HomeMy WebLinkAboutPACKET Town Board 2016-09-13The 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.
The Town of Estes Park will make reasonable accommodations for access to Town
services, programs, and activities and special communication arrangements for persons
with disabilities. Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, September 13, 2016
7:00 p.m.
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 Minutes dated August 23, 2016 and Town Board Study Sessions
dated August 23 and August 30, 2016.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services Committee Minutes dated,
August 25, 2016.
Prepared 08/31/16
* Revised: 09/08/16
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4. Estes Valley Board of Adjustment Minutes dated August 2, 2016.
(acknowledgement only)
2. ACTION ITEMS:
1. RESOLUTION #16-16 FOR SURPRISE SIDEWALK SALE. Director Hinkle.
2. DOWNTOWN PLAN CONSULTANT CONTRACT AWARD.
Item delayed moved to September 27, 2016 meeting.
3. RESOLUTION #XX-16 INTERGOVERNMENTAL AGREEMENT (IGA) WITH
CDOT FOR INSTALLATION OF A DYNAMIC MESSAGE SIGN ON US HWY 36.
Director Muhonen.
4. STORMWATER MASTER PLAN CONTRACT APPROVAL. Manager Ash.
5. ORDINANCE #XX-16 AMENDING MUNICIPAL CODE SECTION 17.66.040-
DEFINITIONS TO ALLOW ADVERTISING SIGNAGE ON TOWN OPERATED
SHUTTLE BUS VEHICLES. Director Hunt.
6. RETENTION OF PETROCK AND FENDEL, P.C. FOR SPECIAL LEGAL
COUNSEL REGARDING WATER MATTER. Attorney White.
3. ADJOURN.
*
*
Town of Estes Park, Larimer County, Colorado, August 23, 2016
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 August 2016.
Present: Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Walker
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
PUBLIC COMMENTS.
John Phipps/Town citizen spoke to the need to maintain the ban on retail marijuana in
the Estes Valley as approved by both the Town Board and the County Commissioners.
Pat Newsom/Town citizen stated the community should be made aware the Board has
begun discussions to allow marijuana dispensaries in Estes Park. She commented on
the increase in crime it would create in the community and the additional strain on the
Police department.
Arthur Messal/Town citizen stated he would support the Loop as it would set in motion
positive change in the community, even though it would not solve much. He would not
support a vote on the issue.
TRUSTEE COMMENTS.
Trustee Nelson commented the Larimer County Open Lands Board would hold their
regular scheduled meeting on August 25, 2016. He thanked Mayor Pro Tem Koenig for
her donation to the upcoming Estes Art District community event.
Mayor Pro Tem Koenig stated the Estes Arts District would host a thank you event for
everyone that participated and supported the arts on August 31, 2016 at the marina.
Mayor Jirsa commented he attend the first Northern Colorado Regional Tourism
Authority meeting with Mike Abbiatti. He stated Mr. Abbiatti has been impressive and
an appropriate appointment for the Town.
Trustee Walker stated the appointment of Scott Webermeier on the Visit Estes Park
Board would end at the end of 2016 and he would be term limited. He would like to
discuss term limits for the VEP Board.
Trustee Norris reminded the citizens that bears are becoming more active. The Estes
Valley Planning Commission discussed the allowance of ADUs, the current number of
ADUs in the valley, how they would help housing, a permitting and inspection process,
and the possibility of unintended rezoning of single-family neighborhoods. The item was
continued to their September meeting for further discussion.
Trustee Martchink commented the Parks Advisory Board held their regular meeting and
was briefed by Lars Sage/Estes Arts District on upcoming activities. Board members
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Board of Trustees – August 23, 2016 – Page 2
Terry Rustin and Meerle Moore have produced articles for the paper addressing art in
public places.
Trustee Holcomb stated the Community Development/Community Services Committee
meeting would be held on August 25 2016 in the Board Room.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 9, 2016 and Town Board Study Session
August 9, 2016.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities & Public Works Committee, August 11, 2016.
4. Transportation Advisory Board Minutes dated July 20, 2016
(acknowledgement only).
5.Parks Advisory Board Minutes dated July 15, 2016 (acknowledgement only).
6. Estes Valley Planning Commission Minutes dated July 19, 2016
(acknowledgement only).
It was moved and seconded (Nelson/Holcomb) to approve the Consent Agenda
Items, and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS (OUTSIDE ENTITIES):
1.LARIMER COUNTY EMERGENCY TELEPHONE AUTHORITY (LETA)
UPDATE ON 911 REDUNDANT SERVICE. Chief Executive Officer Culp
provided the Board with an update on the Authority’s efforts to build
redundancy in 911 service in the Estes Valley. She stated the Town lost 911
services during the 2013 flood due to a lack of redundancy in CenturyLink’s
system. The LETA Board has tried to resolve the 911 redundancy issue
through all means possible without resolve, and has contemplated filing a
formal complaint at the PUC, Governor’s Office, and the Federal
Communication Commission. The LETA Board would like to file the
complaint with the support of its governmental partners. The Board
consensus was to support LETA’s actions to secure redundant 911 service to
the Estes valley.
3. ACTION ITEMS:
1.INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE ESTES
VALLEY RECREATION AND PARK DISTRICT AND THE TOWN OF ESTES
PARK FOR THE ESTES VALLEY COMMUNITY CENTER. Assistant Town
Administrator Machalek stated the proposed IGA provides direction on the
transfer of the existing senior services to the Estes Valley Recreation and Park
District (EVRPD), provides for enhanced services for seniors including
recreational programs, social programs and activities, the transfer of the
existing program coordinators, a unified management and programming of the
Estes Valley Community Center, eliminates the need for ongoing
lease/operating agreements between the Town and the District for the
operations of the Center, and provides Senior Center patrons with seamless
integration into all program offerings at the Center. The agreement also
outlines the distribution of the 1A sales tax funds to the District for the
construction of the Center. Through the agreement $87,784 in development
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Board of Trustees – August 23, 2016 – Page 3
and building fees would be waived, with the District paying for the outsourced
plan reviews in an estimated amount of $49,000.
Board discussion followed with Mayor Pro Tem Koenig stating concern with the
possible phasing of facilities such as the kitchen facilities. She requested the
IGA be amended to include the kitchen in the initial construction phase as well
as one multi-purpose room. Trustee Norris and Holcomb agreed the kitchen
should be included in the base bid and should not become an add-alternate.
Trustee Holcomb questioned if the use of the walking track would be available
for the Senior Center patrons.
Tom Carasello/EVRPD Director confirmed the kitchen and four multi-purpose
rooms have been included in the base bid. He commented the EVRPD Board
held a special meeting to approve the IGA presented and any further delay
would negatively impact the financing and construction of the Center. The
EVRPD Board has not taken formal action on the use of the walking track;
however, he understands the need to allow the use and would discuss it with
the Board.
Administrator Lancaster stated discussions continue with Crossroads on taking
over the Meals on Wheels program and may even occur in 2017. Group meals
are a separate issue and has not been resolved.
Those speaking against the proposed IGA included Marge Gooldy/Town citizen
and Georgia Bihr/Town citizen. Comments included the need to have a kitchen
for meals rather than two pools; the senior voting population was not provided
accurate information during the election; concerned the community cannot
afford the $1 million to operate the Center; the proposed fee schedule would
not permit a large segment of the population to use the Center; and the current
Senior Center provides more than recreational activities, including social
interaction, exercise, mental health, etc. The District does not have the staff to
address the needs of the senior population.
Arthur Messal/Town citizen supports the IGA with the removal of sections 4.2
and 4.3 from the agreement because a Senior Advisory Committee would not
be need. He would request the District add hot tub and sauna facilities.
George Crislip/Senior Center Board member commented the Board would
continue to finance the food services for both the Meals on Wheels program
and food services through 2017. The Board continues to have discussions with
the District on the type of kitchen facilities needed to provide meals brought in
from other commercial kitchens. He requested two members of the Senior
Advisory Board be appointed from the current Estes Park Senior Center Inc.
membership.
It was moved and seconded (Holcomb/Nelson) to approve the
Intergovernmental Agreement between the Estes Valley Recreation and
Park District and the Town of Estes Park for the Estes Valley Community
Center, and it passed unanimously.
A substitute motion was moved and seconded (Koenig/Norris) to approve the
Intergovernmental Agreement with the stipulation the kitchen be built as
presented without modification and completed during the first
construction phase, and the motion was removed by Mayor Pro Tem Koenig
because Mr. Crislip stated the Senior Center Inc. was not concerned with
securing the kitchen as it has been included in the base bid.
2.ESTES VALLEY COMMUNITY CENTER FEE WAIVER REQUEST.
It was moved and seconded (Walker/Holcomb) to approve the few waiver
request for the Community Center at $87,784, and it passed unanimously.
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Board of Trustees – August 23, 2016 – Page 4
3.MORAINE AVENUE BRIDGE REPLACEMENT PROJECT MANAGEMENT
SERVICES – CONTRACT AWARD. Manager Ash stated the Town secured
funding for a project manager through the Department of Local Affairs (DOLA)
to manage the Moraine Avenue bridge replacement project. Two separate
attempts were made to hire a 2-year grant funded employee with no success at
identifying a qualified candidate. The Town received authorization from DOLA
to hire a consultant in lieu of an employee to provide project management
services. Public Works advertised a Request for Qualifications for the project
and one firm responded to the request. Cornerstone Engineering and
Surveying has demonstrated the firm’s ability to provide design services on
bridge/box culvert projects with federal funding and within the CDOT Local
Agency guidelines. The firm possess the experience with permitting, roadway
design, construction bidding, right-of-way acquisition, pedestrian underpass
and trials, and utility relocations. They have added Deere/Ault to the project
team to provide hydrology, hydraulics and floodplain analysis. Staff would
recommend awarding a professional services contract to Cornerstone
Engineering and Surveying to advance the project and meet the grant funding
timelines. The project would improve the water flow through the area but would
not meet the 100-year flood event due to physical restrictions in the area. It
was moved and seconded (Nelson/Holcomb) to approve a professional
services contract with Cornerstone Engineering and Surveying for the
Moraine Avenue Bridge Replacement Project – Project Management
Services for a project cost not to exceed $220,000, and it passed
unanimously.
4.APPROVAL OF MATCHING GRANT FUNDS FOR VISITOR CENTER BANK
STABILIZATION PROJECT. The Estes Valley Watershed Coalition (EVWC),
on behalf of the Town, applied for and was awarded $108,680 in Emergency
Watershed Protection grant funding by the Department of Agriculture Natural
Resources Conservation Services to repair the flood damage. The funds would
be used to stabilize the eroding north bank of the Big Thompson River at the
Estes Park Visitor Center, which was impacted by the 2013 flood resulting in
additional erosion, dangerous access to the river, and potential damage to
trees and structures in the area. The grant requires a 12.5% local match. Staff
requests the approval to spend $13,585 from the Open Space Fund as the
local match. This request was not budgeted for during the 2016 budget
process and would require a budget amendment.
Trustee Nelson stated the Larimer County Open Lands Board would support this
type of work and may be supportive of funding the match.
It was moved and seconded (Holcomb/Nelson) to approve payment to the
EVWC in an amount not to exceed $13,585 upon completion of the flood
damage repair of the north bank of the Big Thompson River at the Visitor
Center, and it passed unanimously.
5.PARK ENTRANCE MUTUAL PIPELINE AND WATER COMPANY
(PEMPWCo) VOLUNTARY WATER SYSTEM TRANSFER AGREEMENT.
Director Bergsten presented the agreement between the Town’s Water
department and PEMPWCo to proceed with the voluntary transfer of the water
system to the Town. The members of the PEMPWCo held a meeting on July 5,
2016 and approved proceeding with the project by a vote of 78% of their
members voting in favor. Bill Pinkham/PEMPWCo member thanked the Water
department staff, Director Bergsten, Ed Schimms/Larimer County and the USDA.
It was moved and seconded (Nelson/Norris) to approve the Park Entrance
Mutual Pipeline and Water Company Voluntary Water System Transfer
Agreement, and it passed unanimously.
6.HONDIUS WATER USERS VOLUNTARY WATER SYSTEM TRANSFER
MEMORANDUM OF UNDERSTANDING (MOU). Director Bergsten stated the
property owners of the Hondius Water Users Association have requested the
Town initiate the process for a voluntary water system transfer to the Town’s
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Board of Trustees – August 23, 2016 – Page 5
Water department. The MOU would provide the Town the authority to apply for
project financing, assist with project execution and the devolution of the system
to the Town. The design and construction is costly and would be paid for by
the property owners served by the current water system. It was moved and
seconded (Koenig/Holcomb) the Hondius Water Users Voluntary Water
System Transfer Memorandum of Understanding, and it passed
unanimously.
7.ORDINANCE #21-16 AMENDING THE ESTES VALLEY DEVELOPMENT
CODE RELATING TO CONCURRENT SUBMITTAL AND TIMING OF
REVIEW SECTION 3.1.E. Mayor Jirsa opened the public hearing. Planner
Chilcott presented the code changes that would remove the requirement that in
all cases variance approvals through the Board of Adjustment must be the last
land use approval for developments. This requirement was approved by the
Town Board in 2014 and the Board requested the process be reviewed in 18-24
months to determine the effectiveness of the code amendment. Staff has
found the disadvantages of the code requirement outweighs the advantages
and creates longer review times for non-complex and/or non-controversial
projects. This requirement can also place a significant financial burden on
applicants. The Community Development Director would still have the ability to
require the review of a variance as the last approval for a development.
Hearing no public comment Mayor Jirsa closed the public hearing. Attorney
White read the Ordinance into the record. It was moved and seconded
(Koenig/Martchink) to approve Ordinance #21-16, and it passed unanimously.
8.RESOLUTION #15-16 TO AFFILIATE THE ESTES PARK POLICE
OFFICERS WITH THE FIRE AND POLICE PENSION ASSOCIATION (FPPA)
FOR RETIREMENT. Director Williamson presented a nonbinding Resolution
that would allow staff to review and assess the affiliation with FPPA retirement
plan and hold an election required by state statute with the sworn Police
Officers. The state statute requires a vote of the membership with a 65%
approval in order to establish FPPA retirement. The Town of Estes Park Police
Officers have been covered by the Statewide Death and Disability Social
Security Supplemental Plan (SWD&D-SS) since the 1980s. This program
provides death and disability benefits only and does not provide retirement
benefits to the employees. The Town established a defined contribution ICMA
retirement plan for all Police department personnel because they did not qualify
for PERA under state statute due to their affiliation with FPPA. A notice from
FPPA was received in August 2015 stating the SWD&D-SS coverage would not
continue for the Town’s sworn Police Officers unless the Town elected to join
the FPPA retirement plan prior to December 31, 2016. If the sworn Police
Officers vote not to join FPPA retirement, the officers would lose their SWD&D-
SS coverage on December 31, 2016 and automatically be affiliated with PERA
for retirement. If the Board approves the Resolution, informational meetings
with HR and FPPA would be established to outline the retirement plan and the
benefits the Police Officers are eligible to receive through the SWD&D-SS plan.
It was moved and seconded (Nelson/Holcomb) to approve Resolution #15-
16, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:00 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado August 23, 2016
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 23rd day of August, 2016.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
Attending:All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Town Attorney White, Director Hudson and Town
Clerk Williamson
Absent:None
Mayor Jirsa called the meeting to order at 4:30 p.m.
FUND BALANCE POLICY.
Administrator Lancaster stated the Board has adopted a fund balance policy requiring a
minimum General Fund balance of 20%. The industry standard for determining the fund
balance percentage is to use the end of year Comprehensive Annual Financial Report.
Bond rating agencies also use this method to measure the financial health of the
organization. The fund balance policy has been interpreted and calculated by staff as it
relates to the General Fund only, includes one-time capital expenditures in the
denominator, includes all unreserved and unassigned fund balance including Tabor
reserves of 3%, excludes any reserved or assigned future fund balance usage, and is
specific to the audited end of year fund balance as of December 31st of each year. Due
to the seasonality of the Town’s sales tax revenue, the actual unrestricted fund balance
fluctuates considerably throughout the year, hitting a low point in the summer. Other
factors affect the fund balance including the lag time when the Town receives sales tax,
45-60 days, after remittance from local businesses to the State Revenue department;
grant revenues; the exclusion of capital projects and grant funded projects from the
calculation of General Fund unrestricted reserves; cash reserves from the General
Fund, Utilities, Special Revenue Funds, and Internal Services funds are pooled into an
aggregated checking account; and the Town maintains property and liability insurance
to provide coverage for significant losses, such as those experienced during the 2013
flood, eliminating the need for the Town to rely on accumulated fund balances to
respond to the losses and damages of the flood. Higher fund balances would reduce
the operating expenditures, thereby reducing services to the citizens. He suggested the
Board consider reserves for other Town funds and outline the guidelines in the fund
balance policy.
Finance Director Hudson presented graphs outlining financial data for 2011-2016 year
to date for General Fund balance by month, percentage of fund balance to total
expenditures and transfers out, and several charts outlining the funding gap and cuts
needed if the Board moved to a 20% fund balance required throughout the year. He
reiterated the fluctuation of the fund balance occurs due to the seasonality and lag in
sales tax collection by the Town causing the fund balance to rise and dip throughout the
year. He stated the end of the year is the most stable financially for most municipal
entities. The industry standard for fund balance and recommendation of CGFOA is two
months of operating reserves measured at the end of the year. In order to maintain a
20% reserve throughout the year, the Town would have to increase reserves by $3.1
million in 2015 and $1.26 million in 2016. This would require a reduction in services to
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Town Board Study Session – August 23, 2016 – Page 2
meet the fund balance requirements. He suggested the Board consider a lower monthly
reserve and a higher annual reserve for the General Fund.
Discussion followed by the Board. Mayor Jirsa stated concern the Town does not have
an adequate safety net to ensure continued services during an emergency and concern
with the inclusion of restricted funds that cannot be used as working capital. He
commented the Town needs to address two different issues related to reserves and
cash flow to ensure the Town covers costs. An appropriate reserve should be
established prior to discussions of the 2017 budget due to the impacts it may have on
available funds for 2017. Trustee Norris would support a monthly minimum to ensure a
reasonable fund balance is maintained in the event of an emergency. Mayor Pro Tem
Koenig suggested the Board consider a tiered approach to increase the fund balance by
either a monthly or annual basis to lessen the impact on making a significant change in
one year. Trustee Nelson would not support a large fund balance and stated he
continues to be comfortable with the current risk associated with the 20% fund balance
determined by the end of year reporting. Trustee Walker would support a month-to-
month fund balance with the exclusion of the Tabor reserves in the calculation.
After further discussion the Board directed staff to recommend a monthly fund balance
and a year end fund balance percentage. Staff would report the monthly fund balance
percentage as part of the monthly dashboard report.
REVENUE ENHANCEMENTS.
Administrator Lancaster stated as a tourist community the Town continues to be
supported largely by sales tax revenue. The municipality has one of the lowest property
tax mil levies in Colorado. He presented the following areas for consideration by the
Board to enhance revenues, including annexation of commercial properties within the
Estes valley, formation of special purpose districts such as DDA, DBA, or URA, fees for
storm water utility, admission fees, or development fees, allowing marijuana
dispensaries, use tax, paid parking and/or move to Home Rule to begin collecting sales
tax locally and increase sales tax collection enforcement. The Town currently has an
agreement with Larimer County to consider annexation of commercial development or a
residential development of five or more units. Other communities have policies in place
that require annexation if a developer wants to obtain governmental utilities or services.
