HomeMy WebLinkAboutPACKET Town Board Special Meeting 2013-11-12
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.
SPECIAL MEETING
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, November 12, 2013
6:00 p.m. – 7:00 p.m.
1. ACTION ITEMS:
1. ENGINEERING CONTRACT FOR ELM ROAD ENVIRONMENTAL
IMPROVEMENT/MITIGATION MASTER PLAN. Director Zurn.
2. RESOLUTION #33-13 SUPPORTING ESTES PARK LOCAL MARKETING
DISTRICT GRANT APPLICATIONS. Town Administrator Lancaster.
3. ORDINANCE #13-13 TEMPORARY BUILDING REQUIREMENTS FOR LOTS
ADJACENT TO DRAINAGES. Director Chilcott & Chief Building Official Birchfield.
Floodplain Management/Stream River Corridor Protection Report.
4. ORDINANCE #14-13 AMENDING MUNICIPAL CODE CHAPTER 17.28
FLOODPLAIN REGULATIONS. Director Chilcott & Chief Building Official Birchfield.
5. RESOLUTION #32-13 WAIVER OF UTILITY MONTHLY BASE/MINIMUM
CHARGES FOR 2013 FLOOD VICTIMS WITH HOMES AND BUSINESSES
RENDERED UNINHABITABLE. Director Bergsten.
Any items not addressed would move to the end of the Regular Board meeting agenda
following the 7:00 pm.
Prepared 10/30/13
*Revised
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Date: November 12, 2013
RE: Engineering Contract for Elm Road Environmental
Improvement/Mitigation Master Plan
Objective:
To obtain authorization to enter into an agreement for design services of the Elm Road
Environmental Improvements Master Plan and Landfill Leachate Mitigations.
Present Situation:
The Town has determined there are minor leachate releases from the Elm Road landfill
that has reached the surface below the landfill and is draining into a minor drainage
way. The State of Colorado Department of Public Health Department is aware of the
situation and has directed the Town to mitigate the releases.
The Town issued an RFP for design services to master plan a solution in conformance
with the requirements of the State of Colorado and several Federal requirements such
as the Clean Water Act. The Town did not receive any responses to this solicitation.
Subsequently, Town staff entered into a negotiation with Stewart Environmental
Consultants. Stewart Environmental is familiar with this landfill and has done some
consulting on this landfill in the past. Staff has reached an agreement on scope and fee
regarding this master plan and mitigation and therefore is bringing forward a
recommendation to move forward in compliance with the State’s directive. Staff has
negotiated a fee of $134,685 dollars for the master plan and lab work.
Proposal:
Staff recommends the negotiated fee is appropriate for the proposed scope of services
and Stewart Environmental Consultants, LLC is qualified to accomplish the needs
outlined in the RFP. Staff therefore recommends the Town enter into a contract with
Stewart Environmental Consultants, LLC for $134,685.00, with an additional
contingency of 10% for the execution of these services. Staff therefore recommends a
total budget for these services not to exceed $148,154.00.
Advantages:
Creation of the master plan design provides a solution to the leachate issue in
compliance with the State Department of Health and Environments directive to correct
the situation. This master plan design will be reviewed and approved by the State and
this final document will direct actual phased improvements in future years. These
corrective measures will position the Town to be in conformance with multiple State and
Federal environmental regulations.
Disadvantages:
Disadvantages include costs to the Town for mitigating this situation; however this is a
directive from the State Department of Health and Environment to comply with public
health regulations.
Action Recommended:
Staff recommends the Town Board approve the contract with Stewart Environmental
Consultants, LLC for $134,685. Staff also recommends approval of establishing a
contingency of 10% in addition to the contract amount for a total budget of $148,154.
Budget:
Town of Estes Park = $148,154
Level of Public Interest
This project has a high level of interest in the community. The project has a very high
need and is recognized at both the State and Federal levels as a high priority. The local
community is very concerned.
Sample Motion:
I move for approval/denial of establishing a design budget of $148,154. In addition, I
move for approval/denial of entering into an agreement with Stewart Environmental
Consultants, LLC for the negotiated services and fee of $134,685.
Consultant Contract 1 of 8
Town of Estes Park
Public Works Department
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and
entered into this 22nd day of October, 2013, by and between the Town of Estes Park, County of
Larimer, State of Colorado (the “Town”) and Stewart Environmental Consultants, LLC an
independent contractor (“Consultant”).
WHEREAS, the Town requires professional engineering services related to the;
Elm Road Environmental Improvements Master Plan Proposal – Landfill Leachate
Mitigation; and
WHEREAS, Consultant has held itself out to the Town as having the requisite expertise
and experience to perform the required engineering services;
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
I. SCOPE OF SERVICES
A. Consultant shall furnish all labor and materials required for the complete and
prompt execution and performance of its duties, obligations, and responsibilities (the “Work”)
which are described or reasonably implied in the Consultant’s proposal dated August 22, 2013,
which is provided as Exhibit A (and the original PW “Request for Proposal, May 31st, 2013”),
both 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.
Consultant Contract 2 of 8
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, computer
software and any other proprietary property and all rights to any intellectual property developed,
utilized, or modified in the performance of the Work.
D. Consultant shall provide to the Town electronic versions of the Work Product in
the format directed by the Town’s RFP.
III. COMPENSATION AND FINAL SETTLEMENT
A. In consideration for the completion of the Work by Consultant, the Town shall pay
Consultant an amount equal to the firm-fixed price extended in Exhibit A, which is One
Hundred Thirty Four Thousand, Six Hundred Eighty Five and 60/100 Dollars
($134,685.60). The amount specified herein shall include the fees and expenses anticipated to
be incurred by Consultant in performing all services hereunder, as described in Exhibit A. The
amount specified herein shall exclude the fees and expenses anticipated to be incurred by
others in performing the work described in Exhibit A, as well as the Schedule of Activities in
Section 1.5 of the RFP.
B. If, on the basis of the Town’s observation of the Work and the Town's review of
the final invoice and accompanying documentation as required by this Agreement, the Town is
satisfied that the Work has been completed and Consultant’s other obligations under this
Agreement have been fulfilled, the Town will, within forty-five (45) days after receipt of the final
invoice pay the amount due. Otherwise, the Town will return the invoice to Consultant, indicating
in writing the reasons for refusing to schedule final settlement, in which case Consultant shall
make the necessary corrections and resubmit the invoice.
IV. COMMENCEMENT AND COMPLETION OF WORK
Within seven days of receipt of a Notice to Proceed, Consultant shall commence work as
set forth in the Scope of Services or that portion of such work as is specified in said Notice.
Except as may be changed in writing by the Town, the Scope of Services shall be complete and
Consultant shall furnish the Town the specified deliverables as provided in Exhibit A.
V. PROFESSIONAL RESPONSIBILITY
A. Consultant hereby warrants that it is qualified to perform the Work, holds all
professional licenses required by law to perform the Work, and has all requisite corporate
authority to enter into this Agreement.
B. The Work shall be performed by Consultant in accordance with generally
accepted professional practices and the level of competency presently maintained by other
practicing professional firms performing the same or similar type of work in the Denver metro
area. The Work shall be done in compliance with applicable federal, state, and local laws,
ordinances, rules and regulations.
Consultant Contract 3 of 8
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. Because the Town has hired Consultant for its professional expertise, Consultant
agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work
required under the Scope of Services. Upon execution of this Agreement, Consultant shall
furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a
subcontractor to whose employment the Town reasonably objects. All contracts between
Consultant and subcontractors shall conform to this Agreement including, but not limited to,
Section XI, L.
VI. INSURANCE
A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any
other insurance requirements imposed by law.
B. Consultant shall procure and maintain, and shall cause any subcontractor of
Consultant to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurers acceptable to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended reporting
periods shall be procured to maintain such continuous coverage.
1. Worker's compensation insurance to cover obligations imposed by
applicable law for any employee engaged in the performance of work under this
Consultant Contract 4 of 8
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
Consultant Contract 5 of 8
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
Consultant Contract 6 of 8
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 Zurn, P.E., Director of Public Works
PO Box 1200
Estes Park, CO 80517
Ph. 970-577-3582
Consultant: Stewart Environmental Consultants, LLC
David R. Stewart, PhD, PE
3801 Automationway, Suite 200
Fort Collins, CO 80525
Ph. 970-226-5500
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.
Consultant Contract 7 of 8
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.
L. Work By Illegal Aliens Prohibited.
a. Consultant hereby certifies that, as of the date of this Agreement, it does
not knowingly employ or contract with an illegal alien and that Consultant has
participated or attempted to participate in the basic pilot employment verification
program as defined in C.R.S. § 8-17.5-101(1) (“Program”) in order to verify that it does
not employ illegal aliens.
b. Consultant shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a subcontractor that
fails to certify to Consultant that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement.
c. Consultant hereby certifies that it has verified or attempted to verify
through participation in the Program that Consultant does not employ any illegal aliens
and, if Consultant is not accepted into the Program prior to entering into this Agreement,
that Consultant shall apply to participate in the Program every three (3) months until
Consultant is accepted or this Agreement has been completed, whichever is earlier.
d. Consultant is prohibited from using Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
e. If Consultant obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Consultant shall be required to:
(i) notify the subcontractor and District within three (3) days that
Consultant has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(ii) terminate the subcontract with the subcontractor if within three (3)
days of receiving the notice required pursuant to this subparagraph the
subcontractor does not stop employing or contracting with the illegal alien; except
that Consultant shall not terminate the contract with the subcontractor if during
such three (3) days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
f. Consultant shall comply with any reasonable request by the Colorado
Department of Labor and Employment (“Department”) made in the course of an
investigation that the Department is undertaking pursuant to the authority established in
C.R.S. Article 17.5.
g. If Consultant violates this paragraph, District may terminate this
Agreement for breach of contract. If this Agreement is so terminated, Consultant shall
be liable for actual and consequential damages to the District.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first set forth above.
OWNER: CONSULTANT:
TOWN OF ESTES PARK, COLORADO _____________________________
By: ______________________________ By: __________________________
Mayor
Title: Principal
Address: _____________________
_____________________________
ATTEST: ATTEST:
By: ______________________________ By: __________________________
Town Clerk
(SEAL) (SEAL)
Other Partners:
_________________________________ _____________________________
Request For Proposals
Elm Road Environmental
improvements master plan
Landfill Leachate Mitigation
May 31st, 2013
Page 1 of 25
Page 2 of 25
NOTICE
REQUEST FOR PROPOSALS
The Town of Estes Park, Colorado, respectfully requests separate sealed PROPOSALS FOR
CONSULTING SERVICES – Elm Road Environmental Improvements Master Plan. Proposals
will be received until 3:00 p.m. local time, June 24th, 2013, in the Public Works Department,
Town of Estes Park, P.O. Box 1200, 170 MacGregor Avenue, Room 100, Estes Park, CO
80517-1200.
Project Description: The successful proposer will develop a detailed Master Plan for
approval of regulatory agencies to mitigate environmental concerns and guide future phases of
design and sets of construction documents for bidding and implementing the Elm Rd.
Environmental Improvement Plan. The Request for Proposals (RFP) containing the required
Scope of Services may be downloaded at http://www.estes.org/RFP. If you do not have
download capability, the RFP is available at the above address.
Late Proposals will not be accepted under any circumstances. Any Proposal(s) received after
the scheduled time for closing will be returned to the proposing firm unopened. Sole
responsibility rests with the proposing firm to see that their Proposal is received on time.
The Town of Estes Park, Colorado reserves the right to reject any and all Proposals, in part or
in whole, and to award the Proposal(s) to the most responsive and responsible firm(s) as
deemed in the best interest of the Town of Estes Park; further, the right is reserved to waive
any formalities or informalities contained in said Proposal(s).
Any questions concerning the Project shall be directed in writing to Scott Zurn, P.E., Public
Works Director, Fax No. 970-586-6909, E-mail –SZurn@Estes.org, 8:00 a.m. to 5:00 p.m.,
local time, Monday through Friday, excluding holidays. The deadline for submission of
questions is June 19th, 2013 .
First Advertisement:
Denver Post & Fort Collins Coloradoan, June 2nd, 2013
Signed: _________________________ Date: _______________
Scott A. Zurn, P.E.
Public Works Director
Page 3 of 25
PROPOSAL INSTRUCTIONS
The Town of Estes Park, Colorado is soliciting written Proposals from qualified firms for
CONSULTING SERVICES – Elm Road Environmental Improvements Master Plan.
