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HomeMy WebLinkAboutPACKET Public Works, Utilities and Public Safety 2011-01-13Preparation date: January 3, 2011 NOTE: The Public Safety, Utilities and Public Works Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. AGENDA TOWN OF ESTES PARK PUBLIC SAFETY, UTILITIES & PUBLIC WORKS COMMITTEE January 13, 2011 8:00 a.m. Board Room, Town Hall 1. PUBLIC COMMENT 2. PUBLIC SAFETY a) RECOMMENDATIONS TO THE TOWN BOARD i) Estes Valley Victim Advocate 2011 Contract. Chief Kufeld. b) REPORTS i) 3rd Quarter Fire District Statistic Report. Chief Dorman. 3. UTILITIES a) RECOMMENDATIONS TO THE TOWN BOARD i) Financial Software Upgrade. Utilities Engineer Bergsten. a) REPORTS i) Light & Power Update. Superintendent Steichen. 4. PUBLIC WORKS a) REPORTS i) Transportation Hub Funding. Director Zurn. 5. ADJOURN Page 1 POLICE DEPARTMENT Memo To: Public Safety, Utilities and Public Works Committee From: Wes Kufeld, Chief of Police Date: January 13, 2011 RE: Estes Valley Victim Advocates Contract Background: Each year, the Estes Valley Victim Advocates receive funding from the Town of Estes Park for services rendered to crime victims who are residents of Estes Park. There are no changes to the previous year’s contract. Budget: $7,920.00 as budgeted in 2011 which is distributed equally each quarter from line item 101-2100-421.22-98. Recommendation: Staff recommends the Estes Valley Victim Advocate Contract to the Town Board, to be included on the Consent Agenda at the February 8, 2011 Town Board meeting. CONTRACT FOR SERVICES TOWN OF ESTES PARK THIS CONTRACT, dated this ____________ day of______________, 2011, is by and between the TOWN OF ESTES PARK, STATE OF COLORADO, 170 MacGregor Ave., Estes Park, CO, a body politic and corporate (the "Town"), and ESTES VALLEY VICTIM ADVOCATES, INC. ("Contractor".) RECITALS WHEREAS, the Town plans to continue a project entitled, "ESTES VALLEY VICTIM ADVOCATES," and WHEREAS, the Town desires to retain the services of the Contractor to assist it in studies relative thereto and the planning and designing thereof as set forth in this agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein, and for other good and valuable considerations, the sufficiency of which is hereby acknowledged, the Town and the Contractor agree as follows: 1. CONTRACT DOCUMENTS: the "Contract Documents" shall consist of the following: a. This Contract; b. The Scope of Services, attached hereto as Exhibit "A;" All of which are incorporated by reference as though set forth in full herein, whether or not attached hereto, and shall form an integral part of this contract. If there is any conflict between this Contract and the other Contract Documents, this Contract shall control. 2. THE WORK: The Contractor shall furnish the labor, equipment, materials and supervision necessary for or incident to the complete and timely performance of everything described or reasonably implied from the Contract Documents (the "Work") except as provided for herein. 3. INSPECTION: The Town reserves the right to monitor and evaluate the progress and performance of the Contractor to ensure that the terms of this agreement are being satisfactorily met in accordance with the Town and other applicable monitoring and evaluation criteria and standards. Contractor shall cooperate with Town relating to such monitoring and evaluation. 4. PAYMENT: Upon satisfactory completion of the Work, and provided that Contractor is not in default of the Contract, the Town shall pay the Contractor the firm fixed price of SEVENTY NINE HUNDRED AND TWENTY DOLLARS AND 00/00 ($7,920 to include pagers in total amount) in quarterly fund distribution on or about January 2011, April 2011, July 2011 and October 2011, in equal increment payments of $1,980. 5. TERMINATION: The Town reserves the right to terminate this Contract, in whole or in part, with or without cause upon thirty (30) days written notice to the Contractor. In the event of termination, the Contractor shall incur no additional expenses and shall perform no further services for the Town under this Contract as of the date of receipt of the notice of termination unless otherwise specified by the Town. The Town shall pay the Contractor for all services satisfactorily performed prior to receipt of the notice of termination and for other services required by the Town to be completed prior to termination and satisfactorily performed. In the event of termination for cause, the Contractor shall be liable for any and all damages, including without limitations, the cost of procuring similar supplies or services and all other costs and expenses incurred by the Town because of such failure. 