year.
CAST COMMUNITIES
CAST COMMUNITIES
SALES TAX RATE OF CHANGE
SALES TAX COMPARISONS: 2014‐12TOWN OF ESTES PARK2014 SALES TAX CLASSIFICATION BREAKDOWN Prior Prd Prior Prd2014 2013 2014 2012 2014BRIEF TOTAL % of Jan‐Feb vs. Jan‐Feb vs.DESCRIPTION YEAR Total YEAR 2013 YEAR 2012AMUSEMENTS/RECREATION 5,969.89 1% 6,805.23 ‐12% 4,838.13 23%AUTOMOTIVE 28,995.37 3% 34,824.16 ‐17% 27,808.61 4%FOOD 409,054.84 37% 392,582.19 4% 371,970.07 10%RETAIL 145,064.62 13% 135,418.44 7% 147,617.12 ‐2%LODGING 205,879.69 19% 184,486.06 12% 178,224.96 16%CONSTRUCTION 91,630.74 8% 87,253.69 5% 78,984.73 16%PERSONAL/PROFESSIONAL 26,650.13 2% 23,738.59 12% 23,624.68 13%UTILITIES 180,844.94 17% 170,449.84 6% 162,665.37 11%GRAND TOTAL 1,094,091.22 100% 1,035,558.20 6% 995,733.67 10%
DISASTER REIMBURSEMENT STATUSFEMA•Estimated expenses: $5.2 million•Received to date: $76,780 (small projects, State POs)•RFR total to date: $294,048–Under review •New State online system for RFR & reports (May 2014)–Must enter all documentation; getting help; plan–State prefers quarterly RFR–Successfully submitted quarterly report
DISASTER REIMBURSEMENT STATUSNRCS•Estimated expenses: $1 million•Submitted first RFR & quarterly report: –March 31, 2014–$192,547–Under review•Next RFR: May 30
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Director
Phil Kleisler, Planner/Code Compliance Officer
Date: May 27, 2014
RE: Manufacturing of Micro Craft Liquors Update
Objective:
Obtain policy direction to create new definitions for “micro” and “conventional”
breweries, wineries and distilleries, and place into appropriate zone districts.
Present Situation:
Background
The Estes Valley Development Code (EVDC) allows the “production of fermented malt
beverages, malt, special malt, and vinous and spirituous liquors (brew pub)” as an
accessory use to restaurants in three zone districts: A Accommodations, CD
Commercial Downtown, CO Commercial Outlying. In response to the growing
popularity of breweries, distilleries and wineries, staff has received consistent requests
to open such businesses absent of a restaurant component.
The Town Board of Trustees, Larimer County Board of County Commissioners and
Estes Valley Planning Commission discussed this topic at an April 9, 2014 work
session. During that meeting staff summarized how communities have separated
micro-breweries/wineries/distilleries from the larger, conventional businesses. Three
policy options were then discussed:
1. Option One allows the micro businesses as a principle use in the CD and CO
Districts, and requires a taproom/tasting room. Floor area above 15,000 square
feet requires a Special Review.
This option also allows the conventional businesses as a principle use in the CH
Commercial Heavy and I Industrial Districts, and may include a tasting room.
Floor area above 15,000 square feet in the CH District requires a Special
Review.
2. Option Two proposed the same requirements as Option One, but with limits to
production and/or off-site sales in the CD District.
3. Option Three proposed the same requirements for micro business as in Option
One, but prohibits the conventional businesses.
The Town Board, County Commissioner and Planning Commission directed staff to
continue researching Option One and report back with more information. The Boards
and Commission also wished to tour various Front Range breweries/wineries/distilleries
to gain a greater understanding of operational impacts.
Benchmarking
Staff has researched various Front Range and mountain communities in an effort to
gain a greater understanding of best practices. It appears that the intent of defining the
micro-breweries/distilleries/wineries apart from their larger, conventional counterparts is
to keep manufacturing uses from dominating commercial (namely downtown and light
commercial) areas. A matrix of municipal definitions is attached.
Most communities set a production limit within the definition of each use (e.g. barrels of
beer per year). The production limit appears to be a function of a city’s size and
capacity to absorb such businesses. For example, Vail sets a production limit for micro-
breweries at 7,500 barrels per year, while Fort Collins sets the limit at 15,000 and
Aurora at 60,000.
There also does not appear to be a standard definition for these businesses. Some
communities, such as Boulder and Lafayette, align their definitions with those of the
State Liquor Code, while others use language from industry groups (e.g. Brewers
Association) or other sources. Additionally, some definitions are very brief while others
provide great detail.
Staff spoke with a number of smaller communities and generally received the following
feedback:
Do not write regulations to address one specific business.
Avoid creating any unnecessary regulatory barriers.
Breckenridge applies general operational standards to address odor. Section
7.10 of the EVDC establishes Operational Performance Standards for noise and
physical compatibility (e.g. loading areas, hours of operation, etc.), but does not
address odor.
Each municipality that was interviewed responded that the regulations are
working well and they have not realized any unintended consequences.
On May 16, 2014 the Town Board and Planning Commission toured numerous
establishments in Fort Collins to gain a greater understanding about their operations.
Below is a brief description of each establishment:
Odell Brewing Company: This conventional brewery has recently expanded to
allow for an annual production volume of over 120,000 barrels per year. The
business is located within the City of Fort Collins’ Industrial zone district, which is
most similar to the Estes Valley I-1 Restricted Industrial district.
Equinox Brewery: Microbrewery that produces 1,000 barrels per year and
expanding the building into a 4,000 square foot establishment. Equinox is often
site of daytime business meetings and sells most of their product on site.
Pateros Creek Brewing Company: Microbrewery that produces 600 – 800 barrels
per year. The building site, including the bar/taproom is 4,500 square feet.
Coppermuse Distillery: Microdistillery that is less than one year old and estimates
producing 2,000 cases per year. Most of the product is sold through their tasting
room.
Equinox, Pateros and Coppermuse are all located within the City of Fort Collins’
Downtown zone district, which is most similar to the Estes Valley CD Commercial
Downtown district.
Proposal:
Amend the EVDC to allow for micro and conventional breweries/distilleries/wineries as
described more fully as “Option One” in the attached staff report
Advantages:
Encourages local, year-round business;
Supports and accommodates the evolving nature of microbreweries,
microdistilleries and microwineries;
Prevents industrial uses from dominating non-industrial areas;
Considers impacts to adjacent residents and businesses; and,
More alignment of the EVDC with state liquor laws.
Disadvantages:
Alcohol consumption contributes to instances of alcoholism and driving while under the
influence of alcohol. Planning staff has consulted with the Police Department, who
suggested monitoring instances of alcohol-related incidents. Staff further suggests that
an annual report be given to the Boards summarizing what new businesses have
opened, how the regulations are working and if there have been any unintended
consequences (e.g. spikes in alcohol-related arrests, concerns from neighboring
businesses).
Action Recommended:
Direct the Estes Valley Planning Commission to review a draft ordinance to amend the
EVDC to allow for micro-breweries/distilleries/wineries and conventional
breweries/distilleries/wineries. This item can be considered at the June 17, 2014
Commission meeting.
Should the Board wish to proceed with a code amendment, staff requests direction on
the following questions:
1. Is it still the Board’s desire to pursue Option One as described in the attached
staff report?
2. Should the code amendment seek to address operational issues such as odor?
3. Is the Board comfortable with the following timeline?
a. June 17, 2014: Planning Commission review and recommendation; and
b. July: Town Board and County Commission consideration;
Budget:
Legal notice, publication and codification fees are minimal ($300).
Possible increase in tax base from new businesses.
Level of Public Interest
The level of public interest is moderate in general, and high among those interested in
these industries.
Sample Motion:
N/A
Attachments:
1. Benchmarking: Municipal Definitions
2. Public comment received since study session
3. Joint Study Session Staff Report
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 1 City/Population Definition Limitations/Notes Fort Collins 148,612 Microbrewery shall mean a facility that produces no more than fifteen thousand (15,000) barrels per year of fermented malt beverages on site and shall include a taproom in which guests/customers may sample the product. Microdistillery shall mean a facility that produces no more than fifteen thousand (15,000) gallons per year of spirituous beverages on site and shall include a tasting room in which guests/customers may sample the product. Microwinery shall mean a facility that produces no more than one hundred thousand (100,000) gallons per year of vinous beverages on site and shall include a tasting room in which guests/customers may sample the product. Allowed in the same districts as “bar, taverns”, with the addition of General Commercial districts (not exactly similar to our CO district). Each are required to have a taproom or tasting room respectively. Vail 5,253 Brewpub: An eating place which includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. The area used for brewing, including bottling and kegging, shall not exceed fifty percent (50%) of the total floor area of the commercial space. The brewery shall not produce more than seven thousand five hundred (7,500) barrels of beer or ale per year. A barrel is equivalent to thirty one (31) gallons. Microbrewery: A mixed use commercial operation that processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting that shall also include an on site public restaurant and/or bar which sells the beer and ale produced on site. The maximum brewing capacity for the microbrewery shall be seven thousand five hundred (7,500) barrels per year. A barrel is equivalent to thirty one (31) gallons. The microbrewery Vail does not currently have any microbreweries, wineries or distilleries. The regulation was written for a specific brewery that is no longer in business.
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 2 City/Population Definition Limitations/Notes use shall not exceed eight thousand (8,000) square feet of floor area, excluding enclosed areas for loading, trash, and delivery. The public restaurant and/or bar shall have a minimum seating area of two thousand (2,000) square feet and shall be excluded from the total microbrewery maximum square footage limit. Boulder 101,808 "Brewery" means a use with a manufacturer or wholesaler license issued under § 12-47-401, et seq., C.R.S., and does not include any retail type liquor license under § 12-47-309, et seq., C.R.S., on the lot or parcel, that is primarily a manufacturing facility, where malt liquors are manufactured on the premises, that may include a tap room that is less than or equal to thirty percent of the total floor area of the facility or one thousand square feet, whichever is greater. "Brewpub" means an establishment that is primarily a restaurant where malt liquor is manufactured on the premises as an accessory use. A brewpub may include some off-site distribution of its malt liquor consistent with state law. "Distillery" means a use with a manufacturer or wholesaler license issued under § 12-47-401, et seq., C.R.S., and does not include any retail type liquor license under § 12-47-309, et seq., C.R.S., on the lot or parcel, that is primarily a manufacturing facility, where spirituous liquors are manufactured, that may include a tasting room that is less than or equal to thirty percent of the total floor area of the facility or one thousand square feet, whichever is greater. "Winery" means a use with a manufacturer or wholesaler license issued under § 12-47-401, et seq., C.R.S., and does not include any retail type liquor license under § 12-47-309, et seq., C.R.S., on the lot or parcel, that is primarily a manufacturing facility,
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 3 City/Population Definition Limitations/Notes where vinous liquors are manufactured, that may include a tasting room that is less than or equal to thirty percent of the total floor area of the facility or one thousand square feet, whichever is greater. "Taproom" means a use associated with and on the same premises as a brewery, at which guests may sample the manufacturer's products and consume other nonalcoholic beverages. "Tasting room" means a use associated with and on the same premises as a winery or distillery, at which guests may sample the manufacturer's products and consume other nonalcoholic beverages." Breckenridge 3,535 Each are allowed in their “Commercial and Light Industrial Uses” zone district. Their Code does not regulate or define these uses specifically; rather it only calls it commercial/industrial. When asked about lessons learned in administering these codes their answer was “Nothing. The less roadblocks the better”. There is a distillery with tasting room and a brewpub located downtown. There is also a microbrewery in Summit County close to Breckenridge. Mixed use development cannot be connected to distilleries. Code requires developer to build affordable housing units if they reach a certain square footage threshold.