The successful Proposal will contain a detailed Master Plan, completed by December 31st,
2013.
This project will involve working with several Town of Estes Park departments, Upper
Thompson Sanitation District and Colorado Department of Health And Environment.
I. INQUIRIES AND CORRECTIONS
All inquiries relating to this request shall be addressed in writing to:
Town of Estes Park
Attn: Scott A. Zurn, P.E., Public Works Director
P.O. Box 1200
170 MacGregor Avenue, Room 100
Estes Park, CO 80517-1200
Fax: 970-586-6909
E-mail: SZurn @ Estes.org
If a proposing firm submitting a Proposal finds discrepancies in or omission from the
Request for Proposal (RFP), or should require additional clarification of any part thereof,
a written request for interpretation of or change made to the RFP will be made by
written addendum and will become part of the Request for Proposal and of any contract
awarded. Town of Estes Park will not be responsible for the accuracy of any other
ORAL EXPLANATIONS, INTERPRETATIONS, or REPRESENTATIONS. All inquiries
shall be made in writing and all responses will be provided in writing in an addendum.
To be given consideration, inquires must be received by June 19th, 2013. All addenda
will be available for download on the Town of Estes Park’s website at
http://www.estes.org/RFP; or, to request a facsimile copy call 970-577-3587. It shall be
the responsibility of each proposing firm to verify that every addendum has been
received prior to submitting Proposals and to acknowledge the addenda in the space
provided on Exhibit 1, Acceptance of Conditions Statement, which is submitted with the
Proposal.
II. SUBMITTAL DEADLINE AND LOCATION
All Proposals must be received in the Public Works Department at the Town of Estes
Park, 170 MacGregor Avenue, Room 100, P.O. Box 1200, Estes Park, CO 80517-1200
prior to 3:00 p.m., local time, Monday, June 24th, 2013. Proposals must be submitted in
a sealed envelope plainly marked “Request for Proposals for Consulting Services –
Page 4 of 25
Road Environmental Improvements Master Plan”, and addressed to the Public Works
Director.
III. LATE AND TELEGRAPHIC PROPOSALS
Late Proposals will not be accepted under any circumstance, and any Proposal so
received shall be returned to the proposing firm unopened. In addition, telegraphic
and/or Proposals sent by electronic devices are not acceptable and will be rejected
upon receipt. Proposing firms will be expected to allow adequate time for delivery of
their Proposals either by airfreight, postal service or other means.
IV. PROPRIETARY INFORMATION
All information included in any Proposal that is of a proprietary nature must be clearly
marked as such. The Town of Estes Park shall be held harmless from any claims
arising from release of proprietary information not clearly designated as such by the
proposing firm. In general, it is not acceptable to the Town of Estes Park to mark
information other than financial data proprietary without the Public Works Director’s
written authorization. Failure to adhere to this restriction could result in rejection of the
entire Proposal.
V. DEFINITION, CONTEXT AND GENDER
Unless otherwise specified in this document, all words shall have a common meaning
unless the context in which they are used clearly requires a different meaning. Words in
the singular number include the plural, and in the plural include the singular.
Additionally, words of the masculine gender include the feminine and the neuter, and
when the sense so indicates, words of the neuter gender may refer to any gender.
VI. CONDITIONS OF PROPOSAL SUBMITTAL
A. All proposing firms shall comply with all conditions, requirements, and specifications
contained herein, with any departure constituting sufficient cause for rejection of the
Proposal.
B. The Proposal must be signed by a duly authorized official of the proposing firm
submitting the proposal.
C. No Proposal will be accepted from any person, firm or corporation that is in arrears
for any obligation to the Town of Estes Park, or that otherwise may be deemed
irresponsible or unresponsive by the Town of Estes Park or Board of Trustees.
D. Only one Proposal will be accepted from any person, firm or corporation.
E. All prices quoted must be firm for a period of ninety (90) calendar days from the
Proposal submittal date.
Page 5 of 25
F. The Town of Estes Park, Colorado reserves the right to reject any and all Proposals
or any part thereof. The right is reserved to waive any formalities or informalities
contained in any Proposal, and to award the Proposal to the most responsive and
responsible proposing firm as deemed in the best interest of the Town of Estes Park.
G. All Proposals shall be prepared in a comprehensive manner as to content, but no
necessity exists for expensive binders or promotional material.
H. All costs, including travel and expenses, incurred in the preparation of this Proposal
shall be borne solely by the proposing firm.
I. Town of Estes Park reserves the right to negotiate final terms with the selected
Proposer that may vary from those contained in this document.
J. Town of Estes Park reserves the right to request a client list from the Proposer, for
the purpose of determining potential conflicts of interest. Said list shall be
considered proprietary.
K. Town of Estes Park will not return Proposals, or other information supplied to Town
of Estes Park, to the proposing firms.
VII. EVALUATION OF PROPOSALS
All Proposals will be evaluated by a project committee assigned by the Public Works
Director or his designee. Proposals shall be evaluated on the basis of the evaluation
criteria noted here-in. The committee may make a selection on the basis of the
Proposals received, or may choose to “short list” prospective firms for further
negotiations. The firm selected for the award will be chosen on the basis of the
apparent greatest benefit to the Town of Estes Park, and not necessarily on the basis of
lowest price. The Director of Public Works, or his designee, shall make the final
recommendation of the firm selected for recommendation to the Town Board.
VIII. EVALUATION CRITERIA
Proposals shall be evaluated on the basis of the following criteria:
A. Responsiveness to the needs of the Town of Estes Park, both in time to complete
the project and in the scope of services offered.
B. Responsibility of the proposing firm and its experience in dealing with municipal
governments in projects of similar size, scope and nature. Successful project landfill
mitigation solutions and approvals from the CDPHE and industrial treatment
solutions with sanitation districts.
Page 6 of 25
C. The proposing firm’s engagement team, including the experience and resumes of
key personnel assigned to the project.
D. The degree to which the Proposal meets or exceeds the terms of the Request for
Proposals.
E. Results of reference checks and past performance for other clients.
F. The proposing firm’s fee (not-to-exceed cost) structure based on the services to be
provided.
G. The proposing firm’s ability to adhere to the schedule for the proposed project
phases outlined in PROPOSAL PREPARATION AND INFORMATION (see page 6
of this document).
Page 7 of 25
PROPOSAL PREPARATION AND INFORMATION
A. Proposals submitted shall contain all information as requested herein, and any
additional information necessary to summarize the overall benefit of the Proposal to the
Town of Estes Park. One (1) original and five (5) copies of the Proposal shall be
provided by the proposing firm. Clearly mark the original document as such.
B. Proposals shall include the following:
1. A cover letter containing the name, address, and telephone number of the proposing
firm, and bearing the signature of the person having the authority to make the
Proposal for the firm and bind the firm in a formal contract to the Town of Estes
Park.
2. A list of personnel assigned to the project team, including resumes with education
and work experience.
3. An executed Acceptance of Conditions Statement (Exhibit 1 of this document)
which contains:
¾ an affirmation of the acceptance of all conditions or requirements contained in
the Request for Proposals;
¾ a list of the names of any of the proposing firm’s employees who are spouses
or children of a Town of Estes Park employee, or the spouse of a Town
employee’s child;
¾ an acknowledgement of the receipt of all addenda.
4. A narrative that defines the methods and means by which the proposing firm will
perform the services outlined in the Request for Proposals.
5. A project timeline outlining the dates and specific tasks necessary to complete the
project; including the specific employees involved. Include a man-hour estimate,
summarizing the approximate number of hours for each phase or task for each
individual assigned to the project, including subconsultant personnel.
6. The proposed fixed fee of the proposing firm, broken down by project phases, as
well as rates for any anticipated reimbursable expenses such as for vehicle mileage,
equipment, postage, copying, etc. The rate schedule must be as comprehensive as
possible. If reimbursable rates are not known in advance, those reimbursable
expenses defined in the schedule shall be noted to be reimbursed “at cost”. The
fixed fee and reimbursable rate schedule will be the basis of payment for the
successful firm.
7. A list of what portion of the work, if any, will be subcontracted.
8. A list of at least five (5) references for which similar services have been provided.
Include current contact names, addresses, and telephone numbers.
Page 8 of 25
9. Any other information deemed necessary by the proposing firm.
10. An executed Reference Authorization and Release Form (Exhibit 6).
11. The Consultant’s Personnel and Subconsultants Listing (Exhibit 4).
12. An executed Affidavit (Exhibit 5), affirming the firm’s representative is lawfully
present in the United States.
C. Submittal of a Proposal shall be taken as a prima facie evidence that the proposer has
full knowledge of the scope, nature, quality and quantity of the work to be performed,
and the detailed requirements and conditions under which the work is to be performed.
D. General Requirements of the successful proposing firm:
1. The successful proposing firm shall enter into a contract with the Town of Estes Park
in the form attached hereto as Exhibit 2 and incorporated by reference herein.
2. The successful proposing firm will be required to maintain insurance coverage for
the duration of the contract period as outlined in Exhibit 2 to this Request for
Proposal.
3. The successful proposing firm shall be prohibited from assigning or subcontracting
the whole or any part of the contract without the prior written consent of the Town of
Estes Park.
4. The successful proposing firm shall not hire, discharge, promote, demote or
otherwise discriminate in matters of compensation, terms, conditions or privileges of
employment against any person otherwise qualified solely because of race, creed,
sex, national origin, ancestry, physical or mental disability, color or age.
5. The successful proposing firm and its employees will operate as an Independent
contractor and will not be considered employees of the Town of Estes Park.
Page 9 of 25
EXHIBIT 1
TOWN OF ESTES PARK
ACCEPTANCE OF CONDITIONS STATEMENT
No Board of Trustee member, member of a board or commission, Municipal Judge, Town
Administrator, Town Attorney, Utilities Director, or employee of the Town of Estes Park or any
such person’s spouse, child, parent, brother, sister, dependent or person assuming a
relationship being the substantial equivalent of the above, has a existing or pending, direct or
indirect, financial, pecuniary or personal interest in the proposing firm of this Request for
Proposal, except as follows: ___________________________________________________
I/we hereby agree to all instructions, terms and conditions, and specifications contained herein:
I acknowledge receipt of the following Addenda: ___________________________________
Proposing Firm: _____________________________________________________________
Address: ___________________________________________________________________
___________________________________________________________________________
Telephone Number: __________________________________________________________
Submitted By: _______________________________________________________________
(Signature)
Title: ______________________________________________________________________
Date: ______________________________________________________________________
Attest: _____________________________________________________________________
My Commission Expires: _______________________________________________________
Page 10 of 25
EXHIBIT 2
TOWN OF ESTES PARK
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and
entered into this ____ day of ____,_ 2013, by and between the Town of Estes Park, County of
Larimer, State of Colorado (the “Town”) and Consultant Name Here an independent
contractor (“Consultant”).
WHEREAS, the Town requires professional engineering services related to
CONSULTING SERVICES – Elm Road Environmental Improvements Master Plan, and
WHEREAS, Consultant has held itself out to the Town as having the requisite expertise
and experience to perform the required engineering services;
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
I. SCOPE OF SERVICES
A. Consultant shall furnish all labor and materials required for the complete and
prompt execution and performance of its duties, obligations, and responsibilities (the “Work”)
which are described or reasonably implied in the Consultant’s proposal dated XXXXX, which is
provided as Exhibit A (and the original PW “Request for Proposal, DATE”), both 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.
Page 11 of 25
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,
computer software and any other proprietary property and all rights to any intellectual property
developed, utilized, or modified in the performance of the Work.
D. Consultant shall provide to the Town electronic versions of the Work Product in
the format directed by the Town’s RFP.
III. COMPENSATION AND FINAL SETTLEMENT
A. In consideration for the completion of the Work by Consultant, the Town shall pay
________________________________________ . The amount specified herein shall include
the fees and expenses anticipated to be incurred by Consultant in performing all services
hereunder, as described in Exhibit A. The amount specified herein shall exclude the fees and
expenses anticipated to be incurred by others in performing the work described in Exhibit A,
as well as the Schedule of Activities in Section 1.5 of the RFP.
B. If, on the basis of the Town’s observation of the Work and the Town's review of
the final invoice and accompanying documentation as required by this Agreement, the Town is
satisfied that the Work has been completed and Consultant’s other obligations under this
Agreement have been fulfilled, the Town will, within forty-five (45) days after receipt of the final
invoice pay the amount due. Otherwise, the Town will return the invoice to Consultant,
indicating in writing the reasons for refusing to schedule final settlement, in which case
Consultant shall make the necessary corrections and resubmit the invoice.
