HomeMy WebLinkAboutPACKET Town Board 2013-08-13The Mission of the Town of Estes Park is to plan and provide reliable,
high-value services for our citizens, visitors, and employees. We take
great pride ensuring and enhancing the quality of life in our community
by being good stewards of public resources and natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Town Board Room
Tuesday, August 13, 2013
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated July 23, 2013 and Town Board Minutes
dated July 23, 2013.
2. Bills.
3. Committee Minutes:
A. Community Development / Community Services, July 25, 2013.
4. Estes Valley Board of Adjustment Minutes dated July 2, 2013. (acknowledgement
only).
5. Resolution #14-13 – Scheduling a Show Cause Liquor Hearing for Café de Pho
Thai Inc., dba Café de Pho Thai, 225 W. Riverside Drive, Tavern Liquor License
on September 10, 2013.
6. Resolution #15 -13 – Scheduling a Show Cause Liquor Hearing for EP Resorts
Inc., dba Marys Lake Lodge, 2625 Marys Lake Road, Tavern Liquor License on
September 10, 2013.
7. Resolution #16-13 – Scheduling a Show Cause Liquor Hearing for Everest Kitchen
LLC., dba Famous Eastside Groceries, 381 S. St. Vrain Avenue, 3.2% Beer Off
Premises Liquor License on September 10, 2013.
8. Resolution #17-13 – Scheduling a Show Cause Liquor Hearing for Rocky Mountain
Pharmacy of E.P., Inc., dba Rocky Mountain Pharmacy of E.P., 453 E.
Wonderview Avenue #1, Liquor Licensed Drug Store Liquor License on September
10, 2013.
Prepared 08/02/13
* Revised 08/07/13
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
9. Resolution #18-13 – Scheduling a Show Cause Liquor Hearing for Deer Ridge Inc.,
dba National Park Village South, 900 Moraine Avenue, 3.2% Beer Off Premises
Liquor License on September 10, 2013.
10. Resolution #19-13 – Scheduling a Show Cause Liquor Hearing for Safeway Stores
46 Inc., dba Safeway Store No. 920, 451 Wonderview Avenue, 3.2% Beer Off
Premises Liquor License on August 27, 2013.
11. Resolution #20-13 – Scheduling a Show Cause Liquor Hearing for Bowl Fort
Collins LLC dba Chippers Lanes Estes Park Center, 555 S. St. Vrain Avenue,
Tavern Liquor License on August 27, 2013.
12. Resolution #21-13 – Appointing Jerry Roselle to Perform Show Cause Hearings
related to compliance checks conducted on July 25, 2013.
13. Park R-3 School District School Resource Officer Agreement for 2013-2014 School
Year.
2. REPORT AND DISCUSSION ITEMS:
1. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE.
Director Zurn.
2. VISITOR CENTER TRANSIT FACILITY PARKING STRUCTURE PLANNING
PROCESS. Director Zurn.
3. PRO-CYCLING CHALLENGE UPDATE. Director Winslow.
3. ACTION ITEMS:
1. ESTES VALLEY PLANNING COMMISSION APPOINTMENT. Director Chilcott.
2. LMD INTERVIEW COMMITTEE, ESTES PARK ECONOMIC DEVELOPMENT
CORPORATION, NORTHERN COLORADO ECONOMIC DEVELOPMENT
CORPORATION, & COMMUNITY SERVICE GRANT REVIEW COMMITTEE
APPOINTMENTS. Administrator Lancaster.
3. ORDINANCE #11-13 PROHIBITING MARIJUANA ESTABLISHMENTS - TESTING
FACILITIES, PRODUCTION FACILITIES, RETAIL STORES & PRIVATE
MARIJUANA CLUBS. Attorney White.
4. ORDINANCE #12-13 AMENDING MUNICIPAL CODE CHAPTER 9.28 DRUG
PARAPHERNALIA & MARIJUANA. Attorney White.
5. MULTI-PURPOSE EVENT CENTER & STALL BARN CIVIL SITE WORK
CONTRACT. Director Zurn.
6. VISITOR CENTER TRANSIT FACILITY PARKING STRUCTURE DESIGN
CONTRACT. Director Zurn.
7. STRATEGIC PLAN - ADOPTION OF 5-7 YEAR GOALS & 2014 OBJECTIVES.
Town Administrator Lancaster
4. ADJOURN
*
Town of Estes Park, Larimer County, Colorado, July 23, 2013
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in
Rooms 202/203 in said Town of Estes Park on the 23rd day of July, 2013.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Town Attorney White and Town Clerk
Williamson
Absent: None
Mayor Pinkham called the meeting to order at 4:35 p.m.
FUTURE AGENDA ITEMS.
Staff stated consultant Eric Marburger would be present at the August 13th meeting to
discuss the proposed compensation policy.
The August 27th meeting would include a discussion on affordable housing with a
presentation by Estes Park Housing Authority Director Rita Kurelja. Recommendations
would be forwarded to the Estes Valley Planning Commission on possible code
amendments to the Estes Valley Development code. Trustee Elrod suggest a problem
statement be developed. Trustee Norris requested the Town Board and County
Commissioners agree to a problem statement before presenting it to the Planning
Commission.
Administrator Lancaster stated the Museum/Senior Center Master Plan has been
placed on hold until the completion of the feasibility study for the Community Wellness
Recreation Center. The community survey for 2014 would be conducted in June, and
therefore, discussed by the Board during the first quarter of 2014. The Capital
Investment Plan (CIP) would be moved to the September 10th meeting as well as the
financing of infrastructure and capital improvements. A policy on the naming of areas
such as parks, streets etc. and the acceptance of art/gifts by the Town would be
developed and reviewed by the Board.
LOCAL MARKETING DISTRICT BOARD APPOINTMENTS AND MAKEUP.
Mayor Pinkham informed the Board the Town has received a resignation letter from
Kathy Palmeri from the LMD Board effective August 21, 2013 with her term expiring on
December 31, 2013. He outlined the process for moving forward to fill this vacancy –
advertise the position to complete the current term of Mrs. Palmeri and then serve a 4-
year term, and applicants to be interviewed by a committee consisting of 2 Town Board
members and the Town Administrator with the Town Clerk facilitating the interview
process. Town Board members interested in participating in the process are to contact
the Mayor for consideration and appointment. In the past, members of the LMD Board
have been involved in the interview process. This practice would not be continued in
2013.
TOWN REAL PROPERTY OWNERSHIP POLICY DISCUSSION.
A draft policy was presented to the Board for review and comment. Some of the criteria
outlined in the policy is consistent with criteria used by the Larimer County Open Lands
Advisory Board.
Town Board Study Session – July 23, 2013 – Page 2
Town Board comments are summarized: the definitions for view shed and wildlife
corridors should be consistent with other Town policies and codes; the Town should
consider the highest offer when selling land and not the entity or individual that may
purchase the property as outlined in 105.3.8.3; the value and therefore the sale price of
property should be determined by the Town Board; appraised value and market price
could lock the Board into a certain price; discussed the word acquisition in reference to
purchasing property as there a number of means for acquiring property other than
purchasing; the Board debated the need for a policy on the ownership of property
maintained by the Town; the policy needs to provide direction and not finite standards
that would limit the Town in the future; the Board should review the property inventory
annually; and there is value in identifying criteria for holding property.
Mayor Pro Tem Blackhurst stated property has been deeded to the Town in the past
with no defined use and later developed into a park, a public benefit. He would
advocate the Town hold property for future use yet undetermined. He would not
support a policy. Trustee Koenig would not support a policy as it would limit the Board’s
decisions and future Boards should be provided the latitude to determine the criteria
used in making decisions on the purchase or sale of property in the future.
Trustee Elrod stated a policy would make it clear to the citizenry as to how the Town
determines the retention, purchase/acquisition and disposal of real property owned by
the governing body. Trustee Ericson commented the Town should be proactive in the
management of Town owned properties, dispose of properties that are not needed, and
use proceeds for projects.
After further discussion, the Board requested the property inventory be reviewed by the
Board to determine the value of retaining each property and then proceed with drafting
a policy. The item would be slated for an upcoming study session.
REVIEW 5-7 YEAR GOALS & 2014 DRAFT OBJECTIVES.
Town Administrator Lancaster presented the Board with the latest version of the 2014
Strategic Plan, including Vision, Mission, Key Outcome Areas, Goals (5-7 Years), and
2014 Board Objectives (1 Year Time Frame).
Review of Changes:
- Leave housing under community services and not make it an outcome area.
- Improve Air Quality (Goals 4b) – The item would be revised to include water
quality issues and a measureable goal, i.e. implement projects and polices to
improve the environmental quality.
- Goal 6b – updated to refer to a well-trained and educated Town staff.
- 2014 Objectives
o Board in agreement with projects added.
o Clarify begin the parking structure rather than complete.
o Remove formation of task force for the Town’s anniversary and add
participate in the 100th anniversary preparations of the Park.
o Change “Study” to “Take” any steps required for the FLAP grant project.
ROLE OF TOWN BOARD LIASIONS.
Mayor Pro Tem Blackhurst commented Town Board liaisons have at times acted as
committee members or advocates for entities. The Board has a responsibility to be
impartial. He questioned the role of liaison and suggested the Board may want to
consider eliminating them in the future. The discussion would be rescheduled to an
upcoming study session.
There being no further business, Mayor Pinkham adjourned the meeting at 6:36 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, July 23, 2013
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 23rd day of July, 2013.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Lowell Richardson, Assistant Town Administrator
Greg White, Town Attorney
Cynthia Deats, Deputy Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION – “Estes Park United Campaign” – July-September, 2013.
Mayor Pinkham read a proclamation designating July through September 2013 as the
timeframe for the Estes Park United Campaign.” Chuck Levine and Gordon Thibedeau,
representing United Way, explained that the campaign is unique with 100% of the funds
donated during the 2013 campaign remaining in the Estes Park community for the
benefit of the Estes Valley Investment in Childhood Success (EVICS), the Learning
Center, and the Estes Park Kids Café.
PUBLIC COMMENTS.
None.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson said the Community Development/Community Services Committee
meeting will be held on Thursday, July 25th at 8 a.m. in the Town Board Room. He also
noted that sales tax through May is $75,000 ahead of budget.
Trustee Phipps reported that applications for Larimer County Open Lands grants are
now being accepted. The grants (up to $2000 each) are available to both individuals
and organizations. Application deadline is September 6, 2013.
Mayor Pro Tem Blackhurst reported that the Town participated in the America in Bloom
program for the first time this summer. Two America in Bloom judges visited Estes Park
to evaluate horticulture, forestry and beautification efforts within the community. A
written report of their findings will be available in September. Mayor Pro Tem
Blackhurst said staff did an exemplary job representing the community and recognized
Keri Kelly, Russ Franklin, Brian Berg, Tanya Ziegler, Meghan Lindeman, seasonal staff,
Kate Rusch, and Derek Fortini for their efforts.
Trustee Koenig said the Sister Cities meeting is scheduled to be held on Wednesday,
July 24th at 8 a.m., and congratulated staff on an outstanding Rooftop Rodeo Week.
She reported that her cousin, Kris Koenig, makes documentaries and invited the
community to attend the showing of “Assaulted: Our Civil Rights” that will be shown at
the conference center at 3:30 p.m. on Sunday, August 18, 2013. Another documentary
of Mr. Koenig’s, “400 Years of the Telescope”, has been aired on public television.
Trustee Elrod reported that items from the July 16th Estes Valley Planning Commission
meeting have been continued to allow time for the review of additional information prior
Board of Trustees – July 23, 2013 – Page 2
to a recommendation being made by the commissioners. He noted that the
modernization of the Comprehensive Plan is continuing. The public can follow the
progress of this project by visiting www.estes.org/comprehensiveplan.
Mayor Pinkham thanked Mayor Pro Tem Blackhurst for filling in for him while he was out
of town on vacation.
TOWN ADMINISTRATOR REPORT.
1. Town Administrator Lancaster will continue as the Town’s representative on the
CML Policy Committee. CML is soliciting input on policy agenda items to be
brought up to the legislature next year. Policy agenda items should be forwarded
to Administrator Lancaster so that legislative needs or concerns of the Town of
Estes Park can be submitted.
2. The Ethics, Liability and Best Practices Handbook for Elected Officials was
provided to the Town Board by CIRSA. Town Administrator Lancaster noted that
staff and the Board take their responsibilities of providing services to the citizens
of Estes Park seriously.
3. Regarding the community center feasibility study being done by the Estes Valley
Recreation and Park District (EVRPD), a firm has been selected to do the study
with results of the study expected in November 2013.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated July 9, 2013, and Town Board
Minutes dated July 9, 2013.
2. Bills.
3. Committee Minutes – None.
4. Estes Valley Planning Commission Minutes dated June 18, 2013
(acknowledgement only.)
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda
Items, and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. PUBLIC INFORMATION OFFICE UPDATE.
Highlights of Public Information Officer (PIO) Rusch’s report included the hiring
of Suzanna Simpson to assist Administration staff, manage the Administration
office, and to assist in providing backup related to PIO duties. Work continues
on policies related to social media, customer service, website and public
information; in addition to facilitation of the Bear Task Force, and the
distribution of information about the Pro Challenge bicycling race that will be
taking place in Estes Park on August 24th. Accessibility issues will be the topic
of discussion when the U.S. State Department’s African Disability Issues
Delegation visits Estes Park and Rocky Mountain National Park on Monday,
July 29th. Website visits continue to increase, the Payport online payment
system will be expanding, and the next Bugle is scheduled to be published and
mailed this fall. Staff is researching options related to replacing the printed
Bugle with an electronic newsletter.
2. MULTI-PURPOSE EVENT CENTER (MPEC) & STALL BARN
CONSTRUCTION UPDATE.
The stall barn foundation and the underground plumbing in the bathroom areas
have been completed and backfilled with the erection of steel expected by the
end of July. Excavation for the MPEC foundation is underway, however,
bedrock has been encountered. At this time instead of blasting, a caterpillar is
being used to rip the rock out of the foundation area. Dir. Zurn said a delay of
up to two weeks and an estimated additional cost of less than $20,000 can be
Board of Trustees – July 23, 2013 – Page 3
expected in order to resolve the issues with the bedrock. Work continues on
shop drawings, with a focus on the heating, ventilating, and air conditioning
systems; and bids for the civil site work are being solicited. He reported that an
underdrain was added to the project to deal with shallow ground water in the
area. Dir. Zurn said a tour of the site and a ceremony for topping out the last
piece of steel on the stall barn will be announced soon.
Dir. Winslow stated that the project is being photographically documented, with
photos taken up to several times a day from different vantage points on the
fairgrounds property. Assistant Town Administrator Richardson said that
Johnson Consulting has provided a recommendation for a marketing plan
which includes both the MPEC and the conference center, and will be providing
a draft business operating plan for the MPEC based on the original pro forma.
A request for proposal (RFP) will be issued to retain the services of a marketing
and sales consultant and hiring is expected to occur within the next several
months.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff
for Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP #3, Stone Bridge Estates
Condominiums, 1155 & 1157 Fish Creek Road, Stone Bridge Estates, LLC
& Hanson Holdings, LLC/Applicants.
B. FINAL SUBDIVISION PLAT, Stone Bridge Estates, 1125-1195 Fish Creek
Road, Conversion of condominiums to townhomes, Stone Bridge Estates,
LLC & Hanson Holdings, LLC/Applicants.
C. REZONING, Rezoning from CH – Commercial Heavy with restrictions to
CH – Commercial Heavy with no restrictions, Tract 2 Hillery Parrack, 1789
Wildfire Road, Wildfire Development LLC/Applicant. Item continued to
September 24, 2013.
It was moved and seconded (Blackhurst/Norris) the Planning Commission Consent
Agenda be approved, and it passed unanimously.
2. ACTION ITEMS:
Mayor – Open Public Hearing
Staff Report
Public Testimony
Mayor – Close Public Hearing
Motion to Approve/Deny.
A. DEVELOPMENT CODE WAIVER, Section 4.3.C.3 Maximum Number of
Principal Uses Permitted Per Lot or Development Parcel, Lot 45 The
Reserve 1st Filing, Bradley and Cynthia Buggs/Applicants.
Planner Shirk said that the applicant is requesting a waiver of Estes Valley
Development Code (EVDC) regulations to allow a second dwelling to be built
on Lot 45 in The Reserve. Lot 45, which is approximately 8 acres in size,
currently contains an historic structure that was built in the 1890s. It is the
applicant’s desire to build a new, modern home on the same lot while
maintaining the historic structure for summer guests. The EVDC allows only
one house per single-family lot. The Code does not provide guidelines for
waivers, however, it does include guidelines for approval of modifications to
development standards when the modification has been determined to lessen
visual impact, provide more effective environmental or open space
preservation, or relieves practical difficulties in developing a site. Planner Shirk
said that the owner would have the option of subdividing the property, however,
the owner is not interested in selling the land. He noted that building a second
Board of Trustees – July 23, 2013 – Page 4
residence on the lot would result in far less density than subdividing the
property. At their meeting on June 18, 2013, the Estes Valley Planning
Commission voted unanimously to recommend disapproval of the waiver
request, noting the Town Board’s decision against allowing detached accessory
dwelling units (ADU). Discussion is summarized: the property is not included
on the historic registry; the owner could elect to split the lot into two lots;
property would likely not qualify for a minor subdivision procedure; the historic
structure is not suitable for year ‘round occupancy; building code issues would
be encountered if adding on to the historic structure; the Planning Commission
is tasked with upholding the EVDC; and options other than a waiver to the
development code exist for the property owner.
Cindy Bugg, Town resident and applicant, said since the historic structure is not
winterized, she and her husband want to build a second home on the property
as their retirement home. She stated that neighbors in Stanley Heights and the
Reserve do not want to see the property subdivided.
Janet and Randall Maharry, County residents, both supported allowing a
second home to be built on the property, spoke to the importance of preserving
our history, and suggested the Board look at the property before making a
decision.
Mayor Pro Tem Blackhurst said that the property in question was developed in
the 1990s as part of The Reserve and purchased by the owners with the
existing structures. He noted that there are options available to the owner and
concurred with the Planning Commission’s recommendation to uphold the
Code and disapprove the waiver. Trustee Norris questioned whether the
property could be subdivided and a conservation easement granted for a
portion of the property. Planner Shirk said that the Estes Valley Land Trust was
not interested in a conservation easement on the property.
Randall Maharry, County resident, said since this matter involves real estate,
any Board member(s) who is involved in the real estate business should not
vote on this matter. Mayor Pro Tem Blackhurst said he has no personal or
financial interest in this property, but said he would recuse himself from voting
on the matter.
It was moved and seconded (Elrod/Phipps) in light of the Planning
Commission’s decision, to deny the request to allow a second principal
structure on Reserve Lot #45, and it passed unanimously with Mayor Pro
Tem Blackhurst abstaining from the vote.
4. ACTION ITEMS:
1. NAMING OF GEORGE HIX MEMORIAL.
The Hix family is requesting that the Board consider renaming Riverside Plaza,
George Hix Riverside Plaza, in recognition of the life and community service of
George Hix. In conjunction with the renaming, the family is offering to
contribute a minimum of $25,000 towards the commission of a bronze
sculpture, or other artwork, to be displayed in the plaza. At a previous meeting,
the Town Board asked staff to gather public comment on the renaming of
Riverside Plaza and the comments are included in the meeting packet
materials. Trustee Norris said he applauds the idea of recognizing Mr. Hix and
noted that the public comment on the topic is mixed. He said the Town does
not have a policy in place to deal with accepting artwork and said he would
prefer to have a policy in place prior to accepting a donation of this magnitude.
It was moved and seconded (Norris/Elrod) to table the item until a policy is
approved by the Board. Discussion ensued and is summarized: this topic
has been talked about at the PUP Committee meeting and at Town Board, it is
time to make a decision as a Board and provide the Hix family with a decision;
the Board has directed staff to develop a policy related to artwork donated to
the Town; the policy is currently on the back burner but could be moved ahead
Board of Trustees – July 23, 2013 – Page 5
in the queue; a policy is not necessary in order to make a decision; and make a
decision as to whether the agreement is acceptable and move forward.
Trustee Ericson said that historically first names have not been attached to
public property; however, Trustee Elrod cited the Robert Dekker L&P Building
as an example of a first name being included in the name of a public building.
Trustee Phipps said a policy for naming such things as parks is needed.
Harry Hutcherson, Town resident, and Gary Klaphake, Lafayette, Colorado
resident and former Estes Park Town Administrator, spoke in favor of the
renaming of Riverside Plaza based on Mr. Hix’s contributions, community
service, and philanthropic activities in the community.
A substitute motion was offered. It was moved and seconded
(Koenig/Blackhurst) to approve renaming Riverside Plaza to George Hix
Riverside Plaza and accepting the Memorandum of Understanding (MOU),
and it passed. Those voting “Yes” Mayor Pro Tem Blackhurst, Trustees
Ericson, Koenig, and Phipps. Those voting “No” Trustees Elrod and Norris.
2. ORDINANCE #10-13 AMENDING THE MUNICIPAL CODE RELATED TO
OPEN BURNING.
The Estes Valley Fire Protection District (EVFPD) is responsible for the
administration and regulation of open burning within the town limits of Estes
Park. In order to eliminate duplication of efforts, Ordinance #10-13 amends the
Town of Estes Park Municipal Code to clarify the responsibilities of the EVFPD
with regard to administration and enforcement of open burning in the Town,
including fire bans. The amendment deletes repetitive references and out-of-
date standards, and conforms to the International Fire Code. EVFPD does not
have enforcement powers, therefore, enforcement of this ordinance is the
responsibility of the Estes Park Police Department. Attorney White read
Ordinance #10-13 into the record. It was moved and seconded
(Norris/Koenig) to approve Ordinance #10-13, and it passed unanimously.
Whereupon Mayor Pinkham adjourned the meeting at 8:51 p.m.
William C. Pinkham, Mayor
Cynthia Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, July 25, 2013
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
25th day of July, 2013.
Committee: Chair Ericson, Trustees Elrod and Norris
Attending: Chair Ericson, Trustees Elrod and Norris
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Directors Winslow and Chilcott, and Deputy
Town Clerk Deats
Absent: None
Chair Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
COMMUNITY SERVICES DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Museum Quarterly Report – “Meet Me at the Museum” is a new program being
held on the first Monday of each month. The staff-lead, casual program allows
staff to explore topics of interest to them and then present them to the public.
The program could be in any format ranging from an oral presentation to a hike,
or bike ride. The first program was presented in July by Bryon Hoerner on the
Estes Park Avenger, an airplane that was purchased during World War II with
monies raised in Estes Park. Upcoming programs include a bike ride from the
Museum to the Stanley Hotel and a program on the old Fall River Lodge. With
the budgeting process about to begin, Dir. Fortini stated that the Museum’s
greatest need is in maintenance of buildings, including getting the off-site storage
facility on a routine inspection and maintenance program. He noted that some
artifacts in the off-site storage are being moved back on-site to prevent the items
from being damaged. Upcoming exhibits include the Sandzen in Estes Park
exhibit which will begin on September 27th focusing on his influence in the Estes
Park artists’ community; and an exhibit on the history of mountaineering that will
open in September 2014.
Visitor Center Quarterly Report – Manager Salerno reported that visitation during
June was up over last year and, to date, the numbers for July are on the increase
as well. The number of telephone calls, which has been trending downward for
years, is on the increase for July. She said that the number of volunteers
participating as Ambassadors is down to 62, however, the decrease is due to an
organizational change that removed substitute volunteers from the active roster
as it is important for the volunteers to be active and stay on top of changing
information. Trustee Elrod stated that the number of volunteers is of less
importance than the quality of service they are providing. Mgr. Salerno said that
quality of service is difficult to measure, and said the Governor’s Conference on
Tourism will be held in Telluride later this year with sessions focusing on how to
measure customer service. She identified recurring plumbing problems in the
Visitor Center restrooms as the largest capital need at the Visitor Center and said
staff is looking forward to construction of the parking structure and the
opportunities it may bring to increase the organization of the parking lot. She
said a shuttle stop located further from the building and an area for tour groups to
Community Development / Community Services – July 25, 2013 – Page 2
meet would be beneficial. Mgr. Salerno said communication with the LMD staff is
good and upgrades are being implemented to the new Visit Estes Park website.