6. INDEPENDENT CONTRACTOR STATUS, PAYMENT OF TAXES AND UNEMPLOYMENT INSURANCE: In performing the Work, the Contractor acts as an independent contractor and is not acting as an agent, servant or employee of the Town. The Contractor is solely responsible for necessary and adequate worker's compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by the Contractor or an entity other than the Town. The Contractor understands and agrees that it is an independent contractor under the terms and conditions of this Agreement. As such, the Contractor is not entitled to employment or insurance benefits through the Town. Also, the Contractor understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. The Contractor also understands and agrees that it is responsible for workers' compensation coverage and taxes for itself and any employee. 7. INDEMNIFICATION: The Contractor hereby agrees to and does indemnify, defend, save and hold the Town harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, attorney's fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of or by any reason of any violation of the contract or of any law, ordinance or regulation by the Contractor, his agents, employees, servants, subcontractors, business invitees; or by reason of any injury or damage however occurring to any person or persons whomever (including the Contractor, his agents, employees, servants, subcontractors, or business invitees) or to property of any kind whatsoever and to whomever belonging (including the Contractor, his agents, employees, servants, subcontractors or business invitees)- or from any cause or causes whatsoever arising out of the performance of services hereunder. 1. INSURANCE REQUIREMENTS: a. The Contractor and its subcontractors shall purchase and maintain such insurance in a company or companies licensed to do business in the State of Colorado as will protect them from claims which may arise out of or result from operations under the Contract whether such operations be by themselves or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The insurance required by this Contract is set forth below: b. Comprehensive General Liability: The Contractor shall procure and keep in force during the duration of this contract a policy of Comprehensive General Liability insurance insuring the Contractor and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least $1,000,000. The limits of said insurance shall not be a limit to the liability of the Contractor hereunder. c. Comprehensive Automobile Liability: The Contractor shall procure and keep in force during the duration of this contract a policy of Comprehensive Automobile Liability insurance, insuring the Contractor and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising from the use of motor vehicles and shall cover operations on or off the site of all vehicles controlled by the Contractor, whether they are owned, non-owned, or hired, with a combined single limit of at least $1,000,000. The limits of said insurance shall not, however, be a limit to the liability of Contractor hereunder. d. Other Insurance: The Contractor shall procure and keep in force during the term of this Contract, Worker's Compensation and such other insurance as may be required by any applicable law, ordinance or governmental regulation. e. Terms of Insurance: Insurance required shall be with companies qualified to do business in the State of Colorado with a general policy holder's financial rating of not less than that of "A" as set forth in the most current edition of "Best's Insurance Reports", and may provide for deductible amounts as the Contractor may deem to be reasonable for completion of the Work, but in no case greater than $20,000. The Contractor shall not do nor permit to be done anything which shall invalidate the insurance policies referred to in this section, and the Contractor shall immediately advise the Town in writing if a reduction in coverage or other modification of the insurance coverage occurs. Insurance policies shall be for the mutual and joint benefit and protection of the Contractor and the Town. Such policies shall be written as primary policies not contributing to and not in excess of coverage which the Town must carry. f. Proof of Insurance: Prior to the commencement of the Work, the Contractor shall furnish to the Town certificates of insurance policies evidencing the required coverage. Such certificates shall provide that cancellation of the policies in such insurance shall not be effective until thirty (30) days after written notice to the Town. The Contractor shall identify whether the type of coverage