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HomeMy WebLinkAboutPACKET Town Board Study Session 2013-12-10 Tuesday, December 10, 2013 TOWN BOARD 4:30 p.m. – 6:30 p.m. STUDY SESSION Rooms 202/203 4:30 p.m. Trustee Comments & Questions. 4:35 p.m. Future Study Session Agenda Items. (Board Discussion) 4:45 p.m. Discuss Policy on Accepting Art, Gifts, Naming of Parks. (Administrator Lancaster) 5:15 p.m. Break for Dinner. 5:30 p.m. Municipal Court Fines & Court of Record. (Judge Brown & Attorney White) 6:00 p.m. FLAP Grant – Next Steps. (Administrator Lancaster & Director Zurn) 6:30 p.m. Meeting Adjourn. “Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 4:15 p.m.” AGENDA                December 10, 2013 January 14, 2014  Colorado Campaign Reform Act Briefing  Parking Structure Design Review February 11, 2013  Citizen Survey Discussion Items to be Scheduled  Review of Town Property Inventory  Discussion of the Fire District Agreement and Revenue Sharing  Town’s Role in Events  Senior Center/Museum Master Plan  Review of the Accelerated Development and Design Process Used for Parking Structure  Gooch Trust Discussion  Review Strategic Plan – Goals and Objectives  Committee Appointments/Definitions  Review Capital Investment Plan  Zoning Discussion  Strategic Planning – Issues and Plans Future Town Board Study Session Agenda Items TOWN ADMINISTRATOR Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: December 10th, 2013 RE: Public Art Donations, Memorials, naming streets and parks Objective: Accepting artwork for public display, naming or renaming roads or parks and accepting memorial items for individuals are all common request for public entities. Sometimes these items or request can be controversial or may not be compatible with the character of the community. The objective of this study session item is to have a discussion about the different issues that do arise from these items and how other communities have handled these issues. Present Situation: From time to time the Town is approached by groups or individuals wanting to donate a piece of public artwork, or sometimes some type of memorial for someone, such as a park bench or tree. Additionally occasionally someone proposes naming or renaming a street or public area after an individual. Currently we have no guidelines or directions on what is acceptable and appropriate for the Town of Estes Park. Recently we have accepted the large metal columbine that is installed in Peacock Park, installed several memorial benches along the Riverwalk and the Board approved the renaming of Riverside Park after George Hix. Proposal (including budget if applicable): No proposal – discussion item only Advantages:  Having clear guidelines for naming, memorials and acceptance of public art will make donations simpler for prospective donors  Having clear guidelines may head off controversial requests before they are made. Disadvantages:  Some artwork or memorials or naming request may be denied.  Determining the artistic merit and compatibility of specific pieces of art is subjective Level of Public Interest Moderate Additional information attached Below is a brief outline of what might be included in a public arts policy, including samples of how other communities have addressed each of the following key components.  Arts Committees  Definitions  Goals of an Art in Public Places Program  Artwork Selection Guidelines  Artwork Site Selection Guidelines  Maintenance and Conservation  Memorials  Street Naming Conventions  Parks, buildings and other public facilities naming  Arts Committees – Review donated and acquired artworks for inclusion in the community.  Loveland – visual arts committee  Minneapolis - Art Commission  Fort Collins – Art in Public Places Board  San Diego Port Authority – Public Art Committee  Estes Park – Recommend using our Parks Board. (Formerly the Tree Board)  Definitions  Work of art or artwork includes, but is not limited to, a sculpture, monument, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving and stained glass. Work of art would normally not include landscaping, architectural ornamentation or signs.  Goals  Loveland  To enrich the public environment for both residents and visitors to the area through the incorporation of the visual arts  To nurture and enhance the attractiveness of our community  To enable Loveland to attain recognition on a state and national level as a leader in the visual arts  To increase public access to works of art and to promote understanding and awareness of the visual arts in the public environment  To promote diversity and pluralism in art in public places and to reflect as wide a range of multi-cultural expression as possible  To contribute to the civic pride of our community  To continue to support the efforts to develop Benson Park as a sculpture park of national significance  Minneapolis  Artistic Goals  Stimulate Excellence in Urban Design and Public Art  Value Artists and Artistic Processes  Community Goals  Enhance Community Identify and Place  Involve a Broad Range of People and Communities  Resource Goals  Contribute to Community Vitality  Use Resources Wisely  to foster development of the arts;  to stimulate participation in and appreciation of the arts by all city residents;  to encourage cooperation and coordination between artists and the various arts;  to seek financial support for the arts;  to act as an advocate for the arts before private and public agencies;  to advise the city council with respect to arts related matters;  to strive for high standards of quality in the arts; and to represent the arts whenever possible.  Art Work Selection Criteria  Loveland  Conceptual compatibility of the design with the immediate environment of the site  Appropriateness of the design to the function of the site  Preservation and integration of natural features for the project  Appropriateness of the materials and design (texture, color, line, shape and value) to the expression of the artist's concept  Representation of a broad variety of tastes within the community and the provision of a balanced inventory of Art in Public Places to insure a variety of style, design and media throughout the community  Permanence of structural and surface components  Art as a communicative function  The AIPP fund shall not be used for:  Reproductions or unlimited editions of original work  "Art Objects" that are mass-produced  Works that are decorative, ornamental or functional elements of the architecture landscape design, except when commissioned from an artist or as an integral aspect of a structure or site  Architectural rehabilitation or historical preservation, although works may be acquired in connection with such projects  Fort Collins  Artistic excellence and technical competence in the medium selected.  Relevancy to the Fort Collins community or environment in which it will be placed.  Creation of a balanced inventory of Art in Public Places to ensure a variety of style, design, media, and cultural diversity throughout the community.  Suitability of the work of art to the site, including form, content, scale and materials.  Evaluation of the proposed materials in regard to structural and surface integrity, protection against theft, vandalism, and weather.  Safety and maintenance considerations.  San Diego Port Authority  Artistic excellence and innovation;  Appropriateness of the artwork to the project/site in terms of scale, form, content, and materials;  Safety of the artwork;  Durability of the artwork relative to theft, vandalism and the environment;  Demonstrated community support;  Publicly visible;  Publicly accessible;  Accurate budget;  Short and long-term maintenance and conservation requirements are defined;  Maintains a variety of style, medium, size, and type for District collection;  Ability of the artist to work closely and compatibly with the project architect(s), engineers, commissions, committees. District staff, and community members; and  Selection of the artwork is subject to the artist(s) completing a contract as set forth by the Port Attorney.  Site Selection Criteria  Loveland  Relationship of art work and site shall be considered in terms of the physical dimensions, social dynamics, local character and surrounding context of the site, existing or planned  The visibility of the site by the general public  Public safety  Helps to improve the design of an area by emphasizing a particular location through landmarks, gateways and/or linkages to other parts of the community  Interior and exterior vehicular and pedestrian traffic patterns  Site design including landscaping, drainage, grading, lighting and seating considerations  Relationship of proposed artwork to existing artworks within the site vicinity  Environmental impact such as noise, sound, light and odor  Public accessibility to the art work, particularly handicap access  Impact on adjacent property owners' views Impact on operational functions (snowplowing, etc.,) of the City The possibility of vandalism  The cost of development  Compatibility of the design and location with the historical character of the site  Fort Collins  Relationship of artwork to the physical dimensions, social dynamics, local character and surrounding context of the site, existing or planned.  Visibility and accessibility of the site to the general public, including access by persons with disabilities.  Public safety.  Interior and exterior vehicular and pedestrian traffic patterns.  Site design including landscaping, drainage, grading, lighting and seating considerations.  Relationship of proposed artwork to existing art works within the site vicinity.  Environmental impact such as noise, light and odor.  Impact on adjacent property owners (views, etc.).  Impact on operational functions (snow plowing, etc.) of the City.  Possibility of vandalism.  Cost of development/installation.  