The Town could develop a similar policy. Paid parking can change driver behavior,
encourage the use of outlying parking lots, and be changed seasonally.
Director Hudson provided the Board with an estimated sales tax revenue generated
from the sales of marijuana locally with a low of $111,337, a high of 4490,785 and an
average of $236,498. He stated the Town could include an additional tax on
recreational sales of up to 10% as approved by the voters. The average additional tax
in Colorado has been 3.5%. The Town would become eligible for 15% from the State if
the Town allowed marijuana sales.
Board discussion has been summarized: Trustee Nelson stated paid parking rarely
breaks even with the cost of equipment and enforcement. Mayor Jirsa requested staff
investigate the potential of an IGA with the State for local sales tax enforcement. The
Board requested an executive summary on Home Rule, including the pros and cons.
Trustee Nelson stated the additional revenues from marijuana sales has offset the
additional cost of law enforcement. Trustee Norris stated concern with the eroded
image Estes Park would have as a family friendly destination if marijuana sales are
allowed. Mayor Pro Tem Koenig questioned the Town’s responsibility to the guest
visiting the Town and the federal lands surrounding the Town that prohibit marijuana as
it continues to be a felony at the federal level. Trustee Martchink stated the increase in
revenue from marijuana sales could help fund child care services. Staff suggested the
Town visit a community such as Breckenridge to better understand the impacts the sale
of marijuana has had on the community before moving forward with further action. The
Board requested staff address any possible revenue items prior to the 2017 budget
discussions.
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Town Board Study Session – August 23, 2016 – Page 3
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Trustee Norris read a prepared statement as it relates to Policy Governance sections
1.5.4.A and 2.1.8.8 which states it is the responsibility of the Town Board as a whole to
identify and prioritize projects for the Town staff, and decisions concerning a substantial
policy determination and/or a controversial nature shall be the responsibility of the full
Board. He commented the Board began investigating the desirability of moving two
different Town services to other organizations in the past three months, including the
transferring of Senior Services operations to the Estes Valley Recreation and Park
District with the full involvement of the Board, and more recently the investigation of
transferring the Estes Park Police Dispatch services to the Larimer County Sheriff’s
Office at the Mayor’s request. He stated concern that the transferring of dispatch
services has not been discussed by the full Board or agreed by the Board to move
forward with investigating the option. He requested the Board follow their Policy
Governance guidelines and discuss the matter with the entire Board and receive public
input on the issue before any additional action is taken. Town Board members Nelson,
Holcomb and Martchink agreed the item should be brought forward for discussion by
the Board prior to further investigation. Mayor Jirsa commented the Board has nothing
to discuss at this point in time and Administrator Lancaster was asked only to inquiry as
to the possibility of outsourcing dispatch. Trustee Walker agreed there was no policy
breach because staff has only requested information and no action has been taken.
Trustee Martchink stated the Town of Breckenridge’s Community Development
department has invited the Town to visit their community to better understand how they
have addressed child care and housing in their community.
Administrator Lancaster stated Director Hudson has suggested the Town consider a
lease purchase agreement to fund the additional floors for the parking structure at the
Visitor Center. The $435,000 obligated to the Street Improvement Plan (STIP) annually
could be used to fund the 15-year lease payments. Building the full parking garage
could save approximately $1 million and increase the potential contractors interested in
the project. The Board consensus was to move forward with investigating the option.
FUTURE STUDY SESSION AGENDA ITEMS.
None.
There being no further business, Mayor Jirsa adjourned the meeting at 6:45 p.m.
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado August 30, 2016
Minutes of a Joint Study Session meeting of the TOWN BOARD,
LARIMER COUNTY COMMISSION AND ESTES VALLEY PLANNING
COMMISSION of the Town of Estes Park, Larimer County, Colorado.
Meeting held at Town Hall in the Board Room in said Town of Estes Park
on the 30th day of August, 2016.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
County Commission: Chair Donnelly, Commissioner Gaiter and Commissioner
Johnson
Planning Commission: Commissioners Hills, Hull, Klink, Moon, Murphree,
Schneider, and White
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, County Manager Hoffman, Attorney White, Code
Enforcement Officer Hardin, County Planner Whitley, County
Community Development Director Gilbert, Community
Development Director Hunt, Senior Planner Chilcott and
Town Clerk Williamson
Absent: None
Meeting was called to order at 8:00 p.m.
VACATION RENTAL TASK FORCE RECOMMENDATION PRESENTATION.
The meeting between Town Board, County Commissioners and Estes Valley Planning
Commission was held to discuss the Vacation Rental Task Force recommendations for
vacation homes of nine or more. Larimer County Community Development Director
Terry Gilbert reviewed the process used by the Task Force in considering each
recommendation item. During the Task Force process, the method of determining the
recommendations from the Task Force was changed, from a “Informed Consent/Unified
Decision” process to a voting (head count) process. This caused some delay and
added one additional meeting on August 3, 2016. A total of 18 items were discussed
with 15 items coming forward with unanimous recommendations from the Task Force.
The Task Force could not reach a recommendation on two of the items. Neighborhood
character was determined to be an item the Board of Trustees and the Board of County
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Town Board Study Session – August 30, 2016 – Page 2
Commissioners would need to determine during their final approval or denial of an
application. A key issue of concern discussed by the Task Force was the lack of
enforcement of the current land use regulations and whether enforcement was going to
continue to be an issue. The Task Force would recommend the Board of Trustees and
Board of County Commissioners modify the Building Codes to be consistent in how
vacation rentals, for those that have occupancy of nine and above, are regulated.
Task Force Recommendations have been outlined below:
Occupancy – Each home would be limited to two per bedroom plus two.
Traffic Limitations – No additional traffic requirements in areas adjacent to
vacation rentals.
Speed Limits – No additional speed limit requirements in areas adjacent to
vacation rentals.
Establishing Bedroom Count – Staff has begun the review of both the Assessor’s
records and the Building records to establish the number of legal bedrooms that
can be permitted.
Inspections – All normal land use, building, health, fire, etc. inspections to be
completed and no annual inspections would be required.
Grandfathering – All vacation homes existing as of July 1, 2016 with the capacity
of nine or more per the established guidelines of two per bedroom plus two would
be grandfathered as it relates to the following: lot size of less than one acre and
setbacks of less than 25 feet. All vacation homes of nine or more would have to
submit an application within 30 days of the final adoption of the new regulations
in order to be grandfathered from the new minimum lot size and setback
requirements.
Location Requirements – Vacation homes of nine or more would be allowed in
the same zoning district as the eight and under. Restrictions would include the
minimum lot size of one acre lot and minimum setbacks of 25 foot setbacks or
the zoning district setbacks, whichever would be greater.
Parking – The current Estes Valley Development Code language in Section
5.2.B.2.e.6 (a) & (b) would be used to determine the number of cars allowed to
be parked outside. This number would be dependent on the acreage of the lot.
A variance to the parking requirements would need to be added to the application
in order for more vehicles to be parked on the lot than allowed by code.
Renter Notification Requirements – A posting in the home for both nine and
above and eight and under was recommended to include physical address,
license/permit number, owner/manager contact information, important local
contact information (police, fire, etc.), maximum occupancy, visitor/daily use
occupancy, parking limits, location of fire extinguisher, trash disposal, noise
ordinance regulations, wildlife safety/protection, pet regulations/safety, exterior
lighting, property boundary identified via a map or marking of the boundary
corners, trespassing laws of Colorado, fire alarms/carbon monoxide detectors,
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Town Board Study Session – August 30, 2016 – Page 3
proper disposal of cigarettes or other smoking devices, and no weddings or
wedding related groups, large groups, parties, etc.
Noise Requirements – The current noise ordinances would apply and no
additional requirements limiting use or time of use for outside activities would be
required.
Minimum Age Requirement for Occupancy – All occupants, regardless of age,
would be counted toward the two per bedroom plus two.
Proof of Insurance – No proof of insurance would be required for vacation
homes.
Liability to Protect Neighbors – No requirement for liability signoff by renters to
protect adjacent property owners would be required.
Local Contact Requirement for Manager/Owner - The application shall designate
a local resident or property manager of the Estes Valley who can be contacted by
phone and be available twenty-four hours per day, with regard to any violation.
The local contact or property manager shall respond to complaints within thirty
minutes. The requirement should be the same for eight and under.
Approval Process – Utilize the current Special Review process outlined in the
Estes Valley Development Code and develop a streamlined process for approval
by the appropriate governing board with a public hearing.
Items the Task force could not resolve and bring forward a recommendation include the
following:
Number of Vacation Home per Neighborhood – The Task Force considered a
motion to not establish a limit on the number of vacation rentals in a
neighborhood and it did not pass. Those not in favor of the motion stated
concern with the lack of enforcement and the change in the character of the
neighborhood without a limit.
Maximum Occupancy – The Task Force confirmed there should be a maximum
occupancy but was not able to establish consensus on the maximum. Through
multiple motions and discussions, the highest maximum limit discussed was 20
occupants and the lowest maximum was 10. Concerns were raised in relation to
the lack of enforcement, higher occupancy could lead to defacto rezoning of
residential properties to commercial zoning, no mechanism in place to prevent
current two and three bedroom homes from being renovated to include additional
bedrooms and create large nine and above vacation rentals, and how many high
occupancy vacation rentals should be allowed in close proximity before the
neighborhood character would be negatively impacted.
Staff requested direction from the Town Board and County Commissioners on whether
or not to move forward with drafting code language to address the items outlined by the
Task Force. If the items are to move forward, staff would prepare draft language for the
Planning Commission to review at their October 18, 2016 meeting and recommend to
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Town Board Study Session – August 30, 2016 – Page 4
the Town Board and County Commissioners during a joint public hearing on November
17, 2016.
DISCUSSION OF RECOMMENDATIONS.
Discussion followed by the elected officials and Planning Commission members on the
recommendations and has been summarized: There was significant confusion on the
need/purpose for grandfathering of nine or more, how they would be identified, and the
impact the grandfathering would have; how the Town and the County would address the
enforcement issue; questioned the justification for a Special Review process and
suggested the Special Review process once a violation had occurred at a vacation
home; a qualifier needs to be established for the maximum number of occupancy;
questioned why accommodation properties were not speaking out against the
establishment of larger vacation homes because these homes directly compete with
accommodation businesses, yet do not have to meet the same requirements related to
fire codes, ADA requirements, parking limits, landscaping, etc.; enforcement needs to
be improved with the addition of software such as iCompass to provide a 24/7 violation
hotline; and property managers need to be local and accountable if they do not respond
to a complaint.
DIRECTION TO STAFF.
Comments from the group were heard and have been summarized: Commissioner
Gaiter stated the Special Review process provides a mechanism to address vacation
homes with violations through a show cause hearing and allows for the permit to be
revoked. The new regulations provide a framework for which both the Town and
County can begin to enforce violations. Commissioner Johnson agreed. He stated
concerns with the grandfathering and the need to protect neighborhoods from the
proliferation of vacation homes. He requested staff develop code language for the
Planning Commission and governing bodies to review individually. Commissioner
Donnelly commented on the good work of the Task Force and was pleased a number of
the recommendations came forward with consensus. He agreed the individual Boards
should review the recommendations and evaluate the issues individually. Trustee
Norris stated concern with changes in some neighborhoods that have become defacto
accommodation zoning district due to the number of vacation homes in the area. He
agreed the grandfathering issue needs work, review the implementation of iCompass to
improve code enforcement, address occupancy limits and develop improved criteria for
Special Reviews.
Community Development Director Hunt stated staff would develop code language to
address the approved recommendations of the Task Force; however, staff would
require additional time. He recommended bringing forward draft language for the
Planning Commission to review at their November meeting. Planning Commissioner
Moon suggested intermediate study sessions be held during the next two months to
discuss and review proposed code language prior to the November Planning
Commission meeting.
16
Town Board Study Session – August 30, 2016 – Page 5
Administrator Lancaster provided a review of the next steps, including staff to draft code
amendments on approved recommendations for nine and above and incorporate
change for eight and under to insure consistency; undecided items would remain
unaddressed until future discussion and direction is provided by the elected bodies;
draft language would be reviewed by the Planning Commission in study sessions; staff
would redraft language based on comments and discussions by Planning Commission;
final draft language would be forwarded to the Town Board and County Commissioners
for independent review and revision; Town and County staff would meet to discuss the
changes and recommendations to address any differences; Planning Commission to
review the final revised code language; and once a final recommendation has been
provided by Planning Commission the code amendments would be presented to the
Town Board and County Commissioners for final adoption.
VACATION RENTAL TASK FORCE RECOMMENDATIONS ON ENFORCEMENT.
Ed Peterson/Town citizen and Task Force member reviewed a prepared statement
outlining recommendations for enforcement. He stated there are few complaints in
comparison to the number of vacation rentals in the valley. County Sheriff Justin Smith
spoke to the Task Force and assured the group his Deputies would enforce the County
noise ordinance and other zoning issues related to parking, occupancy and permitting.
He commented guests need to be held accountable for their disregard to reasonable
regulations. Recommended enforcement actions would include a $5,000 fine for
properties not properly licensed/permitted by September 15, 2016 and a second offense
would be an additional $5,000 fine and the property would not be allowed to operate for
one year; a failure to list your license/permit number on advertising would be a warning
for the 1st offense and fines thereafter; noise violations would be a spot fine to the
subject renter; parking violations would be a spot fine to the subject renter; and hold
managers and owners accountable if they are not responding to guest violations in a
timely manner. He stated 70% of the Task Force would recommend counting
individuals over the age two toward the occupancy limit. The Task Force strongly
encourages the Town and County to contract with a 24/7 hotline service. The vacation
rental owners and neighbors would request a representative of each have a role in
developing the new regulations as they have a good working understanding of the
industry.
Jeannie Haag/County Attorney reviewed the legalities related to the County’s
ability/inability to levy fines for items such as a violation to the noise ordinance, number
of cars, occupancy, etc.
There being no further business, Mayor Jirsa adjourned the meeting at 10:00 p.m.
17
Town Board Study Session – August 30, 2016 – Page 6
Jackie Williamson, Town Clerk
18
Town of Estes Park, Larimer County, Colorado, August 25, 2016
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 August, 2016.
Committee: Chair Walker, Trustees Holcomb and Norris
Attending: Chair Walker, Trustees Holcomb and Norris
Also Attending: Assistant Town Administrator Machalek, Directors Hinkle,
Hunt, and Fortini, Manager Lynch, Coordinators Benes and
Johnson and Recording Secretary Doering
Absent: Town Administrator Lancaster
Chair Walker called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
CULTURAL SERVICES.
REPORTS.
Verbal Updates and Committee Questions – Museum Director Fortini reported the
collections facility final rendering should be completed by September 1, at a
minimum the street scape would be available. A public event and kickoff party for the
fundraising efforts would be held at the Stanley Hotel Concert Hall on September 18
with an unveiling of the design along with several other events. He reported the quiet
fundraising efforts are going well.
COMMUNITY SERVICES.
RESOLUTION FOR SURPRISE SIDEWALK SALE. Director Hinkle presented a
Resolution for the Surprise Sidewalk Sale on October 8 and 9 to approve a variance to
the Municipal Code to allow for signage and to the Development Code to allow
merchandise to be displayed outside in the downtown corridor. Trustee Walker
questioned the possibility of approving a three-year variance so this would not need to
be discussed every year. Director Hinkle agreed this would be beneficial as he does this
twice a year. Assistant Town Administrator Machalek stated he would discuss the option
with Attorney White and if statutorily allowed a three-year variance would be presented
to the Town Board at the September 13 Town Board meeting. The Committee
recommended the approval of the Resolution as an Action Item at the September
19
Community Development / Community Services – August 25, 2016 – Page 2
13, 2016 Town Board Meeting.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Event Update - Coordinators Benes and Johnson updated the Committee on past
and upcoming events as stated in the packet. Elkfest has a new logo this year, with
50 vendors to date, and an increase in vendor fees. Coordinator Johnson stated
staff would hold discussions with REI at the Stanley about their possible involvement
in Elkfest. Winefest was coordinated by a local winery. The event was sold out with
200 walkups on Saturday because of the exposure in Bond Park. Winterfest would
kick off the Town Centennial events. This year the event would include a viewing
room for people who want to watch a football game. Coordinator Johnson provided
an update on recent feedback from the Farmer’s market, stating comments have
been received that the music has been too loud. Prior to this comment there has
been no negative comments, only positive.
Sales and Marketing Report – Manager Lynch stated she continues to work on two
major bookings, USA Gymnastics level 8 championship in April 2017 with an
audience size of 2500-3000, and Ram Katha, a spiritual retreat. An Indian Dignitary
from India would be in attendance with approximately 1000-1500 attending the 9-day
event. The ticketed event would be televised.
Committee Questions and verbal update - Trustee Walker questioned if event
locations are competing against each other, and if what the Town offers is affecting
bookings, rather than advertising. Manager Lynch stated the main issue continues to
be the lack of onsite housing near the Event Center in booking conferences. For this
reason, Manager Lynch has focused on other events that fit the amenities offered by
the Event Center. Trustees Holcomb stated concern with the deficit of the Event
Center and questioned if a profitability analysis has been completed for events.
Director Hinkle commented staff is considering increasing revenues, looking at
expenses, and evaluating current events and the impact of each. This information
would be part of the budget discussions this fall. Manager Lynch and Director Hinkle
commented staff continues to work on standardizing event contracts for public
ticketed events, commercial private events and a local non-profit events, all with
specific pricing guidelines.
Shuttle Update – Coordinator Wells stated ridership in August would likely exceed
past totals. The Brown route continues to grow and the Gold route is ahead of last
year.
Committee Questions and verbal update - Coordinator Wells stated per rider cost
would be approximately $3.00 and purchasing over leasing buses would keep costs
down. Information regarding expanding service would be included in the budget
meeting. Coordinator Wells also stated more locals are utilizing the shuttle service.
20
Community Development / Community Services – August 25, 2016 – Page 3
COMMUNITY DEVELOPMENT
SIGN CODE AMENDMENT FOR SHUTTLE BUSES.. Director Hunt presented
amendments to the Sign Code that would allow advertising to be displayed on the
Town run shuttle buses. Interest in advertising has been expressed at several
points, with the possibility to recouping operating costs for the shuttles. The
amendment would allow any public transportation vehicle operated by the Town of
Estes Park and that runs on a schedule to display advertising. Discussion amongst
the committee ensued as to whether or not the code amendment would apply to in
both the Town limits and County; would the County Commissioners need to approve
the routes; and has the potential revenue been determined. Staff would confer with
Attorney White on the impacts the proposed changes might have in relation to
County regulations. Coordinator Wells stated the Sign Code as well as logistics of
how each bus is used must be considered before rates and revenues could be
determined.
The Committee recommended the approval of the proposed amendments to
the Sign as an Action Item at the September 13, 2016 Town Board Meeting.
There being no further business, Chair Walker adjourned the meeting at 8:41 a.m.
________________________________
Tami Doering, Recording Secretary
21
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
August 2, 2016 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair John Lynch, Vice-Chair Wayne Newsom, Members Pete Smith, Jeff
Moreau, John Lynch, and one vacancy
Attending: Chair Lynch, Members Newsom, Moreau, and Smith
Also Attending: Planner Audem Gonzales, Recording Secretary Thompson
Absent: Member Moreau
Chair Lynch called the meeting to order at 9:00 a.m. There were five people in
attendance. He introduced the Board members and staff.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
1. PUBLIC COMMENT
None.