IV. COMMENCEMENT AND COMPLETION OF WORK
Within seven days of receipt of a Notice to Proceed, Consultant shall commence work
as set forth in the Scope of Services or that portion of such work as is specified in said Notice.
Except as may be changed in writing by the Town, the Scope of Services shall be complete
and Consultant shall furnish the Town the specified deliverables as provided in Exhibit A.
V. PROFESSIONAL RESPONSIBILITY
A. Consultant hereby warrants that it is qualified to perform the Work, holds all
professional licenses required by law to perform the Work, and has all requisite corporate
authority to enter into this Agreement.
B. The Work shall be performed by Consultant in accordance with generally
accepted professional practices and the level of competency presently maintained by other
practicing professional firms performing the same or similar type of work in the Denver metro
area. The Work shall be done in compliance with applicable federal, state, and local laws,
ordinances, rules and regulations.
Page 12 of 25
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 services which
require independent judgment of Consultant in the representation of the Town with regard to
construction of the project. Consultant understands and agrees that the Town is relying upon
the independent judgment of Consultant with regard to the services provided herein.
F. Because the Town has hired Consultant for its professional expertise, Consultant
agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work
required under the Scope of Services. Upon execution of this Agreement, Consultant shall
furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a
subcontractor to whose employment the Town reasonably objects. All contracts between
Consultant and subcontractors shall conform to this Agreement including, but not limited to,
Section XI, L.
VI. INSURANCE
A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to
any other insurance requirements imposed by law.
B. Consultant shall procure and maintain, and shall cause any subcontractor of
Consultant to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurers acceptable to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended reporting
periods shall be procured to maintain such continuous coverage.
Page 13 of 25
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,
Page 14 of 25
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.
Page 15 of 25
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 Zurn, P.E., Director of Public Works
PO Box 1200
Estes Park, CO 80517
970-577-3582
Consultant: Consultant
Contact name
Address
Address
Phone number
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.
Page 16 of 25
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.
L. Work By Illegal Aliens Prohibited.
a. Consultant hereby certifies that, as of the date of this Agreement, it does
not knowingly employ or contract with an illegal alien and that Consultant has
participated or attempted to participate in the basic pilot employment verification
program as defined in C.R.S. § 8-17.5-101(1) (“Program”) in order to verify that it does
not employ illegal aliens.
b. Consultant shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a subcontractor that
fails to certify to Consultant that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement.
c. Consultant hereby certifies that it has verified or attempted to verify
through participation in the Program that Consultant does not employ any illegal aliens
and, if Consultant is not accepted into the Program prior to entering into this Agreement,
that Consultant shall apply to participate in the Program every three (3) months until
Consultant is accepted or this Agreement has been completed, whichever is earlier.
d. Consultant is prohibited from using Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
e. If Consultant obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Consultant shall be required to:
(i) notify the subcontractor and District within three (3) days that
Consultant has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(ii) terminate the subcontract with the subcontractor if within three (3)
Page 17 of 25
days of receiving the notice required pursuant to this subparagraph the
subcontractor does not stop employing or contracting with the illegal alien; except
that Consultant shall not terminate the contract with the subcontractor if during
such three (3) days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
f. Consultant shall comply with any reasonable request by the Colorado
Department of Labor and Employment (“Department”) made in the course of an
investigation that the Department is undertaking pursuant to the authority established in
C.R.S. Article 17.5.
g. If Consultant violates this paragraph, District may terminate this
Agreement for breach of contract. If this Agreement is so terminated, Consultant shall
be liable for actual and consequential damages to the District.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first set forth above.
OWNER: CONSULTANT:
TOWN OF ESTES PARK, COLORADO __________________________
By: ___________________________ By: _______________________
Mayor
Title: Principal
Address: ___________________
__________________________
ATTEST: ATTEST:
By: ___________________________ By: _______________________
Town Clerk
(SEAL) (SEAL)
Other Partners:
Page 18 of 25
EXHIBIT 3
TOWN OF ESTES PARK
CONSULTANTS SCOPE OF WORK
I. GENERAL BACKGROUND
The Public Works Department is seeking design services for the development of a Master plan
for Elm Road Environmental Improvement Master Plan (EEIMP). The desired consultant shall
develop, design, and create an approved mitigation master plan.
Therefore, the Town of Estes Park seeks proposals from consultants with
multidisciplinary design expertise in areas such as RCRA Subtitle D Landfill
environmental solutions; Leachatelandfill leachate management; Industrial waste
treatment solutions; CDPHE mitigation plan approvals; Storm water and clean water act
expertise and water quality solutions; Water sampling and laboratory testing in
accordance with EPA and CDPHE regulations, civil and drainage engineering; and,
Landfill water infiltration solutions, to design and prepare documents for Elm Rd
Environmental Improvement Master Plan.
II. INTRODUCTION
The purpose of this document is to provide qualified interested parties with information to
enable them to prepare and submit a proposal for the design services for (Elm Road
Environmental Improvements Master plan). The Town has had a recent presentation of what
appears to be landfill leachateleachate that has reached to the surface of a small tributary
seasonal creek located approximately 300 ft south of the closed unlined natural attenuation
landfill that served the Estes Valley for several decades. The Town tested the discolored fluid
and determined that the chemistry was consistent with landfill leachateleachate and
subsequently self reported to the Colorado Department of Public Health and Environment.
The Elm Rd. Environmental Improvements Master Plan ( EEIMP) for the purposes of this RFP
includes all necessary design elements to fully mitigate leachate problems and storm water
control methods to address environmental concerns and meet CDPHE required mitigations.
The Master plan shall develop a Multiyear plan to meet the environmental concerns of the
Town and CDPHE and other related regulatory agencies through a five year capital
improvement and mitigation plan. It is the objective of this Master plan to get the approval from
the CDPHE and other regulatory agencies. Following the approval of this plan the Town will
proceed with a detailed phased design and construction program that will correct and mitigate
environmental issues over a five year period. This scope of this work is for the master plan and
not the detailed design and construction documents for the construction of improvements.
Page 19 of 25
The design scope of services may include but not necessarily be limited to such items as
studies, reports, physical surveys and investigation of existing topographic and subsurface
improvements along with documenting their conditions. In addition the consultant will be
required to provide presentation materials, attend, facilitate and document meetings and
prepare a master plan including reports, testing, laboratory work and chemical analysis,
research with regulatory agencies and schematic drawings and specifications. The master
plan documents completed by the successful consultant will address items such as demolition
of existing facilities and improvements along with the schematic design of surfaces; turf;
roadways; drainage improvements; underground utilities upgrades and replacements; Sanitary
connections and leachate interception and collection facilities: Storm water ditches : collection
devises; water quality pond designs; and landfill cap designs sufficient to obtain regulatory
agencies approval to move forward with mitigation. These are just some examples of design
required under this scope of services. Therefore the consultant shall properly research the site
and existing documents to anticipate the level of work needed to prepare final bidding
documents for the EEIMP. The phase boundaries identified are conceptual only.
Improvements outside of these boundaries will likely be required to implement the intent of the
project. For instance supportive infrastructure outside of the boundaries of the EEIMP or area
of leachate identified will be considered as part of this scope of work and will be necessary.
III. PROJECT SCOPE
• Task 1 – Seep Design
o Develop cost effective design alternatives to capture seep and direct it into
sanitary sewer.
o Assist and facilitate negotiations with Upper Thompson Sanitary Sewer District
(UTSSD) to reach an acceptable agreement between both entities to accept
leachate into the (UTSSD) district for treatment.
o Anticipate that the design will consist of an underground drain collection system
that routes into a pipe that discharges into a manhole to be installed into the
sanitary sewer mainline.
o Ability to obtain analytical samples and measure flow rate within the manhole
shall be incorporated into the design.
o Alternatives or variations of the above design will be considered and evaluated
by all agencies affected.
o Conceptual (30%), draft (60%), and final (100%) design submittals required
(state whether electronic, half size, or full size drawings required).
o Include four sampling events (separated by three months) of the seep water.
Test for:
Flow rate
Standard field parameters
Standard wet chemistry parameters
Page 20 of 25
Volatile Organic Compounds
Pesticides
Other parameters required by UTSSD and/or CDPHE
o Design review and approval by Town Public Works and Utilities Departments,
UTSSD, and CDPHE, and other regulatory agencies that apply with the proposed
work.
• Task 2 – Stormwater Controls Design
o All work to be consistent with the 2009 Estes Park Master Drainage Plan, Elm
Road Industrial Area (Master Plan) prepared by RG Consulting Engineers, Inc.
and dated December 1, 2009.
o Work closely with Town Public Works and Utilities Departments to develop
design.
o All stormwater controls shall be free-draining, sized to convey the 100 year, 24-
hour storm event, and function with minimal maintenance while maximizing cost
effectiveness. All storm water designs shall meet Larimer County and Town of
Estes Park Standards.
o Routing via culverts or channels of all run-on around the perimeter of the landfill.
o Re-grading of the maintenance area on top of the landfill to be a maintainable
free-draining surface.
o Elimination of the current small detention area and infiltration gallery and the
redesign, as necessary, of all drainage channels to route stormwater drainage off
of the landfill.
o Design of detention basins and associated channels and outfalls in accordance
with the Master Plan of all ponds within Areas 301, 303, 304, 306 and 308 as
defined in the Master Plan.
o Design review and approval by Town Public Works and Utilities Departments and
CDPHE, and other applicapable regulatory agencies.
o Viable alternatives or variations of the Master Plan will be considered
o Conceptual (30%), draft (60%), and final (100%) design submittals required
(state whether electronic, half size, or full size drawings required).
• Task 3 – Project Cost Estimate and Schedule
o Develop comprehensive project construction schedule and construction cost
estimate that results in a five year implementation schedule with approximately
equal annual capital expenditure outlays.
o Submit detailed schedule and cost estimate in draft and final formats.
• Task 4 – Meetings
o Assume four internal meetings with Town and/or UTSSD personnel.
o Assume one presentation at a Town Board meeting.
o Assume as many meetings and conversations in Denver with CDPHE to achieve
approval.
• General Requirements
o All work to be in compliance with the State of Colorado Solid Waste Regulations
(6CCR 1007-2) and all Town and Larimer County code, ordinances, and
guidance documents.
o Town will provide an electronic “pdf” version of the Master Plan.
Page 21 of 25
o Town will provide an electronic topographic drawing of the landfill in AutoCAD
Version 2012.
o Work closely with all Town departments, particularly Public Works and Utilities
Departments.
The successful consultant shall enter into a contract with the Town of Estes Park for complete
professional services to include the following:
It is intended that upon entering into a contract with the successful consultant or team of
consultants that they shall be responsible for the development of a comprehensive EEIMP
approved by UTSSD; CDPHE; Town of Estes Park and all other regulatory agencies in
accordance with industry standard and to every extent possible the documents shall be in the
best interest of the Town of Estes Park. The completion of the bid documents shall be
completed on or before December 31st, 2013.
DELIVERABLES: The consultant shall design and develop all reports; presentation materials;
minutes of meetings; testing results; estimates designs; schematic drawings and plans and
specifications etc., for an approved EEIMP.
o Assume three hard copies of all conceptual and draft submittals and six hard
copies of all final submittals
o Submit one “pdf” electronic copy of all submittals.
o Submit all drawings in electronic format compatible with AutoCAD Civil 3D 2012
(or whatever Town uses).
o Submit all text documents in Microsoft Word format.
PUBLIC CONTACT: The consultant shall contact and act as liaison during construction to
mitigate any concerns or issues.
PROGRESS REPORTS AND DOCUMENTATION: The consultant will schedule, coordinate,
and document all meetings with staff, stakeholders, and Town Board. In addition, the
consultant will be required to provide progress reports as needed.
TOWN REPRESENTATIVE: The Town’s representatives on this project will be Public Works
Public Works Director Scott Zurn, P.E., 970-577-3582. All progress meetings, project review,
and day-to-day work related to project will be with the Public Works Department.
Page 22 of 25
TIME SCHEDULE: The consultant shall complete design and deliver the final document
according to the schedule outlined in Section III: PROJECT SCOPE, included in this Exhibit (3)
on page 18 of this document. The consultant shall note any deviation from the schedule in
their proposal and provide any requested changes in writing.
