Loading...
HomeMy WebLinkAboutPACKET Town Board 2015-05-12The 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, May 12, 2015 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 April 28, 2015 and Town Board Study Session Minutes dated April 28, 2015. 2. Bills. 3. Committee Minutes: A. Community Development & Community Services Committee, April 23, 2015. 1. 2015 Shuttle Services Contract with Rocky Mountain Transit Management (McDonald Transit). 4. Estes Park Board of Appeals Minutes dated January 8, 2015, February 5, 2015, March 12, 2015, March 26, 2015 and April 2, 2015. 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP – FROM HESS ENTERPRISES, INC., DBA HUNTERS CHOPHOUSE, TO LOTUS GLOBAL, INC., DBA HUNTERS CHOPHOUSE, 1690 BIG THOMPSON AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk Williamson. Prepared 5/3/15 * NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE #04-15, Rezoning from E-Estate to R-2 Two-Family Residential, Lot 4, Twin View Resubdivision, 1650 Avalon Drive, Cindy Younglund-Liddell & Robert Liddell/Applicant. Planner Kleisler. B. ORDINANCE #06-15, Estes Valley Development Code Amendment, Section 4.4.B, Table 4-4: Permitted Uses, Non-Residential Zoning District. Amendment to allow small-scale pet grooming in the CD-Commercial Downtown zone district as an accessory use to pet-related retail establishments. Planner Kleisler. 4. ACTION ITEMS: 1. SCOTT PONDS NATURAL AREA DAM MODIFICATIONS – APPROVAL OF DESIGN CONSULTANT CONTRACT. Engineer Ash. 2. ORDINANCE #07-15 LEASE OF THE HYDRO PLANT PICNIC GROUNDS (VICKIE O’CONNOR PAVILLION). Director Winslow. 3. ORDINANCE #08-15 ART IN PUBLIC PLACES. Director Muhonen. 4. LOCAL MARKETING DISTRICT INTERVIEW TEAM APPOINTMENTS. Town Clerk Williamson. 5. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(e) C.R.S. – For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators. Town Administrator Contract. 6. ADJOURN. Town of Estes Park, Larimer County, Colorado, April 28, 2015 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 28th day of April 2015. Present: William C. Pinkham, Mayor Wendy Koenig, Mayor Pro Tem Trustees John Ericson Bob Holcomb Ward Nelson Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Randy Williams, Assistant Town Attorney Jackie Williamson, Town Clerk Absent: Greg White, Town Attorney Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION: The Mayor proclaimed the month of May as Emergency Preparedness month. Mayor Pinkham also proclaimed May 15th as Arbor Day in Estes Park and May as the month of the tree. PUBLIC COMMENTS. Adam Shake & Diane Muno/Rocky Mountain Performing Art Center Trustee provided an update on the organization and the status of the performing art center. The organization has rented out the site to the Barrel, an outdoor tavern, for the next two years. The capital campaign continues to progress with efforts doubling. A pre- application hearing with Community Development would be held to review the development plan requirements for the center. Anil Singh/Town citizen shared with the community his efforts to help his county of Nepal after the devastating earthquake. He has begun raising funds to provide survival kits through a crowd funding platform. He stated the main concern would be for the long term recovery and the need for professionals to help the country address major infrastructure issues. TRUSTEE COMMENTS. Mayor Pro Tem Koenig stated the Estes Park Western Heritage would hold a special art event on May 29, 2015 at the Event Center titled Windows to the West, Celebrating the Fine Art of the West. Trustee Phipps provided an overview of the April Planning Commission meeting agenda, including an update on the amendment to the development code for small animal grooming downtown, comprehensive plan update and several updates on projects. Trustee Ericson provided an overview of the April 15, 2015 meeting of the Transportation Advisory Board, including an update on the shuttle schedule, parking garage design and BOR permission, update on Dry Gulch reconstruction, and the development of a master parking plan. Mayor Pinkham thanked staff for the efforts in preparing for and executing the special Town Board meeting at the Event Center on April 15, 2015. Board of Trustees – April 28, 2015 – Page 2 TOWN ADMINISTRATOR REPORT. Administrator Lancaster introduced the new Assistant Town Administrator Travis Machalek. 1. CONSENT AGENDA: 1. Town Board Minutes dated April 14, 2015, Town Board Study Session Minutes dated April 14, 2015 and Special Town Board Minutes dated April 15, 2015. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities & Public Works Committee, April 9, 2015. 4. Transportation Advisory Board Minutes dated March 18, 2015 (acknowledgement only). 5. Parks Advisory Board Minutes dated March 19, 2015 (acknowledgement only). 6. Estes Valley Planning Commission Minutes dated March 17, 2015 (acknowledgement only). It was moved and seconded (Koenig/Norris) to approve the Consent Agenda, and it passed unanimously. 2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEM: A. AMENDED DEVELOPMENT AGREEMENT – Lot 7, Marys Lake Subdivision Replat, TBD Kiowa Court; Greg Coffman/Applicant. Planner Shirk. Item continued to the May 26, 2015 Town Board meeting at staff’s request. B. AMENDED PLAT, DEVELOPMENT AGREEMENT & REZONING REQUEST. Amended Plat, Development Agreement and Rezoning have been continued to the May 26, 2015 Town Board meeting at staff’s request.  AMENDED PLAT & DEVELOPMENT AGREEMENT Portion of Lot 25, Block 10, Town of Estes Park, & portion of Lot 8A of the Amended Plat of a portion of Lots 7, 8, 24, & 25, Block 10, 2nd Amended Plat, Town of Estes Park; 175 Spruce Drive and the adjacent undeveloped land; Silver Moon, LLC/Owner. Planner Shirk.  ORDINANCE #03-15 Rezone from RM-Multi-Family Residential to CD- Commercial Downtown, Silver Moon, LLC/Owner. Planner Shirk C. ORDINANCE #04-15, Rezoning from E-Estate to R-2 Two-Family Residential, Lot 4, Twin View Resubdivision, 1650 Avalon Drive, Cindy Younglund-Liddell & Robert Liddell/Applicant. Planner Shirk. Item continued to May 12, 2015, Town Board meeting at applicant’s request. 2. REPORT ITEMS: A. ESTES VALLEY DEVELOPMENT CODE AMENDMENT, Section 4.4.B, Table 4-4: Permitted Uses, Non-Residential Zoning District. Amendment Board of Trustees – April 28, 2015 – Page 3 to allow small-scale pet grooming in the CD-Commercial Downtown zone district as an accessory use to pet-related retail establishments. Planner Kleisler provided an update on the proposed amendments to the Estes Valley Development Code addressing pet-grooming in the Commercial Downtown zoning district as an accessory use only, limited to 2 animals at one time and no overnight boarding. The changes to the code would be brought forward for the Board’s consideration at the May 12, 2015 meeting. 3. ACTION ITEMS: 1. ORDINANCE #05-15 – PUBLIC HEARING – 2015 - 2018 WATER RATE INCREASE. Director Bergsten stated the public water utility is a cost-based entity that relies solely on user fees to maintain operations and upgrade the utility to meet ever-increasing federal compliance standards. Periodically the utility performs a rate study to determine what rates are needed to provide water to the customers and meet the federal standards. Cil Pierce/HDR consultant provided a presentation on the rate study that was presented at the March 24, 2015 Town Board meeting outlining the proposed rate increases of 9.9%/2015, 9.9%/2016, 9.9%/2017 and 8%/2018. Director Bergsten stated the new rates would allow the Water department to begin the replacement of over 30 miles of outdated water lines. The current water revenues are not adequate to meet the bonding needs for bond payments. The capital improvement plan would be coordinated with Public Works to ensure street repairs are conducted after water line improvements. Lindsay Lamson/261 Baker thanked the Board for addressing the issue and upgrading the water system to ensure the Town maintains quality water for the citizens and guests. He suggested the rate increases were not enough and would encourage the Board to adopt a fixed $5 capital charge, a dedicated revenue source, to fund bond payments and complete the replacement of the water lines sooner. Assistant Attorney Williams read the Ordinance. It was moved and seconded (Norris/Ericson) to approve Ordinance #05-15, and it passed unanimously. 2. FISH CREEK CWCB GRANT TRANSFER TO ESTES VALLEY WATERSHED COALITION. Director Chilcott stated the Town received notice from the Colorado Water Conservation Board (CWCB) on July 25, 2014 that the Town had received funding for the Fish Creek Restoration Project from Brook Drive to County Club Drive in the amount of $200,000 through Senate Bill 14-179. The Town has been in discussions with the Estes Valley Watershed Coalition to transfer the funds to the Coalition to manage projects, thereby freeing up Town staff to work on other projects. The CWCB has facilitated such transfers in the past and would be in favor of transferring the funds. A letter requesting the transfer must be signed by both the Town and the Coalition in order to transfer the funds. Frank Theis/Town citizen and Estes Valley Watershed Coalition President stated the Coalition agrees to the transfer as it would eliminate the burden of staff administering the funds. It was moved and seconded (Koenig/Holcomb) to approve the transfer of Senate Bill 14-179 grant awarded funding for the Fish Creek Restoration Project from Brook Drive to Country Club to the Estes Valley Watershed Coalition form the Town of Estes Park and to send a letter to the Colorado Water Conservation Board mortifying them of this transfer approval, and it passed unanimously. 3. FALL RIVER TRAIL EXTENSION – APPROVAL OF DESIGN CONSULTANT CONTRACT. Director Muhonen stated the Town was awarded a Paul Board of Trustees – April 28, 2015 – Page 4 Sarbanes grant to provide funding for both a NEPA Categorical Exclusion and Engineering Design Services for the extension of the Fall River Trail. The grant provides funding to create bid documents to be used for construction of the Fall River Trail from its current end point at Sleepy Hollow Court/Fall River Road intersection west to the Fall River Visitor Center, approximately 2.5 miles. The September 2013 flood lowered the priority for this project, however, the grant requires the Town spend and grant reimbursements requested by June 2015. Engineer Ash stated the Town completed an RFP process and received three responses from Loris and Associates, Felsburg, Holt and Ullevig, and Otak. All three bids were reviewed using federal guidelines to select the most qualified firm. The highest ranked firm, Loris and Associates, demonstrated a thorough knowledge of the NEPA process, identified design challenges in the project area and offered a detailed conceptual approach to mitigate these challenges. A total project cost of not to exceed $334,635 was negotiated with the firm, meeting the grant funding of $337,000. After further discussion, it was moved and seconded (Koenig/Norris) to approve a professional services contract for the Fall River Trail Extension NEPA Categorical Exclusion Development and Consulting Engineering Services to Loris and Associates, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 9:10 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado April 28, 2015 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 28th day of April, 2015. Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson, Holcomb, Nelson, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Finance Officer McFarland and Town Clerk Williamson Absent: Town Attorney White Mayor Pinkham called the meeting to order at 4:30 p.m. TRUSTEE COMMENTS & QUESTIONS. Trustee Norris stated the special Town Board meeting on April 15th was insightful. He outlined his understanding of the steps that would follow during the next few month in relation to the Loop project and NEPA study. Trustee Ericson commented the Transportation Advisory Board discussed the need for traffic signal changes to address traffic concerns. Director Muhonen would discuss the signal timing with CDOT. Trustee Holcomb questioned the status on the purchase of a motel for seasonal employee housing, the repainting of the stall barns, reroofing of the conference center and Scott ponds. Administrator Lancaster would follow up on the employee housing issue; community service workers are schedule to repaint the stalls; the reroofing has not been schedule and would be addressed by the new Facilities Manager; and a consultant has been hired, an RFP issued for the design and the item to be presented at the May 12, 2015 Town Board meeting. Mayor Pro Tem Koenig stated the Community Service Officers (CSOs) should work the intersection of Elkhorn and Moraine during the “barnes” dance trial period this summer. This would ensure the data collected would be accurate as the CSOs use to work the intersection to ensure pedestrians moved freely through the intersection. The trial period should consider all scenarios possible, i.e. normal intersection crossing with officer, ‘”barnes” dance only, “barnes” dance with officer, etc. Staff would review options and discuss with CDOT. She questioned if the 2003 Transportation Study was endorsed by the Town Board. Mayor Pinkham stated new Board members should be provided a set of core documents for review. He stated the Rocky Mountain Conservancy would like a letter of support from the Town Board for the purchase of the Cascade Cottages, an inholding within the park. The Board agreed the mayor should provide a letter of support. FUTURE STUDY SESSION AGENDA ITEMS. Trustee Holcomb requested the Board discuss the conference center and the continued loss of business due to the size of the center. The item would be added to the list of unscheduled items. Town Board Study Session – April 28, 2015 – Page 2 Other items included the scheduling of a briefing on storm drainage, Dry Gulch reconstruction issues to be heard at the May 12th meeting, and Economic Development Strategic Planning with Avalanche Consulting on June 9th. DISCUSS FISH HATCHERY PROPERTY. Administrator Lancaster stated the Fish Hatchery property was recently appraised. The area was divided into three development areas, East, West and Town area including the hydro plant museum and picnic grounds. The western site includes the undeveloped area south and east of the hydro plant containing a large wooded and open grass area abutting the Park. This area could be used to connect the Fall River trail with the Park trail. The eastern site contains the old fish hatchery operations and currently contains employee housing and town storage. The appraisal found the western portion valued at $2 million and the eastern at $3.5 million. Staff has reviewed the possible uses of the property and would suggest the eastern portion could be used to address housing needs. The property could be used to build workforce housing that is deed restricted and require individuals to be employed within Estes Park. This would prevent the units from being retirement homes. The Town would work with the Housing Authority to develop the units and maintain three units for Town employee housing as three units would be lost with the redevelopment. The Town could sell the property and leave the future development up to the developer. Any storage onsite would need to be relocated. The western portion could be used for recreation such as a Nordic area or sled hill and add to the destination marketing products. Board discussion followed: Mayor Pro Tem Koenig stated a portion of the lot should be sold, funds used to purchase Elkhorn Lodge property to build seasonal housing that individual businesses can bid on, and use the upper 40 acres for the development of for profit units by a developer. This would allow seasonal housing to be closer to downtown. Further study should be conducted to determine the type of housing needed by seasonals such as dormitory style versus one or two bedroom units. Trustee Norris stated any direction or criteria used to discern the future use of the property should be tested against the strategic plan, mission and vision of the Town. Trustee Nelson suggested the Town should complete the downtown visioning process prior to making final decisions related to the property. Trustee Ericson expressed housing has become one of the most important issues the Town faces and barriers to its development need to be removed. He suggested the Board discuss the height limit within the Development Code and review areas in which it could be increased and not negatively impact the view corridors. Mayor Pinkham stated the Town should discuss who would be involved in evaluating the needs and options. Trustee Phipps commented the Town needs to address water rights when discussing the sale of the fish hatchery property. Mary Bankin/Estes Valley Land Trust requested the Board consider partnering with the Land Trust to preserve a portion of the land as a conservation easement. The Land Trust would purchase the land and funds from the sale could be used to build housing. The area could be used as a low impact recreational area with public fishing along the river. Rita Kurelja/Estes Park Housing Authority stated the property would not be a good location for seasonal housing; however, it would be a good location for workforce housing. COMMUNITY REINVESTMENT FUND 5 YEAR PLAN. Finance Officer McFarland reviewed the status of the newly created 1% sales tax funds: emergency response, community center, trails and street funds. The community center fund would collect funds for the next 5 years to be used toward the construction of a community center or a standalone senior center. No projects have been budgeted for this fund. The trail fund does not currently have projects budgeted but could be used for the Dry Gulch reconstruction trail or flood repairs to other trails. The street fund Town Board Study Session – April 28, 2015 – Page 3 contains vehicle replacement and purchases, employee salaries, $1.7 million for the reconstruction of Dry Gulch in 2015. A pavement manager would be hired to develop a 10 year street improvement plan in 2015. The Open Space fund has $300,000 in revenues with approximately $500,000 in funds budgeted for 2015 and no specific projects identified. The funds could be used for the completion of the Bond Park Master Plan, Scott ponds, and flood recovery as long as the items were originally purchased by the fund. Community Reinvestment fund had a $959,547 fund balance at the end of 2015; however, with the recent Board approval to increase the cost of relocating the parking garage to the south visitor parking lot at a cost of $700,000 and upgrades to the Visitor Center restrooms at $200,000 the fund balance at the end of 2015 is estimated at $49,322. Staff prepared a list of potential projects including roads and bridges, parking improvements and building totaling over $55 million. UPDATE ON SIGN CODE REVISION. Code Enforcement Officer Reichardt stated the first draft of the revised sign code has been completed on time and under budget. The second draft of the code would be completed in the next week and would include tables and pictures as references. Randall Morris/sign code consultant commented the revised code would be legally defensible. The next review processes would be directed by the Board. Staff could provide a review of the proposed code to the Estes Valley Partners for Commerce, the retail business and the accommodations. There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, April 23, 2015 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 23rd day of April, 2015. Committee: Chair Ericson, Trustees Holcomb and Phipps Attending: Chair Ericson, Trustees Holcomb and Phipps Also Attending: Town Administrator Lancaster, Directors Chilcott and Winslow, Managers Salerno and Lynch, Curator of Education Mittelman, Coordinators Wells and Jacobson, and Deputy Town Clerk Deats Absent: None Chair Ericson called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. STAFF COMMENT. Town Administrator Lancaster introduced Travis Machalek to the Committee. Travis was hired as the Assistant Town Administrator and began work on April 20, 2015. COMMUNITY DEVELOPMENT DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Quarterly Community Development Report – Director Chilcott provided a report on the activities of the Community Development Department through the first quarter of 2015. Highlights included: o Building permits and safety services have both seen a significant rise in activity. Permits, valuations and fees have increased 29% over the same period of time in 2014. These figures do not include the Falcon Ridge project which will be included in the next quarter’s statistics. She noted that some plan reviews are being contracted out to local firms to maintain the current plan review timetable and a high level of customer service. o Adoption of the 2015 International Building Code is on track. The Board of Appeals (BOA) is participating in the process by reviewing significant changes that may need local amendments. Trustee Phipps requested the dangerous building code be included as an agenda item at a study session in August to coincide with the BOA discussion of this topic. o Addressing project to enhance public safety and easier location of properties is ongoing. o Flood Plain Management continues, focusing on recovery, mitigation, funding, insurance, and working with the watershed coalition. An estimated $8 million worth of damage occurred in the downtown corridor during the flood in September 2015. It is estimated that it would take approximately $20 million to repair the damage and reduce risk for future damage. Director Chilcott noted that funding requests have not been particularly successful because funding entities tend to look at individual portions of a project instead of looking at the big picture. However, funding has been received for a hydrology study on Fall River, the Big Thompson and Black Canyon; and a Downtown Neighborhood Plan. o Sign Code rewrite is in process and on schedule with a goal of June 2015 for completion. o Modernization of the Comp Plan is ongoing. o Vacation Home Rental meeting will be held on May 14th to collect public input and will be a topic of discussion at an upcoming Study Session. Community Development / Community Services – April 23, 2015 – Page 2  Verbal Updates – o Lot 4 – Due to non-compliance issues that exist at the Stanley Hotel on Lot 1, review of the development plan for Lot 4 has been delayed. COMMUNITY SERVICES DEPARTMENT. CONTRACT FOR SHUTTLE SERVICES WITH ROCKY MOUNTAIN TRANSIT MANAGEMENT. Coordinator Wells brought forward a contract for shuttle services with McDonald Transit Associates, Inc., Rocky Mountain Transit Management. The contract is the same as last year’s contract with the exception of an increase in the hourly service rate. The rate for 2015 will be $55.88/hour which includes routine maintenance, shuttle drivers, insurance, and fuel costs up to $2.50 a gallon. In addition to the Town-owned trolley, a second trolley will be rented for operation during the summer of 2015. The Committee recommends the contract with Rocky Mountain Transit Management as specified in the agreement with funding from accounts 101-5600-456-22-60 and 101-5600- 456-22-98 budgeted, be included as an item on the Consent Agenda at the May 12, 2015, Town Board meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Museum Quarterly Report – Curator of Education Mittelman provided highlights from the report. o Two hands-on mountaineering programs were held in January and drew approximately 40 participants. o The Pioneers of the Peaks series drew 175 people in January, 77 people in February, and 132 people in March. The series will continue with a variety of speakers through June 2015. o Oral histories about the September 2013 flood are being collected from a cross section of the community. o The “Climb On!” exhibit is attracting a new audience to the museum. Curator Mittelman said lower attendance over the past few years may be attributed to not participating in the community’s “Imagine This!” event, as well as less participation in the Friends of the Museum’s historic tours and the Coolest Car Show. Efforts to promote visitation to the Hydroplant include training the museum volunteers to encourage visitors to add a tour of the Hydroplant to their Estes Park experience. In regard to the museum collection facility, Directors Fortini, Winslow, and Muhonen are working to put together an RFP. Staff will come forward to the full Board in September with information related to a building and financial plan for the facility.  Visitor Services Quarterly Report – o Visitor counts were up 31% over first quarter 2014. o The Visitor Center Open House will be held on Thursday, April 30th. o Manager Salerno stated that the annual training for Visitor Center volunteers will be held on Tuesday, May 12, 2015. She publicly thanked the Ambassadors for the time and effort they devote to staffing the Visitors Center on weekends, throughout the summer, and during the week when needed. o Installation of kiosks in the Visitors Center will be postponed until September to allow time for proper installation and training.  Facility Booking Update – Manager Lynch reported on bookings at Town facilities and strategies to attract events to Estes Park. o To date, 15 contracts have been signed and scheduled: two in the Event Center, nine at the Conference Center, three at the Fall River Picnic area, and one at the Senior Center. Room rental fees alone for these events equal $17,745. o A gymnastic events will be held at the Event Center the first weekend of May. o Website and print ads are utilized. o Attendance at a national sports symposium in Milwaukee will provide an opportunity to speak to many sporting event planners. Community Development / Community Services – April 23, 2015 – Page 3 o Destination Colorado annual event will be held in August bringing approximately 50 event planners to Estes Park. She said that some obstacles she encounters are: o Larger events cannot be accommodated with the existing facilities. o Conference Center is too small for many groups. o Lodging not being a part of the venues is an issue for some groups. o Utilizing shuttles between venues is inconvenient and adds to the total cost of events. o Groups requesting weekend dates during the summer cannot be accommodated. Due to a previously scheduled appointment, Trustee Phipps left the meeting at 10:00 a.m.  Verbal Updates – o Visit Estes Park (VEP) CEO Fogarty provided the Committee with information about how the VEP marketing budget will be used to promote visitation to Estes Park and events held at the Event Center. She said approximately one-quarter of the budget is earmarked for print advertising, with the balance being utilized for digital advertising, e-newsletters, paid advertising on social media sites such as Facebook, and radio advertising. o Upcoming Events – Event Coordinator Jacobson reported on upcoming events which include: a gymnastics event the first weekend of May, GeoFest, Duck Festival, dressage horse show, Western Days, JazzFest 25th Anniversary, Wool Market 25th Anniversary, and performers scheduled for weekdays at various locations around Town such as Bond Park and Riverside Plaza. There being no further business, Chair Ericson adjourned the meeting at 10:30 a.m. Cynthia Deats, Deputy Town Clerk 1 To: Community Development/Community Services Committee Town Administrator Lancaster From: Brian Wells, Shuttle Coordinator Date: April 23, 2015 RE: Contract for shuttle services with Rocky Mountain Transit Management Objective: Rocky Mountain Transit Management (RMTM) (McDonald Transit Associates Inc.) has made a contract offer to continue operating the busses for the 2015 Estes Park FREE Shuttle Service. RMTM will lease one vehicle from Davey Coach not to exceed the price of $3,435 for the vehicle per month and the Town of Estes Park will reimburse vehicle lease costs. RMTM will maintain and insure the Town’s trolley under the same terms and conditions outlined in the service contract. The Town will pay to install/uninstall Connexionz GPS tracking as appropriate per owned/leased vehicles, not to exceed $500 per vehicle per season. The hourly service rate for 2015 will be $55.88 which includes routine maintenance, shuttle drivers, insurance, and fuel costs up to $2.50 a gallon for the five full-service shuttle schedule and charters. The service contract with Rocky Mountain Transit Management (McDonald Transit Associates Inc.) is a continuation/piggyback of the five year contract (2015 = 3 rd year) between Rocky Mountain National Park with Rocky Mountain Transit Management (McDonald Transit Associates Inc.). Continued… Community Services Memo 2 Proposal: The Rocky Mountain Transit Management (McDonald Transit Associates Inc.) contract proposal is attached. Advantages:  Offering continued shuttle service (tenth season) for guests and residents of Estes Park and the surrounding community.  Reduction in the amount of private vehicles on local roads and emissions. Disadvantages:  Reduced access to local business and services for guests, residents, and summer workers.  Greater number of private vehicles utilizing area roads and emissions. Action Recommended: Acceptance of the agreement with McDonald Transit Associates Inc. to provide shuttle services for the Town of Estes Park, as specified in the agreement. Budget: The 2015 Estes Park FREE Shuttles budget is attached, showing the McDonald Transit Associates Inc. contract as a part of the whole budget. Transportation Fees #101-5600-456-22-60 Other (Charters) #101-5600-456-22-98 Level of Public Interest:  The Estes Park Free Shuttles served a total of 90,083 riders in 2014 with approximately one-third being local residents and summer workers.  The Shuttle Committee accepts regular requests for shuttle stops from area businesses and potential riders.  Through the 2014 shuttle season (nine years), we have served 432,187 riders.  