Compatibility of the design and location with the historical character of the site.  San Diego Port Authority  Artwork shall be located in an area specifically designated for such purpose. Installation of the artwork shall be planned and implemented to enhance the work and allow for unobstructed public viewing from as many points of view as possible. Potential obstruction of growing trees, shrubbery, or future construction shall be taken into account. The artwork shall be a permanent, fixed asset to the property.  Maintenance and Conservation  Minneapolis  Artworks are assessed regularly  Artworks have maintenance plans  Only sustainable artworks are developed and maintenance is considered during the design phase  Clarify whether landscaping is part of the artwork or supplemental  Artworks are assigned life spans  Maintenance and conservation is funded by the entity who commissioned the work  Volunteers cannot be expected to maintain artworks for their entire life span  Any repair must be done in consultation with Public Arts Administrator  Arts Commission is final authority in conservation  Memorials  Fort Collins – Memorial Bench and Tree programs  Max allowable plaque is 5”x11”  Naming of Streets and Parks Collateral – Loveland Art Handbook CITY OF LOVELAND visual arts commission CITY OF LOVELAND IN PUBLIC PLACES handbook of guidelines 02 / ART IN PUBLIC PLACES 3 Introduction 5 City Ordinances 11 Acquisition Policy 17 Donation Policy 21 Deaccessioning Policy 23 Maintenance Policy 27 Right of Way Policy 31 Commission & Contact ART IN PUBLIC PLACES / 03 INTrODuCTION Loveland made an early commitment to the arts by becoming the first City in Colorado to adopt an Art In Public Places Ordinance in 1985. Numerous community volunteers have participated in events that have supported the arts for the past 26 years. It has truly been a grassroots effort. The vision, hard work and collaborations of Loveland residents and organizations have created a large, diverse public art collection that creates a sense of place, provides a unique identity and serves as an economic driver. Public art is meant to be encountered as we carry on our daily lives—on the way home or to the grocery store; in front of a bank; in a neighborhood; in parks; and in many unexpected places. The underlying goal of the policies in this book is to enhance our public spaces. 04 / ART IN PUBLIC PLACES ART IN PUBLIC PLACES / 05 1 city ordinances City ordinances 3214 and 3227 establish the Art in Public Places program and the Visual Arts Commission. These ordinances have been in place since 1985 and have been instrumental in establishing Loveland as a model of public art in Colorado. 06 / ART IN PUBLIC PLACES Section 12.60.010 PurPOsE The purpose of this chapter is to provide a means to fund the acquisition of works of art by the city, which shall become the city’s collection, to provide a means to select works of art for the collection, to provide for the display of the collection and to provide for the maintenance and repair of the works of art in the collection. (Ord. 3214 § 1 (part), 1985) Section 12.60.020 DEFINITIONs For the purpose of this chapter the following words or phrases shall be defined as set out below: A. “Art in public places” means any visual work of art displayed for two weeks or more in an open city- owned area, on the exterior of any city-owned facility, inside any city-owned facility in areas designated as public areas, or on non-city property if the work of art is installed or financed, either wholly or in part, with city funds or grants procured by the city. B. “Commission” means the visual arts commission created and codified in Section 2.60.260 of this code. C. “Construction cost” means actual cost of any construction project with an estimated construction cost of fifty thousand dollars or more, excluding, however, engineering and administrative costs, costs of fees and permits and indirect costs, such as interest during construction, advertising and legal fees. D. “Construction project” means the construction, rehabilitation, renovation, remodeling, equipping or improvement of any building, street, park, utility line or other public improvement by or for the city, including all associated landscaping, parking and the like, but excluding any improvements made by any special improvement district and any other improvements excepted by the city council from the requirement of Section 12.60.030 of this chapter after a public hearing thereon. E. “Reserve account” means the art in public places reserve account established by this chapter. F. “Work of art” includes, but is not limited to, a sculpture, monument, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving and stained glass. Work of art would normally not include landscaping, paving, architectural ornamentation or signs. (Ord. 3214 § 1 (part), 1985) Section 12.60.030 FuNDs FOr wOrks OF ArT There shall be included in all estimates of necessary expenditures and all requests for authorizations or appropriations for construction projects an amount for works of art equal to at least one percent of the construction cost. If any project is partially funded from any source which precludes art as an object of expenditure of funds, then this section shall apply only to the amount of funds not so restricted. All funds set aside CITY OF LOVELAND OrDINANCE 3214 ChAPtEr 12.60 Art in Public Places ART IN PUBLIC PLACES / 07 for works of art shall be paid into the reserve account. (Ord. 3214 § 1 (part), 1985) Section 12.60.040 ACCOuNT EsTAbLIshED There is established a reserve account within the general fund-capital to be known as the art in public places reserve account. Such reserve account shall be credited with such funds as determined by the city council and with all funds received by the city for visual art in public places, whether contributed, earned, secured through grants or otherwise obtained. Moneys credited to such account shall be expended only for acquisition of works of art, maintenance and repair of works of art and expenses of administration of this chapter. (Ord. 3214 § 1 (part), 1985) Section 12.60.050 ADmINIsTrATION The visual arts commission shall administer the provisions of this chapter relating to acquisition of works of art and display. The Loveland Museum/Gallery shall provide administrative support and assistance to the commission as necessary to accomplish the purposes of this chapter, and shall be reimbursed for actual expenses incurred as expenses of administration. The commission shall submit, not later than March of each year, a report of its activities for the prior year. (Ord. 3214 § 1 (part), 1985) Section 12.60.060 GuIDELINEs The commission shall adopt guidelines: A. To identify suitable art objects for city buildings; B. To facilitate the preservation of art objects and artifacts that may be displayed in public places; C. To prescribe a method or methods for competitive selection of art objects for display; D. To prescribe procedures for the selection, acquisition and display of art in public places; and E. To set forth any other matter appropriate to the administration of this chapter. (Ord. 3214 § 1 (part), 1985) Section 12.60.070 sELECTION & DIsPLAY sTANDArDs In performing its duties with respect to art in public places, the commission shall give special attention to the following matters: A. Conceptual compatibility of the design with the immediate environment of the site; B. Appropriateness of the design to the function of the site; C. Compatibility of the design and location with a unified design character or historical character of the site; D. Creation of an internal sense of order and desirable environment for the general community by the design and location of the work of art; E. Preservation and integration of natural features for the project; F. Appropriateness of the materials, textures, colors and design to the expression of the design concept; and G. Representation of a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to insure a variety of style, design and media throughout the community. (Ord. 3214 § 1 (part), 1985) Section 12.60.080 DIsPLAY OF ArT IN PubLIC PLACEs A. Works of art selected and implemented pursuant to the provisions of this chapter may be placed in, on or about any public place or, by agreement with the owner thereof, any private property with substantial 08 / ART IN PUBLIC PLACES public exposure in and around the city. Works of art owned by the city may also be loaned for exhibition elsewhere, upon such terms and conditions as deemed necessary by the commission. City officials responsible for the design and construction of public improvements in the city shall make appropriate space available for the placement of works of art, in consultation with the commission. The commission shall advise the department responsible for the particular public improvement of the commission’s decision regarding the design, execution and placement of work of art in connection with such project. For any proposed work of art requiring an extraordinary operation or maintenance expense, the commission shall obtain prior written approval of the department head responsible for such operation or maintenance before approving the same. B. All art in public places shall receive the prior review and approval of the commission. None shall be removed, altered or changed without the prior review and approval of the commission. C. No work of art financed or installed either wholly or in part with city funds or with grants procured by the city shall be installed on privately owned property without a written agreement between the commission, acting on behalf of the city, and the owner specifying the proprietary interests in the work of art and specifying other provisions deemed necessary or desirable by the city attorney. In addition, such written agreement shall specify