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 4 City/Population Definition Limitations/Notes Steamboat Springs 12,029 Brewery: A manufacturer and distributer that the primary use is a manufacturing facility where fermented malt, vinous, and/or spirituous beverages are manufactured on the premises. Brewpub: A restaurant where fermented malt, vinous, and or spirituous beverages are manufactured on the premises. Manufacturing facilities (brewery) shall not exceed fifty (50) percent of the overall floor area. No more than fifty (50) percent of the fermented malt beverages manufactured on the premises shall be distributed or sold to off-premises customers. A Brewery may include a taproom or tasting room that is less than thirty (30) percent of the total floor area of the facility or one thousand (1,000) square feet, whichever is greater. A brewery in the Commercial Services zone district shall include a taproom. Breweries must comply with their general performance, operational and environmental standards. One of the ten Operational Standards for General Development include the following: Heat and odor. Every use shall be operated so that heat and odors generated are imperceptible without instruments at any point of any boundary line of the property in which the use is located. Longmont 88,669 Brewery: means an establishment where malt liquors or fermented malt beverages are manufactured that has a manufacturer's or wholesaler's license under the Colorado Liquor Code. Brewpub: means a retail establishment that produces fermented malt beverages, malt, special malt, and vinous and spirituous liquors. Distillery: means an establishment where spirituous liquors are manufactured that has a manufacturer's or wholesaler's license Brewery, distillery, winery (with or without an on-site tasting room) may be no closer than 250 feet from a residential use or zone district, excluding residential uses located in a nonresidential zoning district.
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 5 City/Population Definition Limitations/Notes under the Colorado Liquor Code. Winery: means an establishment where vinous liquors are manufactured that has a manufacturer's or wholesaler's license under the Colorado Liquor Code. Aurora 339,030 Brewery: means any establishment where malt liquors are manufactured and production exceeds 60,000 barrels of malt liquor per year, but shall not mean a "brew pub" or "microbrewery". Brewpub: means a retail establishment that manufactures not more than 9,000 barrels of malt liquor on its licensed premises each calendar year. Microbrewery: means any establishment where malt liquors are manufactured and packaged on or off-premises, manufacturing more than 9,000, but less than 60,000 barrels of malt liquor on its licensed premises each calendar year. Winery: means an establishment that manufactures vinous liquors which may include a restaurant or a sample venue that sells the winery’s products, including retail sales. Code allows distilleries, but does not define it.
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 6 City/Population Definition Limitations/Notes Missoula, Mo 68,394 Microbrewery: A brewery (for malt beverages) that has an annual nationwide production of not less than 100 barrels or more than 10,000 barrels. Micro distillery: Produced 25,000 proof gallons or less of liquor annually in accordance with MCA 16-4-310 through 312. Microbrewery, Small-Scale Winery or Food Production and Microbrewery, Small-Scale Winery or Food Production are allowed in most industrial districts Rapid City, SD 69,854 Microbreweries: a. A microbrewery is defined as an establishment which manufactures less than 5,000 barrels of malt beverages a year; b. In addition to the malt beverage manufacturer’s license required by SDCL 35-4-2-(14), the operator of a microbrewery must obtain the appropriate city issued retail liquor license if it intends to sell its product directly to the public; c. Accessory uses to a microbrewery specifically include, but are not necessarily limited to, the selling of food operation of a restaurant, and/or selling of products associated with the microbrewery or manufacture of beer. Winery: Facilities for the production of table, sparkling, and sacramental wines or other wines, as defined in SDCL Chapter 35-12, including storage, bottling and distribution and related administrative offices and functions such as on-site tasting facilities subject to the following regulations: 1. The amount of wine the winery is allowed to sell or distribute in one year is limited to 150,000 gallons;
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 7 City/Population Definition Limitations/Notes 2. Authorization under this use shall allow on-off sale of wine as per state law; and, 3. Accessory uses to a winery specifically include, but are not necessarily limited to, the serving of food and/or operation of a restaurant; the selling of glassware, wine literature and accessories, and/or food products. Lafayette 25,733 Brewery: means an establishment, licensed as a manufacturer by the appropriate state and/or federal authorities, where malt liquors or fermented malt beverages are manufactured, packaged or distributed, and which may also include sales of such products for on- or off-premises consumption, and which does not meet the definition of brew pub, micro brew pub or microbrewery. Micro brewery: means an establishment, licensed as a manufacturer by the appropriate state and/or federal authorities, where malt liquors or fermented malt beverages are manufactured, packaged or distributed with all production and manufacturing equipment and processes enclosed within a building, and which may also include sales of such products for on- or off-premises consumption, with manufacturing not exceeding a total seventy-seven thousand five hundred (77,500) gallons (or two thousand five hundred (2,500) barrels, where one (1) barrel equals thirty-one (31) gallons) of malt liquor and fermented malt beverages on its licensed premises each calendar year and any off-premises wholesale distribution not exceeding twenty-five (25) percent of the total annual production,
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 8 City/Population Definition Limitations/Notes and which does not meet the definition of a micro brew pub. Tastings means the sampling of malt, vinous, or spirituous liquors that may occur on the premises of a retail liquor store licensee or liquor licensed drugstore licensee by adult patrons of the licensee pursuant to the provisions of this section. (b) Permitting in general. (1) The city hereby authorizes tastings to be conducted by retail liquor store or liquor licensed drugstore licensees in accordance with this section and pursuant to C.R.S. § 12-47-301. Within the city, it is unlawful for any person or licensee to conduct tastings unless a permit has been obtained in accordance with this section. The local licensing authority is authorized to issue tasting permits in accordance with the requirement of this section. (2) A retail liquor store or liquor licensed drugstore licensee that desires to conduct tastings shall submit an application for an annual tastings permit to the local licensing authority. All applicants shall pay an application and application renewal fee in an amount determined by resolution of city council. The local licensing authority may reject the application if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this section or creating a public safety risk to the neighborhood. The local licensing authority shall establish the application procedure and may, subject to conditions, delegate renewal of permits to the city clerk.
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 9 City/Population Definition Limitations/Notes (3) Tastings shall be subject to the following limitations: a. Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the liquor enforcement division of the Colorado Department of Revenue and who is either a retail liquor store licensee or a liquor licensed drugstore licensee, or an employee of a licensee, and only on a licensee's licensed premises. b. The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub, or winery licensed pursuant to C.R.S. § 12-47-403, at a cost that is not less than the laid-in cost of such alcohol. c. The size of an individual alcohol sample shall not exceed one (1) ounce of malt or vinous liquor or one-half (½) of one (1) ounce of spirituous liquor. d. Tastings shall not exceed a total of five (5) hours in duration per day, which need not be consecutive. e. Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11:00 a.m. or later than 7:00 p.m. f. The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. g. The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises or shall destroy the samples immediately following the completion of the tasting.
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 10 City/Population Definition Limitations/Notes h. The licensee shall not serve a person who is under twenty-one (21) years of age or who is visibly intoxicated. i. The licensee shall not serve more than four (4) individual samples to a patron during a tasting. j. Alcohol samples shall be in open containers and shall be provided to a patron free of charge. k. Tastings may occur on no more than four (4) of the six (6) days from a Monday to the following Saturday, not to exceed one hundred four (104) days per year. l. No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer's products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting. m. The applicant for a tastings permit shall certify on the application that all persons serving alcohol at tastings have completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue. The applicant for a tastings permit shall state on the application the days and times that tastings will occur. (4) The city recommends that permitees, without charge to their patrons, have available for consumption sandwiches and light snacks for all patrons who are served samples. (5) A violation of a limitation specified in this section or of C.R.S. § 12-47-801, by a retail liquor store or liquor licensed drugstore licensee, whether by his or her employees, agents, or otherwise, shall be the responsibility of the retail liquor store or liquor licensed drugstore licensee who is conducting the
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 11 City/Population Definition Limitations/Notes tasting. (6) A retail liquor store or liquor licensed drugstore licensee conducting a tasting shall be subject to the same revocation, suspension, and enforcement provisions as otherwise apply to the licensee and are imposed by the local licensing authority. Newport News, VA 180,781 Micro-brewery, micro-distillery, and/or micro-winery: A facility with no more than three thousand (3,000) square feet of floor area, for the production and packaging of alcoholic beverages for distribution, retail, or wholesale, on or off premises and which meets all alcohol beverage control laws and regulations. Permitted in commercial, mixed use and light industrial districts. Englewood 31,177 Brewery: Any establishment, licensed by the appropriate State and Federal authorities, where malt liquors or fermented malt beverages are manufactured, except brew pubs as defined. Or, as this definition may be modified in C.R.S. 12-47-103. Distillery: Any establishment, licensed by the appropriate State and Federal authorities where spirituous liquors are manufactured. Or, as this definition may be modified in C.R.S. 12-47-103. Sales Room: An establishment, or portion of a manufacturing establishment, that allows customers to taste samples of wine, beer or spirituous liquors manufactured or produced by a single distillery, brewery or winery and licensed as a sales room pursuant to a State Manufacturer's License (C.R.S. 12-47-402) or a State Limited Winery License (C.R.S. 12-47-403). A sales room may include the sale of such products in addition to related items, marketing events, special events entertainment and/or food. Or, as this definition may be modified in C.R.S. 12-47-103 et. seq. Vintner's Restaurant: A retail establishment, licensed by the
Brewery/Winery/Distillery Benchmarking Municipal Land Use Definitions 12 City/Population Definition Limitations/Notes appropriate State and Federal authorities, that sells food for consumption on the premises and that manufactures not more than two hundred fifty thousand (250,000) gallons of wine on its premises each year. Winery: Any establishment licensed by the appropriate State and Federal authorities, where vinous liquors are manufactured, except that the term does not include a Vintner's Restaurant license pursuant to 12-47-420 C.R.S. Or, as this definition may be modified in C.R.S. 12-47-103. New Castle 4,551 Allows in the Planned Unit Development/Mixed Use District, but does not define the term. Silt 2,972 Permits “Breweries and Bottling Facilities” in three business districts, but doesn’t define the term.