is "occurrence" or "claims made". If the type of coverage is "claims made" which at renewal, Contractor changes to "occurrence", Contractor shall carry a six-month tail. The Contractor agrees to insert the substance of these insurance requirements in all subcontracts. Furthermore, the Town will hold the Contractor responsible in the event the subcontractor fails to have adequate insurance. g. The Town reserves the right to approve variations in the above requirements upon request of the Contractor, in the Town's sole discretion. h. Nothing contained in this agreement constitutes a waiver of the Town’s governmental immunity pursuant to the applicable provisions of the Colorado Governmental Immunity Act. 9. AMENDMENT: a. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided; this Contract may not be modified or amended except by written agreement of the parties. b. The Town reserves the right to omit any of the tasks identified in the Scope of Services upon written notice to the Contractor. 10. MISCELLANEOUS PROVISIONS: Governing Law and Venue: This Contract shall be governed by the laws of the State of Colorado and venue shall be in the County of Larimer, State of Colorado. Assignability: This Contract is voidable by the Town if assigned by the Contractor without the prior written consent of the Town. Survival Clause: The indemnification provision of this Contract shall survive the completion of the Work and the termination of this Contract. Compliance with the Laws: The Contractor shall observe and comply with all applicable laws, including but not limited to federal, state and local laws, regulations, rules or ordinances that effect those employed or engaged by it, the materials or equipment used for the conduct of the Work, and shall procure any and all necessary approvals, licenses and permits, all at its own expense. Severability: If any provision in this Contract shall be declared by a court of competent jurisdiction to be invalid, such decision shall not invalidate any other part or provision hereof. Renewal: This contract is subject to renewal annually upon review and agreement of the Contractor and the Town. IN WITNESS WHEREOF, the parties hereto have executed this Contract. TOWN OF ESTES PARK BY: __________________________________ Mayor ATTEST: __________________________________________ Town Clerk ESTES VALLEY VICTIM ADVOCATES, INC. ATTEST: BY: ___________________________________ ___________________________________________ EXHIBIT A SCOPE OF SERVICES 1. Term of Service: The term of this agreement shall be from January 01, 2011, through December 31, 2011, unless earlier termination pursuant to the Contract. This Contract shall be renewed and/or modified as necessary before the beginning of a new grant term and prior to the termination date of the Contract. 2. Remuneration for Services: The Town shall pay Contractor the amount of $7,920 for immediate victim assistance as set forth in paragraph three ("Services Provided") herein. Providing services to victims of crime ($5,000) and crisis intervention ($2,500) in non-criminal incidents and ($420) for pagers. The Town's obligation to Contractor shall not exceed a total of $7,920 for the entire term of this Contract. The Town shall also provide "in kind" contributions such as temporary use of a telephone and/or office while in the service of victims at the Police Department. The Town will also continue to provide monetary (which is included in total contract amount) assistance to cover the expense of pagers not to exceed $420 per year. Pagers will be maintained by the Contractor. 3. Services Provided: Contractor shall provide the following services: 1. Representatives to respond by phone or in person for immediate crisis intervention and counseling. 2. Contractor shall provide twenty-four (24) hour phone referral services and/or other assistance to victims of all crimes in accordance to the laws of the State of Colorado. 4. INDEMNIFICATION: By accepting referrals from the Town to Estes Valley Victim Advocates, Inc., Contractor hereby agrees to fully comply with the provisions of the Americans with Disabilities Act ("ADA"). Contractor agrees to be fully responsible and liable for making counseling and support programs available for use by disabled participants. Contractor agrees to and does indemnify and hold the Town and its agents and employees harmless from and against any and all claims, damages, losses, injuries, costs and expenses, including attorney's fees relating to or arising out of Contractor's failure to comply with the ADA. 5. POLICE RECORDS RELEASES: By accepting copies of official and confidential Police Reports, Contractor agrees to not release these reports, or any information contained therein, to anyone except its own agents/representatives who are acting in the capacity of providing the aforementioned services to the Town. Contractor assumes full responsibility for any and all breaches of confidentiality or security of records; and agrees to and does indemnify the Town for any and all liability, loss, damage, costs, expenses and attorney's fees resulting from said breach by Contractor, its agents, servants, and employees. 