Shuttles provide alternate transportation while reducing traffic congestion and emissions Staff Recommendation: Staff recommends approval of the agreement. Continued… 3 Recommended Motion: I move for approval/denial of the agreement with McDonald Transit Associates Inc., to provide shuttle services for the Town of Estes Park, as specified in the agreement and sent to the Town Board, to be included on the Consent Agenda at the May 12, 2015, Town Board meeting. Attachments:  2015 Town of Estes Park Transportation Budget  2015 Agreement with McDonald Transit Associates Inc. Note: Not applicable. RECORD OF PROCEEDINGS Estes Park Board of Appeals 1 January 8, 2015 Board Room, Estes Park Town Hall Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo Attending: Members Klein, Spooner, Calvin, Darling, and Schiaffo Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit Technician Charlie Phillips, Recording Secretary Karen Thompson, Larimer County Building Official Eric Fried Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological sequence. CBO Birchfield opened the meeting and explained the different codes that make up the set of International Building Codes: International Building Code, International Residential Code, International Existing Building Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Existing Building Code, and the International Property Maintenance Code. There are books available for checkout from the Division of Building Safety office. There will also eventually be a reference set at the Estes Valley Public Library. This set will not be available for checkout. CBO Birchfield realizes the adopted local amendments are not on the Town website. There was a question as to whether we had the correct version posted, so they were removed. Please contact the Division of Building Safety if you need a copy of these amendments. CBO Birchfield stated along with revised building codes, a book is published outlining the significant changes from the last revision. He will be studying these books carefully. He stated the Town Board of Trustees have the authority to make changes to the codes. Citizens will have the opportunity to suggest and discuss changes to consider. In addition to many pubic stakeholder meetings, there will be at least one public Town Board hearing where the public can speak out for or against the proposed local amendments. The elected officials need to be able to make informed decisions, and public input during this process is very important. CBO Birchfield stated he is proposing to move from the currently adopted 2009 building codes to the 2015 codes, skipping the 2012 codes. Code adoption is a very time-intensive and expensive project, usually taking about one year from start to finish. Larimer County is proceeding to adopt the 2015 codes, so it would make sense for the Town to align with the County and do the same. Member Spooner stated he was interested in having the Board of Appeals hear from staff the issues that keep coming up with the builders concerning the current codes and amendments. CBO Birchfield stated there will be ample time to discuss all the issues, and it will be very important to do so in order for everyone to have a clear understanding of what is being adopted. Inspector Traufield expressed his willingness to address some of the issues that frequently arise. Policies and procedures will also be open for discussion. They are created to help the office run smoothly, and need to be put into practice for a while to determine if there are any unintended consequences. Legal Responsibilities for Board Members Town Attorney Greg White was in attendance to review the legal and procedural issues that may arise with Board members. Each Board member had information in their meeting packet explaining details on the following subjects: Conflict of Interest, Open Meeting Law and Open Records Requests, Amendment 41 (gifts), Quasi-Judicial Hearings, and Ex-Parte Communications. Attorney White explained each of the documents in details. These documents can be viewed by calling Karen in the Community Development Department at 970-577-3721. Board of Appeals Bylaws Attorney White stated the proposed bylaws need to be reviewed before the next meeting. Member Spooner stated there was confusion about what was needed in order for a motion to pass. CBO Birchfield stated one of the major topics of discussion with the Board would be local amendments to the bylaws, which outline the provisions for the appeals process. CBO Birchfield proposed adopting the appeals process into the local amendments for the Building Code, then reference it in all other RECORD OF PROCEEDINGS Estes Park Board of Appeals 2 January 8, 2015 Board Room, Estes Park Town Hall codes. By adopting one appeals process for all codes, consistency is maintained, which is important. Member Spooner questioned the process where fractions are used (2/3 vote required to pass, etc). He suggested using whole numbers to determine a quorum, majority vote, etc. Attorney White stated he would recommend amending the building codes to have a quorum of three. Larimer County Building Official Eric Fried stated the county was hoping to have the 2015 codes and local amendments adopted before the end of 2015, to be effective January 1, 2016. He will be in communication with CBO Birchfield and the Board concerning local amendments for the county, and would hope there can be some consistency between the two jurisdiction’s local amendments. Election of Officers Secretary Thompson stated the election of officers would occur at the next meeting. Future Meeting Schedule After discussion among the Board, it was tentatively decide to meeting on the first Thursday of each month. The next regularly scheduled meeting will be Thursday, February 5, 2015, at 4 p.m., and ending no later than 6 p.m. 2015 International Building Code CBO Birchfield stated one of the first things presented to the Town Board would be a proposal to adjust the building permit fees schedules. The Town is using the fee schedule from the 1997 Uniform Building Code, and it is time to update it to align with current valuations. Current fees are based on actual costs for remodels and renovations, so if the valuation for new construction is inaccurate, the remodel fees are disproportionate if based on square footage. CBO Birchfield stated staff would be looking at square foot costs for spec. homes, custom homes, log homes, and commercial structures. The fee schedule should be adjusted to ensure fees are equitable for all involved. CBO Birchfield stated he would also like the Board to consider a unit fee for some of the miscellaneous over-the- counter permits (water heaters, furnaces, etc.) Additional fees could be assessed for those contractors who habitually do not pass final inspections. He would also appreciate feedback from stakeholders on the Contractor Licensing program to learn what is and what is not working. The program has proved valuable to the department. CBO Birchfield stated staff will do legwork for the significant changes and bring them to the Board for review. The Board will discuss and make recommendations to the Town Board for approval or disapproval. During the Board discussions, the public will have the opportunity to provide input concerning any proposed changes, and could also make suggestions for other discussion topics. CBO Birchfield stated that when he refers to “staff”, it includes the entire Community Development Department. He stated in addition to being the Chief Building Official, he is also the Town Floodplain Manager. Regular Board of Appeals meetings will be held until the adoption of the 2015 Codes and Local Amendments. After that, the Board would only meet if there is an appeal application submitted. Before distributing the appeal information, CBO Birchfield would make sure the language is clear as to what the applicant was appealing. CBO Birchfield distributed an example of a proposed 2009 local amendment to familiarize the Board with the formatting. He stated not every significant issue in the code books will be significant to the Town of Estes Park. Some changes will be as simple as completing a required form. He briefly discussed Section 113 of the IBC, the Right to Appeal, touching on the timeline for the appeal request, hearing schedule, legal notices, etc. The Board would render a decision to the appellant. Following that decision, the appellant and/or the Town has the right to appeal the Board of Appeals decision to a higher court. CBO Birchfield explained the appendices are not automatically a part of the code unless specifically adopted. The adoption of the 2009 local amendments included Appendix B, which includes the Board of Appeals. He suggested the Board study each code’s appeals section to determine what language they want to use for the Estes Park local amendment. Secretary Thompson will send the appeals sections from each code to the Board for review. RECORD OF PROCEEDINGS Estes Park Board of Appeals 3 January 8, 2015 Board Room, Estes Park Town Hall CBO Birchfield stated once adopted, the Board does not have the right to waive the requirements of the code. The CBO also does not have that right. The elected officials, Board of Appeals, and staff are required to comply with it, unless the elected officials revise or repeal it. CBO Birchfield stated the next meeting would include information on fees and possibly the Property Maintenance Code. He would be polling the Board for feedback on how involved they want to be with code adoption, as this Board has not been involved with that process thus far. He stated the Board would be charting new territory, and he wanted to make sure they were up for the challenge. As for the stakeholder meetings, he stated different groups would be targeted for discussions on particular codes, but all meetings would be open to the public. The Board members would be included in all communications. Staff is in the process of compiling stakeholder email distribution lists of specific areas of expertise. Joe Coop asked for CBO Birchfield’s opinion on why the Town was considering adopting the International Property Maintenance Code (IPMC). CBO Birchfield responded by stating the current regulations require a building to become imminently dangerous before he would have the authority to act. If the IPMC was adopted, he would not have to wait until it was a crisis. The building code talks about how to build buildings, and does not require them to be maintained. The IPMC does not let a dangerous situation become a crisis, by allowing the CBO to act before it becomes imminent. Local amendments could address the issue of the right to inspect private homes. CBO Birchfield ‘s opinion is property owners are required to maintain buildings to the code they were built to, unless it’s unsafe. The final word will be up to the elected officials. CBO Fried stated Larimer County discussed adopting, but decided against it. Instead, the County adopted the 1991 Uniform Code for the Abatement of Dangerous Buildings. Member Spooner stated there may be some conflicts in the IPMC with planning (external design, yard maintenance, etc.) and the Fire Code that would need to be reviewed and aligned with other codes. CBO Birchfield stated all items would be on the table for discussion. Theresa White asked if the Town was a member of the International Council for Local Environmental Initiatives (ICLEI). She stated the ICC was a subgroup of ICLEI. ICLEI was established to enforce the United Nations Agenda #21 treaty that Congress did not ratify, instead giving authority to local governments. She was concerned about the involvement of ICLEI in Estes Park. Member Calvin inquired about the signature page on the Rules and Responsibilities page. Secretary Thompson stated if the members agreed with the document, they were to sign it and return it to her at the next meeting. The original would remain in their notebooks. CBO Birchfield stated the Town has agreed to pay for each Board member to attend one day of the Colorado Educational Institute in March. This conference is one of the best in the nation for ICC training. If you’re able to attend, please give your registration information to Secretary Thompson and she will make the reservations. There being no further business, the meeting was adjourned at 5:30 p.m. ___________________________________ Karen Thompson, Recording Secretary RECORD OF PROCEEDINGS Estes Park Board of Appeals 1 February 5, 2015 Board Room, Estes Park Town Hall Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo Attending: Members Klein, Spooner, Calvin, and Schiaffo Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit Technician Charlie Phillips, Recording Secretary Karen Thompson Absent: Member Darling The following minutes reflect the order of the agenda and not necessarily the chronological sequence. CBO Birchfield opened the meeting. He informed the Board all meetings will be recorded and televised. Each Board member introduced himself and gave their area of expertise as follows: Member Schiaffo, Mechanical and Plumbing for 40 years; Member Calvin, Registered Architect for 25 years; Member Spooner, Registered Professional Engineer focusing on structural engineering and water resources for 45 years; and Member Klein, HVAC and Mechanical for 16 years. Note: Member Darling is a General Contractor. ELECTION OF OFFICERS Member Calvin nominated Member Spooner for Chair. Member Spooner nominated Member Schiaffo for Vice-Chair. It was moved and seconded (Calvin/Schiaffo) to elect Member Spooner as Chair of the Board of Appeals for a one year term, and the motion passed unanimously with one absent. It was moved and seconded (Spooner/Calvin) to elect Member Schiaffo as Vice-Chair of the Board of Appeals for a one year term, and the motion passed unanimously with one absent. A five-minute recess was called to program the voting stations. The meeting reconvened at 4:15. BOARD OF APPEALS BYLAWS Chair Spooner opened discussion on the Bylaws. CBO Birchfield stated the IBC has provisions for a Board of Appeals, which is different than the Town-generated Bylaws. Concerning item II.C, there was general consensus to revise the language to read: Regularly scheduled meetings of the Board may be canceled or rescheduled upon approval by two-thirds three of the members of the Board. Secretary Thompson stated the Bylaws were revised to reflect the changes requested at the January meeting, and confirmed that a quorum would consist of three (3) members. There was discussion concerning item III.G, which states the approval of appeals requires 60% of the members attending any meeting at which a quorum is present. CBO Birchfield explained if all members were present, approval would require three members. If three members were present, approval would require two members. If the Board did not feel confident making the decision on an appeal with only three members in attendance, the item could be continued to a future date when all members were present. Member Calvin requested clarification on whether a Board member could bring an issue to the Board of Appeals as a public citizen, not as a Board member. CBO Birchfield confirmed any member could speak as a public citizen or client representative by recusing himself from the Board and leaving the dais. It was moved and seconded (Calvin/Schiaffo) to approve the bylaws as amended (Section II.C) and the motion passed 4-0 with one absent. Chair Spooner stated the March meeting will be held March 12, 2015. Future meetings will be held the first Thursday of each month. Meetings will be held in the Town Hall Board Room from 4 to 6 p.m. 2012 SIGNIFICANT CHANGES CRITERIA CBO Birchfield distributed a handout of the 2012 Significant Changes. Although the 2012 Codes were not adopted, the changes will still apply to the 2015 Codes, unless they were repealed. Purpose of presenting the 2012 Significant Changes is to get a position of this Board as to the process being used by staff for formatting revisions. If the Board agrees, staff will use this format for the 2015 Code. With few exceptions, changes have not been identified for discussion if they meet any of the following RECORD OF PROCEEDINGS Estes Park Board of Appeals 2 February 5, 2015 Board Room, Estes Park Town Hall criteria: (1) The change decreased requirements; (2) The change is for clarification; (3) The code section is not applicable in the Town of Estes Park (i.e. seismic zone D, high rises, etc.); (4) The code section is extremely technical; is rarely an issue and requires the expertise of an architect or engineer; (5) The change increases compliance options; (6) The change is exempted by Federal, State, or District regulations (i.e. NFPA 101, Colorado Department of Health & Environment, public schools, etc.); (7) The change permits methods or materials already permitted by the Chief Building Official; (8) The change provides consistency with a national standard. CBO Birchfield stated the 2015 Significant Changes would be provided to the Board a couple of weeks prior to the March meeting for their review. He would like to “assign” each significant change to the Board member or staff most qualified to lead any discussion that may come forth at the meetings. 2012 SIGNIFICANT CHANGES TO THE INTERNATIONAL BUILDING CODE CBO Birchfield reviewed several of the 2012 Significant Changes so the Board could better understand the format, and the thoughts behind the commentary. The full document, and other documents related to the code adoptions can be viewed on the Town website at www.estes.org/icodes. CBO Birchfield stated he would be providing the format and adoption timeline to the Town Board on February 10, 2015. Feedback from the Board would be appreciated. He encouraged contractors and other members of the public to attend the meetings and become involved. The meetings are not quasi-judicial, and discussion is encouraged. Code books are available in the Division of Building Safety for check out. CBO Birchfield and staff will complete the majority of the legwork on the code revisions, and the Board and public will have the opportunity to review them and proposed amendments. The March meeting agenda will include the 2015 IBC Significant Changes. There will be a press release, and emails sent to all contractors. Depending on the time needed for discussion, the proposed local amendments to the IBC will also be discussed. CBO Birchfield stated except for the International Residential Code (IRC), all other codes are referenced in the IBC in their entirety. Chapter 1 references all the codes, which means when you adopt the IBC you also adopt all the others: International Fuel Gas Code (IFGC), International Mechanical Code (IMC), International Plumbing Code (IPC), International Property Maintenance Code (IPMC), International Fire Code (IFC), International Energy Conservation Code (IECC), and International Existing Building Code (IEBC). Each code will be reviewed in the order listed in the IBC. The IRC is different in that it stands alone and provides all the information needed to build a residential dwelling. It pulls in sections from other codes rather than adopting the entire code by reference. CBO Birchfield stated each monthly meeting would involve discussion of significant changes, proposed local amendments, and stakeholder and public concerns for one of the International Codes. Each month, a different code would be on the agenda. Additional public meetings could be held in between the regular meetings if discussions were not resolved at the regular meeting. He plans to keep the Town Trustees informed on a regular basis as to recommendations of this Board. If all goes according to plan, the Board of Appeals would make a final recommendation for all codes in November, and at least one public hearing would be held by the Town Board late November or early December. Concerning public comment at Board of Appeals meetings, he stated it is the Chair’s responsibility to keep the meeting on task and moving forward. FEES CBO Birchfield stated the fee schedule currently adopted is based on valuation, which includes costs plus labor. The Division of Building Safety uses a valuation schedule to calculate the fees, based on square foot formulas. It is a rather complicated process, because different uses of buildings have different valuations. The fee schedule in use today has been in use since 1998. Although project costs have increased, which has subsequently increased valuation, the fees associated with those valuations have not increased. He explained the lower the value of the project, the higher the percent of the fees, in relationship to the project. On the flip side, high value projects have lower fees in relationship to the project. If the Board and stakeholders choose to stay with this fee structure, we will need to look at revising the unit costs for the IRC and IBC. If square foot unit values are inaccurate, the fees being charged are not being assessed on the entire value of the project. Square foot unit values come RECORD OF PROCEEDINGS Estes Park Board of Appeals 3 February 5, 2015 Board Room, Estes Park Town Hall from a national standard that can be modified regionally, if needed. To be equitable, the numbers have to be accurate. CBO Birchfield stated Estes Park has extremely low permit fees compared to other jurisdictions. He would like to see permit fees reflect the true value of the project, and would appreciate a process that is easier to calculate than the current fee schedule. This would allow the customer to be able to estimate fees prior to issuance of the permit. For example, the fee could be $1 per square foot plus $.50 per square foot for plan review. Multiple inspections and/or reviews would have additional charges. Flat fees could be charged for over-the-counter permits. CBO Birchfield stated the current system is very difficult to understand. While other jurisdictions have implemented impact fees (school, road, fire, etc.), Estes Park has not taken that route. The consideration of impact fees would need to come from the elected officials. CBO Birchfield stated he would prefer to use unit cost, with additional fees for more complicated projects. Many building plans require engineering due to the increased design wind speed, and a possible option could be to lower review fees since plans are stamped by engineers. He would appreciate feedback from the Board concerning ways to apply fees. He stated the revenue from permit fees is deposited into the Town’s general fund. Member Klein requested examples of fee structures from other jurisdictions. CBO Birchfield stated he will ask the elected officials where they stand on the matter and bring it back to the Board of Appeals. Public comment None STAFF AND MEMBER DISCUSSION CBO Birchfield reviewed the code books with Board members, explaining what the symbols and formatting means. Many of the changes deal with national standards, so the Board and staff need to be cognizant of those standards. As new codes are adopted, they will reference more recent additions of the same standards. When an amendment is proposed, care needs to be given to revise all portions of the code dealing with that amendment. Local amendments need to align with the Fire Code, sewer requirements established by the sanitation districts, etc. A lot of thought and research by staff goes into the local amendments. Chair Spooner stated he would be interested in hearing staff’s issues with the current codes and local amendments. There was discussion between CBO Birchfield and the Board. Comments included, but were not limited to: once the local amendments are adopted, the document will be burned onto CDs and given to contractors, a clean copy of the local amendments should be posted to the Town website; out of respect of people’s time, meetings will begin and end on time, with items requiring additional discussion being continued to either an additional meeting or the next regularly scheduled meeting; if additional meetings are required, Board members will be given updates at the next regularly scheduled Board of Appeals meeting, and discussion among the Board and staff will occur before a recommendation is made; if members of the public would prefer to provide written comments rather than speaking in public, letters can be sent to CBO Birchfield at wbirchfield@estes.org, and the comments will be provided to the Board of Appeals and the Town Trustees; it is important that all that desire to be heard are provided that opportunity. Once the codes are adopted, the Estes Valley Library will have a copy of the code books for reference use (no check out). There being no further business, the meeting was adjourned at 5:32 p.m. ___________________________________ John Spooner, Chair ___________________________________ Karen Thompson, Recording Secretary RECORD OF PROCEEDINGS Estes Park Board of Appeals 1 March 12, 2015 Board Room, Estes Park Town Hall Commission:  Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo       Attending:    Members Klein, Spooner, Calvin, Darling, and Schiaffo    Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit  Technician Charlie Phillips, Recording Secretary Karen Thompson    Absent:  None      The following minutes reflect the order of the agenda and not necessarily the chronological sequence.  There were six people in the audience (including two staff).    Chair Spooner opened the meeting. CBO Birchfield informed the Board all meetings will be recorded  and televised. Each Board member introduced himself and gave their area of expertise as follows:  Member Klein, HVAC and Mechanical Contractor for 16 years; Member Darling, General Contractor  who has worked locally for 20 years; Member Schiaffo, Mechanical and Plumbing Contractor for 40  years; Member Calvin, Registered Architect for 25 years; Member Spooner, Registered Professional  Engineer focusing on structural engineering and water resources for 45 years.      CONSENT AGENDA  Minutes from February 5, 2015 Board of Appeals meeting.    It was moved and seconded (Schiaffo/Klein) to approve the minutes as presented. Darling abstained.     Chair Spooner stated Town staff and the Board of Appeals welcome and encourage input concerning  the proposed 2015 building codes and local amendments. The adoption process will take most of the  year, with a different code discussed each month.  If stakeholders or citizens wish to comment, he  recommended they submit written comments to Town staff or one of the Board members, and the  information will be shared and discussed at one of the meetings. The Town website has the various  topics to be discussed.  All meetings, with the exception of this one, will be the first Thursday of each  month, from 4 to 6 p.m. in the Town Hall Board Room.  The April meeting will include the  International Residential Code.     CBO Birchfield attended the Town Board Study Session on February 10th to provide the Town Board  with the adoption process and timeline. They approved of his plan. Press releases will be sent, and a  mass email distributed to all stakeholders that have (or had) an Estes Park Building Contractor License.  Emails may also be sent to business owners, if an email address was provided on the business license  application. The Town Board requested a fee survey, and CBO Birchfield will gather the information  and present it at a future meeting. He stated the Town Board also requested a monthly update on the  adoption process.     2012 SIGNIFICANT CHANGES TO THE INTERNATIONAL BUILDING CODE (IBC)  RECORD OF PROCEEDINGS Estes Park Board of Appeals 2 March 12, 2015 Board Room, Estes Park Town Hall CBO Birchfield stated the 2012 Significant Changes were reviewed fairly quickly at the February  meeting, and he encouraged those interested to view the document on the Town website  (www.estes.org/icodes). He stated the publication of the 2012 Significant Changes to the IBC is  available for check out through the Division of Building Safety.     The Board had no specific questions nor concerns concerning the 2012 Significant Changes to the IBC,  and agreed to move on to reviewing the 2015 Significant Changes to the IBC. He reviewed the criteria  for determining whether or not a significant change was significant to the Town of Estes Park. This  information was presented at last month’s meeting. For specifics, please refer to the February Board  of Appeals meeting minutes.     2015 SIGNIFICANT CHANGES  CBO Birchfield stated Certificates of Occupancy (CO) are required for every building prior to  occupancy. If an existing building undergoes a change of use, a CO is required. There is not one set of  rules for all buildings; rather, rules are based on the hazards associated with the use.     Member Calvin reviewed the code change related to “lodging houses”, stating a definition has been  added for this type of dwelling. A lodging house is a building occupied by the owner and up to five  additional tenants. This is different from a boarding house, where the owner does not live in the  building.   These buildings are classified as R‐3 occupancy.    CBO Birchfield stated section 705.2 deals with roof overhangs, cornices, etc. The ICC continues to  make minor changes to the language for clarification. This code change would be addressed by  architects and designers.     Member Darling stated the change for membrane penetrations, depending on the assembly, it would  need to be whatever the fire stop would need to be in order to separate two units. Current Town  practices already account for this change.     Fire Marshall Marc Robinson reviewed changes to Chapter 9, which is regulated by the Fire Code. He  stated the changes in Chapter 9 are changing how we do calculations, with the goal to make it easier  to determine when sprinklers are required in A occupancy buildings. This comes into play when you  have separate A occupancies in one building, all with one point of egress (example: a food court with  several kitchens and limited egress) We have very few buildings of this type in Estes. CBO Birchfield  added if a building currently has a restaurant and they want to add another restaurant(s) in the same  building, once the total occupancy reaches 300 the building will need to be sprinkled if they all use  the same egress path.    Marshall Robinson stated other code changes deal with assisted living facilities and the types of  sprinklers required. Some facilities provide living quarters for people who are capable of leaving the  building on their own power; while others provide living quarters for people who may need  assistance in leaving the building in case of fire. This code addresses the types of systems required in  RECORD OF PROCEEDINGS Estes Park Board of Appeals 3 March 12, 2015 Board Room, Estes Park Town Hall those different facilities. It is all about the volume of water coming from the sprinkler. In some cases,  sprinklers in these facilities will be required in attics.     Marshall Robinson states most changes are being brought into the Codes from the National Fire  Protection Association (NFPA). Taking a nationally recognized code and bringing the definitions into  the International Building Codes.     Marshall Robinson stated fire suppression systems in assisted living homes will be able to have  residential range hoods with a fire suppression system similar to commercial kitchen hoods.     Town Building Inspector Claude Traufield stated a change is being made concerning the location of  smoke alarms in relation to locations of permanently installed cooking appliances and bathroom  doors. The regulations are being added to the IBC. Some changes have been made with the intent to  reduce false alarms, and to discourage people from disconnecting the alarms. The change will allow  inspectors to quickly reference the material in the field. Carbon monoxide alarm regulations are being  added to the IBC to make it easier    Member Calvin reviewed the change concerning accessibility in assisted living and rehabilitation  facilities. This is in alignment with the revised changes concerning fire sprinkler systems. The number  of accessible features required is being changed, depending on the capability of the residents to exit  the building safely.      