COMPENSATION SCHEDULE: The consultant shall show expected fee ranges for the
services. Fees for all sub-contractor or team participants shall be shown separately, and shall
be inclusive in this proposal. As stated in Exhibit 4, Illegal Aliens Agreement shall be an
applicable element in the proposal bid.
Page 23 of 25
EXHIBIT 4
TOWN OF ESTES PARK
CONSULTANT’S PERSONNEL AND SUBCONSULTANTS LISTING
Name: Role:
________________________________ _________________________
________________________________ _________________________
________________________________ _________________________
________________________________ _________________________
________________________________ _________________________
________________________________ _________________________
________________________________ _________________________
________________________________ _________________________
________________________________ _________________________
________________________________ _________________________
________________________________ _________________________
________________________________ _________________________
Insert additional lines if needed.
ILLEGAL ALIENS:
The Contractor certifies that the Contractor shall comply with the provision of CRS 8-17.5-101, et seq. The Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs
or contracts with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it:
• (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program
administered by the Social Security Administration and the Department of Homeland Security, or
• (ii) otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The Contractor shall comply with all reasonable requests
made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with
any requirement of this provision or CRS 8-17.5-101, et seq., the Town may terminate this contract for breach of contract, and the
Contractor shall be liable for actual and consequential damages to the Town.
If the Contractor obtains actual knowledge that a subcontractor performing work
under this contract knowingly employs or contracts with an illegal alien, the
Contractor shall:
(a) Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
(b) terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-paragraph (a.)
above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information
to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
Page 24 of 25
EXHIBIT 5
TOWN OF ESTES PARK
AFFIDAVIT
I, _____________________________, swear or affirm under penalty of perjury under the laws
of the State of Colorado that:
(Check only one)
____ I am a United States citizen, OR
____ I am a Permanent Resident of the United States, OR
____ I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public
benefit. I understand that state law requires me to provide proof that I am lawfully present in
the United States prior to receipt of this public benefit. I further acknowledge that making a
false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable
under the criminal laws of Colorado as perjury in the second degree under Colorado State
Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is
fraudulently received.
___________________________ _______________________
Signature Date
I, ___________________________, Town of Estes Park employee, observed the identification
supplied by the above named individual and affirm that it appears to be valid and is of the
following form:
(Check only one)
____ Colorado Driver’s License or State-issued Identification Card
____ United States Military or Military Dependent’s Card
____ Merchant Mariner Card
____ Native American Tribal Document
___________________________ _______________________
Signature Date
Page 25 of 25
EXHIBIT 6
TOWN OF ESTES PARK
REFERENCE AUTHORIZATION AND RELEASE FORM
To:
A Corporation
By: ____________________, A Partnership whose address is _________________
(Proposer) An Individual
Proposer hereby authorizes Owner to perform such investigation of Proposer as Owner deems
necessary to establish the qualifications, responsibility and financial ability of Proposer. By its
signature hereon, proposer authorizes owner to obtain reference information concerning
proposer and releases the party providing such information named above and Owner from any
and all liability to Proposer as a result of any such reference information provided.
Proposer further waives any right to receive copies of reference information provided to
Owner. An executed copy of this Reference Authorization and Release Form may be used
with the same effectiveness as an original.
By: ____________________
Title: ___________________
Date: ___________________
RESOLUTION NO. 33-13
WHEREAS, the Town of Estes Park acknowledges that tourism is the basis of
the Estes Park economy, and promoting tourism through effective marketing is critical to
continued economic growth for Estes Park and the entire Northern Colorado Region;
and
WHEREAS, tourism supports more than half of the jobs in Estes Park and
generates $46.7 million in annual income received by those workers; and
WHEREAS, as much as two-thirds of the Town of Estes Park’s general fund
sales tax revenues result from visitor spending, supporting core municipal services; and
WHEREAS, the Town of Estes Park recognizes the valuable services provided
by the local marketing district “Visit Estes Park” -- the official destination marketing
organization for Estes Park, as well as for Colorado’s top tourist attraction, Rocky
Mountain National Park; and
WHEREAS, we recognize that visitation to Estes Park has dropped significantly
due to the September flood and associated road closures, and as a result, Visit Estes
Park will receive much less lodging tax revenue than expected;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO that the Town hereby supports Visit
Estes Park’s grant application to secure alternative funding in support of its operations
and marketing efforts, which are critical to our local and regional economies.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK on this _____ day of __________________, 2013
TOWN OF ESTES PARK, COLORADO
Mayor
ATTEST:
Town Clerk
COMMUNITY
DEVELOPMENT Memo
To: Town Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Community Development Director
Will Birchfield, Chief Building Official/Floodplain Manager
Date: November 12, 2013
RE: Ordinance #13-13 - Temporary Building Requirements for Lots Adjacent to
Drainages
Objective:
Replace emergency provisions enacted after the September flood that suspended
permanent construction adjacent to drainages with provisions that allow permanent
construction, e.g. new dwellings, provided structures are elevated one-foot above the
flood of record.
This is an interim measure pending flood recovery mapping and/or stream/river
restoration.
The consideration of Ordinance 13-13, establishing temporary building requirements for
development on lots adjacent to drainages.
Present Situation:
Flood Insurance Study and Maps
The FEMA Flood Insurance Study and associated Flood Insurance Rate Maps are used
by the Town of Estes Park Floodplain Manager to regulate special flood hazard areas
(areas with a 1% annual chance of flooding). In many areas the study and maps are no
longer accurate and cannot be relied on to protect life and property.
Emergency Provisions
Emergency provisions were enacted on October 1, 2013 by the Town Administrator as
recommended by the Chief Building Official/Floodplain Manager. Issuance of floodplain
and building permits for permanent construction adjacent to drainages was temporarily
suspended. Drainages affected were Black Canyon, Fish Creek, Fall River and the Big
Thompson.
This suspension was based on several factors, including: (1) not knowing the final
location of the stream/river channels or banks; (2) not knowing the final location of the
floodplain; (3) not knowing the final base flood elevations; (4) not knowing the status of
property lines; and, (5) wanting to ensure compliance with Federal Emergency
Management Agency (FEMA) regulations to ensure businesses and residents are
eligible to purchase flood insurance.
The provisions were temporary in nature and expire on November 12th. Staff does not
recommend extending this suspension. The suspension allowed staff to consultant with
experts on best practices and next steps.
Administratively, the Chief Building Official/Floodplain Manager has been using the high
water mark of this 2013 flood event as the current floodplain boundaries. Both FEMA
National Flood Insurance Program (NFIP) representatives and other experts agreed this
is an appropriate approach. FEMA floodplain experts also reviewed and advised that
the Town’s floodplain ordinance supports this approach.
Long-Term Planning
Staff continue to work with stakeholders to reach long-term solutions for floodplain
management. The Town has partnered with the Estes Valley Land Trust to submit a
grant application for a Fall River Corridor Master Planning process. The goal of the Fall
River Master Plan will be to identify needed actions and methods to achieve
rehabilitation from the flood damage. The resulting plan will identify steps to restore Fall
River’s ecological health, minimize the impact of future flooding, and enhance
opportunities for recreational activities. Implementation of the Master Plan will take
place in parallel with review and approval by FEMA of revisions to the existing floodplain
maps (Letters of Map Revisions).
Once FEMA approves map revisions that reflect the “final” locations of streams/rivers,
these maps would serve as the basis for floodplain management, replacing the interim
measure of regulating to the high-water mark of the flood event. Ultimately, a new
Flood Insurance Study would provide more accurate information to protect life and
property from flooding. However, these studies are very expensive and take 3-5 years
to complete. FEMA currently has no plans for a new study for the Estes Valley
Drainages. Town staff are not recommending that the Town fund a new study at this
point.
Proposal:
Ordinance 13-13 allows for permanent construction in areas affected by the 2013 flood,
while taking appropriate measures to reasonably protect lives and properties from
flooding and minimize potential non-compliance with FEMA regulations (namely,
updated floodplain maps). The Ordinance further ensures that staff have all necessary
information when reviewing building and floodplain permit applications.
Ordinance 13-13 provides criteria for reviewing building permit applications for
structures on properties located adjacent to drainages.
Effective Period
If passed, this ordinance will take effect immediately upon adoption by the Town Board
and continue until Tuesday, November 11, 2014.
Staff anticipates that requirements of this Ordinance will be in effect until new regulatory
floodplains are established.
Advantages:
• This is an interim measure that is less restrictive than the emergency suspension of
permanent construction adjacent to streams and rivers. Construction can occur;
• Allows for continued building for suspended permits for new construction in areas
affected by recent flooding; and
• Lives and properties are better protected from future flood events and more likely to
be in compliance with future floodplain maps.
Disadvantages:
• Additional building permit submittal requirements for some customers.
Action Recommended:
Staff recommends adoption of Ordinance 13-13.
Budget:
Staff time to communicate temporary changes in review process.
Level of Public Interest
Moderate - High
Sample Motion:
I move to adopt/deny Ordinance Number 13-13 to establish temporary building
requirements for development on lots adjacent to drainages.
Attachments:
1. Ordinance
2. Exhibit A
To: Town Board of Trustees
Town Administrator Lancaster
From: Will Birchfield, Chief Building Official and Floodplain Manager
Alison Chilcott, Community Development Director
Date: November 12, 2013
RE: Floodplain Management and Stream/River Corridor Protection
Objective:
Report to the Town Board on floodplain management and stream/river corridor protection
activities since the September flood.
Provide information to aid in future decision-making about floodplain management,
stream/river corridor protection, short-term stabilization and long-term rehabilitation of river and
streams. Decisions will have ecological and economic impacts and will require community
input.
Present Situation:
I. Floodplain Management and Stream/River Corridor Protection
1. Floodplain management is a core service provided by the Town. The Town has
adopted local regulations that are intended to:
a. Provide adequate zoning regulations to minimize death, injury, and losses to public
and private property due to flooding; and
b. Identify and clarify where flood hazards may exist and to insure that potential buyers
or builders are aware that certain properties are in areas with special flood hazard.
(Summarized from Estes Park Municipal Code Chapter 17.28 Floodplain Regulations, 17l.28.010
Purpose)
Regulations are administered by our local floodplain manager, Will Birchfield.
Community Development
Memo
Page 1 of 9
The Town participates in the National Flood Insurance Program (NFIP) which
provides eligibility for flood insurance, flood disaster assistance, state and federal
grants, loans and buyout funds for flood-prone property. Compliance with floodplain
regulations is necessary in order to continue to qualify for the program and related
benefits. The Town’s regulations meet and in some cases exceed minimum standards
established by the FEMA National Flood Insurance Program.
2. Stream/River Corridor Protection
Also, within the Estes Valley regulations are in place to promote, preserve and enhance
the important hydrologic, biological, ecological, aesthetic, recreational and educational
functions that stream and river corridors, associated riparian areas and wetlands
provide (from Estes Valley Development Code Section 7.6 Wetlands and Stream
Corridor Protection, A. Purpose and Intent).
Regulations are administered by the Town of Estes Park Planning Division for the entire
Estes Valley. Stream and river corridors and associated riparian areas are wider than
flood hazard areas.
II. Flood Impact
1. Within the Estes Valley, the flood caused major changes to Fish Creek and portions of
Fall River. Big Thompson and Black Canyon experienced less change.
a. Watercourses migrated (50 feet or more in some areas),
Fall River Migration & Alluvial Deposits
Home at River’s Edge was 50 feet
from Fall River
b. An enormous amount of alluvial debris was deposited (with depths of at least 3 feet).
c. Fish Creek no longer meanders in many areas.
d. Stream/river beds were lowered (maybe as much as 5 feet).
Page 2 of 9
e. Stream/river corridors widened (50+ feet in some areas).
Rain triggered rock and mud slides which removed vegetation.
]
Giant Track Mountain Rock Slide MacGregor Mountain-Slide off Fall River Road
2. Infrastructure, homes, and businesses in stream and river corridors were damaged or
destroyed.
Fish Creek- roads & utilities destroyed
Stream/river migration and erosion has rendered some lots along Fish Creek and Fall
River temporarily or permanently unbuildable.
Approximately half the structures (3,750) in the Estes Valley were affected by the rains
and flood; e.g., located in the no flush zone, had groundwater in the crawl space,
basement, or first floor living space. . .
In terms of numbers, severe physical damage to homes and businesses was minimal
within Town limits. One home was substantially damaged (50% or more of valuation to
fix), fourteen additional buildings experience some level of structural compromise, but at
this point we do not think they meet the substantial damage criteria. For those who
Page 3 of 9
suffered losses the loss is tremendous. All these structurally damaged buildings were
outside the mapped special flood hazard area.