Shuttle Report – The shuttle system’s 300,000th rider since the program started
in 2006, is expected either later this month or in August of this year. Coordinator
Wells said he is encouraged by the number of shuttle riders this year which
continues to increase over previous years, and also with the number of trolley
riders this summer. Over 90 entries have been received to date in the “Name the
Trolley” contest with entries being received from all over the country. Routes for
the shuttles will be altered on Saturday, August 24th during the Pro Challenge
bicycle race. The Committee requested that Coordinator Wells provide the
Board with a demonstration on how to utilize the “stop codes” and real-time
tracking system as a report at an upcoming Town Board meeting.
Fairgrounds and Events Report – Attendance at the Rooftop Rodeo this year was
12,500, and the Rodeo drew a record number of contestants at 540. Dir.
Winslow attributed the high number of contestants to hospitality, stock, and purse
size. The Hunter-Jumper organization arrived at the fairgrounds with 400 horses
during its first week. Numbers for the subsequent weeks are lower and staff is
researching the cause, however, the numbers are expected to pick up during the
last week of the event. Staff continues to work on arrangements for the Pro
Challenge bicycle race. Information continues to be distributed to businesses
and residents affected by the race. The Cowboy Brad sing-a-longs in Bond Park
have been drawing large numbers with people enjoying the seatwalls and new
design of the Park. This year’s Red, White and Cool celebration on the 3rd of
July was lightly attended due to inclement weather and torrential rains.
Upcoming events at the fairgrounds include: the Wild West Weekend, Hunter
Jumper Show, Paint and Quarter Horse Show, Chuck Wagon Cook-Off, Draft
Horse Show, and the Heritage Festival. Dir. Winslow added that the school
district has inquired about the possibility of using the MPEC for the 2014
graduation ceremony. He commended Special Events staff and the work they do
to provide quality programs and services to the community. Discussion and
comments are summarized: live coverage of the bike race will be aired on NBC,
however, the time of the broadcast is not finalized; people in 170 countries
around the world will be watching the race; large screen TVs will be set up in
Bond Park for viewing the race; a final update on the race will be provided to the
Board at the August 13th Town Board meeting; and larger purses at the rodeo
require increased stock resulting in higher costs.
Verbal Updates –
o Staff Participation in Community Center Evaluation by Estes Valley
Recreation and Park District (EVRPD) – Town Administrator Lancaster
actively participated in EVRPD’s selection of a consulting firm for the
feasibility study, and Mgr. Mitchell stays up-to-date on the process through
email communications with EVRPD staff.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Comprehensive Plan Modernization – Work on Comprehensive Plan
modernization is proceeding with regular updates provided to the Planning
Commission and the Town Board on a monthly basis. The public may visit
www.estes.org/ComprehensivePlan to follow the process and view the draft plan.
An example of the new format for the Action Plan was presented. The new
format more clearly illustrates the status of recommended actions within the Plan.
Community Development Monthly Report – Dir. Chilcott reported that building
permit fees and permit valuations have increased by 14% and 17% respectively
over last year. She said that currently 10 building permits are pending with most
requiring additional information from the applicant prior to being issued.
Improvements and repairs at the Courtyard Shops property continue with the
final inspections at the restaurant completed and residential units being
Community Development / Community Services – July 25, 2013 – Page 3
converted to short-term rentals. A Community Assistance Visit from
representatives of Federal Emergency Management Agency (FEMA) and the
Colorado Water Conservation Board was requested by Chief Building Official
Birchfield. The visit provided an opportunity to discuss any changes to the
Town’s floodplain ordinance that may be necessary to remain compliant and up-
to-date related to floodplain management. A meeting was held with the Larimer
County Community Development Director to discuss the possibility of
consolidating the County and Town sign codes. A comparison of the two codes
will be conducted this fall and hiring an outside consultant to focus on the sign
code may be considered. Dir. Chilcott said Community Development
department staffing levels and software upgrades will be part of the upcoming
budget discussions. She said that Larimer County, through a request for
proposal (RFP) review process has selected energov as their permitting,
development review, and code compliance software and said the Town may
have the opportunity to partner on the system which would be a cost savings to
the Town. Planner/Code Compliance Officer Kleisler said staff is working with
the owners of the Estes Park Resort & Hotel to bring the property into
compliance with lighting standards. Trustee Elrod emphasized the importance of
equal enforcement of the Estes Valley Development Code (EVDC) and the types
of allowable lighting. He also spoke to the collaborative nature of the EVDC and
the importance of the involvement of, and input from, the Town Board, the
Planning Commission, and the County Commissioners. He said that the Town
Board and County Commissioners must be clear as to the contents of the EVDC
as well as give clear direction to the Estes Valley Planning Commission.
There being no further business, Chair Ericson adjourned the meeting at 9:56 a.m.
Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
July 2, 2013, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Jeff Moreau, Vice-Chair Bob McCreery, Members John Lynch,
Wayne Newsom, and Pete Smith; Alternate Member Chris Christian
Attending: Chair Moreau, Members Lynch, McCreery, Newsom, and Smith
Also Attending: Planner Shirk, Recording Secretary Thompson
Absent: None
Chair Moreau called the meeting to order at 9:00 a.m.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence. There were three people in attendance.
1. PUBLIC COMMENT
None.
2. CONSENT
Approval of minutes of the June 4, 2013 meeting.
It was moved and seconded (Newsom/McCreery) to approve the Consent Agenda as
presented and the motion passed unanimously.
3. METES & BOUNDS PARCEL (Lot 29, unrecorded plat of Dunraven Heights)
Senior Planner Shirk reviewed the staff report. He stated the property owner, William
Moschel, requested a variance from Estes Valley Development Code (EVDC) Section 4.4,
Table 4-5, which requires buildings and accessory structures be setback a minimum of
fifty (50) feet from the property lines in the RE–Rural Estate zone district. Planner Shirk
stated the lot is currently developed with a single-family dwelling located within eight feet
of the rear property line. The purpose of the variance request was to allow enclosure of an
existing deck that is located approximately thirty feet from the rear property line. The
entire structure sits within the required 50-foot setback, and no additions or alterations
could be done without a variance. The proposed deck would be enclosed with glass, but
not necessarily winterized. The dwelling is not visible from Fish Creek Road. Planner
Shirk stated there would not be a need for a setback certificate since the entire structure
was already in the setback.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
July 2, 2013
Planner Shirk stated the request was submitted to all applicable reviewing agency staff for
consideration and comment. Adjacent property owners were notified. No significant issues
or concerns were expressed by reviewing staff relative to code compliance or the
provision of public services.
Staff Findings
1. This request complies with review criteria set forth in Section 3.6.C of the Estes Valley
Development Code.
2. Special circumstances exist and practical difficulty may result from strict compliance
with Code standards.
3. The variance is not substantial.
4. The essential character of the neighborhood would not be substantially altered, nor
would adjoining properties suffer a substantial detriment.
5. The variance would not adversely affect the delivery of public services.
6. The variance represents the least deviation from the regulations that will afford relief.
7. This request has been submitted to all applicable reviewing agency staff for
consideration and comment. No significant issues or concerns were expressed by
reviewing staff relative to code compliance or the provision of public services.
8. The submitted conditions or circumstances affecting the property are not of so general
or recurrent a nature as to make reasonably practicable the formulation of a general
regulation for such conditions or situations.
9. Failure to apply for a building permit and commence construction or action with regard
to the variance approval within one (1) year of receiving approval of the variance shall
automatically render the decision of the BOA null and void.
Planner Shirk stated staff recommended approval of the variance request, with the
findings presented.
Public Comment
Amy Plummer/Applicant stated Planner Shirk summarized the request very well. She
stated the house sits back in the trees, and was built prior to the current zoning
regulations. She stated the proposed roof line would be lower than the highest point of the
existing roofline.
Staff and Board Discussion
None.
It was moved and seconded (Newsom/Lynch) to approve the variance request as
presented with the findings recommended by staff and the motion passed
unanimously.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
July 2, 2013
REPORTS
Planner Shirk stated there were no specific reports, but he requested feedback from the
Board about aerial views of properties being discussed. All Board members appreciated
the aerials, and wanted to continue use of them.
Planner Shirk reported on the modernization of the Estes Valley Comprehensive Plan. He
stated staff are using the 1996 plan, reformatting it to be more user-friendly with today’s
technology. Changes consist of updating statistics to align with current census data,
providing new photographs, removing obsolete references, etc. Planner Shirk stated the
Comprehensive Plan is used with challenging variance requests, as this plan was the
basis for the Planning Commission and the Board of Adjustment.
There was brief discussion concerning the sign code and who was addressing possible
violators. Planner Shirk told the Board about new staff member, Phil Kleisler. He also
stated the Community Development/Community Services (CDCS) committee received a
report on possibly updating the current sign code to make it more user friendly. The
committee urged the Town Board to follow-through with updating the code. At this time, no
decisions have been made as to the future status of the Creative Sign Design Review
Board.
There being no further business, Chair Moreau adjourned the meeting at 9:16 a.m.
___________________________________
Jeff Moreau, Chair
___________________________________
Karen Thompson, Recording Secretary
Setting Show Cause Hearing
Town Clerk’s Office Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: August 9, 2013
RE: Consent Items 5-9 - Resolutions #14 -13 thru 18-13
Objective:
Schedule Show Cause Liquor Hearings for Café de Pho Thai, Marys Lake Lodge,
Famous Eastside Groceries, Rocky Mountain Pharmacy of Estes Park and National
Park Village South
Present Situation:
The five liquor license establishments listed above failed a compliance check conducted
by the Estes Park Police Department and the Colorado Liquor Enforcement Division on
July 25, 2013. An employee of each of the establishments illegally sold and served
alcohol to an underage person and/or did not ask for identification and sold and served
the underage person alcohol.
Proposal:
Set Show Cause Liquor Hearing for each establishment for September 10, 2013. Once
the hearing is set an Order to Show Cause and Notice of Hearing will be issued to the
Licensee.
During the next month the licensee will be given the opportunity to meet with staff to
discuss a stipulation agreement. A stipulation agreement allows the licensee to agree
to the violation as well as the number of days to be served and the number of days to
be held in abeyance. This agreement would be presented to the Town Board in lieu of
a Show Cause Hearing on September 10, 2013.
Advantages:
Demonstrates to other liquor licensees the Town Board (Local Liquor Authority)
takes liquor laws seriously by completing administrative action locally rather than
through the State.
The Town can take action in a timely manner to ensure licensees are completing
any violations in a reasonable timeframe.
Disadvantages:
Show Cause Hearing preparations and Stipulation meetings and negotiation require
significant staff time.
Setting Show Cause Hearing 2
Action Recommended:
Approve the Resolutions for each establishment setting the Show Cause Hearing date
of September 10, 2013.
Budget: None.
Level of Public Interest
The community supports keeping alcohol out of the hands of the youth.
Sample Motion:
I move to approve/deny Resolutions # 14-13 thru 18-13 setting a Show Cause Hearing
for Café de Pho Thai, Marys Lake Lodge, Famous Eastside Groceries, Rocky Mountain
Pharmacy of Estes Park and National Park Village South.
RESOLUTION NO. 14-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 13, 2013 charging CAFÉ DE PHO THAI INC dba CAFÉ DE PHO THAI, a
TAVERN LIQUOR LICENSE, LIQUOR LICENSE NO. 42-92577-0000 with certain
violations of the statutes of the State of Colorado and Rules and Regulations of the
Colorado Department of Revenue, Liquor Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, September 10, 2013 at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
CAFÉ DE PHO THAI INC.
D/B/A CAFÉ DE PHO THAI
225 W. RIVERSIDE DRIVE
P. O. BOX 2345
ESTES PARK, COLORADO 80517
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
RESOLUTION NO. 15-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 13, 2013 charging EP RESORTS INC. dba MARYS LAKE LODGE, a TAVERN
LIQUOR LICENSE, LIQUOR LICENSE NO. 47-00832-0000 with certain violations of the
statutes of the State of Colorado and Rules and Regulations of the Colorado Department
of Revenue, Liquor Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, September 10, 2013 at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
EP RESORTS INC.
D/B/A MARYS LAKE LODGE UNIT 1
2625 MARYS LAKE ROAD
ESTES PARK, COLORADO 80517
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
RESOLUTION NO. 16-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 13, 2013 charging EVEREST KITCHEN LLC dba FAMOUS EASTSIDE
GROCERIES, a 3.2% BEER OFF PREMISES LIQUOR LICENSE, LIQUOR LICENSE
NO. 46-00058-0000 with certain violations of the statutes of the State of Colorado and
Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement
Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, September 10, 2013 at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
EVEREST KITCHEN LLC
D/B/A FAMOUS EASTSIDE GROCERIES
381 S. ST. VRAIN AVENUE
ESTES PARK, COLORADO 80517
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
RESOLUTION NO. 17-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 13, 2013 charging ROCKY MOUNTAIN PHARMACY OF ESTES PARK INC.
dba ROCKY MOUNTAIN PHARMACY OF ESTES PARK, a LIQUOR LICENSED
DRUGSTORE LIQUOR LICENSE, LIQUOR LICENSE NO. 10-80000-0000 with certain
violations of the statutes of the State of Colorado and Rules and Regulations of the
Colorado Department of Revenue, Liquor Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, September 10, 2013 at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
ROCKY MOUNTAIN PHARMACY OF ESTES PARK INC.
D/B/A ROCKY MOUNTAIN PHARMACY OF ESTES PARK
453 E. WONDERVIEW AVENUE #1
ESTES PARK, COLORADO 80517
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
RESOLUTION NO. 18-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 13, 2013 charging DEER RIDGE INC. dba NATIONAL PARK VILLAGE
SOUTH, a 3.2% BEER OFF PREMISES LIQUOR LICENSE, LIQUOR LICENSE NO. 03-
02531-0003 with certain violations of the statutes of the State of Colorado and Rules and
Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, September 10, 2013 at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
DEER RIDGE INC.
D/B/A NATIONAL PARK VILLAGE SOUTH
900 MORAINE AVENUE
ESTES PARK, COLORADO 80517
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Setting Show Cause Hearing
Town Clerk’s Office Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: August 9, 2013
RE: Consent Items 10 -11- Resolutions #19-13 & 20-13
Objective:
Schedule Show Cause Liquor Hearings for Safeway Store No. 920 and Chippers Lanes
Estes Park Center.
Present Situation:
The two liquor license establishments listed above failed a compliance check conducted
by the Estes Park Police Department and the Colorado Liquor Enforcement Division on
July 25, 2013. An employee of each of the establishments illegally sold and served
alcohol to an underage person and/or did not ask for identification and sold and served
the underage person alcohol.
Proposal:
Set Show Cause Liquor Hearing for each establishment for August 27, 2013. Once the
hearing is set an Order to Show Cause and Notice of Hearing will be issued to the
Licensee. The violations are the second offense for both locations and will be coming
forward to a hearing without consideration of a Stipulation Agreement.
Advantages:
Demonstrates to other liquor licensees the Town Board (Local Liquor Authority)
takes liquor laws seriously by completing administrative action locally rather than
through the State.
The Town can take action in a timely manner to ensure licensees are completing
any violations in a reasonable timeframe.
Disadvantages:
Show Cause Hearing preparations require staff time and the cost of hiring an outside
third party representative to act as the prosecutor.
Action Recommended:
Approve the Resolutions for each establishment setting the Show Cause Hearing date
of August 27, 2013.
Budget: None.
Setting Show Cause Hearing 2
Level of Public Interest
The community supports keeping alcohol out of the hands of the youth.
Sample Motion:
I move to approve/deny Resolutions # 19-13 & 20-13 setting a Show Cause Hearing for
Safeway Store No. 920 and Chippers Lanes Estes Park Center.
RESOLUTION NO. 19-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 13, 2013 charging SAFEWAY STORES 46 INC. dba SAFEWAY STORE NO.
920, a 3.2% BEER OFF PREMISES LIQUOR LICENSE, LIQUOR LICENSE NO. 21-
70664-0038 certain violations of the statutes of the State of Colorado and Rules and
Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, August 27, 2013 at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
SAFEWAY STORES 46 INC.
D/B/A SAFEWAY STORE NO. 920
451 E. WONDERVIEW AVENUE
P.O. BOX 5927 T.A.
DENVER, COLORADO 80217
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
RESOLUTION NO. 20-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 13, 2013 charging BOWL FORT COLLINS LLC. dba CHIPPERS LANES ESTES
PARK CENTER, a TAVERN LIQUOR LICENSE, LIQUOR LICENSE NO. 41-58976-0004
certain violations of the statutes of the State of Colorado and Rules and Regulations of the
Colorado Department of Revenue, Liquor Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, August 27, 2013 at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
BOWL FORT COLLINS LLC
D/B/A CHIPPERS LANES ESTES PARK CENTER
555 S. ST. VRAIN AVENUE
217 W. HORSETOOTH ROAD
FORT COLLINS, COLORADO 80525
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Town Attorney Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: August 7, 2013
RE: Consent Item 12 - Resolution #21 -13
Objective:
The Town of Estes Park is the local liquor licensing authority for violations of the State
Liquor Code. It is necessary to use a special prosecutor to represent the Town Police
Department and/or State Liquor Enforcement Division case for liquor license violations
to the Board of Trustees acting as the local liquor licensing authority. Resolution # 21-
13 appoints Jerry Roselle, attorney in Fort Collins, Colorado, as special prosecutor for
the purpose of presenting liquor license violations involving the Town of Estes Park
Police Department and/or the Liquor Enforcement Division of the Colorado Department
of Revenue before the Town Board of Trustees.
Present Situation:
Seven liquor license establishments have failed a compliance check conducted by the
Estes Park Police Department and the Colorado Liquor Enforcement Division on July
25, 2013. The Town Clerk is scheduling Show Cause Liquor Hearings for these liquor
establishments. It is anticipated that at least two of these establishments, namely
Safeway Store No. 920 and Chipper Lanes Estes Park Center, will not be eligible for a
Stipulation Agreement through the Town Clerk’s Office.
Proposal:
Adoption of Resolution # 21-13 will appoint Jerry Roselle as special prosecutor to
represent the Estes Park Police Department and/or the Liquor Enforcement Division of
the Colorado Department of Revenue before the Town Board at Show Cause Hearings.
Advantages:
Mr. Roselle has represented the Town of Estes Park Police Department in previous
Show Cause Hearings before the Town Board.
Mr. Roselle is experienced in this type of legal representation.
Appointment of a special prosecutor is necessary to allow the Town Attorney to
represent the Board of Trustees in a Show Cause Hearing.
Appointment of a special prosecutor for these Show Cause Hearings will facilitate
the accurate and responsible presentation of appropriate evidence to the Board of
Trustees in any Show Cause Hearing.
The Resolution appoints Mr. Roselle until either terminated by action of the Board of
Trustees or May 1, 2014. This allows Staff to retain Mr. Roselle for future Show
Cause Hearings without the necessity of Board action.
Disadvantages:
Engagement of the special prosecutor will result in increased costs to the Town for
Show Cause Hearings.
Action Recommended:
Approve Resolution # 21-13 for the appointment of Jerry Roselle as special prosecutor
for liquor license Show Cause Hearings.
Budget:
The administrative budget of the Town of Estes Park may be affected by fees charged
by Mr. Roselle for these matters.
Level of Public Interest: - N/A
Sample Motion:
I move to approve/deny Resolution #21 -13 appointing Mr. Roselle as special
prosecutor for Show Cause Hearings before the Board of Trustees of the Town of Estes
Park.
1
RESOLUTION NO. 21-13
A RESOLUTION APPOINTING JERRY ROSELLE, ASSPECIAL PROSECUTOR
FOR LIQUOR LICENSE HEARINGS
WHEREAS, the Town of Estes Park Board of Trustees is the local licensing
authority for liquor licensing matters within the Town of Estes Park; and
WHEREAS, there is a need to appoint a special prosecutor to prosecute liquor
license violations on behalf of the Town of Estes Park Police Department and the Liquor
Enforcement Division of the Colorado Department of Revenue before the Board of
Trustees; and
WHEREAS, Jerry Roselle, an attorney licensed and practicing law in the State of
Colorado with the firm Roselle and Breitigam, PC of Fort Collins, Colorado, has the
requisite qualifications to perform these services for the Town.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK as follows:
1. Jerry Roselle is hereby appointed as special prosecutor for the purpose of
prosecuting liquor license violations within the Town of Estes Park.
2. The Town Staff is hereby authorized to determine which matter shall be referred
to Mr. Roselle for his services
.
3. This Resolution shall stay in force and effect until terminated by action of the
Board of Trustees or May 1, 2014, whichever first occurs.
Dated this _____day of _____________, 2013
Mayor
ATTEST:
Town Clerk
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Wes Kufeld, Chief of Police
Date: August 13, 2013
RE: Park R-3 School District School Resource Officer Agreement 2013/2014
Objective:
The Police Department has provided School Resource Officer (SRO) services to the
Park School District R-3 since 2005. In 2009, the School District partially funded the
position in the amount of $20,000. In 2010, the School District was unable to fund the
position but still requested School Resource Officer Services. At that time we waived
the fee and absorbed the cost but provided limited operation of the School Resource
Officer to 3 days a week.
Present Situation:
Currently, the School District is in a position to begin funding the School Resource
Officer position at $20,000 for the school year and just recently we received payment for
the 2012/2013 school year.
Proposal:
The Memo of Understanding has been modified to reflect the services for the 2013/2014
school year. The hours of operation resume for the SRO to five days per week. This
schedule could be affected due to staffing levels at any point.
Advantages:
The Estes Park Police Department continues to enhance the partnership created with
the school district and the School Resource Officer provides security and education to
students and staff.
Disadvantages:
N/A
Action Recommended:
Staff recommends continuing the agreement for the School Resource Officer.
Budget:
$20,000 revenue will offset the cost of the School Resource Officer.
Level of Public Interest:
This is of great concern to the public to keep their students and staff safe.
POLICE DEPARTMENT Memo
Page 2
Motion:
I move to approve the Park R-3 School District School Resource Officer Agreement for
2013/2014.
PUBLIC WORKS Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Date: August 13, 2013
RE: Multi-Purpose Event Center & Stall Barn Construction Update
Objective:
To update the Town Board and public on the progress of the MPEC & Stall Barn Project
at the Stanley Fairgrounds.
Present Situation:
Last week, the final elements of the structural steel for the stall barn were placed in a
topping out ceremony. In addition, the Town Board took the first project site tour since
the ribbon cutting eight weeks ago and observed the significant changes that have
taken place. This week the project will proceed with installation of exterior panels to
begin closing in the stall barn.
The MPEC foundations are more than halfway completed and the structural steel for the
project has arrived onsite.
Overall, the project is going well and is currently within schedule and within budget.
Budget:
Community Reinvestment Fund $5,682,050.00
Level of Public Interest
This project has a very high level of public interest.
PUBLIC WORKS Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Date: August 13, 2013
RE: Visitor Center Transit Facility Parking Structure Planning Process
Objective:
To identify an inclusive and open process of the Visitor Center Transit Facility Parking
Structure project development and process of location and extent review.
Present Situation:
This is an important Town project involving many approving agencies and stakeholders.
Ideally the project will be utilized for public use as quickly as possible in 2014. The
project success is largely dependent upon input from all interested parties and quick
approvals early on in the design development.
Proposal:
Staff proposes an inclusive process of project development which is very open to public
input. This process will give the Town Board immediate information for decision making
and a fast-track approval process to bring the project into use as soon as possible.
Advantages:
Advantages include a very public process generating early opinion of designs from
public and stakeholders which will provide information to guide design development.
Restructuring of the Planning Commission and Town Board approval meetings will
accelerate the project’s schedule and make the project available for use by the public
sooner.
Disadvantages:
Disadvantages include less time for reflection and evaluations of decisions regarding
the development of the design. This new process may generate unforeseen obstacles
and may prove difficult to manage numerous opinions in a short period of time.
Action Recommended:
N/A
Budget:
N/A
Level of Public Interest
Very high interest from Local, State and Federal levels
Sample Motion:
N/A
Public ProcessPreliminary DesignFinal Construction DocumentsConstructionSchematic Design ApprovalPlanning Commission ApprovalBid OpeningVisitor Center Transit Facility Parking Structure Planning Process
PUBLIC PROCESSDAY 1Attendees include stakeholders, Planning Commission, Town Board, design team, public.•Determination of building use, physical constraints, possible configurations.•Public will be invited to watch the process, but no public comment.DAY 2Attendees include stakeholders, Planning Commission, Town Board, design team, public.•Public and stakeholders will be invited to comment on schematics during the morning session.•Mid‐day selection of options/alternatives.•Formal public comment will be received by the end of the day.DAY 3Attendees include stakeholders, Planning Commission, Town Board, design team, public.•Consultant will help narrow down schematics to one option, provide schematic, elevations and floor plans.•Evening meeting: •Planning Commission will provide formal opinion on schematic to the Town Board.•Town Board will provide an opinion on schematic design and give direction to staff and consultant on moving forward with preliminary design.