CBO Birchfield stated when a new addition of the code is adopted, the reference standards are also  changed to align with the new codes. Contractors in the field will be expected to follow the new  standards as adopted.     Member Calvin stated there will be a change to accessibility standards in multi‐unit residential  buildings.  The previous regulations allowed designers to use the entire site to calculate the number  of accessible units required. The change will require analyzing each building with more than 50 units  to determine the number of accessible units required within the building, not just on the site. There is  additional provision dealing with folding seats in accessible showers.     Member Spooner stated the snow load data is being revised, and there will be a requirement to show  on the construction documents the flat roof snow load, snow load factor, importance factor, thermal  factor, etc. He does not view this as an issue, as the structural engineers are already calculating the  numbers – they will now just have to insert the tables onto the construction plans. This requirement  will be for buildings designed under the Building Code (IBC), not the residential code.    Member Spooner reviewed the code changes concerning partition loads. This is where a commercial  structure is built where the inside partitions can be moved. The change requires the floor system to  be designed to support various loads, because the tenant finish may be unknown at the time of  construction.     RECORD OF PROCEEDINGS Estes Park Board of Appeals 4 March 12, 2015 Board Room, Estes Park Town Hall CBO Birchfield stated the 2015 Codes have done away with a lot of requirements for special  inspections (third‐party) and put the emphasis back on the fabrication of components that would  normally require a special inspection.       Member Spooner stated the code change on open‐webbed steel joist and joist girders is rarely used  on residential buildings. If the change would apply to a building in Estes Park, the property owner  would need to hire a special inspector. CBO Birchfield stated the improper installation of these  girders is a main reason for structural failure.     Member Spooner stated the Board of Appeals, staff, and stakeholders will be spending a lot of time  discussing wind resistance. There is a need for putting together the components in a manner that will  satisfy the wind requirements. Wind construction has improved in the past five years. CBO Birchfield  reminded the Board that this change is in the IBC, not the IRC, and the change includes a special  inspection for wood‐framed construction in high wind areas. Please keep that in mind when we get to  the proposed local amendments.       CBO Birchfield stated Chapter 23 deals with a definition of structural glued cross laminated timbers.  Sometimes it takes the code a while to catch up with what’s happening now in the field.      CBO Birchfield stated Chapter 34 has been removed in its entirety and everything relating to existing  buildings will now be addressed in the International Existing Building Code.     Chair Spooner stated wind standards significantly increased when the 2009 codes were adopted. The  change was due to a study that was completed by a group of structural engineers based in Fort  Collins. The study included the area from Denver to the Wyoming border, and the Continental Divide  to Interstate‐25. It is no surprise that unique wind situations occur in this area.  A number of  communities adopted those design wind speeds from the study, which increased the design wind  speed from 90 to 140 mile per hour/3 second gust in the Estes Park area. The Larimer County website  shows the wind speed by individual parcel.   When we adopt the 2015 code, we will also adopt a  change in the way the winds are defined. We are going to end up using a wind speed close to 170  mph. This does not mean we are changing the pressures and the loads being put on the buildings.  There has been a reassessment of how winds are specified, and it includes risk (e.g. use of structure).  He explained in detail how the revision may affect construction. Basic concept is changing, and  methods of calculation are changing, but when you complete the analysis, the design wind speed will  not be changing that much. Chair Spooner would recommend coordinating the Town’s design wind  speed with Larimer County.    2012 SIGNIFICANT CHANGES TO THE INTERNATIONAL BUILDING CODE  CBO Birchfield briefly reviewed the 2012 Significant Changes to the IBC. For specifics, please refer to  the document posted on the Town website.     Marshall Robinson discussed sprinkler protection for basements, which are the most hazardous areas  to fight fires. In basements, walls can hinder fighting a fire. The change would be when basements  RECORD OF PROCEEDINGS Estes Park Board of Appeals 5 March 12, 2015 Board Room, Estes Park Town Hall become compartmentalized, a higher risk for firefighters occurs, and depending on the change, it  could trigger the provision to sprinkle the basement.  It is a two‐condition trigger: the basement has  to be over 1500 square feet, and partitions are added. The code is not retroactive. This would involve  new construction or property owners that want to compartmentalize existing space. The trigger could  be tripped if they want to change the use.  This is one reason it is important to pull building permits,  so a history of the building can be compiled. This change for basement sprinklers would be enforced  by the International Fire Code and the International Property Maintenance Code (if adopted).       Other than wind, snow, fees, and wildfire, which will all be addressed separately, CBO Birchfield  requested feedback from the Board concerning the significant changes and local amendments. Most  are lining up with national standards.  Comments from the Board included: staff did a good job in  reviewing them, and there were no concerns about the proposed changes. If the public comes to the  Board with a concern over a change, it will be discussed.    2015 IBC LOCAL AMENDMENTS  CBO Birchfield stated all the proposed amendments are also current amendments, with the exception  of wind, snow, fees, and wildfire. Most have to do with Chapter 1, Administrative Provisions. When  the code is adopted, we are creating an enforcement agency and a person responsible to enforce the  codes. Several codes are adopted by references. There will be public meetings on each of the codes.  State law requires the municipality to adopt an energy code if it adopts the buildings codes. The  proposed significant changes, local amendments, and public concerns can be viewed on the Town  website at www.estes.org/icodes. He emphasized this code does not apply to one‐ and two‐family  residential homes. The State of Colorado oversees the electrical code, the First District will oversee  the Fire Code, and the Larimer County Health Department will oversee private sewage disposal  systems.    CBO Birchfield stated annual permits are allowed, and can be pulled for small jobs by the property  owners. Inspections are still required. The annual permit allows property owners to begin work  before all the office paperwork is complete. Additionally, annual permits can also be issued to  contractors, as long as they are qualified to do the work for which they are applying. Once they  submit an application, they do not have to wait for staff to issue the permit before they can go to  work. The contractor would have an account for building permit fees.  Permit applications that qualify  for the annual permit are those that do not require review by staff or sign off by other agencies  having jurisdiction.    CBO Birchfield stated the only contractors not required to have a Building Contractor License (BCL)  are those regulated by the state (e.g. plumbing, electrical). Homeowners do not have to have BCLs,  depending on the scope of the work; however, they must pull permits, have inspections, etc. The  property owner must live in the home to qualify for no BCL. There are other exceptions to the  requirement of the BCL. Check with the Division of Building Safety to ensure all documents required  are on file. Volunteers are exempt from contractor licensing because they are not being compensated  for their work. They are still required to pull permits and comply with the codes.     RECORD OF PROCEEDINGS Estes Park Board of Appeals 6 March 12, 2015 Board Room, Estes Park Town Hall CBO Birchfield stated there is nothing in the 2015 codes that discuss how permits expire. He would  propose expiration dates that are determined by the type of permit. Fuel gas, roofs, etc. will have  shorter expiration dates, while a permit for a new building will be 18 months. Extensions can be  requested. Permit boxes are required for large jobs.      CBO Birchfield stated submittal documents depend on the scope of the work. It is up to the        architect or engineer to make sure they are qualified to put their stamp on the plans.     Public Comment  None.    Staff and Member Discussion   There was general consensus of the Board to continue the 2015 Proposed Local Amendments to the  IBC at an additional meeting, in order to keep the regular meetings on schedule.     Chair Spooner announced the next meeting will be held Thursday, March 26, 2015 from 4 to 6 p.m. in  the Estes Park Town Hall Board Room.      There being no further business, the meeting was adjourned at 6:05 p.m.              ___________________________________        John Spooner, Chair                      ___________________________________        Karen Thompson, Recording Secretary    RECORD OF PROCEEDINGS Estes Park Board of Appeals 1 March 26, 2015 Board Room, Estes Park Town Hall Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo Attending: Members Klein, Spooner, Calvin, Darling, and Schiaffo Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit Technician Charlie Phillips, Recording Secretary Karen Thompson Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological sequence. There were four people in the audience (including two staff). Chair Spooner opened the meeting, stating this meeting would be a continuation of the International Building Code significant changes, proposed local amendments, and local concerns. CONSENT AGENDA Minutes from March 12, 2015 Board of Appeals meeting. It was moved and seconded (Schiaffo/Calvin) to approve the minutes as presented and the motion passed unanimously. CBO Birchfield stated Chapter 1 of the IBC are the administrative provisions, which will also apply to the other codes. He would skip Chapter 1 today to move forward more quickly. If there was time at the end of the meeting, he would go back to Chapter 1 review. Classification of buildings. CBO Birchfield met with a local architect concerning small tenant spaces. According to the building code, a building serving food and drink with an occupancy load of less than 50 can be classified as a business; however, when there are more than 15 persons (including employees) they are required to provide separate sex restrooms. Both restrooms would have to be accessible. The proposed amendment would add an exception for small tenant spaces where the primary service is carry-out foods and/or drinks with seating for not more than 15 persons, may be classified as a Group M, Mercantile occupancy classification. This will make it easier for tenants as far as plumbing fixtures and restroom requirements are concerned. Address identification. In the Estes Valley, most streets are not on a grid system, and often have long driveways. This amendment would require an address be posted at the street if you are unable to see the address from the public right-of-way. This is a current amendment. Automatic Sprinkler System Trigger. All new construction and all substantially improved construction (50%) in the CD–Commercial Downtown zone district has to be fully sprinkled with an NFPA 13 system. This is important for the downtown area, where there are many zero lot lines. The NPFA 13 system will allow the property owners much more flexibility for future uses. RECORD OF PROCEEDINGS Estes Park Board of Appeals 2 March 26, 2015 Board Room, Estes Park Town Hall Stair treads and risers. This amendment requires stair geometry to be measured in their finished condition. Stairs are a hazardous use in building, and a finished measurement is more accurate than a measurement during the rough stage. Exit signs. Exit signs are required down low in areas serving hotel rooms so they are visible during a fire/smoke event. Current code with Larimer County. This is a current amendment. Window Openings. It is proposed to delete this section that requires guard rails on windows that are a certain distance from the floor. Local concern due to the number of homes with large window walls. Not a good fit for Estes Park. Emergency Escape and Rescue. This concerns the size of egress windows. 5.7 square feet is required on buildings where a ladder would be needed for emergency escape and rescue. If no ladder is needed, the size is lessened to five square feet. The proposed amendment is to require the 5.7 square feet, with no option for 5 square feet. The rules are different if a sprinkler system in installed. Ceiling Heights in Basements. This provision needs to be deleted due to some of the existing ceiling heights in older buildings in town. Leaving this in the code would prevent the issuance of building permits in certain buildings in town. Regardless of the ceiling height, an emergency escape and rescue window is required. For new construction and/or change of use, every basement should have at least one egress window/door in basements. Basement fires are very hazardous for firefighters. Accessibility. The Division of Building Safety does not regulate the ADA or Fair Housing Act. Everything that is not in the building code is the responsibility of the property owner, the designer, and the contractor. The issuance of a building permit does not relieve the property owner, designer, and/or contractor of the requirement to abide by Federal or State laws. Developers will need to comply with Colorado Revised Statutes 9-5, which will become part of the building code as a local amendment. The Chief Building Official does not have the authority to interpret or the responsibility to enforce Federal and State accessibility laws. Minimum ceiling height. The proposed amendment provides for minimum ceiling heights in habitable spaces. Consistent with Larimer County. Roof assemblies. This local amendment would require Class A roof coverings or assemblies for buildings in the CD–Commercial Downtown zone district. This zone district has wooden buildings, zero lot lines, and limited access for firefighters. Rooftop structures. This local amendment is intended to maintain proper roof drainage when new and/or different appliances and/or equipment are installed on roofs. Twelve inch curbs will be required. Structural design. This is a current amendment. It is NOT consistent with Larimer County. Sets live loads for residential decks at 60 pounds per square foot (psf) and 100 psf if a hot tub is on the deck. RECORD OF PROCEEDINGS Estes Park Board of Appeals 3 March 26, 2015 Board Room, Estes Park Town Hall Sleeping areas are 40 psf across the board. Member Spooner stated the loads on Table 1607.1 do not indicate live or dead load, and he thinks clarification should be made. CBO Birchfield stated there may be a footnote that talks about the loads. Loads were not intended to be compounded. He will check on it and report back. Snow Loads. The Structural Engineers Association of Colorado (SEAC) hopes to put out a new snow load study by the end of 2015. CBO Birchfield would like to postpone this amendment until the new study is complete. Wind Loads. There was extensive discussion about the new procedures for determining design wind speeds. The terminology is changing, now using “Ultimate Design Wind Speed”. In the past, an ‘importance factor’ was determined by the use of the building. For example, a pole barn used for storage would have a lower importance factor than a critical care facility. The calculated wind loading was increased by an importance factor multiplier, thus providing higher loadings for higher risk buildings. In the new procedure, three different ultimate wind speed maps are provided for the different importance factors. The higher the importance, the higher the wind speed and no multipliers are used. Under the new system, the ultimate wind speed for a residential structure will be about 175 mph. However, once all the calculations are complete, the nominal loads for Estes Park residences will convert back down to approximately the equivalent to the 140 mph/ 3-second gust used previously. A question was asked about the manufacturer’s rating of building components (such as windows) and the very high wind speeds that we have. Member Spooner stated all products are tested at sea level pressures, which are different than pressures at 7,000 feet above sea level. In addition to the table that we currently provide showing pressure corrections related to altitude, he would like to see a table showing sea level speed corrections for the Estes Park area. He would be willing to assist with the calculations for the table. He stated it would also be important to have Larimer County on board with the new wind speeds to ensure consistency. CBO Birchfield stated he would recommend adopting the study by SEAC by reference. Rain Loads. This amendment would assist with determining the size of roof drains. It was consistent with the Larimer County codes for 2009. The design factor uses ‘inches per hour’. Flood loads. The Estes Park Municipal Code had to be revised to align with state law. Floodplain regulations can be more restrictive, but not less. The floodplain regulations the Town has are in the Municipal Code. Estes Park does not have any occupiable structures in the floodway. The proposed amendment is to delete the flood load section of the IBC and refer to the Municipal Code. Earthquake Loads. This is a current local amendment and is consistent with Larimer County. It verifies minimum seismic design criteria for designers and for plan reviewers. Special Inspections. The IBC requires special third party inspections for wood frame structures in high wind areas. The local amendment would add “when required by the chief building official.” This amendment will also apply to the International Residential Code and the International Existing Building Code. RECORD OF PROCEEDINGS Estes Park Board of Appeals 4 March 26, 2015 Board Room, Estes Park Town Hall Soils and foundations – Dampproofing and Waterproofing. As determined by the CBO, foundation walls shall be waterproofed when such walls enclose habitable spaces on the uphill side of a buildings, and positive drainage away from the wall is not provided. Every habitable space below grade must be damp proofed. Foundation drains – This local amendment is intended to address water intrusion into below grade habitable spaces. Foundation drains would be required in buildings unless there are stamped plans that say they are not needed. Drainage discharge. Foundation perimeter drains shall not be dumped into the public sewer system. Must exit above ground. Foundations. The minimum design requirements shall be the Minimum Design Criteria for Non- Engineered Poured Concrete Foundations. There was general consensus among the Board to remove the design criteria for CMU foundations. Shallow Foundations. This amendment establishes the frost line at 30 inches below grade. Wildfire Hazard Mitigation. The current amendment adopts the Larimer County standards by reference. However, CBO Birchfield believes the Estes Valley is at higher wildfire risk than the rest of Larimer County. He will have discussions with Fire Marshall Robinson and review the Wildland Interface Code. Member Darling stated there may be a possible conflict concerning plant materials between the building code and the development code. CBO Birchfield stated he would research this and report back to the Board. He stated the Insurance Service Office (ISO) looks at hazard mitigation and gives the community a rated number. Buildings with lower ISO numbers could have better insurance rates than those with higher ISO numbers. Life safety always overrules aesthetics. CBO Birchfield stated the Appendices are not part of the codes unless specifically adopted. He recommended the following: Appendix V – Grading. This appendix is currently in the local amendments and maintains historic practices. Apart from this appendix, there are no provisions in the codes regulating earth work. If this is not adopted, the Town could not require grading permits. Grading permits are important to begin infrastructure construction prior to issuing building permits on large projects. The proposed amendments increase grading permit fees by 25-30%. At this point in the meeting, CBO Birchfield reverted back to the Administrative Provisions that had been bypassed earlier on. The Administrative Provisions carry through all of the codes by reference to the IBC. They are as follows: • Transfer of permits. Building permits can be transferred to another person when both agree. • Floor and Roof Design Loads. Design loads over 50 pounds must be posted. RECORD OF PROCEEDINGS Estes Park Board of Appeals 5 March 26, 2015 Board Room, Estes Park Town Hall • Design standards. Prescriptive provisions do not apply due to wind speed. • Means of egress. Submittal documents showing means of egress cannot be cluttered and must be on separate sheets. The complexity of egress systems require separate plans. • Temporary Structures and Uses. The IBC is in conflict with the Municipal Code and Development Code, so this code will be amended to align with those two codes. • Temporary Power. Gives the CBO and the State Electrical Inspector the authority to provide temporary power to buildings. • Fees. The Division of Building Safety will conduct a fee study and will share the results with the Board. • Work commencing before permit issuance. Additional fees may apply if the contractor does not obtain necessary permits prior to commencing work. Fee is three times the permit fee, plus the permit fee. This amendment is meant for people who willfully work against the system. • Refunds. The CBO is authorized to establish a refund policy. This language is from the Uniform Building Code. • Expiration of plan review. The application for a building permit is null and void if the application is approved and the applicant does not pick it up and pay the fees. • Reinspection fees. Fees can be assessed if contractors call for inspections they are not ready, or if previous corrections are not made prior to the next inspection. These types of inspections require a significant amount of unnecessary staff time and paperwork. • Inspections. The Town requires drywall inspections. • Energy Efficiency. If you are conditioning the air, you must provide an energy efficiency certification at the end of the job. • Contractor’s Affidavit. The goal of an affidavit is to expedite the jobs. If pre-approved, contractors can provide an affidavit in lieu of an inspection. This is a privilege, and not something the Division of Building Safety is required to do. • Certificate of Occupancy. This amendment explains when we need them. Includes a fee. The exception tells when a CO is not needed. RECORD OF PROCEEDINGS Estes Park Board of Appeals 6 March 26, 2015 Board Room, Estes Park Town Hall • Temporary Certificate of Occupancy. The CBO is authorized to issue a TCO, but not required to do so. Fees are applicable. CBO Birchfield stated he is going to recommend to the elected officials that the fee for TCO be increased from $100 to $400-500, to deter abuse of the process. He added there would be an exemption for inclement weather. It is not the goal of the Division of Building Safety to allow the issuance of a TCO to be used as a punch list for the contractors. • Board of Appeals. CBO Birchfield explained each code has its own appeals section. This amendment would state the Board of Appeals section in the IBC will be the appeals process for all the adopted codes. Public Comment None. Staff and Member Discussion Next meeting is April 2nd. The International Residential Code Significant Changes (2012 & 2015) will be on the agenda. Many of the significant changes are not too significant, but CBO Birchfield wanted the Board to decide if they are significant. The Board has been given the documentation, and was asked to bring any comments to the next meeting. There was brief discussion concerning public notices for Board of Appeals meetings. CBO Birchfield stated Public Information Officer Kate Rusch published a meeting schedule several weeks ago, and Ms. Thompson sends email meeting notices to approximately 275 addresses. A handout will be created that will be distributed by Inspector Traufield, and copies will also be available in the office. Chair Spooner stated if there are concerns about the present code and local amendments, comments need to be provided in person or in writing to the Board of Appeals. Member Calvin and CBO Birchfield will discuss the new ANSI accessible code and come back to the Board with comments. There being no further business, the meeting was adjourned at 5:47 p.m. ___________________________________ John Spooner, Chair ___________________________________ Karen Thompson, Recording Secretary RECORD OF PROCEEDINGS Estes Park Board of Appeals 1 April 2, 2015 Board Room, Estes Park Town Hall Commission:  Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo       Attending:    Members Klein, Spooner, Calvin, Darling, and Schiaffo    Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit  Technician Charlie Phillips, Recording Secretary Karen Thompson    Absent:  None      The following minutes reflect the order of the agenda and not necessarily the chronological sequence.  There were 13 people in the audience (including two staff).    Chair Spooner opened the meeting, stating this meeting would be a review of the IRC Significant  Changes for 2012 and 2015.  He explained the reasoning behind reviewing two years: the Town  adopted the 2009 codes, and is planning to skip the 2012 and adopt the 2015 codes. However, in  order to do this, the 2012 changes still apply.  Chair Spooner stated due to the extent of the material  to be covered, public comment will be taken at the specific point of discussion.    CONSENT AGENDA  Minutes from March 26, 2015 Board of Appeals meeting.    It was moved and seconded (Darling/Schiaffo) to approve the minutes as presented and the motion  passed unanimously.     2012 Significant Changes to the International Residential Code  Fences.  Fence heights not requiring permit have been revised from six (6) feet to seven (7) feet high,  from original grade.    Exterior Walls. This decreases the line where you can build a non fire‐rated wall, if the building is  sprinkled, from five (5) feet to three (3) feet. This code will be amended if the Town Board decides to   not require sprinklers in all residential structures.     CBO Birchfield stated if the Town Board does not require sprinklers in all single‐family dwellings (SFD),  the code will need to be locally amended in several places because the code, since 2009, is written as  if all SFDs are sprinkled.    Openings and Penetrations of the Roof. It is important to understand what the IRC regulates –  detached SFD, detached duplexes, and Townhomes and their accessory structures. All others go to the  IBC. This revision stated no holes in roofs within 4 feet of the separating wall between townhouse  dwelling units.  No plumbing vents, B‐vents, skylights, etc.    Mechanical Ventilation. This has the potential to be a really big deal. CBO Birchfield recommended  putting this change aside and discussing it with the Energy Code (IECC).  Local Contractor Jim Docter  RECORD OF PROCEEDINGS Estes Park Board of Appeals 2 April 2, 2015 Board Room, Estes Park Town Hall asked about blower door tests, if it’s below a minimum air change level, then would whole house  ventilation be required?  CBO Birchfield stated yes, it would be an air quality issue within the house.     CBO Birchfield stated he has been in contact with the Governor’s office regarding the energy code.  The state offers free training to local jurisdictions on the energy code. He stated if you adopt a  building code, state law requires you must also adopt an energy code (at least the 2003 IECC). If we  adopt the 2015 IECC, there will be a lot of changes needed to align with the 2015 codes. It is intended  that the 2015 IECC be adopted with the 2015 IBC.     Ventilation Intake Openings. For any plumbing vent, or other contaminant source, less than 10 feet  from any opening to a building, the stop of the stack must be at least three feet higher than the top of  the opening. This change was made by a vote of the ICC committee.      Garage Fire Sprinklers. In SFDs and townhomes with sprinklers, nonrated exterior walls of garages are  permitted on a lot line if the garage is also sprinkled. This will be amended if the sprinkler requirement  is removed.       Window Well Drainages.  Window wells serving openings will need to have drainage (gravel, etc) so it  does not fill up with water and drain into the house. There is an exception when foundation soils meet  certain specifications. Local designer Paul Brown inquired about adding a bedroom to an existing  dwelling without a foundation drain. CBO Birchfield stated gravel or other drainage material would  need to be installed. Additional work on the existing foundation would not be required.     Floor Elevations at the Required Egress Door. If this door swings in, you can now come out and step  down no more than 7 ¾” from the top of the threshold. There has to be a landing, not a step. This  applies only to the IRC.  It would not apply to a  mixed‐used building with residential uses.    Guards and Window Fall Protection. Known as the Eric Clapton Rule, this code requires guards on  windows large enough to fall through. The 2009 codes had less details. CBO Birchfield stated this was   removed from the 2009 codes by local amendment. He will recommend deleting this again from the  2015 codes. He stated the minimum height for the code to apply was six feet from exterior grade to  the bottom of the sill.    Foundation Drainage. This change requires the addition of a filter membrane to perforated foundation  drains, or put gravel on top of the pipe and fabric on top of gravel. This has been a standard practice in  Estes Park for a while.    Fire Protection of Floors. CBO Birchfield stated Larimer County deleted this from the 2012 codes. You  cannot leave floors unprotected. Unfinished basements will have to have ½” gypsum board to cover  the joists. The I‐joists being used today require additional fire protection. There are exceptions for  small mechanical rooms, but you have to fire block the perimeter around the walls.  