2. CONSENT AGENDA
Approval of minutes dated June 7, 2016.
Approval of minutes dated July 12, 2016.
It was moved and seconded (Smith/Moreau) to approve the Consent Agenda as
presented and the motion passed 4-0 with one vacancy.
3. METES & BOUNDS PARCEL, 1337 CLARA DRIVE, TEMPLE RESIDENCE
VARIANCE
Planner Gonzales reviewed the staff report. He stated the applicants, Jim and
Linda Temple, requested a variance from EVDC Section 4.3, Table 4-2, which
requires 50-foot setbacks in the RE–Rural Estate zone district. The applicant
desires to encroach 20 feet into the setback to construct a proposed detached two-
car garage with a carport. The proposed structure would be approximately 1200
square feet located on the east side of the existing residence. The existing
residence is a legal non-conforming accessory dwelling unit (ADU). The lot is
approximately 4.38 acres in size, which substantially meets the 2.5 acre minimum
lot size for this zone district.
DRAFT
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
August 2, 2016
Planner Gonzales stated the application was routed to all affected agencies. No
major comments or concerns were received. A legal notice was published in the
local newspaper, and notices were mailed to adjacent property owners. Again, no
comments were received.
Staff Findings
1. Special circumstances or conditions exist:
Staff found the property has significant rock outcroppings, and putting the garage
outside the setback would require blasting. Further east, there is an existing single
family home and a small cabin. With the variance, the garage would be located
approximately 38 feet from the single-family dwelling. Locating the proposed
garage on the west side of the ADU would require excessive rock blasting and
potentially affect a key drainage area on the site. The north portion of the lot would
be a very challenging site in regards to topography and natural features.
2. In determining “practical difficulty”:
a. Whether there can be any beneficial use of the property without the variance;
Staff found the existing ADU can be used without a detached garage. The lot
size allows up to approximately 3,000 square feet of gross floor area of
accessory uses. The proposed accessory use is allowed on the property. In
order to avoid a main drainage feature on the site and rock blasting, the
applicant proposes to place the building on the east side of the existing ADU,
30 feet from the east property line versus the 50 feet required. The structure
also proposes to utilize the existing driveway on the site.
b. Whether the variance is substantial;
Staff found the variance is not substantial in regard to the level of deviation
requested. The deviation from Code standards would be a 40% deviation. The
Board of Adjustment is the decision-making body for requests over 25%.
c. Whether the essential character of the neighborhood would be substantially
altered or whether adjoining properties would suffer a substantial detriment as a
result of the variance:
Staff found the single-family character of the neighborhood would not be
substantially altered, and the adjoining properties would not suffer a detriment.
The property to the east of the subject property is developed with a single-
family home and a small cabin, which is located eight feet from the property
line. The small cabin would be located approximately 38 feet from the proposed
garage at 1337 Clara Drive. Staff found several homes and small structures
have been built within the 50-foot required setback in this neighborhood. These
structures were most likely built prior to setback regulations and are considered
legal non-conforming structures.
d. Whether the variance would adversely affect the delivery of public services such
as water and sewer; DRAFT
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
August 2, 2016
Staff found approval of this variance would not have any effect on public
services such as water and sewer.
e. Whether the applicant purchased the property with knowledge of the
requirement;
Staff found the applicant purchased the property in 2012. The RE–Rural Estate
zone district setback requirements were in effect at the time of purchase.
f. Whether the applicant’s predicament can be mitigated through some method
other than a variance;
Staff finds this is the only practical method to construct this building at this
location.
3. If authorized, a variance shall represent the least deviation from the regulations
that will afford relief:
Staff found the conditions of this application are not general. They are specific to
this property, size, and orientation.
4. In granting such variances, the BOA may require such conditions that will, in its
independent judgement, secure substantially the objectives of the standard so
varied or modified.
Staff found no reduction in lot size or increase in number of lots proposed by this
variance request.
5. If authorized, a variance shall represent the least deviation from the regulations
that will afford relief.
Staff found the new structure appears to be a reasonable development proposal
and aims to make a practical decision in the placement of the building. This
variance would represent the least deviation from Code that will afford relief.
6. Under no circumstances shall the BOA grant a variance to allow a use not
permitted, or a use expressly or by implication prohibited under the terms of this
Code for the zone district containing the property for which the variance is sought.
Staff found the variance does not propose a non-permitted or prohibited use.
7. In granting such variances, the BOA may require such conditions that will, in its
independent judgment, secure substantially the objectives of the standard so
varied or modified.
Staff found a setback certificate shall be provided to Staff for review to verify
compliance with the approved variance for the detached garage.
Planner Gonzales stated staff recommended approval of the variance request with
one condition of approval, listed below.
Member and Staff Discussion
Planner Gonzales stated the applicant was not present.
Member Newsom stated the gate was locked and he was unable to access the
property. He questioned why the garage couldn’t be located closer to the house. DRAFT
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 4
August 2, 2016
Planner Gonzales stated there are many rock outcroppings that would require
blasting. Member Moreau stated blasting would still be required. Member Smith
stated he thought the garage could be located closer to the house. Member Lynch
stated the buildings were constructed in the early 1900s, and the proposed location
would not be detrimental to the adjacent property owners, as the property is over
four acres in size. There was discussion about the proposed location and the
effects of the rock outcroppings.
Planner Gonzales stated the Board could vote to continue the meeting to allow the
applicant to attend and let the members know if testing has been done to locate the
bedrock on the site. Director Hunt stated it would be appropriate to continue the
meeting so the applicant could speak to the Board.
Public Comment
None.
Condition of Approval
1. A setback certificate shall be provided to Community Development Staff to
verify compliance with the approved variance for the detached garage.
It was moved and seconded (Moreau/Smith) to continue the variance
application to the next meeting in order for the applicant to be present and
the motion passed unanimously with one vacancy.
4. LOT 2, ESTES PARK SCHOOLS SUBDIVISION, 650 COMMUNITY DRIVE,
ESTES VALLEY COMMUNITY CENTER VARIANCE
Planner McCool reviewed the staff report. She stated the variance request was
from EVDC Section 4.4, Table 4-5, Density and Dimensional Standards, which has
a maximum height limit of 30 feet. The request is to exceed the 30-foot height limit
by just over one foot (1’- 3/8”) to accommodate a defined main entry to the
community center building. The 6.49 acre site is located at the corner of
Community Drive and Manford Avenue, with a slope to the north. The property is
zone CO–Commercial Outyling, and previously contained the old elementary
school. The proposal includes a publicly-owned community center, approximately
66,000 square feet in size, and incorporates the existing 12,552 square foot
aquatics center.
Planner McCool stated there have been other development review decisions
concerning this project. A Development Plan was approved by the Estes Valley
Planning Commission on July 19, 2016. There was one condition of approval with
that decision; the requirement to construct a sidewalk on the Manford Avenue side
of the property. The applicant received approval of a Minor Subdivision Plat by the DRAFT
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 5
August 2, 2016
Town board on July 26, 2016. This application created two lots, one containing the
existing school buildings and the other to accommodate the proposed community
center. The final application is for the height variance. The variance application
was routed to all affected agencies and adjacent property owners and a legal
notice was published in the local newspaper. No significant comments were
received.
Planner McCool stated the defined main entry of the building, as planned, would
exceed the height limit. The area where the main entry would be most visible would
be along Community Drive. The extended height makes up only 20 feet of the
entire building frontage, and will be difficult to discern if you are walking or driving
by the proposed building. She stated the east side of the building will be the front,
and the building location will be on the interior of the lot. She stated the design of
the proposed community center has gone through many changes, including one
with a height of 15 feet over the 30-foot limit. Today’s application is the result of a
lot of hard work by the applicant and designers.
Staff Findings
1. Special circumstances or conditions exist:
Staff found the subject development includes an adaptive reuse component of the
existing aquatics building, which limits significant grading of the site and promotes
a more environmentally sustainable project, saving both material and energy
resources by using as much of the existing facility as possible. Due to the sloping
nature of the site, the sloping roof above the building entry/lobby protrudes slightly
above allowable limits. The proposed height and materials are consistent with the
existing Aquatics Building structure and surrounding school buildings. As such, the
interior configuration of the building and ability to incorporate the aquatics facility
into the building design, makes it an appropriate location for additional height
slightly beyond that permitted in the Outlying Commercial zone.
Staff finds the proposed development advances several adopted Community-Wide
Policies set forth in the Estes Valley Comprehensive Plan, especially in
consideration of design and breaking up the façade to create visual relief and
stepping down buildings with sloping grades. It also advances community design,
mobility and circulation and economic policies set forth in the Comprehensive Plan.
2. In determining “practical difficulty”:
a. Whether there can be any beneficial use of the property without the variance;
Staff found the proposal includes the redevelopment of the site of the old
elementary school, which was demolished a few years ago. The applicant
proposes to retain the existing Aquatics Building and create a Community
Center addition that steps down with the sloping grade. Decreasing the height
by 1’ - 0 3/8” significantly impacts the sloping grade and proportions of the DRAFT
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 6
August 2, 2016
façade, making development of the Community Center challenging.
Considering that the portion of the roof that is visible to the public will be in
compliance with the building height regulations, staff finds that the current
design meets the intent of the code.
The property could be put to beneficial use without the variance; however,
granting the proposed variance will effectively improve the visual appearance of
the building and will not create a visual obstruction.
b. Whether the variance is substantial;
Staff found the variance request includes a maximum deviation of 1’ – 0 3/8”
above the 30’ height limit, with the greatest height located on the downhill slope
along the eastern building frontage, most visible at the main entry (interior to
the parking area). The new addition will not appear out of scale with the
surrounding form as the peak height of the building will not be visible at the
pedestrian street level. The variance requested is less than a 10% deviation
from requirements, consistent with surrounding form, and is not found to be
substantial.
c. Whether the essential character of the neighborhood would be substantially
altered or whether adjoining properties would suffer a substantial detriment as a
result of the variance:
Staff found the adjoining properties will not be substantially impacted by the
results of the variance. The tallest point of the building is internally-oriented
towards the parking area on the east elevation, with a separation of
approximately 200 feet from the western property line, and accommodates the
sloping roof that creates a defined main entry. The only elevation where the
roof protrusion may be visible to adjoining properties is along Community Drive
(west), but will likely not be seen at the street level. The proposed height is
compatible with surrounding building form.
d. Whether the variance would adversely affect the delivery of public services
such as water and sewer;
Staff found the requested variance would not adversely affect public service
delivery.
e. Whether the applicant purchased the property with knowledge of the
requirement;
Staff found the subject property is owned by the School District. The applicant,
Estes Valley Recreation and Park District, will purchase the property with the
knowledge that a height variance is necessary to construct a quality community
center as proposed.
f. Whether the applicant’s predicament can be mitigated through some method
other than a variance;
Staff found the applicant’s proposal cannot be accommodated through any
other method except a variance. The applicant has explored the possibility of DRAFT
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 7
August 2, 2016
reducing the grade by another foot to accommodate the height, but the 2:12
slope would be a challenge for development and building at this grade would
change the proportions of the building significantly. By reducing the height, the
architectural interest of the building would be lost.
3. No variance shall be granted if the submitted conditions or circumstances affecting
the Applicant’s property are of so general or recurrent a nature as to make
reasonably practicable the formulation of a general regulation for such conditions
or situations.
Staff found the applicant’s request for a variance is due to unique site
characteristics and the adaptive reuse component of this particular project.
Incorporating the existing aquatics building limits the ability to considerably grade
the site, but slopes on the site create a challenge. The applicant has provided
mitigation strategies (consideration of location, architectural enhancements and
varying roof heights) to alleviate potential impacts and improve the overall
appearance of the façade. The conditions of the site are not a commonality, and
are not of so general or recurrent of a nature as to make it reasonable for the
regulation to be changed to accommodate similar circumstances.
4. No variance shall be granted reducing the size of lots contained in an existing or
proposed subdivision if it will result in an increase in the number of lots beyond the
number otherwise permitted for the total subdivision, pursuant to the applicable
zone district regulations.
Staff found the variance request will not result in a reduction in the size of lots
contained in the Estes Park Schools Subdivision.
5. If authorized, a variance shall represent the least deviation from the regulations that
will afford relief.
Staff found the applicant has demonstrated that the lobby/entry can be
accommodated by a minimum height of 31’-0 3/8” or 1’-0 3/8” variation from the 30’
height limit. In order to minimize the height of the entry/lobby area, the applicant
would have to construct further below grade to accommodate the lobby area
design. The applicant has incorporated exterior awnings, a sloped roof, multiple
windows, building variation, and material changes to enhance the appearance of
the building and effectively minimize the additional 1’-0 3/8” in building height along
Community Drive. As such, the proposed architectural design represents the least
variation from the building height requirements that will afford relief, and ensure the
character of the area is maintained.
6. Under no circumstances shall the BOA grant a variance to allow a use not
permitted, or a use expressly or by implication prohibited under the terms of this
Code for the zone district containing the property for which the variance is sought.
The variance requested will not permit a use prohibited or not expressly permitted
in the CO–Commercial Outyling zone district. DRAFT
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 8
August 2, 2016
7. In granting such variances, the BOA may require such conditions that will, in its
independent judgement, secure substantially the objectives of the standard so
varied or modified.
Staff recommends no conditions of approval relating to the building height
variance; however, the Board may set forth conditions of approval to address any
concerns that arise during the public hearing.
Staff and Member Discussion
Member Newsom questioned the need to come before the Board of Adjustment for such a
minor variance. Planner McCool explained staff does not have the authority to grant any
deviations from Code requirements resulting in an increase in building height. As such, all
height variance requests must be reviewed and approved by the Board.
Public Comment
Tom Carosello/applicant stated the school district and recreation district are working on
the conveyance of the property from one entity to the other. He stated they originally
wanted a higher, cathedral-type ceiling, but redesigned the feature to be more in
compliance with the EVDC.
Member Moreau suggested the applicant increase the amount of the variance request to
allow for any minor construction discrepancies. The amount of variance requested seems
too exact for the building process in Estes Park.
Conditions of Approval
1. A height certificate verifying compliance with the variance shall be submitted to the
Community Development Department prior to the issuance of the Certificate of
Occupancy.
It was moved and seconded (Moreau/Smith) to approve the variance request with
the findings and conditions recommended by staff and the motion passed
unanimously with one vacancy.
5. REPORTS
1. Recording Secretary Thompson reported the vacancy on the Board has not yet
been filled by the County.
2. Director Hunt reported he was glad to be in Estes Park and looked forward to
working with the Board members.
There being no other business before the Board, the meeting was adjourned at 9:37
a.m.
DRAFT
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 9
August 2, 2016
___________________________________
John Lynch, Chair
__________________________________
Karen Thompson, Recording Secretary DRAFT
22
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Rob Hinkle, Community Services Director
Date: August 25, 2016
RE: Resolution for Surprise Sidewalk Sale
Objective:
Approve a variance of EVDC, Section 4.D.1.a, and Municipal Code 17.66.170 to allow
the Surprise Sidewalk Sale to operate two weekends per year, beginning on October 8-
9, 2016, and continuing through 2019.
Present Situation:
EVDC, Section 4.D.1.a
Due to the adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts,
Section 4, specifically Paragraph D.1.a. Outdoor Sales, Use, Storage and Activity in the
CD Zoning District, Number (3) Exceptions), it is necessary for the Town Board to
approve a variance to allow this sale to occur.
Proposal:
The Surprise Sidewalk Sale has become a much-anticipated shoulder season event in
Estes Park. The Fall Surprise Sidewalk Sale is October 8 - 9, 2016. The sale is open to
all Estes Park businesses. Businesses that are located out of the downtown area may
reserve a space in Bond Park.
Due to the adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts,
Section 4, specifically Paragraph D.1.a. Outdoor Sales, Use, Storage and Activity in the
CD Zoning District, Number (3) Exceptions), it is necessary for the Town Board to
approve a variance to allow this sale to occur.
Sandwich boards are prohibited in the Estes Park Municipal Code (17.66.170
Community special events signs and Stanley Park special events signs). Staff
recommends allowing these signs as long as they don't encroach in the required four-
foot clearance.
Attached is EVDC, Section 4.D.1.a, Municipal Code 17.66.170 and the proposed
resolution.
23
Action Recommended:
Approval of the variance to allow the Surprise Sidewalk Sale.
Budget:
It is expected to cost approximately $200 in printing fees for posters. This is a budgeted
expense for the Events Department in account 101-5500-455.26-03.
Attachments:
EVDC, Section 4.D.1.a
Municipal Code 17.66.170
Proposed Resolution
24
§4.4 ‐ Nonresidential Zoning Districts
Additional Zoning District Standards. D.
Operational Requirements. 1.
a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District.
(1) Except as may be allowed in paragraph (3) below, all retail sales, displays and
activities and all other uses, storage and activity shall be wholly contained within the
interior of a building or permanent structure.
(2) Retail merchandise shall not be displayed in any way on doors that provide customer
access to a building or on windows that open out onto or over public ways, including
sidewalks, pedestrian paths/trails or permitted outdoor eating/serving area.
(3) Exceptions. Notwithstanding paragraph (1) above, the following outdoor uses, storage
or activity shall be permitted within the CD zoning district:
(a) Municipal uses, provided that such municipal uses are approved by the Board of
Trustees.
(b) Permitted outdoor seating and dining areas (See §5.1.M).
(c) Parking lots as a principal use or parking lots and loading areas as permitted
accessory uses, subject to screening, landscaping and other applicable
requirements set forth in this Code.
(d) Accessory refuse collection areas subject to screening and other applicable
requirements set forth in this Code.
(e) Automated Teller Machine (ATM) and/or interactive kiosks intended to serve
walk-up customers only. ATMs or kiosks shall not obstruct the movement of
pedestrians through plazas, along adjoining sidewalks or through other areas
intended for public usage.
(Ord. 2-06 §1, 6/27/06; Ord. 4-06 §1, 7/25/06)
25
26
17.66.170 - Large-scale community special events signs and Town-sponsored special events signs.
(a) Purpose. The purpose of this Section is to provide for adequate temporary
signage for large-scale community special events where the primary purpose of
the event is to raise funds for local charitable purposes, or to provide for adequate
signage for Town-sponsored special events. Both of these event categories are
characterized by their large-scale production, large attendance and their
prominence as reoccurring annual events of community-wide interest. Events
such as the Longs Peak Scottish- Irish Highland Festival and the Estes Park Duck
Race are examples of large-scale special events.
(b} Application for permit.
(1) Nonprofit associations or organizations or any organization conducting a Town-
sponsored special event may submit an application for temporary on-site and
temporary off-premises signage for an event.
(2) The applicant shall submit a master sign plan. The permit shall be valid for re-
use for an unlimited period of time, provided that there are no significant
changes to the sign copy, size, location and extent of the approved signs.
(c) Standards for review. The Community Development and Special Events
Departments shall review the application for compliance with the standards below
prior to permit issuance:
(1) Zoning Restrictions. Special event signs are allowed within all zoning districts.
(2) Design. Fluorescent colors and reflective surfaces are prohibited on signs.
Reflective colored materials that give the appearance of changing color are
also prohibited. A matte or flat finish is required for all surfaces.