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Director
Date: August 13, 2013
RE: Estes Valley Planning Commission Appointment
Objective:
Appoint a new Commissioner to the Estes Valley Planning Commission.
Present Situation:
The Estes Valley Planning Commission is a joint Town/County commission that reviews
land use applications within the Estes Valley and is responsible for comprehensive
planning. The commission consists of seven volunteer appointed members.
One position is open. Staff posted the position in the Estes Park Trail-Gazette and
received three applications. An interview team consisting of Trustee Elrod, Planning
Commission Chair Hull, and Community Development Director Chilcott interviewed the
applicants.
Proposal:
The team recommends appointing:
Charley Dickey for a term expiring December 31, 2016. If appointed, Charley Dickey
will complete John Tucker’s term. Charley moved to Estes Park in 2009 from Cheyenne,
Wyoming after spending three years in Texas as a developer-builder. Charley is actively
involved in the community. He is a local business owner and has served on the Creative
Sign Design Review Board, Transportation Visioning Committee, Partners for
Commerce Board, and the Economic Development Task Force. Charley has also
participated in the Citizen’s Information Academy and Citizen’s Policy Academy.
Advantages:
The position is filled. Charley Dickey’s experience brings additional diversity to the
make-up of the Planning Commission. He is committed to, and involved in the
community.
Disadvantages:
If the appointment is not made, the position will remain vacant for another month or two
while the position is re-advertised and applicants are interviewed.
Community Development Memo
Page 2
Action Recommended:
Appoint Charley Dickey to the Estes Valley Planning Commission for a term expiring
December 31, 2016.
Budget:
N/A
Level of Public Interest:
Three applications for the position were received. Charley Dickey’s application was
accompanied with letters of support/recommendation from Elizabeth Fogarty and Jim
Pickering.
Sample Motion:
I move to appoint (or not appoint) Charley to the Estes Valley Planning Commission for a
term expiring December 31, 2016.
MAYOR Memo
To: Board of Trustees
From: Mayor Pinkham
Date: August 13, 2013
RE: LMD Interview Committee, Estes Park Economic Development
Corporation, Northern Colorado Economic Development Corporation and
Community Services Grant Review Committee
Objective:
To appointment specific Trustees and staff to the LMD interview Committee, Estes Park
Economic Development Corporation, and Board Community Grant Review Committee.
Present Situation:
Board policy states that the full board of Trustees approve the designation of any
trustee or other designee serving on the behalf of the Board on any outside committee
or board interview committee. Currently we need to appoint a committee to fill a
vacancy on the Local Marketing District Board, fill our positions on the newly formed
Estes Park Economic Development Corporation, and to serve as the review committee
for the 2014 town community services grant committee.
In 2013 the Town invested in the Northern Colorado Economic Development
Corporation which represents the entire Larimer County area for economic development
issues. This is a small financial investment, but provides us with a voice on a regional
basis and will be a valuable link to our local economic development efforts. Several
other Larimer County communities have an ex-officio representative on the NCEDC
Board of Directors and they have invited the Town of Estes Park to have ex-officio
representation on their board as well.
Proposal (including budget if applicable):
LMD interview Committee: Trustee Phipps and Trustee Elrod and Town Administrator
Lancaster
Estes Park Economic Development Corporation: Mayor Pinkham and Town
Administrator Lancaster
Community Services Grant Committee: Trustee Ericson, Trustee Koenig, and Asst.
Town Administrator Richardson
Northern Colorado Economic Development Corporation: Town Administrator Lancaster
Advantages:
This will allow these committees to proceed with their tasks
Disadvantages:
none
Requested Action and Sample Motions:
I move to appoint Trustee Elrod and Trustee Phipps and Town Administrator Lancaster
to the LMD interview committee.
I move to appoint Town Administrator Lancaster and Mayor Pinkham to represent the
Town on the Estes Park Economic Development Corporation.
I move to appoint Trustee Koenig, Trustee Ericson and Asst. Town Administrator
Richardson to the Community Services Grant Review Committee.
I move to appoint Town Administrator Frank Lancaster as the Town’s ex-officio
representative to the Northern Colorado Economic Development Corporation.
Level of Public Interest
low
Town Attorney Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: August 7, 2013
RE: Action Items 3 and 4 - Ordinance #11-13 and Ordinance #12-13
Objective:
In November 2012, Colorado’s voters passed Amendment 64 that legalizes the
personal possession, use, and limited home-growing of marijuana by adults 21 years of
age and older, and authorizes the operation of marijuana establishments which include
marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana
testing facilities, and retail marijuana stores.
Amendment 64 authorizes local governments to prohibit the operation of marijuana
establishments by adoption of an ordinance.
Ordinance #11-13 adds Chapter 9.48 to the Municipal code which prohibits the
operation of marijuana establishments, including private marijuana clubs. Ordinance
#12-13 amends Chapter 9.28 of the Municipal Code to address the provisions of
Amendment 64 which prohibit the enforcement of any municipal ordinance which
prohibits the possession, use and display of one ounce or less of marijuana by a person
over 21 years subject to certain restrictions as set forth in the Ordinance.
Present Situation:
The Town has not adopted an Ordinance prohibiting marijuana establishments within
the Town boundaries and has not amended its Municipal Code to reflect the prohibition
of certain municipal ordinances with regard to use and possession of marijuana by
persons 21 years and older. The Town Board has until October 1, 2013, to adopt an
Ordinance if it wishes to prohibit marijuana establishments within the Town.
Proposal:
Ordinance #11-13 adds a new Chapter 9.48 to the Municipal Code prohibiting marijuana
establishments as defined in Article XVIII Section 16 of the Colorado Constitution and
bans private marijuana clubs. Ordinance #12-13 amends Section 9.28 to reflect the
provisions of Article XVIII Section 16 of the Colorado Constitution on the use of
marijuana by adults and possession of marijuana accessories.
Advantages:
Adoption of the ordinances brings the Town into compliance with the requirements of
Article XVIII Section 16 of the Colorado Constitution.
Adoption of the ordinances provides the Estes Park Police Department with the
authority to enforce certain limitations on marijuana use within the Town.
Disadvantages:
There is a possibility that prohibiting marijuana establishments within the Town will
lead to loss of sales tax and licensing revenue to the Town.
Action Recommended:
The Staff recommends adoption of Ordinance #11-13 and Ordinance #12-13.
Budget:
N/A
Level of Public Interest:
To date there has been no comment in public meetings of the Town Board with regard
to any issues with regard to the prohibition of marijuana establishments and amending
of the Municipal Code to reflect the applicable provisions of Article XVIII Section 16 of
the Colorado Constitution.
Sample Motion:
I move to approve/deny Ordinance #11-13 Prohibiting Marijuana Centers, Optional
Premises Cultivation Operations and Marijuana Infused Products Manufacturing.
I move to approve/deny Ordinance #12-13 Amending Municipal Code Chapter 9.28
Drug Paraphernalia.
Chris Daubin <cdaubin1@gmail.com>
9:10 PM (14 hours ago)
I support the adoption of Ordinance # 11‐13 and 12‐13. Both are well written, and comprehensive
without overreaching into civil liberties. A look at the visitors on Elkhorn shows Estes Park is a family
vacation destination, not an adult entertainment city like Las Vegas. Public consumption, retail sale, and
cultivation of hallucinogenic drugs isn't in the best interest of the town. I'd bet there will be no loss in
tax revenue if passed. These Ordinances may increase tax revenue because families will have a respite
from the rest of the state as far as marijuana is concerned.
Thank you for the opportunity to comment.
Sincerely,
Chris Daubin
1341 Glacier View Lane
Erin Curran <digierin@gmail.com>
11:09 AM (21 minutes ago)
To the Town Meeting Boards and attendees:
I am curious about how you have come to the decision to prohibit cannabis establishments in town.
All I read about is the assumption that this is necessary for the preservation of the health, safety and
welfare of the Town and its citizens. Yet the prohibition, which was only establish since 1937 AFTER the
marijuana federal tax law came into place and after 5,000 years of use, has done more harm than good.
You have been led to believe that marijuana/cannabis is dangerous and addictive drug that has
destroyed the lives of millions of teens and adults and I feel the reason for prohibition in Estes Park are
not based on facts.
The health issue, cannabis does less harm, or no harm at all, than the seven liquor licenses that you
are approving. Marijuana is safer, why are we driving people to drink? The American Scientist states that
alcohol is among the most toxic recreational drugs, requiring just 10 times its typical effective dose to
cause death, cannabis is among the lest toxic recreational drugs, requiring more than 1,000 times the
effective dose to cause death. Gable, R. "The Toxicity of Recreational Drugs: Alcohol is more lethal than
many other commonly abused substances", The American Scientist, the Magazine of Sigma XI, the
Scientific Research Society, May‐June 2006.
Even the U.S. Centers for Disease Control and Prevention has concluded that marijuana is safer.
http://archive.saferchoice.org/content/view/24/53/
'The U.S. Centers for Disease Control and Prevention (CDC) reports that more than 37,000 annual U.S.
deaths, including more than 1,400 in Colorado, are attributed to alcohol use alone. The official
publication of the Scientific Research Society, American Scientist, reported that alcohol is one of the
most toxic drugs and using just 10 times what one would use to get the desired effect could lead to
death. Marijuana is one of – if not the – least toxic drugs, requiring thousands of times the dose one
would use to get the desired effect to lead to death. This “thousands of times” is actually theoretical,
since there has never been a case of an individual dying from a marijuana overdose.
Health‐related costs for alcohol consumers are eight times greater than those for marijuana consumers,
according to an assessment recently published in the British Columbia Mental Health and Addictions
Journal. More specifically, the annual cost of alcohol consumption is $165 per user, compared to just
$20 per user for marijuana. This should not come as a surprise given the vast amount of research that
shows alcohol poses far more – and more significant – health problems than marijuana.
Alcohol use is associated with a wide variety of cancers, including cancers of the esophagus, stomach,
colon, lungs, pancreas, liver and prostate. Marijuana use has not been conclusively associated with any
form of cancer. In fact, one study recently contradicted the long‐time government claim that marijuana
use is associated with head and neck cancers. It found that marijuana use actually reduced the
likelihood of head and neck cancers. If you are concerned about marijuana being associated with lung
cancer, you may be interested in the results of the largest case‐controlled study ever conducted to
investigate the respiratory effects of marijuana smoking and cigarette smoking. Released in 2006, the
study, conducted by Dr. Donald Tashkin at the University of California at Los Angeles, found that
marijuana smoking was not associated with an increased risk of developing lung cancer. Surprisingly, the
researchers found that people who smoked marijuana actually had lower incidences of cancer
compared to non‐users of the drug.
journal Alcoholism: Clinical & Experimental Research, found that 36 percent of hospitalized assaults and
21 percent of all injuries are attributable to alcohol use by the injured person. Meanwhile, the American
Journal of Emergency Medicine reported that lifetime use of marijuana is rarely associated with
emergency room visits.
Alcohol is clearly the drug with the most evidence to support a direct intoxication‐violence relationship,"
whereas "cannabis reduces the likelihood of violence during intoxication."
You state you worry about the safety and welfare of the people of Estes, yet the liquor stores that are
allowed in town, along with bars, that our very children are more than welcome to go into, does more
harm than a cannabis business. Cannabis business checks the identifications of its customers to make
sure they are of age, the drug dealers do not. If you are to think that the children of Estes Park are not
using drugs or are not able to buy drugs on the street than you are highly mistaken. In case you are
unaware, but all the kids have to do is go across the street of the elementary school to buy their drugs.
Having a cannabis business will drive the black market and drug dealers out of town. Drug dealers do not
ID our children. Cannabis business can put their tax dollars into supporting our town and schools and
charities.
The safety? Those residents that are users of cannabis has to drive in all kinds of weather over a
mountain or two to buy cannabis, that is not always safe especially in the winter. Even Law Enforcement
Against Prohibition agrees that prohibiting marijuana only causes more harm than good to families.
http://www.leap.cc/about/why‐legalize‐drugs/#
We believe that by eliminating prohibition of all drugs for adults and establishing appropriate regulation
and standards for distribution and use, law enforcement could focus more on crimes of violence, such
as rape, aggravated assault, child abuse and murder, making our communities much safer. We believe
that sending parents to prison for non‐violent personal drug use destroys families. We believe that in a
regulated and controlled environment, drugs will be safer for adult use and less accessible to our
children. And we believe that by placing drug abuse in the hands of medical professionals instead of the
criminal justice system, we will reduce rates of addiction and overdose deaths.
Enforcing marijuana prohibition costs taxpayers an estimated $10 billion annually and results in the
arrest of more than 750,000 individuals per year ‐‐ far more than the total number of arrestees for all
violent crimes combined, including murder, rape, robbery and aggravated assault.
We need to share the truth about the cannabis plant instead of placing fears based on lies and allow
what the people know and the science that has been proven, cannabis is safer. Guidelines can be set but
do not base the ban of the cannabis business based on non facts.
As a chapter leader for Estes Park Moms for Marijuana, we are bound to share the truth and show facts
about cannabis with the community and world. Moms for Marijuana is an international organization
that has made headline news, people are opening their minds to learn the truth.
Erin Curran
Chapter leader of Estes Park Moms for Marijuana
Ken Hendren <nwhrmnyldg@hotmail.com>
Aug 10 (5 days ago)
Town Clerk of Estes Park, CO and Town Board,
I am a homeowner in Estes Park and I am writing to register my extreme opposition to retail marijuana
establishments and medical marijuana dispensaries being allowed to operate in Estes Park. First and
foremost, Estes Park is a tourist town that caters to families. These families come to Estes Park to enjoy
a fresh environment that is welcoming to all both old and young. This environment is represented in the
cookie and candy and ice cream and t‐shirt and clothing and outdoor and book shops and restaurants
that line Elkhorn Avenue. Imagine the possibility of one of these marijuana establishments inserting
itself among these businesses, and imagine the impact on tourists from other states and other countries
where these establishments are not allowed. Estes Park is currently in a unique position in that no
dispensaries are currently operating here and the town is much the better for it. If the floodgates open
there will be no way to turn back.
While I empathize with those few who may have an established need for medical marijuana it is clear
that they have many options. There are dispensaries currently operating in Loveland, Longmont, Fort
Collins, Boulder and Lyons. Estes Park is a small town and everyone who lives here has had to head
down the hill for one thing or another at some point, and marijuana should be no different. We live in a
small town for a reason. If we didn't acknowledge and accept the trade‐offs of small town living then
we'd be in a city or suburb somewhere where every whim could be addressed within a radius of a few
miles. Estes Park is special. It's not like everywhere else and it doesn't need to try to be by allowing
these businesses into our town. We need to preserve what makes us what we are and what keeps
people coming back, because people coming back is the life blood of our town. The day we become like
every place else is the day that our lives as residents of Estes Park change forever. Please consider my
comments and do not allow retail marijuana establishments and medical marijuana dispensaries to
operate in Estes Park.
Most sincerely,
Ken Hendren
1351 Riverside Lane
P.O. Box 2960
Estes Park, CO
80517
720‐323‐3007
Statement in Support of
ORDINANCE #11-13 PROHIBITING MARIJUANA ESTABLISHMENTS –
TESTING FACILITIES, PRODUCTION FACILITIES, RETAIL STORES & PRIVATE
MARIJUANA CLUBS.
By
Neil H. Woodley
250 Cherokee Court
Estes Park CO 80517
As residents of the Town of Estes Park for 11 years, my wife, Sue, and I thank the
Board for the opportunity to support the prohibition of marijuana establishments from
our town. We believe that a full consideration of the negative impacts such
establishments would have on the community can only lead to a conclusion in support
of the ordinance 11-13 under consideration.
Here are the effects of smoking marijuana as reported by Dr Edward R. Bloomquist,
Dept of Anesthesiology, Los Angeles County General Hospital1:
“Shortly after inhaling the smoke the user notices a feeling of ‘inner joy’ that is out of
proportion to the apparent motivation. This is described as being "high." If the user is
alone he may "trip off" and be quiet and drowsy or he may sit and watch the passing
parade of technicolor illusions which occur as toxicity increases. In company he may be
talkative and hilarious. His awareness, touch and perception are considerably altered,
particularly as they relate to time and space. Coordination is altered, although the user
may fail to recognize this and complex intellectual capacities are impaired, particularly
those which govern speed and accuracy. The individual's basic personality is not
appreciably changed but his behavioral reactions may be modified. Self-confidence,
often unwarranted, is one of the usual reactions. The user loses his inhibitions in
varying degrees. During this early period he may feel relaxed and at ease. If a negative
influence is insinuated, however, he may become anxious, slightly paranoid and
apprehensive. This experience is known as a ‘bring down,’ a ‘downer,’ or a ‘bummer.’
As he continues going up (or down) his judgment and memory are impaired. He
becomes easily irritated and may, if the dose is high enough, become confused,
disoriented, afraid and filled with a foreboding he may die. Behavior is impulsive and
mood reactions are variable. Not infrequently the user experiences phantasmagoria-the
sensation that figures are rushing toward him at tremendous speed, increasing in size
as they approach. Conversely, they may depart from him, decreasing in size. As one
user described this, ‘It's like a zoom lens on a TV camera.’ With increasing doses,
hallucinations may appear. If they are pleasant the user ‘trips’ on them and remains
high. If they are unpleasant he may become so upset and afraid that if the proper
ingredients for the experience are present, a true though usually transient psychiatric
reaction may develop. The total effects of a marijuana ‘trip’ last from three to five hours,
1 Bloomquist, Edward R., M.D., “Marijuana – Social Benefit or Social Detriment?” CALIFORNIA MEDICINE, pp
345-353, Vol. 106, Issue 5, May 1967.
after which the user feels slight lethargy and hunger. Experience will vary, however,
since marijuana is an unpredictable drug which is usually employed by unpredictable
persons.”
Insofar as known medical benefits are concerned, Dr Bloomquist further states:
“Neither Cannabis nor its active principles are currently considered to have valid clinical
application despite the fact that in many countries the drug has been considered at one
time or another as a cure for almost all illnesses.”
Noteably there are no members of the Estes Park medical or critical care community
speaking out in support of such establishments.
Nor is there any support from our law enforcement personnel.
The right answer by the Town Board to the altered human behavior I have described,
and when considering that such individuals under the influence of a hallucinogenic drug
have access to legally registered automobiles and firearms, is not to ban the
automobiles and firearms. Rather, as is the goal of Ordinance 11-13, it is to restrict
access to the mind-altering drug.
Thank you for your time.
1
ORDINANCE NO. 11-13
AN ORDINANCE OF THE TOWN OF ESTES PARK ADDING CHAPTER 9.48 TO
THE ESTES PARK MUNICIPAL CODE WHICH PROHIBITS THE OPERATION OF
MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT
MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, RETAIL
MARIJUANA STORES, AND PRIVATE MARIJUANA CLUBS.
WHEREAS, Colorado voters approved an amendment to the Colorado
Constitution known as Amendment No. 64 and codified as Article XVIII, Section 16,
which allows in part for the retail sale and cultivation of marijuana in the State of
Colorado; and
WHEREAS, Article XVIII, Section 16 of the Colorado Constitution authorizes the
Town of Estes Park, to prohibit the operation of marijuana cultivation facilities,
marijuana product manufacturing facilities, marijuana testing facilities and retail
marijuana stores through the enactment of an ordinance; and
WHEREAS, the establishment and operation of private marijuana clubs, although
superficially “private”, involves the consumption of marijuana by assemblies of persons
which by its very nature diminishes its character as non-public activity; and
WHEREAS, to the extent a private marijuana club involves activity that generates
profit or pecuniary gain to its members or management, the private marijuana club is an
unregulated class of business enterprise; and
WHEREAS, the establishment of private marijuana clubs presents a situation
where the use of marijuana by an assembly of persons could take place in commercial
and industrial structures within the Town, but not be subject to the land use and police
power regulations of the Town; and
WHEREAS, the Board of Trustees has carefully considered the provisions of
Article XVIII, Section 16 of the Colorado Constitution, and the impact of the operation of
marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana
testing facilities, retail marijuana stores and private marijuana clubs on the health, safety
and welfare of the Town and its inhabitants, as well as the possible financial impacts on
the Town; and the Board of Trustees has determined that such marijuana cultivation
facilities, marijuana product manufacturing facilities, marijuana testing facilities, and
retail marijuana stores should not be located within the corporate limits.
2
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. Chapter 9.48 of the Municipal Code shall be added as follows:
Marijuana Enterprises
Section 9.48.010 Uses prohibited. It shall be unlawful for any person to
operate, cause to operate or permit to be operated, any marijuana
cultivation facilities, marijuana product manufacturing facilities, marijuana
testing facilities, and retail marijuana stores within the Town of Estes Park;
and all such uses are hereby prohibited in any location within the Town, or
within any area hereinafter annexed to the Town.
Section 9.48.020 Definitions. For the purpose of this Chapter the following
terms shall have the following meanings:
(1) “Marijuana” shall have the same meaning as set forth in Section 16
(2)(f) of Article XVIII of the Colorado Constitution.
(2) “Marijuana Cultivation Facility” shall have the same meaning as set
forth in Section 16 (2)(h) of Article XVIII of the Colorado Constitution.
(3) “Marijuana Product Manufacturing Facility” shall have the same
meaning as set forth in Section 16 (2)(j) of Article XVIII of the Colorado
Constitution.
(4) “Marijuana Testing Facility” shall have the same meaning as set forth
in Section 16 (2)(l) of Article XVIII of the Colorado Constitution.
(5) “Retail Marijuana Store” shall have the same meaning as set forth in
Section 16 (2)(n) of Article XVIII of the Colorado Constitution.
Section 9.48.030 Private marijuana clubs prohibited.
(a) It shall be unlawful for any person or association of persons to operate
any private marijuana club, which shall, for purposes of this Section, be
defined as follows:
The consumption of marijuana by persons assembled within a
commercial or industrial structure, where such consumption is
permitted, encouraged, promoted, enabled or condoned by persons
3
assembled therein, whether such consumption is the primary intended
purpose or an intended purpose incidental to other reasons for
assembly therein.
Section 9.48.040 Separate offense. Each and every day a violation of the
provisions of this Chapter is committed, exists or continues shall be
deemed a separate and distinct offense.
Section 9.48.050 Town civil remedies. The establishment, operation and
continuation of any activity in violation of the terms of this Chapter is
specifically determined to constitute a public nuisance, may be abated by
the Town as a nuisance and may be enjoined by the Town in an action
brought in a court of competent jurisdiction in the county in which such
activity occurs. The remedies set forth in this Section shall not be
exclusive, shall be cumulative and shall be in addition to any other remedy
available at law or in equity.
2. 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
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the day of , 2013 and
published in a newspaper of general publication in the Town of Estes Park, Colorado,
on the day of , 2013.
Town Clerk
1
ORDINANCE NO. 12-13
AN ORDINANCE OF THE TOWN OF ESTES PARK AMENDING CHAPTER 9.28 TO
THE ESTES PARK MUNICIPAL CODE WITH REGARD TO MARIJUANA
POSSESSION OR USE AND MARIJUANA PARAPHERNALIA IN ACCORDANCE
WITH ARTICLE XVIII, SECTION 16 OF THE COLORADO CONSTITUTION.
WHEREAS, Colorado voters approved an amendment to the Colorado
Constitution known as Amendment No. 64 codified as Article XVIII, Section 16 of the
Colorado Constitution; and
WHEREAS, Article XVIII, Section 16 of the Colorado Constitution permits adults
over the age of 21 years to use, possess and cultivate limited amounts of marijuana
pursuant to the restrictions contained therein; and
WHEREAS, pursuant to Article XVIII, Section 16 of the Colorado Constitution
drug paraphernalia does not include any marijuana accessories as defined in said
section if possessed or used by a person age 21 years or older; and
WHEREAS, the Board of Trustees finds and determines it necessary to amend
Chapter 9.28 of the Municipal Code relating to possession and use of marijuana and
drug paraphernalia.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. Chapter 9.28 of the Municipal Code shall be amended to read as follows:
Section 9.28.020 (2) shall be amended by the addition of the following sentence.