This will warrant  additional discussion.   Applies to dwelling units and accessory buildings under the IRC.  RECORD OF PROCEEDINGS Estes Park Board of Appeals 3 April 2, 2015 Board Room, Estes Park Town Hall   Fire Marshall Marc Robinson stated this change is for firefighter safety. More lightweight construction  is being used, and have a higher, quicker fail rate under fire conditions than previous construction  techniques/materials.  Even though the county has deleted this, he would encourage them to take a  harder look at it. He stated there needs to be some sort of failsafe for firefighters.  Things can get bad  fairly quick, ten minutes or less for full room involvement. Volunteer fire departments can take ten  minutes to reach the site.  There may be more research completed, but anything to protect the  structure itself from fire impingement will help.  CBO Birchfield stated the addition of drywall will give  firefighters another fifteen minutes, if there are no penetrations. Marshall Robinson stated most code  changes having to do with fire are designed to allow firefighters more time. If the community is  looking at removing the sprinkler requirement, they should look at alternatives.  Today’s building  materials burn faster, including but not limited to plastic (liquid fuel with a heat release rate of 4 x  wood construction). The goal is to protect the structure from collapse. Residential sprinklers are  designed to get people out of the building, not to save the structure. There are definitely fewer  firefighter deaths in communities with sprinkler and/or additional drywall requirements.  There are  several exceptions, so builders need to become familiar with this code change.     Grout Fill Behind Masonry Veneer. Mortar is no longer permitted to fill the air space behind anchored  masonry veneer. It was creating issues with the drainage of the walls.     Flashing. Pan flashing is now required for window and door openings when flashing details are not  provided by the manufacturer. CBO Birchfield stated we are already doing it in new construction  windows, but it is not always getting done on the doors. Pan flashing is only on the sill.    Adhered Masonry Veneer. This change deals with the minimum clearance in flashing requirements.  You can no longer carry adhered masonry veneer down to the ground, and must provide a weep  screed for drainage. The distance between the grade and the clearance depends on the grade  material.    Unvented Attic Assemblies. This change applies not only to the typical attic, but also where there are  vaulted ceilings and the ceiling membrane goes right to the bottom of the rafter. New provisions state  you may have an unvented attic. CBO Birchfield stated this has to be done exactly right, with the right  materials in the right way in order to keep the bottom of the roof deck from condensing. Concealed  dry rot can occur if improperly installed. Several options for installation are available. He  recommended discussing this change at the same time the IECC is reviewed, as it will get into vapor  retarders. There is a big difference between vapor retarders and vapor barriers. Contractors are  welcome to check out the books from the Division of Building Safety to read up on the topic.       Sidewall Flashing. The key word is asphalt. With only asphalt shingles, you can now use either pan  flashing or step flashing. Special care must be taken for installation.  Asphalt shingles only.    RECORD OF PROCEEDINGS Estes Park Board of Appeals 4 April 2, 2015 Board Room, Estes Park Town Hall Recovering versus Replacement of Roofing. The 2009 code identified high hail areas. The Estes Valley  was right at the threshold.  The 2009 code did not allow overlays, and now the hail provision has been  removed from the code. The Board will need to consider whether or not they want to keep the code  as written, or amend it to allow up to two layers of roofing.     Factory‐Built Chimney Offsets.  These are the chimneys for wood burners, with very specific  manufacturer’s installation requirements. Maximum offset cannot be more than 30% in a factory built  chimney. Additionally, no more than four elbows are allowed.  B‐vents have a separate set of rules.    CBO Birchfield addressed the Board about the next steps for review.  It was the consensus of the  Board to move forward with the review of the 2015 changes to the IRC.     Building Code and Residential Code are the only two primary codes. Residential Code is a stand alone  code. He explained how the residential code includes provisions from all other codes. However, the  Building Code adopts the other codes in their entirety by reference.      2015 Significant Changes to the International Residential Code  Wind Design Criteria. Chair Spooner stated wind has been discussed at previous meetings. The ICC has  changed the definition of wind; however, their 180 mph definition does not change any structure  design changes for Estes Park, as it still converts to approximately 140 mph.  CBO Birchfield stated he  would like to see the adoption of a county‐wide design wind speed.    Sunrooms. This code change is a mute point for Estes Park. Because of the wind loads, all sunrooms  must be engineered.     Modifications for Topographic Wind Effects. Same as previous change – engineering is required due to  wind loads.     Exterior Walls. This changes talks about about projections from walls (roof overhangs) when they are  close to the property lines. This will depend on whether or not the building is sprinkled. This change  will be a moving target, depending on sprinkling.    Townhouse Separation. IRC covers detached one‐ and two‐family townhouses (side by side  construction) with no limit as to how many you can build and connect, because the code assumes they  will be sprinkled and have fire separations between each unit.  If the building is not sprinkled, you  must have a two‐hour rated wall. If sprinkled, a one‐hour wall is required. Not a local amendment.   Construction must be uninterrupted from the foundation to the roof deck. The drywall membrane  must also be uninterrupted. No platform framing is allowed.  We have not exempted townhomes  from sprinkler requirements in Estes Park. If there are three units, sprinklers are required. NO  PLATFORM FRAMING. The exception is if you have a rated ceiling, you can stop the wall there.     RECORD OF PROCEEDINGS Estes Park Board of Appeals 5 April 2, 2015 Board Room, Estes Park Town Hall Fire Protection of Floors. The new code does not regulate penetrations or openings in the fire  protection membrane. CBO Birchfield is concerned about this provision. We will be requiring builders  to add drywall for fire protection, but will not be regulating penetrations or openings in that drywall.      Glazing Adjacent to the Bottom Stair Landing. There are restrictions for glazing when it is a certain  distance from the bottom of stairs.  If the glazing is less than 36 inches above the landing and within a  60‐inch horizontal arc less than 180 degrees from the bottom tread nosing, tempered glass is  required.      Emergency Escape and Rescue Openings for Additions, Alterations and Repairs. Remodeling of an  existing basement does not trigger emergency openings unless a new bedroom is created. This is how  we have applied it all along, so it will not have an effect for Estes Park.     Smoke Alarms. This change lines up with the building code, which has been revised to keep smoke  alarms away from the doors to bathrooms and kitchens. Nuisance alarms make people disconnect  them, and this change will deter disconnection.  CBO Birchfield stated smoke alarms are still the best  method for early detection.     Carbon Monoxide Alarms. This change describes the general location for placement of CO detectors.  CO detectors are required by the code if you have an attached garage or any fuel‐fired appliances in  the building.  Changes that add fuel‐fired appliances would trigger CO detector installation.     Mezzanines. Limitations have been placed on the construction of these interior balconies (lofts).  Depending on the square footage, mezzanines become a floor. This code clarifies when that change  occurs.     Foundation anchorage. If everything is engineered, we may not need a code amendment because the  engineers will take care of that.    Floor Joist Spans for Common Lumber Species. This is the span table for different types of wood. The  length you can use is constantly decreasing because the wood fibers in joists are not as strong as they  used to be. Young growth trees are being cut, and the fibers are not as strong as older trees.    Decking. Permits have been required for changing the decking on existing decks. Depending on the  material, it changes the span requirements for the joists. Direction of span also affects the load on the  decking.  Refer to Table R507.4 for specifics.     Deck Ledger Connection to Band Joist. Deck failures mostly occur where the deck is connected to the  building. Chair Spooner added deck failures are the number one type of failure in residential  structures.  CBO Birchfield stated there are specific instructions in R507.2 about how to attached the  ledger.    RECORD OF PROCEEDINGS Estes Park Board of Appeals 6 April 2, 2015 Board Room, Estes Park Town Hall Alternative Deck Lateral Load Connection.  The current code has a provision that says there is a certain  procedure to maintain lateral stability.   CBO Birchfield’s interpretation was that this is an option, not  a requirement.  If there are concerns, the Board can have additional discussion on this change.    Deck Joists and Beams. There is clear language on cantilevers and beams. There must be a certain  amount of solid wood before you can notch.  If you’re dealing with joist spans, you do not include the  cantilever in the span calculation. Contractors will need to make some calculations using the tables,  and convert it to comply with the deck loads for Estes Park (60 psf). There is specific criteria with joist  to beam connections.    Deck Posts. Posts over 8 feet require larger than a 4 x 4. This provisions is already being done in Estes  Park. The code provides specific instructions about how to attach the post to the pier.  CBO Birchfield  wants additional discussion concerning the connections of the post to the pier, and would like to see a  minimum pier size on decks.     Exterior Insulation and Finish Systems (EIFS).  This change is very important. The code now states you  can only use an EIFS system that does not have a drainage plane against concrete and masonry walls.  The EIFS cannot touch the ground. What most people do not realize is that the system is not  impervious. If it is not installed properly, it will filter moisture to the wall.  CBO Birchfield stated this is  only for EIFS, not hard coat systems.    Ceiling Joist and Rafter Tables. The span table for rafters and ceiling joists have changed due to the  reduced strength lumber.     Insulation for Condensation Control in Unvented Attics. The climate zone for Estes Park is 5. The  minimum ridge board for zone 5 is R‐20. Every seam must be sealed or the vapor and moisture will  migrate through the seams and dry rot the roof deck.  Every detail needs to be followed – you cannot  replace a vapor retarder with a vapor barrier.  House wrap is water resistant but vapor permeable,  and you don’t want to trap water in the wall. When you do an EIFS, we don’t want the water getting  past the drainage plane, and the material used has to function properly.  This will have an effect on  how the insulation package will be inspected.    Photovoltaic Shingles. If they can meet snow load, wind speeds, and wildfire hazard requirements,  they will be allowed.    Rooftop‐Mounted Photovoltaic Systems. These are very burdensome for firefighters. If there is a fire  in a structure with this type of system, firefighters are unable to fight the fire from the roof. Fire  Marshall Robinson stated there are a lot of buildings in the valley that firefighters are unable to access  the roof due to topographical issues, roof pitches, etc. There are a lot of safety concerns in regards to  roof‐mounted systems. The fire district is not looking at restrictions of these systems, they will just not  go on the roof to fight the fire if these panels are in place.    RECORD OF PROCEEDINGS Estes Park Board of Appeals 7 April 2, 2015 Board Room, Estes Park Town Hall CBO Birchfield stated the next meeting will be discussion about the International Fuel Gas Code  (IFGC), and also the changes in the 2012 and 2015 IRC that deal with the gas code. If someone wants  to propose a change to the code, please put it in writing and he will review it with you to make sure he  understands your proposal.    Going back to the lateral deck stability change, Chair Spooner stated this stability is a problem, and he  is proposing having it tied to the joist system in the deck and tied to the frame below the floor system,  or into the concrete if there is a concrete wall. He is concerned about connection to the main building,  and thinks it is worth beefing up the attachments.  There are also other ways of doing it.    PROPOSED LOCAL AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE  CBO Birchfield stated all the proposed local amendments are already amendments to the 2009 codes,  but they have to be revised in order to be adopted again.    Wind. CBO Birchfield stated discussions concerning wind and snow will occur at a later date. The  Structural Engineers Association of Colorado (SEAC) is hoping to have a snow load study out later in  2015, he would recommend putting this off until the study comes out.  All wind and snow  amendments will need to be revised to align with new codes (air pressures, altitudes, etc.).  He stated  the 2015 local amendments will have three wind maps. The revisions will not change the design  requirements for wind, just the way we talk about it.    Fire‐Resistant Construction. This amendment is no longer needed. The 2015 code now requires a two‐ hour wall.    Dwelling‐garage fire separation. CBO Birchfield reminded the Board the code is written as if all  buildings are sprinkled. The proposed amendment takes us where we used to be where the garage  needed to be rated with 5/8X gypsum board if it’s a certain distance from the adjacent structure.  The  goal is to protect the house from the garage. This proposed amendment differs from Larimer County  requirements. 5/8X works if done right – it will provide more protection for the structure.    Under‐stair protection. Proposed local amendment to rate the stairwell with one hour material –  firefighters and occupants need the stairs for escape and rescue.    Ceiling height. Beams and girders can protrude down a little from the required ceiling height.    Emergency escape and rescue required. Amendment in the building code is now the same in the  residential code. Discusses the size of escape and rescue opening. Basements need an escape and  rescue opening. Firefighters cannot fight their way out of concrete, and need a certain amount of  space to enter and exit with their equipment on. This applies only to new construction.    Riser Height. Stair geometry will be measured when the finishes are on the stairs, not in the rough  stage. You cannot have a rise less than 4 inches or over 7 ¾ inches.  RECORD OF PROCEEDINGS Estes Park Board of Appeals 8 April 2, 2015 Board Room, Estes Park Town Hall   One‐ and two‐family automatic fire systems. 2009 amendment removed the requirement for  automatic sprinklers in single‐family dwellings. This applies to new construction only, unless the  structure is being substantially altered.  The proposed amendment states if a system is installed,  certain standards apply. If this proposed local amendment does not go forward, every new home will  need to be sprinkled.     Address Numbers. Long driveways will require house numbers at the street. If they are not  illuminated, they must be reflective. Emergency responders must be able to see them in the dark.    Accessibility. If there is a building with four or more dwelling units, Federal and State accessibility laws  will apply.    Flood‐Resistant Construction. The proposed amendment would refer to floodplain regulations that are  already adopted in the Municipal Code. The current floodplain regulations state one (1) foot of  freeboard is required if you are building in the floodplain. This means the lowest floor in residential  buildings must be at least one foot above the Base Flood Elevation (BFE) (determined by an engineer).   Flood insurance premiums will be effected depending on the BFE. The state regulations for  commercial buildings require one foot of freeboard or be floodproofed. Residential requirements do  not allow floodproofing; they must be elevated.  The local codes were amended a couple of years ago  to align with these state regulations.      Drainage. Surface drainage should not be diverted through a sewer system.    Wildfire Hazard Mitigation Requirements for New Construction. The Larimer County standards have  been adopted by reference. CBO Birchfield stated he and Fire Marshall Robinson will be reviewing the  Urban Wildland Interface Code, and will consider making additional recommendations to the Board  concerning wildfire hazards.     Geotechnical evaluation. Up to this point, the Town standards have been assuming a soil‐bearing  capacity of 4,000 pounds per square foot. Chair Spooner stated he recommends a soil‐bearing  capacity of 2,500 per square foot, which would require a slight increase in pier size. CBO Birchfield  stated if the standard was 2,500 it would provide more room to work with, since the pier would be  larger.       Footings. A section was added about how to design footings.    Frost Protection. This is for monolithic pours, mainly detached garages. This is the exception that  allows these pours without pouring a frost‐protected foundation. This local amendment allows the  use of the monolithic pour handout, allowing 12‐inch pour depth below grade.     RECORD OF PROCEEDINGS Estes Park Board of Appeals 9 April 2, 2015 Board Room, Estes Park Town Hall Foundation anchorage. CBO Birchfield stated we can delete this proposed amendment and leave it up  to the engineer to design it properly.     Masonry walls will need engineering. All masonry walls will have to be engineered due to wind loads.   If you don’t want to use the handout provided for masonry walls, you will need to have it engineered.       Foundation drainage. Drains are required, unless the foundation design is engineered and stamped  showing a perimeter drain is not required.    Foundation Waterproofing. Foundation walls enclosing habitable spaces on the uphill side shall be  waterproofed when positive drainage is not provided. See the actual amendment for other details.     NOTE: CBO Birchfield stated if the code states “as determined by the building official”, this also  authorizes the building inspector and building permit technician to require waterproofing and/or  dampproofing.     Unvented crawl space. These are required to be ventilated while under construction.    Windows. Deleted the section concerning window guards. CBO Birchfield recommends keeping this  amendment, so the code will NOT require guards.    Roof Assemblies. The proposed local amendment would allow only class A roof assemblies or Class A  roofs in our wildfire hazard areas.       Ice barrier. Ice and water shield is required 2 feet inside the wall line of the roof. If less than a 4/12  pitch, the entire roof must be covered to prevent ice damming. There is recent history of ice damming  in Estes Park.    Reroofing. If replacing one square or less for maintenance/repair, the same class of covering can be  used. If replacing more than one square you are required to replace the covering with class A covering  (in wildfire hazard areas).    CBO Birchfield stated there will probably be a few other proposed local amendments depending on  public feedback.     PUBLIC COMMENT  Chair Spooner stated the process for adopting the 2015 codes will be going on for the rest of the year,  at least monthly. You have heard about the proposed changes, and what the current local  amendments are. The Board of Appeals needs the stakeholder’s opinions as to whether or not these  significant changes and local amendments will present construction problems that are worth  discussing. Written comments can be provided, or the public can speak at the meetings.     RECORD OF PROCEEDINGS Estes Park Board of Appeals 10 April 2, 2015 Board Room, Estes Park Town Hall John Tormalehto/local builder wanted to know about access to proposed local amendments and  significant changes. CBO Birchfield stated the significant changes are proprietary, and he can check  out the books from the Division of Building Safety. Local amendments will be posted on the Town  website.    CBO Birchfield stated feedback from stakeholders is important. We want to make things as easy as  possible for the builders, but don’t know if it’s an issue in the field unless someone tell us. It is also  important to know that these proposed regulations are from the ICC, not the Division of Building  Safety. Once they are adopted by the elected officials, he is obligated to enforce ALL of the  regulations. He encouraged all stakeholders to participate in the discussions.      The next meeting will be Thursday, May 7, 2015 from 4 to 6 p.m. in the Town Hall Board Room.    There being no further business, the meeting was adjourned at 5:55 p.m.              ___________________________________        John Spooner, Chair                      ___________________________________        Karen Thompson, Recording Secretary    Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson Date: May 12, 2015 RE: Liquor Licensing: Transfer of Ownership from Hess Enterprises, Inc., dba HUNTERS CHOPHOUSE, to Lotus Global, Inc., dba HUNTERS CHOPHOUSE, 1690 Big Thompson Avenue, Hotel & Restaurant Liquor License. Objective: Transfer an existing liquor license located at 1690 Big Thompson Avenue to the applicant, Lotus Global, Inc. Present Situation: A Hotel & Restaurant Liquor License is currently held at the location referenced above by Hess Enterprises, Inc., dba HUNTERS CHOPHOUSE. The applicant is requesting a transfer of the license and submitted a complete application to the Town Clerk’s office on April 2, 2015. A temporary permit was issued on April 3, 2015. The temporary permit authorizes the transferee to continue the sale of alcohol beverages as permitted under the permanent license while the application to transfer ownership of the license is pending. The applicant has submitted all necessary paperwork and fees and is aware of the TIPS training requirement. Proposal: Town Board review and consideration of the application to transfer the existing license to Lotus Global, Inc., dba HUNTERS CHOPHOUSE. Advantages: The transfer of the license provides the business owner with the opportunity to continue operating an existing, liquor-licensed establishment without an interruption of service to its clientele. Disadvantages: The business owner is denied the opportunity to continue operating an existing liquor- licensed business during the licensing process. Town Clerk’s Office Memo Page 2 Action Recommended: Approval to transfer the existing Hotel & Restaurant Liquor License to Lotus Global, Inc. Budget: The fee paid to the Town of Estes Park for the transfer of a Hotel & Restaurant Liquor License is $1319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the renewal fee payable to the Town for a Hotel & Restaurant Liquor License is $869 per year. Level of Public Interest: Low Sample Motion: I move to approve/deny the Transfer Application for a Hotel & Restaurant Liquor License filed by Lotus Global, Inc., dba HUNTERS CHOPHOUSE. April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following:  The application was filed April 2, 2015 .  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Corporation .  There is a police report with regard to the investigation of the applicants.  Status of T.I.P.S. Training: X Unscheduled Completed Pending Confirmation MOTION: I move the Transfer Application filed by Lotus Global, Inc., doing business as HUNTERS CHOPHOUSE for a Hotel & Restaurant Liquor License be approved/denied. COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Community Development Director Date: May 12, 2015 RE: ORDINANCE #04-15, Rezoning from E-Estate to R-2 Two-Family Residential, Lot 4, Twin View Resubdivision, 1650 Avalon Drive, Cindy Younglund-Liddell & Robert Liddell/Applicant. Planner Kleisler. Objective: Conduct a public hearing to consider a rezoning application for compliance with the Estes Valley Development Code (EVDC). Present Situation: Property History In December 1999, the Town Board voted to rezone this property from R-1 One and Two Family Residences to E Estate single-family residential. This rezoning was part of a valley-wide rezoning adopted with the Estes Valley Development Code. The old R-1 district was removed from the zoning code at that time. This property is about ¾ of an acre in size and contains a single-family home with an accessory living area. Historical Use of Property The applicant received a building permit in 1993 to convert a portion of the house for use as a Bed and Breakfast (B&B). The applicant has operated a seasonal B&B at the subject property since 1993. The B&B use was prohibited in the E Estate district in 2010, rendering the use of this property non-conforming. While the applicant pays the Local Marketing District Tax for this property, a Town permit for the B&B use has not been obtained; the applicant was unaware of the permit requirement. Staff has thoroughly researched the historical B&B regulations and E-1 E-Estate R-2 R-2 RM Site recommended language in the proposed ordinance to acknowledge the non-conforming status of the use. The applicant has agreed to obtain all necessary permits through the Town Clerk’s Office. Proposal: Rezone the property from E Estate to R-2 Two-Family residential. Advantages:  Approval would grant the property owner additional land use rights to convert the single family dwelling into a duplex, thus adding to the local housing supply. Disadvantages:  Approval would contradict the land use plan established with the 1996 Estes Valley Comprehensive Plan and adopted by the Town Board in 1999.  Would allow the property to be converted into two vacation homes, which may negatively impact the neighborhood. Action Recommended: On March 17, 2015, the Estes Valley Planning Commission voted unanimously 5-0 (two absent) to recommend conditional approval of the rezoning to Town Board, subject to the following conditions: 1. Compliance with memos from: a. Upper Thompson Sanitation District email dated February 20, 2015 b. Estes Valley Fire Protection District memo dated January 27, 2014 Budget: N/A Level of Public Interest: Low Sample Motion: I move to approve (or deny) Ordinance #04-15. Attachments: 1. Ordinance #04-15 2. Planning Commission Report Packet 3. Planning Commission Minutes Excerpt ORDINANCE NO. 04-15 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE TO REZONE LOT 4 OF THE TWIN VIEW RESUBDIVISION LOCATED AT 1650 AVALON DRIVE WHEREAS, Lot 4 Twin View Resubdivision, located at 1650 Avalon Drive has operated as a Bed and Breakfast since 1993; WHEREAS, the Estes Valley Planning Commission has recommended rezoning Lot 4 Twin View Resubdivision, located at 1650 Avalon Drive, from E Estate single- family residential to R-2 Two-Family Residential; 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 recommended zoning change be granted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The zoning Lot 4 Twin View Resubdivision, located at 1650 Avalon Drive, shall be changed from E Estate single-family residential to R-2 Two-Family Residential. Section 2: The Town recognizes the longstanding use of this property as a Bed and Breakfast and regards this property as nonconforming, in accordance with Chapter Six of the Estes Valley Development Code, Nonconforming Uses, Structures and Lots. Section 3: 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 12th DAY OF MAY, 2015. TOWN OF ESTES PARK _____________________________________ William Pinkham, Mayor ATTEST: _____________________________ Jackie Williamson, Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 12th day of May, 2015 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2015, all as required by the Statutes of the State of Colorado. Town Clerk RECORD OF PROCEEDINGS Estes Valley Planning Commission 1 March 17, 2015 Board Room, Estes Park Town Hall Commission: Chair Betty Hull, Commissioners Doug Klink, Nancy Hills, Steve Murphree, Wendye Sykes, Russ Schneider, Sharry White Attending: Chair Hull, Commissioners Klink, Hills, Murphree, Schneider, White Also Attending: Director Alison Chilcott, Senior Planner Dave Shirk, Planner Phil Kleisler, Town Board Liaison John Phipps, Larimer County Liaison Michael Whitley, Town Attorney Greg White, and Recording Secretary Karen Thompson Absent: Commissioners Sykes and Klink Chair Hull called the meeting to order at 1:30 p.m. There were approximately 55 people in attendance. Each Commissioner was introduced. Sharry White was welcomed as the recent appointee by the Town Board to fill the vacancy on the Commission. Chair Hull explained the process for accepting public comment at today’s meeting. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA A. Approval of minutes, February 18, 2015 Planning Commission meeting. It was moved and seconded (Hills/Schneider) to approve the consent agenda as presented and the motion passed unanimously with two absent. 