(3) Illumination . Illumination is prohibited.
(4) Town-sponsored special event banners. Town-sponsored special event
banners shall comply with Section 17.66.180 below.
(5) Temporary off-premises signs.
a.Any individual business may publicly display special event posters in
the window of that business without a sign permit, provided that
individual posters do not exceed two (2) square feet in size. Special
event posters, including off-site posters , that do not exceed two (2)
square feet in size are exempt from any regulation and may be freely
displayed without prior Town approval. The sign shall be displayed no
more than six (6) weeks prior to the spec ial event and shall be removed
no later than three (3) days after the event.
b.Staff may approve four (4) additional off-premises signs or banners not to exceed thirty-
six
(36) square feet each upon finding that the signs contribute to the overall
festival atmosphere or theme of the event and that any commercial
advertising message is subordinate to the event message . The signs
shall be displayed no more than s ix (6) weeks prior to the special event
and shall be removed no later than three (3) days after the event.
(6) Temporary on-premises signs.
a.Limit on cumulative sign area. A maximum of one hundred fifty (150)
square feet of total cumulative sign or banner area is allowed.
(Ord. 24-10 §1, 2010; Ord. 18-11 §1, 2011)
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28
RESOLUTION NO. 16-16
WHEREAS, on November 3, 1999, the Board of Trustees adopted the Estes Valley
Development Code (Chapter 4, Zoning Districts, Section 4, specifically paragraph D.1.a
Outdoor Sales, Use, Storage and Activity in the CD Zoning District, Number (3) Exceptions).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
That the following guidelines shall be adopted for the "Surprise Sidewalk Sale Days"
being sponsored by the Community Services Department, Events Division scheduled two
weekends per year, beginning on October 8-9, 2016, and ending in 2019:
1. Hours of operation shall be from 9:00 a.m. - 9:00 p.m.
2. The Sale Weekend is available to all Estes Park businesses.
3. The Sale Weekend will be held rain or shine.
4. Business will be allowed to sell merchandise in front of their stores only during
the hours specified above.
5. Sidewalk displays, including signage, shall provide a minimum clearance of four
feet for pedestrian walkways and handicapped accessibility. Displays and/or
merchandise will not be allowed in any street.
6. Sandwich board signs and other temporary signage are allowed.
7. Those merchants without sidewalk frontage may contact the Events Division at
577-3901 to reserve a space in Bond Park (10x10 space only).
8. Advertising posters will be provided.
9. Each participating business must possess a current Town Business license.
BE IT FURTHER RESOLVED, that every business is urged to participate in this
Surprise Sidewalk Sale Days semi-annual event.
DATED this ______day of______, 2016.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
29
30
PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Greg Muhonen, PE, Public Works Director
Date: September 13, 2016
RE: Resolution #18-16 Entering into an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) pertaining to
Installation of a Dynamic Message Sign on US 36 (N Saint Vrain Ave)
Objective:
The purpose of this request is to obtain a $30,835 payment of Federal Highway
Administration Congestion Mitigation and Air Quality (CMAQ) improvement program
funds through the approval of the attached CDOT Intergovernmental Agreement for the
construction of a permanent electronic dynamic message sign (DMS) on US36 east of
the intersection with 4th Street.
Present Situation:
In 2010-11 the Town and RMNP teamed up to research strategies for using technology
to change visitor travel behavior. The results of this effort are reported in the 2012
report titled “Evaluation of an Intelligent Transportation System for Rocky Mountain
National Park and Estes Park” which documented the effectiveness of temporary
variable message signs in increasing shuttle ridership by 34% through diverting riders
from cars and RV’s to the Town’s free shuttle and the RMNP hiker shuttle.
Also in 2011, the Transit Hub parking lot and shuttle stop was constructed at the
fairgrounds. This $1.4m project was funded with a $913k CMAQ grant to reduce traffic
congestion and improve air quality by redirecting motorists from cars and onto the
shuttles.
Since 2011, the Town has relied on static Park-n-Ride signage to direct visitors to the
Transit Hub lot at the Fairgrounds. Utilization of the Transit Hub shuttle stop has not
lived up to early expectations while traffic congestion in downtown Estes continues to
worsen. This is believed to be partially due to lack of driver awareness of this facility.
In 2015 the Town completed and opened the new Events Complex at the fairgrounds
site. Access to the Events Complex is provided via Manford Avenue on the south and
4th Street on the west. The frequent activities at the Events Complex have changed the
traffic character of 4th Street from a quiet, residential street to a commercial collector
roadway during our busy guest activity season.
31
Proposal:
The PW staff propose to spend $55,850 to install one permanent electronic dynamic
message sign on US36 approximately 900’ east of 4th Street to encourage westbound
visitors on US 36 to park at the Transit Hub instead of downtown. See the attached
aerial map. The daily operating concept for the proposed sign includes 4 elements.
1. Dynamic Message Sign board should provide a minimum of 3 lines of text using 8"
letters and 21 characters per line. The panel would measure approximately 4’ tall
and 10’ wide.
2. Two screens of messaging should toggle approximately every 5 seconds.
3. Directional arrows (left, straight, right) may be needed on each line.
4. A mixture of amber and color text is optional for each line. Anticipated sample
messages include:
Screen 1:
Amber Text Color Text
RMNP PARKING FULL (red) or OPEN (green)
DOWNTOWN PARKING FULL (red) or OPEN (green)
PARKING GARAGE FULL (red) or OPEN (green)
Screen 2:
Amber Text Color Text
<-- FREE SHUTTLE
<-- FREE PARKING
<-- OVERSIZED VEHICLES
<--AUTO/RV/BUS/TRAILER (optional)
CDOT review and approval of the design and construction will be required. Future
operation and maintenance of the sign would be administered by the Town of Estes
Park Public Works Department.
PW staff has applied for additional CMAQ funding to purchase and install two more
electronic DMS boards on CO7 and US34 in 2017.
Advantages:
The mode shift from passenger cars to shuttles for 29 cars/day during the 79 day shuttle
season is calculated to eliminate 45,820 vehicle miles traveled and improve air quality in
Estes by removing 7.6kg/yr of Volatile Organic Compounds (VOC) and 41.9 kg/yr of
Nitrogen Oxide (NOx).
Diverting visitors from cars to shuttles decreases traffic congestion downtown and/or at
RMNP, decreases automobile/pedestrian conflicts, and reduces traffic related noise.
Directing cars and oversize vehicles to park at the Transit Hub reduces demand on
limited downtown and National Park parking spaces and reduces circulation of motorists
prowling for available parking.
32
Placement of the proposed DMS east of 4th Street encourages left turns from US36 at a
location where the road width is sufficient to allow eastbound vehicles to drive around a
stopped, left-turning vehicle destined to the Transit Hub. The Community Drive route is
not recommended because there is no left turn lane on US36 for motorist to refuge in
while waiting for a gap in traffic. One vehicle stopped in the thru lane to make a left turn
can quickly cause long traffic queues on US36 during peak traffic periods. Additionally,
The Community Drive route would direct Transit Hub traffic to Manford Ave where it
would conflict with the primary access to our community public schools.
The DMS creates an opportunity to communicate scarcity of parking downtown and at
RMNP early so the guest can choose to drive directly to available parking at the Transit
Hub.
The DMS can remind drivers of oversize vehicles to park remotely instead of downtown.
Visitors are made aware of the availability of the Town’s free shuttles and RMNP’s free
hiker shuttles.
Large electronic signs allow real-time communication and are considered progressive
and attractive by some folks.
Disadvantages:
A perpetual increase in electronic sign maintenance costs will be incurred by the Town.
Directing Transit Hub traffic to use 4th Street will increase traffic adjacent to an existing
residential neighborhood.
Encouraging left turns on US36 where no formal left turn lanes exist may lead to an
increase in rear-end collisions.
Large electronic signs are considered unsightly by some folks.
Special Use Permits are required from the Bureau of Reclamation and CDOT for the
electrical service to this proposed sign.
Action Recommended:
The Public Works Department recommends the Board of Trustees approve the attached
Resolution #18-16 and authorize the Mayor to sign the IGA on behalf of the Town within
one week of this action.
Budget:
No new budget impact is created. The Town Board appropriated $55,850 (consisting of
$30,835 CMAQ grant funds and $25,015 local funds) from the Community
Reinvestment Fund (CRF) in the adopted 2016 budget for this project.
Level of Public Interest
The level of public interest in this item is expected to be moderate.
33
Sample Motion:
I move for the approval/denial for Resolution #18 -16 and authorize the Mayor to sign
the attached IGA on behalf of the Town within one week of this action.
Attachments:
Resolution #18-16
Intergovernmental Agreement
Aerial Sign Location Map
34
RESOLUTION # 18-16
WHEREAS, CDOT owns and maintains US Highway 36 through the Town of
Estes Park known as N Saint Vrain Avenue; and
WHEREAS, the Town is the recipient of a grant from the Federal Highway
Administration Congestion Mitigation and Air Quality improvement program (the “CMAQ
Grant”) for the purpose of installing a permanent electronic dynamic message sign
board to improve air quality and reduce traffic congestion in Estes Park to Rocky
Mountain National Park (the “Project”); and
WHEREAS, the 2012 report titled “Evaluation of an ITS for RMNP and EP”
documented the effectiveness of temporary variable message signs in diverting
travelers from cars and RV’s to the Town’s free shuttle and the RMNP hiker shuttle; and
WHEREAS, CDOT has agreed to provide funding in the estimated amount of
$30,835 to assist the Town with the construction of the Project; and
WHEREAS, the Town Board appropriated $55,850 (consisting of $30,835 CMAQ
grant funds and $25,015 local funds) from the Community Reinvestment Fund in the
adopted 2016 budget for this project.
NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE
WHICH ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE
BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS
FOLLOWS:
1. The Intergovernmental Agreement (IGA) between the Town of Estes Park and
the Colorado Department of Transportation attached hereto as Exhibit A and
incorporated herein by reference is approved.
2. The Town accepts the CMAQ grant funding described in the IGA and confirms its
commitment to provide the designated local funds to complete this project.
Dated this___________________________, 2016.
______________________________
Mayor
ATTEST:
________________________________________
Town Clerk
35
36
Project:Installation of a VMS Board to direct tourists to parking shuttle (AQC M405-020 (21322))
Region: 4 (DZ) (FMLAWRK) Rev. 7/8/09
TABLE OF CONTENTS
1.PARTIES ................................................................................................................................................ 2
2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY ................................................................... 2
3.RECITALS ............................................................................................................................................. 2
4.DEFINITIONS........................................................................................................................................ 2
5.TERM AND EARLY TERMINATION ................................................................................................. 3
6.SCOPE OF WORK ................................................................................................................................. 3
7.OPTION LETTER MODIFICATION .................................................................................................... 7
8.PAYMENTS ........................................................................................................................................... 7
9.ACCOUNTING ...................................................................................................................................... 9
10.REPORTING - NOTIFICATION ........................................................................................................... 9
11.LOCAL AGENCY RECORDS ............................................................................................................ 10
12.CONFIDENTIAL INFORMATION-STATE RECORDS ................................................................... 10
13.CONFLICT OF INTEREST ................................................................................................................. 11
14.REPRESENTATIONS AND WARRANTIES ..................................................................................... 11
15.INSURANCE........................................................................................................................................ 12
16.DEFAULT-BREACH ........................................................................................................................... 13
17.REMEDIES .......................................................................................................................................... 13
18.NOTICES and REPRESENTATIVES ................................................................................................. 15
19.RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................ 15
20.GOVERNMENTAL IMMUNITY ....................................................................................................... 15
21.STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................................................... 16
22.FEDERAL REQUIREMENTS ............................................................................................................. 16
23.DISADVANTAGED BUSINESS ENTERPRISE (DBE) .................................................................... 16
24.DISPUTES ............................................................................................................................................ 16
25.GENERAL PROVISIONS ................................................................................................................... 17
26.COLORADO SPECIAL PROVISIONS ............................................................................................... 19
27.SIGNATURE PAGE ............................................................................................................................ 21
28.EXHIBIT A – SCOPE OF WORK
29.EXHIBIT B – LOCAL AGENCY RESOLUTION
30.EXHIBIT C – FUNDING PROVISIONS
31.EXHIBIT D – OPTION LETTER
32.EXHIBIT E – LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
33.EXHIBIT F – CERTIFICATION FOR FEDERAL-AID CONTRACTS
34.EXHIBIT G – DISADVANTAGED BUSINESS ENTERPRISE
35.EXHIBIT H – LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
36.EXHIBIT I – FEDERAL-AID CONTRACT PROVISIONS
37.EXHIBIT J – FEDERAL REQUIREMENTS
38.EXHIBIT K – SUPPLEMENTAL FEDERAL PROVISIONS
STATE OF COLORADO
Department of Transportation
Agreement
with
TOWN OF ESTES PARK
37
1.PARTIES
THIS AGREEMENT is entered into by and between TOWN OF ESTES PARK (hereinafter called the “Local
Agency”), and the STATE OF COLORADO acting by and through the Department of Transportation
(hereinafter called the “State” or “CDOT”).
2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or their designee (hereinafter called the “Effective Date”). The State shall not be liable to pay or
reimburse the Local Agency for any performance hereunder, including, but not limited to costs or expenses
incurred, or be bound by any provision hereof prior to the Effective Date.
3.RECITALS
A. Authority, Appropriation, and Approval
Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for payment and the required approval,
clearance and coordination have been accomplished from and with appropriate agencies.
i.Federal Authority
Pursuant to Title I, Subtitle A, Section 1108 of the “Transportation Equity Act for the 21st Century” of
1998 (TEA-21) and/or the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users” (SAFETEA-LU) of 2005 and to applicable provisions of Title 23 of the United
States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be
amended, (collectively referred to hereinafter as the “Federal Provisions”), certain federal funds have
been and are expected to continue to be allocated for transportation projects requested by the Local
Agency and eligible under the Surface Transportation Improvement Program that has been proposed
by the State and approved by the Federal Highway Administration (“FHWA”).
ii. State Authority
Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is
responsible for the general administration and supervision of performance of projects in the Program,
including the administration of federal funds for a Program project performed by a Local Agenc y
under a contract with the State. This Agreement is executed under the authority of CRS §§29-1-203,
43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-104.5.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Agreement.
C. Purpose
The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT’s
Stewardship Agreement with the FHWA.
D. References
All references in this Agreement to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
4.DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Agreement or Contract
“Agreement” or “Contract” means this Agreement, its terms and conditions, attached exhibits, documents
incorporated by reference under the terms of this Agreement, and any future modifying agreements,
exhibits, attachments or references that are incorporated pursuant to Colorado State Fiscal Rules and
Policies.
B. Agreement Funds
“Agreement Funds” means funds payable by the State to Local Agency pursuant to this Agreement.
C. Budget
“Budget” means the budget for the Work described in Exhibit C.
D. Consultant and Contractor
“Consultant” means a professional engineer or designer hired by Local Agency to design the Work and
“Contractor” means the general construction contractor hired by Local Agency to construct the Work.
38
E Evaluation
“Evaluation” means the process of examining the Local Agency’s Work and rating it based on criteria
established in §6 and Exhibits A and E.
F. Exhibits and Other Attachments
The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A (Scope of
Work), Exhibit B (Resolution), Exhibit C (Funding Provisions), Exhibit D (Option Letter), Exhibit E
(Checklist), Exhibit F (Certification for Federal-Aid Funds), Exhibit G (Disadvantaged Business
Enterprise), Exhibit H (Local Agency Procedures), Exhibit I (Federal-Aid Contract Provisions), Exhibit J
(Federal Requirements) and Exhibit K (Supplemental Federal Provisions).
G. Goods
“Goods” means tangible material acquired, produced, or delivered by the Local Agency either separately or
in conjunction with the Services the Local Agency renders hereunder.
H. Oversight
“Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the Federal
Highway Administration (“FHWA”) and as it is defined in the Local Agency Manual.
I. Party or Parties
“Party” means the State or the Local Agency and “Parties” means both the State and the Local Agency
J. Work Budget
Work Budget means the budget described in Exhibit C.
K. Services
“Services” means the required services to be performed by the Local Agency pursuant to this Contract.
L. Work
“Work” means the tasks and activities the Local Agency is required to perform to fulfill its obligations
under this Contract and Exhibits A and E, including the performance of the Services and delivery of the
Goods.
M. Work Product
“Work Product” means the tangible or intangible results of the Local Agency’s Work, including, but not
limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished
documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5.TERM AND EARLY TERMINATION
The Parties’ respective performances under this Agreement shall commence on the Effective Date. This
Agreement shall terminate after five (5) years of state controllers signature in section 27, unless sooner
terminated or completed as demonstrated by final payment and final audit.
6.SCOPE OF WORK
A. Completion
The Local Agency shall complete the Work and other obligations as described herein in Exhibit A. Work
performed prior to the Effective Date or after final acceptance shall not be considered part of the Work.
B. Goods and Services
The Local Agency shall procure Goods and Services necessary to complete the Work. Such procurement
shall be accomplished using the Contract Funds and shall not increase the maximum amount payable
hereunder by the State.
C. Employees
All persons employed hereunder by the Local Agency, or any Consultants or Contractors shall be
considered the Local Agency’s, Consultants’, or Contractors’ employee(s) for all purposes and shall not be
employees of the State for any purpose.
D. State and Local Agency Commitments
i.Design
If the Work includes preliminary design or final design or design work sheets, or special provisions
and estimates (collectively referred to as the “Plans”), the Local Agency shall comply with and be
responsible for satisfying the following requirements:
a) Perform or provide the Plans to the extent required by the nature of the Work.
39
b)Prepare final design in accordance with the requirements of the latest edition of the American
Association of State Highway Transportation Officials (AASHTO) manual or other standard, such
as the Uniform Building Code, as approved by the State.
c)Prepare provisions and estimates in accordance with the most current version of the State’s
Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction or Local Agency specifications if approved by the State.
d)Include details of any required detours in the Plans in order to prevent any interference of the
construction Work and to protect the traveling public.
e)Stamp the Plans produced by a Colorado Registered Professional Engineer.
f)Provide final assembly of Plans and all other necessary documents.
g)Be responsible for the Plans’ accuracy and completeness.
h) Make no further changes in the Plans following the award of the construction contract to
contractor unless agreed to in writing by the Parties. The Plans shall be considered final when
approved in writing by CDOT and when final they shall be incorporated herein.
ii.Local Agency Work
a) Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA),
and applicable federal regulations and standards as contained in the document “ADA Accessibility
Requirements in CDOT Transportation Projects”.
b) Local Agency shall afford the State ample opportunity to review the Plans and make any changes
in the Plans that are directed by the State to comply with FHWA requirements.
c) Local Agency may enter into a contract with a Consultant to perform all or any portion of the
Plans and/or of construction administration. Provided, however, if federal-aid funds are involved
in the cost of such Work to be done by such Consultant, such Consultant contract (and the
performance/provision of the Plans under the contract) must comply with all applicable
requirements of 23 C.F.R. Part 172 and with any procedures implementing those requirements as
provided by the State, including those in Exhibit H. If the Local Agency enters into a contract with
a Consultant for the Work:
(1) Local Agency shall submit a certification that procurement of any Consultant contract
complies with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant
contract, subject to the State’s approval. If not approved by the State, the Local Agency shall
not enter into such Consultant contract.
(2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by
the State and FHWA and that they are in writing. Immediately after the Consultant contract
has been awarded, one copy of the executed Consultant contract and any amendments shall be
submitted to the State.