PhilKleislerFrom:KarenThompson<kthompson@estes.org>Sent:Monday,April14,20143:57PMTo:CharleyDickey;BettyHull;KathyBowers;SteveMurphree;DouglasKlink;WendyeSykes;NancyHillsCc:FrankLancaster;PhilKleislerSubject:Re:EstesParkDistilleryFrankLancasteraskedthatIforwardthislettertoallPlanningCommissioners.Iwillalsoputitonthewebassoonaspossible.Pleaseletmeknowifyouhaveanyquestions.Thanks.KarenThompsonExecutiveAssistantCommunityDevelopmentDepartmentTownofEstesParkPhone:970-577-3721Fax:970-586-0249kthompson@estes.orgOnMon,Apr14,2014at12:56PM,FrankLancaster<flancaster@estes.org>wrote:Karen,canyoupleaseforwardthisontothePlanningCommission?Thanks,FrankForwardedmessageFrom:MarkElrod-EstesParkTownTrustee<melrod@estes.org>Date:Mon,Apr14,2014at12:09PMSubject:Fwd:EstesParkDistilleryTo:FrankLancaster<flancaster@estes.org>,GregWhite<greg@gawhite.com>YoumaywishtosharewithCountyCommissioners;PlanningCommission;andappropriatestaff.MESentfrommyiPhoneBeginforwardedmessage:From:JoeElkins<Loe.t.elkins@gmail.com>Date:April14,2014at11:30:06AMMDTTo:eblckhurst@estes.org,bpinkham@estes.org,rnelrod@estes.org,jericson@estes.org,1
wkoenig@estes.org,mrris@estes.org,jQhipps@estes.orgSubject:EstesParkDistilleryDearMayorPinkhamandTrusteesofEstesPark,IamaresidentofLarimerCountyandaprofessorattheUniversityofNorthernColoradoandIaminterestedinstartingadistilleryinEstesPark.IhaveattendedallthepublicsessionsandTownofEstesParkworksessionstodateandhavelistenedcarefullytothetrustee’scommentsinthelastworksessionon4/9/2014relatedtorevisionofordinancesrelatedtobreweries,wineries,anddistilleries.Craftdistilleriesarecurrentlyexperiencinggrowthsimilartowhatcraftbreweriesexperiencedtwentyyearsago.Americans’tastesforadultbeveragesareevolvingandtheirtastesforhigherquality,locallysourced,andethicallyproducedproductsisdrivingthecraftdistillingrevolution.Colorado’slaw,inparticular,makeopeningacraftdistilleryforsmallbusinessownerslikemeattractivebecausethoselawsallowustomonetizeretailcomponentsofourbusinessthatgenerateneededcashflowinthefirstfewyearsofstartingupforlongtermsuccess.Smallbusinessesthatgetintocraftdistillingdosobecauseoftheopportunitytospecializeandproducesuperiorproductstowhatwasfoundonshelvesjusttenyearsago.Thesecraftspiritsaremadebyhand,withaprocessthatismoreakintoculinaryartsthananindustrialprocess.Theselectionofartisanalandlocally-derivedfeedstocks,uniqueagingprocesses,andthehighestqualityingredientsmakethesespiritsmoreexpensivethanspiritsthatareconsumedinhighvolume.Foradultsthatenjoyalcoholicbeverages,craftdistilleriesofferagreatdealofspecializationandanalternativetowineandbeer,whichisnotsuitableforeveryone.Inparticularpeoplewithsensitivitytosulfitescannotenjoywine,andfolkswithglutenintolerancescannotenjoybeers.Craftspiritsallowadeferentalternativetootheradultbeverages,butcostsavings(andthusoverindulgence)isnotoneofthem.Craftspiritmanufacturersproduceproductsthatretailforabout$40abottleandattractcustomersthathavemedianhouseholdincomesaround$100,000/year.Thecostofaservingofcraftspiritputsourproductsabovethecostofcraftbeersandjustbelowsmall-scalewineries.Simplyput,craftspiritsdonothaveapricepointthatmakestheirconsumptioneconomicalforthoseconsuminghighvolumesandareabusingalcohol.I’dliketopointyoutowhatseveralbusinessesinpeercommunitiesandneighboringtownsaroundColoradoandtheNationaredoingasexamplesofhowmybusinesscouldhavepositiveimpactsonthedevelopmentofayear-roundeconomy.InBreckenridge,CO,BreckenridgeDistilleryoperatesa500gallonmashsystemtoproducewhatisawardedasoneofthefinesthourbonsintheworld.Lyons,COishometoSpiritHoundwhichmakesGinandVodkaina700gallonstillwitha500gallonmashtun.Onanationallevel,Gatlinburg,TN,thegatewaytoGreatSmokyMountainsNationalPark,ishometoOleSmokyDistillery.Thatdistilleryinparticularhasbeenagreatsuccessforthecommunity,drawing2millionvisitorsin2013.inGreenville,SC,DarkCornerdistilleryoperatesa400gallonmashsystemwithadirectfiredstillindowntown,onMainSt.Theterm‘micro’whenappliedtocraftalcoholbeverageproductionissomewhatarbitrary.Theterm‘craft’ispreferredbecauseitimpliestheattentionanddetailthatdistinguishesourproductsfrommass-producedspiritsconsumedinvolumeatlowcost.Economicmodelsforstartingthisbusinesssuggestthattheproductionof500gallonsofmash/dayistheidealeconomicentrypoints.Suchproductionresultsinaboutonepalletofcased,750mlbottlesperday.Thatdaily2
productionfitsintothebackofvan.Weaskthatwhateverlimitsgetputonourbusinessbeconstantwiththatofbreweriesandwineriesintermsoftherawmaterialstheyarehandling.Forexample,a15barrelbeersystemsuchastheonebeingsuggestedbySt.VramBrewingforuseinEstesPark,usesthesameamountofgrainandwaterasa500gallonmashsystemfordistilledspirits.Ourstillsrangeinsizebasedonthetypeofmashandtheir‘foaminess’.Measuringmashcapabilityisamorefairmeasureofproductionforadistillerysinceourfinishedproductscanrangein%alcoholcontentwidely-fromliqueursat15-20%to50%forsomerums.ThiswasnotsomethingthecityofFortCollinsconsideredwhenitsetthearbitrarylimitof15,000proofgallons/yearondistilleries.Thisarbitrarynumberonproductionlimitsalsolimitsthetaxrevenuethecitycancollect.Thesuggestionmadebyyourplanningofficialsinthelastworksessionregardingallowingunlimitedproductionupto15,000sq/ftseemstobethemostfairandencouragesbusinesstobeefficient.ThetownofEstesParkisideallysituatedforproductionofagedspirits.AccesstosnowmeltwaterfromtheRockyMountains,thatisironfree,isakeyconsideration:60%ofourproductsare,afterall,water.Also,theagriculturalregionsofLarimerCountyandNorthernColoradoproducesomeofthefinestgrainsavailableforadultbeverageproduction.ButperhapsthebestthingaboutEstesParkisthealtitude.World-wide,craftdistillersdesirethehighestaltitudeanddriestclimatepossibleforagingtheirproducts.Unfortunately,mostplacesworld-widedonothavethecombinationofpurewaterandclimateforgrainproductionwithaccesstohighaltitudeanddryclimate.TheonlycomparableplaceisthehighmountainsofCentralAmerica.Inthatcase,purewaterandhighaltitudeareavailable,butthewetclimateismostconducivetogrowingsugarcaneandtheproductionofrum.CentralAmericaisworld-famousforitsproductionofthefinestrumonearthbecausethealtitudemakesagingadynamicprocess.IbelievethatEstesPark’snaturalenvironmentcanresultintheproductionoftheworld’sfinestsinglemaltandcornwhiskies-competingwithKentuckyandScotland.Ihavebeenresearchingthedetailsofopeningacraftdistilleryforacoupleofyearsandhaveputmucheffortintoeducatingmyselfabouttheindustryoverthattime.Ifyouhaveanyquestions,comments,orconcernsaboutmyplansandthisindustryIwouldbehappytodiscussitwithyouindividuallyorasagroup,inpersonoronthephone.IliveinFortCollinsandworkinGreeleyandcanbeinEstesonthesamedayifneedbe.Ifitwouldhelpmakethedialoguemoreefficient,IwouldbehappytoattendthenextworksessiononthistopicandbeavailabletoansweryourquestionsasbestIcan.Iamalsoevaluatingothercommunitiesinwhichtolocatemybusiness,butEstesParkismytopchoiceforreasonsoutlinedabove.Becauseoftheboomincraftdistilling,thedecisiononwheretostartmybusinessistime-sensitiveandIwouldappreciateyourdiligenceinmakingthisitemapriorityconsiderationinyourworkagenda.Thepermittingprocessislengthyandexpensive.IftheEstesParkallowedforthistypeofbusinesstomorrow,itwouldnotbeuntilMarchof2015untilIcouldopenmydoors.Iwouldideallyliketobeproducingtwomonthspriortothesummerof2015andtodothatrequiresthatyoureachadecisiononthissubjectbeforeJune.Iamhappytopointyoutoresourcesandassistyouwithlocatingpeerexamplesofhowthisbusinesswouldfitintoyourcommunity.IhopethatyouultimatelydecidethatthepositiveeffectsofmybusinessonyourcommunitysuchastheimpactthedistilleriesinGatlinburg,Breckenridge,andLyonshavehadontheirsinanchoringayear-roundeconomyissomethingyouwouldliketoseeinEstesPark.Pleasedonothesitatetocontactmeifyouhaveanyquestionsorwouldliketospeakwithmefacetoface.Regards,Joe3
JoeT.Elkins.Ph.!).Cell:419-575-17044