3. REZONING REQUEST, LOT 4, TWIN VIEW SUBDIVISION, 1650 Avalon Drive Planner Shirk reviewed the staff report. The applicants, Robert Liddell and Cindy Youngland- Liddell, requested to rezone their property from E–Estate to R-2–Two-Family Residential. The property was zoned E–Estate as part of the overall rezoning process with the 1996 adoption of the Estes Valley Comprehensive Plan. In this case, the property had been zoned for two-family development since at least 1974. The change to E–Estate zoning occurred due to the existing single-family dwelling on the property. Other parcels in the area were kept as two-family zoning because they contained existing duplexes. Planner Shirk stated in 1993, the applicant pulled a building permit for an interior remodel, including a bedroom, toilet, small living area, and kitchenette. The use was designated as mother- in-law living quarters, and did not qualify as an accessory dwelling unit due to the design. Thus, when the rezoning occurred, the home was considered a single-family dwelling. Planner Shirk stated if the rezoning is approved by the Town Board, and the applicant opts to convert this remodeled area into a full dwelling unit, additional utility fees and building permits will be required. Staff is recommending disapproval. Planning Commission is the recommending body, with Town Board being the decision-making body, scheduled to be heard on April 28, 2015. Planner Shirk stated the application was routed to all affected agencies and adjacent property owners. Compliance with agency comments will be conditions of approval. Staff received three letters of support for the rezoning. Planner Shirk stated according to the Estes Valley Development (EVDC), the rezoning request shall be reviewed by the Planning Commission and Town Board for compliance with the relevant standards and criteria as follows: 1. The amendment is necessary to address changes in conditions in the areas affected; Staff Finding: The neighborhood includes a mix of zoning districts. The applicant considers this application a corrective rezoning to restore the previous two-family designation. Staff considered the following in the review for a corrective rezoning: a. The dwelling is a single-family dwelling unit, not a duplex. Building permit applications to convert the dwelling to a duplex were not received; water tap fees for a duplex have RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 March 17, 2015 Board Room, Estes Park Town Hall not been paid, and the Larimer County Assessor lists the property as a single-family dwelling unit. b. The property was rezoned from R-S residential to E–Estate in 2000, as part of the overall rezoning of the Estes Valley. Because of the single-family dwelling features, this property was assigned a single-family zoning designation. Nearby multi-family or duplex properties were assigned the appropriate multi-family or duplex zoning designations. c. EVDC Section 3.3.B.3 states that ‘within one year from the effective date of [the EVDC], any property owner may apply for rezoning on the basis that an error in the original zoning was made.’ This one year timeframe expired in 2001. Planner Shirk stated because of these factors, staff did not consider this a corrective rezoning. 2. The development plan, which the proposed amendment to the EVDC would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley; Staff Finding: Based on the small-scale of the rezoning request, staff waived the requirement for a development plan. 3. The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved; Staff Finding: Utility providers have not expressed significant concerns about the rezoning request. Upper Thompson Sanitation District noted additional plan investment fees would be required for an additional dwelling unit or conversion of the existing accessory dwelling area into a separate unit. Staff Findings 1. The Planning Commission is the Recommending Body to the Town Board. 2. The proposed rezoning conflicts with the land use plan described in Chapter 4 of the Estes Valley Comprehensive Plan. 3. Approval would be in conflict with the purposes and objectives of the EVDC. 4. The request is not a corrective rezoning. 5. Use of the structure as a two-family dwelling, including use of the accessory living area as a vacation home, shall require compliance with applicable building codes. 6. Approval of the rezoning will not be materially detrimental to the public welfare or injurious to other property in the neighborhood. 7. The amendment is not necessary to address changes in conditions in the areas affected. 8. The Town and other relevant service providers have the ability to provide adequate services and facilities that might be required if the application is approved. Planner Shirk stated staff recommended denial of the requested rezoning. Staff and Commission Discussion None. Public Comment Robert Liddell and Cindy Younglund-Liddell/applicants have lived in the area since the 1950s. The two-family zone district appealed to them when they purchased the property. She stated the remodel included a back entrance. In the winter, they remove “partitions” to open up the mother-in-law quarters as part of the main home, and in the summer they put them up and use the space as a rental. They were unaware of the rezoning until this past summer. She stated she did not receive notice in the mail concerning the rezoning that occurred in 2000. The Liddell’s have been using back portion of the home as a rental since 1994. She is requesting the two-family zoning be re-established in order to continue renting the mother-in-law quarters. Johanna Darden/Town resident has known the Liddells since 2006. She stated they have always been very careful, law-abiding citizens, and are an asset to the community. Public Comment closed. Staff and Commission Discussion RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 March 17, 2015 Board Room, Estes Park Town Hall Planner Shirk stated if approved, the applicants would be required to pay additional water and sewer fees if they use the mother-in-law quarters as a second dwelling. Additionally, building permits and associated fees would be required to comply with the building codes for a two-family dwelling. Town Attorney White stated the process to adopt the zoning changes began in 1992, with notices being sent to all affected property owners. The mailing lists used were from the Larimer County Tax Assessor’s database (still used today). While the system is not perfect, it is the best they have. There were many public meetings and newspaper articles concerning the rezoning, and the public had the opportunity to voice their opinion at that time. The Town of Estes Park and Larimer County adopted the Comprehensive Plan in 1996, which detailed the land-use planning process used to rezone properties. In late 1999, the Estes Valley Development Code was adopted. Prior to the zoning changes, there were opportunities for property owners of proposed rezonings to meet with Town staff and/or the Mayor to request the zoning not be changed. Additionally, property owners had one year following the zoning changes to challenge the decision. In this case, the Liddells did not come forward to request the zoning remain two-family residential. Staff commented many properties in the immediate area were down-zoned from two family to single- family, and the Liddell property was not singled out. Conditions of Approval 1.Compliance with memos from: a.Estes Park Community Development memo dated March 5, 2015 b.Upper Thompson Sanitation District email dated February 20, 2015 c.Estes Valley Fire Protection District memo dated January 27, 2015. It was moved and seconded (Murphree/Schneider) to recommend approval to the Town Board of the Rezoning request of Lot 4, Twin View Subdivision with the findings and conditions recommended by staff and the motion passed unanimously with two absent. COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Estes Park Board of Trustees Town Administrator Lancaster From: Philip Kleisler, Planner II Date: May 12, 2015 ORDINANCE #06-15, Estes Valley Development Code Amendment, Section 4.4.B, Table 4-4: Permitted Uses, Non-Residential Zoning District. Amendment to allow small-scale pet grooming in the CD-Commercial Downtown zone district as an accessory use to pet-related retail establishments. Planner Kleisler. Objective: Consideration of an ordinance amending the Estes Valley Development Code (EVDC) to permit small-scale Animal Grooming in the Commercial Downtown District (CD). Present Situation: Animal Grooming includes the bathing and trimming services for small domestic animals and short-term boarding (no more than 48 hours). Animal Grooming is only permitted in the CO Commercial Outlying zone district. Because this grooming use is specifically prohibited in the CD Commercial Downtown district it is not permitted as an accessory use. An owner of a downtown pet boutique store has approached Town staff with a request to amend the EVDC to permit Animal Grooming as an accessory use in the CD district. As outlined in the attached letter, this owner receives consistent requests for grooming services throughout the summer, primarily after muddy day hikes. The Planning Commission provided initial feedback about this proposal during the March 17, 2015 hearing regarding numerous land use matters and on April 21st voted unanimously to recommend approval of the proposed ordinance. Town Board reviewed the proposed code amendment on April 28, 2015 and requested that an ordinance be brought back to the Board for formal adoption. The Board of County Commissioners are scheduled to consider this ordinance on May 18, 2015. The Commissioners did not express any concerns about the proposal during a recent work session. Page 2 of 3 Proposal: The proposed code amendment allows the Animal Grooming in the Commercial Downtown District with three restrictions: 1. Permitted as an accessory use only. 2. Service shall not exceed two (2) animals at any time. Staff Comment: This restriction was intended to address the Board and Commission’s preference to limit the grooming component of the business to ensure a small capacity. The intent is to allow one animal being groomed, while another is waiting to be picked up. 3. Shall not include Animal Boarding at any time. Staff Comment: Similar to number two above, this restriction is intended to strictly prohibit any Animal Boarding in the CD district. Staff expects the animals to be crated for a brief period while waiting to be picked up. Advantages:  Encourages a new type of downtown service not currently offered;  Dog-friendly amenities often strengthen the vibrancy of urban areas;  Such a service would bring some visitors downtown for several hours while their pet is being groomed. Disadvantages:  Downtown animal grooming may lead to some degree of land use conflicts. The proposed regulations seek to limit such conflicts through operational restrictions.  The Animal Sales/Services zoning uses appear to have been established to limit land use conflicts relating to noise. At this point no Animal Sales/Services uses are permitted in the CD district. This code amendment may be in conflict with the original intent of the Animal Sales/Services Use. Action Recommended: On April 21, 2015, the Estes Valley Planning Commission held a public hearing and voted unanimously (6-0, one commissioner absent) to recommend APPROVAL of the proposed code amendment, conditional to: 1. Amending bullet three in the code amendment to reflect the following: “Shall not include Animal Boarding at any time.” Page 3 of 3 Staff Comment: The Commission added “at any time” to the amendment. 2. Consideration of a local building code amendment for noise abatement. Staff Comment: The Board of Appeals is examining the local amendments to the upcoming 2015 International Building Code adoption. The Town Board could add this to the Board of Appeals’ work plan for further examination. Budget:  Legal notice, publication and codification fees are minimal ($300); and  Staff time. Level of Public Interest Low. A press release was published on April 7 and notecards were mailed to all property owners within the CD district. Staff has received the following comments: - A downtown business owner called to express concerns about potential noise impacts of this use in the downtown core; - A pet groomer called to speak against the code amendment. Specifically, the owner believes that this use is unfair to other groomers in town who needed to be located other commercial areas; - Two owners of pet grooming/supply stores were contacted by staff. Each of these owners expressed support for the code amendment, citing an expanded tax base and the promotion of small business as the primary reasons. Three (3) members of the public spoke in opposition to the request during the Planning Commission meeting. All comments were provided by local owners of animal grooming businesses. Many of the comments focused on unfair treatment, as most groomers are required to be located in the Commercial Outlying district, which at times has been difficult. No comments have been received since the April 28th Board meeting. Sample Motion: I move to approve (or deny) Ordinance #06-15. Attachment: 1. Ordinance 2. Request from business owner 3. EVDC Excerpts 4. Planning Commission report 5. Planning Commission Minutes ORDINANCE NO. 06-15 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE RELATING TO SMALL-SCALE PET GROOMING IN THE CD-COMMERCIAL DOWNTOWN ZONE DISTRICT. WHEREAS, the Estes Valley Planning Commission has recommended an amendment to the Estes Valley Development Code, Section 4.4.B, Table 4-4: Permitted Uses, Non-Residential Zoning District; and WHEREAS, said amendments to the Estes Valley Development Code are 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 amendments to the Estes Valley Development Code, Section 4.4.B, Table 4-4: Permitted Uses, Non-Residential Zoning District; set forth on Exhibit “A” and recommended for approval by the Estes Valley Planning Commission be approved. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Valley Development Code shall be amended 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 12th DAY OF May, 2015. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 12th day of May, 2015 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of , 2015, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk Ordinance No. 06-15 Exhibit A Use Classification Specific use Nonresidential Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated) “P” = Permitted by Right “S” = Permitted by Special Review “–” = Prohibited A A-1 CD CO O CH I-1 RESIDENTIAL USE CLASSIFICATIONS Animal Sales/Services (cont'd) Animal Grooming – – P P – – – In CD, such use:  Permitted as an accessory use only;  Shall not exceed two (2) animals at any time; and  Shall not include Animal Boarding at any time. Animal Hospital – – – P – – P Animal Retail Sales – – – P – – – Animal Shows/Sale s – – – P – P P §5.1.L Veterinary Office – – – P – – – Deleted: – From: Pam DeWitt [mailto:dewittpam@gmail.com] Subject: Grooming To Whom It May Concern: I am a new business owner on Elkhorn Ave, called; Fur Babies a Pet Boutique. I would like to offer a one table pet grooming, for tourist and locals. I was asked almost daily for pet grooming during the summer months and at least once a week after the tourist rush. I want a high standard, quality, environmentally sound grooming with; cleanliness a priority, one table-never more than two dogs at one time and no cages. Here is a list of the benefits of offering grooming down town: ·Demand-Tourist traveling and their pets are untrimmed/dirty. They come in with dogs that are filthy from traveling, hiking or in the rivers and lakes. They want to drop off get their dogs cleaned while they go shopping ·Shopping-While pets are being groomed or cleaned; owners can shop down town. Many shops do not allow pets in their stores; this frees them up to shop or eat. ·Locals come in wanting a place to just drop off their pets’ quick, easy/conveniently. There is a drop off parking space right out front for easy access. Demand is there, need for quality grooming is there. This is a plus for downtown, something quick/convenient, unique and adds variety to downtown, which shoppers are wanting. I have a great response from many business owners and shoppers I have spoken too. I am not competition for the other groomers; I am not full scale, nor could I handle anything large scale to be any kind of competition. Besides, competition is not a bad thing, it makes businesses work harder to be better and that is a win/win situation for patrons. Thanks, Pam DeWitt Fur Babies Request from business owner 4. Homeowner Association Required. All new townhome developments containing five (5) or more dwelling units shall be required to establish a mandatory Homeowner Association for the maintenance of common property (including private open areas) within the development. 5. Attainable Housing. All developments in the R-1 District shall be subject to the attainable housing limitations for rental and owner occupancy set forth in §11.4.C. (Ord. 13-99 §D, 11/3/99; Ord. 18-01 ##13—15, 10/23/01; Ord. 2-02 §1, 2/12/02; Ord. 11-02 §1, 8/13/02; Ord. 18-02 #3, 12/10/02; Ord. 6-06 §1, 9/26/06; Ord. 25-07 §1, 11/27/07) § 4.4 NONRESIDENTIAL ZONING DISTRICTS A. List of Districts/Specific Purposes. 1. Accommodations Zoning Districts. a. A Accommodations/Highway Corridor Zoning District. This district implements the “A-Accommodations” land use category set forth in the Comprehensive Plan. It applies primarily in highway-oriented commercial areas of the Estes Valley, and allows a wide variety of accommodation uses, including relatively higher-intensity accommodations such as multi-story hotels and motels. A variety of related tourist-serving retail and commercial uses, such as restaurants, bars and gift shops, will be permitted, but only as accessory uses to a principal accommodations use and only if such supporting uses are located inside the same structure as the principal use. Stand-alone commercial or retail uses will not be permitted in this accommodations district; instead, such uses may be developed in the other commercial zones. b. A-1 Accommodations/Low-Intensity Zoning District. This district implements the “A-1-Accommodations” land use category set forth in the Comprehensive Plan. This district provides for low-intensity and small-scale residential uses, low- intensity accommodations and very limited accessory uses located along highway and roadway corridors characterized by low-intensity residential and lodging uses, including resort lodges, cabins and condominium developments. Aside from these limited residential and accommodation uses, no new commercial development shall be permitted in this district. New uses, including new accommodations, shall be developed consistent in intensity, bulk and design with the low-scale, residential character of this district. 2. Commercial Zoning Districts. a. CD Downtown Commercial. This zone district is established to provide a wide variety and relatively high intensity of retail and commercial services within Downtown Estes Park to serve both residents and visitors. The CD District implements the “CBD-Commercial Downtown” land use category set forth in the Comprehensive Plan. This district is intended to encourage a predominance of compact and pedestrian-scale retail, service and office uses in the Downtown core. Residential uses, especially employee housing or when mixed with commercial or retail uses, are also encouraged within the district to provide alternative housing choices for the Valley’s workforce. It is the intent that the Downtown maintain its function as the Valley’s focal point of tourist shopping and entertainment activity. This area is also a key economic Attachment 3: EVDC Excerpts engine for the Town of Estes Park and the Valley; therefore, future sales-tax generating uses are strongly encouraged. It is also the intent of this district that new development develop in ways integrating and even enhancing the qualities of the streams, rivers, topography and other natural assets of the area. b. CO Outlying Commercial Zoning District. This zoning district is established to encourage the development of a wide variety of commercial and retail uses along the major corridor entryways into the Valley and the Town of Estes Park. This zoning district is established to implement the “Commercial” and “Commercial- Recreation” future land use categories recommended in the Comprehensive Plan. This district should accommodate the majority of the larger, freestanding commercial and retail buildings to meet future demand in the community. c. O Office Zoning District. This zoning district is established to implement the “Office” future land use category recommended in the Comprehensive Plan. The intensity of future office development will be controlled through district standards setting forth a maximum floor area ratio (FAR) and building height maximum. d. CH Heavy Commercial Zoning District. This zoning district is intended to provide for heavy commercial uses, including vehicle repair services, construction trades and bulk goods retailing. It shall be limited to areas within the Estes Valley that already contain some of these types of heavy commercial uses, and shall not include areas fronting the Valley’s highways or arterial streets. Permitted uses shall include utility facilities and installations, repair services, bulk storage and limited manufacturing. Most of these uses shall be permitted by right, but subject to specific size limitations. Larger facilities shall be subject to special review. 3. Industrial Zoning Districts. a. I-1 Restricted Industrial Zoning District. This zoning district implements the “Restricted Industrial” land use category recommended in the Comprehensive Plan. Permitted uses shall include a relatively wide variety of industrial uses, as reflected in the existing mix of industrial land uses, including several concrete/asphalt plants, propane distributors, construction trade yards and gravel mining and crushing facilities. However, to discourage future conflicts, residential uses shall not be permitted in this zoning district. An important element of development in this industrial zone district shall be compliance with performance standards to protect adjacent uses from adverse impacts of industrial development. B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Table 4-4 Permitted Uses: Nonresidential Zoning Districts Use Classification Specific use Nonresidential Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated) “P” = Permitted by Right “S” = Permitted by Special Review “–” = Prohibited A A-1 CD CO O CH I-1 RESIDENTIAL USE CLASSIFICATIONS Attachment 3: EVDC Excerpts resort lodge/cabin use may contain full kitchen facilities in lieu of “limited kitchen facilities,” but only if such guest rooms comply with all conditions set forth in §5.1.P of this Code. 3. Adult Businesses. a. General Definition: Any facility or establishment that conducts as a principal use of the premises, or as a significant or substantial adjunct to another use of the premises, the sale, rental, display or other offering of live entertainment, dancing or material that is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to specified sexual activities or specified anatomical areas as an attraction to the premises. b. Examples: Examples include, but are not limited to, the following specific types of uses: (1) Adult Bookstore: Any establishment that sells or rents adult material, including but not limited to books, magazines, movies, films, slides or other photographic or written material and/or devices. (2) Adult Cabaret, Restaurant or other Business: A cabaret, restaurant or place of business that features topless or bottomless dancers, waitresses, waiters or entertainers. (3) Adult Motion Picture Theater: Any theater in which the presentation of adult material is the primary or principal attraction. 4. Animal Sales/Services. a. General Definition: Any commercial facility or establishment that conducts as a principal use of the premises the sale or boarding of animals, or the provision of care, treatment or services for animals. b. Examples: This classification includes the following types of specific uses: (1) Animal Boarding: Provision of shelter and care for small or large animals on a commercial basis. This use includes activities such as feeding, exercising, grooming and incidental medical care. (2) Animal Grooming: Provision of bathing and trimming services for small or domestic animals only on a commercial basis. This use includes boarding of domestic animals for a maximum period of forty-eight (48) hours. (3) Animal Hospital: Establishments where small or domestic animals receive medical and surgical diagnosis and treatment. This use includes only facilities that are entirely enclosed, soundproofed and air-conditioned. Grooming and temporary (no more than thirty [30] days) boarding of animals is included if incidental to the hospital use. (4) Animal Retail Sales: Retail sales and boarding of small or domestic animals only, provided that such activities take place within an entirely enclosed building. This use includes grooming if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of forty-eight (48) hours. (5) Animal Shows/Sales: Exhibitions of small/domestic or large animals for a maximum of seven (7) days. This use includes animal sales. Attachment 3: EVDC Excerpts (6) Veterinary Office: Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases. Overnight care and boarding of small or domestic animals is permitted for up to thirty (30) consecutive days within the interior of such facility. 5. Artist Studio. Work space for artists and artisans, including individuals practicing one (1) of the fine arts or performing arts, or skilled in an applied art or craft. 6. Bank or Other Financial Institution. Establishments that provide retail banking services, mortgage lending and similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. This classification also includes Automated Teller Machines (ATM) located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only. 7. Building Materials/Services. Retailing, wholesaling or rental of building supplies or equipment. This classification includes lumber yards, building tool and equipment sales or rental establishments, and building contractors’ yards, but excludes establishments exclusively devoted to retail sales of paint and hardware and activities classified under Vehicle/Equipment Sales and Service. 8. Business Services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; employment services; management and consulting services; protective services; office equipment rental and leasing (e.g., photocopy machines); commercial research; photo finishing; photocopying and printer services; and personal supply services. 9. Catering Service. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating/Drinking Establishments.) 10. Civic, Social or Fraternal Membership Clubs, Lodges or Associations. Meeting, recreational or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs, youth centers, and fraternal and veteran’s organizations. 11. Commercial Laundry. A business which launders and dry cleans clothing and other fabric articles in bulk. Dry cleaning agencies are distinguished from commercial laundries, the latter which perform dry cleaning of materials delivered to the premises by persons or services other than the owner of the materials. See also Personal Services. 12. Commercial Recreation or Entertainment Establishments, Indoor. a. General Definition: A building or part of a building devoted to providing amusement, entertainment or recreation for a fee, including movie theaters and theatrical space for dramatic, musical or live performances, indoor pinball/video arcades, bowling alleys, health clubs, aerobic exercise studios and including such activities as billiards and pool, other table games and similar-scale amusements. b. Examples: This use classification includes the following specific types of uses: (1) Limited Commercial Recreation or Entertainment Establishments, Indoor: Limited to the following indoor entertainment establishments only: Indoor movie theaters and theatrical space for dramatic, musical or live performances; indoor billiards, pool and other table games. Attachment 3: EVDC Excerpts COMMUNITY DEVELOPMENT Memo To: Estes Valley Planning Commission From: Philip Kleisler, Planner II Date: April 21, 2015 RE: Estes Valley Development Code Amendment: Small-scale Animal Grooming in the Commercial Downtown zone district Objective: Consideration of an amendment to the Estes Valley Development Code (EVDC) to permit small-scale Animal Grooming in the Commercial Downtown District (CD). Present Situation: Animal Grooming includes the bathing and trimming services for small domestic animals and short-term boarding (no more than 48 hours). Animal Grooming is only permitted in the CO Commercial Outlying zone district. Because this grooming use is specifically prohibited in the CD Commercial Downtown district it is not permitted as an accessory use. An owner of a downtown pet boutique store has approached Town staff with a request to amend the EVDC to permit Animal Grooming as an accessory use in the CD district. As outlined in the attached letter, this owner receives consistent requests for grooming services throughout the summer, primarily after muddy day hikes. The Planning Commission provided initial feedback about this proposal during the March 17, 2015 hearing regarding numerous land use matters that are outlined below. Town staff has taken the following actions throughout the past month:  Public Outreach o To ensure adequate public involvement, a press release was published on April 7, 2015 and individual mailings were sent to all property owners within the CD district. o Numerous pet-related businesses were contacted to explain the request and receive initial feedback. Page 2 of 5  Researched current laws about pet handling in public spaces o Estes Park Municipal Code Section 7.06.040 requires that pet owners remove “any dog or cat feces deposited by said dog or cat on public sidewalks, right-of-way, street, parks or recreation areas.” This section also specifies the same removal requirement for private properties. Lastly, this section requires that any place where a dog or animal are kept be clean and sanitary. o Estes Park Municipal Code Section 7.12.040 requires that dogs and cats be in control of their owner by either confinement (e.g. car, crate) or leash. o Estes Park Municipal Code Section 7.12.120 establishes that it is unlawful “for any person to keep or maintain any animal within the Town which habitually or continually disturbs the peace and quiet of any individual or neighborhood by barking, whining, howling or making any other noise.” o The purpose of the CD district is to establish a “wide variety of relatively high intensity of retail and commercial services within Downtown Estes Park to serve both residents and visitors…The district is intended to encourage a predominance of compact and pedestrian-scale retail, service and office uses in the Downtown core.” The full purpose statement is attached to this report. o The Estes Valley Comprehensive Plan establishes community-wide policies and specific neighborhood policies throughout the Valley. The code amendment is consistent with the following objectives of the Comprehensive Plan:  Community-wide policies 1.3: “Encourage existing and future community commercial uses to located within a compact, well defined downtown business district.” In order to provide any grooming service at this time downtown businesses must relocate to outlying commercial areas. o Staff met with the Colorado Department of Agriculture, who administers the Pet Animal Care and Facilities Act (PACFA). The PACFA Program is a licensing inspection program dedicated to protecting the health and well- being of those animals in pet care facilities. Staff at PACFA made several comments:  Consider if the Town prefers a full service wash or a self -serve wash. Page 3 of 5 Staff does not recommend specifying if the business must be a full service or self-serve wash. There are higher State permitting standards for full service washes.  