Structural damage & Fish Creek channel migration. Homes were 30 feet from Fish Creek
Fall River undercutting bank / encroaching on home
III. Flood Hazard Areas Have Moved
The FEMA Flood Insurance Study and associated Flood Insurance Rate Maps are used by
the Floodplain Manager to regulate special flood hazard areas (areas with a 1% annual
chance of flooding). In many areas the study and maps are no longer accurate and cannot
be relied on to protect life and property.
IV. Temporary Suspension of Permitting for Permanent Construction
1. The final location of our watercourses has ecological and economic impacts, and
requires community input. Because of this the Town has implemented a temporary
suspension for existing and new building permits in or along our waterways. Returning
streams and rivers to their pre-flood locations and reclaiming land is not allowed at this
time. This suspension is based on several factors, such as not knowing the final location
of the stream/river channels, floodplain, and to ensure businesses and residents remain
eligible to purchase flood insurance.
Page 4 of 9
2. Emergency provisions need to continue beyond the initial “sunset” date of Tuesday,
November 12th. Staff is using the high water mark of this event as current floodplain
boundaries. Both FEMA NFIP representatives and other experts agreed this is an appropriate
approach. FEMA floodplain experts reviewed and advised that the Town’s floodplain ordinance
supports this approach (see #4 below).
3. Temporary Work. Permits are being issued for temporary work necessary to prevent further
loss of property, such as bank stabilization, shoring buildings, repairing private bridges and
utility infrastructure. There are no fees for the floodplain permits or for the associated building
permit authorizing work on a temporary basis. Work can only be approved on a temporary basis
until more information is obtained regarding the magnitude and significance of the flood event.
At this time only engineers can apply for flood plain permits. We have chosen not to limit this to
hydrologists only.
4. Permanent Work. On November 12, 2013, the Town Board will consider Ordinance 13-13,
establishing temporary building requirements for permanent structures adjacent to drainages.
The Ordinance will allow for new construction, substantial additions and changes, provided that
they are constructed one (1) vertical foot above the high water mark or current mapped
regulatory floodplain (whichever is stricter). This measure allows for new and continued
construction in areas affected by the flood, while taking appropriate precautions to ensure
properties are better protected from future flood events and in compliance will future floodplain
maps.
V. Short-Term Stream/River Stabilization
1. Short-term bank stabilization is needed prior to spring runoff. Remobilization of
materials in debris fans can cause further scouring and bank erosion. The window for
stabilization is closing. Ideally work would be complete before ground freezes.
Tasks Include:
a. Identify roles and expectations for private, local, state, and federal entities.
Status:
Bank stabilization is a private responsibility on private property. Permitting is
required.
Roles and expectations to minimizing hazards related to re-mobilization of debris
fans prior to spring run-off are TBD.
b. Identify priorities for restoration (e.g. who needs to do what and where, enforcement
of floodplain regulations, etc.)
Status:
Page 5 of 9
At this point, Community Development priorities are (1) Stonebridge Estates on Fish
Creek (2) Fall River from Estes Condos/Bugle Point upstream to the Fish Hatchery.
Significant work is required along most of Fish Creek. With the fine sedimentary soils
further incision, downward cutting of the stream bed is possible per Natural
Resource Conservation Hydrologist Steve Yochum. Responsibilty for Fish Creek
rehabilitation needs to be determined, i.e. with the Town or County take the lead.
c. Identify public and private resources/grants
Status: FEMA assists with bank stabilization when structures/improvements are
threatened and/or man-made banks are damage. The Natural Resource
Conservation Corps can step in where FEMA leave off assisting with stabilizing
natural banks.
Federal funding from the Natural Resource Conservation Service may be available
(75% federal/25% match); funding will be prioritized and requires a sponsor, e.g. the
Town of Estes Park. Sponsorship will be acted on at the next Town Board meeting.
The 25% match does not have to be Town funds.
Technical assistance and grants are also available from the Corps of Engineers,
Colorado Water Conservation Board, FEMA. Staff is also looking into grants from
foundations.
FEMA is obtaining LiDAR data in November. LiDAR is a remote sensing technology
that is used to make high resolution maps. This data will assist with floodplain/flood
recovery mapping.
ICON Engineering provided high water mark documentation and flow estimates for
Fish Creek and Fall River. Fish Creek measurements yielded a discharge of
approximately 1,000 to 1,200-cfs; this estimate exceeded the 840-cfs discharge for
the 0.2% annual chance storm event (500 year). A peak flow for the flood along Fall
River was calculated to be 520-cfs at the Placid Lake Dam; this estimate equated a
10% annual chance of discharge (10-Year, 450-cfs) and a 2% annual chance event
(50-Year, 610-cfs).
The Town has partnered with the Estes Valley Land Trust to submit a grant
application for a Fall River Corridor Master Planning process. The goal of the Fall
River Master Plan will be to identify needed actions and methods to achieve
rehabilitation from the flood damage. The resulting plan will identify steps to restore
Fall River’s ecological health, minimize the impact of future flooding, and enhance
Page 6 of 9
opportunities for recreational activities. Implementation of the Master Plan will take
place in parallel with review and approval by FEMA of revisions to the existing
floodplain maps (Letters of Map Revisions). Staff hopes to secure additional funding
from the Clean Water Conservation Board and North Colorado Community
Foundation to conduct a similar project along the Fish Creek drainage.
d. Implementation Schedule (e.g. bank stabilization prior to spring runoff).
Status: Some private property owners have attempted to stabilize banks. Current
temporary mitigation activities are using available materials which may not always
comply with best practices.
VI. Long-Term Stream/River Rehabilitation
Rehabilitation of streams/rivers requires planning. Rehabilitation projects can take eighteen
months or longer.
For long-term rehabilitation, staff recommends adopting best practices as identified by
experts such as FEMA and NRCS for rehabilitation.
1. Answers are needed to questions such:
a. Can/should a river segment be moved back to its former location, remain in its
current location, or moved to a new location?
b. How does moving a river impact upstream and downstream properties? Discreet
unplanned projects can negatively impact up and downstream property owners?
c. Who pays for the work?
d. Is acquisition of conservation easements or land needed? If so, by who and with
what funds?
2. Developing criteria and standards for permitting permanent work where the flood
hazard areas and floodway have moved with the watercourse need is required.
VII. Ongoing Work
Staff are:
1. Continuing to consult with, and learn from, experts about best practices. This
includes: Stream Restoration Coordinator at the Colorado Water Conservation Board;
District Conservationist and Hydrologists from the Natural Resources Conservation
Service; FEMA Floodplain Specialists (one of whom is embedded with Community
Development); private consultants such as ICON or Stantek, if funds allow, City of Fort
Page 7 of 9
Collins and Larimer County Floodplain Managers; Estes Valley Land Trust, and
Colorado Association of State Stormwater and Floodplain Managers.
2. Engage stakeholders in short-term stabilization and long-term rehabilitation
discussions. One of the next steps is to create, or participate in, a local Stream
Taskforces, as recommended by the Colorado Water Conservation Board.
3. Work towards adopt an Advisory Map. Adopt an advisory map for regulatory
purposes until a new Flood Insurance Study is completed, which may not occur for a
year or more. Staff is in contact with the Colorado Water Conservation Board which
plans to prepare recovery maps.
High-water marks from this flood event along with peak stream/river flows need to be
obtained to create the advisory/recovery maps. NRCS has prioritized Fall River and
Fish Creek for peak flow estimates.
Also, staff will determine if the Town can use current study where there is no alteration
of course, conveyance capacity.
4. Glossary of Terms. Prior to the CD/CS meeting a Glossary of Floodplain Plain
Management terms is attached and will be posted at www.estes.org. Trustees are likely
to hear these terms frequently over the next year or two.
Proposal:
Staff provided this report to the CD/CS Committee on October 24, 2014.
Advantages:
N/A
Disadvantages:
N/A
Action Recommended:
Report only. No action needed at this time.
Budget:
TBD
Level of Public Interest:
Very High
Sample Motion:
Page 8 of 9
N/A
Page 9 of 9
Page 1 of 3
Glossary of Floodplain Management Terms
The following definitions are from the Colorado Water Conservation Board Floodplain
Rules and Regulations.
Term Definition
100-year Flood
A flood having a recurrence interval that has a one-percent chance of being equaled or
exceeded during any given year (1-percent-annual-chance-flood). The terms "one-
hundred-year flood" and "one percent chance flood" are synonymous with the term
"100-year flood." The term does not imply that the flood will necessarily happen once
every one hundred years.
500-year Flood
A flood having a recurrence interval that has a 0.2-percent chance of being equaled or
exceeded during any given year (0.2-percent-chance-annual-flood). The term does not
imply that the flood will necessarily happen once every five hundred years.
Base Flood
Is synonymous with 100-year flood and is a flood having a one percent chance of being
equaled or exceeded in any given year.
Basin
The total land surface area from which precipitation is conveyed or carried by a stream
or system of streams under the force of gravity and discharged through one or more
outlets.
CFS – Cubic Feet per Second
A rate of the flow, in streams and rivers, for example. It is equal to a volume of water
one foot high and one foot wide flowing a distance of one foot in one second. One "cfs"
is equal to 7.48 gallons of water flowing each second.
Channelization
The artificial creation, enlargement or realignment of a stream channel.
Colorado Floodplain and Stormwater Criteria Manual
The Manual prepared by the CWCB to aid local officials and engineers in the proper
regulation and design of flood protected facilities. The Manual is advisory, rather than
regulatory, in purpose.
Conditional Letter of Map Revision (CLOMR)
FEMA's comment on a proposed project, which does not revise an effective floodplain
map, that would, upon construction, affect the hydrologic or hydraulic characteristics of
a flooding source and thus result in the modification of the existing regulatory floodplain.
Page 2 of 3
Critical Facility or Critical Facilities
Means a structure or related infrastructure, but not the land on which it is situated, as
specified as essential facilities per ASCE/SEI 7, that if flooded may result in significant
hazards to public health and safety or interrupt essential services and operations for the
community at any time before, during and after a flood.
Detailed Floodplain Information
Floodplain information prepared utilizing topographic base mapping, hydrologic
analysis, and hydraulic calculations to arrive at precise water surface profiles and
floodplain delineations suitable for making land use decisions under statutorily
authorized zoning powers.
Flood Insurance Rate Map (FIRM)
A FIRM is the official map of a community on which FEMA has delineated both the
special hazard areas and the risk premium zones applicable to the community.
Floodway
The channel of a river or other watercourse and the adjacent land areas that must be
kept free of obstructions in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
Freeboard
The vertical distance in feet above a predicted water surface elevation intended to
provide a margin of safety to compensate for unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood such as debris
blockage of bridge openings and the increased runoff due to urbanization of the
watershed.
Hydraulic analysis
The determination of flood elevations and velocities for various probabilities based on a
scientific analysis of the movement and behavior of floodwaters in channels and
overbank areas.
Hydrologic Analysis
The computation of the peak rate of flow, or discharge in cubic feet per second, for
various selected probabilities for streams, channels, or watersheds based on a scientific
analysis of the physical process.
Page 3 of 3
Letter of Map Revision (LOMR)
An official revision to the currently effective FEMA map. It is issued by FEMA and
changes flood zones, delineations, and elevations.
Letter of Map Revision Based on Fill
(LOMR-F) FEMA’s modification of the Special Flood Hazard Area (SFHA) shown on the
Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing
regulatory floodway.
Regulatory Floodplain
Floodplain Maps, Profiles, and related information for flood hazard areas that have been
designated and approved for regulatory purposes.
Substantial Change
Any improvement to, or rehabilitation due to damage of, a structure for which the activity
performed equals or exceeds 50% of the pre-improvement or pre-damaged value of the
structure. The value of the structure shall be determined by the local jurisdiction having
land use authority in the area of interest.
Regulatory Floodplain
The Regulatory Floodplain in Colorado is the 100-year floodplain. However, the CWCB
will Designate and Approve 500-year floodplain information but only at the written
request of a local authority having land use jurisdiction. In addition, previously
designated floodplain areas that have been removed from FEMA’s effective regulatory
floodplain by a Letter of Map Revision based on Fill (LOMR-F) shall remain within the
Regulatory Floodplain for all activities affected by Rule 11(c). All Designated and
Approved Regulatory Floodplain information can be used by local authorities having
land use jurisdiction for the purpose of local regulation. The General Assembly has
deemed the designation of floodplains a matter of statewide importance and interest
and gave the CWCB the responsibility for the designation of Regulatory Floodplains and
to assure protection of public health, safety, welfare and property by protecting
development in the Regulatory Floodplains.