Drug paraphernalia shall not include marijuana accessories as defined in
Article XVIII, Section 16 (2)(g) of the Colorado Constitution if possessed or
used by a person age 21 years or older.
Section 9.28.100 Possession or use of marijuana shall be amended to read as
follows:
(a) Marijuana shall have the same meaning as defined in Article XVIII,
Section 16 (2)(f) of the Colorado Constitution.
(b) It is unlawful for any person under the age of twenty-one (21) years to
possess less than one (1) ounce of marijuana.
2
(c) It is unlawful for any person twenty-one years or older to possess more
than one (1) ounce of marijuana
(d) It is unlawful for any person over the age of 21 years to openly and
publicly display, consume or use not more than one (1) ounce of
marijuana.
(e) As used in this Section, “openly and publicly” means a place open to
the general public which includes a place to which the public or
substantial members of the public have access without restriction
including, but not limited to, streets, highways, public sidewalks,
parking lots, transportation facilities, places of amusement, parks,
playgrounds, Town owned open space, common open space owned
by homeowners associations, common areas of public buildings and
facilities and commercial and industrial buildings and facilities that are
open or accessible to members of the general public.
2. 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
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the day of , 2013 and
published in a newspaper of general publication in the Town of Estes Park, Colorado,
on the day of , 2013.
Town Clerk
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Kevin Ash, PE, Public Works Civil Engineer
Date: August 13, 2013
RE: Multi-Purpose Event Center & Multi-Use Stall Barn Civil Site Work
Contract
Objective:
The objective is to obtain authorization to enter into an agreement for construction
services relating to the Civil Site Work for the Multi-Purpose Event Center & Stall Barn.
Included with this Memo, for your review, is a copy of the Town Construction Agreement
and the Master Agreement for this project.
Present Situation:
Public Works went out to bid for construction services necessary to provide
underground utilities and concrete walkways for the Multi-Purpose Event Center and
Multi-Use Stall Barn. The project was advertised for public bid on July 23rd, 2013, and a
bid opening was held on August 9th, 2013. One firm responded – Cornerstone
Concrete, Inc. from Estes Park. Together with a team including Cornerstone Concrete,
Fairbanks Excavation and Van Horn Engineering, a bid of $359,845.20 was submitted.
Proposal:
Staff has evaluated the submitted bid and recommends the fee is appropriate for the
proposed scope of services and Cornerstone Concrete, Inc. is a qualified respondent to
the RFP. Staff therefore recommends the Town enter into a contract with Cornerstone
Concrete, Inc. for $359,845.20 with a contingency of 10% for the execution of these
services. Included with this memo is the Construction Contract and Master Agreement
that the Town will enter into with Cornerstone Concrete, Inc.
Advantages:
The primary advantage adding this contract separate from the buildings contract is the
creation of a competitive bidding environment that allows our local contractors the
opportunity to compete for services on a Town project.
Disadvantages:
Disadvantages include the creation of another contract for staff to administer and
another contractor to manage. Also, bringing in another contractor creates potential
coordination conflicts with the ongoing building construction work with Dohn
Construction.
The inclusion of local contractors in the construction of these buildings provides
valuable employment opportunities for the Estes community and heightens local
interest.
Action Recommended:
Staff recommends the Town Board approve the contract with Cornerstone Concrete,
Inc. for $359,845.20. Staff also recommends approval of construction budget of
$395,829.22, which includes a contingency of 10% in addition to the contract amount.
Budget:
Community Reinvestment Fund = $320,000.00. An additional $75,829.22 will need to
be allocated for this project budget.
Level of Public Interest
This project provides essential utility services and pedestrian walkways for the Multi-
Purpose Event Center and Multi-Use Stall Barn. It has a high level of interest in the
community.
Sample Motion:
I move for the approval/denial of establishing a construction budget of $395,829.72. In
addition, I move for the approval/denial of entering into an agreement with Cornerstone
Concrete, Inc. for the fee of $359,845.20.
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Town of Estes Park Master Agreement
TOWN OF ESTES PARK
MASTER AGREEMENT
FOR CONSTRUCTION
(For use in Colorado)
MASTER AGREEMENT NUMBER: 2013 –
This Master Agreement for Off-Site and On-Site Construction (the “Master Agreement”) is entered into as
of , 2013, (the “Effective Date”) between TOWN OF ESTES PARK (“Owner”)
and ,
a corporation (“Contractor”), regardless of whether
Contractor’s actual capacity will be prime contractor or subcontractor.
Section 1. INCORPORATION OF MASTER AGREEMENT INTO CONTRACT AND TERM
1.1 Incorporation. This Master Agreement establishes the general conditions applicable to
any specific, Commitment (the “Contract”) subsequently entered into between Owner
and Contractor. The provisions of this Master Agreement will apply to and become part of
any bid submitted by Contractor to Owner and any Contract entered into between
Contractor and Owner and any Time and Material Authorization (“TMA”), Field Purchase
Order (“FPO”) or Change Order. Unless otherwise indicated, the capitalized terms used
but not defined in this Master Agreement have the definitions stated in the Contract.
1.2 Applicability to Open Contracts. Contractor and Owner agree, acknowledge and
accept that this Master Agreement hereby replaces and supercedes any prior master
agreement entered into between Owner and Contractor. All open Contracts, including all
open TMAs, FPOs, Change Orders or other amendments, issued prior to the effective
date of this Master Agreement (the “Open Contracts”) are incorporated herein by
reference and remain operative and in full force and effect except that this Master
Agreement governs the Open Contracts All references in Open Contracts to the “Master
Agreement” or to a provision thereof, shall be deemed to refer to this Master Agreement.
1.3 Term. The term of this Master Agreement (the “Term”) will extend from the Effective Date
until September 10, 2013 for Phase I substantial completion and November 27th for Phase
II substantial completion dates unless cancelled or modified in writing by Owner prior to
that time or extended for completion of a Contract as provided in such Contract. The term
of any Contract commences on its effective date and ends upon the Completion of Work
unless a written termination is issued prior thereto.
1.4 Owner’s Authorized Representative for the projects will be a representative from Norris
Design and/or the Town of Estes Park who will have the rights and authority assigned to
the Owner’s Representative in the Contract Documents. The name of the individual who
will act as the Owner’s Authorized Representative will be set forth in the Contract
Documents.
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Section 2. DEFINITIONS
“Applicable Requirements” means all federal, state and local laws, statutes,
ordinances, codes, rules, regulations, orders, judgments and decrees applicable to the
Work, including without limitation a state or federal Storm Water Management Plan
(“SWMP”).
“Bid” means the offer or proposal of the Bidder submitted on the prescribed Bid Form
setting forth the prices for the Project to be constructed.
“Bid Form” means the form of the offer or proposal setting forth the Project to be
constructed.
“Bidder” means any individual, firm or corporation submitting a bid for the Project
contemplated, acting directly or through a duly authorized representative.
“Owner” is defined in the preamble.
“Owner’s Authorized Representative” means the person specified in Section 1.4 of the
Master Agreement or other applicable Contract, or such other Project Manager or other
individuals, as Owner designates to Contractor.
“Business Day” is defined in Section 13.1.
“Change Order” means a written document provided by Contractor to the Owner,
requesting an authorization for an addition, deletion or revision in the Work, or an
adjustment in the Construction Schedule or Contract Price, issued after the effective date
of the Master Agreement, to be signed by both Owner and Contractor.
“Completion of Work” means (a) the Work has passed all applicable inspections and
Contractor has obtained all required approvals, permits, certificates and sign-offs from the
appropriate agencies, including governmental authorities and utilities, (b) all Work,
including all punch list work, has been completed to Owner’s satisfaction, as evidenced by
a written approval notice to Contractor from Owner’s Authorized Representative and
(c) Contractor has delivered to Owner the as-built Plans, annotated Specifications and
other documentation required in Section 4.4 below, and cleaned the Site as required in
Section 4.5(a) below.
“Construction Schedule” means a document containing specific time periods and
deadlines associated with construction of the Project and performance of the Work.
“Contract” is defined in Section 1.1.
“Contract Documents” means the Master Agreement, the Contract, the Contractor’s Bid,
Plans, Specifications, engineering reports, soils reports, acoustical reports, geotechnical
and geological investigation reports and other documents specified in the Contract, and all
subsequent Change Orders.
“Contract Price” means the compensation for the Work, as specified in the Contract
authorizing the Work to be performed.
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“Contractor” is defined in the preamble.
“Effective Date” is defined in the preamble.
“FPO” is defined as a Field Purchase Order issued for additional work by Owner’s
Authorized Representative.
“General Conditions” means the general conditions as set forth in the Contract
Documents.
“Hazardous Substance” is defined in Section 4.5(g)(1).
“Losses” is defined in Section 8.1.
“Master Agreement” is defined in the preamble.
“Owner” is defined in a Contract if different than Owner.
“Payment Authorization” means all written authorizations that Owner requires
contractor to submit with invoices for payment.
“Phase” means a portion of the Project defined as such.
“Plans” means the official plans, drawings, working drawings, or supplemental drawings
or exact reproductions thereof, approved by the Owner’s Authorized Representative,
which show the location, character, dimensions, and details of the Work.
“Project” means the construction project specified in the the Contract and Scope of
Work; in the total construction of which the Work may be the whole or a part.
“Project Manual” means the official documents prepared by the project designer such as
bidding requirements, sample forms, conditions of the contract and specifications for the
Work to be completed.
“Proprietary Information” is defined in Section 12.1.
“Site” means the physical location of the Project(s).
“Special Conditions” means the specific clauses setting forth conditions or requirements
peculiar to the Project, covering work or materials involved in the Bid which are not
thoroughly or satisfactorily stipulated in the General Conditions or Specifications.
“Specifications” means the specifications specified in the Project Manual for the Multi-
Use Stall Barn and the Multi-Purpose Event Center.
“Subcontractor” means an individual or entity having a direct contract with the
Contractor or with any other Subcontractor for the performance of a portion of the Work.
“Supervisor” means Contractor’s Supervisor designated under the Contract Documents.
“Term” is defined in Section 1.3.
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“Time and Material Authorization” or “TMA” means a document, which will be provided
to Owner by Contractor identifying hourly charges for specific work to be performed and
equipment to be used to complete the Project.
"Work" or “Scope of Work” means the work specified in any contract issued by Owner
to Contractor, as may be modified by subsequent approved Change Orders, and TMAs.
Section 3. OWNER/CONTRACTOR RELATIONSHIP
Owner and Contractor are committed to working together in a relationship based on
integrity and continual improvement in order to achieve a mutually beneficial relationship
and to deliver exceptional value and quality to Owner’s customers. Contractor
acknowledges that its relationship with Owner and its responsibilities under this Master
Agreement include a continuing need for process improvements, elimination of waste and
more efficient use of labor and materials.
Section 4. CONTRACTOR’S WORK
4.1 Applicable Requirements and Plans and Specifications.
4.1(a) Performance Standards. Contractor must expeditiously perform the Work in a
good and workmanlike manner and must provide all labor, materials, tools,
supplies, equipment, machinery, supervision, coordination, transportation,
services and all other things necessary for execution of the Work. Contractor
must perform the Work in accordance with all Applicable Requirements, the
Contract Documents, where applicable.
4.1(a)(1) Where the Plans or Specifications describe portions of the Work in
general terms, but not in complete detail, the best industry practice is to
prevail and only materials and workmanship of the first quality are to be
furnished. Whether or not shown by the Contract Documents, the Work
includes any item of labor, service and/or material reasonably implied or
customarily furnished by a contractor performing work of the type
comprising the Work, or required to complete the Work in compliance
with any Applicable Requirements. Contractor must furnish, without
extra charge, any additional material and labor required to comply with
Applicable Requirements, the Contract Documents, where applicable,
even though not mentioned in the Specifications or shown on the Plans.
4.1(a)(2) All material must be installed in accordance with the manufacturer’s
specifications. If Contractor installs any material in a manner that voids
the manufacturer’s guarantee and/or warranty without prior written
authorization from Owner, Contractor assumes all obligations under the
manufacturer’s guarantee and/or warranty at Contractor’s sole cost and
expense.
4.1(b) Notification of Inconsistencies. Contractor must provide written notification to Owner of
any inconsistency between the Contract Documents and Applicable Requirements, where
applicable, or of any other inconsistency, error or omission Contractor may discover in the
Contract Documents. If Contractor performs any portion of the Work which Contractor
knows, or shall know, is inconsistent with any Applicable Requirements, where applicable,
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or which otherwise involves an inconsistency, error or omission, without having previously
reported it to Owner in writing, Contractor will bear all costs for correction and any
associated delay.
4.1(c) Priority of Documents. See Town of Estes Park Contract Agreement for priority of
Documents.
4.1(d) Permits. Contractor will secure permits for the Work except as otherwise noted.
4.2 Contractor’s Expertise, Representations and Warranties.
4.2(a) Contractor’s Expertise. Contractor acknowledges that Owner relies upon Contractor’s
experience, expertise, recommendations and supervision in the performance and
scheduling of the Work and in striving continually to improve upon the methods and
materials necessary for completing the Work.
4.2(b) Representations and Warranties. Contractor represents and warrants that it is:
(1) an expert in its field and trade and able to furnish the facilities, tools, materials,
supplies, equipment and qualified personnel required to perform the Work, and
has sufficient expertise and competence to do so;
(2) financially solvent, able to pay its debts as they mature and possessed of
sufficient working capital to perform the Work and meet its obligations under the
Contract Documents;
(3) authorized to do business in Colorado;
(4) properly qualified, certified and licensed to perform the Work by all governmental
and quasi-governmental authorities having jurisdiction over Contractor or the
Work, and will remain so at all times during performance of the Work;
(5) a duly formed and existing legal entity in good standing in Colorado and the
jurisdiction within which the entity was formed; and
(6) duly authorized to execute this Master Agreement and any Contracts hereunder;
and
(7) including in its Contract Price sufficient money to comply with all applicable local,
state and federal laws or regulations governing the labor or services provided.
4.3 Inspection of Work and Rework.
4.3(a) Inspection of Work. The Work is subject to inspection and approval by both the
Owner and governmental authorities and utilities. Contractor must do each of
the following:
(1) Perform frequent and on-going inspections of the Work to ensure that
the Work is in compliance with the Contract Documents, and Applicable
Requirements, where applicable. Contractor will not be relieved from
any of its responsibilities with respect to the Work by the activities or
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duties of Owner or Owner’s Authorized Representative, or by
inspections required or performed by persons other than Contractor.
(2) Fully comply with all inspection programs and protocols designated by
Owner.
(3) Coordinate all required inspections of the Work by governmental
authorities and utilities.
(4) Give Owner’s Authorized Representative timely notice (at least 48
hours) of governmental and utility inspections so that the Authorized
Representative may observe the inspections.
(5) Bear all costs and any associated delay for reinspection and correction
(to the satisfaction of Owner and the relevant governmental authority or
utility) if the Work or any portion of it fails to pass inspection.
(6) Commence corrective work within twenty-four (24) hours after the failed
inspection and diligently pursue the corrective work to satisfactory
completion.
4.3(b) Coverage of Work. If any portion of the Work is not visually observable or is
otherwise covered prior to required inspection or contrary to the requirements of
the Contract Documents or the request of Owner’s Authorized Representative,
that portion must be uncovered or removed at Contractor’s cost and after
inspection must be recovered or replaced at Contractor’s cost, all without any
extension of time.
4.3(c) Resolution of Dispute over Quality. If any dispute arises as to the quality of
Contractor’s work or the quality or type of materials furnished, Owner’s
reasonable decision regarding the quality or type of materials to be used is
binding on Contractor during the course of the Work. Thereafter, Contractor may
choose to seek extra payment for the cost of the labor or materials, provided all
notices have been timely submitted as required in Section 5, below.
4.4 As-Built Plans, Annotated Specifications and Other Documentation.
4.4(a) As Built Plans and Specifications. When required by the Contract, Contractor
must prepare and maintain on a current basis an accurate and complete set of
as-built Plans showing clearly all changes, revisions and substitutions during
construction, including, without limitation, field changes and the final location of
all utility lines, pipes, grades and other significant features, and as related to the
Work, annotated Specifications marked in the field to show all changes, revisions
and substitutions.
4.4(a)(1) In the event of a Specification that allows Contractor or any
subcontractor to elect one of several brands, makes or types of material
or equipment, Contractor must show which of the allowable items was
furnished.
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4.4(a)(2) The as-built Plans and annotated Specifications must be kept at the
Site, and must be available for inspection by Supervisor, Owner and
any governmental authorities or utility companies and must be provided
to Owner at the Completion of Work.
4.4(b) Documentation. At the Completion of Work and prior to final payment,
Contractor must provide Owner with all operating manuals, guarantees,
warranties, and product warranties, which relate to any materials or equipment
installed by Contractor as well as the names of replacement parts suppliers and
all other similar documentation relating to the Work.
4.5 Site Requirements.
4.5(a) Cleanliness.
4.5(a)(1) Contractor must keep its work areas in a neat and safe condition at all
times and ensure that neither it nor its subcontractors, nor others for
whom it is responsible, create any hazardous or unsafe conditions
which might affect others on or off the Site.
4.5(a)(2) On a daily basis Contractor must pile all rubbish, waste and debris
resulting from the Work in a location or trash bin designated by Owner’s
Authorized Representative and must ensure that all materials, supplies
and equipment are properly and safely stored.
4.5(a)(3) At the Completion of Work, Contractor must remove from and about the
Site all waste materials, rubbish, tools, construction equipment,
machinery and surplus materials, and must leave the Site in “broom
clean” condition.
4.5(a)(4) If Contractor intends to dispose of any soil or debris generated from
excavation, drilling or other activities, or Hazardous Substances (as
defined in Section 4. 5(g)(1) below, then Contractor must –obtain written
approval from Owner’s Authorized Representative prior to disposal so
Owner can sample and profile the materials or Hazardous Substance
and require Contractor to effect such disposal only at facilities approved
by Owner in advance and in writing Contractor shall not permit any run-
off to a storm drain, except for uncontaminated clear run-off water.
4.5(b) Drug Free. Illegal drugs (including prescription drugs belonging to another) and
alcohol are strictly prohibited on the Site at all times. Contractor must instruct its
employees, subcontractors and others for whom it is responsible that the
possession of illegal drugs or alcohol while on the Site, or working on the Site
under the influence of illegal drugs or alcohol, will result in immediate removal of
employee from all of Owner’s projects. Contractor must strictly enforce this
policy. Contractor’s failure to enforce this policy is a material breach of this
Master Agreement and any Contract, and a basis for terminating any Contract as
well as for terminating this Master Agreement.
4.5(c) Supervision.
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4.5(c)(1) At any time Contractor is performing the Work, and at other times as
necessary, the Supervisor must be present at the Site. The Supervisor
must be skilled and knowledgeable both in the performance and
supervision of the Work and fully knowledgeable regarding the
requirements of the Contract Documents and Applicable Requirements.
So far as reasonably possible, Contractor will keep the same Supervisor
on the job throughout the performance of the Work. The Supervisor
must be authorized to respond to the needs and requirements of Owner
without obtaining further authorization. At its sole discretion, Owner
may require Contractor to replace its Supervisor on twenty-four (24)
hour notice at no cost to Owner.
4.5(c)(2) The Supervisor must have the linguistic skills necessary to
communicate with Contractor’s employees, subcontractors, suppliers
and others for whom Contractor is responsible, whatever their primary
language may be, as well as to communicate fully with Owner’s
Authorized Representative.
4.5(c)(3) If Contractor fails to have adequate supervision on the Site, Owner may
supply its own supervision, at Contractor’s cost, or in the alternative,
cause all Contractor’s employees to cease work until adequate
supervision is provided, again at Contractor’s cost, including any
associated delay.
4.5(d) Training.
4.5(d)(1) Contractor warrants that its employees and any subcontractors or
others for whom Contractor is responsible have received or will receive,
prior to commencing the Work, all training and instruction necessary for
performance of the Work in conformance with Applicable Requirements,
the Contract Documents and industry standards.
4.5(d)(2) Contractor warrants that each of the employees who are performing the
Work is knowledgeable about the requirements of the Contract
Documents and Applicable Requirements.
4.5(d)(3) Owner may require Contractor to remove and replace any employee
who is inadequately trained, who fails to demonstrate the necessary
skills to do the Work, or who is not knowledgeable about the
requirements of the Contract Documents and Applicable Requirements.
4.5(e) Safety.
4.5(e)(1) Contractor must fully comply with all Applicable Requirements with
respect to occupational health and safety standards under the
Occupational Safety and Health Act (OSHA) of 1970, 29 Code of
Federal Regulations, Section 1926, any other applicable public
authority, accident prevention and safety equipment and safe practices.
Contractor must fully cooperate with Owner’s Safety Manager to
implement and enforce any other accident prevention and safety
program of Owner. Contractor must cooperate with any regulatory
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agency consultation or compliance inspections. Contractor is
responsible for protecting the public from hazards related to the Work.
4.5(e)(2) Contractor must have an Injury/Illness Prevention Program (“I.I.P.P.”)
and Contractor must provide Owner with a copy of its I.I.P.P. upon
request. Contractor must conduct periodic inspections of Site
conditions and equipment and must provide documentation of such
inspections to Owner’s Safety Manager upon request. Contractor must
provide personal protective equipment and adequate safety training to
all of its employees.
4.5(e)(3) Contractor must immediately notify Owner of any incident which causes
personal injury, or environmental or property damage, and must
cooperate fully with Owner’s Risk Management Department.
4.5(e)(4) Contractor is responsible for ensuring that all vehicles used or required
for the performance of the Work, including ANY vehicle brought on Site
by Contractor, any subcontractor or any of their respective employees,
suppliers or others for whom Contractor is responsible be in safe
operating condition and registered and insured as required by state law.
4.5(e)(5) Contractor accepts sole responsibility for providing a safe work place for
its and its subcontractors’ employees, suppliers and others for whom
Contractor is responsible, including without limitation safety training and
the adequacy, and required use, of all safety equipment. Contractor
must pay any fine imposed on Owner as a result of Contractor’s
violation of Applicable Requirements. In the case of Contractor’s failure
to maintain a safe work area, Owner may (but is not required to) correct
the dangerous condition at Contractor’s cost.
4.5(f) Storage On Site.
4.5(f)(1) Owner’s Authorized Representative may, within its sole discretion,
permit Contractor to store materials, tools or equipment on the Site.
Contractor must strive to minimize the length of time that materials are
stored at the Site, and must coordinate with Owner’s Authorized
Representative to ensure prompt installation of stored materials.
4.5(f)(2) Contractor is solely responsible for materials, tools and equipment
stored at the Site. In the event of loss or damage, Contractor must
proceed promptly to make repairs to or to replace the lost or damaged
items at Contractor’s cost. Contractor waives all rights of indemnity it
might have for loss or damage to materials, tools or equipment stored at
the Site caused by Owner’s passive negligence.
4.5(f)(3) Owner will not provide any utilities for storage facilities. Contractor must
maintain permitted storage areas in a neat, safe and sanitary condition
and in compliance with all Applicable Requirements. By written notice
to Contractor, Owner may revoke Contractor’s use of any permitted
storage area at any time. In such event, Contractor must remove all
materials, tools, equipment, goods and facilities and restore the area to
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its original condition within three (3) days after delivery of the removal
notice.
4.5(g) Hazardous Substances.
4.5(g)(1) For purposes of this Master Agreement, “Hazardous Substance”
includes, but is not limited to, substances defined as hazardous
substances, hazardous wastes, hazardous materials, toxic substances,
or terms of similar import as defined in the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as
amended, the Resource Conservation and Recovery Act of 1976, the
Super Fund Amendments and Reauthorization Act of 1986, the Toxic
Substances Control Act of 1976, or any other federal, state or local law,
statute, rule or regulation pertaining to the protection of the environment
or the health and safety of persons and property.
4.5(g)(2) Contractor must use and store on the Site only the minimum quantities
of any Hazardous Substance required for the Work. Contractor must
fully comply with all Applicable Requirements regarding the use, storage
and disposal of any Hazardous Substance, and must notify Owner and
other contractors on the Site if Contractor intends to use any Hazardous
Substance. Contractor must promptly cleanup and remove, by
approved methods, any Hazardous Substance spilled or otherwise
released onto the Site, the ground water under the Site or the air above
the Site, by Contractor or others for whom Contractor is responsible.