that the private property owner shall assure: 1. That the installation of the work of art will be done in a manner which will protect the work of art and the public; 2. That the work of art will be maintained in good condition; and 3. That insurance and indemnification will be provided as is appropriate. D. Installation, maintenance, alteration, refinishing and moving of art in public places shall be done in consultation with the artist whenever feasible. E. The director and the Loveland Museum/Gallery shall maintain a detailed record of all art in public places, including site drawings, photographs, designs, names of artists and names of architects whenever feasible. The director shall attempt to give appropriate recognition to the artists and publicity and promotion regarding art in public places. (Ord. 3214 § 1 (part), 1985) Section 12.60.090 OwNErshIP All works of art acquired pursuant to this chapter shall be acquired in the name of, and title shall be held by, the city. (Ord. 3214 § 1 (part), 1985) Section 12.60.100 ExEmPTIONs The following are exempt from the provisions of this chapter: A. All works of art in the collections of, or on display at, or under the auspices of, the Loveland Museum/ Gallery and the Loveland Public Library; and B. All works of art in display in private city offices or other areas of city-owned facilities which are not generally frequented by the public. (Ord. 3214 § 1 (part), 1985) ART IN PUBLIC PLACES / 09 CITY OF LOVELAND OrDINANCE 3227 SECtION 2.60.280 Visual Arts Commission There is established a visual arts commission. It shall consist of seven members appointed by the council who shall serve without compensation. The members shall serve for periods of three years each, except that the initial terms of two of such members shall expire on December 31, 1986, the initial terms of two such members shall expire on December 31, 1987, and the initial terms of three such members shall expire on December 31, 1988. All members shall be eligible for reappointment. The members shall be citizens who are actively interested in the visual arts and civic improvement. The director of the Loveland Museum/ Gallery and a member of the council shall serve as ex officio and nonvoting members. The function of such commission shall be to perform the duties set forth in Chapter 12.60 of this code, pertaining to the city’s art in public places program. (Ord. 4211 § 1, 1996: Ord. 4168 § 4, 1996: Ord. 3227 § 1, 1985) 010 / ART IN PUBLIC PLACES ART IN PUBLIC PLACES / 011 2 aquisition policy There’s something for everyone in the public art collection. On City streets or in City buildings, a panoply of art graces our community. 012 / ART IN PUBLIC PLACES bACkGrOuND AND DEFINITIONs This policy provides a framework for acquiring works of art through the Loveland Art in Public Places Program (AIPP).1 The Visual Arts Commission (VAC) is responsible for the acquisition and maintenance of such art. The VAC’s ambition for Loveland’s public art collection is for the collection to represent Loveland’s significance as, and aspiration to be even more so, an artistic community. For purposes of this policy, Art in Public Places is defined as any visual work of art displayed for two weeks or more in (1) an open City-owned area, (2) on the exterior of a City-owned facility, (3) in the interior of a City-owned facility (in public areas), or (4) on non-City- owned property if the work of art is installed or financed (either wholly or in part) with City funds or grants obtained by the City. The terms work of art and artwork include, but are not limited to, a sculpture, monuments, murals, frescos, reliefs, paintings, fountains, banners, mosaics, ceramics, ACQUISItION Policy weaving, carving, electronic media or stained glass. They would not normally include landscaping, architectural ornamentation, or signs. PrOGrAm GOALs The principal goals of the Loveland AIPP Program are: 1. To enrich the public environment for residents and visitors through the incorporation of the visual arts; 2. To nurture and enhance the attractiveness of the Loveland community; 3. To enable Loveland to attain recognition on state and national levels as a leader in the visual arts; 4. To increase public access to works of art and to promote understanding and awareness of the visual arts in the public environment; 5. To promote diversity and pluralism in public art and to reflect a wide range of multi-cultural expression; 6. To contribute to the economic vitality, quality of life, and civic pride of the Loveland community; and 7. To continue to support efforts to develop Benson Park Sculpture Garden as a sculpture park of national significance.2 1 In November, 1985, ordinances 3214 and 3227 were passed to provide a means to fund the acquisition of works of art by the City, which shall become the City’s collection, to provide a means to select works of art for the collection, to provide for the display of the collection and to provide for the maintenance and repair of the works of art in the collection. Under the ordinances, 1% of the construction cost of each City project, with costs of $50,000 or more, is placed in a reserve account for Art in Public Places (AIPP). A commission consisting of seven members, appointed by the City Council, administers the AIPP Program. For more information, see pages 4 – 7. ART IN PUBLIC PLACES / 013 2 The VAC recognizes that works of art often significantly alter public places, becoming a major new presence in the environment. In recent decades, visual art has rapidly evolved and diversified, creating at times a gap between visual art and its appreciation by the general public. The program shall endeavor to bridge this gap, by broadening community awareness of the issues involved in visual art and its historical context, and encouraging informed debate among all segments of the community. 3 The AIPP fund shall not be used for: 1) Reproductions or unlimited editions of original work; 2) Objects that are mass- produced; 3) Architectural rehabilitation, or historical preservation; or 4) Other works deemed inappropriate for the collection. TYPEs OF sELECTION Selection of an artwork may be VAC, or otherwise, initiated.3 This policy applies to both. An additional Donation Policy applies to donations. Direct Purchase: The VAC may purchase existing artwork from an artist/owner in unique circumstances (e.g. when the price presents an economic advantage) or to meet one of the AIPP program goals. The VAC may approach an artist or an artist may approach the VAC. Artists who have finished work that they wish the VAC to consider for purchase should submit the following to the VAC: 1. A proposal sheet with the artist’s name, title of the artwork, dimensions, medium, date produced, price, location, number of reproductions, restrictions on reproduction, and other information the artist deems pertinent. 2. A resume and references. 3. A maquette and/or images or the actual work for review. (Images can be provided electronically or by hard copy and should show all sides and provide the proper scale of the work). 4. A cover letter explaining why the work should be added to the City’s public art collection. 5. A conservation assessment describing the artwork’s condition, along with a maintenance plan. (The plan should include an explanation of the expected life span of the work while placed in a public environment, specifying the type of environment in which the artwork may be placed. It should also discuss whether the artwork may be prone to vandalism and how the effects of any vandalism may be mitigated; it should be authored by the artist or a qualified conservator.) 6. The VAC may request additional information. The VAC typically reviews direct purchases twice per calendar year; however, exceptions can be made if deemed appropriate by a majority of the Commission. Open Competitions: Competitions are open to artists within the geographic limits and other specifications set by the VAC (which vary from competition to competition). The VAC strives to maintain balance between competitions involving local artists only and artists from a larger area. The VAC process for competitions is typically as follows: 1. The VAC provides a project description, budget, time schedule, and summary of duties and obligations; 2. The artist shall provide a maquette and site drawing (if appropriate), design, concept statement, budget, photographs, resume and references. 3. Proposals shall be considered by the jury and a final choice or choices will be presented to the VAC for acceptance. Jury composition varies and is determined by the VAC, but juries typically include a representative(s) from the designated site and VAC representatives. 