What prevents a dog from going out the front door? Municipal Code Section 7.12.040 appears to address this concern.  Drains should catch hair. The Estes Park Sanitation District reviews building permits for any remodels to this type of business. During that review the District requires that the owner install screens to catch hair. No concerns were expressed by the District relating to this code amendment. Proposal: The proposed code amendment allows the Animal Grooming in the Commercial Downtown District with three restrictions: 1. Permitted as an accessory use only. 2. Service shall not exceed two (2) animals at any time. Staff Comment: This restriction was intended to address Board and Commissioner’s preference to limit the grooming component of the business to ensure a small capacity. The intent is to allow one animal being groomed, while another is waiting to be picked up. 3. Shall not include Animal Boarding. Staff Comment: Similar to number two above, this restriction is intended to strictly prohibit any animal boarding in the CD district. Staff expects the animals to be crated for a brief period while waiting to be picked up. Advantages:  Encourages a new type of downtown service not currently offered;  Dog-friendly amenities often strengthen the vibrancy of urban areas;  Such a service would bring some visitors downtown for several hours while their pet is being groomed. Page 4 of 5 Disadvantages:  Downtown animal grooming may lead to some degree of land use conflicts. The proposed regulations seek to limit such conflicts through operational restrictions.  The Animal Sales/Services zoning uses appear to have been established to limit land use conflicts relating to noise. At this point no Animal Sales/Services uses are permitted in the CD district. This code amendment may be in conflict with the original intent of the Animal Sales/Services Use. Action Recommended: Town staff is providing a number of options for the Planning Commission to consider: 1. Recommendation of approval of the attached (or revised) code amendment to the Town Board and Board of County Commissioners; 2. Recommendation of disapproval; or 3. Recommendation that this matter be considered with other possible code amendments during the upcoming downtown master plan process. The master planning process will begin this summer and be completed in the fall (October- November). Budget:  Legal notice, publication and codification fees are minimal ($300); and  Limited staff time. Level of Public Interest Low. A press release was published on April 7 and notecards were mailed to all property owners within the CD district. Staff has received the following comments: - A downtown business owner called to express concerns about potential noise impacts of this use in the downtown core; - A pet groomer called to speak against the code amendment. Specifically, the owner believes that this use is unfair to other groomers in town who needed to be located other commercial areas. This owner will likely provide written comments to the Commission, though such comments were not receive by April 16th; - Two owners of pet grooming/supply stores were contacted by staff. Each of these owners expressed support for the code amendment, citing an expanded tax base and the promotion of small business as the primary reasons . Page 5 of 5 Attachment: 1. Request from business owner 2. Proposed code amendment 3. EVDC Excerpts RECORD OF PROCEEDINGS Estes Valley Planning Commission 1 April 21, 2015 Board Room, Estes Park Town Hall Commission:  Chair Betty Hull, Vice‐Chair Doug Klink, Russ Schneider, Nancy Hills, Steve  Murphree,  Wendye Sykes, and Sharry White    Attending:  Chair Hull, Commissioners Schneider, Hills, White, Sykes, and Murphree    Also Attending: Community Development Director Alison Chilcott, Planner Phil Kleisler, Town  Board Liaison John Phipps, Larimer County Liaison Michael Whitley, and  Recording Secretary Karen Thompson    Absent:  Commissioner Klink, Senior Planner Shirk    Chair Hull called the meeting to order at 1:30 p.m.  There were approximately 6 people in attendance.   Each Commissioner was introduced. Chair Hull explained the process for accepting public comment at  today’s meeting. The following minutes reflect the order of the agenda and not necessarily the  chronological sequence.    1. PUBLIC COMMENT  None.    2. CONSENT AGENDA     A. Approval of minutes, March 17, 2015 Planning Commission meeting.    It was moved and seconded (Hills/White) to approve the consent agenda as presented and the  motion passed unanimously with one absent.    3. Chair Hull stated Riverview Pines Development Plan and Amended Plat was withdrawn by  applicant.    4. ESTES VALLEY DEVELOPMENT CODE AMENDMENT CONCERNING PET GROOMING IN THE CD– COMMERCIAL DOWNTOWN ZONE DISTRICT  Planner Kleisler reviewed the staff report. Planner Kleisler stated several months ago, staff  received a request by a downtown business owner concerning a desire to have a dog‐grooming  business in the downtown area. In the Estes Valley Development Code, dog grooming businesses  are allowed only in the CO‐Commercial Outlying zone district.  Staff approached the Town Board  at a past study session and was allowed to proceed with draft code language. Planning  Commission is the recommending body to the Town Board and the Larimer County Board of  County Commissioners.    He stated this code amendment was rather unique in that it would only apply to the CD– Commercial Downtown zone district, and only as an accessory use to a pet‐related business.  After  reviewing the draft code language, the Planning Commission may consider certain restrictions to  the scope of work allowed, including but not limited to the number of animals allowed in the  grooming area at one time, noise, etc.  He stated noise is currently regulated by the Estes Park  Municipal Code, and enforced by the Estes Park Police Department. Staff found noise regulations  would be best left in the municipal code rather than adding an amendment to the development  code, with the main reason being the ability of the Police Department to issue citations at the  time of violation. The EVDC would need to follow a much longer process for violations. The State  Health Department also regulates animal‐related businesses, and all pet grooming businesses in  the Estes Valley must comply with those regulations.  Planner Kleisler stated the sanitation  districts also have certain requirements for this type of business.    Planner Kleisler stated in addition to the legal notice, a press release was published, and notices  were mailed to all property owners in the CD zone district. Staff received valuable feedback from  other grooming businesses located in the Commercial Outlying zone district.    Planner Kleisler stated the proposed code amendment is basic and straight forward. It would  include a change to the use table in EVDC Chapter 4, Nonresidential Zoning Districts. The table  RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 April 21, 2015 Board Room, Estes Park Town Hall shows this use currently allowed in the CO–Commercial Outlying zone district. The change would  add “permitted by right” in the CD–Commercial Downtown zone district, as an accessory use to  pet‐related businesses. Additional restrictions include no more than two animals at one time, and  no animal boarding allowed.  He made it clear no pet daycare would be allowed, only a small‐ scale grooming operation.    The Planning Commission could choose to recommend approval as written or revised with  additional (or less) language, recommend denial, or recommend putting this proposed  amendment on hold until the upcoming downtown neighborhood plan process is complete.  Director Chilcott added the newly funded downtown neighborhood plan most likely would not  reach this level of detail, and code changes such as this one would be given a lower priority than  other items such as traffic, parking, wayfinding, etc. This plan just received grant funding, and the  Request For Proposal (RFP) has not been written yet.     Staff and Commission Discussion  Commissioner Schneider stated he would like to see “at any time” added to the requirement for  no animal boarding.     Public Comment  Pam Dewitt/local business owner stated she owned a pet‐related business, and would like to have  a small, clean, organized, and dedicated space in the back of her store for pet grooming. She  indicated tourists have asked if she does grooming, as they would like to have their pets groomed  after a long day outdoors. Part of her business is animal photos, and grooming would enhance  that portion of her business, as well as bring in additional business. She stated animals will not be  boarded there, and estimates one dog grooming would take approximately one hour. The hours  of operation would probably be about 10:30 a.m. to 7:00 p.m. Her plans are to construct a  separate glassed‐in area specifically for the grooming area. Grooming hours would be the same as  the store hours.    Christine Kalencki/local resident was concerned about animal grooming being allowed in the  downtown area. Other groomers have been forced to locate outside of the downtown area;  several have left the Estes Valley, others have struggled. She thinks it is unfair to other dog  groomers in the Estes Valley to change the code to now allow grooming in the downtown area.  Groomers in Colorado are highly regulated for structure, safety, ventilation, etc. and inspectors  arrive on a regular basis to ensure compliance with state regulations.     Donna Elston/local resident had concerns whether the Estes Valley could support another  groomer. Noise can be an issue, whether you have one dog or ten. She suggested limiting the  number of groomers, so as not to stretch the industry too thin.     Michael Palmington/local resident stated at one time he considered moving his grooming  business from the Dry Gulch Road area to downtown, but was told it was not zoned properly, and  he was not allowed to open a grooming business in the CD zone district.       Staff and Commission Discussion  Will Birchfield, Chief Building Official, stated the adopted building codes address sound  transmission only for dwelling units such as hotel units, apartments, hallways in residential  buildings, etc.  The codes do not regulate sound transmission controls for commercial businesses.   In the downtown area, if a ceiling was removed to try to abate noise, it could trigger the  requirement to install fire‐resistive construction in the entire building.  The town has the ability to  require soundproofing either as a local amendment to the building codes or an amendment to  the development code.    Chair Hull clarified if this code amendment was approved, any pet‐related business downtown  could open a grooming operation as an accessory use if they complied with all other state and  local requirements.  Commissioner White stated the number of animals allowed would be  enforced by the Code Compliance Officer, who could visit the store at any time. Enforcement  RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 April 21, 2015 Board Room, Estes Park Town Hall would also be complaint driven.  Planner Kleisler added there are no proposed changes to the  current definition of animal boarding.  Commissioner Schneider was concerned about the  potential noise, and wanted to be able to ensure noise mitigation was in place. Planner Kleisler  stated the Police Department had no specific comments concerning how they would address any  noise complaints. When there is a sound complaint, the sound meters are used at the property  line. The number of dogs allowed is enforceable due to the very specific number.  If noise  abatement were added to the amendment, enforcement would have to follow the EVDC process  for code violations, which can be a rather lengthy process. Director Chilcott stated the  Commission could recommend an amendment to the building codes be considered to require  some noise mitigation. She added the Estes Park Board of Appeals is currently reviewing the 2015  International Building Codes with plans to adopt them, with local amendments, at the end of this  year.     It was moved and seconded (Schneider/Hills) to recommend approval of the amendment to the  Estes Valley Development Code to the Town Board and Larimer County Board of County  Commissioners the as described in the staff report, with the consideration of a local building  code amendment for noise abatement, and the words “at any time” be added to the table as it  relates to no boarding, and the motion passed unanimously with one absent.    Director Chilcott clarified if the Town Board approves this code amendment, they will also be  required to address a noise abatement amendment in the building code approval process.         ENGINEERING Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Kevin Ash, PE, Public Works Engineering Manager Greg Muhonen, PE, Public Works Director Date: May 12, 2015 RE: Scott Ponds Natural Area Dam Modification: Hazard Classification and Consulting Engineering Services Present Situation: As a result of the 2013 Flood, the east dam in the Scott Ponds system was breached. Damage to the west dam also occurred. A FEMA Project Worksheet was completed on the damage, and FEMA agreed to reimburse the Town for the time and materials expenses to replace the fill material and pipeworks that were removed by the breach. As a result of the breach, the State Dam Inspection Office visited the site multiple times and gave the Town a written mandate to perform maintenance work on the west dam and to have a State-compliant dam in place by November 2015. Preliminary estimates indicate a cost of approximately $1,000,000 to bring the west dam up to current State standards and mitigate the site damage created by the breach. The Town has applied for CDBG-DR funds to complete this work. The State Office of Emergency Management has retained a private consultant to perform an Environmental Assessment of the anticipated repair work on the two dams. This environmental work is scheduled to be complete by the end of July 2015. At that time, the Town anticipates award of a grant that would fund construction and construction management services for the required modification measures at both the east and west dams. Proposal: On April 9, 2015 the Public Works Department advertised a Request for Proposal that focused on the following areas: 1. Provide a Hazard Classification Study that will determine the design parameters for jurisdictional compliance with the State Engineer’s Office standards for dam construction. 2. Develop conceptual designs for modification of the dams to reduce the hazard classification of the dams and reduce the risk of damage to downstream properties and infrastructure. Possible work includes but is not limited to regrading of the east existing dam structure, installation of new outlet works upgrade of the overflow channels (spillways) on the west dam, regrading and revegetation of disturbed areas. 3. Obtain and respond to stakeholder review and comment. Page 1 of 3 4. Finalize design concepts, develop construction drawings and construction specifications to conform to the latest Rules and Regulations for Dam Safety and Dam Construction. Issue the contract for construction services. 5. Oversee and manage the construction of the proposed dam modification work. Four firms responded to the Request for Proposal. The review team included Public Works Engineering Manager Kevin Ash, Town Planner Tina Kurtz and Town Consultant Ginny McFarland rated each of these 4 firms to select the most qualified. Proposals were rated on 10 categories: 1. Responsiveness to Schedule; 2. Project Examples; 3. Qualification of Staff Proposed; 4. Technical Approach; 5. Demonstrated Familiarity with Location; 6. Public Process Experience; 7. Budget Adherence; 8. References; 9. Proposal Presentation; 10. Completeness and Accuracy of Proposal; 11. Fee and Hours. The following chart contains the ratings for each of the firms: Firm Name City Ranking Design Fee CM Fee Tetra Tech Inc. Fort Collins 1 (90) $235,082 $33,387 Cornerstone/Deere Ault Estes Park 2 (80) $204,494 $68,449 Matrix Design Group Denver 3 (75) $191,991 $67,419 Engineering Analytics Fort Collins 4 (65) $80,019 $12,000 Tetra Tech Inc. out of Fort Collins was the highest ranked firm out of the 10 review categories, but also had the highest design fee (review category 11). The #2 ranked firm, Cornerstone/Deere Ault, scored well in all categories but ranked lower than Tetra Tech in Public Process Experience and lacked creativity with their project examples for alternatives to a jurisdictional dam solution. Both Tetra Tech and the Cornerstone/Deere Ault team were identified by the State Engineer’s Office as consultants who they have had a high level of success with jurisdictional dam projects and fully understand the State’s approval process. Cornerstone/Deere Ault demonstrated a solid knowledge of the design issues and has experience working in the Estes community. Their design team provided project experience that included several successful dam restoration projects. They have completed several successful projects in the area. The closeness in quality of the top 2 firms led us to consider the most responsible fee as the determining factor. The Cornerstone/Deere Ault fee of $204,494 for design was most responsible. A total project cost (including a 10% contingency) not to exceed $224,944 has been determined. Once final design is complete, bid documents for construction will be provided by Cornerstone and a complete construction schedule will be delivered. The schedule delivered in the RFP is to have construction underway by September 2015. Advantages: • Contract approval allows design work to commence immediately and provides a construction ready-project that will be in compliance with the mandate of the State Engineer’s Office. • The State OEM office has dedicated a firm to perform the Environmental Assessment of the project area. • A recreational amenity in the community will be on a path to be restored. Disadvantages: • Currently there is no guarantee that the Town will be awarded the CDBG-DR grant. Dedicating $224,944 for a design without having guaranteed construction funding in hand has a risk factor associated with it. Action Recommended by Staff: To advance the Scott Ponds Natural Area Dam Modification Project and meet funding requirement goals of a final project completion date of March 15, 2016, Staff recommends awarding a design services contract to Cornerstone Engineering & Surveying. Budget: This project will be funded from the Larimer County Open Space Fund. Currently there is a $500,000 Capital line item within that fund that does not have a project attached to it. The $224,944 design budget will come out of the Capital line item within that fund. Level of Public Interest Public Interest on this project is expected to be moderate. This project directly impacts property owners surrounding the Scott Ponds Natural Area and has impacts to downstream property owners, infrastructure along Fish Creek, and the nearby community trail system. Sample Motion: I move for approval/denial of a professional services contract for the Scott Ponds Natural Area Dam Modification: Hazard Classification and Consulting Engineering Services for a cost not to exceed $204,494. Attachments: Contract Exhibit A – Town Issued Request For Proposal Exhibit A – Cornerstone and Associates Proposal (Includes Technical Approach, Schedule and Fee) PROFESSIONAL SERVICES CONTRACT This Contract is entered into this 12th day of May, 2015, by and between the Town of Estes Park, Colorado (“Town”) and Cornerstone Engineering and Surveying, Inc.(“Consultant”). Whereas, the parties desire to contract with one another to complete the following project: Scott Ponds Natural Area Dam Modification: Hazard Classification and Consulting Engineering Services Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Services. a. The Consultant shall perform the services set forth in Exhibit A, attached hereto and incorporated herein by reference (“Services”). The Town reserves the right to remove any of the Services from Exhibit A upon written notice to Contractor. In the event of any conflict between this Contract and Exhibit A, the provisions of this Contract shall prevail. b. No material change to the Services, including any additional compensation, shall be effective or paid unless authorized by written amendment to this Contract executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. 2. Price. The Town shall pay the Consultant a sum not to exceed $204,494. The Town shall make payment within thirty days of receipt and approval of monthly invoices, which shall identify the specific Services performed for which payment is requested. 3. Term. This Contract shall be effective from May 12, 2015 through December 31, 2016. This Contract may be extended or renewed by written agreement of the parties. 4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made. 5. Independent Contractor. The parties agree that the Consultant is an independent Contractor and is not an employee of the Town. The Consultant is not entitled to workers’ compensation benefits from the Town and is obligated to pay federal and state income tax on any money earned pursuant to this Contract. Page 1 of 8 6. Insurance Requirements. a. Policies. The Consultant and its subconsultants, if any, shall procure and keep in force during the duration of this Contract the following insurance policies and shall provide the Town with a certificate of insurance evidencing upon execution of this Contract: i. Comprehensive general liability insurance insuring the Consultant and naming the Town as an additional insured with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. ii. Comprehensive automobile liability insurance insuring the Consultant and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by the Consultant which are used in connection with this Contract, whether the motor vehicles are owned, non-owned, or hired, with a combined single limit of at least $1,000,000. iii. Professional liability insurance insuring the Consultant against any professional liability with a limit of at least $1,000,000 per claim and annual aggregate. (Note: this policy shall only be required if the Consultant is an architect, engineer, surveyor, appraiser, physician, attorney, accountant, or other licensed professional.) iv. Workers’ compensation insurance and all other insurance required by any applicable law. (Note: if under Colorado law the Consultant is not required to carry workers’ compensation insurance, the Consultant shall execute a Certificate of Exemption and Waiver, attached hereto as Exhibit B and incorporated herein by reference.) b. Requirements. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. Said policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. The Consultant shall identify whether the type of coverage is “occurrence” or “claims made.” If the type of coverage is “claims made,” which at renewal the Consultant changes to “occurrence,” the Consultant shall carry a six-month tail. Comprehensive general and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. Such policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its Page 2 of 8 officers, employees, and agents by reason of negligence of the Contractor, its officers, employees, agents, subconsultants, or business invitees. Such policies shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 7. Indemnification. The Consultant agrees to indemnify and hold harmless the Town, its officers, employees, and agents from and against all liability, claims, and demands on account of any injury, loss, or damage, including court costs and attorneys’ fees, arising out of or connected with the Services, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the negligent act, omission, or other fault of the Consultant or any subconsultant of the Consultant, or any officer, employee, or agent of the Consultant or any subconsultant, or any other person for whom the Consultant is responsible. The Consultant’s indemnification obligation shall not be construed to extend to any injury, loss, or damage to the extent caused by the act, omission, or other fault of the Town. This paragraph shall survive the termination or expiration of this Contract. 8. Professional Responsibility. a. Consultant hereby warrants that it is qualified to perform the Services, holds all professional licenses required by law to perform the Services, and has all requisite corporate authority to enter into this Contract. b. The Services shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Services shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. c. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions which fall below the standard of professional practice. d. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of its services. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Consultant’s services shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. e. Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder, or affiliate of Consultant shall not have a financial relationship with or an ownership interest in any person and/or entity which entity and/or person shall be the recipient of any contract or work for the services provided by Consultant pursuant to the terms and Page 3 of 8 conditions of this Contract. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant’s services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the Town. f. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the Scope of Services. Upon execution of this Contract, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Contract including, but not limited to, Section 10. 9. Governmental Immunity Act. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 10. Compliance with Applicable Laws. a. Generally. The Consultant shall comply with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town. The Consultant shall solely be responsible for payment of all applicable taxes and for obtaining and keeping in force all applicable permits and approvals. b. C.R.S. Article 17.5, Title 8. The Consultant hereby certifies that, as of the date of this Contract, it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Consultant will participate in the e-verify program or Colorado Department of Labor and Employment (“Department”) program as defined in C.R.S. § 8-17.5-101 in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. The Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. The Consultant certifies that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the e-verify program or the Department program. The Consultant is prohibited from using either the e- verify program or the Department program procedures to undertake pre- employment screening of job applicants while this Contract is being performed. If the Consultant obtains actual knowledge that a subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (i) notify the subconsultant and Town within three days that Consultant has actual knowledge that the subconsultant is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subconsultant if within three days of Page 4 of 8 receiving the notice required pursuant to this subparagraph the subconsultant does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. The Consultant shall comply with any reasonable request by the Department made in the course of an investigation that it is undertaking pursuant to the authority established in C.R.S. Article 17.5, Title 8. If the Consultant violates this paragraph, the Town may terminate this Contract for default in accordance with “Termination,” below. If this Contract is so terminated, the Consultant shall be liable for actual and consequential damages to the Town. (Note: this paragraph shall not apply to contracts: (i) for Services involving the delivery of a specific end product (other than reports that are merely incidental to the performance of said work); or (ii) for information technology services and/or products.) 11. Termination. a. a. Without Cause. Either party may terminate this Contract without cause upon thirty days prior written notice to the other. The Town shall be liable to pay the Consultant for Services performed as of the effective date of termination, but shall not be liable to the Consultant for anticipated profits. b. For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten days of written notice thereof, the non-defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of termination of this Contract pursuant to this Section, the non-defaulting party shall be entitled to recover all damages caused by said default. In the event that Consultant is in default, the Town may withhold payment to the Consultant for the purposes of setoff until such time as the amount of damages is determined. 12. Notices. Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed, or three days after being sent by certified mail, return receipt requested: To the Town: To the Consultant: Kevin Ash, PE Mike Todd, PE Public Works Engineering Manager Principal Town of Estes Park Cornerstone Engineering & Surveying, Inc. 170 MacGregor Avenue 1692 Big Thompson Ave, Suite 200 Estes Park, CO 80517 Estes Park, CO 80517 Email: kash@estes.org Email: mtodd@ces-ccc.com Page 5 of 8 13. Special Provisions. The Contract work shall be completed according to the following schedule unless otherwise modified in writing with a subsequent Amendment to this Contract. Task Description Dates Responsible Party Notice to Proceed May 13, 2015 Town Hazard Classification May 13, 2015-June 3, 2015 CES Conceptual Design May 25, 2015-July 1, 2015 CES NEPA Study May 1, 2015-July 31, 2015 Town Engineering Design 30% Complete June 4, 2015–July 17, 2015 CES & Town Engineering Design 90% Complete July 6, 2015–August 9, 2015 CES & Town Final Construction Plan Approval August 14, 2015 Town Construction Bid Opening September 21, 2015 CES/Town 14. Time of the Essence. Time is of the essence in performance of the Services and is a significant and material term of this Contract. 15. Entire Agreement. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Contract. 16. Assignment. The Consultant shall not assign this Contract without the Town’s prior written consent. 17. Governing Law. This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. 