SFHA – Special Flood Hazard Area
Areas subject to inundation by the 1% annual chance flood.
ORDINANCE NO. 13-13
AN ORDINANCE OF THE TOWN OF ESTES PARK, LARIMER COUNTY,
COLORADO, ESTABLISHING TEMPORARY REQUIREMENTS FOR
DEVELOPMENT ADJACENT TO DRAINAGES.
WHEREAS, the Town of Estes Park has adopted Estes Park Municipal Code
Chapter 17.28 Floodplain Regulations to identify and clarify where flood hazards may
exist and to ensure that potential buyers and builders are aware that certain properties
are in areas with special flood hazards; and
WHEREAS, on September 12, 2013, Estes Park was impacted by a severe flood
event; and
WHEREAS, on October 1, 2013, the Town of Estes Park temporarily suspended
existing permits and issuance of new floodplain permits and building permits for
permanent construction on properties located within the Town and adjacent to the Black
Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages; and
WHEREAS, the temporary building suspension enacted on October 1, 2013, will
expire on November 12, 2013; and
WHEREAS, due to the September 2013 flood event, the Town does not know
the final location of stream/river channels or banks; the final location of floodplains; and
final base flood elevations; and
WHEREAS, the Town wants to ensure compliance with FEMA regulations to
ensure businesses and residents are eligible to purchase flood insurance; and
WHEREAS, the Town recognizes that property owners may wish to initiate,
continue, and complete construction adjacent to stream/river channels; and
WHEREAS, the Board of Trustees hereby determines that it is in the public
interest to adopt this Ordinance in order to adopt temporary building standards for
properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall
River or the Big Thompson River drainages.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1. Temporary building standards and regulations for properties located within
the Town and adjacent to the Black Canyon, Fish Creek, Fall River and/or the Big
Thompson River drainages is hereby established, as more fully set forth on Exhibit A
attached hereto and incorporated herein by this reference.
Section 2. The temporary building standards and regulations set forth on Exhibit A
shall take effect upon the effective date of this Ordinance and continue until November
11, 2014 unless amended, extended and/or terminated by further action of the Board of
Trustees.
WHEREAS, the immediate passage of this Ordinance is necessary for the
preservation of health, safety and welfare of the citizens of the Town in order to prevent
unsafe construction adjacent to drainages, and therefore the Ordinance shall take effect
and be in force immediately after its passage, adoption, and signature of the Mayor.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO, on this _________ day of
________________, 2013.
TOWN OF ESTES PARK
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at the meeting of
the Board of Trustees on the _______ day of _______________, 2013, and
published in a newspaper of general circulation in the Town of Estes Park, Colorado,
on the _______ day of __________________, 2013.
_____________________________
Town Clerk
EXHIBIT A
Flood Protection Elevation
In order to account for the impacts of future development on flood depths and to ensure
the least expensive insurance rate for property owners, all new structures, substantial
changes and additions on properties located within the Town and adjacent to the Black
Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages shall be built
a minimum of one vertical foot above the flood of record. The flood of record shall be
measured from the high water marks from the September 2013 flood event, as
minimum elevation regardless of the current regulatory flood location. When the high
water mark and regulatory floodplain are inconsistent with one another, the more
restrictive shall govern.
Building Permit Submittal Requirements
All applications for development review shall submit the following information in addition
to standard submittal requirements:
i. Site plan shall include:
a. Current Regulatory Floodplain.
Location of the current regulatory floodplain, including elevation points
adjacent to proposed development and distance to proposed
development; and
b. High Water Marks and Lines.
High water mark and line locations from the September 2013 flood event,
including elevation points adjacent to proposed development, and
distance from marks and lines to the proposed development.
ii. Federal Emergency Management Agency Elevation Certificate (FEMA Form
086-0-33; Revised 7/12). A FEMA Form 086-0-33, Revised 7/12 or
subsequent revisions, shall be submitted for each structure within a proposed
development, taken from the regulatory floodplain.
iii. A qualified Colorado registered professional engineer in good standing shall
direct or supervise floodplain projects within the regulatory floodplain and/or the
high water mark from the flood of record. Project designs within the regulatory
floodplain shall be certified and sealed by the Colorado registered professional
engineer of record.
iv. Measurements shall be taken in accordance with Estes Valley Development
Code §1.9.D.2.
v. Other Items that may be required at the discretion of staff if necessary to
perform a complete and reasonable review of the development, including but
not limited to:
a. The location of fill material to be imported to the site and confirmation from
a qualified expert that the engineering characteristics of the fill are
appropriate for development; and
b. The location where material being exported from the site will be deposited.
The land owner or agent accepting the deposit must be identified and
approval confirmed by staff; and
c. Identification of all structures on, or adjacent to the site that may be
affected by grading and development, and presentation of detailed
mitigation measures to reduce any negative impact to existing structures
during development.
vi. Staff may waive submittal requirements depending on the amount of
information necessary to perform a complete and reasonable review of the
development.
COMMUNITY
DEVELOPMENT Memo
To:
Town Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Community Development Director
Will Birchfield, Chief Building Official
Date: November 12, 2013
RE: Revision to Town Floodplain Regulations
Objective:
Revise the Town floodplain regulations to comply with minimum state standards by the
January 14, 2014 deadline. Revise the regulations to address a minor housekeeping
item, i.e. revising the reference from the Board of Adjustment to the Board of Appeals
as specified in the adopted building code.
Present Situation:
The Town of Estes Park has adopted Floodplain Regulations as part of Chapter 17 of
the Estes Park Municipal Code. The Colorado Water Conservation Board (CWCB)
established new statewide floodplain rules (Rules) on January 14, 2011. The Rules are
applicable to all geographic areas of Colorado.
The Town must update, adopt and enforce our local ordinances by January 14, 2013 to
be in compliance with the new Rules. Although the Rules present higher standards than
those set forth as minimum standards in the National Flood Insurance Program, they
become the effective minimum standards for Colorado.
The attached ordinance proposes the following changes to the Town’s Floodplain
Regulations:
1. Redefine the floodway from a 12-inch rise to a six-inch rise. This will become
effective when the Town has new studies/maps which are incorporated into
FEMA maps.
2. Freeboard standards. Freeboard is elevating a building’s lowest floor above
predicted flood elevations by a small additional height. Elevating a building in
such a way can lead to substantial reductions in flood insurance and significantly
decrease the chances the building will be damaged by storms and flooding.
One foot of freeboard shall be required on all new and substantially changed
structures within the floodplains with a one percent chance of flooding annually
(100-year floodplains). Two feet of freeboard shall be required for new and
substantially changed critical facilities within the 100-year floodplains.
3. Letter of Map Revision Based on Fill (LOMR-F). Will prevent basements in
buildings built on fill which has been placed to raise a structure or lot to or above
the base flood elevation.
The Community Development/Community Services Committee received this report at
their October, 2013 meeting. These Municipal Code revisions are unrelated to the
September 2013 flood.
Proposal:
Amend the Estes Park Municipal Code to include the CWCB Rules established on
January 14, 2011. The Chief Building Official is the Town’s floodplain manager and
administers the floodplain regulations.
Advantages:
• Compliance with minimum state floodplain requirements; and
• Properties better protected from future flood events.
Disadvantages:
• Not adopting such regulations is a violation of state law; and
• Ineligible for numerous floodplain-related grants.
Action Recommended:
Recommendation to the Town Board of Trustees to Ordinance Number TBD - 13.
Budget:
Publication and codification fees are estimated at $500.
Level of Public Interest
Low
Sample Motion:
I move to adopt/deny Ordinance Number 14-13.
Attachments:
1. Ordinance Number 14-13
2. Exhibit A: Municipal Code Revisions
I.DEFINITIONS
II. WHERE WE WERE
III.WHERE WE ARE: 2013 Flood
IV.WHERE ARE WE GOING? – Public Process
A. State Floodplain Regulations
B. Community Rating System (CRS)
C. Temporary Regulations
D. Long Range Planning – Community Decisions
V. QUESTIONS AND ANSWERS
Floodplain Regulations
I. Definitions
100-YEAR FLOOD
A flood having a recurrence interval that has
a one-percent chance of being equaled or
exceeded during any given year (1-percent-
annual-chance-flood). The terms “one-
hundred-year flood” and “one-percent
chance-flood” are synonymous with the
term “100-year flood.” The term does not
imply that the flood will necessarily happen
once every one hundred years.
Note: The Concept is probability, not frequency
I. Definitions
500-YEAR FLOOD
A flood having a recurrence interval that
has a 0.2-percent chance of being
equaled or exceeded during any given
year (0.2-percent-chance-annual-flood).
The term does not imply that the flood
will necessarily happen once every five
hundred years.
Note: The Concept is probability, not frequency
I. Definitions
BASE FLOOD
Is synonymous with 100-year flood and is
a flood having a one percent chance of
being equaled or exceeded in any given
year.
Note: National Flood Insurance Program (NFIP) is based
on the 1% flood.
I. Definitions
BASE FLOOD ELEVATION (BFE)
The elevation shown on the FEMA Flood
Insurance Rate Map that indicates the
water surface elevation resulting from a
flood that has a one percent chance of
equaling or exceeding that level in any
given year.
I. Definitions
SUBSTANTIAL IMPROVEMENT/CHANGE
Any reconstruction, rehabilitation, addition
or other improvement of a structure, the
cost of which equals or exceeds 50 percent
of the market value of the structure before
the improvement/change.
I. Definitions
CFS- CUBIC FEET PER SECOND
A rate of the flow, in streams and rivers,
for example. It is equal to a volume of
water one foot high and one foot wide
flowing a distance of one foot in one
second. One “cfs” is equal to 7.48
gallons of water flowing each second.
Note: Board Room cross section = 420 square feet
I. Definitions
DETAILED FLOODPLAIN INFORMATION
Floodplain information prepared utilizing
topographic base mapping, hydrologic
analysis, and hydraulic calculations to
arrive at precise water surface profiles
and floodplain delineations suitable for
making land use decisions under
statutorily authorized zoning powers.
Note: “d” Community: Mapped Floodway & BFEs
I. Definitions
FLOOD INSURANCE RATE MAP (FIRM)
A FIRM is the official map of a
community on which FEMA has
delineated both the special hazard areas
and the risk premium zones applicable to
the community.
Note: AE zones means defined BFEs, X (Shaded or
Unshaded) means low risk
I. Definitions
FLOODWAY
The channel of a river or other watercourse
and the adjacent land areas that must be
kept free of obstructions in order to
discharge the base flood without
cumulatively increasing the water surface
elevation more than a designated height.
Note: NFIP limits rise to 12” maximum. Locally, we can
regulated less rise, but not allow more rise.
I. Definitions
Note: Army Corps of Engineers permit required when working in
FLOODWAY.
Town floodplain permit required when working in
FLOODWAY or FLOOD FRINGE
I. Definitions
FREEBOARD
The vertical distance in feet above a
predicted water surface elevation intended
to provide a margin of safety to compensate
for unknown factors that could contribute to
flood heights greater than the height
calculated for a selected size flood such as
debris blockage of bridge openings and the
increased runoff due to urbanization of the
watershed.
Note: Lowest floor means slab on grade, crawl space or
basement
I. Definitions
REGULATORY FLOODPLAIN
Floodplain Maps, Profiles, and related
information for flood hazard areas that have
been designated and approved for
regulatory purposes.
Note: NFIP regulatory floodplain is the 1% flood. Locally,
we can adopt more restrictive, but not less.
I. Definitions
SFHA – SPECIAL FLOOD HAZARD AREA
Areas subject to inundation by the 1%
annual chance flood.
Note: NFIP standard is 1%
II. Where We Were
Note: Detailed Study includes BFE’s and defined floodways
16
II. Where We Were
“d” Community
Note: Detailed Study includes Profiles (BFEs)
II. Where We Were
II. Where We Were
“d” Community
Note: The data was approved by FEMA and the Town
III. Where We Are
Major
Erosion
21
III. Where We Are
Channel
Relocations
22
III. Where We Are
Debris & Materials
Movement & Deposits
IV. Where Are We Going? A. State Floodplain Regulations
23
Note: Adopted by the state in 2011. Political subdivisions
required to adopt by 2014
IV. Where Are We Going? A. State Floodplain Regulations
(1)Regulatory Floodplain means the 100-year
floodplain. Previously designated floodplain areas
that have been removed from FEMA’s effective
regulatory floodplain by a Letter of Map Revision
based on Fill (LOMR-F) shall be regulated by
requiring all new and substantially improved
structures on these lands to maintain the lowest
floor above the base flood elevation, consistent with
development in the regulatory floodplains.