4.5(g)(3) Upon request, Contractor must promptly provide Owner and any other
affected parties with a Materials Safety Data Sheets (“MSDS”), and any
other requested information, pertaining to any Hazardous Substance
Contractor uses or intends to use on the Site.
4.5(g)(4) If Contractor encounters any Hazardous Substance on the Site it must
immediately notify Owner’s Authorized Representative and cease work
in the affected area until otherwise instructed by Owner and must follow
all directions of Owner with regard to the Hazardous Substance and
communication with third parties regarding the Hazardous Substance.
4.5(h) Protection of Property.
4.5(h)(1) Contractor must perform the Work in such a manner that it will not
injure, delay or damage any other work performed by Owner or any
other contractor. Contractor must take all precautions necessary to
protect all work installed by others and any public improvements,
including, without limitation stall barns, fences, driveways, sidewalks,
graded lots, curbs, and gutters. Vehicles may not be parked in
driveways, sidewalks or graded lots except to load or unload materials.
4.5(h)(2) In the event that Contractor, its subcontractors, suppliers or others for
whom it is responsible cause damage to other work or property,
Contractor will bear the costs for correction or repair.
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4.5(h)(3) Contractor must follow all orders of Owner’s Authorized Representative
with regard to access to the Site and parking and must enter and leave
the Site as directed by Owner’s Authorized Representative. It is
Contractor’s responsibility to prevent infringement of the rights of
enjoyment of adjacent property owners. Contractor acknowledges that
it has been specifically instructed to confine all activities to the Site,
unless it receives prior written permission from both Owner and the
owner of the other property Contractor intends to use.
4.5(i) Emergencies. In any emergency affecting the safety of persons or property,
Contractor must take immediate action to prevent or alleviate threatened
damage, injury or loss. Contractor must provide Owner with a twenty-four (24)
hour emergency phone number at which Contractor can be reached during non-
work hours. If Contractor cannot be reached when called, Owner will take all
necessary actions to protect life and property, at Contractor’s cost if Contractor is
responsible. Contractor’s warranties will remain in effect under all conditions and
will not be affected by the work of others during an emergency.
4.5(j) Dust and Erosion Control For Off-Site Construction. If Contractor is
performing Work under a Contract for Off-Site Construction, then the following
provisions apply:
4.5(j)(1) At all times during construction and until the Completion of Work,
Contractor must prevent the formation of any air borne dust nuisance by
use of appropriate methods which confine dust particles to the
immediate surface of the Site. Contractor must provide its own labor,
material and equipment for this dust control work. Dust control must
conform to all Applicable Requirements. Contractor must pay any fine
imposed on Owner as a result of Contractor’s violation of any dust
control standards, regulations or requirements and will also bear any
and all costs to Owner (including construction delays) caused by
Contractor’s failure to comply with the terms of the paragraph.
4.5(j)(2) At all times during construction and until the Completion of Work,
Contractor must prevent erosion of dirt from any and all water sources.
Erosion control must conform to all Applicable Requirements.
Contractor must provide its own labor, material and equipment for this
erosion control work. It is Contractor’s sole responsibility to protect the
Work during inclement weather and to repair the Work if damaged
following inclement weather at Contractor’s expense until the
Completion of Work. Contractor must pay any fine imposed on Owner
as a result of Contractor’s violation of any erosion control standards,
regulations or requirements and will also bear any and all costs to
Owner (including construction delays) caused by Contractor’s failure to
comply with the terms of this paragraph. Contractor is responsible for all
damages to adjacent properties or improvements as a result of
Contractor’s failure to control water or erosion.
4.5(j)(3) If Contractor fails to provide adequate dust or erosion control, Owner
may suspend the Work, in whole or in part, until Contractor provides
adequate dust or erosion control or Owner may provide dust and
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erosion control at Contractor’s sole cost and expense. Contractor will
perform the Work to avoid interference with any and all dust and erosion
control measures of Owner or other contractors. Contractor will be
responsible for any such interference and will pay all costs, fines or
assessments associated therewith.
4.5(k)`Protection of Dust and Erosion Control For On-Site Construction. If
Contractor is performing Work under a Contract for On-Site Construction, then
the following provisions apply:
4.5(k)(1) Contractor will perform its onsite Work to avoid interference with any
and all Dust and Erosion Control measures of Owner or other
contractors or to cause violations of any and all Applicable
Requirements for Dust and Erosion Control. Failure of Contractor to
comply with this provision may result in Contractor being responsible for
the payment of any resulting fines or assessments against Owner or
other contractors.
4.5(l)`Storm Water Management Plan. The Project is being developed in accordance
with a Storm Water Management Plan (“SWMP”) as required by the Colorado
Department of Public Health and Environment. The SWMP imposes
requirements for the design, implementation and maintenance of Best
Management Practices (“BMPs”) to eliminate and/or mitigate all prohibited
discharges into storm drains during and after construction of the Project.
Contractor will be subject to the SWMP and all BMPs established pursuant to the
SWMP. All activities undertaken by Contractor or Contractor’s agents,
employees, sub-contractors or representatives or others for whom Contractor is
responsible, with respect to the Work must comply with the SWMP and BMPs.
The requirements of the BMPs include, but are not limited to, preventing run-off
of soil, sand, sediment, oil, gasoline or other hydrocarbons, paint, fertilizers, pool
chemicals, other household chemicals and other debris into the storm drains
located in the Project. The SWMP affirmatively obligates Contractor to take
immediate corrective action whenever there is a violation of the BMPs as to the
Work. Penalties include significant fines that will be imposed against Contractor
for violation of the SWMP or BMPs. Any violation of the SWMP or BMPs
attributable to Contractor shall be the sole responsibility of Contractor, including
the obligation to pay any and all fines assessed against Contractor, Owner or the
Project attributable to Contractor’s violation.
4.6 Site Conditions.
4.6(a) Verification of Existing Conditions and Warranty.
4.6(a)(1) Prior to beginning the Work, Contractor will carefully examine the Site,
all previous work, all adjacent areas that may be affected by the Work,
and all Contract Documents (where applicable) and fully satisfy itself as
to the nature and location of the Work and fully acquaint itself with all
conditions, including subsurface conditions, which in any manner may
affect the Work.
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4.6(a)(2) Contractor assumes the risk of any variances between the actual
conditions and the conditions shown or indicated in the Contract
Documents, to the extent Contractor knows or should have known of
such actual conditions, unless Contractor provides written notification to
Owner prior to start of the Work. In all cases where dimensions are
governed by field conditions that are already established, Contractor
has full responsibility for correct knowledge of the actual conditions.
4.6(a)(3) If Contractor deems that surfaces or work to which it’s Work is to be
applied or affixed are unsatisfactory or unsuitable, written notification of
said condition(s) must be given immediately to Owner. By
commencement of the Work, Contractor warrants that all related,
adjacent or dependent work and materials are acceptable.
Contractor is responsible to Owner for all damage or delay in
connection with any failure of the Work due to defects or damages in
the underlying surface of the Site or previous work by others.
4.6(b) Lines and Grades. If necessary, Owner will provide Contractor with base
control points within fifty (50) feet of property lines, and with other lines,
benchmarks and reference lines. Contractor acknowledges that as part of its
Site inspection, it must verify the extent of such reference points to be supplied
by Owner for Contractor’s Work. If reference points are missing or Contractor
finds the points inadequate, Contractor must immediately provide written
notification to Owner. Absent written notification, Contractor assumes full
responsibility for the accuracy of all lines, levels, and measurements and their
relation to benchmarks, property lines, and reference lines. In all cases where
dimensions are governed by conditions already established before Contractor
starts the Work, Contractor has full responsibility for correct knowledge of the
actual conditions. No variation from specified lines or grades may be made
except on the written direction of Owner’s Authorized Representative. Contractor
will bear all costs for correction and associated delay in connection with line or
grade deviations unless Contractor can establish that the Engineer’s staking was
in error, and the error caused the need for corrective work.
4.6(c) Underground Lines. Contractor is solely responsible to contact the “U.S.A.”
Utility Location Service at 1-800-642-2444 for a staked location of all
underground utilities prior to starting the Work, if necessary. Contractor is solely
responsible for all costs for correction and associated delay in connection with
repair of all utilities, marked or unmarked, damaged by it during performance of
the Work.
4.6(d) Archaeological Monitoring. There may be archaeologically sensitive zones on
the Site. Archaeological monitors may be present on the Site on a full or part
time basis. In the event archaeological artifacts are discovered during
performance of the Work, the appropriate governmental agency has and retains
all right, title and interest to such artifacts and has the right to perform
archaeological excavations as deemed necessary. In the event of
archaeological examination and related delays of the Work, Contractor will be
entitled to an extension of time to complete the Work, subject to Section 4.9.
However, Contractor has no claim for damages or compensation for the delay.
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4.7 Subcontractors and Suppliers.
4.7(a) List of Subcontractors and Suppliers. Contractor must provide Owner with a
list of the names and addresses of all subcontractors and suppliers who are to
perform work for and or supply materials to Contractor in connection with the
Work. All subcontractors over 5% of the bid total must be listed. Contractor must
not make any substitution or addition to the list without first notifying Owner in
writing. Contractor is solely responsible to Owner for the performance of its
subcontractors and suppliers and their compliance with Applicable
Requirements, and the Contract Documents.
4.7(b) Payment of Bills. Contractor must timely pay for all labor, materials, equipment,
transportation, and services, including applicable taxes, ordered for or used in
the Work by Contractor. If Contractor fails to make any payment, Owner has the
right, but not the obligation, to make payment directly to any of Contractor’s
laborers, subcontractors or suppliers or for the account of Contractor and to
deduct the amount of the payment from any amounts due and owing to
Contractor. If the funds payable to the Contractor are not sufficient to cover this
amount, Contractor must promptly pay the difference to Owner on demand.
4.7(c) Liens. Contractor must not allow any claim of lien or statutory withholding notice
to be recorded against the Site or served against Owner and must provide to
Owner, on demand, satisfactory evidence of any payment in dispute. If any lien,
notice, claim of lien or any attachment is recorded in connection with the Work,
Contractor must cause such lien or attachment to be removed. In the event
Contractor fails to have any lien or attachment removed within fifteen (15) days
after Owner’s demand, Owner may take whatever actions it deems necessary in
order to remove such lien or attachment, at Contractor’s cost (including
attorney’s fees and costs incurred by Owner).
4.7(d) Materials and Alternatives. If any items specified in the Contract Documents
are discontinued, unavailable, or if Contractor desires to use a suitable
alternative, Contractor must notify Owner in writing as soon as possible and must
submit a list of alternatives with all necessary information pertaining to
specifications, applications, characteristics, warranties, and costs. Owner’s
written approval is required prior to installation of any alternative.
4.8 Labor Relations.
4.8(a) Independent Contractor. Contractor is an independent contractor and is solely
responsible for payment of all federal and state taxes and insurance and
contributions for social security and unemployment taxes, which are based on
the wages, salaries or other compensation paid by Contractor to its employees.
4.8(b) No Illegal Aliens. Contractor must employ, and must cause its subcontractors
to employ, only American citizens or non-citizens with legal United States work
authorizations and at all times must obey all Applicable Requirements
concerning the employment of persons at the Site, including without limitation the
requirements of the Immigration Reform and Control Act of 1986 and the
Immigration and Naturalization Service’s rules and regulations.
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4.8(c) Employment and Labor Regulations.
4.8(c)(1) Contractor must comply with all Applicable Requirements concerning
equal opportunity employment and warrants that it and its
subcontractors and suppliers are equal opportunity employers.
4.8(c)(2) Contractor recognizes that in the performance of the Work, it may be
necessary to work side by side with other contractors on the Site who
may, or may not, be signatories to collective bargaining agreements
with labor organizations. Owner reserves the right to establish a “two
gate” system at any time during performance of the Work. Contractor
will not be relieved of its obligations to supply sufficient, properly skilled
workers to perform the Work without delay or interruption as a result of
any labor dispute between Contractor, or any of its subcontractors or
suppliers, and their respective employees. Contractor will not be
entitled to any adjustment to the Contract Price and must pay any
increased costs as a result of any labor dispute involving its own forces
or the forces of its subcontractors or suppliers. However, Contractor will
be entitled to all direct out-of-pocket expenses reasonably incurred and
may seek an extension of time as a result of a strike affecting a trade or
product generally, as agreed upon by Contractor and Owner’s
Purchasing Department. Contractor represents and warrants, and will
provide evidence upon Owner’s request, that neither it nor any of its
subcontractors or suppliers is delinquent in making payments or reports
to any union fringe benefit trust fund or appears on any delinquency list
published by any union fringe benefit trust fund.
4.9 Time of Performance.
4.9(a) Sequencing and Schedule of Project. Contractor acknowledges that Owner has
complete control over the timing and sequence of the Project. Owner’s
Authorized Representative will provide a Construction Schedule to Contractor.
The Construction Schedule will set forth the start date for the Work as well as the
date for the Completion of Work and any intermediate milestones. The
Construction Schedule is to provide Owner and Contractor with a general
framework of the time for Contractor’s performance. The actual schedule will
depend on a number of factors such as weather, market conditions and other
matters in the discretion of Owner, and Contractor must not proceed with any
part of the Work ahead of time designated by Owner without prior written
authorization. Owner reserves the right to provide an updated or amended
Construction Schedule at any time and Contractor must immediately proceed in
accordance with the amended Construction Schedule. Contractor must
coordinate its Work with any other contractors so there will be no interference
with work of others.
4.9(b) Sequencing of Work. Contractor acknowledges it is responsible to perform all
elements of the Work in the proper sequence and the Work in the proper
sequence with work of other contractors. Contractor will not proceed with work
out of sequence without providing written notification to Owner.
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4.9(c) Timely Completion of Work. Contractor must complete the Work in a prompt
and diligent manner and achieve the Completion of Work in accordance with the
time designated in the Construction Schedule. Contractor acknowledges that
failure to meet the Construction Schedule is a material breach of the Contract. If
Contractor is behind in the Work or if any portion of the Work is not commenced,
performed, finished and delivered at the time established by Owner, Owner may
direct Contractor, on forty-eight (48) hours notice, to furnish additional labor and
expedite deliveries of material and equipment, at Contractor’s cost. If additional
labor is not available, Owner may require Contractor to work overtime or
additional shifts (and/or weekends and holidays) to such an extent as will be
sufficient to achieve the Completion of Work or any portion of the Work in
accordance with the Construction Schedule, all at Contractor’s cost.
4.9(d) Mandatory Overtime. In order to expedite completion of the Project or the
Work, Owner may direct Contractor to work overtime. Contractor must work
overtime as directed by Owner and, so long as the overtime was not caused by
the delay of Contractor, its subcontractors, suppliers or others for whom it is
responsible, Owner will pay the actual extra cost of overtime over Contractor’s
normal labor rates. Contractor must not mark-up such costs for overhead or
profit. Time slips covering overtime must be checked and approved daily by
Owner’s Authorized Representative.
4.9(e) Remedies for Delay. Contractor is not entitled to recover from Owner any
additional compensation or impact or other damages on account of any delay or
disruption to work flow, whether caused in whole or in part by Owner or others.
Contractor’s sole remedy for such delay will be an extension of time to perform,
which will be subject to Owner’s written approval. Contractor must make any
request for an extension of time within three (3) calendar days of the event giving
rise to the request. The request must be in writing and reasonably detailed,
including without limitation specifying the cause of the delay and the anticipated
number of delay days. Contractor’s failure to timely deliver a request constitutes
conclusive and no rebuttable evidence that no time extension is due.
Section 5. CHANGES TO WORK
5.1 Owner’s Right to Change Work. During the course of the Work, Owner may make
changes to the scope of the Work, including additions to and deletions from the scope of
the Work. Owner will request a Change Order from Contractor for each change. Owner
may also authorize an extension or shorten the time required to perform the Work, and/or
change the Work as described in the Scope of Work, by requesting a Change Order from
the Contractor or by issuing a FPO to the Contractor describing the Work. Work
performed under a Change Order, FPO, or TMA is subject to all of the terms and
conditions of the Contract Documents.
5.2 Contractor’s Compensation for Change Order.
5.2(a) Mutually Agreed Upon Change. If a Change Order increases or decreases
the scope of the Work, then the Contract Price will be adjusted accordingly as
mutually agreed upon by the parties. All mutually accepted changes to the Work
and the Contract Price will be fully set forth in a written Change Order signed by
both parties.
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5.2(b) Proceeding Without Agreement. If the parties cannot agree within five (5)
Business Days after Owner delivers the proposed Change Order as to whether
any particular work is a change to the Work, or should result in adjustment to the
Contract Price, or the amount of the adjustment, Contractor must nonetheless
timely perform the alleged changed or extra work, if directed to do so in writing
by Owner’s Authorized Representative. If Contractor believes that the Contract
Price must be increased because of the changed or extra work, Contractor must
submit a written “Notice of Intent to File Claim for Additional Compensation.”
within five (5) Business Days after Owner’s Authorized Representative delivers
written direction to proceed with the changed or extra Work. Contractor’s Notice
must reasonably describe the basis for the requested adjustment to the Contract
Price. Contractor must keep and submit to Owner on a daily basis a complete
breakdown of all costs incurred for the extra Work, including a labor breakdown
by name of person, hours worked, and task performed for each worker
performing the extra Work as well as a similar breakdown for all equipment used
and copies of all invoices and delivery tickets for materials used.
5.2(c) Requirement of Notice. Contractor’s failure to timely deliver a “Notice of Intent
to File a Claim for Additional Compensation”, or maintain and deliver an accurate
cost breakdown and supporting documentation, constitutes conclusive and no
rebuttable evidence that no changed or extra Work was performed and that no
payment for the alleged changed or extra Work is due to Contractor. No notice
by Contractor or Owner is required if the change will result in a reduction in the
Contract Price.
5.2(d) Calculation of Price Adjustment. In the absence of agreement as to the
amount of the Contract Price adjustment to be made for any changed or extra
Work, the increase or decrease to the Contract Price will be determined on the
basis of: (1) unit prices, if any, set forth in the Master Agreement, unless
calculating the adjustment in this manner would be inequitable; (2) Direct Costs
plus a mark-up, (any increase or decrease in Direct Costs, as defined in the
Master Agreement, plus or minus a mark-up of not more than fifteen percent
(15%) for Work performed directly by Contractor and an aggregate of five
percent (5%) for Work performed by all tiers of subcontractors, for an aggregate
mark-up not to exceed twenty percent (20%)); or (3) the stated price, if the item
of Work is separately priced in the Master Agreement. Labor rates in connection
with any change are those set forth in the Master Agreement. In any case,
Contractor will deliver to Owner information reasonably acceptable to Owner
substantiating the claimed adjustment.
5.3 Requirement of Writing. The scope of Work, Construction Schedule and Contract Price
may be changed only by a written Change Order, or FPO signed by Owner. This
requirement is of the essence of the Contract Documents. Accordingly, no course of
conduct or dealings between the parties, nor express or implied acceptance of alterations
or additions to the Work, and no claim that Owner has been unjustly enriched by any
change in the Work, whether or not there is in fact any unjust enrichment, will be the basis
for any claim for an increase in the Contract Price.
5.4 Contractor’s Compensation for Field Purchase Order (FPO). Contractor will be
compensated for any work performed pursuant to the terms and in the amount set forth in
the FPO.
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Section 6. PAYMENTS
6.1 Contract Price. Contractor must perform the Work for the Contract Price set forth in the
Contract. The Contract Price covers all costs, foreseen or unforeseen, incurred or to be
incurred by Contractor to perform and complete the Work, including without limitation, all
applicable labor, materials, payments to subcontractors or suppliers, rental charges,
sales, use and other similar taxes, multiple move-ins, communication and copying costs,
insurance premiums, taxes, applicable permit fees, testing fees, royalty and license fees,
utility charges, guaranties and maintenance bonds required by the Contract Documents,
as well as Contractor profit and overhead.
6.2 Changes to Contract Price.
6.2(a) Requested Price Change. If Contractor experiences a change in its cost to
complete the Work, Contractor may propose a price increase or decrease to
Owner on sixty (60) days’ prior written notice. Contractor must justify any
requested price increase with adequate documentation demonstrating an
increase in Contractor’s price for labor, materials, supplies, overhead or
equipment necessary for completion of the Work. Owner has the sole discretion
to accept, reject or modify Contractor’s proposed adjustment.
6.2(b) Price Change Procedure. If after a review of Contractor’s proposed adjustment
and documentation Owner approves a price change, a written Change Order will
be issued and executed by Owner and Contractor setting forth the new agreed-
upon Contract Price. Any adjustment under this Section will apply only to Work
to be performed on the project that is begun after the date the Change Order is
fully executed. Contractor must complete all Work on the project that was
started prior to the date a Change Order is fully executed at the agreed upon
Contract Price in effect prior to that date or in a prior Change Order.
6.2(c) Termination of Contract. If Owner and Contractor cannot reach agreement on
a new Contract Price, Owner may terminate the Contract, and may terminate this
Master Agreement as well, under Section 10.2. Any and all Work not completed
on the project that was started prior to the date of termination will continue to be
governed by the Contract Documents as if the Contract and/or Master
Agreement had not been terminated.
6.3 Payment Terms.
6.3(a) Payment Procedure. Unless otherwise specified in the Contract, Owner will pay
Contractor, within thirty (30) days after the date of the receipt of an invoice,
accompanied by either a Payment Request Form or a FPO, depending on which
payment method applies to the applicable Contract, meeting the criteria set forth
in Section 6.4, of the amount which Owner’s Authorized Representative
reasonably determines to be due to Contractor under Contracts. Owner may pay
any or all billings by joint check, as necessary to protect Owner.
6.3(b) Unit Prices. Where the Contract Price is determined based on unit prices,
Contractor must keep complete and accurate records of the quantities of all Work
performed according to the Bid Forms submitted by the Contractor.
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6.3(c) Partial and Final Payment. Owner will make final payment to Contractor of the
balance due to it under the Contract thirty (30) days after receipt of Contractor’s
final invoice following the Completion of Work and after receipt of documentation,
as defined in Section 4.4(b) of this Master Agreement. No partial payment to
Contractor will operate as approval and/or acceptance of Work done or materials
furnished. Any partial payment or payments made by Owner to Contractor will
be subject to final audit and adjustment and Contractor must reimburse Owner in
the event there is any overpayment. The acceptance by Contractor of final
payment constitutes a release by Contractor in favor of Owner and its surety of
any claims and/ or liens against Owner and Owner’s property in any way arising
under or by virtue of the Contract Documents, except for written claims in stated
amounts submitted to Owner prior to final payment.
6.3(d) Condition Precedent to Payment. As a condition precedent to any payment
becoming due, Contractor must previously have provided to Owner: (1) the
certificates of insurance (or policies) required under this Master Agreement;
(2) Contractor’s employer tax identification numbers and any business licenses
that apply to the Work; and (3) evidence of payment to and/or lien waivers and
releases from laborers, any applicable union trust fund, subcontractors,
suppliers, and others with respect to labor, materials and services furnished to
Contractor for the Work, all in a form satisfactory to Owner.
6.4 Billing.
6.4(a) Billing Procedures. For Contracts being administered without using Auto
Voucher Procedures, invoices must meet the following criteria:
(1) Each invoice must show the following and be accompanied by a
Payment Authorization Form:
Project Name
Project Number
Contract Number or FPO Number
Change Order number, if applicable
Pay item number, description of item or draw breakdown invoiced
and dollar amount (percentage only will not be accepted).
Name of Owner’s Authorized Representative
(2) Necessary lien releases, on Owner’s standard forms with original
signatures, invoice numbers, phase numbers from Contractor and all
subcontractors and suppliers.
(3) Final draw or retention, if applicable, will be billed separately, thirty (30)
days after the Completion of Work and receipt of documentation, as
defined in Section 4.4(b) of this Master Agreement.
(4) All invoices must be submitted for payment no more than ninety (90)
days after Completion of Work. No invoices will be paid that are
received by Owner more than ninety (90) days after the Completion of
Work.