014 / ART IN PUBLIC PLACES 4. Entry materials will be returned to the artist only if appropriate packaging, postage and insurance are included with the entry by the artist. The names of selected artists may be obtained from the Public Art/ Business Services Manager. ArTIsT sELECTION CrITErIA When evaluating the possibility of working with a particular artist, the VAC generally considers: • The artist’s experience with public art projects; • The ability of the artist to work cooperatively and effectively with stakeholders; • The artist’s presentation; • The technical feasibility of a proposed project and the artist’s technical ability; and • Other factors deemed by the VAC to be important. ArTwOrk AND sITE sELECTION The VAC is charged with selecting artwork for capital projects (designated sites) and for selecting sites for purchased or donated artwork. In both cases, the VAC generally considers the following criteria in matching an artwork with a display site. Display Standards: 1. Conceptual compatibility of the design with the immediate site environment; 2. Appropriateness of the design to the function of the site; 3. Compatibility of the design and location with a unified design character or historical character of the site; 4. Creation of a desirable environment for the general community by the design and location of the work of art; 5. Preservation and integration of natural features for the project; 6. Appropriateness of the materials and design to the expression of the artist’s concept; 7. Representation of a broad variety of tastes within the community and the provisions of a balanced inventory of art in public places to ensure a variety of style, design and media throughout the community; 8. Visibility and accessibility; 9. Public safety; 10. Car and pedestrian traffic patterns, and other Right of Way considerations; 11. Site design: landscaping, irrigation, drainage, grading, lighting and seating; 12. Environmental impact such as noise, sound, light and odor; 13. Impact on operations functions of the City; 14. Compatibility with the site function; 15. Susceptibility to vandalism; 16. Costs of site preparation; 17. Existing artworks in the site area; 18. Impact on adjacent property owners; and 19. Any other criteria deemed by the VAC to be important. DEPArTmENT INPuT Whether (1) working to select artwork for a designated site, or (2) selecting a site for an already acquired artwork, the VAC strives to get input from relevant City departments. Relevant departments will typically be either (1) a department receiving artwork for its building/grounds, or (2) a department whose general responsibilities will be materially impacted by the placement of artwork at a particular site. The Cultural Services Director will contact the director of a relevant department(s) to discuss potential sites and will invite the director to serve on any formal selection committee. The VAC encourages participation by the relevant department director. Selection processes, ART IN PUBLIC PLACES / 015 which are determined by the VAC, vary by project. The Cultural Services Director will ask the director of the relevant department to provide any concerns he or she has about the sites and/or their impact on department operations before a selection process begins. POsT-sELECTION PrOCEss Once a site has been selected, an installation plan will be developed by the Cultural Services Staff with input from the artist, donor, and contractor when appropriate. After installation, the designated representative(s) of the VAC and the relevant department director will meet to inspect the site. At the time of an acquisition, whether by donation or purchase, the proposed budget for an artwork should cover costs of installation, which may include (1) plinths or other display components; (2) site development; and (3) an identification plaque. CONTrACTs Following the final selection of an artwork or artist, a written contract shall be prepared by the Cultural Services Staff and approved by the City Attorney. Executed contracts shall be filed with the City Clerk. PubLIC DIsCLOsurE Currently, VAC meetings are held on the second Thursday of each month at 5:00 p.m. in the conference room of the Loveland Museum/Gallery, unless a special meeting is called. VAC meetings are posted according to City regulations and are open to the public. VAC agendas and minutes are provided to the Loveland Daily Reporter-Herald to facilitate public input. Generally, a legal notice, including a photograph of the proposed donation is run in the newspaper to allow citizen comment. Feedback received is provided to the VAC prior to the second and final reading regarding the proposed installation. Under some circumstances, second reading may be waived. 016 / ART IN PUBLIC PLACES ART IN PUBLIC PLACES / 017 3 donation policy Donations have become the hallmark of Loveland’s public art collection—primarily through the Loveland High Plains Arts Council purchases for Benson Sculpture Park. Approximately 72% of the collection has been acquired through generous donations from arts organizations, artists and private donors. 018 / ART IN PUBLIC PLACES bACkGrOuND AND DEFINITIONs The City of Loveland’s collection of more than 330 public works of art consists in large part of donations from arts organizations and private parties. Needless to say, donations are an important part of the collection. The Loveland Art in Public Places (AIPP) program has limited funds for administration, protection and maintenance. Likewise, there are a limited number of suitable municipal sites appropriate for the installation of artwork. To ensure the quality of the collection, the City’s Visual Arts Commission (VAC) uses the guidance in this policy to decide whether a proposed donation is appropriate for addition to the City’s collection. The VAC accepts only those works that will, in its discretion, further the goals of the AIPP program. PrOCEss FOr CONsIDErATION The VAC requests that individuals or entities interested in donating an artwork follow these steps: 1. Submit a complete official donation application to the Loveland Public Art/Business Services Manager. This form may be obtained from the City website or from the Public Art/Business Services Manager. 2. Provide a maquette and/or images or the actual work for review. Images can be provided electronically or by hard copy and should show all sides and provide the proper scale of the work. 3. Include a cover letter explaining that you are offering the artwork to the City as a gift and explain why DONAtION Policy the work should be added to the City’s public art collection. 4. Provide a copy of the artist’s resume or biography; information about the artist’s significance; and digital images showing a sampling of the artist’s work. 5. Provide information about the artwork’s provenance, exhibition history, and a current estimate of value. Include a letter of authenticity from the artist, if possible. 6. Provide a conservation assessment describing the artwork’s condition, along with a maintenance plan. The plan should include an explanation of the expected life span of the work while placed in a public environment, stipulating the type of environment (interior/exterior) in which the artwork may be placed. The plan should also discuss whether the artwork may be prone to vandalism and how the effects of any vandalism may be mitigated; it should be authored by the artist or a qualified conservator. 7. The VAC may request additional information. Funds to maintain artworks in the City’s collection are limited. Therefore, when accepting a gift into the City’s collection, the VAC may require that the donor sign a maintenance agreement or establish a maintenance endowment to ensure an adequate quality of care for the artwork. The Commission is unlikely to consider any donation that requires immediate or extensive maintenance. ART IN PUBLIC PLACES / 019 The VAC typically reviews gifts twice per calendar year (in January and July); however, exceptions can be made if deemed appropriate by a majority of the Commission. After review, the VAC may choose to accept or decline a gift, or to table an offer. rEVIEw CONsIDErATIONs In reviewing a potential donation, the VAC typically considers the information requested above, as well as aesthetic quality (including craftsmanship), compatibility with the City’s existing public art collection, and budget. The VAC may consider other factors contained in its Acquisition Policy. PubLIC DIsCLOsurE Currently, VAC meetings are held on the second Thursday of each month at the Loveland Museum/ Gallery, unless a special meeting is called. VAC meetings are posted according to City regulations and are open to the public. VAC agendas and minutes will be provided to the Loveland Daily Reporter-Herald to facilitate public input during the process and a copy of the minutes will be sent to those who present a proposal. Generally, a legal notice, including a photograph of the proposed donation will be run in the newspaper to allow citizen comment regarding the donation. bENsON PArk sCuLPTurE GArDEN & musEum PLAzA sCuLPTurE GArDEN The disclosure process described above may be modified by the VAC for artworks acquired for placement in the Benson Park Sculpture Garden or the Museum Pod Sculpture Garden. 020 / ART IN PUBLIC PLACES ART IN PUBLIC PLACES / 021 4 deaccessioning policy Occasionally a piece of art needs to be removed from the public art collection (deaccessioned). 022 / ART IN PUBLIC PLACES INTrODuCTION Deaccessioning is a procedure for withdrawing a work of art from the City of Loveland’s public collection The Loveland Visual Arts Commission (VAC) is responsible for deciding whether any piece(s) should be deaccessioned. Deaccessioning occurs only for good reason, in the VAC’s discretion. bAsIs FOr DEACCEssIONING The VAC may deaccession an artwork for one or more of the following reasons: • The artwork endangers public safety; • The artwork has been determined to be in unsatisfactory condition; • The artwork lacks a suitable display site; • The condition or security of the artwork cannot be reasonably guaranteed where located; • The artwork is attached to a structure slated for destruction, remodeling or repair (so that it is not practical to keep the artwork); • The artwork is or has become incompatible with the rest of the collection; • The City wishes to replace the artwork with a piece of more significance by the same artist; • The artwork requires excessive maintenance or has faults of design or workmanship. • The artwork is fraudulent or not authentic; • The City cannot properly care for or store the artwork; or DEACCESSIONINg Policy • For any other reason articulated by the VAC, in its discretion. PrOCEss/DIsPOsITION The VAC will review the pieces in the City’s Art in Public Places collection - at least every five years - to determine whether any piece(s) should be deaccessioned. In addition, the City reserves the right to deaccession an artwork at any time deemed appropriate by the VAC. Deaccessioning may only be considered during a monthly or a special meeting of the VAC. A majority of commissioners in a quorum must approve deaccessioning for two consecutive votes. After the first vote, a public announcement of the plan to deaccession must be made to permit public input prior to the second vote. After the second vote, the artwork shall be officially deaccessioned from the City collection. The VAC may consider the following options for disposition of a deaccessioned artwork: 1. Return to the artist; 2. Sale or trade; 3. Destruction (which shall be reserved for works deteriorated or damaged beyond reasonably-priced repair); 4. Donation; or 5. Any option deemed appropriate by the VAC. ART IN PUBLIC PLACES / 023 5 maintenance policy The City is committed to the documentation, preservation, and maintenance of this collection. The Visual Arts Commission (VAC) is responsible for this process. 