PhilKleisler,PlannerApril9,2014Micro-Breweries/Distilleries/WineriesPresentSituation:TOWNoESTESPARKCOMMUNITYDEVELOPMENTHonorableMayorPinkhamEstesParkBoardofTrusteesHonorableCommissionerChairDonnellyLarimerCountyBoardofCountyCommissionersPlanningCommissionChairHullTownAdministratorLancasterCountyManagerHoffmannObjective:Obtainpolicydirectiontocreatenewdefinitionsfor“micro”and“conventional”breweries,wineriesanddistilleries,andplaceintoappropriatezonedistricts.BackgroundColorado,andparticularlytheFrontRange,hasgainednotorietyforanabundanceofcraftbreweries.Untilthepastcoupleofdecades,nearlyallmalt,spirituousandvinousliquorsintheU.S.wereproducedbyverylargecompaniesor,inthecaseofwineries,concentratedinagriculturalregionssuitableforgrapeproduction.Ahandfulofsmall,localmicro-distilleriesbeganemerginginthe2000swithinanemphasisontheproductionofunique,handcraftedspiritsandliquors.Thebrewery,distilleryandwineryindustrieshavebecomeincreasinglydecentralized,transitioningfromlarge-scaleoperationstoentrepreneurialbusinessesservinglocalizedorregionalmarkets.AccordingtotheBrewer’sAssociation,anationaltradegrouprepresentingthecraftbrewingindustry(locatedinBoulder),therewere89commercialbrewerofanytypeinthelate1970s.By2013therewere1,165brewpubsand1,221microbreweriesintheU.S.Althoughnotasabundantasbreweries,wineriesanddistillerieshavealsogrowninpopularity(seeattached“PracticeBreweries”,page2).ColoradoranksfifthinpercapitabreweriesandthirdintotalbreweriesintheU.S.PolicyDirectionTheEstesValleyComprehensivePlanrecognizestheimportanceofmaintainingauniqueblendofbusinessesinCommunityWidePolicies7.1:Maintainauniqueblendofbusinesses,residentsandvisitors,withoutnegativelyaffectingthenaturalbeautyoftheEstesValley.MemoTo:From:Date:RE:
TheEstesParkBoardofTrusteeshasadopteda2014strategicplan,whichincludesakeyoutcomeofarobusteconomy:adiverse,healthyyearroundeconomy.CurrentUseLimitationsTheEstesValleyDevelopmentCode(EVDC)allowsthe“productionoffermentedmaltbeverages,malt,specialmalt,andvinousandspirituousliquors(brewpub)”asanaccessoryusetorestaurantsinthefollowingzonedistricts:1.AAccommodations2.CDCommercialDowntown3.COCommercialOutlyingInresponsetothegrowingpopularityofbreweries,distilleriesandwineries,staffhasreceivedconsistentrequeststoopensuchbusinessesabsentofarestaurantcomponent.ThehighexpenseofarestauranthasappearedtolimitbreweriesfromopeninginEstesPark,withonebrewery(EstesParkBrewery)andonewinery(SnowyPeaksWinery)operatingintheEstesValley.Initialdiscussionscenteredonmicro-breweries/wineries/distilleries,butthroughtheresearchnotedbelow,staffisalsobringinganoptiontopermitconventionalbreweries/wineries/distilleries.BenchmarkingAccordingtotheAmericanPlanningAssociation,communitieshavegenerallytakentwoapproachestoregulatingsmall-scalealcoholproduction.Eithertheydefinebrewpubs,microbreweries,microdistilleriesandmicrowineriesasdistinctuses,ortheydefineanumbrellatermthatencompassesmultipletypesofproductionfacilities.Staffrecommendsdefiningeachuse,asexplainedbelow.Communitiesthatdefineeachusegenerallyrelyonaproductionvolumethresholdtodistinguishbetweena“micro”and“conventional”versionofeachuse.Forexample,FortCollinssetathresholdof15,000barrelsperyearformicrobreweries,whichcorrespondswiththeAmericanBrewersAssociationdefinedlimit.Researchindicatesthatcommunitiesmaymodifythisthresholdasaresultofpopulationsizeorcapacityofspecificzonedistricts.ThethresholdformicrobreweriesinVailis7,500barrelsperyear,whilethatofAurorais60,000barrelsperyear.Similarthresholdsformicrodistilleriesandmicrowineriesappeartobeusedlessfrequently.Somecommunitiesalsoregulatetheproductionthresholdbysettinglimitstothefloorareaof“micro”operations.Duringstakeholdermeetingstherewasconcernexpressedaboutproductionlimits(e.g.barrelsperyear)fromthosewishingtoopena“micro”brewery,wineryordistillery.Concernscenteredonthesomewhatarbitrarynatureofsettingproductionlimitsandtheimpactsthattheycanhaveonstartups.Inresponsetotheseconcerns,staffisproposingasquarefootagerequirementforthe“micro”usesinlieuofaproductionlimit.TheEVDCsetsasimilarsquarefootagerequirementforsomeindustrialuses.Page2of10
Proposal:AmendtheEVDCtoallowformicro-breweries/wineries/distilleriesandconventionalbreweries,wineriesanddistilleriestooperateasaprincipleuseinappropriatezonedistricts.AnalysisStaffrevieweddefinitions,intentandlocationalinformationforeachzonedistrictthatrelatestothisproposedcodeamendment(seeAttachment2forfulldistrictdefinitions).Loading/UnloadingStaffisnotproposinganyadditionalrestrictionstooff-streetparkingandloading.EVDCSection7.11Off-StreetParkingandLoadingappliestonewdevelopmentinallzonedistrictsexceptintheCommercialDowntowndistrict.NoiseTheTownwillrelyontheexistingnoiserestrictionsinTitle8oftheEstesParkMunicipalCode.StaffisparticipatingintoursofseveralbusinessesalongtheFrontRangeandwillreporttotheBoardsanyconcernsrelatingtonoise.OdorStaffisresearchingthisissueandreachingouttoneighborsadjacenttobreweriestoaccesspotentialimpacts.Additionally,weplantovisitbusinesseswhilethebrewingprocesstakesplace.OutdoorStorageExistingcodesaddresstheissueofoutdoorstorage.WhilemostrestrictiveintheCommercialDowntowndistrict,alldistrictsrequirescreeningfrompropertylinesandpublicstreets.StaffwillalsotakenoteofanyoutdoorstorageduringtheupcomingtoursandreportsuchfindingstotheBoards.Advantages:•Encourageslocal,year-roundbusiness;•Supportsandaccommodatestheevolvingnatureofmicrobreweries,microdistilleriesandmicrowineries;•Preventsindustrialusesfromdominatingnon-industrialareas;•Considersimpactstoadjacentresidentsandbusinesses;and,•MorealignmentoftheEVDCwithstateliquorlaws.Disadvantages:•Alcoholconsumptioncontributestoinstancesofalcoholismanddrivingwhileundertheinfluenceofalcohol.PlanningstaffhaveconsultedwiththePolicePage3of10
Department,whosuggestedmonitoringinstancesofalcohol-relatedincidents.StafffurthersuggeststhatanannualreportbegiventotheBoardssummarizingwhatnewbusinesseshaveopened,howtheregulationsareworkingandiftherehavebeenanyunintendedconsequences(e.g.spikesinalcohol-relatedarrests,concernsfromneighboringbusinesses).ActionRecommended:Reachconsensusonpolicydirectionforthefollowingoptions(SeeAttachment1foracomparisonofeachoption)andanacceptabletimelinetoschedulethecodeamendmentforconsideration.Option1:Permitboth“micro”and“conventional”breweries,wineriesanddistilleries.Discussionsonthistopicinitiallycenteredon“micro”,small-scaleoperationsgenerallyfoundinadowntownsetting.Researchindicatesthatmostmunicipalitiesallowforconventionaloperations,whileslightlyfewerdefine“micro”operations.AttendeesofpublicstakeholdermeetingsrequestedthattheTownconsiderallowingboth“micro”and“conventionaloptions,citingthedesiretogrowfroma“micro”businesstoalarger“conventional”business.OptionIpermitsmicro-breweries/wineries/distilleriesintheCDCommercialDowntownandCOCommercialOutlyingzonedistricts.“Conventional”breweries/wineries/distillerieswouldbepermittedintheCHCommercialHeavyandtheI-iRestrictedIndustrialzonedistricts.Theproductionthresholdforthe“micro”operationswouldbeaddressedintheusetableamendment,requiringaSpecialReviewforsuchusescontainingmorethan15,000squarefeetofgrossfloorarea(SpecialReviewrequiresBoardapproval).“Conventional”operationswouldbeausebyrightintheI-iDistrictandrequireaSpecialReviewintheCHDistrictiftheusecontainsmorethan15,000squarefeetofgrossfloorarea.TheEVDCsetsasimilarsquarefootagerequirementforsomeindustrialuses.Additionally,theCHDistrictpurposestatementreadsinpartthat“largerfacilitiesshallbesubjecttospecialreview”.“Micro”operationswouldberequiredtohaveataproomortastingroom,whilesuchroomswouldbeanoptionalaccessoryusefor“conventional”operations.OptionIPros:•Allowsstartupstogrowintolargerbusinesses,whileremaininginEstesPark;•Wouldlikelyestablishyear-roundbusinesses;and,•Consistentwithpracticesofothercommunities.Page4of10