18. Instruments of Service. Drawings, models, specifications, research, reports, studies, data, photographs and other documents, including those in electronic form, prepared by Consultant and its subconsultants in the performance of obligations under this Contract are Instruments of Service for use solely with respect to the project identified in this Contract. Consultant and its subconsultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights; except that, upon execution of this Contract, the Consultant grants to the Town a non-exclusive, perpetual, fully-paid, non-revocable license to reproduce and use the Consultant's Instruments of Service solely in connection with the above-referenced project, including the project's further development by the Town and others retained by the Town for such purposes. The Consultant shall obtain similar licenses from its subconsultants consistent with this Contract. Consultant shall, during the term of this Contract provide the Town with copies of all Instruments of Service prepared by Consultant or its subconsultants contemporaneous with such preparation, and shall provide them in electronic format or any other format requested by the Town. Page 6 of 8 19. Attorney’s Fees and Costs. In the event it becomes necessary for either party to bring any action to enforce any provision of this Contract or to recover any damages from the other party as a result of the breach of this Contract, including, but not limited to, defective work, and the party that prevails in such litigation, the other party shall pay the prevailing party its reasonable attorney’s fees and costs as determined by the court. 20. Electronic Signature. This Contract may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101 et seq. Signed by the parties on the date written above. Town of Estes Park, Colorado By: ____________________________________ Title: ____________________________________ ATTEST: ________________________ Town Clerk Consultant By: ____________________________________ Title: ____________________________________ STATE OF ________________ ) ) ss. COUNTY OF ________________ ) The foregoing instrument was acknowledged before me this ___ day of ___________________, 20 by __________________________________________________. (Insert name of individual signing on behalf of the Consultant) ___________________________ Notary’s official signature S E A L ___________________________ Commission expiration date Page 7 of 8 EXHIBIT A Town Issued Request For Proposal Scott Ponds Natural Area Dam Modification: Hazard Classification & Consulting Engineering Services Submitted Proposal: Cornerstone Engineering & Surveying, Inc. Page 8 of 8 \\\ Request for Proposal (RFP) Scott Ponds Natural Area Dam Modification: Hazard Classification and Consulting Engineering Services Date: April 9, 2015 Prepared by: Town of Estes Park, Department of Public Works Proposals must be received and stamped on or before April 30, 2015 at 3:00 pm at this location: Kevin Ash, P.E., Dept. of Public Works, Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 (970) 577-3586 Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works - April 9, 2015 Table of Contents 1.0 SOLICITATION OVERVIEW........................................................................................................ 1 2.0 SUMMARY OF OPPORTUNITY ................................................................................................. 1 2.1 Purpose .......................................................................................................................................... 1 2.2 Expected Result .............................................................................................................................. 2 2.3 Award ............................................................................................................................................. 2 2.4 Project Background......................................................................................................................... 3 3.0 SCOPE OF SERVICES REQUIRED .............................................................................................. 4 3.1 Scope Refinement by Consultant.................................................................................................... 4 3.2 NEPA Analysis and Compliance Development................................................................................ 5 3.3 Engineering Services....................................................................................................................... 5 3.3.1 Research and Pre-Design Documentation...................................................................................... 5 3.3.2 Reference Documents..................................................................................................................... 7 3.3.3 Data Collection and Presentation and Conceptual Design............................................................. 8 3.3.4 30% Engineering Design Documentation…….................................................................................. 9 3.3.5 Permitting…………………………………………….…….................................................................................. 9 3.3.6 90% Engineering Design Documentation……................................................................................ 10 3.3.7 Final Engineering Design Documentation..................................................................................... 11 3.3.7.1 Final Utility Agreements............................................……………………………………............................. 11 3.3.7.2 Final Plans...................................................................……………………………………………………........... 11 3.3.7.3 Specifications and Cost Estimate.................................................................................................. 12 3.3.7.4 Construction Contract Documents............................................................................................... 12 3.3.7.5 Bid Phase and Construction Administration................................................................................. 12 Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works - April 9, 2015 3.3.8 Supplemental Consultant Guidelines........................................................................................... 12 3.3.9 Technical Support......................................……………………………………............................................. 13 3.3.10 Schedule and Execution......................…………………………………….................................................... 14 4.0 PREPARATION OF PROPOSALS – INSTRUCTIONS TO CONSULTANTS....................................... 15 4.1 Communications While Preparing Proposals................................................................................ 15 4.2 Proposed Project Schedule........................................................................................................... 15 4.3 PROPOSALS ......................................................…………………......................................................... 16 4.3.1 Submittal of Proposals ................................................................................................................. 16 4.3.2 Proposal Contents ....................……………………………………………………………………............................. 17 4.3.2.1 Letter of Transmittal..................……………………………………………………………………….......................... 18 4.3.2.2 Project Team Qualifications…………………………………………………………………………..………………………… 18 4.3.2.3 Technical Approach and Schedule………………………………….……………………………..…………….…….……. 19 4.3.2.4 Rate Schedule and Consultant’s Fees ……………………………………………………………………………………… 20 5.0 PROPOSAL EVALUATION........................................................................................................ 21 5.1 Proposal Evaluation Criteria ......................................................................................................... 21 6.0 CONTRACT, TERMS AND CONDITIONS................................................................................... 23 6.1 Contract Formation......................................................………………………………..…........................... 23 6.2 Solicitation Amendments......................................………………………………….................................... 23 6.3 Incorporation of Documents......................................................................................................... 23 6.4 Right to Cancel..................................................................................…………………......................... 23 6.5 Commencement.....................................................................................…………………................... 23 6.6 Variation from Request for Proposal............................................................................................ 24 6.7 State of Colorado Licenses............................................................................................................ 24 6.8 Insurance...................................................................................................................................... 24 Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works - April 9, 2015 6.9 References and Conflict of Interest Inquiry.................................................................................. 24 6.10 Project Interfacing ........................................................................................................................ 24 6.11 Project Documentation and Deliverables..................................................................................... 25 6.12 Fees and Payment ........................................................................................................................ 26 6.13 Sub-consultants ............................................................................................................................ 26 6.14 Financial Capabilities .................................................................................................................... 26 6.15 Conflicts of Interest....................................................................................................................... 27 6.16 Handling of Information................................................................................................................ 27 EXHIBIT A: Acceptance of Conditions Statement & Attestation of Interests EXHIBIT B: Consultant’s Personnel and Sub-consultant’s Listing EXHIBIT C: Statement Regarding Illegal Aliens EXHIBIT D: Reference Authorization and Release Form EXHIBIT E: NEPA Financial Disclosure Statement EXHIBIT F: Federally Required Clauses – For Design Professionals EXHIBIT G: Federally Required Clauses – For Construction EXHIBIT H: Sample Draft Contract – Town of Estes Park Page 1 of 27 1.0 SOLICITATION OVERVIEW The Town of Estes Park, Colorado (the “Town”) is soliciting proposals for the Scott Ponds Natural Area Dam Modification, envisioned as redesign and reconstruction of at least one dam and the adjacent drainage and natural area. Engineering Services for data collection, hazard classification and design of dam and natural area, and coordination with National Environmental Policy Act (NEPA) documentation (separate entity, AEGIS will perform the documentation) are required, as well as construction administrative services for a fast paced construction project. It is expected that FEMA and CDGB-DR funds will be used for this project. The Town is the lead agency on this project, however, Colorado Division of Homeland Security and Emergency Management and Department of Local Affairs (DOLA) are instrumental partners in this project. Please note immediate commencement of work, completion of construction, and all grant documentation, by March 15, 2016 requirement. 2.0 SUMMARY OF OPPORTUNITY 2.1 Purpose Please note: The project timeline/works schedule is aggressive due to the directive placed on the Town by the Division of Water Resources - State Engineer’s Office – Dam Safety Engineer and grant funding requirements. Inspection reports completed after the dam failure in September 2013 indicate a need for required engineering Action Plan in place for compliance with State dam standards by a deadline of November 2015 and funding source requirements impose a strict requirement to have a complete, constructed project by February 15, 2016. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 2 of 27 The purpose of this solicitation is to establish a contract with a Third Party Contractor/Applicant (“Consultant”) for: A. Assessment of Flood Hazards and development of Hazards Risk Assessment. B. Coordination with required NEPA documentation. C. Consulting Engineering Services for conceptual design, design development and final design of Scott Ponds Natural Area, including Dam as recommended in Hazard Risk Assessment. D. Construction Administration and Grant Documentation requirements. E. Establish a fee table for potential additional services. Provide either a fee for added scope (preferred method) based on foreseeable tasks or an hourly rate with time estimate to provide any potential additional services. 2.2 Expected Result The Town of Estes Park seeks to acquire consultant services and expertise that best meet the Town of Estes Park’s needs and offers best value. 2.3 Award Only one successful applying Consultant will be identified via this procurement and only one Contract will be awarded. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 3 of 27 2.4 Project Background Prior to the 2013 Flood Event in Estes Park, the Scott Ponds Natural Area (SPNA) consisted of a drainage area with wet meadows upstream of two excavated ponds, impounded by two earthen dams. During the September 2013 flood, the east dam was breached due to the flood waters and the west dam suffered significant damage which contributed to downstream Fish Creek corridor property and infrastructure damage. The goal of the Scott Pond dams Modification project is to reduce hazards to downstream properties and infrastructure – while providing a community amenity that supports outdoor recreation, environmental quality and wildlife interaction. It will preserve recreational activities and wildlife habitat, and ponds that have supplied water to fire-fighting efforts in this part of the Estes community. The following statements from John Batka, P.E., Dam Safety Engineer for DWR, from a letter to Frank Lancaster, Town Administrator for Estes Park, dated March 11, 2015, summarize the damage to the two dams: “During the September 2013 flood, the Lower Carriage Hills dam failed and the Upper Carriage Hills Dam was significantly damaged as a result of the overtopping and spillway flow occurring from this rain event. The Upper Dam did survive this flood, but after evaluation, problems were noted that could threaten the safety of the dam during future rain events. Of the deficiencies noted, the most significant is repair of flood related erosion on the downstream slope, modification of the existing outlet structure so the reservoir can be lowered for maintenance and emergency situations, and design of an emergency spillway that complies with current dam safety rules to prevent the damage and the near failure experienced during the 2013 flood from happening again. The Carriage Hills Dams are a significant amenity for the residence of Estes Park but can also pose a risk to the public living downstream if not properly designed and maintained.” Also from Mr. Batka’s letter, “The State Engineer’s Office has been working with the Town and has imposed a deadline of November 2015 for implementation of a plan to address these deficiencies and improve the safety of the dam.” [Note: Upper Carriage Hills Dam is referred to in this document as the West Dam and Lower Carriage Hills Dam is referred to in this document as the East Dam.] The Scott Ponds Natural Area Dam Modification Project supports ideals that are key to Estes Park residents and why they live here: outdoor recreation, environmental quality, wildlife interaction, natural resources. The Scott Ponds Natural Area is known for its environmental benefit to the community. The dams provide a setting that is attractive to many species of wildlife. The opportunity for people to interact with nature in a positive manner is enhanced by a body of water that is created by dams. Beavers, fish, birds, elk and many other wildlife are all very active in the area. The Town of Estes Park is committed to environmental quality and has directed Town Staff to pursue options to keep its property in a condition that is an amenity to the community. Overall, the modification of the Scott Pond dams will contribute greatly to the resiliency of the Fish Creek corridor and the entire Estes Valley area by preparing for the next flood event. The modification of the dams will be a step forward in addressing resiliency to future flood events. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 4 of 27 3.0 SCOPE OF SERVICES REQUIRED This project involves modification of the Scott Pond dams within the Carriage Hills Development in the Town of Estes Park. Modification of the dams will reduce the hazard classification of the dams and reduce the risk of damage to downstream properties and infrastructure. The Consultant will work with the State Engineers Office to develop conceptual designs that will be in compliance with current standards for dam construction. Possible work involved includes but is not limited to regrading of the east existing dam structure, installation of new outlet works upgrade of the overflow channels (spillways) on the west dam, regrading and revegetation of disturbed areas. Preliminary and Final Engineering plans will be developed concurrently with an environmental study (by others. Bid documents for construction will be developed and a contract issued for construction services. Following stakeholder review and comment, final analysis and design will be conducted to respond to comments as directed and finalize design concepts, then develop construction documents to include a construction drawing set and construction specifications. The submittals will be a 30% complete set, 90% review set and then a Final (100%) set. Plans and specifications will conform to the latest Rules and Regulations for Dam Safety and Dam Construction. The project does not include any properties currently located in a floodway or regulatory floodplain. At this time there is no known significant environmental, historic, or cultural feature affected by the project. This will be determined during the environmental assessment completed by others (with support from consultant proposing on this project) at the beginning of the project. Potential additional services are to be outlined with fee for any potential additional documentation. Additional project information is available at www.estes.org/RFP Kick-Off Meeting: The Consultant must conduct a meeting with Town of Estes Park Staff and other Stakeholders to introduce the project team and discuss project goals immediately following issuance of Notice to Proceed. Project Schedule must be maintained. Construction and Grant Documentation of Project must be completed by March 15, 2016, or grant funding is jeopardized and lost. 3.1 Scope Refinement by Consultant 1. Consultant shall review NEPA documentation and project site and resources to be investigated and confirm coordination with NEPA compliance. 2. In addition to NEPA compliance and permitting, Consultant will establish all additional federal, state and local permits required for design and pre-construction of this project. 3. Consultant will submit a final consolidated list of these permits with due dates and order of sequence to the Town of Estes Park for review and approval. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 5 of 27 4. Consultant shall recommend any adjustments necessary for the scope of work outlined in this request for proposal for Town of Estes Park approval. Services required for these adjustments are to be included as part of original proposal. 3.2 NEPA Analysis and Compliance Development Consultant to this proposal will not provide NEPA documentation (additional consultant will be responsible for NEPA documentation), however, Consultant to this proposal will need to coordinate and provide survey, design and other data required for completion of NEPA documentation. NEPA documentation will occur partially concurrently (general work) and partially following (place specific work) Conceptual Design. All portions of the work designed with or constructed with federal funding (all portions of this work) will require NEPA analysis and permitting. No significant environmental impacts are anticipated as a result of this project. It is intended that identified impacts will be offset with implementation of appropriate mitigation measures or best management practices. 3.3 Engineering Services Engineering Services will include research, survey and engineering design through construction documentation work, public process facilitation and presentation to Town Staff and Administration at Town Board meetings. All Design deliverables will be delivered as: Up to Five (5) Hard copy Full sized Sets (24 x 36) – confirm necessity for each submittal Three (3)Hard Copy 11x 17 Sets One (1) electronic PDF Set One (1) Set of Electronic CAD or modeling files for use by Town of Estes Park. 3.3.1 Research and Pre-Design Documentation: For Reference: Scott Ponds Natural Area Dam Modification Project coordinates: 40.34852, -105.52178 (decimal degrees), directly adjacent to and north of the properties between 1120 Lakeshore Drive – 1200 Lakeshore Drive, Estes Park, CO 80517. Information gathering from various Town Departments, including Public Works, Utilities, Community Development and Administrative Services will be required. Some of these documents already collected include previous Scott Ponds Studies which should be considered with input from Town Staff. Consultant will familiarize themselves with and confer with the Town on applicability of information contained in: Town of Estes Park SPNA Restoration Objectives – 2015 Fish Creek Master Plan for Resiliency The Plan outlines resiliency strategies that this project addresses, in particular: (1) Resiliency requires understanding the river and working with river processes; (2) Planning should fully accommodate the complexities of river systems and inter-relationships between roads, homes, and infrastructure; and (3) A broad range of public, private and non-profit stakeholders and widespread outreach and education is Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 6 of 27 necessary to garner public support. In addition, the information garnered from this project will directly align with the following goals of the Plan: Create strategies to reduce the impact of future flooding and geomorphic hazards on the community of Estes Park and its economy. 1. The resiliency idea for the Scott Ponds Natural Area is a return to the beaver dominated riparian corridor that existed prior to dam installations. This is a multiple benefits project with goals to be a: • High quality, connected wildlife habitat corridor, including raptor habitat • High quality recreational corridor with opportunities including hiking, exploring, birding, and fishing (both fishable ponds and riverine fishing) • Natural aesthetic community open space corridor that improves property values • Reduced risk environment 2. The numbers and sizes of pond types (fishable, large beaver, small beaver) will be determined as part of detailed analysis and design phases. Fishable ponds will additionally consider hunting needs of raptor species. 3. All ponds are intended to have freshening flows for fishery health and to reduce areas of stagnant water to reduce the potential for concentrated mosquito populations. Options for freshening flows for in-channel pond or off-channel pond systems will be evaluated as part of detailed analysis and design phases, which will also include permitting considerations. Note that permitting under Section 404 of the Clean Water Act is expected to be more complex for in-channel pond systems. 4. Examples of in-channel pond systems and off-channel pond systems are included in these resiliency ideas, as noted on the maps. 5. The Scott Ponds corridor is understood to have intermittent surface flow and a high groundwater table, factors which will be evaluated as part of detailed analysis and design phases. Given the above negative consequences from the severely below standard dams, it is imperative that it be replaced to increase the resiliency of the Town of Estes Park for future flood events. The general purposes, including the intended outcomes and objectives, of the dams modification project are: 1. Reduce future flood risk in Fish Creek corridor downstream of the Scott Ponds Natural Area. 3. Enable individuals and the community to recover more rapidly from future flood events. 4. Lessen the financial impact of flooding, i.e., reduce the risk of repetitive losses from flooding in the Fish Creek corridor. 5. Protect the safety and well-being of the citizens of the Estes Valley area and visitors. 6. Accomplish flood protection while retaining a recreational riparian area for the community. 7. Increase resiliency of the dams, and thereby the Town, by designing and building it to current State standards. Town of Estes Park Floodplain Management Regulations: The Estes Town Board of Trustees unanimously supported and adopted interim floodplain regulations after the September 2013 flood. Those regulations allow the Floodplain Manager to use best available data for regulatory purposes. The Town is currently regulating to a higher standard than the current Flood Insurance Study. The Scott Pond dams modification will be designed best available data; the same data being used by the State (CDOT and CWCB). Northern Colorado Hazard Mitigation Plan: General flood hazard mitigation goals and action items addressed by each community include, but are not limited to: 1. Review and adjust floodplain areas as necessary. 2. Increase the ability to safely divert storm water. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 7 of 27 3. Increase the ability to contain the flow of rivers and streams within their banks. Estes Valley Watershed Coalition (EVWC), formed as a result of the master planning process, will be a lead partner with the Town for continued engagement, coordination, and education. The following relevant information will be made available from the Dept. of Community Development:  GIS Information (extensive): includes pre-and post-flood imagery, September 2013 high water marks flood data collected by ICON Engineering and Brian Varrella City of Fort Collins Floodplain Manager, FEMA floodplain maps, drainage basins, geo-referenced property damage images, river channel migrations, erosion due to the flood, wildfire hazards, geologic hazards, National Wetland Inventory mapped wetlands, and wildlife habitat (elk, deer, big horn sheep, mountain lions, etc).  Flood Studies: Flood Insurance Study which included hydraulic analysis of Fall River conducted in 1985 after the Lawn Lake Flood; study approved by FEMA. Flood Insurance Rate Maps (FIRMS) updated in 2006. The detailed study for the Town includes BFEs and delineated floodways, making the Town a (d) community in the NFIP.  Flood Documentation: Extensive video taken by Floodplain Manager / Chief Building Official Will Birchfield during and immediately following the flood- September 12 and 13.  Estes Valley Habitat Assessment: Narrative which includes specific detail about and maps which show the locations of: Vegetation communities, sensitive resources- wetlands, riparian vegetation, wildlife habitat- sheep, elk, deer, migratory bird habitat, deer/elk corridors, herbaceous uplands moraines, shrubs and juniper. Created in 2008.  Estes Valley Development Code: Section 7.6 Wetlands and Stream Corridor Protection. Requirements and standards that are which are intended to promote, preserve and enhance the important hydrologic, biological, ecological, aesthetic, recreational and educational functions that stream and river corridors, associated riparian areas and wetlands provide. 3.3.2 Reference Documents Consultant will need to ensure that work is in compliance with: A. Estes Valley Comprehensive Plan B. Estes Valley Development Code C. All other applicable adopted Local, State or Federal Codes and Standards including Federal ADA requirements D. Drainage and Flood Control / Storm Drainage Criteria Manual E. CDOT Roadway Design Guide: Ch. 14: Bicycle and Pedestrian Facilities F. For Design and Construction Documentation including Specifications: State of Colorado, Department of Natural Resources, Division of Water Resources, Office of the State Engineer, Dam Safety Branch, RULES AND REGULATIONS FOR DAM SAFETY AND CONSTRUCTION – 2- CCR 402-1 Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 8 of 27 Where discrepancy or conflict exists between any of these requirements, the more stringent, as interpreted by the Town of Estes Park and associated regulatory agencies, shall apply. 