024 / ART IN PUBLIC PLACES MAINtENANCE Policy GOAL The goal of the Public Art Maintenance Policy is to maintain the City’s collection of publicly owned artwork to ensure Loveland citizens’ long-term enjoyment of the collection. The Public Art Maintenance Policy spells out the documentation, preservation, and maintenance processes that will support that goal. The Public Art Maintenance Policy will be implemented on a piece- specific basis that recognizes the value of each work of art in the collection DEFINITIONs A. Art in public places (see R.60.020.,LMC). The term “art in public places” refers to any visual work of art displayed for two weeks or more in an open City-owned area, on the exterior of any City-owned facility, inside any City-owned facility in areas designated as public areas, or on non-City property if the work of art is installed or financed, either wholly or in part, with City funds or with grants the city has procured. B. Work of art or artwork (see R60.020.,LMC). The term “work of art or artwork” refers to, but is not limited to, a sculpture, monument, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving, and work of/piece of stained glass. The term “work of art” would not normally include landscaping, architectural ornamentation, or signs. C. Documentation. Documentation includes, but is not limited to, periodic condition reports, records of actual maintenance performed and an assessment of those efforts, photographs, artist’s maintenance recommendation, methods and materials information, potential problems with the work, finishes information (e.g., patiner’s name; when, where, what, and how the piece was finished), quality of materials used, installation information, warranties and professional and other knowledgeable opinions regarding preservation and maintenance. The documentation may also include the artist’s resume, artwork history, where the work has been exhibited, and a personal interview with the artist. D. Preservation. Preservation includes placement; installation; security; regularly scheduled maintenance and emergency repairs (with consideration to the natural process of aging). E. Maintenance. Maintenance will be performed according to a scheduled piece-specific plan to clean, repair, and preserve each piece in the public collection. This plan will include measures to assess the ongoing effectiveness of preservation. PrOCEss 1. Documentation. The initial documentation will occur before a piece is accepted into the City collection. A standardized form will be used for this purpose. The VAC, appropriate City departments (Facilities & Maintenance, Parks & Recreation), ART IN PUBLIC PLACES / 025 City Commissions, outside contractors, service people and experts may be asked to review this documentation. Documentation will reside in the records of the Cultural Services Department. The Business Services Coordinator will be responsible for creating and maintaining the documentation. The VAC will use the projected cost of maintenance as one consideration in its final determination of acceptance and placement. Although documentation and maintenance recommendation alone will not be used to specifically exclude artwork from the City collection, but the recommendation may play a role in that final determination. (A documentation fund established in the VAC budget will pay for documentation not obtained at acquisition.) 2. Maintenance documentation. When an artwork is accepted into the City collection, an initial level of maintenance and a maintenance schedule will be established for it. The documentation will include a standard for regular maintenance (e.g., timing, type of maintenance) and identify any maintenance issues that may require special attention. Each medium will require knowledgeable people to develop maintenance criteria. In addition, the maintenance criteria may include future historic and aesthetic considerations for each piece. The maintenance documentation may be reviewed and revised as needed. 3. Inspection and Condition Report. In February of each year, the Business Services Coordinator will initiate an inspection and condition report. Paid professional condition appraisers/conservators and/or knowledgeable volunteers, craftspeople or industry experts will perform the inspection for each piece. The inspection and condition report will become part of the permanent documentation of the specific piece and will reside with the Cultural Services Department of the City. 4. Regular maintenance. Paid professionals and/or trained and supervised volunteers will perform regular maintenance according to the maintenance schedule and condition report for each specific piece during the second and third quarters of each year. The Business Services Coordinator will initiate and coordinate the regular maintenance activities. Each exterior piece, not receiving hot wax or special treatment, will receive a cold wax treatment. 5. Special Maintenance. Paid professionals/ craftspeople or knowledgeable volunteers will perform maintenance that requires specialized tools, equipment, or knowledge on an “as needed” basis. The VAC will use the condition report and/or site visits to determine need. 6. Emergency Maintenance or Repair. Paid professionals/craftspeople or knowledgeable volunteers will perform emergency maintenance or repair on an “as needed” timely basis as determined by the Director of Cultural Services.. ImPLEmENTATION 1. Policy Implementation. The Business Services Coordinator, City Staff, and interested persons will implement and monitor the Public Art Maintenance Policy and will report to the VAC each quarter, or more often if needed, on the status of art work maintenance. The Business Services Coordinator will oversee the quality control, evaluation and corrective maintenance actions carried out by this policy. (Changes adopted in March 2004) 2. Funding. Funding for maintenance will be established through a budget developed by the Business Services Coordinator and presented to the VAC each November. Funds will come from the VAC Art in Public Places budget. Maintenance funding 026 / ART IN PUBLIC PLACES will take precedent over art purchases. (Changes adopted in March 2004) 3. Contract Services. Contracts with paid professionals/ craftspeople will follow established City guidelines and will be handled through the appropriate City department. 4. Quality Control. The VAC believes in regulating the quality of maintenance to an established standard. Therefore the VAC will work over time to collect maintenance data (e.g. Lacquer vs. waxing, annual vs. biannual maintenance, professional vs. volunteer, etc.) The VAC and the Business Services Coordinator will use this data to develop specific quality standards and devise ways to measure if the standards are met. Once established, the standards will be used to collect relevant data, analyze that data, and create corrective action plans as needed. The Business Services Coordinator will identify specific areas of comparison (e.g. using multiple contractors and comparing the results of their work) and documenting specific maintenance challenges and failures (and their solutions). (Changes adopted in March 2004) 5. Policy Review. Annually in November, VAC members and/or the Business Services Coordinator will recommend changes to the Public Art Maintenance Policy to the VAC. (Changes adopted in March 2004) 6. Attachments. Forms that will be used to implement the policy will be attached as exhibits to the policy and modified as needed during the annual policy review process. ART IN PUBLIC PLACES / 027 6 This policy is a framework to guide art installations that may bound the public right-of- way or be placed in the right- of-way, such as over bridges and underpasses or within roundabouts or other “island” installations in the roadway. placement in the public right-of-way policy 028 / ART IN PUBLIC PLACES PLACEMENt IN thE PUBLIC rIght-Of-WAy Policy GOAL The goal of this policy is to develop a framework for the consideration of art work that will enhance the community, the travel corridor or the right-of-way. The policy does not rule out any particular application, as every installation should be weighed related to the location, the factors noted below, as well as the other impact values. Leadership for consideration of all projects and installations rests primarily with the City of Loveland Visual Arts Commission. Staff liaison support is provided through the Cultural Services Department, and in cases that impact the ROW Cultural Services will guide the process of securing collaborative support from other departments. Public Works can and will provide support, professional expertise, and advisement as needed for installations selected by the Visual Arts Commission. Primary contact will be through the Public Works Director and any staff member who will be supporting the project(s). In installations that involve CDOT ROW Cultural Services and Public Works will develop a joint plan to address the separate contract, review, and inspection requirements necessary with these projects; this may include cost considerations for project management if the size of the installation is large. The City of Loveland utilizes the Manual of Uniform traffic Control Devices (MUTCD) when determining uses, signage, visual sightline requirements, and other issues that impact the ROW. The MUTCD is nationally accepted as the primary standard for these requirements. INsTALLATIONs ADjOINING ThE rOw When considering installations along the ROW the following factors shall be considered by Public Works in making a determination about a particular installation. 