(3) Local Agency shall require that all billings under the Consultant contract comply with the
State’s standardized billing format. Examples of the billing formats are available from the
CDOT Agreements Office.
(4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the
CDOT procedures described in Exhibit H to administer the Consultant contract.
(5) Local Agency may expedite any CDOT approval of its procurement process and/or
Consultant contract by submitting a letter to CDOT from the Local Agency’s
attorney/authorized representative certifying compliance with Exhibit H and 23 C.F.R.
172.5(b)and (d).
(6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49
CFR 18.36(i) and contains the following language verbatim:
(a) The design work under this Agreement shall be compatible with the requirements of the
contract between the Local Agency and the State (which is incorporated herein by this
reference) for the design/construction of the project. The State is an intended third-party
beneficiary of this agreement for that purpose.
(b) Upon advertisement of the project work for construction, the consultant shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the project.
(c) The consultant shall review the Construction Contractor’s shop drawings for
conformance with the contract documents and compliance with the provisions of the
40
State’s publication, Standard Specifications for Road and Bridge Construction, in
connection with this work.
(d) The State, in its sole discretion, may review construction plans, special provisions and
estimates and may require the Local Agency to make such changes therein as the State
determines necessary to comply with State and FHWA requirements.
iii.Construction
If the Work includes construction, the Local Agency shall perform the construction in accordance with
the approved design plans and/or administer the construction in accordance with Exhibit E. Such
administration shall include Work inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing and inspection
activities; preparing and approving pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing Construction Contractor claims;
construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT
Stewardship Agreement, as described in the Local Agency Contract Administration Checklist.
a)If the Local Agency is performing the Work, the State may, after providing written notice of the
reason for the suspension to the Local Agency, suspend the Work, wholly or in part, due to the
failure of the Local Agency or its Contractor to correct conditions which are unsafe for workers or
for such periods as the State may deem necessary due to unsuitable weather, or for conditions
considered unsuitable for the prosecution of the Work, or for any other condition or reason
deemed by the State to be in the public interest.
b)The Local Agency shall be responsible for the following:
(1) Appointing a qualified professional engineer, licensed in the State of Colorado, as the Local
Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall
administer the Work in accordance with this Agreement, the requirements of the construction
contract and applicable State procedures.
(2) For the construction of the Work, advertising the call for bids upon approval by the State and
awarding the construction contract(s) to the low responsible bidder(s).
(a) All advertising and bid awards, pursuant to this agreement, by the Local Agency shall
comply with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635
and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the
Local Agency and its Contractor shall incorporate Form 1273 (Exhibit I) in its entirety
verbatim into any subcontract(s) for those services as terms and conditions therefore, as
required by 23 C.F.R. 633.102(e).
(b) The Local Agency may accept or reject the proposal of the apparent low bidder for Work
on which competitive bids have been received. The Local Agency must accept or reject
such bid within three (3) working days after they are publicly opened.
(c) As part of accepting bid awards, the Local Agency shall provide additional funds, subject
to their availability and appropriation, necessary to complete the Work if no additional
federal-aid funds are available.
(3) The requirements of this §6(D)(iii)(c)(2) also apply to any advertising and awards made by
the State.
(4) If all or part of the Work is to be accomplished by the Local Agency’s personnel (i.e. by force
account) rather than by a competitive bidding process, the Local Agency shall perform such
work in accordance with pertinent State specifications and requirements of 23 C.F.R. 635,
Subpart B, Force Account Construction.
(a) Such Work will normally be based upon estimated quantities and firm unit prices agreed
to between the Local Agency, the State and FHWA in advance of the Work, as provided
for in 23 C.F.R. 635.204(c). Such agreed unit prices shall constitute a commitment as to
the value of the Work to be performed.
(b) An alternative to the preceding subsection is that the Local Agency may agree to
participate in the Work based on actual costs of labor, equipment rental, materials
supplies and supervision necessary to complete the Work. Where actual costs are used,
eligibility of cost items shall be evaluated for compliance with 48 C.F.R. Part 31.
(c) If the State provides matching funds under this Agreement, rental rates for publicly
owned equipment shall be determined in accordance with the State’s Standard
Specifications for Road and Bridge Construction §109.04.
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(d) All Work being paid under force account shall have prior approval of the State and/or
FHWA and shall not be initiated until the State has issued a written notice to proceed.
E. State’s Commitments
a)The State will perform a final project inspection of the Work as a quality control/assurance activity.
When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212.
b)Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable
or responsible in any manner for the structural design, details or construction of any major structures
designed by, or that are the responsibility of, the Local Agency as identified in the Local Agency
Contract Administration Checklist, Exhibit E.
F. ROW and Acquisition/Relocation
a)If the Local Agency purchases a right of way for a State highway, including areas of influence, the
Local Agency shall immediately convey title to such right of way to CDOT after the Local Agency
obtains title.
b)Any acquisition/relocation activities shall comply with all applicable federal and state statutes and
regulations, including but not limited to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as amended and the Uniform Relocation Assistance and Real
Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 C.F.R. Part
24), CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives.
c)The Parties’ respective compliance responsibilities depend on the level of federal participation;
provided however, that the State always retains Oversight responsibilities.
d)The Parties’ respective responsibilities under each level in CDOT’s Right of Way Manual (located at
http://www.dot.state.co.us/ROW_Manual/) and reimbursement for the levels will be under the
following categories:
(1) Right of way acquisition (3111) for federal participation and non-participation;
(2) Relocation activities, if applicable (3109);
(3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of
way – 3114).
G. Utilities
If necessary, the Local Agency shall be responsible for obtaining the proper clearance or approval from any
utility company which may become involved in the Work. Prior to the Work being advertised for bids, the
Local Agency shall certify in writing to the State that all such clearances have been obtained.
a)Railroads
If the Work involves modification of a railroad company’s facilities and such modification will be
accomplished by the railroad company, the Local Agency shall make timely application to the Public
Utilities commission requesting its order providing for the installation of the proposed improvements
and not proceed with that part of the Work without compliance. The Local Agency shall also establish
contact with the railroad company involved for the purpose of complying with applicable provisions of
23 C.F.R. 646, subpart B, concerning federal-aid projects involving railroad facilities and:
b) Execute an agreement setting out what work is to be accomplished and the location(s) thereof, and
which costs shall be eligible for federal participation.
c)Obtain the railroad’s detailed estimate of the cost of the Work.
d) Establish future maintenance responsibilities for the proposed installation.
e) Proscribe future use or dispositions of the proposed improvements in the event of abandonment or
elimination of a grade crossing.
f) Establish future repair and/or replacement responsibilities in the event of accidental destruction or
damage to the installation.
H. Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements of the current federal and
state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as
applicable.
I. Maintenance Obligations
The Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost
and expense during their useful life, in a manner satisfactory to the State and FHWA, and the Local Agency
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shall provide for such maintenance and operations obligations each year. Such maintenance and operations
shall be conducted in accordance with all applicable statutes, ordinances and regulations pertaining to
maintaining such improvements. The State and FHWA may make periodic inspections to verify that such
improvements are being adequately maintained.
7.OPTION LETTER MODIFICATION
An option letter may be used to add a phase without increasing total budgeted funds, increase or decrease the
encumbrance amount as shown on Exhibit C, and/or transfer funds from one phase to another. Option letter
modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until
signed by the State Controller or an authorized delegate.
A. Option to add a phase and/or increase or decrease the total encumbrance amount.
The State may require the Local Agency to begin a phase that may include Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation
or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original
Agreement, with the total budgeted funds remaining the same. The State may simultaneously increase
and/or decrease the total encumbrance amount by replacing the original funding exhibit (Exhibit C) in the
original Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2,
C-3, etc). The State may exercise this option by providing a fully executed option to the Local Agency
within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to
Exhibit D. If the State exercises this option, the Agreement will be considered to include this option
provision.
B. Option to transfer funds from one phase to another phase.
The State may require or permit the Local Agency to transfer funds from one phase (Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state,
federal, and local match. The original funding exhibit (Exhibit C) in the original Agreement will be
replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.)
and attached to the option letter. The funds transferred from one phase to another are subject to the same
terms and conditions stated in the original Agreement with the total budgeted funds remaining the same.
The State may unilaterally exercise this option by providing a fully executed option to the Local Agency
within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to
Exhibit D. Any transfer of funds from one phase to another is limited to an aggregate maximum of 24.99%
of the original dollar amount of either phase affected by a transfer. A bilateral amendment is required for
any transfer exceeding 24.99% of the original dollar amount of the phase affected by the increase or
decrease.
C. Option to do both Options A and B.
The State may require the Local Agency to add a phase as detailed in Exhibit A, and encumber and
transfer funds from one phase to another. The original funding exhibit (Exhibit C) in the original
Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be
labeled C-2, C-3, etc.) and attached to the option letter. The addition of a phase and encumbrance and
transfer of funds are subject to the same terms and conditions stated in the original Agreement with the
total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a
fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the
phase, in a form substantially equivalent to Exhibit D.
8.PAYMENTS
The State shall, in accordance with the provisions of this §8, pay the Local Agency in the amounts and using the
methods set forth below:
A. Maximum Amount
The maximum amount payable is set forth in Exhibit C as determined by the State from available funds.
Payments to the Local Agency are limited to the unpaid encumbered balance of the Contract set forth in
Exhibit C. The Local Agency shall provide its match share of the costs as evidenced by an appropriate
ordinance/resolution or other authority letter which expressly authorizes the Local Agency the authority to
enter into this Agreement and to expend its match share of the Work. A copy of such ordinance/resolution
or authority letter is attached hereto as Exhibit B.
B. Payment
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i.Advance, Interim and Final Payments
Any advance payment allowed under this Contract or in Exhibit C shall comply with State Fiscal
Rules and be made in accordance with the provisions of this Contract or such Exhibit. The Local
Agency shall initiate any payment requests by submitting invoices to the State in the form and manner
approved by the State.
ii.Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by the Local Agency previously accepted by the State. Uncontested amounts
not paid by the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day
at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall
not accrue on unpaid amounts that are subject to a good faith dispute. The Local Agency shall invoic e
the State separately for accrued interest on delinquent amounts. The billing shall reference the
delinquent payment, the number of days interest to be paid and the interest rate.
iii.Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the State’s current fiscal
year. Therefore, the Local Agency’s compensation beyond the State’s current Fiscal Year is contingent
upon the continuing availability of State appropriations as provided in the Colorado Special Provisions.
The State’s performance hereunder is also contingent upon the continuing availability of federal funds.
Payments pursuant to this Contract shall be made only from available funds encumbered for this
Contract and the State’s liability for such payments shall be limited to the amount remaining of such
encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to
fund this Contract, the State may terminate this Contract immediately, in whole or in part, without
further liability in accordance with the provisions hereof.
iv. Erroneous Payments
At the State’s sole discretion, payments made to the Local Agency in error for any reason, including,
but not limited to overpayments or improper payments, and unexpended or excess funds received by
the Local Agency, may be recovered from the Local Agency by deduction from subsequent payments
under this Contract or other contracts, Agreements or agreements between the State and the Local
Agency or by other appropriate methods and collected as a debt due to the State. Such funds shall not
be paid to any party other than the State.
C. Use of Funds
Contract Funds shall be used only for eligible costs identified herein.
D. Matching Funds
The Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. The Local Agency
shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State
regarding the status of such funds upon request. The Local Agency’s obligation to pay all or any part of any
matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the
purposes of this Agreement by the authorized representatives of the Local Agency and paid into the Local
Agency’s treasury. The Local Agency represents to the State that the amount designated “Local Agency
Matching Funds” in Exhibit C has been legally appropriated for the purpose of this Agreement by its
authorized representatives and paid into its treasury. The Local Agency does not by this Agreement
irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not
intended to create a multiple-fiscal year debt of the Local Agency. The Local Agency shall not pay or be
liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the
Local Agency’s laws or policies.
E. Reimbursement of Local Agency Costs
The State shall reimburse the Local Agency’s allowable c osts, not exceeding the maximum total amount
described in Exhibit C and §8. The applicable principles described in 49 C.F.R. 18 Subpart C and 49
C.F.R. 18.22 shall govern the State’s obligation to reimburse all costs incurred by the Local Agency and
submitted to the State for reimbursement hereunder, and the Local Agency shall comply with all such
principles. The State shall reimburse the Local Agency for the federal-aid share of properly documented
costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and
Exhibit C. However, any costs incurred by the Local Agency prior to the date of FHWA authorization for
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the Work and prior to the Effective Date shall not be reimbursed absent specific FHWA and State
Controller approval thereof. Costs shall be:
i.Reasonable and Necessary
Reasonable and necessary to accomplish the Work and for the Goods and Services provided.
ii.Net Cost
Actual net cost to the Local Agency (i.e. the price paid minus any items of value received by the Local
Agency that reduce the cost actually incurred).
9.ACCOUNTING
The Local Agency shall establish and maintain accounting systems in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme). Such accounting systems shall, at a minimum, provide as follows:
A. Local Agency Performing the Work
If Local Agency is performing the Work, all allowable costs, including any approved services contributed
by the Local Agency or others, shall be documented using payrolls, time records, invoices, contracts,
vouchers, and other applicable records.
B. Local Agency-Checks or Draws
Checks issued or draws made by the Local Agency shall be made or drawn against properly signed
vouchers detailing the purpose thereof. All checks, payrolls, invoices, contracts, vouchers, orders, and other
accounting documents shall be on file in the office of the Local Agency, clearly identified, readily
accessible, and to the extent feasible, kept separate and apart from all other Work documents.
C. State-Administrative Services
The State may perform any necessary administrative support services required hereunder. The Local
Agency shall reimburse the State for the costs of any such services from the Budget as provided for in
Exhibit C. If FHWA funding is not available or is withdrawn, or if the Local Agency terminates this
Agreement prior to the Work being approved or completed, then all actual incurred costs of such services
and assistance provided by the State shall be the Local Agency’s sole expense.
D. Local Agency-Invoices
The Local Agency’s invoices shall describe in detail the reimbursable costs incurred by the Local Agency
for which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and shall not
be submitted more often than monthly.
E. Invoicing Within 60 Days
The State shall not be liable to reimburse the Local Agency for any costs unless CDOT receives such
invoices within 60 days after the date for which payment is requested, including final invoicing. Final
payment to the Local Agency may be withheld at the discretion of the State until completion of final audit.
Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by
the Local Agency, or the State may offset them against any payments due from the State to the Local
Agency.
F. Reimbursement of State Costs
CDOT shall perform Oversight and the Local Agency shall reimburse CDOT for its related costs. The
Local Agency shall pay invoices within 60 days after receipt thereof. If the Local Agency fails to remit
payment within 60 days, at CDOT’s request, the State is authorized to withhold an equal amount from
future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds
directly to CDOT. Interim funds shall be payable from the State Highway Supplementary Fund (400) until
CDOT is reimbursed. If the Local Agency fails to make payment within 60 days, it shall pay interest to the
State at a rate of one percent per month on the delinquent amounts until the billing is paid in full. CDOT’s
invoices shall describe in detail the reimbursable costs incurred, the dates incurred and the amounts thereof,
and shall not be submitted more often than monthly.
10.REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §10 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with §18, if applicable.
A. Performance, Progress, Personnel, and Funds
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The Local Agency shall submit a report to the State upon expiration or sooner termination of this
Agreement, containing an Evaluation and Review of the Local Agency’s performance and the final status
of the Local Agency's obligations hereunder.
B. Litigation Reporting
Within 10 days after being served with any pleading related to this Agreement, in a legal action filed with a
court or administrative agency, the Local Agency shall notify the State of such action and deliver copies of
such pleadings to the State’s principal representative as identified herein. If the State or its principal
representative is not then serving, such notice and copies shall be delivered to the Executive Director of
CDOT.
C. Noncompliance
The Local Agency’s failure to provide reports and notify the State in a timely manner in accordance with
this §10 may result in the delay of payment of funds and/or termination as provided under this Agreement.
D. Documents
Upon request by the State, the Local Agency shall provide the State, or its authorized representative, copies
of all documents, including contracts and subcontracts, in its possession related to the Work.
11.LOCAL AGENCY RECORDS
A. Maintenance
The Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a
complete file of all records, documents, communications, notes and other written materials, electronic
media files, and communications, pertaining in any manner to the Work or the delivery of Services
(including, but not limited to the operation of programs) or Goods hereunder. The Local Agency shall
maintain such records until the last to occur of the following: (i) a period of three years after the date this
Agreement is completed or terminated, or (ii) three years after final payment is made hereunder, whichever
is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an
audit is occurring, or the Local Agency has received notice that an audit is pending, then until such audit
has been completed and its findings have been resolved (collectively, the “Record Retention Period”).
B. Inspection
The Local Agency shall permit the State, the federal government and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe the Local Agency's records
related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or
to evaluate the Local Agency's performance hereunder. The State reserves the right to inspect the Work at
all reasonable times and places during the term of this Agreement, including any extension. If the Work
fails to conform to the requirements of this Agreement, the State may require the Local Agency promptly to
bring the Work into conformity with Agreement requirements, at the Local Agency’s sole expense. If the
Work cannot be brought into conformance by re-performance or other corrective measures, the State may
require the Local Agency to take necessary action to ensure that future performance conforms to
Agreement requirements and may exercise the remedies available under this Agreement at law or in equity
in lieu of or in conjunction with such corrective measures.
C. Monitoring
The Local Agency also shall permit the State, the federal government or any other duly authorized agent of
a governmental agency, in their sole discretion, to monitor all activities conducted by the Local Agency
pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to:
internal evaluation procedures, examination of program data, special analyses, on-site checking, formal
audit examinations, or any other procedures. All such monitoring shall be performed in a manner that shall
not unduly interfere with the Local Agency’s performance hereunder.
D. Final Audit Report
If an audit is performed on the Local Agency’s records for any fiscal year covering a portion of the term of
this Agreement, the Local Agency shall submit a copy of the final audit report to the State or its principal
representative at the address specified herein.
12.CONFIDENTIAL INFORMATION-STATE RECORDS
The Local Agency shall comply with the provisions of this §12 if it becomes privy to confidential information
in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited
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to, state records, personnel records, and information concerning individuals. Nothing in this §12 shall be
construed to require the Local Agency to violate the Colorado Open Records Act, C.R.S. § 24-72-101 et seq.
A. Confidentiality
The Local Agency shall keep all State records and information confidential at all times and to comply with
all laws and regulations concerning confidentiality of information. Any request or demand by a third party
for State records and information in the possession of the Local Agency shall be immediately forwarded to
the State’s principal representative.
B. Notification
The Local Agency shall notify its agents, employees, and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by the Local
Agency or its agents in any way, except as authorized by the Agreement and as approved by the State. The
Local Agency shall provide and maintain a secure environment that ensures confidentiality of all State
records and other confidential information wherever located. Confidential information shall not be retained
in any files or otherwise by the Local Agency or its agents, except as set forth in this Agreement and
approved by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by the Local Agency for any reason may be
cause for legal action by third parties against the Local Agency, the State or their respective agents. The
Local Agency is prohibited from providing indemnification to the State pursuant to the Constitution of the
State of Colorado, Article XI, Section 1, however, the Local Agency shall be responsible for any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs,
incurred as a result of any act or omission by the Local Agency, or its employees, agents, or assignees
pursuant to this §12. Document Builder Generated 9/16/2015
13.CONFLICT OF INTEREST
The Local Agency shall not engage in any business or personal activities or practices or maintain any
relationships which conflict in any way with the full performance of the Lo cal Agency’s obligations hereunder.