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(5) Contractor’s certification that (1) all information contained in the invoice
is true and correct, (2) Contractor is not aware of any basis for the filing
of any mechanic’s lien, materialmens’ liens, stop notices, security
interests or other liens in connection with the Work and (3) all due and
payable bills have been paid to date, or will be paid with the proceeds of
the invoice.
6.5 Payment Offset Rights (“Back Charges”).
6.5(a) Right to Withhold Payment. Owner has the right, but is not required, to deduct
from any amounts due to Contractor an amount sufficient to completely protect
Owner against any and all Losses arising from Contractor’s breach of this Master
Agreement or the Contract, including without limitation the following: (1) defective
work not remedied in a timely fashion; (2) the assertion by third parties of any
claim or lien against Owner or its surety or the Site arising out of Contractor’s
performance of the Work, including claims covered by insurance until the claims
are accepted without a reservation of rights by the Contractor’s insurer;
(3) unsatisfactory progress by Contractor; (4) failure by Contractor to diligently
perform punch-list, clean-up, or warranty work; and (5) damage caused by
Contractor to the work or property of Owner or other contractors.
If Owner exercises this right in good faith, Contractor is not entitled to any
interest whatsoever on the money so withheld regardless of the resolution of the
dispute. When the cause for any withholding has been remedied by the
Contractor to the Owner’s reasonable satisfaction, the amount of such
withholding will be paid.
6.5(b) Offset Against Any Contract. Owner may offset against any payment
otherwise due Contractor any sum due from Contractor as a result of a breach of
the Contract Documents or any other agreement, which Contractor has or did
have with Owner.
6.5(c) Payment by Contractor. If there are no sums due to Owner from Contractor, or
the sums are insufficient to cover the amounts owed by Contractor to Owner,
Owner will invoice Contractor for the amount due and Contractor must submit
payment within thirty (30) days. Interest will accrue at the highest rate permitted
by law on any amount not paid in thirty (30) days.
6.5(d) Books and Records. Contractor must maintain full and accurate records and
books of account necessary to document: (a) All activities undertaken by or on
behalf of Contractor in the course of the Work including without limitation all
testing, sampling and other work performed by Contractor, its agents and
subcontractors; and (b) except for work for which compensation is entirely on a
fixed price basis, all charges, expenses and disbursements paid or incurred by
Contractor, its agents and subcontractors in performing the Work. Books of
account must be kept in accordance with generally accepted accounting
principles consistently applied or in another auditable form agreed to by Owner in
advance and in writing. Contractor must make all such books and records
available to Owner for inspection and copying upon request during normal
business hours for a period of at least five (5) years after the Completion of Work
under each Contract.
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Section 7. WARRANTY
7.1 Requirement of Quality. Contractor warrants to Owner that (a) all materials and
equipment furnished by Contractor are new (unless otherwise specified in the Contract
Documents) and of good quality, (b) the Work is of first-class workmanship and free from
defects and (c) the Work conforms with Applicable Requirements, the Contract
Documents, where applicable. Any portion of the Work not conforming to these
standards, including any substitutions not properly authorized, is deemed defective.
7.2 Two Year Warranty. Contractor guarantees all materials and workmanship for a period
of two (2) years from the Completion of the Work as directed in the Contract. The warranty
period for any corrected portion of the Work will be extended until one (1) year after each
correction. This special two-year warranty is in addition to other contractual, implied and
statutory warranties. Nothing contained herein will be deemed to limit Contractor’s liability
for latent or patent defects or any statutory or implied warranties and it has no relationship
to the time within which other obligations of Contractor under the Contract Documents
may be enforced.
7.3 Correction of Work. As between Owner and Contractor, if any portion of the Work is
found to be defective (a) prior to the Completion of Work or (b) during the warranty period,
or such longer period of time as may be prescribed by the Contract Documents or
Applicable Requirements, then Contractor must promptly repair or replace it to Owner’s
satisfaction. Contractor must perform all necessary corrections within the shortest time
possible, and must use overtime help and time saving procedures as Owner may require.
If Contractor fails to initiate proper corrective action within twenty-four (24) hours after
notice from Owner, fails to keep a confirmed appointment with Owner or Owner’s
customer, or in the event of an emergency, the problem may be corrected by Owner, at
Contractor’s cost.
7.4 Cost of Corrections. Contractor is responsible for all costs arising out of defective Work,
including without limitation all costs of detection, correction or delay, Owner’s personnel
and other costs allocable to troubleshooting, administration and the like, re-testing and
reinspection costs, any consequential or other damages suffered by Owner and the cost
of repairing or replacing all other work adversely affected.
7.5 Trained Warranty Personnel. Contractor warrants that it has employees trained or will
train employees to perform warranty work. Contractor must provide specific warranty
training as directed by Owner, and must provide Owner with a current list of these
warranty service providers upon request. Contractor will dispatch ONLY such specially
trained individuals to repair or replace Work found to be defective under the terms of the
above warranty.
7.6 Product Warranties. Contractor shall provide Owner with copies of all product
warranties, which relate to any materials or equipment (collectively referred to as
products) installed by Contractor, including all documentation required to be provided to
Owner pursuant to Section 4.4(b) above.
Section 8. CONTRACTOR’S INDEMNITY
8.1 Defense and Indemnity. Contractor shall defend, indemnify and hold harmless the
Town of Estes Park and its officers, directors, agents, employees, successors and
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assigns (collectively, “Indemnity”) from all losses, claims (including, without limitation,
personal injury, bodily injury, death of persons or damage to property), demands,
allegations, damages, actions, obligations, causes of action, judgments, liabilities, costs
and expenses (including, without limitation, attorneys’ fees, investigation costs,
disbursements and court costs incurred as a result of such claims or in enforcing this
indemnity provision, at trial and on appeal) (collectively, “Indemnity Losses”) arising out of,
in connection with, or resulting from:
(a) Any breach by or default of Contractor under this Agreement, including, without limitation,
the failure of the Work to comply with Contract Documents, deviations in the Work from
any plans or specifications provided by Owner; and/or defects in the Work;
(b) Any alleged or actual infringement or violation of any trademark, patent, copyright, unfair
trade or other intellectual property rights arising in connection with the Work, except
where Owner specifies a particular process or product of a particular manufacturer and
Contractor does not know, and reasonably should not know, of any infringement or
violation;
(c) The injury or death of any person (including Contractor’s and its subcontractors’ and
suppliers’ officers, directors, agents or employees) or damage to property of any kind
(including loss of use) arising out of or in any way connected with any of the following acts
or omissions by Contractor, its subcontractors, suppliers or others under the control of
Contractor or for whom Contractor is responsible:
i. Any willful misconduct or other intentionally wrongful acts;
ii. Any acts or omissions giving rise to punitive damages;
iii. Any acts or omissions in connection with ownership, maintenance, use (including
transport of mobile equipment) or loan to others of aircraft, automobiles or
watercraft owned or operated by or leased or loaned to Contractor, its
subcontractors or suppliers or others under the control of Contractor or for whom
Contractor is responsible; or
iv. Any negligent act, error or omission of Contractor, its subcontractors, suppliers or
others under the control of Contractor or for whom Contractor is responsible in
connection with the Project, including, without limitation, the negligent
performance of, or errors or omissions in, the performance or non-performance
of the Work.
The defense and indemnity obligations in Section 8.1 will apply regardless of whether the
event giving rise to the defense and indemnity obligation is caused in part by the
negligence (passive or active), breach of warranty or strict liability of Owner, its architect,
engineer, or any Indemnity, but will not apply as to Owner or a particular Indemnity if the
Loss is caused solely by the negligence or willful misconduct of Owner or that Indemnity,
respectively, or solely by defects in designs furnished by Owner. Contractor’s obligation
to indemnify under this Section 8 is independent from and in addition to Contractor’s duty
to defend.
8.2 Subcontracts. Contractor shall incorporate the provisions of this Section 8 in written
contracts with its subcontractors and suppliers.
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8.3 Survival. The provisions of this Section 8 shall survive the Completion of Work and the
expiration or earlier termination of this Master Agreement and/or the Contract.
Section 9. INSURANCE AND BONDS
9.1 Business Auto Liability Insurance and Workers Compensation and Employer’s
Liability Insurance
9.1(a) Business Auto Liability Insurance. Contractor and subcontractors must
secure and maintain at their own cost Business Auto Liability Insurance in the
amount of $1,000,000 each occurrence combined single limit for bodily injury
and/or property damage liability, including coverage for:
(a) Owned automobiles.
(b) Hired or borrowed automobiles.
(c) Non-owned automobiles.
Contractor must provide a Certificate of Insurance to Owner evidencing such coverage
prior to commencing the Work. The Certificate must include endorsements (1) naming
Owner, the owner of the Project, and such additional parties as Owner reasonably
designates, as additional insureds and (2) providing thirty (30) days’ written notice to
Owner in the event of cancellation or material reduction in coverage, except for non-
payment of premiums for which notice will be ten (10) days.
9.1(b) Worker’s Compensation and Employer’s Liability Insurance. Contractor and
subcontractors must secure and maintain, at their own cost, Worker’s
Compensation and Employer’s Liability Insurance for all operations. Worker’s
Compensation insurance shall include coverage under the U.S. Longshoremen’s
and Harborworker’s Act, if applicable. The Worker’s Compensation insurance
shall be in the form and amount required by applicable statute. The Employer’s
Liability minimum limits are as follows:
(a) $1,000,000 each accident
(b) $1,000,000 each Disease - Policy Limit
(c) $1,000,000 Disease – Each Employee
Contractor and subcontractors must provide a certificate of insurance evidencing
such coverage prior to commencing the work. The Worker’s Compensation
policy must contain endorsements providing (i) waiver of subrogation in favor of
The Town of Estes Park and (ii) 30 days written notice to The Town of Estes
Park in the event of cancellation or reduction in coverage, except for non-
payment of premiums, for which notice must be ten days.
9.2 Certificates. Owner will provide all contractors and subcontractors with appropriate
evidence of insurance. A separate policy will be issued to each contractor and
subcontractor for workers’ compensation and employer’s liability insurance. General
liability insurance will be covered through a master policy. A certificate of insurance will
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be issued to each covered contractor and subcontractor as evidence of the general
liability insurance.
9.3 Contractor’s Responsibilities. Contractors and subcontractors must cooperate with
Owner and Owner’s insurance administrator. Contractor’s and subcontractors’
responsibilities include without limitation timely (a) providing necessary contract,
operations and insurance information, (b) notifying Owner’s insurance administrator of all
subcontracts awarded, (c) maintaining and providing monthly payroll records and other
records as necessary for premium computation, for a period of at least one year after the
Completion of Work (which Owner and insurance companies may audit periodically),
(d) complying with loss control, safety, accident prevention and claims reporting and
handling procedures, and other procedures specified in the insurance manual to be
provided by Owner, (e) maintaining the OSHA 200 Log to be provided monthly to Owner
and (f) notifying their insurance brokers and insurers of the coverage provided and
immediately reporting all new subcontractors to Owner for potential enrollment .
Contractor’s failure to meet the timely reporting requirements to Owner’s insurance
administrator will subject Contractor to paying (as set forth in Section 9.5 below)
premiums estimated by Owner’s insurance administrator that may otherwise exceed costs
determined from timely reports by Contractor. The procedure for Owner’s estimating
Contractor’s premium obligations are as set forth in Owner’s Insurance Manual as may be
adjusted from time to
9.4 INSURANCE
Contractor must secure and maintain, at its own cost, the following insurance coverage
and must provide evidence of such insurance via a certificate of insurance.
9.4(a) Worker’s Compensation and Employer’s Liability Insurance shall be as
specified in Section 9.1(b).
9.4(b) General Liability Insurance shall be on an occurrence basis with minimum
limits as follows:
(a) $1,000,000 – Each Occurrence
(b) $2,000,000 – General Aggregate
General Liability Insurance must include the following coverage:
(i) Independent Contractor’s coverage (liability which Contractor may incur
as a result of the operations, acts or omissions of subcontractors,
suppliers and their agents or employees);
(ii) Blanket Contractual coverage, including both oral and written contracts
and including obligations assumed by Contractor under this Agreement
(including without limitation, coverage to the maximum extent possible
for the indemnification contained in this Agreement);
(iii) Personal injury coverage;
(iv) Broad Form Propety Damage coverage, including completed
operations;
(v) An endorsement naming Owner and such additional parties as Owner
designates as additional insureds. The endorsement must be ISP Form
CG2012 11/85 Edition or its equivalent. The endorsement must cover
the acts of subcontractors or suppliers;
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(vi) An endorsement providing the insurance is primary as respects Owner,
and any insurance maintained by Owner is excess and non-
contributing; and
(vii) An endorsement providing 30 days written notice to Owner in the event
of cancellation or reduction of coverage, except for non-payment of
premiums, for which notice must be ten days.
No endorsement limiting or excluding a standard coverage is permitted.
Claims-made coverage or modified occurrence is not acceptable.
9.4(c) Business Auto Liability Insurance shall be as specified in Section 9.1(a).
9.4(d) Additional Insurance. Other insurance, in an amount as specified by Owner in
any Contract, if required by Owner for a particular Scope of Services.
9.4(e) Insurance Requirements and Limitations.
9.4(e)(1) Certificates and endorsements in a form reasonably acceptable to
Owner demonstrating compliance with the above requirements (or at
Owner’s request) certified copies of the actual policies) must be
delivered to Owner before Contractor performs any Services.
9.4(e)(2) All insurance specified herein or in contract documents to be furnished
by Contractor must be issued by a company or companies, which
maintain a full profile rating from AM Best of at least A-VIII unless
expressly modified in writing by Owner.
9.4(e)(3) Contractor must maintain all of the above insurance coverage in force
until final Completion of Services, or earlier cancellation of this
Agreement or termination of any Contract, except that the Professional
Liability Insurance must be maintained for a period of three years after
said date, and if written on a claims made basis must be retroactive to
the date Services were first rendered under this Agreement.
9.4(e)(4) If Contractor fails to purchase or maintain the insurance herein
specified, Owner will have the right, but not the obligation, to purchase
such insurance on behalf of and at Contractor’s cost. Contractor must
deliver all information required to facilitate Owner’s purchase. If
Contractor’s insurance does not comply with the above requirements,
Town of Estes Park will have the right to charge Contractor any
additional premium charged by Owner’s insurer.
9.4(e)(5) The use of self-insured retentions or deductibles for professional liability
coverage in excess of $50,000 or self-insured retentions or deductibles
in excess of $10,000 for all other coverage required by this Section 9
will not be allowed unless specifically approved by Owner in advance
and in writing. Contractor is fully responsible for payment of any self-
insured retentions or deductibles, regardless of their amount.
9.4(e)(6) The insurance requirements set forth herein will not limit Contractor’s
obligations under this Agreement or any Contract. The requirements
simply represent the minimum amounts of insurance coverage required
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to be maintained by Contractor. Any failure by Owner to enforce any of
these provisions in a timely manner will not act as a waiver of
enforcement of any of the provisions at a later date.
9.4(e)(7) Owner and Contractor waive all rights against each other and
subcontractors, suppliers, agents and employees of each other, for
damages caused by fire or other perils to the extent covered by property
insurance applicable to the Services, but only to the extent that such
insurance policies permit such waiver. Each party will obtain a waiver
of subrogation endorsement to the policies required to be obtained by it,
if applicable.
9.5. Bonds. Prior to the issuance of the Notice to Proceed, Contractor shall furnish to Owner
a Performance Bond and a Payment Bond in the amount of the contract price. The bonds
must be in a form and executed by a corporate surety satisfaction to Owner.
Section 10. TERMINATION
10.1 Termination for Default.
10.1(a) Causes for Termination. Owner, at its option, may terminate Contractor’s right
to further perform under the Contract Documents and complete the performance
of the Work if Contractor breaches a material provision of the Contract
Documents, and such failure or default, if curable, is not corrected within forty-
eight (48) hours after written demand by Owner. A material breach includes,
without limitation, any of the following: (1) Contractor files, or is the subject of, a
petition for bankruptcy, (2) Contractor makes a general assignment for the
benefit of its creditors, (3) a receiver is appointed on account of Contractor’s
insolvency, (4) a writ of execution or attachment or any similar process is issued
or levied against any bank accounts of Contractor, any property or assets of
Contractor being used or required for use in the performance of the Work or any
substantial portion of any other property or assets of Contractor, (5) Contractor
fails to make prompt payment to employees, laborers, subcontractors or
suppliers, (6) Contractor refuses or neglects to supply a sufficient number of
properly skilled workers or a sufficient quantity of material, (7) Contractor fails to
properly and diligently prosecute the Work or (8) Contractor fails to perform the
work in accordance with the Applicable Requirements or the Contract
Documents.
10.1(b) Completion of Balance of Work. If Owner terminates the Contract under
10.1(a), Contractor will not be entitled to receive any further payment under the
Contract Documents until the Completion of Work and expiration of the period in
which any lien may be filed. If the unpaid balance of the Contract Price exceeds
the expense incurred by Owner to finish the Work, any excess remaining, after
deducting any other amounts due Owner under Section 6.5, will be paid to
Contractor. If the expense exceeds the unpaid balance, Contractor must
immediately pay the difference to Owner.
10.1(c) Non-Exclusive Remedy. Owner’s right to terminate Contractor’s right to
perform under this Section 10.1 is in addition to and not in limitation of any other
rights or remedies existing under the Contract Documents, at law or in equity,
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including without limitation the right to recover damages from Contractor. Should
any competent authority with jurisdiction, whether an arbitrator or a court,
determine that Owner’s termination for cause was in error and that Owner was in
breach for so terminating Contractor, the termination will be deemed a
termination for convenience and Contractor’s remedies will be limited to those
provided in Section 10.2.
10.2 Termination for Convenience.
10.2(a) Termination Procedure. At any time and for any or no reason Owner may
terminate: (1) any or all of the Contract(s); and, (2) this Master Agreement for
Owner’s convenience by written notice to Contractor. Unless the notice directs
otherwise, upon receipt of such notice, Contractor must immediately discontinue
the Work and the placing of orders for materials in connection with the Work, and
if requested, must make every reasonable effort to procure cancellation of all
existing orders or subcontracts upon terms satisfactory to Owner, or at Owner’s
option give Owner or Owner’s assignee the right to assume and receive all
benefits to be derived from those obligations directly.
10.2(b) Contractor’s Compensation. Upon termination under this Section 10.2,
Contractor will be entitled, as its sole compensation, to the lesser of: (1) the
actual, verifiable direct costs of the Work completed, plus a markup of fifteen
percent (15%) aggregate, for Contractor and subcontractors and suppliers of all
tiers, on those Costs for all indirect costs, impact costs, field supervision,
administration, overhead and profit, or (2) the percentage of Work completed
multiplied by the Contract Price, minus (in both clauses (1) and (2)) the amount
of any payments made to Contractor prior to the date of termination and any
amounts owed to Owner by Contractor under the Contract Documents.
Contractor will not be entitled to any claim against Owner for unearned
compensation, lost profits, lost opportunities or other damages.
10.3 Suspension. At any time and for any or no reason Owner may suspend the Work for
Owner’s convenience by written notice to Contractor. Upon such suspension, Contractor
will be entitled to compensation as outlined in Section 10.2 above for termination for
convenience. Contractor will not be entitled to recover from Owner, on account of such
suspension, any additional compensation or damages which Contractor incurs as a result
of the suspension and subsequent start-up. If the Work is suspended, and then
recommenced, the time for performance will be extended by the number of days the Work
was actually delayed. If a suspension continues for more than one (1) year, Contractor as
its sole remedy will have the option of terminating the Contract(s) on thirty (30) days’
written notice to Owner.
Section 11. DISPUTE RESOLUTION PROCEDURE
11.1 Disputes. For any and all disputes between The Town of Estes Park and Contractor, the parties
will endeavor to resolve all such disputes through good faith negotiations. If the parties are unable
to negotiate a mutually acceptable resolution, the parties agree to appoint a third party mediator,
whose fees they will split evenly. The parties agree to meet in good faith with the mediator in order
to attempt to resolve the dispute. Pending final resolution of any claim, Contractor will proceed
diligently with performance of the Work (unless Owner directs otherwise in writing) and Owner will
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continue to make payments not the subject of the particular dispute in accordance with this Master
Agreement and any applicable Contracts.
Section 12. CONFIDENTIAL DISCLOSURE
12.1 Information Furnished by Owner. Information and ideas disclosed to Contractor in connection
with the Contract Documents at any time in any form (including without limitation, orally, or in
Plans, Specifications, software or other materials) which Owner considers proprietary and so
indicates to Contractor at the time of disclosure or within a reasonable time after disclosure
(“Proprietary Information”) are entrusted to Contractor only for use on behalf of Owner.
Contractor must keep Proprietary Information in confidence and must neither use (other than in
performance of the Work) nor disclose Proprietary Information except as authorized in writing by
Owner. However, Contractor is not liable for use or disclosure of any Proprietary Information which
is shown by clear and convincing proof to either have been known to Contractor at the time of
receipt from Owner or to be in the public domain.
12.2 Information Developed by Contractor. Information and ideas developed by Contractor under or
in the course of performing the Work are owned by Owner and if Owner so indicates to Contractor,
such information and ideas will be treated as Proprietary Information in accordance with
Section 12.1.
12.3 Ownership and Use of Documents. The Contract Documents are and will remain the property of
Owner. Contractor must return or satisfactorily account for all Contract Documents upon
termination or expiration of the Contract Documents and the Completion of Work.
12.4 Confidentiality. Contractor must not divulge information concerning the Work (including for
example, cost information in applications of permits and approvals) to anyone other than the core
team (consisting of Contractor, Owner and their respective authorized consultants, subcontractors
and suppliers) without Owner’s prior written consent unless the information has been made public
by Owner. Owner reserves the right to release all information as well as to time its release, form
and content. Contractor must ensure that each of its employees, agents, subcontractors and
suppliers, who now or subsequently are assigned to perform the Work, will comply with the
confidentiality obligations set forth in this Section 12. Contractor must include these obligations in
written contracts with agents, suppliers and subcontractors. These requirements will survive
termination or expiration of the Contract Documents and the Completion of Work.
12.5 Requests for Disclosure. In the event any third party, including a governmental agency,
requests verbal or written information from Contractor, Contractor must immediately notify Owner
of such request by telephone, with written confirmation within three (3) days. Contractor must
oppose any request on such grounds as Owner may have, or as directed by Owner, whether by
legal process or otherwise. In such event, Owner will reimburse the reasonable expense of
Contractor’s counsel. In the event the request is before any tribunal, Contractor must advise the
tribunal of the confidential or privileged nature of the data requested. If Contractor is nevertheless
required pursuant to judicial or administrative order to disclose the information, it may do so.
Section 13. MISCELLANEOUS
13.1 Notice. Notices or communications with respect to routine performance and administration of the
Work must be given by such means as may be appropriate to provide adequate communication,
including written confirmation as necessary.
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All other notices, consents, requests, demands or other communications to or upon the respective
parties must be in writing and will be effective for all purposes upon receipt on any Business Day
before 5:00 PM local time and on the next Business Day if received after 5:00 PM or on other than
a Business Day, including without limitation, in the case of (a) personal delivery, (b) delivery by
messenger, express or air courier or similar courier, (c) delivery by United States first class
certified or registered mail, postage prepaid and (d) transmittal by telecopier or facsimile,
addressed to the parties at their respective addresses, as set out in the Contract or, if before any
Contract, at the addresses below the parties’ signatures. A “Business Day” is any day other
than a Saturday, Sunday or federal or state legal holiday.
13.2 No Waiver. Waiver by either party of any breach of this Master Agreement will not constitute a
waiver of any subsequent breach of the same or any other provision.
13.3 Interpretation. The Section numbers are not part of the Master Agreement and may not be used
for any interpretation of the meaning of this Master Agreement. They are supplied solely for
convenience in locating provisions of the Master Agreement.
13.4 Governing Law; Severability. The performance and interpretation of the Contract Documents
is governed by the internal laws of Colorado. If any provision of the Contract Documents is held
to be invalid, in whole or in part, under any applicable federal, state, municipal or other law,
ruling or regulation, then that provision will remain in effect to the extent permitted, and the
remaining provisions will remain in full force and effect.