1. ADA requirements A. For example: does the installation impact the egress of handicapped individuals 2. Impact on flow of pedestrians, bicycles, or traffic A. For example: does the installation cause undue interruption of the flow of individuals on a sidewalk or cross walk 3. Safety Impacts 4. Maintenance requirements that may be created by the installation INsTALLATIONs wIThIN ThE rOw When considering installations in the ROW the following factors shall be considered by Public Works in making a determination about a particular installation. 1. ADA requirements 2. Impact on flow of pedestrians, bicycles, or traffic 3. Safety Impacts ART IN PUBLIC PLACES / 029 A. Does the installation cause undue distraction for drivers, so that vehicles are more likely to cause accidents from slowing or disorientation? B. Does the installation cause a blockage of sightlines such that safety for drivers, pedestrians, or cyclists is compromised? I. These sightlines will be different in each installation so size may be a factor at certain locations. For example in an installation at a traditional intersection location close to the sightlines at the corners may create a significant hazard; or within roundabout installations that create blind spots for drivers related to pedestrians will create a significant hazard. II. Height of installations is not generally an issue except when a foundation structure is required that may limit visibility for pedestrians in wheelchairs or may cause drivers to “rubber neck” for better viewing. C. In installations that are within the ROW project planners must be sensitive to pieces that may draw pedestrians into the traffic flow for viewing. In roundabout situations this is a critical factor as these traffic designs are developed to keep speeds relatively high and do not have clear locations for drivers to stop, generally roundabout islands are not designed in such a manner as to accommodate pedestrian traffic. If a piece is designed into a roundabout prior to construction it may be possible to create and place design elements that can accommodate these issues. It is also recommended that placement of recognition for pieces (artist signatures, piece descriptions, etc.) are placed outside of the roundabouts flow of traffic versus on the island itself. 4. Maintenance requirements that may be created by the installation. COLLAbOrATIVE EFFOrTs In cases where the Visual Arts Commission is seeking to locate a piece adjoining the ROW or within the ROW, prior to final selection, the Public Works Department requests a sketch drawing with estimated measurements be provided. The earlier in the process that detailed information can be provide the better staff will be able to identify potential issues. Public Works staff will review the particular piece for the factors noted above. If the department has particular issues with one or several factors Public Works will provide a detailed description of the issues to Cultural Services, with recommendations on possible adjustments that may remedy the noted issues. In the event that a particular installation is felt by staff to be “provoking” enough to potentially cause distraction to drivers, that will be noted but final decision on a particular piece and the “distraction factor” still lies with Cultural Services and the Visual Arts Commission. POsT-INsTALLATION In cases where issues are identified and a project moves ahead without clear resolution of specific items, Public Works and Cultural Services will work collaboratively to develop a post-installation monitoring plan for traffic flow, accident data, and other factors to determine if future alterations to the installation are necessary. If alterations are identified COL staff will work with the Visual Arts Commission to develop possible remedies to alleviate the noted impacts. The crux of this policy is to provide visual arts planners with general guidelines to consider when developing installations that impact the ROW. The City of Loveland is fortunate in having expertise in the areas of visual arts provided by the commission and Cultural Services 030 / ART IN PUBLIC PLACES staff, this expertise is complimented by the knowledge and experience in Public Works related to ROW management. The goal of this collaborative experience is to support the maintenance and growth of the public and private art collections within the City of Loveland and to enhance our community’s quality of life. ART IN PUBLIC PLACES / 031 VISUAL ArtS COMMISSION Contact Information COmmIssIONErs Roger Clark Joshua Emrich Angela Canada Hopkins Nancy Jakobsson Lynn Kincanon Alyson Kincade Sherry Heckel Kuhlmann Margaret Rosborough Andrew Svedlow CITY COuNCIL LIAIsON Cecil Gutierrez (970) 962-2190 Mayor@ci.loveland.co.us CITY COuNCIL ALTErNATE Joan Shaffer (970) 962-2193 Joan.Shaffer@ci.loveland.co.us sTAFF LIAIsON Susan Ison (970) 962-2411 isons@ci.loveland.co.us sTAFF LIAIsON Suzanne Janssen (970) 962-2490 jansss@ci.loveland.co.us visual arts commission CITY OF LOVELAND PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: December 10, 2013 RE: Agreement with Central Federal Lands for FLAP Grant Objective: To begin to define and determine roles of the Town, CDOT and Central Federal Lands Highways Division (CFLHD) for the implementation of the downtown one way couplet project. Present Situation: The Town was successful in its request for funding of the one way downtown couplet through the Federal Lands Access Program for the amount of $13,005,000. As this grant required a 17.21% match, the Town collaborated with the Colorado Department of Transportation (CDOT) to attain the required matching funds. CDOT and the Town applied for Responsible Acceleration of Maintenance and Partnerships (RAMP) program funds to provide the match for the FLAP grant. On Oct 17th, 2013, Governor Hickenlooper approved the RAMP program which included Estes Park’s one-way couplet project for safety and devolution in the amount of $4,200,000. This brings the total available budget to $17,205,000. Proposal: The Central Federal Lands Highway Division has an in-house design and construction design team that has expressed interest in completing the design and construction of the project. Conceptually, CDOT and the Town have said this may be a viable way of moving forward, rather than soliciting private design services and construction oversight services. However, the roles and negotiated fees have not been determined. Public Works would like to hear the view of the Town Board regarding how they would like staff to proceed with defining these roles. Advantages:  CFLHD is the agency that is most familiar with the rules and regulations that are required to be in compliance with FLAP. Compliance issues with Federal regulations would be completely on the CFLHD and not the Town.  Difficulties in the NEPA process and acquisition process would be handled by CFLHD and not the Town.  Staff work load would be reduced in this scenario  CDOT has expressed interest in this approach to gain information sharing with CFLHD and gain knowledge on how both agencies achieve delivery of successful projects. Disadvantages:  Potential reduction in authority in directing the project outcome with Federal and State agencies directing the project.  The fee would be negotiated with CFLHD and design and construction oversight may be less competitive and less creative than private sector consultants.  The Transportation Advisory Committee has expressed concern with this approach and that the end result may not be as desirable as could be if the Town retained and directed the project design and NEPA process. Action Recommended: No action is required; however, some information regarding preferences as to how staff should negotiate roles with CFLHD and CDOT would be helpful as we prepare the agreements for further Town Board consideration. Budget: FLAP and RAMP grant funds totaling $17,205,000. Level of Public Interest This has a very high level of public interest 1 FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT Project / Facility Name:Moraine Avenue and Riverside Drive Project Route:CO FLAP 34(1) & 36(1) State:Colorado County: Larimer County Owner of Federal Lands to which the Project Provides Access:National Park Service Entity with Title or Maintenance Responsibility for Facility:Town of Estes Type of Work:The project is to include preliminary engineering, construction and construction engineering for the reconstruction on Moraine Avenue and Riverside Drive in the Town of Estes. The routes are currently two lane routes at varying widths. The proposed project would reconfigure the circulation system through Estes Park by realigning and reconstructing West and East Riverside Drives into a continuous one-way (eastbound) roadway and reconfiguring Elkhorn Avenue/Moraine Avenue to a one-way configuration (westbound) creating one- way couplets through Estes Park that would be US Highway 36. The reconfiguration would also include upgrades to Rockwell Street to accommodate additional traffic from the change of Elkhorn Avenue to one-way in the westbound direction. This Agreement does not obligate (commit to) the expenditure of Federal funds nor does it commit the parties to complete the project.Rather, this Agreement sets forth the respective responsibilities as the project proceeds through the project development process. 