OptionICons:•Restricts“conventional”businessestoheavycommercialandindustrialzonedistricts,whicharelimitedintheEstesValley.Option2:Permitboth“micro”anduconventionalbreweries,wineriesanddistilleries,withadditionalrestrictionsintheCommercialDowntowndistrict.Attendeesoftherecentstakeholdermeetingssuggestedestablishingdifferentstandardsbyzonedistrict.ThisoptionallowsforusesasdescribedinOption1,butsetsstricterlimitationsintheCommercialDowntowndistrict.Staffrecommendsthatstricterstandardsconsistoflowerproductionlimitsand/orlimitstooff-sitesalesanddistribution.Option2Pros:•AllowsrequirementstobetailoredfortheCommercialDowntowndistrict;and,•Wouldlikelyestablishyear-roundbusinesses.Option2Cons:•Additionalregulations,whichmaydetersomeentrepreneurs.Option3:Permitonly“micro”breweries,wineriesanddistilleries.Stakeholdercommentsindicatethat“micro”businessesaremostdesirableatthistime,givenourheavylocalretailindustryandlackofindustrialland.Thisoptionpermitsthe“micro”businesses,yetprohibitslarger,“conventional”businesses.Pros:•Allowsthe“micro”operations,whichwilllikelybemoreprominentthanthe“conventional”operations;•Wouldlikelyestablishyear-roundbusinesses;and,•Allowsthecommunitytoaddressanyunintendedconsequencesonasmallerscale.Cons:•Limitedabilityforstartupstogrowtoaregionaloperation,whichmayleadtobusinessesmovingtocommunitieswithlessrestrictiveregulations.ProposedDefinitions:StaffproposesaddingthefollowingdefinitionstoEVDCChapter13Definitions.NotalldefinitionswillbeuseddependingonwhichoptiontheBoardswishtopursue.Page5of10
•Microbrewery:Anestablishmentwheremaltliquorsorfermentedmaltbeveragesaremanufactured,andshallincludeataproomtoselltheproductstopatronsonsite.StaffNote:ThislanguageisgenerallyconsistentwiththeColoradoLiquorCode.Theintentofthetaproomistopreventmanufacturingusesfromdominatingretailareas.•Microwinery:Anestablishmentwherevinousliquorsaremanufactured,andshallincludeatastingroomtoselltheproductstopatronsonsite.StaffNote:ThislanguageisgenerallyconsistentwiththeColoradoLiquorCode.•Microdistillery:Anestablishmentwherespirituousliquorsaremanufactured,andshallincludeatastingroomtoselltheproductstopatronsonsite.StaffNote:ThislanguageisgenerallyconsistentwiththeColoradoLiquorCode.•Brewery:Anestablishmentwheremaltliquorsorfermentedmaltbeveragesaremanufactured,thatmayincludeataproomthatislessthanorequaltothirtypercentofthetotalfloorareaofthefacilityoronethousandsquarefeet,whicheverisgreater.StaffNote:ThisdefinitionisconsistentwiththeStateLiquorCode.ThefloorarearequirementisusedbytheCityofBoulder.Theintentofthetaproomlimitationistopreventsmall-scaleproductionoperationsfromdominatingindustrialareas.•Winery:Anestablishmentwherevinousliquorsaremanufactured,andmayincludeatastingroomthatislessthanorequaltothirtypercentofthetotalfloorareaofthefacilityoronethousandsquarefeet,whicheverisgreater.StaffNote:ThisdefinitionisconsistentwiththeStateLiquorCode.ThefloorarearequirementisusedbytheCityofBoulder.•Distillery:Anestablishmentwherespirituousliquorsaremanufactured,andmayincludeatastingroomthatislessthanorequaltothirtypercentofthetotalfloorareaofthefacilityoronethousandsquarefeet,whicheverisgreater.Page6of10
StaffNote:ThisdefinitionisconsistentwiththeStateLiquorCode.ThefloorarearequirementisusedbytheCityofBoulder.•Taproom:Auseassociatedwithandonthesamepremisesasabrewery,atwhichguestsmaysamplethemanufacturer’sproductsandconsumeothernonalcoholicbeverages.StaffNote:ThisdefinitionisusedbytheCityofBoulder.•TastingRoom:Auseassociatedwithandonthesamepremisesasawineryordistillery,atwhichguestsmaysamplethemanufacturer’sproductsandconsumeothernonalcoholicbeverages.StaffNote:ThisdefinitionisusedbytheCityofBoulder.Budget:•Legalnotice,publicationandcodificationfeesareminimal($300).•Possibleincreaseintaxbasefromnewbusinesses.LevelofPublicInterestThelevelofpublicinterestismoderateingeneral,andhighamongthoseinterestedintheseindustries.PublicMeetingsTwopublicmeetingswereheldonMarch26,2014toreviewthecurrentregulationsandhowothercommunitiesregulatetheseindustries.Althoughtheconceptspresentedbystaffwerewellreceived,severalattendeesexpressedconcernswithsettingproductionlimitsfordistilleriesandwineries.Forexample,distilleriesoftenblendtheirproductswithoff-siteingredientsduringthefirst1-2yearsofoperation(whiletheirproductages).Aproductionlimitintheseinstanceswouldimpacttheirabilitytogettheirbusinessofftheground.Asummaryofthesemeetingsareattached.WrittenCommentsTheTownhasreceivedtwowrittencommentsinsupportoftheproposedcodeamendment(attached).Attachments:1.Comparisonofpolicyoptions.2.ZonedistrictdefinitionsPage7of10
3.Summaryofpublicmeetings4.Writtencomments5.AmericanPlanningAssociationZoningPractice:MicrobreweriesPage8of10
Attachment 1:Comparison of policy options.
Use Current Code Option 1:“All In”Option 2:“Stricter Option 3::Micro
Requirements Downtown”Only”
Microbreweries Accessory to Restaurant Principle use in the CD and Principle use in the CD and Principle use in the CD
Use in A,CO and CD CO Districts.CO Districts,and CO Districts.
Micro wineries Districts.
Floor area above 15,000 Floor area above 15,000
Microdistilleries square feet requires a square feet requires a Floor area above
Special Review.Special Review.15,000 square feet
requires a Special
Shall include a Shall include a Review.
taproom/tasting room.taproom/tasting room.
Shall include a
Limits to production and/or taproom/tasting room.
off-site sales in the
Commercial Downtown
District.
Breweries Accessory to Restaurant Principle use in the CH and Principle use in the CH and I-Prohibited
Use in A,CO and CD I-i Districts.1 Districts.
Wineries Districts.
In the CH District,floor area In the CH District,floor area
Distilleries above 15,000 square feet above 15,000 square feet
requires a Special Review,requires a Special Review.
.May include a tasting room May include a tasting room
that is less than or equal to that is less than or equal to
thirty percent of the total thirty percent of the total floor
floor area of the facility or area of the facility or one
one thousand square feet,thousand square feet,
whichever is greater.whichever is greater.
Attachment2:ZoneDistrictDefinitionsCDDowntownCommercialThiszonedistrictisestablishedtoprovideawidevarietyandrelativelyhighintensityofretailandcommercialserviceswithinDowntownEstesParktoservebothresidentsandvisitors.TheCDDistrictimplementsthe“CBD-CommercialDowntown”landusecategorysetforthintheComprehensivePlan.Thisdistrictisintendedtoencourageapredominanceofcompactandpedestrian-scaleretail,serviceandofficeusesintheDowntowncore.Residentialuses,especiallyemployeehousingorwhenmixedwithcommercialorretailuses,arealsoencouragedwithinthedistricttoprovidealternativehousingchoicesfortheValley’sworkforce.ItistheintentthattheDowntownmaintainitsfunctionastheValley’sfocalpointoftouristshoppingandentertainmentactivity.ThisareaisalsoakeyeconomicenginefortheTownofEstesParkandtheValley;therefore,futuresales-taxgeneratingusesarestronglyencouraged.Itisalsotheintentofthisdistrictthatnewdevelopmentdevelopinwaysintegratingandevenenhancingthequalitiesofthestreams,rivers,topographyandothernaturalassetsofthearea.COOutlyingCommercialZoningDistrictThiszoningdistrictisestablishedtoencouragethedevelopmentofawidevarietyofcommercialandretailusesalongthemajorcorridorentrywaysintotheValleyandtheTownofEstesPark.Thiszoningdistrictisestablishedtoimplementthe“Commercial”and“Commercial-Recreation”futurelandusecategoriesrecommendedintheComprehensivePlan.Thisdistrictshouldaccommodatethemajorityofthelarger,freestandingcommercialandretailbuildingstomeetfuturedemandinthecommunity.CHHeavyCommercialZoningDistrictThiszoningdistrictisintendedtoprovideforheavycommercialuses,includingvehiclerepairservices,constructiontradesandbulkgoodsretailing.ItshallbelimitedtoareaswithintheEstesValleythatalreadycontainsomeofthesetypesofheavycommercialuses,andshallnotincludeareasfrontingtheValley’shighwaysorarterialstreets.Permittedusesshallincludeutilityfacilitiesandinstallations,repairservices,bulkstorageandlimitedmanufacturing.Mostoftheseusesshallbepermittedbyright,butsubjecttospecificsizelimitations.Largerfacilitiesshallbesubjecttospecialreview.I-IRestrictedIndustrialZoningDistrictThiszoningdistrictimplementsthe“RestrictedIndustrial”landusecategoryrecommendedintheComprehensivePlan.Permittedusesshallincludearelativelywidevarietyofindustrialuses,asreflectedintheexistingmixofindustriallanduses,includingseveralconcrete/asphaltplants,propanedistributors,constructiontradeyardsandgravelminingandcrushingfacilities.However,todiscouragefutureconflicts,residentialusesshallnotbepermittedinthiszoningdistrict.Animportantelementofdevelopmentinthisindustrialzonedistrictshallbecompliancewithperformancestandardstoprotectadjacentusesfromadverseimpactsofindustrialdevelopment.