The Local Agency acknowledges that with respect to this Agreement even the appearance of a conflict of
interest is harmful to the State’s interests. Absent the State’s prior written approval, the Local Agency shall
refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of the Local Agency’s obligations to the State hereunder. If a conflict or appearance exists, or if
the Local Agency is uncertain whether a conflict or the appearance of a conflict of interest exists, the Local
Agency shall submit to the State a disclosure statement setting forth the relevant details for the State’s
consideration. Failure to promptly submit a disclosure statement or to follo w the State’s direction in regard to
the apparent conflict constitutes a breach of this Agreement.
14.REPRESENTATIONS AND WARRANTIES
The Local Agency makes the following specific representations and warranties, each of which was relied on by
the State in entering into this Agreement.
A. Standard and Manner of Performance
The Local Agency shall perform its obligations hereunder, including in accordance with the highest
professional standard of care, skill and diligence and in the sequence and manner set forth in this
Agreement.
B. Legal Authority – The Local Agency and the Local Agency’s Signatory
The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has
taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and
to lawfully authorize its undersigned signatory to execute this Agreement, or any part thereof, and to bind
the Local Agency to its terms. If requested by the State, the Local Agency shall provide the State with
proof of the Local Agency’s authority to enter into this Agreement within 15 days of receiving such
request.
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C. Licenses, Permits, Etc.
The Local Agency represents and warrants that as of the Effective Date it has, and that at all times during
the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits,
and other authorization required by law to perform its obligations hereunder. The Local Agency warrants
that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other
authorizations required to properly perform this Agreement, without reimbursement by the State or other
adjustment in Agreement Funds. Additionally, all employees and agents of the Local Agency performing
Services under this Agreement shall hold all required licenses or certifications, if any, to perform their
responsibilities. The Local Agency, if a foreign corporation or other foreign entity transacting business in
the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable
certificate of authority to transact business in the State of Colorado and has designated a registered agent in
Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses,
certifications, approvals, insurance, permits or any such similar requirements necessary for the Local
Agency to properly perform the terms of this Agreement shall be deemed to be a material breach by the
Local Agency and constitute grounds for termination of this Agreement.
15.INSURANCE
The Local Agency and its contractors shall obtain and maintain insurance as specified in this section at all times
during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to the Local Agency and the State.
A. The Local Agency
i.Public Entities
If the Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, CRS §24-10-101, et seq., as amended (the “GIA”), then the Local Agency shall maintain at all
times during the term of this Agreement such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the GIA. The Local Agency shall show proof of
such insurance satisfactory to the State, if requested by the State. The Local Agency shall require each
Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to
include the insurance requirements necessary to meet Consultant or Contractor liabilities under the
GIA.
ii.Non-Public Entities
If the Local Agency is not a "public entity" within the meaning of the Governmental Immunity Act, the
Local Agency shall obtain and maintain during the term of this Agreement insurance coverage and
policies meeting the same requirements set forth in §15(B) with respect to sub-contractors that are not
"public entities".
B. Contractors
The Local Agency shall require each contract with Contractors, Subcontractors, or Consultants, other than
those that are public entities, providing Goods or Services in connection with this Agreement, to include
insurance requirements substantially similar to the following:
i.Worker’s Compensation
Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance
covering all of the Local Agency’s Contractors, Subcontractors, or Consultant’s employees acting
within the course and scope of their employment.
ii.General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket liability, personal injury, and advertising liability with minimum limits
as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products
and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced
below $1,000,000 because of claims made or paid, contractors, subcontractors, and consultants shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to the Local
Agency a certificate or other document satisfactory to the Local Agency showing compliance with this
provision.
iii.Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with
a minimum limit of $1,000,000 each accident combined single limit.
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iv. Additional Insured
The Local Agency and the State shall be named as additional insured on the Commercial General
Liability policies (leases and construction contracts require additional insured coverage for completed
operations on endorsements CG 2010 11/85, CG 2037, or equivalent).
v.Primacy of Coverage
Coverage required of the Consultants or Contractors shall be primary over any insurance or self-
insurance program carried by the Local Agency or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal without
at least 45 days prior notice to the Local Agency and the State by certified mail.
vii. Subrogation Waiver
All insurance policies in any way related to this Agreement and secured and maintained by the Local
Agency’s Consultants or Contractors as required herein shall include clauses stating that each carrier
shall waive all rights of recovery, under subrogation or otherwise, against the Local Agency or the
State, its agencies, institutions, organizations, officers, agents, employees, and volunteers.
C. Certificates
The Local Agency and all Contractors, subcontractors, or Consultants shall provide certificates showing
insurance coverage required hereunder to the State within seven business days of the Effective Date of this
Agreement. No later than 15 days prior to the expiration date of any such coverage, the Local Agency and
each contractor, subcontractor, or consultant shall deliver to the State or the Local Agency certificates of
insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the
term of this Agreement or any sub-contract, the Local Agency and each contractor, subcontractor, or
consultant shall, within 10 days of such request, supply to the State evidence satisfactory to the State of
compliance with the provisions of this §15.
16.DEFAULT-BREACH
A. Defined
In addition to any breaches specified in other sections of this Agreement, the failure of either Party to
perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner
constitutes a breach.
B Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in §18. If such breach is not cured within 30 days of receipt of written notice, or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §17. Notwithstanding anything
to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and
may immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public
safety or to prevent immediate public crisis.
17.REMEDIES
If the Local Agency is in breach under any provision of this Agreement, the State shall have all of the remedies
listed in this §17 in addition to all other remedies set forth in other sections of this Agreement following the
notice and cure period set forth in §16(B). The State may exercise any or all of the remedies available to it, in its
sole discretion, concurrently or consecutively.
A. Termination for Cause and/or Breach
If the Local Agency fails to perform any of its obligations hereunder with such diligence as is required to
ensure its completion in accordance with the provisions of this Agreement and in a timely manner, the State
may notify the Local Agency of such non-performance in accordance with the provisions herein. If the
Local Agency thereafter fails to promptly cure such non-performance within the cure period, the State, at
its option, may terminate this entire Agreement or such part of this Agreement as to which there has been
delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its
obligations hereunder. The Local Agency shall continue performance of this Agreement to the extent not
terminated, if any.
i. Obligations and Rights
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To the extent specified in any termination notice, the Local Agency shall not incur further obligations
or render further performance hereunder past the effective date of such notice, and shall terminate
outstanding orders and sub-Agreements with third parties. However, the Local Agency shall complete
and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may
incur obligations as are necessary to do so within this Agreement’s terms. At the sole discretion of the
State, the Local Agency shall assign to the State all of the Local Agency's right, title, and interest under
such terminated orders or sub-Agreements. Upon termination, the Local Agency shall take timely,
reasonable and necessary action to protect and preserve property in the possession of the Local Agency
in which the State has an interest. All materials owned by the State in the possession of the Local
Agency shall be immediately returned to the State. All Work Product, at the option of the State, shall
be delivered by the Local Agency to the State and shall become the State’s property.
ii. Payments
The State shall reimburse the Local Agency only for accepted performance received up to the date of
termination. If, after termination by the State, it is determined that the Local Agency was not in default
or that the Local Agency's action or inaction was excusable, such termination shall be treated as a
termination in the public interest and the rights and obligations of the Parties shall be the same as if
this Agreement had been terminated in the public interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, the Local Agency also shall remain liable to
the State for any damages sustained by the State by virtue of any breach under this Agreement by the
Local Agency and the State may withhold any payment to the Local Agency for the purpose of
mitigating the State’s damages, until such time as the exact amount of damages due to the State from
the Local Agency is determined. The State may withhold any amount that may be due to the Local
Agency as the State deems necessary to protect the State, including loss as a result of outstanding liens
or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring
similar goods or services. The Local Agency shall be liable for excess costs incurred by the State in
procuring from third parties replacement Work, Services or substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Agreement for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Agreement ceases to
further the public policy of the State, the State, in its sole discretion, may terminate this Agreement in
whole or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations
hereunder. This subsection shall not apply to a termination of this Agreement by the State for cause or
breach by the Local Agency, which shall be governed by §17(A) or as otherwise specifically provided for
herein.
i.Method and Content
The State shall notify the Local Agency of the termination in accordance with §18, specifying the
effective date of the termination and whether it affects all or a portion of this Agreement.
ii. Obligations and Rights
Upon receipt of a termination notice, the Local Agency shall be subject to and comply with the same
obligations and rights set forth in §17(A)(i).
iii.Payments
If this Agreement is terminated by the State pursuant to this §17(B), the Local Agency shall be paid an
amount which bears the same ratio to the total reimbursement under this Agreement as the Services
satisfactorily performed bear to the total Services covered by this Agreement, less payments previously
made. Additionally, if this Agreement is less than 60% completed, the State may reimburse the Local
Agency for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this
Agreement) incurred by the Local Agency which are directly attributable to the uncompleted portion of
the Local Agency’s obligations hereunder; provided that the sum of any and all reimbursement shall
not exceed the maximum amount payable to the Local Agency hereunder.
C. Remedies Not Involving Termination
The State, its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
i.Suspend Performance
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Suspend the Local Agency’s performance with respect to all or any portion of this Agreement pending
necessary corrective action as specified by the State without entitling the Local Agency to an
adjustment in price/cost or performance schedule. The Local Agency shall promptly cease performance
and incurring costs in accordance with the State’s directive and the State shall not be liable for costs
incurred by the Local Agency after the suspension of performance under this provision.
ii.Withhold Payment
Withhold payment to the Local Agency until corrections in the Local Agency’s performance are
satisfactorily made and completed.
iii.Deny Payment
Deny payment for those obligations not performed that due to the Local Age ncy’s actions or inactions
cannot be performed or, if performed, would be of no value to the State; provided that any denial of
payment shall be reasonably related to the value to the State of the obligations not performed.
iv. Removal
Demand removal of any of the Local Agency’s employees, agents, or contractors whom the State
deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Agreement is deemed to be contrary to the public interest or not in the State’s best
interest.
v.Intellectual Property
If the Local Agency infringes on a patent, copyright, trademark, trade secret or other intellectual
property right while performing its obligations under this Agreement, the Local Agency shall, at th e
State’s option (a) obtain for the State or the Local Agency the right to use such products and services;
(b) replace any Goods, Services, or other product involved with non-infringing products or modify
them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably
available, remove any infringing Goods, Services, or products and refund the price paid therefore to
the State.
18.NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party’s principal representative at the address set forth below. In addition t o but not in lieu of a hard-copy
notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from
time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
Unless otherwise provided herein, all notices shall be effective upon receipt.
A. If to State: B. If to the Local Agency:
CDOT Region: 4 Town of Estes Park
Jake Schuch Greg Muhonen, Estes Park Public Works
Director
Project Manager gmuhonen@estes.org
10601 W. 10th St. PO BOX 1200
GREELEY, CO 80634 ESTES PARK, CO 80517
970-350-2205 970-577-3581
19.RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or work product of any type, including drafts, prepared by the Local Agency in the performance of its
obligations under this Agreement shall be the exclusive property of the State and all Work Product shall be
delivered to the State by the Local Agency upon completion or termination hereof. The State’s exclusive rights
in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and
prepare derivative works. The Local Agency shall not use, willingly allow, cause or permit such Work Product
to be used for any purpose other than the performance of the Local Agency's obligations hereunder without the
prior written consent of the State.
20.GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or
implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental
Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property
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arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials,
and employees and of the Local Agency is controlled and limited by the provisions of the Governmental
Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended.
21.STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to the Local Agency under this Agreement is $100,000 or greater, either on the
Effective Date or at any time thereafter, this §21 applies.
The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206,
§24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state
agreements/contracts and inclusion of agreement/contract performance information in a statewide contract
management system.
The Local Agency’s performance shall be subject to Evaluation and Review in accordance with the t erms and
conditions of this Agreement, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and
Guidance. Evaluation and Review of the Local Agency’s performance shall be part of the normal Agreement
administration process and the Local Agency’s performance will be systematically recorded in the statewide
Agreement Management System. Areas of Evaluation and Review shall include, but shall not be limited to
quality, cost and timeliness. Collection of information relevant to the performanc e of the Local Agency’s
obligations under this Agreement shall be determined by the specific requirements of such obligations and shall
include factors tailored to match the requirements of the Local Agency’s obligations. Such performance
information shall be entered into the statewide Contract Management System at intervals established herein and
a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Agreement term. The
Local Agency shall be notified following each performance Evaluation and Review, and shall address or correct
any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that the Local Agency demonstrated a gross
failure to meet the performance measures established hereunder, the Executive Director of the Colorado
Department of Personnel and Administration (Executive Director), upon request by CDOT, and showing of
good cause, may debar the Local Agency and prohibit the Local Agency from bidding on future Agreements.
The Local Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which
may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-
102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202,
which may result in the reversal of the debarment and reinstatement of the Local Agency, by the Executive
Director, upon showing of good cause.
22.FEDERAL REQUIREMENTS
The Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the
execution of this Agreement strictly adhere to, and comply with, all applicable federal and state laws, and their
implementing regulations, as they currently exist and may hereafter be amended.
23.DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract
Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to
use its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this
Agreement, it must submit a copy of its program’s requirements to the State for review and approval before the
execution of this Agreement. If the Local Agency uses any State- approved DBE program for this Agreement,
the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all
legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without
limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual
bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency’s DBE program
does not waive or modify the sole responsibility of the Local Agency for use of its program.
24.DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this
Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department of
Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days
after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the
State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in
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support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently
with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of the
Executive Director or his duly authorized representative for the determination of such appeals shall be final and
conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of
law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed
as making final the decision of any administrative official, representative, or board on a question of law.
25.GENERAL PROVISIONS
A. Assignment
The Local Agency’s rights and obligations hereunder are personal and may not be transferred, assigned or
subcontracted without the prior written consent of the State. Any attempt at assignment, transfer, or
subcontracting without such consent shall be void. All assignments and subcontracts approved by the Local
Agency or the State are subject to all of the provisions hereof. The Local Agency shall be solely
responsible for all aspects of subcontracting arrangements and performance.
B. Binding Effect
Except as otherwise provided in §25(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors,
and assigns.
C. Captions
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Agreement may be executed in multiple identical original counterparts, all of which shall constitute
one agreement.
E. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition,
deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein.
F. Indemnification - General
If Local Agency is not a “public entity” within the meaning of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., the Local Agency shall indemnify, save, and hold harmless the State, its
employees and agents, against any and all claims, damages, liability and court awards including costs,
expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Local
Agency, or its employees, agents, subcontractors or assignees pursuant to the terms of this Agreement.
This clause is not applicable to a Local Agency that is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, CRS §24-10-101, et seq.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
H. Limitations of Liability
Any and all limitations of liability and/or damages in favor of the Local Agency contained in any document
attached to and/or incorporated by reference into this Agreement, whether referred to as an exhibit,
attachment, schedule, or any other name, are void and of no effect. This includes, but is not necessarily
limited to, limitations on (i) the types of liabilities, (ii) the types of damages, (iii) the amount of damages,
and (iv) the source of payment for damages.
I. Modification
i.By the Parties
Except as specifically provided in this Agreement, modifications of this Agreement shall not be
effective unless agreed to in writing by both parties in an amendment to this Agreement, properly
executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and
Office of the State Controller Policies, including, but not limited to, the policy entitled
MODIFICATIONS OF AGREEMENTS - TOOLS AND FORMS.
53
ii.By Operation of Law
This Agreement is subject to such modifications as may be required by changes in Federal or Colorado
State law, or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Agreement on the effective date of such change, as if fully set
forth herein
J. Order of Precedence
The provisions of this Agreement shall govern the relationship of the State and the Local Agency. In the
event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such
conflicts or inconsistencies shall be resolved by reference to the documents in the following order of
priority:
i.Colorado Special Provisions,
ii.The provisions of the main body of this Agreement,
iii.Exhibit A (Scope of Work),
iv. Exhibit B (Local Agency Resolution),
v.Exhibit C (Funding Provisions),
vi. Exhibit D (Option Letter),
vii. Exhibit E (Local Agency Contract Administration Checklist),
viii.Other exhibits in descending order of their attachment.
K. Severability
Provided this Agreement can be executed and performance of the obligations of the Parties accomplished
within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
L. Survival of Certain Agreement Terms
Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued
performance, compliance, or effect after termination hereof, shall survive such termination and shall be
enforceable by the State if the Local Agency fails to perform or comply as required.
M. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services rendered to benefit the State; provided however, that certain
political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the
product or service is provided to the State. The Local Agency shall be solely liable for paying such taxes as
the State is prohibited from paying for or reimbursing the Local Agency for them
N. Third Party Beneficiaries
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties,
and not to any third party. Any services or benefits which third parties receive as a result of this Agreement
are incidental to the Agreement, and do not create any rights for such third parties.
O. Waiver
Waiver of any breach of a term, provision, or requirement of this Agreement, or any right or remedy
hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of
any subsequent breach of such term, provision or requirement, or of any other term, provision, o r
requirement.
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26.COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Agreements except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental
Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et
seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR.
The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee.
Neither The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent
or employee of the State. The Local Agency and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or otherwise
provide such coverage for The Local Agency or any of its agents or employees. Unemployment insurance
benefits shall be available to The Local Agency and its employees and agents only if such coverage is made
available by The Local Agency or a third party. The Local Agency shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local
Agency shall not have authorization, express or implied, to bind the State to any Agreement, liability or
understanding, except as expressly set forth herein. The Local Agency shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall
not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or
otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the
remainder of this Agreement, to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any
provision to the contrary in this contact or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. The Local Agency hereby certifies and warrants that, during the term of this Agreement and
any extensions, The Local Agency has and shall maintain in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that The Local Agency is in violation of
this provision, the State may exercise any remedy available at law or in equity or under this Agreement,
including, without limitation, immediate termination of this Agreement and any remedy consistent with
federal copyright laws or applicable licensing restrictions.
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I. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Agreement. The Local Agency has no
interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree
with the performance of The Local Agency’s services and The Local Agency shall not employ any person
having such known interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
[Not Applicable to intergovernmental agreements]. Subject to CRS §24-30-202.4 (3.5), the State
Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State
agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued
interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment
Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination
or judicial action.
K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101.
[Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental Agreements, or
information technology services or products and services]. The Local Agency certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under
this Agreement and shall confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the E-
Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), The Local Agency
shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter
into a contract with a subcontractor that fails to certify to The Local Agency that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement. The Local
Agency (a) shall not use E-Verify Program or State program procedures to undertake pre-employment
screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and
the contracting State agency within three days if The Local Agency has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course
of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If The Local Agency participates in the State program, The Local Agency shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision, a written, notarized
affirmation, affirming that The Local Agency has examined the legal work status of such employee, and
shall comply with all of the other requirements of the State program. If The Local Agency fails to comply
with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution
of higher education or political subdivision may terminate this Agreement for breach and, if so terminated,
The Local Agency shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101.
The Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant
to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one
form of identification required by CRS §24-76.5-103 prior to the effective date of this Agreement.