2 Parties to this Agreement: Town of Estes (TOE), Colorado Department of Transportation (CDOT),NPS, and Central Federal Lands Highway Division (CFLHD). The Program Decision Committee approved this project on August 26, 2013. AGREED: Town of Estes Date Colorado Department of Transportation Date National Park Service Date Director of Program Administration, Central Federal Lands Highway Division Date 3 A. PURPOSE OF THIS AGREEMENT This Agreement documents the intent of the parties and sets forth the anticipated responsibilities of each party in the development, construction, and future maintenance of the subject project.The purpose of the Agreement is to identify and assign responsibilities for the environmental analysis, design, right-of-way, utilities, acquisition and construction as appropriate for this programmed project, and to ensure maintenance of the facility for public use if improvements are made.The parties understand that any final decision as to design or construction will not be made until after the environmental analysis required under the National Environmental Policy Act (NEPA) is completed(this does not prevent the parties from assigning proposed design criteria to be studied in the NEPA process.)Any decision to proceed with the design and construction of the project will depend on the availability of appropriations at the time of obligation and other factors such as issues raised during the NEPA process, a natural disaster that changes the need for the project, a change in Congressional direction, or other relevant factors. If Federal Lands Access Program (FLAP)funds are used for the development or construction of this project, Town of Estes, Coloradoagrees to provide a matching share equal to 17.21% or more of the total costof the project, as detailed more fully in Section J below. B. AUTHORITY This Agreement is entered into between the signatory parties pursuant to the provisions of 23 U.S.C. 204. C. JURISDICTION AND MAINTENANCE COMMITMENT Town of Estes, Colorado has jurisdictional authority to operate andmaintain the existing facility and will operate andmaintain the completed project at its expense. D. FEDERAL LAND MANAGEMENT AGENCY COORDINATION Town of Estes, Colorado has coordinatedproject development with the National Park Service. The National Park Servicesupport of the project is documented in the original project application. Each party to this agreement who has a primary role in NEPA, design, or construction shall coordinate their activities with the National Park Service. E. PROJECT BACKGROUND/SCOPE The project traverses thru the Town of Estes Park via Elkhorn Avenue (US34/36), Moraine Avenue (US 36) and West and East Riverside Drive. The proposed project would reconfigure the circulation system through Estes Park by realigning and reconstructing West and East Riverside Drives into a continuous one-way (eastbound) roadway and reconfiguring Elkhorn Avenue/Moraine Avenue to a one-way configuration (westbound) creating one-way couplets through Estes Park that would be US Highway 36. The reconfiguration would also include upgrades to Rockwell Street to accommodate additional traffic from the change of Elkhorn Avenue to one-way in the westbound direction. 4 Figure 1 – Project Area Map Roadway.The West and East Riverside Drive and Ivy Street segments will be reconstructed/realigned using a 25-mph design speed with two 12 foot travel lanes. The application did not include any shoulders but the Town discussed the desire for some sort of on-street bicycle lane, and CDOT standards generally require a minimum 4 foot shoulder. The application shows parallel on street parking on the southern section of the roadway, but no on-street parking on the northern end of Riverside Drive where there are existing driveways, which would lead to backing out onto the US highway. Route Segments: The project application stated current average daily traffic (ADT) as 10,000 with current seasonal ADT of 17,900 and projected ADT of 14,000 with a projected seasonal ADT of 25,060. These numbers represent the general total ADT through the project area using the existing and proposed roadway segments to travel through Estes Park towards Rocky Mountain National Park. ADT information shown for each roadway segment is an estimation of the current configuration verse proposed project configuration for each segment (Current/Proposed). Segment 1: Elkhorn Avenue (US 36/US 34 Business) from E. Riverside Dr. to Moraine Ave. Currently two lanes westbound and one lane eastbound with curb and gutter and attached sidewalk/streetscape. The Project will reconfigure this segment by restriping to two lanes in a one-way configuration in the westbound direction expanding to two left turn lanes and one through lane at Moraine Avenue intersection. 5 Figures 2 and 3 – Existing Elkhorn Avenue Segment 2: Moraine Avenue (US 36) from Elkhorn Avenue to Crags Dr./W. Riverside Dr. Currently two lanes southbound and one lane northbound expanded to include an additional northbound lane from Rockwell Street to Elkhorn Avenue. The existing roadway has curb and gutter and attached sidewalk/streetscape. The Project will reconfigure this segment by restriping to two lanes in a one-way configuration in the southbound direction expanded to include a left turn lane in addition to the two through lanes from Elkhorn Avenue to Rockwell Street. Figures 4 and 5 – Existing Moraine Avenue Segment 3: W Riverside Dr./Ivy St./E Riverside Dr. (Moraine Ave. to Elkhorn Ave.) Currently these three roadway segments make up the parallel alternative route to Moraine Avenue/Elkhorn Ave. These segments currently include a northbound and southbound lane with varied on-street and adjacent parking (parallel, diagonal, straight in, driveways), and sections of curb and gutter and attached sidewalk. The Project will reconstruct and realign these segments into a continuous roadway segment with two northbound lanes with curb and gutter and attached sidewalk, and sections of parallel parking. The proposed project includes creating a new intersection of Riverside Drive/Crags Drive/Moraine Avenue to provide eastbound Moraine Avenue traffic a through movement to this segment which will become the northbound section of US 36 through Estes Park. 6 Figures 6 and 7 – Existing Riverside Drive Segment 4: Rockwell Street from Moraine Ave to E. Riverside Dr. Currently one lane from Moraine Avenue for approximately 250 feet to the existing adjacent public parking lots, then one lane eastbound and westbound to East Riverside Drive. The Project will keep this configuration; however, the amount of traffic will greatly increase as this will be the eastbound route for traffic traveling eastbound on Elkhorn Avenue west of Moraine Avenue. Figures 8 and 9 – Existing Rockwell Street Bridge.The project includes the reconstruction of what was the Ivy Street bridge across the Big Thompson River. This new structure will be on a skew and likely need to be raised to provide the same or better clearance above the river. There is uncertainty in the application if any improvements are needed at the Rockwell Street or East Riverside Road bridges, they appear to be wide enough to accommodate the project. 7 Figure 10 – Existing Ivy Street Bridge Figure 11 – Ivy Street Bridge Joint Roadway segments 1 and 2 are classified as urban minor arterial in rolling terrain with a design and posted speed of 25 mph. Roadway Segments 3 and 4 are classified as urban collector in rolling terrain with a design speed of 25 mph. Specific areas of concern or areas of required work by functional discipline are as follows: Right of Way Right of Way mapping of existing parcels/property boundaries is required. There are potentially 5-7 full relocations and 10-20 other partial right-of-way acquisitions, and numerous TCE's. The Town of Estes Park will lead the right-of-way acquisition process. Utilities Numerous utilities will need to be relocated including City wet utilities (water, sanitary sewer) and private dry utilities (electrical, gas, communications). New Street lighting will be required for the project. Potholes and/or ground penetrating radar will be required to locate utilities. Environment and Permits Due to the potential for Section 4(f)/6(f), 106 issues and the overall level of change/chance for public concern, an Environmental Assessment is assumed. Survey Full survey of all roadway segments for this project is required. Use of LIDAR may be used to develop topographical mapping. Bridge The Ivy Street bridge will be reconstructed on a new alignment, the bridge will be skewed across the Big Thompson River. It is assumed that Ivy Street can be completely closed during construction. 