?WcMicro-Brewerles/Distlfterles/WineriesPublicMeetingsandCommentsMarch26,2014Thankyoutothosewhohaveprovidedcommentsontheproposedcodeamendmentsrelatingtomicrobrewerles,microdistillerlesandmicrowineries.TheTownofEstesParkheldtwoinformationalmeetingswereheldonMarch26,2014at12:00p.m.and5:30p.m.inTownHalltoexplainthecurrentregulations,howsomeothercommunitiesregulatetheseindustriesandtoreceivepublicInput.Nineteenindividualsattendedthe12:00p.m.meetingandfiveIndivIdualsattendedthe5:30p.m.meeting.AttendeesconsistedalmostexclusivelyofbusinessownersInthebrewery/distillery/wineriesindustries,entrepreneurswhowishtoestablishsuchabusinessinEstesParkandrecreationalbrewers.Overalltheconversationamongstaffandattendeeswasconstructiveandinformative.Staffposedaseriesofquestionstotheattendees.Belowarethespecificquestions,eachfollowedbysummarizedcomments.Atwhatpointdoesamicro-brewery/wInery/dIstIlIe,ygrowoutofItsfacilityandIsmoreappropriateforanIndustrialarea?Toprovidesomeperspective,belowisachartwhichshowsthelimitsformicrobrewerieswithinahandfulofcities.OnceanoperationreachesthisthresholdIt’sthenmoreappropriateforanindustrialzonedistrict(asopposedtoaretail/downtownarea).Aurora60000>FortCoHins15,0000._.Vail7,500roRapidCity5,000I+-.Time•EstesParkBreweryproducesroughly1,200barrelsperyear.•Largeroperationsmaynaturallygrowoutofdowntown,pedestrian-scaleareas.Theaudiencegenerallyagreedthathighdowntownrentandlackofavailablespace(e.g.loading,storage)wouldnaturallydrivelargeroperationstoheaviercommercialandindustrialareas.•Amicrobreweryretailsalesoperationwouldlikelybecappedat2,000—3,000barrelsperyear.•Breckenridgehasadowntowndistillerywithatastingroomthatstaffshouldvisit.PhilKlelsler,Plannerpkleisler@estes.org
Mlcro..Breweries/Dlstflleries/WineriesPublicMeetingsandCommentsMarch262014•Therewasconsiderablediscussionaboutthepurposeoftheseproductionlimits.Somecommunitiesapplyaproductionlimitfordowntownareasvs.Industrialarea,someregulatebysquarefootageofabuilding,whileothersmakenomentionofoperationallimits.ManycommunitiesdonotapplyproductionlimitstomlcrodistiUeriesormicrowineries,giventheiruniqueproduction/storagerequirements.Somemembersoftheaudienceexpressedconcernswithapplyingacaponproductionlimitsandsomecommentedthatproductioncapsshouldberegulatedbydistrict.Stillwillpresenta“menuofoptions”topolicymakers.DoyoufeelthatEstesParkshouldhavesmall-scaleandIndustrialoperationsoronlysmall-scaleoperations(“micro”)?•Thereappearedtobeageneralconsensusthatbothshouldbeallowed,withlargeroperationshavingatastingroomonsite.Thereasonforthiswastoallowlocalsmall-scaleoperationstoeventuallygrowintolargeroperations.•AmemberoftheEconomicDevelopmentBoardcommentedthattheseindustrieswillservicethecommunityandvisitors,doesn’tchangethefabricofthecommunity,producesalocalproduct,contributestothelocaleconomyandisappealingtoourtourismsector.•Itwasalsostatedthathavingbothwillhelpspurvibrancy.•Trucktrafficwouldnotbeoutofscalerelativetorestaurants.Arethereodorsornoisethatmaynegativelyaffectpropertyownersadjacenttobreweries/distIllerIes/wInerIes?•Noconcernswerenoted.•Distillers,particularlymicrodistillerles,whichareoftenbottledbyhand.•AnattendeeaskedIfstaffhavereceivednegativefeedbackfromnearbyneighborsoftheEstesParkBreweryorSnowyPeaksWinery.Staffwere/areunawareofanyconcerns.Doyouconsidercraftbrewing/dlstllllng/wlner’,operationstobeenvironmentallyfriendly?•Thegeneralconsensuswas“yes”.•Breweriesproducespentgrain.•Yeastcanberecycled(e.g.forhorses)•Therearebothorganic/naturalproductsandnon-organic/naturalproductsavailable(asinmostindustries).•Allindustrieswillcreatesomegreywater.StaffIsfollowingupwiththelocalsanitationdistrictsforanyconcerns/comments.•Oneoptionfordistillingiscalled“directfire”,asopposedtousingsteam.StaffisfollowingupwiththeFireMarshallforanyconcerns/comments.PhilKlelsler,Plannerpklelsler@estes.org
tvL;4)etcw’nF5PhilKleislerFrom:KateRusch<krusch@estes.org>SentTuesday,March25,201410:37AMTo:Planningcommdev;PhilKIelsierSubject:Fwd:ReminderProvideinputonproposedregulationsforbreweries,wineriesanddistilleriesHiPhil,pleaseseepubliccommentbelow..,thanks!KateRuschPublicInformationOfficerTownofEstesPark970-577-3701krusch@estes.orgwww.estes.orgLikeus:facebook.com/townofestesparkcoFollowus:twitter.comltownofestesparkFy4çmessageFrom:Dan<dtanton@verizon.ne>Date:Tue,MãI5,2014at9:32AMSubject:RE:Reminder:Provideinputonproposedregulationsforbreweries,wineriesanddistilleriesTo:krusch@estes.orgHiKate-iwon’tbeabletoattendthforums,butpleasepassontheinformationbelowtothepolicymakersforme.ThanksbPositionremicrobreweries/wineries/microdistilleriesinEstesPark1
shTrbeallowedandsupportedtocontinuetobroadennicbase,andhelpusobtainapositiveanddiverseeconomicfuture.From:kruschcestes.orp[maIlto:krusch)estes.ora1Sent;Tuesday,March25,20147:56AMTo:dtantonverizon.netSubject:Reminder:Provideinputonproposedregulationsforbreweries,wineriesariddistilleriesHavingtroubleviewingthisemail?ClickhereYouhaveexpressedanInterestinTownofEstesParknews-pleaseaddkruschestes.orotoyouraddressbooksowe’llbesuretolandinyourInboxiYoumayunsubscribeIfyounolongerwishtoreceiveouremails.IiDiDJ1ikeTOWNoIESTFSPARK,3.25.14Weighinonproposedlocalregulationsforbreweries,wineriesanddistilleries:TheTownwillhosttwopublicforumsWednesday,March26at12:00p.m.and5:30p.m.inRoom202atTownHall.ReadthecompletearticlePleasecontactmedirectlyIfyouneedmoreinformation.KateRuschPublicInformationOfficerTownofEstesParkP.O.Box12002
ForwardedmessageFrom:Hendren<nwhrrnnyldg@hotmail.com>DateTue,Mar25,2ö14at93OAMSubject:RE:Reminder:Provideinputonproposedregulationsforbreweries,wineriesanddistilleriesTo:“krusch(à)estes.or”<kruschaestes.org>Iamunableto’rtoallowmoreaMeries,wineriLKenHendren1351RiversideLaneP.O.Box2960EstesPark,CO80517720-323-3007
A41LZoningforSmalL-ScaLeAlcoholProduction:MakingSpaceforBrewpubs,Microbreweries,Microwineries,andMicrodistilleriesByDavidM.Morley,AICPIncommunitiesacrossthecountry,beertitanslikeSt.Louis-basedAnheuser-BuschandChicago-basedMillerCoorsarefacingstiffcompetitionfromahostoflocallyownedandoperatedcraftbreweries.2,5002,0001,500o1,000a)=0ThenumberofbrewersIshighertodaythanatanypointduringthe20thcentury.Inwe,sAss,U,B,dd,CbIomoMeanwhile,thereIsparallelgrowthincraftdistilleriesandsmall-volumewineries.Whilerenewedinterestinsmall-scalea’cohoproductionIsjustonefacetofthebuy-iocaimovement,ithasspecralrelevanceforplanningandzoningpractitioners,Historically,fewcommunltteshaveusedionlngtodrawdistinctionsbetweenacohotproductionfacilitiesofdifferenttypesands1zes.Morerecently,though,numerouslocalitleshaveaddedprovisionstotheirzoningcodesthatacknowledgethevarietyoralcohoproducers.Theprimarymotivationfortheseregulatorychanges.sadesiretomakespaceforsmallerproducerstooperateouts’deofdustrlaldistricts.Thetwomostcommonsmal-scatealcoho!productionusestoreceivespecialzoningattentionarebrewpubs(restaurantsccmblnedwithbreweries)andmicrobreweries(small-volumebrewerswithorwithoutonsitesales).Butreferencestomicrodistlilerles(smalvolumedistillerieswitho’withouton•sitesales)andmicrowinerles(small-volumewinerieswithouton-sitevineyards)arealsoontherise.Thepurposesorthisart’c.earetohighlightwhythegrowthinsmal-scalealcoholproductionmaymeritzoningchangesandtosummarizehowcommunitieshaveamendedtheircodestoadddefinitions,usepermissions,and,insomecases,additionalstandardstosanctionbrewpubsandmicroproducersTHEBOOMINSMALL-SCALEALCOHOLPRODUCTIONAccordingtotheBrewersAssociation,thetradegroupforsmallbrewers,asofJune2013therewere1,165brewpubsand1,221mcrobreweriesi-’theUnitedStates.Bywayofcomparison,Inthelate19705therewereonly89commercialbrewersofanytype(BrewersAssocIation2013).Thisboominsmall-scaleproductionhasspreadtospiritsandwinetooinApril2012Timereporteda400percentsurgeInrnlcrodlstilleresIntheIiSbetween2005and2012(Stelnmetz2012).AndaccordingtostatisticsmaintainedbytradepublisherWines&Vines,thenumberofwineriesproducingbetween1,000and5,000casesperyeargrew16,5percentbetweenAigustzoziandJanuary2014alone.ThesetrendshavesignificanteconomicdevelopmentImplicatIonsfor‘ocalitiesacrossthecountry.Inaddtlo’tosatisfy’gdemandforlocallyproducedbeer,wine,andspirits,mlcroproducersoftendistrbutetheirproductregionallyornational:y,bringingrewmoneyintotheirhostcommunIties.Furthermore,successfulbrewpubsandmlcroproduce’scanhelpenlivencommercialandmixedusedistrictsthatwouldotherwiseclearoutafterconventionalretailandofficehours.t’snosurprise,then,thatsomecommunitiesareactivelytryingtolurehigh-profilemicrobreweriesfromotherstates(Mcconnell2012).TNETROIIi3IEWIThREGULATORYSILENCEDespitetheexplosivegrowthInbrewpubsandnileroproducers,surprisinglyfewcommunitiesexplicitlysanctionsmallscalealcol-opro-126-YearBreweryCount(1887-2013)1890180019101920193019401950196019701980199020002010CZONINGICE3J4AMER(CANPtA)4NNC550CIAONpcge.