SPs Effective 1/1/09
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27.SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
*Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local
Agency’s behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY
TOWN OF ESTES PARK
Name:_______________________________________
(print name)
Title: _______________________________________
(print title)
____________________________________________
*Signature
Date:_________________________________________
STATE OF COLORADO
John W. Hickenlooper
Department of Transportation
By___________________________________________
Joshua Laipply, P.E., Chief Engineer
(For) Shailen P. Bhatt, Executive Director
Date:_________________________________________
2nd Local Agency Signature if needed
Name:_______________________________________
(print name)
Title: _______________________________________
(print title)
____________________________________________
*Signature
Date:_________________________________________
STATE OF COLORADO
LEGAL REVIEW
Cynthia H. Coffman, Attorney General
By___________________________________________
Signature – Assistant Attorney General
Date:_________________________________________
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until
signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance
until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The
Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:______________________________________
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28. EXHIBIT A – SCOPE OF WORK
Scope of Work:
This project consists of construction of an electronic dynamic message sign board that will direct tourists
to available parking and shuttle pickup areas. The purpose of this project is to direct travelers to
intercept parking lots and shuttle services in lieu of driving to search for scarce parking in the downtown
area and in Rocky Mountain National Park. This project will help to improve air quality by decreasing
congestion and vehicle traffic in both downtown Estes Park and the national park.
This project will conform to all applicable state and federal regulations and standards. The design phase
will begin as soon as reasonably possible and will be followed by a construction phase. Construction will
begin as soon as reasonably possible after design and will be completed shortly thereafter.
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59
30.EXHIBIT C – FUNDING PROVISIONS
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work which is to be funded as follows:
1 BUDGETED FUNDS
a.Federal Funds
(82.79% of Participating Costs – AQC)$30,835.00
b.Local Agency Matching Funds
(17.21% of Participating Costs)$6,410.00
TOTAL BUDGETED FUNDS $37,245.00
2 ESTIMATED CDOT-INCURRED COSTS
a.Federal Share $0.00
(0% of Participating Costs)
b.Local Share
Local Agency Share of Participating Costs
Local Agency Share of Non-Participating Costs
$0.00
$0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a.Federal Funds Budgeted (1a)$30,835.00
b.Less Estimated Federal Share of CDOT-Incurred Costs (2a)$0.00
c.State Funds Budgeted (1c)$0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $30,835.00
FOR CDOT ENCUMBRANCE PURPOSES
*Note - $0.00 is currently available. Funds and/or Local Agency
Overmatch will be added in the future either by Option Letter or
Amendment.
Net to be encumbered as follows: $0.00
WBS Element 21322.20.10 Construc. 3301 $0.00
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B. Matching Funds
The matching ratio for the federal participating funds for this Work is 82.79% federal-aid funds
(CFDA #20 2050) to 17.21% Local Agency and State funds, it being understood that such ratio
applies only to the $37,245.00 that is eligible for federal participation, it being further understood
that all non-participating costs are borne by the Local Agency at 100%. If the total participating
cost of performance of the Work exceeds $37,245.00 and additional federal funds are made
available for the Work, the Local Agency shall pay 100% of all such costs eligible for federal
participation and 100% of all non-participating costs; if additional federal funds are not made
available, the Local Agency shall pay all such excess costs. If the total participating cost of
performance of the Work is less than $37,245.00, then the amounts of State and federal-aid
funds will be decreased in accordance with the funding ratio described herein. The
performance of the Work shall be at no cost to the State.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $37,245.00
(For CDOT accounting purposes, the federal funds of $30,835.00, State funds of $0.00, and
Local Agency matching funds of $6,410.00, will be encumbered for a total encumbrance of
$37,245.00), unless such amount is increased by an appropriate written modification to this
Agreement executed before any increased cost is incurred. *** Note - $0.00 is currently
available. Funds and/or Local Agency Overmatch will be added in the future either by
Option Letter or Amendment *** It is understood and agreed by the parties hereto that the
total cost of the Work stated hereinbefore is the best estimate available, based on the design
data as approved at the time of execution of this Agreement, and that such cost is subject to
revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior
to bid and award.
D. Single Audit Act Amendment
All state and local government and non-profit organization Sub-The Local Agencys receiving
more than $750,000 from all funding sources defined as federal financial assistance for Single
Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A-
133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 C.F.R.
18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub-The
Local Agencys receiving federal funds are as follows:
i.Expenditure less than $750,000
If the Sub-The Local Agency expends less than $750,000 in Federal funds (all federal
sources, not just Highway funds) in its fiscal year then this requirement does not apply.
ii.Expenditure exceeding than $750,000-Highway Funds Only
If the Sub-The Local Agency expends more than $750,000 in Federal funds, but only
received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205)
then a program specific audit shall be performed. This audit will examine the “financial”
procedures and processes for this program area.
iii. Expenditure exceeding than $750,000-Multiple Funding Sources
If the Sub-The Local Agency expends more than $750,000 in Federal funds, and the Federal
funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies,
which is an audit on the entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An
audit is an allowable direct or indirect cost.
61
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LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
The following checklist has been developed to ensure that all required aspects of a
project approved for Federal funding have been addressed and a responsible party
assigned for each task.
After a project has been approved for Federal funding in the Statewide Transportation
Improvement Program, the Colorado Department of Transportation (CDOT) Project
Manager, Local Agency project manager, and CDOT Resident Engineer prepare the
checklist. It becomes a part of the contractual agreement between the Local Agency
and CDOT. The CDOT Agreements Unit will not process a Local Agency agreement
without this completed checklist. It will be reviewed at the Final Office Review meeting
to ensure that all parties remain in agreement as to who is responsible for performing
individual tasks.
64
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No.
AQC M405-020
STIP No. Project Code
21322
Region
04
Project Location
Estes Park
Date
3/1/2016
Project Description
Parking/Shuttle VMS Boards
Local Agency
Town of Estes Park
Local Agency Project Manager
Greg Muhonen
CDOT Resident Engineer
Long Nguyen
CDOT Project Manager
Jake Schuch
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement. Section numbers corresp ond to the applicable chapters
of the CDOT Local Agency Manual.
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The “X” denotes th e
party responsible for initiating and executing the task. When ne ither CDOT nor the Local Agency is responsible for a task, not
applicable (NA) shall be noted. In addition, a “#” will denote that CDOT must concur or approve.
Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and
procedures, will determine who will perform all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist .
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
TIP / STIP AND LONG-RANGE PLANS
2-1 Review Project to ensure consistency with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4-1 Authorize funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA
concurrence/involvement)
X
PROJECT DEVELOPMENT
5-1 Prepare Design Data - CDOT Form 463 X
5-2 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) X
5-3 Conduct Consultant Selection/Execute Consultant Agreement X
5-4 Conduct Design Scoping Review meeting X X
5-5 Conduct Public Involvement X
5-6 Conduct Field Inspection Review (FIR) X
5-7 Conduct Environmental Processes (may require FHWA concurrence/involvement) X X
5-8 Acquire Right-of-Way (may require FHWA concurrence/involvement) X #
5-9 Obtain Utility and Railroad Agreements X
5-10 Conduct Final Office Review (FOR) X
5-11 Justify Force Account W ork by the Local Agency X #
5-12 Justify Proprietary, Sole Source, or Local Agency Furnished items X #
5-13 Document Design Exceptions - CDOT Form 464 X #
5-14 Prepare Plans, Specifications and Construction Cost Estimates X #
5-15 Ensure Authorization of Funds for Construction X
65
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6-1 Set Disadvantaged Business Enterprise (DBE) Goals for Consultant and Construction
Contracts (CDOT Region EEO/Civil Rights Specialist)
X
6-2 Determine Applicability of Davis-Bacon Act
This project is is not exempt from Davis-Bacon requirements as determined by the
functional classification of the project location (Projects located on local roads and rural
minor collectors may be exempt.)
Long Nguyen_____________ 3/1/2016
CDOT Resident Engineer(Signature on File) Date
X
6-3 Set On-the-Job Training Goals. X
6-4 Title VI Assurances X
Ensure the correct Federal Wage Decision, all required Disadvantaged Business
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the
Contract (CDOT Resident Engineer)
X
ADVERTISE, BID AND AWARD
7-1 Obtain Approval for Advertisement Period of Less Than Three Weeks X #
7-2 Advertise for Bids X
7-3 Distribute “Advertisement Set” of Plans and Specifications X
7-4 Review W orksite and Plan Details with Prospective Bidders While Project is Under
Advertisement
X
7-5 Open Bids X
7-6 Process Bids for Compliance X
Check CDOT Form 1415 - Certificate of Proposed DBE Participation when the low bidder
meets DBE goals X
Evaluate CDOT Form 1416 - DBE Good Faith Effort Documentation and determine if the
Contractor has made a good faith effort when the low bidder does not meet DBE goals X
Submit required documentation for CDOT award concurrence X
7-7 Concurrence from CDOT to Award X
7-8 Approve Rejection of Low Bidder X
7-9 Award Contract X #
7-10 Provide “Award” and “Record” Sets of Plans and Specifications X
CONSTRUCTION MANAGEMENT
8-1 Issue Notice to Proceed to the Contractor X
8-2 Project Safety X
8-3 Conduct Conferences:
Pre-construction Conference (Appendix B) X
Presurvey
Construction staking
Monumentation
X
X
Partnering (Optional) X
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) X
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) X
HMA Pre-Paving (Agenda is in CDOT Construction Manual) X
8-4 Develop and distribute Public Notice of Planned Construction to media and local residents X
8-5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible charge of
construction supervision.”
Greg Muhonon 970-577-3581
Local Agency Professional Engineer or Phone number
CDOT Resident Engineer
X
66
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
Provide competent, experienced staff who will ensure the Contract work is constructed in
accordance with the plans and specifications
X
Construction inspection and documentation X
8-6 Approve Shop Drawings X
8-7 Perform Traffic Control Inspections X #
8-8 Perform Construction Surveying X
8-9 Monument Right-of-Way X
8-10 Prepare and Approve Interim and Final Contractor Pay Estimates
Provide the name and phone number of the person authorized for this task.
Greg Muhonon 970-577-3581
Local Agency Representative Phone number
X
8-11 Prepare and Approve Interim and Final Utility/Railroad Billings X
8-12 Prepare Local Agency Reimbursement Requests X
8-13 Prepare and Authorize Change Orders X #
8-14 Approve All Change Orders X
8-15 Monitor Project Financial Status X
8-16 Prepare and Submit Monthly Progress Reports X
8-17 Resolve Contractor Claims and Disputes X
8-18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task.
Long Nguyen 970-350-2126
CDOT Resident Engineer Phone number
X
MATERIALS
9-1 Discuss Materials at Preconstruction Meeting
-Buy America documentation prior to installation of steel
X
9-2 Complete CDOT Form 250 - Materials Documentation Record
Generate form, which includes determining the minimum number of required tests and
applicable material submittals for all materials placed on the project
Update the form as work progresses
Complete and distribute form after work is completed
X
X
X
9-3 Perform Project Acceptance Samples and Tests X
9-4 Perform Laboratory Verification Tests X
9-5 Accept Manufactured Products
Inspection of structural components:
Fabrication of structural steel and pre-stressed concrete structural components
Bridge modular expansion devices (0” to 6” or greater)
Fabrication of bearing devices
X
X
X
X
9-6 Approve Sources of Materials X
9-7 Independent Assurance Testing (IAT), Local Agency Procedures CDOT Procedures
Generate IAT schedule
Schedule and provide notification
Conduct IAT
X
X
X
9-8 Approve Mix Designs
Concrete
Hot Mix Asphalt
X
X
9-9 Check Final Materials Documentation X
9-10 Complete and Distribute Final Materials Documentation X
67
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fulfill Project Bulletin Board and Pre-construction Packet Requirements X
10-2 Process CDOT Form 205b - Sublet Permit Application
Review and sign completed CDOT Form 205 for each subcontractor, and submit to
EEO/Civil Rights Specialist
X
10-3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
Interviews. Complete CDOT Form 280
X
10-4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the
“Commercially Useful Function” requirements
X
10-5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete CDOT Form 200 -
OJT Training Questionnaire
X
10-6 Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.) X #
10-7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report X
FINALS
11-1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final
Acceptance Report (Resident Engineer with mandatory Local Agency participation.)
X #
11-2 Write Final Project Acceptance Letter X
11-3 Advertise for Final Settlement X
11-4 Prepare and Distribute Final As-Constructed Plans X
11-5 Prepare EEO Certification X
11-6 Check Final Quantities, Plans and Pay Estimate; Check Project Documentation; and submit
Final Certifications
X
11-7 Check Material Documentation and Accept Final Material Certification (See Chapter 9) X
11-8 Obtain CDOT Form 1419 - Contractor DBE Payment Certification from the Contactor and
submit to the Resident Engineer (Quarterly)
X
11-9 Obtain FHWA Form 47 - Statement of Materials and Labor Used … from the Contractor NA
11-10 Process Final Payment X
11-11 Complete and Submit CDOT Form 950 - Project Closure X
11-12 Retain Project Records for Six Years from Date of Project Closure X X
11-13 Retain Final Version of Local Agency Contract Administration Checklist X X
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
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New Dynamic Message Sign
approx 975' east of 4th St
on US36. Faces east
190 lf secondary elect trench
Set new meter at existing
transformer 4/0AL-ABC-MALLROAD4/0AL-ABC-MALLROAD4/0AL-ABC-MALLROAD
4/0 AL-ABC -MALL ROAD
2AL-ABC-MALLRO
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750 AL-ABC -FISH CREEK
750 AL-ABC -MALL ROAD
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8''DI8''DI
8''DI
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2303
2302
4101
4102
4103
SW34
FC-1MR-1
3-4
4128
FG3
FG1
FC1
3899
45 kva
ABC
3423
225 kva
ABC
3145
ABC
3605
112.5 kva
ABC
4128
45 kva
ABC
1293
50 kva
A N SAINT VRAIN AVE
4THSTROOFTOP
WAY COMMUNITYDRLAKE
ESTES
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94
ENGINEERING Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Kevin Ash, PE, Public Works Engineering Manager
Greg Muhonen, PE, Public Works Director
Date: September 13, 2016
RE: Estes Valley Stormwater Master Plan – Consultant Contract(s) Award
Objective:
Public Works seeks approval for 2 professional services contracts to develop a
stormwater master plan and feasibility study that will guide the Town in its management
of stormwater planning, funding and infrastructure projects.
Present Situation:
A stormwater master plan has been a significant need for the Town for many years and
was never more evident than during the September 2013 flood. Many of the Town’s
historical drainage channels, inlets, culverts and ponds were not adequate to convey
the flows that resulted from that epic rainfall event. The Town suffered significant
damage that has taken years, and will continue to take years, to recover. As the Town
recovers, repairs and re-establishes, there is a plan to rebuild that is both dynamic and
resilient. Currently, the Town does not have an adopted stormwater master plan and
the current philosophy on drainage has been to individually manage the runoff for water
quality and get it to the river as quickly as possible. There has been a concerted effort
by the Estes Valley Watershed Coalition, Larimer County, private residents and
developers, the Colorado Water Conservation Board (CWCB) and others to develop
and bring resilient drainage plans to address the hydrology and hydraulics of all major
drainages within the Estes Valley. The Town of Estes Park has the responsibility of
being a good steward of the public drainage system and to protect the residents and
property in this area. A master plan is a key component to stormwater management.
During the September 2013 flood event, uncontrolled runoff from the surrounding
mountains contributed to the peak discharges of the primary drainages in the Estes
Valley. The runoff also resulted in damaged properties and infrastructure located in
upstream areas and at the mouth of tributaries to the primary drainages. Debris flows
occurred on several mountainsides contributing to sediment accretion in the tributaries
and the primary drainages. A master plan for stormwater runoff will provide guidance
for future implementation of projects to control stormwater runoff and sediment from
debris flow events.
95
To develop this plan, the Town required funding to hire a consultant with expertise in
stormwater management plans. The Town applied for and received a $300,000
Community Development Block Grant – Disaster Recovery through the Department of
Local Affairs to accomplish this. Subsequent to receiving the grant award, Public Works
was able to advance with a Stormwater Utility analysis project that had $30,000
allocated from its General Fund Engineering Budget.
Proposal:
A Stormwater Master Plan for the Estes Valley will provide overall guidance to aid the
planning of future storm drainage actions and improvements. This Plan will be a “future
road map” for the drainage and flood control needs of the Estes Valley, which may
include detention and storage facilities, major drainageways, inlets, culverts, storm
sewer and other items yet to be determined. The Plan will investigate coordinating the
use of open spaces, rights of ways, drainage tracts, and easements to recommend
environmentally sound and resilient drainage hydraulic designs to address existing
problems and/or areas where future challenges may occur. The Plan will take into
account needs and planning for open spaces, transportation, water quality, water
storage, floodplain mitigation, wildlife and other emerging urban and commercial
considerations. In addition, the Plan will provide specific recommendations regarding
inadequate storm sewer and culvert systems and inadequate channels and swales.
The Plan will be a dynamic document that employs the latest techniques and will
provide approaches to encourage continual advances in best management practices
when implementing projects and programs. This Plan will be designed to provide, to the
extent possible, adaptable solutions to stormwater management that can respond with
flexibility to changing conditions, while keeping environmentally sustainable principles in
mind and using evidence-based and technologically sound principles. The Plan will
directly enhance the existing Estes Valley Development Code regarding future
developments by providing a more comprehensive, aerially extensive analysis of
stormwater management.
The Estes Valley Development Code Boundary (Project Area) is approximately 33
square miles and encompasses the Upper Big Thompson River Basin. Exhibit A shows
the major subbasins within the Big Thompson River Basin. The Town of Estes Park is
the only municipality within the Project Area.
This Plan will address runoff from existing and future development areas and shall
provide a minor drainage system capable of handling at least the 10-year flows, and a
major drainage system designed to convey a 100-year storm runoff event for road
crossings on the primary drainages within the Project Area. It will provide
recommendations for improvements to the existing drainage ways to accommodate
both existing and future conditions. The Plan will also include an evaluation of those
portions of the Estes Valley within the proposed Project Area, and make
recommendations for necessary drainage facilities to correct existing deficiencies, and
serve as a guide for private and public improvements in the future.
The Town does not currently have any stormwater development impact or maintenance
fees in place to collect funds needed for capital improvements or storm drainage
maintenance. Maintenance is currently performed in a reactionary mode on a complaint
96
basis. A plan is urgently needed to quantify the magnitude of the stormwater drainage
problems, identify needed improvements and costs, and propose an implementation
schedule. Options to fund the needed work will also be explored, including a feasibility
study on implementation of a Stormwater Utility.
On July 22, 2016, Public Works advertised a Request for Proposal and three firms
responded. A review team that included Public Works Director Greg Muhonen, Public
Works Engineering Manager Kevin Ash, Town Planner Tina Kurtz and Public Works
Flood Recovery Associate Samantha Phillips rated each of these 3 firms to select the
most qualified. Proposals were rated on 5 categories:
1. Project Team Qualifications (30 pts);
2. Relative Project Examples/References (30 pts);
3. Responsiveness to Project Schedule/Project Approach (30 pts);
4. Proposal Accuracy/Completeness/Presentation (5 pts);
5. Budget Adherence (5 pts);
The following chart contains the ratings for each of the firms:
Firm Name City Ranking
Anderson Consulting Engineers, Inc. Fort Collins 1
Matrix Design Group Denver 2
Ayres Associates Fort Collins 3
After the ratings were complete, Anderson Consulting Engineers, Inc. out of Fort Collins
was the highest ranked firm out of the 5 review categories. All 3 firms showed very well
in Project Team Qualifications and Relative Project Examples but what separated
Anderson from the other 2 was their detail in the Project Approach. They demonstrated
an understanding of maximizing flood mitigation and water quality enhancements while
being economically responsible. They proposed a rating system for storm drainage
improvements with a focus on installation of infrastructure that is feasible and
constructible. They are a firm that is focused solely on drainage and have an extensive
resume of stormwater master plans for northeastern Colorado municipalities.