8 Hydraulics A full hydrologic/hydraulic model of the Ivy Street bridge crossing is required. The Town mentioned that the current Flood Insurance Study hydrology likely needs updated and output needs to be verified against current Flood Models. Highway Design This 4R project is short in length but full of challenges from the typical section for a US highway, curvilinear alignment, on-street parking and access, pedestrian movements, and construction phasing. Pavements E. Elkhorn Ave and Moraine Ave are candidates for mill and overlay. Existing paving should be reused when possible. Pulverized asphalt can be used as high-quality fill or base course in new pavement sections. CDOT design procedures and review will be required for any State Highway pavements. Geotechnical Field investigations are anticipated for reconfiguration of the Ivy Street bridge and retaining walls at the Moraine Avenue and Riverside Drive intersection. Right-of-entry agreements may be required for the retaining wall boring access. All borings will also require permitting from the Town of Estes Park and Colorado Department of Transportation (CDOT). F. PROJECT BUDGET Figures are estimated from assumption in the original Application, Scoping Report, and Project Delivery Documents. Cost(s) are subject to escalation increases, depending on formal programming year. Item Estimate ($) Comments ROW $2,400,000 Utilities $850,000 Preliminary Eng. $1,400,000 Construction $9,000,000 Assumed 2016 construction Construction Eng. $900,000 Contingency $1,455,000 10% Total $16,005,000 9 G. ROLES AND RESPONSIBILITIES: for Red Dirt and Catamount Bridges Responsible Party Product/Service/Role Comments CFLHD  Develop and sign the Project Agreement  Develop and sign the Reimbursable Agreement  Manage project development schedule and preliminary engineering costs  Perform pavement and geotechnical investigations  Obtain necessary permits  Prepare environmental documents and make project decisions based on the NEPA documents  Prepare the PS&E  Advertise and award the contract.Bids will not be solicited by CFLHD until the EC and BLM have concurred with the plans and specifications. 10 Responsible Party Product/Service/Role Comments Town of Estes  Review and sign the Project Agreement  Review and sign Reimbursable Agreement  Attend reviews and meetings  Provide available data on traffic, accidents, material sources, construction costs, and any other relevant information  Review the plans and specifications at each phase of the design and provide project development support  Provide support to CFLHD, as requested, for the development of environmental documents.  Provide ROW and utility information and coordination  Procure ROW  Provide water source(s) for design and construction use  Coordinate utility relocations  Obtain permits other than those required for Federal constructed projects PS&E activities will not commence until agreement(s) are executed Colorado Department of Transportation  Review and sign the Project Agreement  Attend reviews and meetings  Provide available data on traffic, accidents, material sources, construction costs, and any other relevant information  Review the plans and specifications at each phase of the design and provide project development support  Provide support to CFLHD, as requested, for the development of environmental documents.  Provide ROW and utility information and coordination  Procure ROW  Obtain permits other than those required for Federal constructed projects 11 Responsible Party Product/Service/Role Comments National Park Service  Review and sign the Project Agreement  Attend reviews and meetings  Review the plans and specifications at each phase of the design and provide project development support  In coordination with the CFLHD, ensure that completed plans, specifications, and estimates (PS&E) are consistent with the intended outcome.  Provide a Fire Plan for incorporation with the Special Contract Requirements.  Provide support to CFLHD, as requested, for the development of environmental documents.  Provide potential staging areas and material sources as necessary to aid construction.  Designate a representative who will be the primary contact for assistance during construction.  Attend the final inspection with CFLHD and EC upon completion of construction. H. ROLES AND RESPONSIBILITIES– SCHEDULE(This section may be abbreviated with only a tentative project schedule based on the application pending a more in-depth scoping of the proposed project.If so, a more detailed schedule thereafter should be developed and approved by the parties or the Programming Decisions Committee, as appropriate.) Responsible Lead Product/Service/ Role Schedule Start-Finish Comments CFLHD Project Development Planning See attached schedule Project Development Plan CFLHD NEPA EA CFLHD Engineering Design Preliminary through Final PS&E 12 Responsible Lead Product/Service/ Role Schedule Start-Finish Comments CFLHD Geotechnical/ Pavement Investigation and Recommendations Perform site investigations and provide recommendations TOE, CDOT, & NPS 100% PS&E Approval CFLHD Acquisitions Design and Construction Contracting CFLHD Construction Administration Construction Management and Engineering TOE, CDOT, & NPS Construction Acceptance PROPOSED DESIGN STANDARDSFinal design standards will bedetermined through the NEPA process. Criteria Comments Standard CDOT Possible width exception on Riverside Drive Functional Classification Urban Minor Arterial Surface Type Hot-Asphalt Concrete Pavement Design Volume 14,000 I. FUNDING Fund Source Amount Comments Colorado Federal Lands Access Program Funds $13,005,000 Local Matching Share – Town of Estes via CDOT RAMP $3,000,000 Contingent on RAMP award TOTAL $16,005,000 J. MATCHING SHAREREQUIREMENTS Matching or cost sharingrequirements may be satisfied following the obligation of funds to the project by: allowable costs incurred by the State or local government, cash donations, the fair and reasonablevalue of third party in-kind contributions (but only to the extent that the value of the costs would be allowable if paid for by the party responsible for meeting the matching share), including materials or services; however no costs or value of third party contributions may count towards satisfying the matching 13 share requirements under this agreement if they have or will be counted towards meeting the matching share requirements under another federal award. Costs and third party contributions counting toward satisfying a cost sharing or matching requirement must be verifiable from the records of the party responsible for meeting the matching requirements. The records must demonstrate how the value ofthird party in kind contributions was derived. Voluntary services sought to be applied to the matching share will be supported by the same methods that the party to this agreement uses to support allocability of personnel costs. Any donated services provided by a third party will be valued at rates consistent with those ordinarily paid by employers for similar work in the same labor market. Supplies furnished will be valued at their market value at the time of donation. Donated equipment or space will be valued at fair rental rate of the equipment or space. All records associated with valuations or costs under section K shall be accessible and be maintained for three years following project close-out. A Reimbursable Agreement (RA) will be executed to commit the match contribution and initiate project delivery for CO FLAP 34(1) & 36(1). The CFLHD will bill Town of Estesupon completion of the work in theRA, as tentatively outlined in the RA. The CFLHD is limited to recovery of the matching share of actual costs incurred, as reflected in the invoice provided by the CFLHD. The CFLHD shall not incur costs which result in matching funds exceeding the maximum cost stated in the Reimbursable Agreement without authorization by Town of Estes in the form of written modification. K. PROJECT TEAM MEMBERS - POINTS OF CONTACT The following table provides the points of contact for this project.They are to be the first persons to deal with any issues or questions that arise over the implementation of each party’s role and responsibility for this agreement. Name/Title Organization Address/Phone Number/Email Scott Zurn Director of Public Works Town of Estes 170 MacGregor Avenue Estes Park, CO 80517 (970) 577-3582 szum@estes.org Corey Stewart Program Engineer CDOT Region 4 1420 2nd Street Greeley, CO 80631 (970) 350-2104 corey.stewart@state.co.us Larry Gamble Chief of Planning NPS- ROMO Rocky Mountain National Park Estes Park, CO 80517 (970) 586-1320 larry_gramble@nps.gov Micah Leadford CFLHD CFLHD 12300 W. Dakota Ave. Suite 380 Lakewood, CO 80228 14 Project Manager (720) 963-3498 micah.leadford@dot.gov L. CHANGES/AMENDMENTS/ADDENDUMS The agreement may be modified,amended, or have addendums added by mutual agreement of all parties.The change, amendment, or addendum must be in writing and executed by all of the parties. The types of changes envisioned include, but are not limited to, changes that significantly impact scope, schedule, or budget; changes to the local match, either in type or responsibility; changes that alter the level of effort or responsibilitiesof a party.The parties commit to consider suggested changes in good faith.Failure to reach agreement on changes may be cause for termination of this agreement. A change in the composition of the project team members does not require the agreement to be amended. It is the responsibility of the project team members to recognize when changes are needed and to make timely notification to their management in order to avoid project delivery delays. M. ISSUE RESOLUTION PROCEDURES MATRIX Issues should be resolved at the lowest level possible.The issue should be clearly defined in writing and understood by all parties.Escalating to the next level can be requested by any party.When an issue is resolved, the decision will be communicated to all levels below. FHWA Town of Estes CDOT R4 NPS Time Project Manager:Micah Leadford Public Works Director Scott Zurn Program Engineer Corey Stewart Chief of Planning Larry Gamble 14 Days Project Management Branch Chief: Ed Hammontree XX: J. DOE XX: J. DOE XX: J. DOE 30 days Director, Project Delivery: Michael Davies XX: J. DOE XX: J. DOE XX: J. DOE 60 days Division Engineer: Ricardo Suarez XX: J. DOE XX: J. DOE XX: J. DOE 90 Days N. TERMINATION This agreement may be terminated by mutual written consent of all parties.This agreement may also be terminated if either the NEPA process or funding availability requires a change and the parties are not able to agree to the change.Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination.If Federal Access funds have been expended prior to termination, the party responsible for the match agrees to reimburse CFLHD as outlined in the Reimbursable Agreement.