ductior,facilitiesthroughtheirzoningcodes.Withoutcleardefinitionsandusepermissions.planningstafforpublicofficialsareforcedtomakeadhocuseInterpretationsthatcandelayorevenpreventotheiwisedesirabledevelop.ment.ThisregulatorIsilencecreatesuncertaintyforbusinessownerslookingtomakelocationdecisionsandsecurefinancing,andItmayhavetheeffectofscaringawaypotentialapplicants.Finally,explicitdefinitions,usepermissions,andusc-specificstandardsallowcommunitiestoproactivelyaddressthepotentialnegativeeffectsofbrewpubsandmicroproducersonsurroundingareas,therebyminimizingfutureconflictswfthneighbors.Generallyspeaking,thereareIwobasicschoolsofthoughtaboutdefiningusesinzoningcodes.Somecommunitiesbytodefineeveryconceivablepotentialuse,whileothersrelyonusegroups(orcategories)withsimilaroperationalrequirementsandattendantcommunityeffacts.Thefirstmethodcanbringclarityandavoidsomelegaldisputesoverspecificuses,butitmaycreateunnecessarilycomplexreguiatlon5.ThesecondmethodispartofLargertrendawayfromproscriptiveuseregulations,asmanycommunitiesfocusmoreonaprescriptiveapproachtotheformofdevelopment.Inpractice,mostconventionalnewzoningcodesuseahybridoftheseapproaches,withbroadusecategories,suchashouseho’dlivingorgeneralretail,andspecificusedefinitionsforasmallsubsetofhigher-Impactormorecontentioususesundereachcategory.Mirroringthisbroaderconversationaboutthebestapproachtoclassifyinganddefininguses,communitiesthathaveaddedspecificdefinitionsforsmall-scalealcoholproductionfacilitiestotheirzoningcodesgenerallytakeoneoltwoapproaches.Elthertheydefinebrewpubs,microbrewerles,microdlstfllerles,andmicrowlneriesasdistinctuses,ortheydefineanumbrellatermthatencompassesmultipletypesofproductionfacilities.Communitiesthatdefinemicrobreweries,mlcrodistilieries,ormicrowineriesasdistinctusesoftenrelyonaproductionvolumethresholdtodistinguishbetweenthe“micro”and“conventional”versronofaparticularuse.Formlcrobrewerles,15,000barrelsperyearisacommonthreshold,whichcorrespondstotheAmericanBrewersAssociation’sdefinedlimitforamicrobrewery.Giventhattherearenocorespondngindustrydefinitionsformicrodistlileryandmlcrowinery,Itisperhapsunsurprisingthatthresholdsfortheseusesseemtovarymorefromplacetoplace.Whencommu&Vesdefinebrewpubsasadistinctuse,theIntentisusuallytodistinguishbetweenaccessory-andprimary-usebrewingfacilities.Mostcommunitiesstipulatethatbeerproductioninabrewpubmustbeaccessorytoabarorrestaurant,andmanycapthevolumeofbeerproducedannually(usuallylessthan15,000barrels).Furthermore,someJurisdictionsquantifythissubordinaterelationshipbyimiting‘epercentageoffoorareaorsatesattributabletotheb-ewerycomponentothebusiness.Oefiitionsforbrewpbbs,microbreweres,mirrodistlle’ies,andiicrowineriesoftenincludeanacknowledgmentthatthealcoholproducedwillbeconsumedbothon.andoff-site.For“micro”facilities,thepresumptionIstypicalythatonsiteconsumptionwiibeZON!NGAMPCAfPtANNIWGASSOCAOwpage3•1:.•Clearzoningstandards(orsmall-scalealcoholproductionfacilitiesbeginwithclearusedefinitions.f’
ExamplesofUseDefinitionsBewptxlo•Aretailestablishmentthatmanufacturesnotmorethan9,000barrelsofmaltliquoronItslicensedpremiseseachcalendaryear.(Aurora,Colorado)•Arestaurant-brewerythatsells25percentormoreofitsbeeron-site.Thebeerisbrewedprimarilyforsaleintherestaurantandbar.Thebeerisoftendispenseddirectlyfromthebrewery’sstoragetanks.Whereallowedbylaw.brewpubsoftensellbeerogoordistributetooff-siteaccounts.(BrewersAssociation)Arestaurantwithfacilitiesforthebrewingorbeerforon-siteconsumptionandretailsaleattherestaurant.Abrewpubmustderiveatleast40percentofitsgrossrevenuefromthesaleoffood.(Goodyear,Arizona)•ArestaurantfeaturingbeerthatIsbrewedon-site.(Memphis-ShelbyCounty,Tennessee)•Arestaurantthatbrewsbeerasanaccessoryuse,eitherforconsumptionon-sateorinhand-capped,seatedcontainersinquantitiesuptoone-halfbarrelsolddirectlytotheconsumer.Productioncapacityaslimitedto5,000barrelsofbeverage(allbeveragescombined)peryear.Theareausedforbrewing,bottling,andkaggingshaltnotexceed30percentofthetotalfloorareaofthecommercialspace.Abarrelisequivalentto31gallons.(Plainfleld,illinois)Microbrewery.•Asmallfacilityforthebrewingofbeerthatproduceslessthan15.000barrelsperyear.itmayoftenincludeatastingroomandretailspacetosellthebeertopatronsonthesite.(Asheville,NorthCarolina)•Anyestablishmentwheremaltliquorsaremanufacturedandpackagedon-oroff-premises.manufacturingmorethan9.000butlessthan6o,ooobarrelsofmaltliquoronItslicensedpremiseseachcalendaryear.(Aurora,Colorado)•Abrewerythatproduceslessthan15.ooobarrelsofbeerperyearwith75percentormoreofitsbeersoldoff-site,Microbreweriesselltothepublicbyoneormoreofthefollowingmethods:thetraditionalthree-tiersystem(brewertowholesalertoretailertoconsumer);thetwo-tiersystem(breweractingaswholesalertoretailertoconsumer);and,directlytotheconsumerthroughcarlyoutsorOn-sitetaproomorrestaurantsales.(BrewersAssociation)•Abrewery(formaltbeverages)thathasanannualnationwideproductionornotlessthanioobarrelsormorethanio,ooobarrels.(Missoula,Montana)•Theproductionofbeer,regardlessofthepercentageofalcoholbyvolume,inquantitiesnottoexceed5,ooobarrelspermonth,withabarrelcontaining31U.S.liquidgallons.(Nashville-Davidson,Tennessee)Nanobrewery•Theproductionofbeer,regardlessofthepercentageofalcoholbyvolume.inquantitiesnottoexceed1,250barrelspermonth.Ølashville-Davidson,Tennessee)Microdistillery:•Acombinationretail,wholesale,andsmall-scaleartisanmanufacturingbusinessthatproducesandservesalcoholicspiritsorfoodonthepremises.(PortTownsend.Washington)•Afacilitythatproducesnomorethan15,000gallonsperyearofspirituousbeveragesoa4rteandshallinctudeatastingroominwh4chguestsjcustomeesmaysampletheproduct.(FortCollins.Colorado)•Afacilitythatproducesalcoholicbeveragesinquantitiesnottoexceed35,000gallonsperyearandincludesanaccessorytastingroom.Atastingroomallowscustomerstotastesamplesofproductsmanufacturedon-siteandpurchaserelatedsalesitems.Salesofalcoholsmanufacturedoutsidethefacilityareprohibited,(Evanston.Illinois)(continuedonPage5)subordinatetooff-siteconsumption.Forbrew-pubs,theoppositeistrue.Communitiesthatdefineanumbrellatermformultiple“microfacilitiestendtostressspatialoroperationalfeaturesoverproductionvolumelimits.Insomeinstancesthismeansasquarefootagelimitonfacilitysizeortheproportionofafacilitythatcanbeusedforalcoholproduction,inotherinstances,therearenodefinedsizelimits,andtheusedefinitionsimplydescribesasetofoperationalcharacteristics(e.g.,alcoholproductionandsalesforon-andoff-siteconsumption).USEPERMISSIONSDefiningandregulatingsmall-scalealcoholproductionfacilitiesallowscommunitiestopermitsmallbreweries,distilleries,andwineriesinlocationsthatwouldbeinappropriateforconventional,large-scalefacilities.‘T,pically,thistranslatestopermittingbrewpubs,microbreweries,microdistilleries,andmicrowineriesInoneormorecommercialormixedusedistricts,eitherbyright,withministerialapproval,orsubjecttoadiscretionaryusepermit.Permittingausebyrightsendsaclearsignaltopotentialdevelopersandbusinessownersthattheuseisdesirableinacertainzoningdistrict.Thisapproachpresentsapplicantswiththefewesthoopstoumpthroughbeforeobtainingzoningapproval,butitisimportanttonotethatmostsmaii-sca;eproductionfacilitieswillstillbesubjecttostateorlocallicensingorpermittinglawsthatgoverntheproductionorsaleofalcoholicbeverages.Requiringaministerialapprovalforausecommunicatesthatthecommunityisgenerallysupportiveoftheuseinacertainzoningdistrict,butthissupportIsconditionaluponcompliancewithobjectivestandardsintendedtominimizenegativeimpactsonproximateuses.Thisapproacligivesplanningstaffanopportunitytore-viewanappLIcationbeforetrep:anningdirectororzoningadministratorissuesan“over-the-counper”permit,Often,communitiesuseministerialapprovalprocessestoconfirmthataparticularapplcatlonconformstouse-specificstandards(seeadditionastandardsdiscussiorbeow).PermIttingausesubjecttoadiscretionaryusepermit(oftenreferredtoasacondtional,special,orspecialexceptionusepermit)Indicatestnattheco’nmunityispotentiallysupportiveoftheuseinacertainzorqgdistrict,providedthespecificspatialandoperationalcharacteristicsoftheusedonotposecompatibilityproblemsDiscreionZONINGRC31CE,AMErICANPr.AamegIAssocrInoN.page4
myapprovalprocessesInvolveoneormorepublichearingsbeforethelocallegislativebody,planningcommission,orzoningboardrendersafinaldecisiononanapplication.Becausethelongerapprovaltimeframeandagreaterdegreeofuncertaintycandiscouragesomeapplicants.itisimportantforcommunitiestoreservediscretionaryusepermissionsforlocationsorcircumstanceswhereobjectivestandardsarelikelytobeinsufficienttoensurecompatibility.Sinceabrewpubtypicallyhasmoreincommonwitharestaurantthanafactory,manycommunitiespermitbrewpubseitherbyrightorwithministerialapprovalInawiderangeofcommercialandmixedusedistricts.Meanwhile,usepermissionsformicrobrewerles,microdistilieries,andmicrowineriesvaiyconsiderablyfromplacetoplace.Withthatsaid,though,manycitiesdopermitmicroproductionfacilitieseitherbyrightorwithministerialapprovalinatleastonecommercialormixedusedistrict.Furthermore,itisrelativelycommontopermitmicrobreweries,microdistilleries,ormicrowineriesbyrightinmoreintensecommercialormixedusedistrictsandsubjecttoadiscretionaryusepermitinlessintensedistricts.