Note: State Regulatory Floodplain is the 1% flood
IV. Where Are We Going? A. State Floodplain Regulations
(b) Establishment of Floodway Criteria. The Town recognizes
that Designated Floodways are administrative limits and tools used
to regulate existing and future Floodplain developments within its
jurisdiction. At such time when floodways are to be delineated
through Physical Map Revisions involving local government
participation, the Town shall delineate floodways for the revised
reaches based on ½-foot rise criteria. Letters of Map Revision to
existing floodway delineations may continue to use the floodway
criteria in place at the time of the existing floodway delineation. Until
such time that floodways are revised and designated, the Town may
continue to regulate its mapped one-foot floodways. For reaches
where a transition must be shown to connect new studies to existing
studies with different floodway criteria, the transition length shall not
exceed 2,000 feet.
Note: NFIP Floodway – Maximum 12” rise
State Floodway – Maximum 6” rise
Town Floodway – Max. 12” rise until receipt of new maps, then 6” rise
IV. Where Are We Going? A. State Floodplain Regulations
(a)Minimum Freeboard. A minimum freeboard of one foot above the 100-year
flood elevation (Base Flood Elevation) shall apply to structures in the
floodplain as follows:
1)Residential Structures. New and Substantially Changed residential
structures, and Additions to existing residential structures shall be
constructed with the lowest floor, including basements, placed with a
minimum of one foot of freeboard above the Base Flood Elevation.
2)Non-residential Structures. New and Substantially Changed non-residential
structures, and Additions to existing non-residential structures shall be
constructed with the lowest floor, including basements, placed with a
minimum of one foot of freeboard above the Base Flood Elevation, or be
flood-proofed to an elevation at least one foot above Base Flood Elevation.
Agricultural structures shall be exempt from this requirement.
Critical Facilities shall be constructed with two feet of freeboard or
flood-proofed to an elevation at least two feet above the Base Flood
Elevation. This requirement does not affect the freeboard requirement
for levees described in Section 17.28.040.
Note: Applies to New, Substantially Changed, and Additions
Revised Local Floodplain Regulations
(a) A qualified Colorado registered professional
engineer in good standing shall direct or supervise
floodplain projects within the regulatory floodplain
and project designs within the regulatory floodplain
shall be certified and sealed by the Colorado
registered professional engineer of record.
IV. Where Are We Going?
A. State Floodplain Regulations
Note: Current Administrative Policy
•Only engineers can apply for floodplain permits
•Engineer of record must submit a post-work certificate of
compliance
IV. Where Are We Going? A. State Floodplain Regulations
(1)No adverse floodway impact means that there is a 0.00-
foot rise in the proposed conditions compared to
existing conditions floodway.
Upon completion of any work within a floodway, a
Floodway No-Rise Certificate shall be submitted by the
engineer or record.
Revised Local Floodplain Regulations
Note: In some locations this will not be possible under
current conditions
29
IV. Where Are We Going?
B. Community Rating System (CRS)
Note: Biggert-Waters Act: Insurance Changes
CRS: Increased Regulations Decreased Insurance
Premiums
30
IV. Where Are We Going?
C. Temporary Floodplain Regulations
IV. Where Are We Going?
C. Temporary Floodplain Regulations
High water mark or mapped
floodplain (whichever is more
restrictive)
Downtown
Fall River Fish Creek
31
32
IV. Where Are We Going? D. Long Range Planning
Many Pieces
Many Stakeholders
Many Concerns/Issues
ISSUES OF FLOODPLAIN ADMINISTRATOR
33
Wet summer/Ground saturated
9.25” – 11 .56” of rainfall, September 9-16
15.6” Annual Precipitation
Climate Change
Accuracy of Flood Insurance Study (FIS)
Event Probability Varied by Watershed
Event Duration (~2.5 days)
IV. Where Are We Going? D. Long Range Planning
IV. Where Are We Going?
D. Long Range Planning
09/12/13 Flood
Event
Rapid Building
Assessments
Temp.
suspension of
Permanent
Construction
Bank
Stabilization for
Spring Runoff
Permanent
Work (High
Water Mark)
Identify
Resources
Long-range
planning
Master Plan
Implementation
New Flood
Study?
Work with Stakeholders
see general report for more information
NOW
ORDINANCE NO. 14-13
AN ORDINANCE OF THE TOWN OF ESTES PARK, LARIMER COUNTY,
COLORADO, AMENDING TITLE 17 THE ESTES PARK MUNICIPAL CODE BY
INCLUDING FLOODPLAIN REGULATIONS ENACTED BY THE COLORADO WATER
CONSERVATION BOARD.
WHEREAS, on January 14, 2011, the Colorado Water Conservation Board
established new statewide floodplain rules (Rules) that apply to all geographic areas of
Colorado; and
WHEREAS, by January 14, 2014, local entities, including the Town of Estes
Park, must update, adopt and enforce their own local ordinances to stay in compliance
with the Rules;
WHEREAS, this ordinance was introduced and read at length on November 12,
2013, at the regular meeting of the Board of Trustees of the Town of Estes Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1. The Municipal Code of the Town of Estes Park is amended by the revision
of Chapter 17.28 – Floodplain Regulations as more fully set forth on Exhibit A attached
hereto and incorporated herein by this reference.
Section 2. If any provision of this Ordinance or the application thereof is held invalid,
such invalidity shall not affect other provisions or application of this Ordinance which
can be given effect without the invalid provision or application, and to this end, the
provisions of this Ordinance are hereby declared severable.
Section 3. The Ordinance shall take effect and be in force 30 days after its adoption
and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS _________ DAY OF ________________, 2013.
TOWN OF ESTES PARK
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at the meeting of
the Board of Trustees on the _______ day of _______________, 2013, and
published in a newspaper of general circulation in the Town of Estes Park, Colorado,
on the _______ day of __________________, 2013.
_____________________________
Town Clerk
EXHIBIT A
Section 1: Chapter 17.28.015 of the Municipal Code regarding floodplain regulation definitions
to be amended to read as follows:
Sec. 17.28.015. Definitions.
For purposes of this Chapter only, certain terms and words are defined as set forth in this
Section:
(1) Existing manufactured homepark or subdivision means a manufactured homepark
for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, construction
of streets and either final site grading or the pouring of concrete pads) are completed
before the effective date of the ordinance codified in this Chapter.
(2) Expansion to existing manufactured homepark or subdivision means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets and either final site grading or the pouring of concrete pads).
(3) Manufactured home means a structure, transportable in one (1) or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management
purposes, the term manufactured home also includes parked trailers, travel trailers and
other similar vehicles placed on a site for greater than one hundred eighty (180)
consecutive days. For insurance purposes, the term manufactured home does not include
parked trailers, travel trailers and other similar vehicles.
(4) Manufactured homepark or subdivision means a parcel or contiguous parcels
of land divided in two (2) or more manufactured home lots for rent or sale.
(5) New manufactured homepark or subdivision means a manufactured homepark
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after the effective date of floodplain management regulations
adopted by the Town. (Ord. 7- 87 §8, 1987; Ord. 8-90 §3, 1990; Ord. 15-97, 1997)
(1) Critical Facility or Critical Facilities means a structure or related infrastructure, but
not the land on which it is situated, as specified as essential facilities per American
Society of Civil Engineers (ASCE/SEI 7), and Article 5, Section H of the Colorado
Floodplain Damage Prevention Ordinance, that if flooded may result in significant
hazards to public health and safety or interrupt essential services and operations for
the community at any time before, during and after a flood.
Page 1 of 8
EXHIBIT A
(2) Floodplain Administrator means the community official designated by title to
administer and enforce the floodplain management regulations.
(3) Floodway means the channel of a river of other watercourse and the adjacent land
areas that must be kept free of obstructions in order to discharge the base flood
without cumulatively increasing the water surface elevation more than a designated
height.
(4) Freeboard means the vertical distance in feet above a predicted water surface
elevation intended to provide a margin of safety to compensate for unknown factors
that could contribute to flood heights greater than the height calculated for a
selected size flood such as debris blockage of bridge openings and the increased
runoff due to urbanization of the watershed.
(5) No-Rise Certification means a record of the results of an engineering analysis
conducted to determine whether a project will increase flood heights in a floodway.
A No-Rise Certification must be supported by technical data and signed by a
registered Colorado Professional Engineer. The supporting technical data should be
based on the standard step-backwater computer model used to develop the 100-
year floodway shown on the Flood Insurance Rate Map (FUIRM) or Flood Boundary
and Floodway Map (FBFM).
(6) Regulatory Floodplain means the 100-year floodplain. Previously designated
floodplain areas that have been removed from FEMA’s effective regulatory
floodplain by a Letter of Map Revision based on Fill (LOMR-F) shall be regulated by
requiring all new and substantially improved structures on these lands to maintain
the lowest floor above the base flood elevation, consistent with development in the
regulatory floodplains.
Section 2: Chapter 17.28.020 of the Municipal Code regarding the establishment of floodway
districts to be amended to read as follows:
17.28.20 Establishment of districts.
(a)There are created and established in the Town the following special zoning districts:
(1) FW Floodway District;
(2) FF Flood Fringe District.
(b) Establishment of Floodway Criteria. The Town recognizes that Designated
Floodways are administrative limits and tools used to regulate existing and future
Floodplain developments within its jurisdiction. At such time when floodways are to
be delineated through Physical Map Revisions involving local government
participation, the Town shall delineate floodways for the revised reaches based on
½-foot rise criteria. Letters of Map Revision to existing floodway delineations may
continue to use the floodway criteria in place at the time of the existing floodway
Page 2 of 8
EXHIBIT A
delineation. Until such time that floodways are revised and designated, the Town
may continue to regulate its mapped one-foot floodways. For reaches where a
transition must be shown to connect new studies to existing studies with different
floodway criteria, the transition length shall not exceed 2,000 feet.
(b) (c) The floodway and flood fringe districts shall be special zoning districts which
overlay the underlying zoning districts on property designated to be within the floodplain
area. The boundaries of the zoning districts shall be determined by actual elevation of the
ground surface as determined by a Town-approved engineering survey and delineated on
the official floodplain zoning maps of the Town.
(c) (d) Whenever possible, the provisions of this Chapter shall be interpreted to apply in
conjunction with other land use regulations. In the event of conflicts with other provisions of this
Code, the more restrictive provisions shall apply. (Ord. 22-86 §1 Exhibit A (part), 1986)
Section 3: Chapter 17.28.040 of the Municipal Code regarding the FW Floodway District
conditions to be amended to read as follows (no changes or deletions to remaining subsections):
17.28.040 FW Floodway District; conditions
(12) A minimum levee freeboard of three (3) feet shall be necessary, with an additional 1-
foot of freeboard within 100 feet of either side of hydraulic structures within the levee or
wherever the flow is constricted, such as at bridges. An additional 0.5-foot above this
minimum is also required at the upstream end of the levee.
Section 4: Chapter 17.28.090 of the Municipal Code regarding floodplain development permits to
be amended to read as follows:
17.28.090 Floodplain development permit.
(a) A floodplain development permit shall be obtained before construction or improvement
begins within any area of special flood hazard. Applications for special floodplain
development permits shall be accompanied by surveys, plot plans, drawings and plans
indicating floodproofing measures as set forth in this Chapter. Applicants for a floodplain
development permit shall be assessed a fee for advertising and processing. (Ord. 22-86 §1
Exhibit A (part), 1986; Ord. 28-87 §2, 1987; Ord. 15-97, 1997)
(b) Minimum Freeboard. A minimum freeboard of one foot above the 100-year flood elevation
(Base Flood Elevation) shall apply to structures in the floodplain as follows:
1) Residential Structures. New and Substantially Changed residential structures, and
Additions to existing residential structures shall be constructed with the lowest
floor, including basements, placed with a minimum of one foot of freeboard above
the Base Flood Elevation.
2) Non-residential Structures. New and Substantially Changed non-residential
structures, and Additions to existing non-residential structures shall be
Page 3 of 8
EXHIBIT A
constructed with the lowest floor, including basements, placed with a minimum of
one foot of freeboard above the Base Flood Elevation, or be flood-proofed to an
elevation at least one foot above Base Flood Elevation. Agricultural structures
shall be exempt from this requirement.