13.5 No Assignment by Contractor. Contractor may not assign, by operation of law or otherwise,
any of its rights or obligations under the Contract Documents without Owner’s prior written
consent, which may be granted or withheld in Owner’s sole discretion. The making of any
assignment by Contractor, or any consent to it by Owner, will in no event relieve Contractor, or
its surety, of any of its obligations under the Contract Documents. This Section 13.5 does not
apply to the subcontracting by Contractor of a portion of the Work, under the Contract
Documents. Subject to the above, the Contract Documents are binding upon and will inure to
the benefit of the successors and permitted assigns of the parties.
13.6 Independent Contractor. Contractor is an independent contractor, and nothing in the Contract
Documents may be construed to create a principal-agent, partnership, employer-employee or
other relationship between Owner and Contractor. Contractor is solely responsible for directing,
supervising and bearing all costs associated with its officers and employees, including without
limitation (a) payroll taxes and health and other benefits and (b) federal and state taxes and
insurance and contributions for social security and unemployment which are measured by
wages, salaries or other remunerations paid to Contractor’s employees.
13.7 No Third Party Beneficiaries. No provision contained in the Contract Documents creates or
gives to third parties any claim or right of action against Owner or Contractor.
13.8 Fair Construction. The Contract Documents must be construed as a whole in accordance
with their fair meaning.
13.9 Attorneys’ Fees. In any default of the terms and conditions of this Master Agreement, the non-
defaulting party shall be entitled to reasonable attorney’s fees and court costs from the
defaulting party.
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13.10 Early Use By Owner. In its sole discretion, Owner will be permitted to occupy and/or use any
portion of the Work, which has been either partially or fully completed by Contractor before the
Completion of Work. This use or occupancy will not relieve Contractor of its warranty
obligations to make good, at its own expense, any defect in materials, equipment or
workmanship. Contractor will not be responsible for the maintenance of such portion of the
Work as may be used and/or occupied by Owner, or for any damages whose proximate cause
is Owner’s sole negligence or willful misconduct.
13.11 Condition Precedent. A condition precedent to the effectiveness of this Master Agreement is
the execution and delivery of a Contract by Owner.
13.12 Survival. Indemnities, insurance requirements, confidentiality requirements, representations
and warranties, and other provisions which by their nature are intended to continue after the
Completion of Work, will survive expiration or termination of the Contract Documents and the
Completion of Work.
13.13 Integration; Amendments. This Master Agreement contains the entire understanding
between the parties and supersedes any prior written or oral agreements respecting the subject
matter of this Master Agreement. There are no representations, agreements or
understandings, oral or written, between the parties relating to the subject matter of this Master
Agreement, which are not fully expressed in this Master Agreement. No act, usage or custom
will be deemed to amend or modify this Master Agreement. This Master Agreement may not be
modified or amended except in writing signed by the party against whom enforcement is
sought.
The parties have executed this Master Agreement as of the Effective Date.
OWNER: Town of Estes Park
By:______________________________
Authorized Agent
By:
Authorized Agent
Address for Notices:
Town of Estes Park
170 MacGregor Avenue
Estes Park, CO
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CONTRACTOR:
By: __________________________________________________________________________
Name: _______________________________________________________________________
Title: ________________________________________________________________________
Date: ________________________________________________________________________
Address for Notices:
Phone:
Fax:
Emergency Phone:
Contractor’s Tax I.D. No. ______________________
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Town of Estes Park Town Contract
TOWN OF ESTES PARK
CONTRACT AGREEMENT
THIS AGREEMENT is effective as of the day of , 2013 by and between the
Town of Estes Park (TOEP), P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter
called OWNER) and________________________________________ (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Site Civil Work to install infrastructure utilities and concrete walkways for both the
Stanley Park Fairgrounds Multi-Purpose Events Center , and
Stanley Park Fairgrounds Multi-Use Stall Barn
Due to current construction activities for the Multi-Purpose Event Center building and the Multi-Use Stall
Barn building, The Work is to be performed in two phases: Phase I includes installation of all underground
utilities and is to be complete by September 10, 2013. Phase II includes installation of concrete walkways
and surface features and is to be complete by November 27, 2013.
Article 2. PROJECT MANAGER
The Project Manager shall be determined by the TOEP Public Works Department, who is hereinafter called
PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities
and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIMES
Phase I of The Work must be substantially complete by September 10 , 2013. Phase II of The Work
must be substantially complete by November 27 , 2013. Final payment can then be issued in
accordance with the Contract Documents subject to applicable laws regarding final payment.
Article 4. CONTRACTOR PRICE
OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit
prices times the quantities of work actually completed. Unit prices are those shown in the Proposal.
Quantities of work actually completed will be determined by the PROJECT MANAGER.
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Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the Contract Documents.
Applications for Payment will be processed by the PROJECT MANAGER as provided in the
Contract Documents.
5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town’s
Annual Vendor Payment Schedule on account of the Contract Price on the basis of
CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as
provided by the Contract Documents during construction as provided in paragraphs 5.1.1 and 5.2
below.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as PROJECT MANAGER shall
determine, or OWNER may withhold, in accordance with the Contract Documents.
a. Ninety-five percent (95%) of Work completed (with the balance being retainage).
b. Ninety-five percent (95%) with the balance being retainage of materials and
equipment not incorporated in the Work (but delivered, suitably stored and accompanied
by documentation satisfactory to OWNER as provided in the Contract Documents).
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the
Contract Documents, OWNER will publically advertise the Project Completion as required by
Section 38-26-107 C.R.S. Should no claims be filed, the OWNER shall pay the remainder of the
Contract Price as recommended by PROJECT MANAGER as provided in the Contract Documents.
Article 6. INTEREST
Final payment will be made in accordance with the Town’s Annual Vendor Payment Schedule. All
moneys not paid when due as provided in the Contract Documents shall bear interest at the rate of
10% per annum compounded monthly.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including
any Addenda(s)) and the other related data identified in the Bidding Documents including "technical
data".
7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance or furnishing the
Work.
7.3 CONTRACTOR acknowledges it knows, understands, and accepts all plans,
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specifications, and design intent of the Work.
7.4 CONTRACTOR acknowledges it has met with the Project Manager and has been in
correspondence with the Project Manager and has sought and received clarification of all issues
concerning construction and design.
7.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and timely
completion of this project as illustrated by the plans, drawings, and specifications.
7.6 CONTRACTOR understands that it may make on-site layout and grading and construction
modifications to achieve the desired intent. Such modifications/grading changes and layout cost
are already included in the Contract Documents.
7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based
Agreement, either based on: 1) unit prices 2) maximum lump sum amount: totaling $ __________
that shall not be exceeded or increased, except for contract changes allowed, agreed, and
approved in writing.
7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final
product acceptable to OWNER.
7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and
judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to
such damages or claims) to the OWNER or claimed by third parties against the OWNER, arising
directly or indirectly out of CONTRACTOR'S negligent performance of any of the requirements,
provisions, or services furnished under this Agreement.
7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all examinations, investigations, explorations, tests, reports and studies which
pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect
the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary
for the performance of furnishing the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents; and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are
or will be required by the CONTRACTOR for such purposes.
7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing underground facilities at or contiguous to the site and
assumes responsibility for the accurate location of said underground facilities. No additional
examinations, investigations, explorations, tests, reports, studies or similar information or data in
respect of said underground facilities are or will be required by CONTRACTOR in order to perform
and furnish the Work at the Contract Price, within the Contract Time and in accordance with the
other terms and conditions of the Contract Documents, including specifically the provisions of the
Contract Documents.
7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations,
tests, reports, and data with the terms and conditions of the Contract Documents.
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7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the written resolution thereof
by PROJECT MANAGER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work, consisting of the following:
8.1 This Agreement
8.2 Exhibits to this Agreement
8.3 Notice of Award
8.4 Notice to Proceed
8.5 Information for Bidders
8.6 Master Agreement
8.7 Project Manual
8.8 Drawings bearing the title: Stanley Park Fairgrounds Multi-Purpose Events Center
Stanley Park Fairgrounds Multi-Use Stall Barn
8.9 Addenda (s)
8.10 Contractor’s Bid. (Bid Proposal, Bid sheet & Appendix)
8.11 Bid Bond
8.12 Performance & Payment Bond
8.13 Drawing or Plans (including CDOT and Larimer County documents as referenced)
8.14 Technical Specifications and Details.
8.15 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.16 Change Orders (post approval signatures)
8.17 Insurance Certificate, Business License, Tax Certification.
8.18 The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
All Written Amendments and other documents amending, modifying, or supplementing the Contract
Documents.
The documents composing the Contract Documents are made part hereof (except as expressly
noted otherwise above).
Contractor is required to comply with applicable federal, state, and local safety and health laws,
regulations and ordinances.
There are no Contract Documents other than those listed above. The Contract Documents may
only be amended, modified, or supplemented as provided in the Contract Documents.
In case of conflicting provisions, requirements or discrepancies the order of application of the
Contract Documents is as follows:
1. Change Orders for clarification of drawings
2. This Agreement
3. Addenda
4. Drawings
Stanley Fairgrounds Site Work
Town of Estes Park Town Contract
5. Master Agreement
6. Project Manual
Article 9. MISCELLANEOUS
9.1 Reference to the Contract Documents shall include modification thereto by any Supplementary
Conditions issued.
9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3 Except for the intended beneficiaries of any "Payment Bond" executed in conjunction with this
Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of
this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of
OWNER and CONTRACTOR and not for the benefit of any other party.
9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
9.5 In the event of default of any of the provisions of this Agreement by either party which shall require
the party not in default to commence legal actions against the defaulting party, the defaulting party
shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR
shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of
claims filed by suppliers, subcontractors or other parties, against the Retainage held by the
OWNER where the OWNER has paid such sums to the CONTRACTOR.
9.6 The OWNER has appropriated sufficient funds to pay the contract price
9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law
or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
9.8 Colorado Governmental Immunity Act. The parties hereto understand and agree that the TOWN
and its officers, employees, volunteers, and agents are relying on, and do not waive or intend to
waive by any provision of this Agreement, the monetary limitations or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq.,
as from time-to-time amended, or otherwise available by any other provision of law.
Stanley Fairgrounds Site Work
Town of Estes Park Town Contract
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All portions
of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or
identified by PROJECT MANAGER on their behalf.
This Agreement will be effective as provided on the first page hereof.
TOWN OF ESTES PARK
By: ______________________________ By: __________________________
William C. Pinkham
Title: _____________________________ Title: _________________________
(If CONTRACTOR is a corporation
attach evidence of authority to sign.)
Attest: ___________________________ Attest: _______________________
Address for giving notices: Address for giving notices:
170 MacGregor Avenue
P. O. Box 1200
Estes Park, Colorado 80517
970-577-3586
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Date: August 13, 2013
RE: Visitor Center Transit Facility Parking Structure Design Contract
Objective:
The objective is to obtain authorization to enter into an agreement for design services of
the Visitors Center Transit Facility Parking Structure.
Present Situation:
The Town has received grant funding from various Federal and State programs to
construct a transit parking structure directly east of the Visitor Center. The Town has
subsequently obtained environmental approval from the Federal Government to
proceed with construction of the project.
The next step after environmental clearance was advertisement for design services.
The Town has advertised a Request for Proposals and subsequently five proposals
were received in response. After close review of these applications and an interview
process, Walker Parking Consultants was determined to be the most qualified team for
the project design. Staff has negotiated a fee of $619,887.00 dollars for the design and
construction oversight of the project with Walker Parking Consultants.
Proposal:
Staff recommends the negotiated fee is appropriate for the proposed scope of services
and Walker Parking Consultants is the most qualified respondent to the RFP. Staff
therefore recommends the Town enter into a contract with Walker Parking Consultants
for $619,887.00, with a contingency of 10% for the execution of these services.
Advantages:
Advantages include implementation of the next phase of the project as agreed with the
Federal and State Governments to construct a Transit Parking Structure to expand and
increase the efficiencies of transit systems in the Estes Valley and in RMNP. These
efficiencies would result in a better visitor experience and reduce air and water pollution
from reduced traffic congestion.
Disadvantages:
Disadvantages include this sizable structure impacting views along the river. This
structure will be a significant vertical building in Estes Park, where such structures or
architecture are not included in its current urban fabric. The structure will be vacant
during several months unless additional uses can be incorporated.
Action Recommended:
Staff recommends the Town Board approve the contract with Walker Parking
Consultants for $619,887.00. Staff also recommends approval of establishing a design
and construction oversight budget of $681,875.00, which includes a contingency of 10%
in addition to the contract amount.
Budget:
Federal and State grants = $545,500.00
Town of Estes Park = $136,375.00
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 and requests input on the facility design to assure a good
aesthetic project.
Sample Motion:
I move for the approval/denial of establishing a design and construction oversight
budget of $681,875.00. In addition, I move for the approval/denial of entering into an
agreement with Walker Parking Consultants for the negotiated services and fee of
$619,887.00.
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Public Works Department
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered into
this 14th day of August, 2013, by and between the Town of Estes Park, County of Larimer, State of Colorado
(the “Town”) and Walker Parking Consultants, an independent contractor (“Consultant”).
WHEREAS, the Town requires professional engineering services related to the
Estes Park Transit Facility Parking Structure; 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 June 18th, 2013, which is provided as Exhibit A (and the original
PW “Request for Proposal, May 24th, 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.
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
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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. Use of the Work Product for modification or completion of this Project by others or for other projects
shall be at the Town’s sole risk.
D. Consultant shall provide to the Town electronic versions of the Work Product in the format
directed by the Town’s RFP.
III. COMPENSATION AND FINAL SETTLEMENT
A. In consideration for the completion of the Work by Consultant, the Town shall pay Consultant an
amount equal to the firm-fixed price extended in Exhibit A, which is XXXXXXXXXXXXXXXXXXXXXXXXXXXX
($00,000). The amount specified herein shall include the fees and expenses anticipated to be incurred by
Consultant in performing all services hereunder, as described in Exhibit A. The amount specified herein shall
exclude the fees and expenses anticipated to be incurred by others in performing the work described in
Exhibit A, 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.
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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 administration 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 sixty percent (20 60 %) 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.
G. The Consultant certifies, by signing this Agreement, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan, or cooperative
agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in
connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
ESTES PARK TRANSIT PARKING STRUCTURE
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This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a perquisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The prospective participation also agree by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000
and that all such sub-recipients shall certify and disclose accordingly.
VI. INSURANCE
A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by Consultant pursuant
to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law.
B. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to
procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and
maintained with forms and insurers acceptable to the Town. In the case of any claims-made policy, the
necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous
coverage.
1. Worker's compensation insurance to cover obligations imposed by applicable law for any
employee engaged in the performance of work under this Agreement, and Employer's Liability
insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five hundred
thousand dollars ($500,000) disease – policy limit, and five hundred thousand dollars ($500,000)
disease – each employee. Evidence of qualified self-insured status may be substituted for the worker's
compensation requirements of this paragraph.
2. Commercial general liability insurance with minimum combined single limits of one
million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate.
The policy shall be applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent contractors, products,
and completed operations. The policy shall contain a severability of interest provision, and shall be
endorsed to include the Town and the Town's officers, and employees as additionally insured. No
additional insured endorsement shall contain any exclusion for bodily injury or property damage arising
from completed operations.
3. Professional liability insurance with minimum limits of one million dollars ($1,000,000)
each claim and one million dollars ($1,000,000) general aggregate.
C. Any insurance carried by the Town, its officers, its employees, shall be excess and not
contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any
deductible losses under any policy.
D. Consultant shall provide to the Town a certificate of insurance, completed by Consultant's
insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits
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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 reasonable attorney's fees, on account of injury, loss, or damage, including, without
limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage,
which arise out of the negligent act, omission, error, professional error, mistake, negligence, or other negligent
fault of Consultant, any subcontractor of Consultant, or any officer, employee, representative, or agent of
Consultant or of any subcontractor of Consultant, or which arise out of any workmen's compensation claim of
any employee of Consultant or of any employee of any subcontractor of Consultant. In any and all claims
against Town or any of its officers, insurers, volunteers, representatives, agents, employees or assigns, by any
employee of Consultant, any subcontractor of Consultant, anyone directly or indirectly employed by any of them or
anyone for whose act any of them may be liable, the indemnification obligation under this Section VII shall not be
limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
Consultant or any subcontractor under worker’s compensation actions, disability benefit acts or other employee
benefit acts. In the event it becomes necessary for the Town to bring any action to enforce any provision of this
Agreement or to recover any damages the Town may incur as a result of the breach of this Agreement, including,
but not limited to, defective work, and the Town prevails in such litigation, Consultant shall pay the Town its
reasonable attorneys’ fees as determined by the court.
VIII. 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.
IX. 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.
ESTES PARK TRANSIT PARKING STRUCTURE
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X. PROVISIONS REQUIRED BY THE FTA
Incorporation of FTA Terms. FTA Circular 4220.1.E sets forth requirements pertaining to the solicitation,
award, and administration of third-party contracts. All contractual provisions required by DOT, as set forth in
FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding,
all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in
this Agreement. The Consultant shall not perform any act, fail to perform any act, or refuse to comply with any
Town of Estes Park (Town) requests that would cause the Town to be in violation of the FTA terms and
conditions.
Federal Changes. Consultant shall at all times comply with all applicable FTA regulations, policies, procedures,
and directives, including without limitation those listed directly or by reference in any Master Agreement
between the Town and FTA, as they may be amended or promulgated from time to time during the term of this
Agreement. Consultant's failure to so comply shall constitute a material breach of this Agreement.
No Obligation by the Federal Government. The Town and Consultant acknowledge and agree that,
notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this
Agreement, absent the express written consent by the Federal Government, the Federal Government is not a
party to this Agreement and shall not be subject to any obligations or liabilities to the Town, Consultant, or any
other party (whether or not a party to this Agreement) pertaining to any matter resulting from this Agreement.
Privacy Act. The Consultant agrees to comply with and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among
other things, the Consultant agrees to obtain the express consent of the Federal Government before the
Consultant or its employees operate a system of records on behalf of the Federal Government. The Consultant
understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of
that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may
result in termination of the underlying contract.
Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant acknowledges that the
provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S.
DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this
Project. Upon execution of the underlying contract, the Consultant certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed. In addition to
other penalties that may be applicable, the Consultant further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Consultant
to the extent the Federal Government deems appropriate.
The Consultant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 5307(n)(1) or any successor statutes on the Consultant, to the extent the Federal Government
deems appropriate.
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The Consultant agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to
identify the subcontractor who will be subject to the provisions.
Termination.
1. Termination for Convenience of or Default. The Town may terminate this contract in whole or in part, for
the Town's convenience or because of the failure of the Consultant to fulfill the contract obligations. The
Town shall terminate by delivering to the Consultant a Notice of Termination specifying the nature,
extent, and effective date of the termination. Upon receipt of the notice, the Consultant shall (1)
immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the
Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other
information and materials accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the Town, the Contracting Officer shall make an equitable
adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Consultant to fulfill the contract obligations, the Town may
complete the work by contact or otherwise and the Consultant shall be liable for any additional cost
incurred by the Town.
If, after termination for failure to fulfill contract obligations, it is determined that the Consultant was not
in default, the rights and obligations of the parties shall be the same as if the termination had been
issued for the convenience of the Town.
2. Opportunity to Cure. The Town in its sole discretion may, in the case of a termination for breach or
default, allow the Consultant an appropriately short period of time in which to cure the defect. In such
case, the notice of termination will state the time period in which cure is permitted and other appropriate
conditions.
If Consultant fails to remedy to Town's satisfaction the breach or default of any of the terms, covenants,
or conditions of this Agreement within [twenty (20) days] after receipt by Consultant of written notice
from the Town setting forth the nature of said breach or default, the Town shall have the right to
terminate the Contract without any further obligation to Consultant. Any such termination for default
shall not in any way operate to preclude the Town from also pursuing all available remedies against
Consultant and its sureties for said breach or default.
3. Waiver of Remedies for any Breach. In the event that the Town elects to waive its remedies for any
breach by Consultant of any covenant, term or condition of this Agreement, such waiver by the Town
shall not limit the Town's remedies for any succeeding breach of that or of any other term, covenant, or
condition of this Agreement.
4. 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
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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.
5. Termination by Consultant. The Consultant may terminate this Contract due to the failure of the Town
to fulfill its Contract obligations. The Consultant shall give written notice to the Town setting forth the
nature of said breach or default. The Town shall have thirty (30) days after receipt by the Town of the
written notice to correct the breach or default. In the event of termination for default by the Town, the
Consultant shall be compensated for all services performed through the date of termination.
Energy Conservation. The Consultant agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act.
Civil Rights. Consultant agrees to comply with all applicable provisions of Federal laws, regulations, and
directives pertaining to and prohibiting discrimination, including, but not limited to the following requirements
that apply to the underlying contract:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. §
5332, the Consultant agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Consultant agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2. Equal Employment Opportunity – The following equal employment opportunity requirements apply to
the underlying contract:
(a) Race, Color, Creed, National Origin, Sex, Age- In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
Consultant agrees to comply with all applicable equal employment opportunity requirements of
U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq.,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Consultant agrees to take affirmative
action to ensure that applicants are employed, and that employees treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Consultant agrees to comply with
any implementing requirements FTA may issue.
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(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § 623, The Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 621
through 634, and Federal transit law at 49 U.S.C. § 5332, the Consultant agrees to refrain from
discrimination against present and prospective employees for reason of age. In addition, the
Consultant agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the Consultant agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the Consultant agrees to comply with any
implementing requirements FTA may issue.
3. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the extent applicable,
Consultant agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse
Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 et eq., with the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42
U.S.C. §§ 4541 et seq., and with the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 201
et seq., and any amendments thereto.
Disadvantaged Business Enterprises (DBE). This Agreement is subject to the requirements of Title 49, Code of
Federal Regulations, Part 23 and 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business
Enterprises (DBE) is 10%. The goal for this project is established as 4.8%.
The Town agrees to ensure that disadvantaged business enterprises as determined by the Office of
Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate
in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided
under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable
steps in accordance with the CDOT DBE program to ensure that disadvantaged business enterprises have the
maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not
discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted
contracts.
Lobbying Restrictions. Consultant shall comply with U.S. DOT regulations, "New Restrictions on Lobbying," 49
C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352.
Access to Records. Consultant shall permit the U.S. Secretary of Transportation, the Comptroller General of
the United States, and, to the extent appropriate, the State, Town or their authorized representatives, upon
their request to inspect all Project work, materials, payrolls, and other data, and to audit the books, records,
and accounts of the Grantee and its Subgrantees pertaining to the Project, as required by 49 U.S.C. § 5325(g).
Consultant shall permit the U.S. Secretary of Transportation and the Comptroller General of the United States
or their duly authorized representatives, access to all third party contract records to the extent required by 49
U.S.C. § 5325(g).
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Compliance with Laws. Work by Illegal Aliens Prohibited. Consultant certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall
confirm the employment eligibility of all employees who are newly hired for employment in the United States to
perform work under this Agreement, through participation in the E-Verify Program or the State program
established pursuant to C.R.S. § 8-17.5-102(5)(c). Consultant shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement and shall sign Exhibit D prior to the execution of this
Agreement.
Clean Water Requirements. Consultant agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser
will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional
Office.
Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA.
Clean Air Requirements. Consultant agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report
each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA.
Breaches and Dispute Resolution. Disputes - Disputes arising in the performance of this Contract which are
not resolved by agreement of the parties shall be decided in writing by the authorized representative of the
Town's Public Works Director. This decision shall be final and conclusive unless within [ten (10)] days from the
date of receipt of its copy, the Consultant mails or otherwise furnishes a written appeal to the Town's Public
Works Director. In connection with any such appeal, the Contractor Consultant shall be afforded an opportunity
to be heard and to offer evidence in support of its position. The decision of the Public Works Director shall be
binding upon the Consultant and the Consultant shall abide be by the decision.
Performance during Dispute. Unless otherwise directed by the Town, Consultant shall continue performance
under this Contract while matters in dispute are being resolved.
Claims for Damages. Should either party to the Contract suffer injury or damage to person or property because
of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally
liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after
the first observance of such injury of or damage.
Remedies. Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in
question between the Town and the Consultant arising out of or relating to this agreement or its breach will be
decided by arbitration if the parties mutually agreesubmitted to non-binding mediation. Claims not resolved by
mediation may be resolved through litigation.
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Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law. No action or failure to act by the Town, or Consultant shall
constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically
agreed in writing.