(Seethetableonpage6.)ADDITIONALSTANDARDSManycontemporaryzoningcodesiimitusepe-misslonswithuse-specificdevelopmentoroperationalstandards.BycodifyingaddItiona’standardsforspecificuses,thecommunitycanpermitawiderrangeofuseswithoutrelyingondiscretionaryusepermitstoensurecompatibility.insomecases,use-specificstandardsappyonlyIncertainzoningdistricts,whileinothercasesthestandardsapplycommunity-wide.Sofar,relativelyfewcommunitieshaveadoptedaddt1onaldeveopmentoroperationalstandardsforsmat-scalealcoholproductionfaciitIes.Amongthosethathave,themostcommonprovisionsrelatetooutdoorstorage,thesizeofthefacilityorvo’umeofproducton.loadingandunloading,andproximityeithertosensitiveusesortoothersimilarproducers.OutdoorStoragePerhapsthemostprevalenttypeofadditionalstandardsfo’brewpubsandmicroproducersarescreeningrequirementsorlimitationsontheamountofspacebisinessowrerscanusetostoreequipment,productionwaste,orproduct,insomecasesthesestandardstaketheformofanoutrightprohibitiononoutdoorstorage.Toillustrate,Covington,Kentucky.flatlyprohibitsalloutdoorequipmentandstorageforbrewpubsandmicrobreweries(6.a8.oa03).Meanwhile,DallaspermitsmicrobreweriesandmicrodistilleriestostorespentgrainoutsideInsilosorcontainers,providedthestorageisscreenedfromview(C5IA-4.21o(b)(4)(E)(ii)(cc))AndNovi,Michigan,prohibitsalloutdoorstorageforbrewpubsandmicro-breweries,withtheexceptionofstorageIntractortrailersforaperiodlessthan24hours(Z50i.t1.banda5oa.1a.b).Thetwobasicrationalesforstoragerestrictionsareaestheticsandpublichealth.Outdoorstoragecanbeanuninvitingeyesore,especiallyInpedestrian-orientedareas.Andleftunattended,productionwastemayproducefoulodorsandattractvermin.UseDefinitions(continuedfrompane4)aAnyplaceorpremiseswhereinanywinesorliquorsaremanufacturedforsale,nottoexceed5,000gallonsperyear,generallyreferredtoasacraft,boutique,orartisandistillery.Microdistilieriesmayormaynotincludeanon-sitetastingroom,andmayormaynotoperateinconjunctionwithanon-siterestaurantorbar.Foroperationofanon-sitetastingroomorinconjunctionwithanon-siterestaurantorbaradditionalpermittingmayberequired.Altrelevantfederal,state,andlocalregulationsapply,IncludingbutnotlimitedtoTCATitle57andMemphisCodeofOrdinancesTitle7.Foron•sltesalesbymanufacturercompliancewithTCA57-3-104applies.(Memphis-ShelbyCounty,Tennessee)MIC(OWInaty•Acombinationretail,wholesale,andsmall-scaleartisanmanufacturingbusinessthatproducesandserveswineandfoodonthepremises.(PortTownsend,Washington)•Afacilitythatproducesnomorethansoo,ooogallonsperyearofvinousbeverageson-siteandshallincludeatastingroominwhichguests/customersmaysampletheproduct.(FortCollins.Colorado)•Asmallwineproducerthatdoesnothaveitsownvineyard,andinsteadsourcesitsgrapeproductionfromoutsidesuppliers.Microwineriesproducewineforsaleon-oroff-site.Forthepurposesofthischapter,amicrowlneryisiimltedtoaproductionofnomorethan2.000barrelsperyear.On-siteconsumptionisnotallowed,otherthansampletastingbycustomersshoppingon-site.(Glenville,NewYork)Micmbrewery/mlcrodlstiliery/microwinery:aAfacilitywithnomorethan3,000squarefeetoffloorarea,fortheproductionandpackagingofalcoholicbeveragesfordistribution,retail,orwholesale,on-oroff-premisesandwhichmeetsallalcoholbeveragecontrollawsandregulations.(NewportNews,Virginia)•Anestablishmentforthemanufacture,blending,fermentation,processing,andpackagingofalcoholicbeverageswithafloorareaofio,ooosquarefeetorlessthattakesplacewhollyinsideabuilding.Afacilitythatonlyprovidestastingorretaitsaleofalcoholicbeveragesisnotamicrobrewery,microdistillery,orwineryuse.(Dallas)•Afacilityinwhichbeer,wine,orotheralcoholicbeveragesarebrewed,fermented,ordistilledfordistributionandconsumption,andwhichpossessestheappropnatelicensefromtheStateofMaryland.Tastingroomsfortheconsumptionofon-siteproducedbeer,wine,ordistilledproductsarepermittedonthepremises.(Denton,Maryland)•Anestablishmentwithaprimaryuseasatableservicerestaurantwherebeer,liquor,wine,orotheralcoholicbeverageismanufacturedonthepremisesinalimitedquantitysubordinatetotheprimarytableservicerestaurantuse.Thegrossfloorareautilizedinamlcrobrewery,microdistiltery,ormicrowineryfortheproductionofbeer,liquor,wine.orotheralcoholicbeverageshahbenogreaterthanthegrossfloorareautilizedfortheassociatedtableservicerestaurant.Amicrobrewery,microdistillery,ormicrowinerymayIncludesomeoff-sitedistributionofitsalcoholicbeveragesconsistentwithstatelaw.AtastingroomortaproommayexistInamlcrobrewery,microdistillery,ormicrowlnerywherepatronsmaysamplethemanufacturer’sproducts.(Wooster,Ohio)ZONING3.14WMR(ANPW4N:KOASSOCwiIONpo5e5
EXAMPLESOFDEFINEDUSESANDPERMISSIONSPeimittediOneorMoreMixedUseorCommercialDistrictsDensityByRightorStibjec:toSubjectto2010(pop./squareMinistetialDiscretionaryAddiHonalCmmntyStatePoatormiie9chnedUsesAppovatusePermitStanoerds-\sheviiieNC8ci.7’6moEvetyXK.§ibrewpjb§14o3-o8.4uElismarckND61.272i,n86microbreweryXBlooHngtonIN80,4053,472brcwpubK§20.05.089BJrtLngtonVT42,4174,116ml::‘b:v,erKXColumbiaSC129.272978micobrewecyX§17.290hrewpubK§6.28CovingtonKY4o,6ro3,079rnIcroorewerKm:odis:dleryK§6.28rnicrobrewery/DallasTX1,197,8163.518microdistillerv/Kwinerymicrobreery/DritcnMD4,418837microwinery/KrriicrodistillerymicrobreweryXKFortCxdirisCO143,9862,655microdistilleniKKmicrowineryXXGienvilleNY29.4808omKrobreweryXmicrowineryXC’oodyearAZ6s.?’t31bewpubK§4-2-15microbreweryX§4-2-16brewpubKK§2.6.3.GMemphis•ShelbyTN646,8892,053micrcbreweryKXmicrodistitteryXX§2.6.4.FMissoulaMT66,7882,428microbreweryKModestoCA201,1655.457microbrewery‘Kmicrobrewery/NewportNewsVA180,7192,630microdistillerv/microwneryXNoviMl55,2241,825brewp0KX§1501.11microbreweryXK§1501.12microbreweryXXPoitTowosendWA9,1131,306microdistilleryKmicrowineryKSt.PetersburgFl244,7693.964hrewpubXX§16.o.o45mrhwery,,§6.50.04microbrewery/WoosterOH26,1191.601microdistdlerv,’xmicrowirieryZONING344AMe1ICANPI.ANNMGASSOCIA1ONpnge6
FacilitySizeorVolumeofProductionSomecommunitiesuseadditionalstandardstorestrictthesizeofthefacility,scaleofproduction,ortherelationshipbetweenthealcoholproductionfacilityandcollocatedfoodorbeverageservice.ThisismostcommonIncodeswheretheusedefinitiondoesnotstipulateaspecificproductionlimitorthenatureoftherelationshipbetweenprimaryandaccessoryuses.However,communitiescanalsousethistypeofoperationalstandardtomodifydefinedlimitsorrelationshipsinlower-intensityzoningdistricts.Forexample,Asheville,NorthCarolina,limitsmicrobrewerlesto4.000squarefeetoffloorareaintwospecificofficedistricts(17-16-1(c)(43)a.3).Columbia,SouthCarolina,limitsmicrobreweryproductiontoi,ooobarrelsperyearinthreelower-intensitycommercialandmixedusedistricts(t7-29o(2)).AndNovi,Michigan,stipulatesthatnomorethan50percentofthegrossfloorspaceInabrewpubshallbeusedforbrewing(15o111.e).an.1nloadlngAfewcommunitieshaveadoptedadditionalstandardsstipulatingtheprovIsionorlocationot,oadngspacesorprohibitingdeliveriesduringcertainhours.Bothofthesetypesofdeiveryrestrictionscanhelpbrewpubsandmlcroproducersbebetterneighborsbymlriimizingtrafficcongestionoriimitingnoiseduringcertaintimesoftheday.Still,it’simportanttonotethatInsomepedestrlarr.orienteddistrictsItmaybeinfeasibleorundesirabletorequirededicatedtoadingspacesduetopremiumsonspaceorurbandesigngoals.Asoneexample,Asheville,NorthCarogina,stipuatesthatallmicrobreweriesmusthaveanoff-streetoralley-accessibleloadingdock(17.l6.(c)(43)a,4).Meanwhile,St.Petersburg,florida,discouragesmicmbreweryaccessandloadingfromstreetsandrequiresanystreet-facingloadingbaystokeeptheirdoorsclosedataltimes,exceptwhenactivelyIiuseThecityalsorestrictsservicetruckloadingandumoadingtothehoursbetween$a.m.and8p.m.,MondaythroughSaturday,andbetweenisa.ni.and7p.m.onSundaysandnationatho’idays(16.5o.o454—6).churches,orrequireaminimumseparationbetweensimilaruses.Forthefirsttypeofdistancingrequirement,therationaleIstolimitpotentialspillovereffectsonpropertieswherechildrencongregate.TherationaleforthesecondtypeofrequirementIstopreventanover-concentrationofbrewpubsormicroproducersInaspecificdistrict.Toillustrate,Novi,Michigan,requiresmicrobreweriestobeseparatedfromoneanotherbyatleast2,500feet(i5oa,12.h).AndBlsmarck,NorthDakota,requirespropertyownerconsentasaconditionofapprovalformicrobrewerieslocatedwithin300feetofatotlineforanyschool,church,library,orhospital(14-o3-o8.4.U.t).CONCLLJSIONWhenlocalitieschoosetodefineandregulatesmall-scalealcoholproductionfacilitiesasoneormoredistinctuses,itallowsthemtopermittheseusesinlocationsthatwouLdbeinappropriateforma)orIndustrialoperations.Bydoingso,communitiescansetthestagetocapitalizeontheeconomicandplacemakingbenefitsofbrewpubsandmicroproducers.Wit),thatsaid,theprecedingdIscussiononlyhintsatthevarietyofapproacheslocaliteshavetakentoregulatebrewpubs,microbreweries,microdistilleries,andmicrow.inerles.Furthermore,anumberofcommunitieswiththrivingcraftbrewnganddistillingscenes,suchasChicagoandPortland,Oregon,haveyettosingleoutsmai-scalealcoholproductionfacilitiesforspecialzoningtreatment.Othershavemadeaconsciousdecisiontominimizeuse-basedrestrictionsinfavorofprescriptivestandardsfortheformofdevelopment.However,communitiesthatdon’tthoughtfullyconsiderregulatoryalternativesforbrewpubsandmicroproducersruntheriskofbeingcaught“flat-footed”byanapplicationforanewfacilitythatmaybebeneficialtothecommunitybutIsinconsistentwithcurrentzoning.finally,aswithanysignificantpotentialzoningchange,Itcanbehelpfultotalktoothercommunitiesthathavetakenasimilarapproachtoseewhat’sworkingandwhatmightneedfurtherattention.And,ofcourseit’salwaysimportanttoreviewbothnewprovisionsandtheintentbehindthoseprovisionswithresidents,businessowners,andothercommunitystakeholdersbeforerecommendingortakingaction.2)13.“Numbe1Aailableatwww.brerstion.org/pagea/business.touls/craftngtatisticsnurnber-of.breweries.nell,),Katie.2022CitiesCourtCraftries.”CitiesSpeak.org,August9.‘athttp;)/citiesspeak.org/2o12ies-court-craft-breweries.“f.2012.“ABoozeofOne’sDistilleryBoom.”fine,Apriltp://business.time.corn:-dictiltprc.Asmallnumberofcommunitieshaveadopteddistancingrequirementsthateitherlimittheproximityofsmall-scalealcohoproductio9facilitiestosensittveuses,suchasschoolsorZONING3.14PMER•CANPi.ANNNCA5socwOp29’?