The Anderson proposal showed a connection with the Town of Estes Park community
having worked on the Fall River and Upper Big Thompson River Restoration Master
Planning Project. They also included a local subconsultant - Cornerstone Engineering
& Surveying – to assist in development of the existing drainage system and base
mapping. The schedule delivered in the RFP is to have a final Master Plan and
Feasibility Study complete by September 30, 2017.
Advantages:
A stormwater master plan will identify regional drainage issues and prioritized
infrastructure improvements that can be a guide for the Town to make
responsible project and budget decisions regarding stormwater management.
A feasibility study will identify processes to fund stormwater infrastructure needs
in the Estes Valley.
Having an adopted plan will allow town staff to be proactive with maintenance
and installation of drainage infrastructure.
97
The timing to develop a stormwater master plan is good. Grant funding is readily
available and coordination with recent drainage studies can be more easily
accomplished.
Having a stormwater master plan is beneficial to receiving grant funding for future
drainage projects.
Disadvantages:
The stormwater master plan will identify needs and locations for stormwater
infrastructure improvements that have not been previously identified. This may
potentially impact future property development with additional cost and lost
developable land.
The stormwater master plan will identify regional drainage issues that the Town
will need to plan and budget for. This will create additional expense to budgets
and create additional workload to staff.
Action Recommended by Staff:
To advance the Estes Valley Master Plan and Feasibility Study Project and meet
funding requirement goals of a final closeout completion date of December 31, 2017,
Staff recommends awarding a professional services contract for the Stormwater Master
Plan to Anderson Consulting Engineers in the amount of $300,000. Staff also
recommends awarding a professional services contract for a Stormwater Feasibility
Study to Anderson Consulting Engineers in the amount of $30,000.
These contracts will be managed through the Public Works Department by Engineering
Manager Kevin Ash.
Budget:
This Master Plan will be funded from a $300,000 Community Development Block Grant
– Disaster Recovery (CDBG-DR) grant awarded to the Town. Additionally, the
Feasibility Study will be funded with $30,000 of Town of Estes Park General Fund
monies. The Master Plan and Feasibility Study will be awarded as separate contracts.
Funding dollars for each will reside in the General Fund Engineering Budget (101-2400-
424-22.02).
Level of Public Interest
Public Interest on this project is expected to be high. This project will provide a
document to guide the management of drainage infrastructure in the Estes Valley for
the foreseeable future.
Sample Motion:
I move for approval/denial of a professional services contract with Anderson Consulting
Engineers, for the Estes Valley Stormwater Master Plan for a project cost not to
exceed $300,000.
I move for approval/denial of a professional services contract with Anderson Consulting
Engineers for Estes Valley Stormwater Master Plan – Feasibility Study for a project
cost not to exceed $30,000.
98
Attachments:
Exhibit A – Estes Valley Stormwater Master Plan Boundary Map
Other References:
Exhibit B – Professional Services Contract(s)
Exhibit C – Town issued Request for Proposal
Exhibit D – Anderson Consulting Engineers submitted proposal
99
100
Date: 11/17/2015 File: Storm_DrainageBasins.mxdTOWN OF ESTES PARKSTORMWATER MASTER PLAN GRANT APPLICATIONDRAINAGE BASINSEVDC Boundary32.6 Sq MilesLAKEESTESMARYSLAKELILYLAKERIVERSIDEDRFALLRIVERRDM ARYS L A KER DNSAINTVRAINAVE
HIGH DRMACGR E G O R A V E PEAKVIEWDRHIGHWAY36WWONDERVIEWAVEBIGTHOMPSONAVEFISHCREEKRDDEVILSGULCHRDWHIGHWAY34SSAINTVRAINAVEHIGHWAY66WE LK H ORNAVEEH IG H W AY 3 6
MORAINEAVETUNNELRDHIGHWAY7BEARLAKERDTRAILRIDGERDWind RiverBasin10.2 Sq MilesFall River Basin39.9 Sq MilesGlacierCreek Basin25.2 Sq MilesLake Estes-BigThompson River Basin49.8 Sq MilesHeadwaters BigThompson River Basin40 Sq MilesBlack CanyonCreek Basin10 Sq MilesFish CreekBasin15.6 Sq MilesSources: Esri, DeLorme, USGS, NPS, Sources: Esri, USGS, NOAA[05,15010,300Feet012MilesEVDC BoundarySubdivisionsBasinsBlack Canyon CreekFall RiverFish CreekGlacier CreekHeadwaters Big Thompson RiverLake Estes-Big Thompson RiverWind RiverFIGURE 1ApplicationProject Site Description101
102
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Randy Hunt, AICP, Community Development Director
Date: September 13, 2016
RE: Proposed Ordinance No. 22-16: Sign Code Amendment for Shuttle Buses
Objective:
Review and approve an amendment to the Town’s Sign Code (Estes Park Colorado
Municipal Code Chapter 17.66: Signs), in order to allow Town of Estes Park shuttle
buses to display advertising on buses.
Present Situation:
Interest has been expressed at several points recently in the possibility of allowing
advertising to appear on the sides of Town shuttle buses. Paid advertising could provide
an opportunity to recoup operating costs for the shuttles.
The Town of Estes Park currently allows certain types of public transit vehicles to
display advertising. The Code does this by defining the term “Motor vehicle providing
public transportation”, and then exempting signs on them from the regulations.
However, the Code defines such a vehicle as one that requires and possesses “a
certificate of public convenience and necessity… issued by the [Colorado] Public
Utilities Commission…” The Town’s Shuttle Coordinator, Brian Wells, has looked into
the matter and it appears the shuttle buses would not qualify for the Certificate, as they
are not “for hire.”
Proposal:
This proposed amendment to the Sign Code Definitions (§17.66.040) would allow any
public transportation vehicle operated by the Town of Estes Park to display advertising.
The definition is broad in once sense and narrow in two other senses. “Broad” includes
all public transit vehicles – which could include pedicabs, taxis, multi-passenger vans,
and even regular cars and trucks – provided they pick up and drop off the general public.
Leaving it at that could allow for a lot of advertising on vehicles. This may or may not be
okay, but it is a debate for a different day.
Community Development
Memo
103
The definition is appropriately narrowed by two other elements in the proposed
amendment: (a) the vehicle needs to be operated by the Town, and (b) it needs to run on
a schedule. This essentially restricts advertising signage to Town shuttle buses.
[As a side note: It is not recommended practice to include regulatory matters in a Code’s
Definitions. This is confusing to the public and leads to misinterpretation for staff and
decision-makers. However, that was done in the Sign Code on this and a lot of other
elements. Rather than approach rectifications piecemeal, staff will be recommending a
comprehensive redraft of the Sign Code that will repair this and other unfortunate code-
drafting matters.]
Applicability Outside the Town Boundary:
At the Aug. 25 CD/CS Committee meeting, a question was asked regarding applicability
or efficacy of the code amendment outside the Town boundary.
This question was posed to Town Attorney White. The answers (paraphrased) are as
follows:
1) Inasmuch as the Town’s Sign Code is in the Municipal Code (§17.66) and is not
part of the Estes Valley Development Code, no County concurrence nor joint
approval is needed;
2) To the extent the question deals with the fact the Town buses travel outside the
corporate limits: The amendment would not present any issues with this aspect.
Our Sign Code does not regulate or limit mobile signage per se.
Staff has also confirmed that no provisions in the Larimer County signage regulations
would limit the efficacy of this amendment outside Town boundary.
Bottom Line: The amendment would allow advertising signs on Town-operated shuttles,
regardless of whether they are inside the Town boundary or not at the time.
Action Recommendation:
Staff recommends approval of the amendment as drafted.
The Community Development/Community Services Committee reviewed the proposal
and the draft amendment on Thu., August 25. The Committee voted unanimously (3-0)
to recommend approval of the amendment to the Town Board of Trustees.
This amendment requires approval by the Town Board to become effective. No County
action is required, as the Sign Code applies only within Town limits.
Budget:
It is difficult to estimate projected revenue at this time, since no formal market study has
been done. Anecdotally, advertisers seem interested in the concept.
Advertising rates would need to be determined and set by the Town. This task could be
done following amendment approval.
Frames and other hardware would need to be ordered and installed. This is not expected
to be a difficult or expensive process.
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Level of Public Interest:
Low.
Recommended Motion:
I move to approve/deny Ordinance No. 22-16.
Attachments:
Draft Ordinance No. 22-16.
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ESTES PARK MUNICIPAL CODE
TEXT AMENDMENT
SIGNAGE ON VEHICLES
§ 17.66.040 Definitions.
Motor vehicle providing public transportation is a motor vehicle operated
pursuant to a certificate of public convenience and necessity to operate as a common
carrier for hire for the transportation of passengers and their baggage, on schedule,
issued by the Public Utilities Commission of the State. Vehicles which are exempt from
regulation as a public utilities pursuant to Section 40-15-101, et seq., C.R.S., are not
eligible for an exemption from the sign code pursuant to this Section.
Motor vehicle providing public transportation is a motor vehicle operated by the
Town of Estes Park, pursuant to a certificate of public convenience and necessity to
operate as a common carrier for hire for the public transportation of passengers and
their baggage on a schedule. Issued by the Public Utilities Commission of the State.
Vehicles which are exempt from regulation as a public utilities pursuant to Section 40-
15-101, et seq., C.R.S., are not eligible for an exemption from the sign code pursuant to
this Section.
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ORDINANCE NO. 22-16
AN ORDINANCE AMENDING THE TOWN OF ESTES PARK MUNICIPAL CODE,
SECTION 17.66.040 - DEFINITIONS
TO ALLOW ADVERTISING SIGNAGE ON TOWN-OPERATED SHUTTLE BUS
VEHICLES
WHEREAS, the Town of Estes Park Community Development / Community
Services Committee has recommended an amendment to the Town of Estes Park
Municipal Code; and
WHEREAS, said amendment to the Town of Estes Park Municipal Code is set
forth on Exhibit “A” attached hereto and incorporated herein by this reference; and
WHEREAS, the Board of Trustees of the Town of Estes Park has determined
that it is in the best interest of the Town that the amendment to the Town of Estes Park
Municipal Code, set forth on Exhibit “A” and recommended for approval by the
Community Development / Community Services Committee be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Town of Estes Park Municipal Code Section 17.66.040 –
Definitions: “Motor vehicle providing public transportation” shall be amended by
substitution, as more fully set forth on Exhibit “A.”
Section 2: This Ordinance shall take effect and be enforced thirty (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 , 2016.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
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I hereby certify that the above Ordinance was introduced and read at a regular
meeting of the Board of Trustees on the day of , 2016
and published in a newspaper of general circulation in the Town of Estes Park,
Colorado, on the ________ day of , 2016, all as
required by the Statutes of the State of Colorado.
Jackie Williamson, Town Clerk
EXHIBIT A
§ 17.66.040 Definitions.
Motor vehicle providing public transportation is a motor vehicle operated by the
Town of Estes Park for public transportation of passengers on a schedule.
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Town Attorney Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Reuben Bergsten, Utilities Director
Date: September 8, 2016
RE: Legal Services – Water Enterprise
Objective:
Review, and if appropriate, approve the retaining of Petrock & Fendel, P.C. to act as
special legal counsel for water matters of the Town’s water system.
Present Situation:
The Town’s Comprehensive Water Master Plan dated May 20, 2015, recommends
addressing reliability, operational efficiency and future water demands of the Town’s
Water System.
As the Town moves forward to implement the recommendations in the Water Master
Plan, it is necessary to seek specific legal services to advise the Town with regard to
water rights matters and possible water court filings.
Also, the Town needs specific legal advice for water matters for the Town’s Scott Ponds
rehabilitation project which involves the necessity to file a new augmentation plan with
the water court for storage of water in the rehabilitated Scott Ponds.
The law firm of Petrock & Fendel, P.C. specializes in providing legal services to local
governments in water law matters. Retention of this firm will enable the Town to begin
implementing the recommendations in the Master Plan and move forward on the Scott
Ponds Augmentation Plan.
Attorney White has worked with Rick Fendel on the Windy Gap Participant’s Committee
for the past number of years and highly recommends Mr. Fendel and his associate,
Matthew Poznanovic, as being capable of providing appropriate legal services for water
matters to the Town.
Proposal:
Attached is a letter dated August 30, 2016 setting forth the terms and conditions for
legal services by Petrock & Fendel, P.C. to the Town and resumes for Mr. Fendel and
Mr. Poznanovic.
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Advantages:
The retention of Petrock & Fendel, P.C. for legal services enhances the ability of the
Town’s Water Enterprises to accomplish the recommendations in the Master Plan and
the Public Works Department to complete the Scott Ponds project.
Disadvantages:
None.
Action Recommended:
Approve the retention of Petrock & Fendel, P.C. as special legal counsel for water
matters.
Budget:
The Town’s Water Activity Enterprise and the Public Works Department budgets contain
sufficient funds for services rendered by Petrock & Fendel, P.C.
Level of Public Interest
Medium. The necessity to continue to upgrade the Town’s Water Activity Enterprise
facilities and service is important to the Town, its citizens, and the surrounding areas of
the Estes Valley.
Sample Motion:
I move to approve/deny the retention of Petrock & Fendel P.C. as special legal counsel
for water matters pursuant to the terms of the letter dated August 30, 2016.
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FREDERICK A. FENDEL, III
Petrock & Fendel, P.C.
700 17th Street, Suite 1800, Denver, CO 80202
(303) 534-0702
rick@petrockfendel.com
♦Thirty-six years experience
♦Changes of water rights, plans for augmentation, including trials and appeals
♦Water supply planning, acquisition, and financing
Education
J.D., University of Michigan 1980
B.A., with distinction, University of Colorado 1977
Job History
Petrock & Fendel, P.C. and predecessor firms 1980 – 2016
Experience
Specialist in Colorado water law for local governments and private clients.
Represented and advised municipalities, county, and special districts in utilities, water rights,
water policy, water quality, contract, general governmental matters, including litigation,
negotiations, public hearings, meetings, and day-to-day advice.
Successfully adjudicated water rights and changes of water rights resulting in tens of thousands
of acre-feet of water and storage for municipal and private water supplies; extensive litigation
experience, including appeals; Participated in acquisitions and sales of tens of millions of dollars
of land and water rights.
Planned and completed many changes of agricultural water rights and augmentation plans,
representing applicants and objectors, public and private parties, requiring resolution of intra-
and inter-ditch injury issues, conflicts with federal, state, and private water projects and instream
flows, environmental effects, post-transfer dry-up and revegetation issues, and water quality
effects.
Participated in Colorado legislative matters, including Colorado Water Congress State Affairs
committee, in support of an opposition to pending legislation. Led successful effort to enact SB
2013-72 (final permits for Denver Basin designated ground water) and SB 15-183 (determination
of HCU in a change case may not be relitigated in subsequent change case).
Advised and represented private parties, including banks, developers, small businesses,
partnerships, non-profit and for-profit corporations, homeowners' groups, investment groups,
farmers and ranchers in acquisition and sale of property, zoning and land use, negotiations with
local governments on land and water rights, water cases, water quality regulation, business
matters, real estate and other matters.
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Representative clients, past & present
City of Thornton Utilities Board City of Aurora
City of Fort Lupton Town of Bennett
Town of Fairplay Town of Kiowa
Town of Wiggins Town of Gilcrest
Gilpin County Alpensee Water District
Pikes Peak Regional Water Authority
Donala Water & Sanitation District
East Dillon Water District
Purgatory Metro District
Rangeview Metropolitan District
Dominion Water and Sanitation District
Upper Clear Creek Watershed Association
Clear Creek School District
North Table Mountain Water and Sanitation District
Cherry Creek Valley Water and Sanitation District
Upper Black Squirrel Creek Groundwater Management District
E-470 Public Highway Authority
Metro Wastewater Reclamation District
American Golf Corp.
The Agricultural Ditch & Reservoir Co.
Soda Lakes Reservoir & Mineral Water Co.
Rocky Ford Ditch Sellers Group
Pure Cycle Corporation
Koelbel & Company
Loveland Ready Mix Concrete
Varra Companies
Village Homes
Ducks Unlimited
Sleeping Indian Ranch
The Consolidated Mutual Water Company
Recent Appellate Cases
City of Aurora v. ACJ Partnership, et al., 209 P.3d 1076 (Colo. 2009)
East Cherry Creek Valley Water and Sanitation District v. Rangeview Metropolitan District, 109
P.3d 154 (Colo. 2005)
References available
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MATTHEW S. POZNANOVIC
700 17th Street, Suite 1800
Denver, CO 80202
(303) 534-0702
matt@petrockfendel.com
EDUCATION:
University of Denver College of Law, Denver, CO
Juris Doctor, May 1998
Admitted to Colorado Bar, October 1998
University of Denver, Denver, CO
Bachelor of Arts, June 1994; Major: Communication, Minor: Philosophy
LEGAL EXPERIENCE:
Shareholder
Petrock & Fendel, P.C., Denver, CO April 2004-Present
Provide legal representation to public and private water users as Applicants and Opposers regarding water law
related matters, including adjudication of water rights and ground water rights, changes of water rights, and
augmentation plans. Successful adjudications of thousands of acre-feet of water for storage, augmentation and
municipal use.
Practice Areas: Water law, including water rights adjudications, changes of water rights, augmentation plans,
ground water rights, local government. Administrative proceedings before the Colorado Ground Water
Commission, litigation in Water Court and appellate practice before the Colorado Supreme Court.
Assist clients with water related transactions, including negotiating water rights purchases, easements and
license agreements.
Experience drafting water court applications, decrees, motions and other pleadings filed in water court and in
administrative proceedings.
Assistant Attorney General
Office of the Attorney General, Denver, CO April 2000-March 2004
Provided legal representation for the Division of Water Resources, Colorado Ground Water Commission and
Colorado Water Conservation Board regarding water law related matters.
Presented oral argument to the Colorado Supreme Court and drafted response brief in the appeal of a Water
Division 1 water case.
Lead counsel in successful abandonment of water rights action in Water Division 2 water court.
Represented the Office of the Division Engineer for Water Division 2 in enforcement proceedings.
Represented the Staff of the Ground Water Commission in administrative hearings.
Assisted lead counsel in rulemaking proceedings and hearing for the Arkansas River Water Bank Pilot Program.
Responsible for drafting pleadings, researching and drafting trial briefs and legal memoranda, preparation of
witnesses and exhibits, and negotiating and drafting settlement agreements.
REPRESENTATIVE PUBLISHED CASES:
City of Aurora v. ACJ Partnership, 209 P.3d 1076 (Colo. 2009)
Groundwater Appropriators of the South Platte River Basin, Inc. v. City of Boulder, 73 P.3d 22 (Colo. 2003)
PUBLICATIONS:
Co-author, Colorado Water Law Benchbook, Chapter 2: Surface Water Rights.
PERSONAL:
Interests include skiing and running.
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