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
Ph. 970-577-3582
Consultant: Walker Parking Consultants
Robert E. Stanley, P.E., NSPE, LEED AP
5350 South Roslyn Street, Suite 220
Greenwood Village, CO 80111
Ph. 303-694-6622
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.
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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
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(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:
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Public Works Department
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered into
this 14th day of August, 2013, by and between the Town of Estes Park, County of Larimer, State of Colorado
(the “Town”) and Walker Parking Consultants, an independent contractor (“Consultant”).
WHEREAS, the Town requires professional engineering services related to the
Estes Park Transit Facility Parking Structure; 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 June 18th, 2013, which is provided as Exhibit A (and the original
PW “Request for Proposal, May 24th, 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.
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
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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. Use of the Work Product for modification or completion of this Project by others or for other projects
shall be at the Town’s sole risk.
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 Six Hundred Nineteen Thousand, Eight
Hundred Eighty Seven dollars ($619,887.00). 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
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the same or similar type of work in the Denver metro area. The Work shall be done in compliance with
applicable federal, state, and local laws, ordinances, rules and regulations.
C. Consultant shall be responsible for the professional quality, technical accuracy, timely
completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished
by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any
errors or deficiencies in its designs, drawings, 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 administration 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 sixty percent (60 %) 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.
G. The Consultant certifies, by signing this Agreement, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan, or cooperative
agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in
connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall
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complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a perquisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The prospective participation also agree by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000
and that all such sub-recipients shall certify and disclose accordingly.
VI. INSURANCE
A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by Consultant pursuant
to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law.
B. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to
procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and
maintained with forms and insurers acceptable to the Town. In the case of any claims-made policy, the
necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous
coverage.
1. Worker's compensation insurance to cover obligations imposed by applicable law for any
employee engaged in the performance of work under this Agreement, and Employer's Liability
insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five hundred
thousand dollars ($500,000) disease – policy limit, and five hundred thousand dollars ($500,000)
disease – each employee. Evidence of qualified self-insured status may be substituted for the worker's
compensation requirements of this paragraph.
2. Commercial general liability insurance with minimum combined single limits of one
million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate.
The policy shall be applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent contractors, products,
and completed operations. The policy shall contain a severability of interest provision, and shall be
endorsed to include the Town and the Town's officers, and employees as additionally insured. No
additional insured endorsement shall contain any exclusion for bodily injury or property damage arising
from completed operations.
3. Professional liability insurance with minimum limits of one million dollars ($1,000,000)
each claim and one million dollars ($1,000,000) general aggregate.
C. Any insurance carried by the Town, its officers, its employees, shall be excess and not
contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any
deductible losses under any policy.
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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 reasonable attorney's fees, on account of injury, loss, or damage, including, without
limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage,
which arise out of the negligent act, omission, error, professional error, mistake, negligence, or other negligent
fault of Consultant, any subcontractor of Consultant, or any officer, employee, representative, or agent of
Consultant or of any subcontractor of Consultant, or which arise out of any workmen's compensation claim of
any employee of Consultant or of any employee of any subcontractor of Consultant. In any and all claims
against Town or any of its officers, insurers, volunteers, representatives, agents, employees or assigns, by any
employee of Consultant, any subcontractor of Consultant, anyone directly or indirectly employed by any of them or
anyone for whose act any of them may be liable, the indemnification obligation under this Section VII shall not be
limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
Consultant or any subcontractor under worker’s compensation actions, disability benefit acts or other employee
benefit acts. In the event it becomes necessary for the Town to bring any action to enforce any provision of this
Agreement or to recover any damages the Town may incur as a result of the breach of this Agreement, including,
but not limited to, defective work, and the Town prevails in such litigation, Consultant shall pay the Town its
reasonable attorneys’ fees as determined by the court.
VIII. 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.
IX. 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.
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X. PROVISIONS REQUIRED BY THE FTA
Incorporation of FTA Terms. FTA Circular 4220.1.E sets forth requirements pertaining to the solicitation,
award, and administration of third-party contracts. All contractual provisions required by DOT, as set forth in
FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding,
all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in
this Agreement. The Consultant shall not perform any act, fail to perform any act, or refuse to comply with any
Town of Estes Park (Town) requests that would cause the Town to be in violation of the FTA terms and
conditions.
Federal Changes. Consultant shall at all times comply with all applicable FTA regulations, policies, procedures,
and directives, including without limitation those listed directly or by reference in any Master Agreement
between the Town and FTA, as they may be amended or promulgated from time to time during the term of this
Agreement. Consultant's failure to so comply shall constitute a material breach of this Agreement.
No Obligation by the Federal Government. The Town and Consultant acknowledge and agree that,
notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this
Agreement, absent the express written consent by the Federal Government, the Federal Government is not a
party to this Agreement and shall not be subject to any obligations or liabilities to the Town, Consultant, or any
other party (whether or not a party to this Agreement) pertaining to any matter resulting from this Agreement.
Privacy Act. The Consultant agrees to comply with and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among
other things, the Consultant agrees to obtain the express consent of the Federal Government before the
Consultant or its employees operate a system of records on behalf of the Federal Government. The Consultant
understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of
that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may
result in termination of the underlying contract.
Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant acknowledges that the
provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S.
DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this
Project. Upon execution of the underlying contract, the Consultant certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed. In addition to
other penalties that may be applicable, the Consultant further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Consultant
to the extent the Federal Government deems appropriate.
The Consultant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 5307(n)(1) or any successor statutes on the Consultant, to the extent the Federal Government
deems appropriate.
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The Consultant agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to
identify the subcontractor who will be subject to the provisions.
Termination.
1. Termination for Convenience or Default. The Town may terminate this contract in whole or in part, for
the Town's convenience or because of the failure of the Consultant to fulfill the contract obligations. The
Town shall terminate by delivering to the Consultant a Notice of Termination specifying the nature,
extent, and effective date of the termination. Upon receipt of the notice, the Consultant shall (1)
immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the
Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other
information and materials accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the Town, the Contracting Officer shall make an equitable
adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Consultant to fulfill the contract obligations, the Town may
complete the work by contact or otherwise and the Consultant shall be liable for any additional cost
incurred by the Town.
If, after termination for failure to fulfill contract obligations, it is determined that the Consultant was not
in default, the rights and obligations of the parties shall be the same as if the termination had been
issued for the convenience of the Town.
2. Opportunity to Cure. The Town in its sole discretion may, in the case of a termination for breach or
default, allow the Consultant an appropriately short period of time in which to cure the defect. In such
case, the notice of termination will state the time period in which cure is permitted and other appropriate
conditions.
If Consultant fails to remedy to Town's satisfaction the breach or default of any of the terms, covenants,
or conditions of this Agreement within [twenty (20) days] after receipt by Consultant of written notice
from the Town setting forth the nature of said breach or default, the Town shall have the right to
terminate the Contract without any further obligation to Consultant. Any such termination for default
shall not in any way operate to preclude the Town from also pursuing all available remedies against
Consultant and its sureties for said breach or default.
3. Waiver of Remedies for any Breach. In the event that the Town elects to waive its remedies for any
breach by Consultant of any covenant, term or condition of this Agreement, such waiver by the Town
shall not limit the Town's remedies for any succeeding breach of that or of any other term, covenant, or
condition of this Agreement.
4. 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
ESTES PARK TRANSIT PARKING STRUCTURE
Page 8 of 13
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.
5. Termination by Consultant. The Consultant may terminate this Contract due to the failure of the Town
to fulfill its Contract obligations. The Consultant shall give written notice to the Town setting forth the
nature of said breach or default. The Town shall have thirty (30) days after receipt by the Town of the
written notice to correct the breach or default. In the event of termination for default by the Town, the
Consultant shall be compensated for all services performed through the date of termination.
Energy Conservation. The Consultant agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act.
Civil Rights. Consultant agrees to comply with all applicable provisions of Federal laws, regulations, and
directives pertaining to and prohibiting discrimination, including, but not limited to the following requirements
that apply to the underlying contract:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. §
5332, the Consultant agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Consultant agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2. Equal Employment Opportunity – The following equal employment opportunity requirements apply to
the underlying contract:
(a) Race, Color, Creed, National Origin, Sex, Age- In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
Consultant agrees to comply with all applicable equal employment opportunity requirements of
U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq.,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Consultant agrees to take affirmative
action to ensure that applicants are employed, and that employees treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Consultant agrees to comply with
any implementing requirements FTA may issue.
ESTES PARK TRANSIT PARKING STRUCTURE
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(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § 623, The Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 621
through 634, and Federal transit law at 49 U.S.C. § 5332, the Consultant agrees to refrain from
discrimination against present and prospective employees for reason of age. In addition, the
Consultant agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the Consultant agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the Consultant agrees to comply with any
implementing requirements FTA may issue.
3. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the extent applicable,
Consultant agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse
Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 et eq., with the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42
U.S.C. §§ 4541 et seq., and with the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 201
et seq., and any amendments thereto.
Disadvantaged Business Enterprises (DBE). This Agreement is subject to the requirements of Title 49, Code of
Federal Regulations, Part 23 and 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business
Enterprises (DBE) is 10%. The goal for this project is established as 4.8%.
The Town agrees to ensure that disadvantaged business enterprises as determined by the Office of
Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate
in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided
under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable
steps in accordance with the CDOT DBE program to ensure that disadvantaged business enterprises have the
maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not
discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted
contracts.
Lobbying Restrictions. Consultant shall comply with U.S. DOT regulations, "New Restrictions on Lobbying," 49
C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352.
Access to Records. Consultant shall permit the U.S. Secretary of Transportation, the Comptroller General of
the United States, and, to the extent appropriate, the State, Town or their authorized representatives, upon
their request to inspect all Project work, materials, payrolls, and other data, and to audit the books, records,
and accounts of the Grantee and its Subgrantees pertaining to the Project, as required by 49 U.S.C. § 5325(g).
Consultant shall permit the U.S. Secretary of Transportation and the Comptroller General of the United States
or their duly authorized representatives, access to all third party contract records to the extent required by 49
U.S.C. § 5325(g).
ESTES PARK TRANSIT PARKING STRUCTURE
Page 10 of 13
Compliance with Laws. Work by Illegal Aliens Prohibited. Consultant certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall
confirm the employment eligibility of all employees who are newly hired for employment in the United States to
perform work under this Agreement, through participation in the E-Verify Program or the State program
established pursuant to C.R.S. § 8-17.5-102(5)(c). Consultant shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement and shall sign Exhibit D prior to the execution of this
Agreement.
Clean Water Requirements. Consultant agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser
will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional
Office.
Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA.
Clean Air Requirements. Consultant agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report
each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA.
Breaches and Dispute Resolution. Disputes - Disputes arising in the performance of this Contract which are
not resolved by agreement of the parties shall be decided in writing by the authorized representative of the
Town's Public Works Director. This decision shall be final and conclusive unless within [ten (10)] days from the
date of receipt of its copy, the Consultant mails or otherwise furnishes a written appeal to the Town's Public
Works Director. In connection with any such appeal, the Consultant shall be afforded an opportunity to be
heard and to offer evidence in support of its position. The decision of the Public Works Director shall be binding
upon the Consultant and the Consultant shall abide by the decision.
Performance during Dispute. Unless otherwise directed by the Town, Consultant shall continue performance
under this Contract while matters in dispute are being resolved.
Claims for Damages. Should either party to the Contract suffer injury or damage to person or property because
of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally
liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after
the first observance of such injury or damage.
Remedies. Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in
question between the Town and the Consultant arising out of or relating to this agreement or its breach will be
submitted to non-binding mediation. Claims not resolved by mediation may be resolved through litigation.
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Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law. No action or failure to act by the Town, or Consultant shall
constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically
agreed in writing.
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
Ph. 970-577-3582
Consultant: Walker Parking Consultants
Robert E. Stanley, P.E., NSPE, LEED AP
5350 South Roslyn Street, Suite 220
Greenwood Village, CO 80111
Ph. 303-694-6622
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.
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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.
ESTES PARK TRANSIT PARKING STRUCTURE
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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:
Town Administrator Memo
To: Honorable Mayor Pinkham
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: August 13, 2013
RE: Strategic Plan - Adoption of 5-7 Year Goals & 2014 Objectives.
Objective:
To adopt the Board’s goals and 2014 objectives.
Present Situation:
The Board developed a set of long term goals and 2014 objectives at several study
sessions in late May, June and July. Since that time, we have been refining these goals
and objectives to more clearly articulate the goals and objectives, with final review
taking place at a Board study session on July 23rd. These are now ready for Board
approval. This will provide guidance for staff as they prepare their 2014 budgets and
work plans.
Proposal:
That the Board formally adopt the revised Vision, Mission, Key Outcome Areas, Goals
and 2014 objectives.
Advantages:
Sets the strategic direction for future town operations
Gives direction to staff for budget preparation and prioritization of actions
Communicates to the public the key areas the Board believes to be important
and what the direction the town will be taking.
Disadvantages:
none
Action Recommended:
Adoption of the vision, mission, key outcome areas, goals and 2014 objectives,
including the adoption of the key outcome areas as the final segment in the boards
adoption of policy governance, the Ends section.
Budget:
n/a
Level of Public Interest
High
Sample Motion
I move for the adoption of the revised Town Vision and Mission statements, key
outcome areas, goals and 2014 objectives, as presented.
2014 Strategic Plan
August 13th, 2013
VISION
The Town of Estes Park will enhance our position as a premier mountain community
MISSION
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.
KEY OUTCOME AREAS
1. Robust Economy ‐ We have a diverse, healthy year round economy
2. Infrastructure‐ We have reliable, efficient and up to date infrastructure serving our residents,
businesses and guests
3. Exceptional Guest Services ‐ We are the preferred Colorado mountain destination providing an
exceptional guest experience.
4. Public Safety, Health and Environment ‐ Estes Park is a safe place to live, work, and visit within
our extraordinary natural environment
5. Outstanding Community Services‐ Estes Park is an exceptionally vibrant, diverse, inclusive and
active mountain community in which to live, work and play, with housing available for all
segments in our community.
6. Governmental Services and Internal Support ‐ We provide high‐quality, reliable basic
municipal services for the benefit of our citizens, guests, and employees, while being good
stewards of public resources
7. Transportation ‐ We have safe, efficient and well maintained multi‐modal transportation
systems for pedestrians, vehicles and transit.
GOALS (5‐7 YEARS )
1) Robust Economy
a) We will work to make Town codes and regulations more user friendly and easier to understand
and use, while ensuring they are effective and enforceable and support reasonable
development. We encourage the Board of Appeals to look at our regulations and codes and give
suggestions.
b) The Town encourages events, activities and development that enhance a year round economy
c) The Town participates as a partner in Local, Regional and State Economic Development efforts
d) We will encourage optimal the use of the PRPA/Town fiber infrastructure
2) Infrastructure
a) We will continue to address parking options throughout the Town.
b) We will continue to pursue grants and utilize available open space funding to develop
connectivity of trails in the Estes Valley in partnership with other local entities as described in
the Estes Valley Trails Master Plan.
c) We will provide safe access for users to the trail system
d) All of our Town Streets will be classified at a fair condition (~70%) or above
e) We will review the potential redevelopment of areas affected by the FLAP grant
f) We will upgrade the Glacier Creek Water Treatment plant to maintain redundant water
treatment.
3) Exceptional Guest Services
a) The MPEC will meet the 2013 CH Johnson pro‐forma financial projections
4) Public Safety, Health and Environment
a) We will maintain safe and healthy environments on Town owned properties.
b) We will implement projects and policies to improve the quality of the environment.
5) Outstanding Community Services
a) We will plan and implement the celebration of the 100th Anniversary of the Town.
b) We will increase the capacity of the Museum and the Senior Center, considering the
recommendations of the Museum and Senior Center Master Plan
c) We will have available housing for all segments of our community.
6) Governmental Services and Internal Support
a) We will ensure town finances are strong with adequate fund balances and sustainable reserves.
b) We will maintain a well trained and educated town staff.
a) We will implement an enterprise wide document management system
b) We will conduct a citizen survey biennially to measure our performance and citizen preferences
2) Transportation
a) We will continue to address downtown traffic issues
2014 Board Objectives (1 year time frame)
1) Robust Economy
a) Begin revising regulations and codes, making them easier to understand and use, including
making it easier for citizens to find all the codes, regulations and rules that are applicable to
their particular projects
b) Continue to participate in local, regional, and state economic development.
2) Infrastructure
a) Begin the construction of the visitor’s center parking structure
b) Complete the construction of the Multi Purpose Events Center and Stall Barn.
c) Complete the environmental studies required for the extension of the Fall River Trail using the
Paul Sarbanes Grant
d) Develop options for the improvements or replacement of the Glacier Creek Water Treatment
Plant
e) Develop a sustainable funding plan for facility maintenance
f) Identify best options for capitalizing on the PRPA/Town fiber infrastructure for residents and
businesses
3) Exceptional Guest Services
a) Implement the operating and marketing plans for the Multi‐purpose Events Center
b) Develop a strategy for developing, evaluating, retaining and recruiting special events in the
Town, including a strategy for events management.
4) Public Safety, Health and Environment
a) Finalize an agreement with the Colorado Department of Public Health and Environment on a
remediation plan for the Elm Road Landfill
b) Pursue emergency public advisory radio services
c) Evaluate and address potential required changes in radio frequencies
5) Outstanding Community Services
a) Revise the sign code
b) Update the comprehensive plan
c) Define the Town’s role in community housing issues
d) Complete the next phase of the development of Bond Park
e) Develop and adopt a policy for accepting public art, memorials and donations
f) Consider the recommendations of the Community Recreation and Wellness Center Feasibility
Study
g) Participate with Rocky Mountain National Park in preparations for their 100th Anniversary in
2015
6) Governmental Services and Internal Support
a) Complete a Citizen Survey
b) Increase compliance with business licenses/ permits of vacation home rentals, including tax
collection.
c) Implement the capital planning process.
d) Consider going to the citizens with a sales tax election in 2014 for funding specifically to
support streets, infrastructure and other community improvements.
e) Complete the revision and updating of Board and Administrative town policies.
7) Transportation
a) Evaluate and prioritize implementation of Transportation Visioning Committee signage
recommendations
b) Take any steps required for the FLAP Grant project.
c) Complete improvements to Dry Gulch Road.
The Town of
Estes Park will
enhance our
position as a
premier
mountain
community .
Robust
Economy
We have a
diverse, healthy
year round
economy
We will work to make Town
codes and regulations more user
friendly and easier to understand
and use, while ensuring they are
effective and enforceable and
support reasonable
development. We encourage the
Board of Appeals to look at our
regulations and codes and give
suggestions.
Begin revising regulations and codes,
making them easier to understand and
use, including making it easier for
citizens to find all the codes, regulations
and rules that are applicable to their
particular projects
We will encourage optimal the
use of the PRPA/Town fiber
infrastructure
The Town encourages events,
activities and development that
enhances a year round economy
The Town participates as a
partner in State, Regional and
Local Economic Development
efforts
Continue to participate in county,
regional, and state economic planning.
Infrastructure
We have reliable,
efficient and up to
date infrastructure
serving our
residents,
businesses and
guests
Streets All Town Streets are classified at a
fair condition (~70%) or above
Trails and sidewalks
We will provide safe access for
users to the trail system
We will continue to pursue grants
and utilize available open space
funding to develop connectivity of
trails in the Estes Valley in
partnership with other local entities
as described in the Estes Valley
Trails Master Plan.
Complete the environmental studies
required for the extension of the Fall
River Trail using the Paul Sarbanes
Grant
We will review the potential
redevelopment of areas affected
by the FLAP grant
Parking lots and transportation hubs We will continue to address parking
options throughout the Town.
Begin the construction of the visitor’s
center parking structure
Utilities
Water We will upgrade the Glacier Creek
Water Treatment plant to maintain
redundant water treatment.
Develop options for the improvements
or replacement of the Glacier Creek
Water Treatment Plant
Fiber Optics (coordinated with PRPA)Identify best options for capitalizing on
the PRPA/Town fiber infrastructure for
residents and businesses
Facilities and Real Property
Develop sustainable funding plan for
facility maintenance
Complete the construction of the Multi
Purpose Events Center and Stall Barn.
Exceptional
Guest
Services
We are the preferred
Colorado mountain
destination providing
an exceptional guest
experience.
Special Events
Fairgrounds The MPEC will meet the 2013 CH
Johnson pro-forma financial
projections
Events
Develop a strategy for evaluating,
recruiting and retaining special events in
the Town, including a strategy for
events
Marketing Implement and evaluate the operating
and marketing plans for the
Multi-purpose Events Center
Public
Safety,
Health and
Environment
Estes Park is a safe
place to live, work,
and visit within our
extraordinary
natural environment
Pursue emergency public
advisory radio services
We will implement projects and
policies to improve the quality of
the environment.
Evaluate and address potential
required changes in radio
frequencies
We will maintain safe and
healthy environments on Town
owned properties
Finalize an agreement with the
Colorado Department of Public
Health and Environment on a
remediation plan for the Elm Road
Landfill
Outstanding
Community
Services
Estes Park is an
exceptionally
vibrant, diverse,
inclusive and active
mountain
community in which
to live, work and
play with housing
available for all
segments in our
community.
We will increase the capacity of
the Museum and the Senior
Center, considering the
recommendations of the Museum
and Senior Center Master Plan
We will plan and implement the
celebration of the 100th
Anniversary of the Town.
Parks
Develop and adopt a policy for accepting
public art, memorials and donations
Develop and adopt a policy for accepting
public art, memorials and donations
Complete the next phase of the
development of Bond Park
Consider the recommendations of
the Community Recreation and
Wellness Center Feasibility Study
We will have available housing
for all segments of our
community.
Define the Town's role in community housing issues
Planning and Land useUpdate the Comprehensive Plan
Revise Sign Code
Participate with Rocky Mountain
National Park in preparation for their
100th Anniversary in 2015
Governmental Services
and Internal Support
We provide high-quality, reliable basic
municipal services for the benefit of our
citizens, guests, and employees, while
being good stewards of public resources
Consider going to the citizens with a
sales tax election in 2014 for funding
specifically to support streets,
infrastructure and other community
improvements.
Increase compliance with business
licenses/permits of vacation home
rentals, and including tax collection.
We will implement an enterprise
wide document management
system
We will conduct a citizen survey
biennially to measure our
performance and citizen
preferences
Complete a Citizen Survey
Implement the capital planning process.
We will maintain a well trained
and educated town staff.
Complete the revision and updating
of Board and Administrative town
policies.
We will ensure Town Finances
are strong with adequate fund
balance and sustainable
reserves.
Transportation - We have safe,efficient and well maintained multi-modaltransportation systems for pedestrians,
vehicles and transit
We will continue to address the
downtown traffic issues.Take any steps required for the FLAP Grant project.
Evaluate and prioritize
implementation of Transportation
Visioning Committee signage
recommendations
Complete improvements to Dry Gulch Road.
2014 STRATEGY MAP 8-13-13
Key Outcome Areas
Mission
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.
5-7 year
goals
2014 Board Objective
2014 strategy goals objectives onlyh.mmap - 8/2/2013 - Mindjet
1
TOWN OF ESTES PARK
GOVERNING POLICIES MANUAL
Table of Contents
Category 4. Ends Statements
Policy 3.0 Ends Statements and Key Outcome Areas of the Board of Trustees
2
POLICY TYPE: BOARD ENDS STATEMENTS
POLICY 4.0 POLICY TITLE: Ends Statements and Key Outcome Areas of the
Board of Trustees
1. Robust Economy ‐ We have a diverse, healthy year round economy
2. Infrastructure‐ We have reliable, efficient and up to date infrastructure serving our residents, businesses and guests
3. Exceptional Guest Services ‐ We are the preferred Colorado mountain destination providing an exceptional guest
experience.
4. Public Safety, Health and Environment ‐ Estes Park is a safe place to live, work, and visit within our extraordinary
natural environment
5. Outstanding Community Services‐ Estes Park is an exceptionally vibrant, diverse, inclusive and active mountain
community in which to live, work and play, with housing available for all segments in our community.
6. Governmental Services and Internal Support ‐ We provide high‐quality, reliable basic municipal services for the
benefit of our citizens, guests, and employees, while being good stewards of public resources
7. Transportation ‐ We have safe, efficient and well maintained multi‐modal transportation systems for pedestrians,
vehicles and transit.