Critical Facilities shall be constructed with two feet of freeboard or flood-proofed to
an elevation at least two feet above the Base Flood Elevation. This requirement
does not affect the freeboard requirement for levees described in Section
17.28.040.
(c) A qualified Colorado registered professional engineer in good standing shall direct or
supervise floodplain projects within the regulatory floodplain and project designs within the
regulatory floodplain shall be certified and sealed by the Colorado registered professional
engineer of record.
Section 5: Chapter 17.28.105 of the Municipal Code regarding flood mitigation measures and
stream alteration activities to be added to read as follows:
17.28.105 Effects of Flood Mitigation Measures and Stream Alteration Activities on
Regulatory Floodplains
(1) Channelization and flow diversion projects shall appropriately consider issues of
sediment transport, erosion, deposition, and channel migration and properly
mitigate potential problems through the project as well as upstream and
downstream of any improvement activity. A detailed geomorphological analysis
should be considered, when appropriate, to assist in determining the most
appropriate design.
Project proponents for a mitigation activity must evaluate the residual 100-year
floodplain. Proponents are also encouraged to map the 500-year residual floodplain.
(2) All public and private Flood Control Structures shall be maintained to ensure that
they retain their structural and hydraulic integrity. Annual inspections including, as
appropriate, field surveys of stream cross-sections, shall demonstrate to the
floodplain manager that the project features are in satisfactory structural condition,
that adequate flow capacity remains available for conveying flood flows, and that no
encroachment by vegetation, animals, geological processes such as erosion,
deposition, or migration, or by human activity, endanger the proper function of the
project. If any significant problems, as identified within annual inspection reports,
the facility or project owner shall notify the floodplain manager within 15 days of the
inspection. The inspections shall be conducted by Town staff for all publicly owned
or publicly maintained facilities, and shall be conducted by the property owner or
facility owner for all privately owned and maintained facilities.
Page 4 of 8
EXHIBIT A
(3) Any stream alteration activity proposed by a project proponent must be evaluated
for its impact on the regulatory floodplain and be in compliance with all applicable
federal, state and local floodplain rules, regulations and ordinances.
(4) Any stream alteration activity shall be designed and sealed by a Colorado
Registered Professional Engineer or Certified Professional Hydrologist.
(5) All activities within the regulatory floodplain performed by federal agencies using
local or state funds, or by private, local or state entities shall meet all applicable
federal, state and local floodplain requirements.
(6) Stream alteration activities shall not be constructed unless the project proponent
demonstrates through a floodway analysis and report, sealed by a Colorado
Registered Professional Engineer, that there are no adverse floodway impacts
resulting from the project. This requirement only applies on stream reaches with
Base Flood Elevations established.
(7) No adverse floodway impact means that there is a 0.00-foot rise in the proposed
conditions compared to existing conditions floodway. Upon completion of any work
within a floodway, a Floodway No-Rise Certification shall be submitted by the
engineer or record.
(8) Whenever a Stream Alteration activity is known or suspected to increase or
decrease the established Base Flood Elevation in excess of 0.3 vertical feet, a
Letter of Map Revision showing such changes shall be obtained in order to
accurately reflect the proposed changes on FEMA’s regulatory floodplain map for
the stream reach. The Town is responsible for ensuring that this process is pursued.
This section herein does not require a Conditional Letter of Map Revision (CLOMR)
to be applied for, unless mandated by the floodplain manager.
Section 6: Chapter 17.28.155 of the Municipal Code regarding enforcement of floodplain rules
and regulations to be added to read as follows:
17.28.155 Enforcement of Floodplain Rules and Regulations.
The following procedure shall be followed regarding alleged violations.
(1) Notice of Non-Compliance.
1. A Notice of Non-Compliance (NONC) may be prepared and transmitted
by the Floodplain Manager. Information regarding potential violations may
be discovered directly by staff or can be brought by a Complainant or by
Page 5 of 8
EXHIBIT A
any other person who may be directly and adversely affected or
aggrieved as a result of the alleged violation.
2. Oral complaints shall be confirmed in writing by the Complainant. Persons
making a complaint are required to submit a formal letter of complaint to
the Floodplain Manager.
3. NONC process.
i. An NONC shall be delivered to an alleged violator by personal
delivery or by certified mail (return receipt requested). A copy of
the NONC shall be transmitted to FEMA Region VIII and the
National Flood Insurance Program (NFIP) Coordinator at the
Colorado Water Conservation Board (CWCB).
ii. The NONC does not constitute final action.
iii. The NONC shall identify the regulation or policy subject to Town
jurisdiction allegedly violated and the facts alleged to constitute
the violation. The NONC may propose appropriate corrective
action and suggested corrective action(s) if any, that the
Floodplain Manager elects to require.
(2) The Town shall support, through its National Flood Insurance Program activities,
these regulations. This support will include the existing ability for the Floodplain
Manager to file sanctions upon a property owner for non-compliance.
Section 7: Chapter 17.28.160 of the Municipal Code regarding FF flood fringe district conditions
to be amended to read as follows:
17.28.160 Appeals.
Appeals to the Board of Adjustment Appeals specified in the adopted building code
may be taken by any person aggrieved by his or her inability to obtain a building permit in the
FW floodway or FF flood fringe zones or by any officer, department, board or bureau of the
Town. Upon review, the Board of Adjustment shall have jurisdiction only over the following
matters:
(1) To review the exact zoning district boundary of the FW floodway or FF flood
fringe district as it relates to any specific piece of property;
(2) To determine the suitability and advisability of alternate methods of construction.
Such determination shall not reduce the capacity of the structure involved to
withstand flood damage, nor shall any alternate methods restrict the flow
capacity of the main channel or any drainage relative to such channel;
(3) In appropriate cases, the Board of Adjustment Appeals specified in the adopted
building code may issue a variance from provisions of this regulation only after
making a specific finding that the variance will not endanger health, welfare and
safety of the applicant, or any upstream or downstream owner or occupier of
Page 6 of 8
EXHIBIT A
land. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to effect relief. Variances shall
not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result. Any applicant to whom a variance
is granted shall be given written notice that the structure will be permitted to be
built with a lowest floor elevation below the regulatory flood protection elevation,
and that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
(4) No variance shall be granted within the regulatory floodway if the base flood level
will be increased. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 8-90 §6, 1990)
(5) Request for a variance to any of these regulations may be considered by the Town,
provided the entity or individual requesting the variance has submitted a written
request to the floodplain manager. A notice of the Request must be provided to any
adjacent communities that would be affected by the variance.
(6) The request for a variance shall identify:
1. The regulation(s) from which the variance is requested;
2. The communities that would be affected by the variance;
3. The reasons why the Rule cannot be complied with;
4. The estimated difference in water surface elevations, flood velocities and
flood boundaries that would result if the requested variance were granted
than if the calculations were made through strict compliance with the
regulation(s);
5. The estimated number of people and structures that will be impacted by
granting of the variance; and
6. Any other evidence submitted by the Town, the CW CB, or other party of
interest.
(7) Variances may be issued if it can be determined that:
1. There is a good and sufficient cause; and
2. The variance is the minimum necessary, considering the flood hazard, to
afford relief; and
3. Failure to grant the variance would result in exceptional hardship to the
community or the requestor and that the hardship is not the community's
or requestor’s own making; and
(8) The granting of a variance will not result in increased vulnerability to flood losses,
additional threats to public safety and welfare, extraordinary public expense, create
nuisances, cause fraud or victimization of the public, hide information of significant
interest to the public or conflict with existing local laws or regulations.
(9) Variance requests shall be processed as follows:
1. The Town shall render, confirm, modif y, or reject all variance requests
pertaining to these regulations.
Page 7 of 8
EXHIBIT A
2. The CWCB may review local variance decisions on a case-by-case basis
to ensure that the overall intent and spirit of these Rules are properly
considered at the local level.
3. Informal variance determination request may be presented to CWCB staff
in order to guide community officials or project applicants as to whether a
formal variance would be needed on a case by case basis.
Section 8: Chapter 17.28.180 of the Municipal Code regarding incorporation by reference to be
added to read as follows
17.28.180 Incorporation by Reference.
Rules and Regulations for Regulatory Floodplains in Colorado, adopted by the Department
of Natural Resources Colorado Water conservation Board, effective January 14, 2011. FEMA
Regulations 44 C.F.R. §§ 59, 60, 65, and 70 (2010), EPA Regulations 40 CFR § 302 (2010)
and OSHA Regulations 29 CFR § 1910 (2010) are incorporated herein by reference. In
addition, The Colorado “Office of the State Engineer Rules and Regulations for Dam Safety
and Dam Construction Materials,” set forth in 2 C.C.R. § 402-1 (2010) are incorporated herein
by reference. The FEMA Guidelines and Specifications for Flood Mapping Partners (2009)
are also incorporated herein by reference. These regulations are hereby incorporated by
reference by the Town of Estes Park and made a part of these Regulations for Regulatory
Floodplains within Town limits. Materials in these Rules which are incorporated by reference
are those materials in existence as of the effective date of these Rules and do not include
later amendments to or editions of these materials. The material incorporated by reference is
available for public inspection during regular business hours at the Town of Estes Park
Municipal Building, 170 MacGregor Avenue, Estes Park, CO 80517.
Page 8 of 8
UTILITIES DEPARTMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Reuben Bergsten, Utilities Director
Date: November 12, 2013
RE: Resolution #32-13 Waiver of Monthly Base/Minimum Utility
Charges 2013 Flood Victims
Objective:
To assist victims of the 2013 flood who have had structures destroyed or damaged
resulting in the temporary loss of utility service.
Present Situation:
The Utilities Department charges fixed monthly minimums to cover a number of fixed
costs (e.g. meter reading, tree trimming, laboratory analysis…). It has been the practice
of the Utilities Department to require payment of applicable monthly minimum charges
to keep the account active. The Utilities Department has been asked to consider a
conditional waiver of these monthly minimums in light of the structures destroyed or
damaged in the 2013 flood resulting in the temporary loss of service.
Proposal:
Proposed Resolution #32-13 has been written to suspend the monthly minimum
charges for the structures destroyed or are unsafe due to the flood and we are unable to
provide the utility service. The waiver would be retroactive to October 1, 2013, and will
be in effect for up to one (1) year, i.e. October 1, 2014, or when service is in use,
whichever comes first.
Advantages:
This will provide economic relief to people in need.
Disadvantages:
Utility billing staff will see an increase in workload to review requests.
Action Recommended:
For the Town Board to consider a resolution temporarily suspending utility monthly
base/minimum charges for victims of the 2013 flood who have had a personal disaster
resulting in temporary loss of service.
Budget:
Maximum potential lost revenue from approximately 160 customers could be $33,000.
Level of Public Interest
This action will have an isolated impact.
Sample Motion:
I move for the approval/denial of Resolution #32-13, waiving monthly minimum utility
charges for these specified customers.
1
RESOLUTION NO. 32-13
A RESOLUTION SUSPENDING UTILITY FEES
FOR 2013 FLOOD VICTIMS WITH HOMES AND
BUSINESSES WITHOUT ELECTRIC OR WATER SERVICE
WHEREAS, in September 2013, severe flooding in the service areas of the
Town’s Light & Power and Water Enterprises damaged public and private property and
the Town’s utility distribution systems; and
WHEREAS, some homes and businesses were destroyed or damaged and their
electric and/or water service is unavailable; and
WHEREAS, pursuant to the Town’s utility rates, all customers are required to pay
minimum monthly utility fees; and
WHEREAS, the Board of Trustees serves as the Board of Directors for the
Town’s two utilities and has the authority to modify electric and water charges under
special circumstances; and
WHEREAS, the Town Board of Trustees wishes to suspend monthly minimum
charges for water and electricity as provided in this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK as follows:
1. The monthly minimum charges for water and electricity for Town
customers shall be suspended under the following circumstances:
a) Any customer whose structure was destroyed or is unsafe, and
their electric or water service is shown to be unavailable from the
Town.
2. Any customer specified in Paragraph 1 may request suspension of
minimum charges for utility services by providing a written request
and a full description of their situation to the Town’s Utility Billing
Department. The customer shall be required to provide written notice
to the Town of the restoration of utility service.
2
3. The suspension of the minimum charges shall be retroactive to
October 1, 2013, and shall be effective until October 1, 2014, or until
the utility service is in use, whichever occurs first.
Dated this _____day of _____________, 2013.
Mayor
ATTEST:
Town Clerk