6. BI-ANNUAL AND ANNUAL REPORTS: Contractor shall provide the Town with bi-annual reports on the type and total number of crimes responded to through the Project. These statistics shall include whether the victim was initially contacted at the time the crime occurred, noting if response was either in person, at the scene, or by phone at the scene. If initial victim contact transpires at a later time, the statistics shall indicate whether the victim was contacted in person, by phone, or by mail. Contractor shall provide the Town with bi-annual reports and adequate documentation referencing any paid positions within their organization maintained in whole or in part by grant monies obtained by the Town. Depending upon the term and conditions of the grant, Contractor shall also provide the Town with the total final statistics that, in turn will be submitted to the grantor for any required reporting period. ESTES VALLEY FIRE PROTECTION DISTRICT 2010- 3rd QUARTER & YEAR TO DATE INCIDENT RUN REPORTS OF THE ESTES PARK VOLUNTEER FIRE DEPARTMENT Page 1 of 35 Page 2 of 35 Page 3 of 35 Page 4 of 35 Page 5 of 35 Page 6 of 35 30405060708090100Number of calls3rd Quarter Comparison of Calls by Type200720082009201001020Type of callPage 7 of 35 Page 8 of 35 102030405060Number of calls2010 3rd Quarter Calls -within/outside city limitsin cityout city010Type of callsPage 9 of 35 Page 10 of 35 Page 11 of 35 Page 12 of 35 Page 13 of 35 Page 14 of 35 Page 15 of 35 ESTES VALLEY FIRE PROTECTION DISTRICT 2010 YEAR TO DATE INCIDENT RUN REPORTS Page 16 of 35 Page 17 of 35 Page 18 of 35 Page 19 of 35 Page 20 of 35 Page 21 of 35 Page 22 of 35 100150200250Number of callsYear to Date {01/01/2010} - {09/30/2010} Comparison of Calls by Type2007200820092010050Type of callPage 23 of 35 Page 24 of 35 406080100120140Number of callsYear to Date {01/01/2010} - {09/30/2010} within/outside city limitsin cityout city020Type of callsPage 25 of 35 Page 26 of 35 Page 27 of 35 Page 28 of 35 Page 29 of 35 Page 30 of 35 Page 31 of 35 ESTES VALLEY FIRE PROTECTION DISTRICT 2010 3rd QUARTER AND YEAR TO DATE TRAINING REPORT Page 32 of 35 Page 33 of 35 1442010 3rd Qtr Training Hours407.0560FIREDIVEEMSPage 34 of 35 428250.262010 Year to Date Training Hours2387.54FIREDIVEEMSPage 35 of 35 To: PUP Committee From: Reuben Bergsten, Utilities Engineer Date: 13 January 2011 RE: Financial Software Upgrade Background: The Town's current financial software, NAVILINE Series®, was purchased in 1992. It is a very robust system that has served the Town for more than 18years with very few changes. Many hardware and software advances have been made over the last 18 years creating barriers to productivity and cost savings. For example, a NAVILINE server replacement is $35k as compared to a standard server cost of $7k. Compatibility problems between NAVILINE and current internet and PC applications result in duplication of data entry and lost opportunities in electronic customer services. In March of 2010, Administration requested a committee be formed to consider alternatives. There was a consensus to upgrade the existing software which led to negotiations with Sungard Public Sector. Using a five-year cost of ownership for the existing system, the Town was able to negotiate a price which does not exceed our current annual costs while enabling new modules to be added when available. The five-year cost of doing nothing includes annual maintenance fees and hardware replacement costs totaling $339,168. The negotiated five-year price for Sungard's OneSolution® is $292,367 which includes maintaining our existing system, hardware for the new system and migration services. The new software and hardware platform will enable the Town to take advantage of additional software modules as they become available. Budget: 625-2500-425.26-33, DATA PROCESSING EQUIPMENT, $34,400.00 502-7001-580.33-33, DATA PROCESSING EQUIPMENT, $53,667.12 Recommendation: I recommend upgrading to the Sungard One Solution package, for a cost of $88,067.12, to the Town Board, to be included on the Consent Agenda at the January 25, 2010, Town Board meeting. IT Memo LIGHT & POWER Report To: PUP Committee From: Todd Steichen, Line Superintendent Date: January 13, 2010 RE: Light & Power Update Background: On New Year’s Eve, Light & Power customers serviced by the (4) circuits out of the Mary’s Lake Substation experienced a power outage lasting anywhere from 2 to 5 hours. The outage began at approximately 5:30 pm and was caused by a combination of events. Circuit load imbalances led to a relay tripping which opened the circuit switchers de-energizing the Substation Transformers. With our seasonal loads it is very hard to keep our system balanced year round within the 10% bandwidth the relay was set at. (Industry standard is 10% to 20%) With the extremely cold temperatures and increased electric loads due to the holiday, we experienced a new peak load, exceeding 26.6 megawatts. Our last system peak was 25.1 MW. In addition, we switched some of the load from the Fish Creek circuit (E.P. Substation) to the Allenspark circuit (Mary’s Lake Substation) late Wednesday 12- 29-2010 due to a dig-in by our contractor. They damaged an underground primary cable just south of the Uplands on the Fish Creek circuit. This required the switching and along with the peak loads caused the load imbalances beyond its 10% bandwidth settings. It was determined that it would be faster to have Platte River Power Authority adjust the relay bandwidth settings to 20% and re-energize the Mary’s Lake Substation than to transfer all the load over to the Estes Park Substation. After the relay setting had been adjusted and the Substation Transformers were re- energized we started picking up load slowly. This is standard practice when dealing with cold load pickup which can be as high as 7 times the normal load. Most customers were without power for 2.5 hours while a few were out for up to 5 hours due to some cold load pickup issues in the field. ENGINEERING Report s To: PUP Committee From: Scott A. Zurn, PE, CFPM Date: January 13, 2010 RE: Transportation Hub Funding Background: In 2003, the Transportation Alternatives Study by Felsburg, Holt and Ullevig, contained a variety of recommendations to alleviate congestion and parking problems in Estes Park, including the development of a transportation hub at Stanley Park. In the spring of 2009, there was an opportunity to apply for American Recovery and Reinvestment Act (ARRA) funding for this project. Due to the tight ARRA application deadline, staff had two weeks to apply; David Evans Associates (DEA) of Denver created the preliminary design for $27,241. DEA is recognized by the Colorado Department of Transportation (CDOT) and the Federal Highwa ys Administration as an expert in the field of transit design. DEA’s design scope included the assumption that necessary drainage and utility relocation work would have already been completed as part of the Multi-Purpose Events Center (MPEC) construction which was originally scheduled to take place prior to the Transportation Hub project. With those considerations, DEA’s bidding documents estimated the Transportation Hub would cost approximately $1.2 million. The Town was not successful in obtaining ARRA funds, but DEA’s design was used to apply for Colorado Mitigation and Air Quality (CMAQ) grant funding, which the Town did receive in two separate grant awards totally $913,000 in 2010. The CMAQ grants required a local match and in September, 2010, the Town Board authorized $250,000 to be funded from the Community Reinvestment Fund to meet this requirement and to fully fund the project. Since funding to construct the Transportation Hub had now been secured prior to identifying funding for the MPEC, it was necessary to redesign the Transportation Hub to include the utility relocations and drainage facilities. This brought the construction estimate up to approximately $1.437 million, so it was necessary to consider eliminating previously included features such as trees, bus shelters and lighting. In the meantime, staff applied for an additional $245,750 in 2011 grant funding through FASTER Local Transit Program. This award will not require additional matching funds beyond the already budgeted $250,000 . In addition, these funds would allow the Transit Hub construction project to include lighting, bus shelters, and trees as alternates. Funding: Amount Description Source $913,000 CMAQ grant funding (secured) Colorado Department of Transportation (CDOT) $250,000 Local match to CMAQ grants (required)(secured) Community Reinvestment Fund, 201-5400-511.35-52 $274,750 FASTER grant funding (pending) Applied for from CDOT Total projected funding with FASTER grant: 1.437 million Total projected funding without FASTER grant: $1.163 million