3.3.3 Data Collection and Presentation and Conceptual Design Additional data will be collected as identified in the Fish Creek Master Plan report and/or as determined to be necessary during office- and field-level assessments. The Engineering design will coordinate directly with the State Engineer’s Office to expedite review and revisions to meet current standards. Additional data collection will be integrated into a detailed assessment of current conditions. The additional data collection is expected to include, but not be limited to cross sectional, profile, and topographic survey, geotechnical investigation and analysis, pebble counts, and office-level estimation of limits of jurisdictional waters of the U.S. in the project reach to support required permitting and authorizations. A. Hazard Classification: establishment of data required for Hazard Classification and location and limits of impact, in concurrence with State Engineer Office. The first phase will entail a hazard classification study and detailed engineering analysis and design to address the current unknown impact to downstream properties and infrastructure. A dam breach analysis will be completed to determine what the impacts will be should a large impounded volume of water be released at one time. The resulting downstream impacts will determine the hazard risk classification of the dam (low, medium or high). This classification will factor into the modification measures that are designed into the modification of the dams. B. “Best Response to Hazard Mitigation” Proposal: Assessment of the existing conditions for reasonable build potential will need to be conducted at the outset of conceptual design. Identification of challenging areas to be made prior to conceptual design. A map of identified issues is to be produced and delivered to Town. At least two (conceptual) designs must be proposed, which in Consultant’s opinion, will be within project budget . Only one conceptual design will be selected for design development and final design within the scope of this project. C. Pre-Design Surveys: To the extent necessary to inform and facilitate parts A. and B., above, the Consultant will need to perform project design surveys using conventional field surveying methods encompassing the necessary project area. D. Conceptual Estimate of Cost: Provide Conceptual Cost Estimate for two (2) selected Conceptual Design approaches. Include consideration for the following: Equipment Mobilization and Site Clean up Bank Slope Preparation Rock/Material Placement Site Clean-up and Stabilization E. Provide the Following Design Direction and Documentation: Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 9 of 27 a. Hazard Classification Report b. Hydrology Report c. Geotechnical Report d. Design Report e. Instrumentation Plan f. Right-Of-Way, Easements and Property Ownership Report g. Survey h. Drainage Report (integrated with Dam Hydrology Report) i. Utilities Report j. Traffic Engineering Report k. Landscaping and Irrigation (accommodation only) and/or Re-vegetation l. Recorded Public Comment from Public Presentation 3.3.4 30% Engineering Design Documentation Consultant will need to provide Preliminary 30% Design Plans. Using selected Conceptual Design accepted by Town Staff, develop additional topographic surveys, geotechnical investigations, soil borings, hydrologic analysis, hydraulic analysis, utility locations, utility engineering, material type and quantity estimates, grading plans, geometric alignment, retaining wall design, design exceptions, storm sewer design (plan & profile), demolition and relocation, preliminary traffic control plans, property easement acquisition etc. to confirm and develop dam and natural are Develop submittal for Development Review package for Town of Estes Park Dept. of Community Development approval. A. Title Sheet, Project Data, Plans Index B. Typical Sections and General Notes C. Summary of Approximate Quantities D. Appropriate Individual Quantities Tabulation E. Outline Specifications F. Preliminary Cost Estimate G. ROW Ownership Map H. Preliminary Traffic Control Plan I. Preliminary Right-of-Way and Easement Requirements J. Landscaping and Restoration Plans and Strategies K. Preparation of the preliminary plans for the Public Meeting. L. Resolution of concerns raised during the Public Meeting. M. Preparation and distribution of the minutes from the meeting. N. Revisions to the preliminary plans to reflect comments from the Public Meeting. O. Complete a Noxious Weeds Survey P. Plan for dealing with sensitive environmental issues and protected species Q. Recorded Public Comments from Public Presentation 3.3.5 Permitting Required permits include but are not limited to: Federal Permits: (1) Section 404 of the Clean Water Act Authorization by the U.S. Army Corps of Engineers (USACE); (2) Section 404 to include threatened and endangered (T&E) species under the Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 10 of 27 Endangered Species Act (ESA); (3) Section 404 to include historic and cultural issues under the National Historic Preservation Act (NHPA); (4) Section 404 to include annual monitoring for the typically required five year period; (5) NEPA Categorical Exclusion or Environmental Assessment (support only) Federal Environmental Laws/Executive Orders: (1) EO 11988 – Floodplain Management; (2) EO 11990 – Wetland Protection; (3) EO 12898 – Environmental Justice; (4) EO 13112 – Invasive Species State Permits: (1) Air Pollutant Emission Notice (APEN) for Land Development; (2) Air Quality Conformity Permit; (3) Colorado Discharge Permit System (CDPS) Construction Storm water and/or Dewatering CDPS Storm water Discharge Associated with Construction Activities, including Storm water Management Plan (SWMP); (4) Senate Bill 40 Wildlife Certification Permits Local Permits: (1) Town Right-of-Way Permit; (2)Town Grading Permit; (3) Utilities Agreements. This scope of work additionally assumes that the project will qualify for authorization under Section 404 of the Clean Water Act using Nationwide and/or Regional General Permits (i.e., not require an Individual Permit) and that no threatened and endangered species, historic or cultural issues of note will need to be addressed. 3.3.6 90% Engineering Design Documentation Consultant to provide Plans that will be for the Final Review: A. Designs in compliance with Rules and Regulations for Dam Safety and Construction 2-CCR 402-1 to include but not be limited to Section 5.9: i. Inflow Design Flood Requirements ii. Seismicity Design Requirements iii. Geotechnical Investigation and Foundation Requirements iv. Embankment Dam Design Requirements v. Concrete Dam Design Requirements (if applicable) vi. Reservoir and Water Diversion Requirements vii. River Diversion During Construction Requirements and as applicable after Hazard Assessment, the following: viii. Rule 6. Requirements for Alteration, Modification, or Repair of an Existing Dam ix. Rule 7. Requirements for removing or Breaching and existing Dam B. The 90% Dam and Natural Area Plan Submittal will need to include cross sections and ROW information with the plan and profile sheets. The submittal will need to contain half size sheets (11” x 17”). The Consultant will need to submit hard copy sheets sets per Town requirements (up to 5) in addition to those needed for the utility companies. C. Preparation of a final opinion of probable cost including item numbers, descriptions, units and quantities. D. Preparation of finalized project technical specifications. The project technical specifications will need to be prepared using Office of State Engineer format and incorporate all project technical specifications, and special provisions. E. Completion of the finalized tabulated quantities. F. Finalized Cost Estimate for final design. G. Prepare supplemental cross sections as required for special features such as driveways, intersections and critical locations where necessary. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 11 of 27 H. Completion of any finalized special details needed. I. Confirmation of ownership property line information on plan sheets. J. The 90% Drainage plan submittal will need to include General Notes and Project Special Provisions. K. The 90% Natural Area and Drainage plans will need to indicate existing utilities and proposed utility relocations. L. Final Drainage Report and finalized Storm Water Management Plan. M. The Consultant will need to send plans to utility companies and other review agencies fifteen (15) days prior to design review meetings along with a notice of the 90% Design Review meeting date and location. N. Attendance and discussion of additions or revisions to the plans and special provisions including decisions made during previous Design Review Meetings. O. Distribution of minutes to participants within five (5) working days of the meeting. P. The Consultant will need to make necessary corrections to the plans and special provisions following the 90% Design Review Meeting. 3.3.7 Final Engineering Design Documentation 3.3.7.1 Final Utility Agreements: Utility relocation or adjustment plans will need to be finalized and utility agreements prepared. Consultant will need to prepare a Utility Clearance letter. 3.3.7.2 Final Plans: The Dam and Natural Area plans will need to be prepared in standard plan formats. Specifications for the project will be based on the latest version of final plans will need to include all required documentation by State, Local and other jurisdictional entities, and not be limited to this partial list of required documents: A. Title Sheet, Project Data, Plans Index B. Standard Plans List C. Typical Sections and General Notes D. Summary of Approximate Quantities E. Approximate Individual Quantities Tabulation Sheet F. Erosion Control Plan G. Survey Control H. Plan and Profile (at 1”=20’) I. Signage Plans J. Landscape/Irrigation Plans K. Storm Water Management Plan L. Miscellaneous Construction Details M. Right-of-way Sheets N. Traffic Control Plan O. Ground Cover and Erosion Control P. Landscape and Irrigation Restoration Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 12 of 27 3.3.7.3 Specifications and Cost Estimate: Final Specifications will need to be prepared by the Consultant in CSI format and must incorporate Town of Estes Park requirements. A final cost estimate will also need to be included in the final submittal. 3.3.7.4 Construction Contract Documents: The Consultant will need to prepare the Construction Contract Documents to include all necessary forms required of the Contractor at the time of bidding. Two original copies will need to be delivered to the Town of Estes Park. 3.3.7.5 Bid Phase and Construction Administration Contractor to Provide Full Construction Administration Support A. Bid Documents in Compliance with Federal Specifications B. Bid Package and RFP Process C. OEM Meeting coordination and Approving Agency Coordination D. Information provision for permitting requirements for E. Preparation of construction bid F. Contractor prequalification, ranking, and selection processes G. Development of an engineer’s opinion of probable cost H. Design clarification I. Site visits J. Review of shop drawings K. Final inspection L. Close out M. Record drawings N. Final hazard classification of the of the dams O. Construction bid and implementation phases 3.3.8 Supplemental Consultant Guidelines: A. Preliminary and Final Design for this project will be reviewed by Town Staff which includes the Public Works Director and Public Works Civil Engineer, Dept. of Community Development Staff and other Stakeholders. B. Design will use standards from the Town of Estes Park, Larimer County and Office of the State Engineer. C. The plan documents will consist of, but not be limited to, the following formats: layout and cover sheet, plan views, profile views, cross sections, profiles, details, sketches, traffic control plan, general and detailed construction notes, specifications, special conditions, construction explanation notes and details. Plans and specifications should be suitable for bidding and construction. D. The Consultant shall submit all calculations necessary for BMPs (best management practices), plan quantities, and other work related to producing the design documents. E. The Consultant will meet with related Agencies as needed to review design, acquire construction easements, develop BMP’s, and all storm water, and run-off factors and satisfy regulatory issues. F. The Consultant shall generate all clearances and clearance letters including but not limited to: rights-of-way, utilities, materials, environmental, archeology, hydraulics, floodplain, etc. G. The Consultant shall acquire state & local floodplain permits. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 13 of 27 H. The Consultant shall identify required easements and negotiate/acquire required easements with the assistance of Town Staff. I. The Consultant shall coordinate with all utilities within and along the project and develop a ‘utility clearance’. This includes but is not limited to: Town of Estes Park Water, Town of Estes Park Light & Power, Xcel Energy gas, Baja Cable, Platte River Power Authority fiber, CenturyLink phone, Estes Park Sanitation District and Upper Thompson Sanitation District. J. The Consultant shall plan a minimum of 6 engineering design meetings with Town Staff. It will be the consultant’s responsibility to coordinate and meet with each Town Department, supply the requested documentation and obtain their approval. K. The Consultant shall be responsible for all activities related to acquisition of all Permanent and Temporary Construction Easements. This will include research, property owner coordination and development of easement documents and exhibits. Once the documentation is delivered, the Town will formally record final easements. This work shall be inclusive and concurrent with the design process. 3.3.9 Technical Support Public outreach for this project will be a continuance of the extensive outreach conducted during Fish Creek Corridor Plan for Resiliency (aka Master Plan) development, finalized in early 2015. Through ongoing education and outreach. This plan identified the need to rehabilitate the Scott Pond dams. As part of this planning process specific to Scott Ponds Natural Area, Town staff engaged in public discussions with stakeholders about the need for dam removal and modification. Given the severe damage caused by the 2013 flood to downstream properties and infrastructure, residents understand the need to increase resiliency. Consultant will be required throughout the project to provide to the Town Public Information Officer updates for the Town website which will include a brief description of the project; contact information; public meeting schedules; and a progress schedule. In addition, consultant will hold standard public meetings, stakeholder meetings, including public open houses, targeted interviews with agencies and owners as indicated below and as needed: 1. Establish and host a joint public website to provide information, post comments during the scoping and public comment periods, and identify milestones. 2. Arrange facilities and logistics and document up to four public meetings. A. Project kickoff Meeting to discuss goals and objectives for the project B. Concept Design Presentation Meeting C. Draft Construction Documents Presentation Meeting D. Construction Phase kickoff Meeting 3. Consultant will be responsible for all copying, document preparation, and document mailing. 4. Provide technical support in public meetings, as required, throughout the NEPA approval process, including Meeting notes, documentation of public presentation and public comments. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 14 of 27 5. Provide and implement a Public Participation Plan, and public outreach proposal, to facilitate the public review of status, meetings, studies, and other pertinent information throughout the conceptual, NEPA and Engineering design process. 6. The Consultant shall work in collaboration with Town Staff to contact all adjacent property owners who will be impacted by the proposed improvements. The Consultant will work with the Town Public Information Officer to inform the public of meetings, concepts, progress and schedules. 3.3.9 Schedule and Execution The Consultant must be prepared to start work immediately upon Notice to Proceed. Consultant must hold Kick-Off Meeting within one week of Award of Contract / Notice to Proceed. Timely completion of contract work is essential for grant compliance. See Proposed Schedule in next section; provide a schedule as requested in proposal materials. Divergence from proposed schedule is not feasible within the grant compliant structure. Grant funds for entire project, design and construction, will be lost if construction and final grant documentation is not completed as scheduled. Progress payments for design will not be made if schedule is not on track. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 15 of 27 4.0 PREPARATION OF PROPOSALS – INSTRUCTIONS TO CONSULTANTS 4.1 Communications While Preparing Proposals To facilitate questions that may arise in preparing the proposals, the Town of Estes Park will be responding to questions provided in addendum format. All communications regarding this RFP, including technical questions, requests for RFP clarifications shall be directed to: Kevin Ash, P.E. Dept. of Public Works Town of Estes Park PO Box 1200 170 MacGregor Avenue Estes Park, CO 80517 (970) 577-3586 kash@estes.org All questions shall be submitted in writing to the contact above, by the deadline listed in 4.2 Proposed Procurement Schedule. The Town of Estes Park has no obligation to accept further inquiries after this deadline. The Town of Estes Park will be bound only to the Town of Estes Park’ written answers to questions, as issued through the addendum process. Following the deadline for submittal of the questions, an addendum containing the questions and answers will be distributed to all known recipients of the RFP document. Any addenda issued will also be posted as a downloadable document on the Town of Estes Park website by the deadline listed in 4.2 Proposed Procurement Schedule. To be considered, all applicants will be required to sign the Addendum form and submit it with their response. All addenda will become part of the RFP and of any contract awarded. The Town of Estes Park will not be responsible for the accuracy of any other oral explanations, interpretations and/or representations. Access to addenda will be provided at Town of Estes Park website: www.estes.org/RFP 4.2 Proposed Project Schedule The dates listed below represent the estimated project schedule. The Town of Estes Park reserves the right to change the schedule. Issued RFP available: April 9, 2015 Submittal of Questions Close Date: April 23, 2015, 5pm Issuance of any Addenda: April 24, 2015. 5pm Proposals Due: April 30, 2015, 3pm Consultant Selected by Town: May 5, 2015 Memo to Town Board: May 7, 2015 Town Board Approval of Contract: May 12, 2015 Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 16 of 27 Notice to Proceed Issued: May 13, 2015 Hazard Study Recommendations June 5, 2015 Public Meeting TBD NEPA Doc. / Conceptual Design Complete July 1, 2015 Engineering Design 30% complete July 3, 2015 Public Meeting TBD Engineering Design 90% complete August 1, 2015 Public Meeting TBD Submittal of Final Construction Documents: August 14, 2015 Construction Bid Opening: September 4, 2015 Public Meeting TBD Construction Start: October 7, 2015 Construction Complete / Final Accept: January 21, 2016 Deadline for Complete Grant Documentation: March 15, 2016 4.3 PROPOSALS 4.3.1 Submittal of Proposals 1. All Proposing firms shall comply with all conditions, requirements, and specifications, especially including schedule, contained herein, with any departure constituting sufficient cause for rejection of the Proposal. 2. All proposals shall be submitted no later than 3:00 pm MST, April 30, 2015. 3. Proposals shall be addressed to: Town of Estes Park, Department of Public Works, Room 100 Attn: Kevin Ash, P.E. PO Box 1200 170 MacGregor Avenue Estes Park, CO 80517 4. Each proposal package shall include an original and four (4) hard copies and one (1) electronic copy on computer readable disk. Fee Schedule shall be in separate sealed envelope (and not included in electronic copy) with Consultant Name and Project Identification labeled. Proposal packages shall be submitted in a sealed package marked on the outside: a. Name of Consultant b. Subject: Proposal for Professional Services – Scott Ponds Natural Area Dam Modification 5. Proposals shall not exceed 100 pages, including drawings and charts. Tabs and covers are not counted toward the page limit. 11”x17” sheets count as one page. The Rate Schedule of Consultant’s fees submitted in a separate sealed envelope does not count toward the page limit. 6. It is the submitter's responsibility to deliver the document to the proper address by the due date. Late submittals will not be accepted. Submittals transmitted directly to Town of Estes Park Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 17 of 27 electronically or by fax will not be considered. Town of Estes Park accepts no responsibility for lost or misdirected submittals. 7. Proposals may not be modified or withdrawn after 3:00 pm MST, April 30, 2015. 8. To be considered, the consultant must supply all the information requested, in printed form as requested by this document. The response must be signed by an individual who is authorized to commit the Consultant to a binding agreement. 9. All materials submitted in response to this RFP become the property of the Town of Estes Park, and will not be returned. 10. Proprietary information on any proposal must be clearly marked as such. The Town of Estes Park shall be held harmless from any claims arising from release of proprietary information not clearly designated as such by the proposing firm. 11. No proposal will be accepted from any person, firm of corporation that is in arrears for any obligation to the Town of Estes Park, or that otherwise may be deemed irresponsible or unresponsive by the Town of Estes Park of the Board of Trustees. 12. Only one proposal will be accepted from any person firm or corporation. 13. All prices quoted must be firm for a period of ninety (90) calendar days from the proposal submittal date and until the work is completed on the project. 14. The Town of Estes Park reserves the right to reject any and all proposals or any part thereof. The right is reserved to waive any formalities or informalities contained in any Proposal, and to award the Proposal to the most responsive and responsible proposing firm as deemed in the best interest of the Town of Estes Park. 15. The Town of Estes Park will not reimburse consultants for any costs incurred prior to or during the preparation of proposals, including travel to and attendance at interviews, negotiation of agreements, or any other activities that a prospective consultant may engage in. 4.3.2 Proposal Contents Your proposal must include the following content: 1. Letter of Transmittal 2. Project Team Qualifications 3. Past Project Portfolio 4. Statement of Familiarity of Location 5. Technical Approach and Proposed Project Schedule (if different from this RFP Proposed Schedule, provide brief explanation for adjustments) 6. Statement of Compliance with Terms and Conditions of this RFP and Signed Pre-Contract Documentation (See Exhibits) 7. Rate Schedule of the Consultant’s Fees (submitted in a separate sealed envelope) Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 18 of 27 4.3.2.1 Letter of Transmittal Provide a letter of transmittal that is limited to: 1. The name of the individual who will serve as the Consultant’s representative and have contracting authority, and who will sign the proposal; 2. The name of the individual who will serve as the primary contact person for the Consultant’s work 3. A description of the corporate ownership of the Consultant or the prime consultant in the case of a proposing team. 4.3.2.2 Project Team Qualifications A. The Project Team must demonstrate expertise and experience in the following: 1. Specific experience coordinating NEPA documentation including Categorical Exclusion and Environmental Assessment documents for natural areas and /or dams in the State of Colorado. 2. Engineering technical experience with complex hydrologic environments, especially including dams and dam repair work. 3. Familiarity with environmental issues related to construction and operation of natural area facilities. 5. Engineering design natural areas and multi –use recreation facilities: Provide a Project Portfolio of projects most similar to the Scott Ponds Dam and Natural Area. Each project should identify 1) Consultant’s performance in professional fee adherence, 2) construction budgeting accuracy, and 3) public process experience. B. The Project Team’s qualifications are to be demonstrated by providing the following information: 1. Submit an organizational chart identifying the proposed Project Team’s key personnel and subcontractors, including measures to assure the consistency and retention of key personnel of the Project Team. The key personnel in the Project Team as specified in item 3 below shall remain the Project Team throughout the contract term unless the Town of Estes Park consents to a personnel change. 2. A summary of your firm’s business operations and capabilities as they pertain to the proposed project of not more than three (3) pages in length. If the proposed Project Team includes subcontractors, a summary of not more than one (1) page in length may be provided for each subcontractor. Inclusion of any other descriptions of a firm’s overall business, or promotional material is not encouraged and will not receive review. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 19 of 27 3. Provide a personnel table identifying key personnel and proposed subcontractors and identify the key personnel and proposed subcontractors expertise as related to this project’s requirements. 4. For the Project Team’s key personnel, include resume and, at a minimum, the following information for each individual: a. Name/firm; b. Project team assignment and responsibilities; c. Availability during contract term; d. Summary of expertise/experience with respect to the qualifications requirements listed above; e. Education and relevant registrations; f. Years of professional experience; g. Experience with preparation of NEPA documentation including their role in the preparation; h. Experience with Dam and Natural Wetlands Design Engineering, including their role in the preparation; Each resume for key personnel not to exceed two (2) pages. 5. For the proposed Project Manager, key personnel, and subcontractors, provide a list of at least five (5) relevant projects, up to one page each. For each project provide a summary of the project including the individual’s role, the date the project was completed, and a current reference that may be contacted. The Project Manager, key personnel, and subcontractors shall only list projects which their company performed at least 50% of the work. The list and summary of projects shall be no more than ten (10) pages. 4.3.2.3 Technical Approach and Schedule To demonstrate your understanding of the process and technical analysis required to coordinate NEPA documentation, engineering feasibility studies, conceptual design engineering, and public process integration the proposal must include: 1. SCHEDULE: Prepare and submit a schedule integrating the coordination of NEPA Documentation, Hazard Classification Study and other data related to dam design with Conceptual Design Engineering. This schedule must include a work breakdown structure that incorporates at a minimum the major tasks required. Please Include: a. Public Process Integration b. Collaboration with Corp of Engineers and State Office of Engineering c. Permitting and Agency Approval d. Construction Schedule e. Material Aquisition 2. Describe consultant’s standards and procedures for project schedule management and communications. 3. Describe the technical approach you expect to take in integrating conceptual engineering design with the findings of the hazard classification and environmental documentation. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 20 of 27 4. Describe consultant’s standards and procedures for project quality control and quality assurance. 5. Describe consultant’s standards and procedures for project budget management. 6. Please describe experience with grant funded project documentation and record keeping. Describe standards and procedures for project management with particular emphasis on local government administered, federal grant funded projects. 4.3.2.4 Rate Schedule of the Consultant’s Fees The Town of Estes Park plans to contract for services rendered based on Town of Estes Park’s contracting process. Please provide a rate schedule of the consultant’s fees including any known sub- consultants for use in negotiating contracts. Rate schedules are to be submitted in a separate sealed envelope with five (5) hard copies and one (1) electronic copy. A. Hazard Classification Study B. Consulting Engineering Services for Conceptual Design of Scott Ponds Dam Natural Area Restoration C. Consulting Engineering Services for 30% Development of Scott Ponds Dam Natural Area Restoration D. Consulting Engineering Services for 90% Development of Scott Ponds Dam Natural Area Restoration E. Consulting Engineering Services for Final Design of Scott Ponds Dam Natural Area Restoration F. Additional services: Provide either a fee for added scope (preferred method) based on foreseeable tasks (e.g., observed geotechnical obstructions) or an hourly rate with time estimate to provide these services: 1. Additional consulting services to comply with NEPA requirements 2. Additional conceptual designs 3. Additional data collection for alternative designs Fees must be presented in outline as given above. More detailed task specific cost estimates will be reviewed at the time of contracting for services. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 21 of 27 5.0 PROPOSAL EVALUATION The Town of Estes Park intends to select a Consultant who is fully qualified and who can provide satisfactory service. The Town of Estes Park will be the sole judge of whether or not a consultant is considered to be fully qualified for purpose of this RFP. The firm selected for the award will be chosen on the basis of the apparent greatest benefit to the Town of Estes Park and the qualifications of the proposing firm(s). Proposals will be evaluated by a project committee assigned by the Estes Park Town Administrator or his designee. The Town of Estes Park Mayor and Board of Trustees shall make final determination of the firm selected. Evaluation and procurement of these services will be in accordance with the Federal Granting agency’s procurement guidelines. The Town may use qualifications based competitive proposal procedures (Brooks Act) as defined in 40 USC 1101-0014 and 49 USC 5325 (b)(1) as required. Proposals shall be evaluated on the basis of Evaluation Criteria noted herein, and possibly by fee proposal if allowed by funding authorities. 1. The Town of Estes Park will determine if the proposals are complete and meet the requirements as described in this RFP. 2. The Town of Estes Park will review the proposals to determine which consultants are most qualified to meet the requirements as described in this RFP. The Town of Estes Park will rank the consultants based on the qualifications in the proposals. 3. The committee will make a selection on the basis of proposals received, or may choose to “short-list” Applicants with highest ranking, most qualified, and complete proposals, who will be contacted and requested to phone interview. Interviews are anticipated to be scheduled within one (1) day of the date that proposals are due. 4. If and after interviews are conducted, the Town of Estes Park will identify a list of the best qualified consultants. The Town of Estes Park will determine if the consultants are qualified to coordinate required documentation to meet NEPA requirements and provide Engineering Services requested. 5. The Town of Estes Park will negotiate and finalize a contract with the selected Consultant. 6. Upon award of the contract, the Consultant will be required to sign a Communication Protocol prepared by the Town regarding communication between the Consultant, and the Town of Estes Park. 5.1 PROPOSAL EVALUATION CRITERIA – Each submitted proposal will be evaluated on the criteria below, each item receiving up to ten (10) points for each of first ten areas, for a total score of 100 points possible. If interviews are conducted, the interviewed firms will be reassigned post interview point totals which will be used for final ranking of firms: 1. Responsiveness to the Schedule - Time to complete the Project, and in adherence to Project Schedule. (Note that inability to start and provide first invoice by indicated date will disqualify Consultant.) 2. Project Examples - Responsive designs to natural wetlands areas, with creative solutions to exceptional geophysical challenges demonstrating critical problem solving skills. Examples with Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 22 of 27 successful final landscaping completion will show collaborative design thought necessary to the successful outcome of this project. 3. Project Team Qualifications – Consultant and Project Team’s qualifications will be evaluated primarily with reference to the expertise and experience of personnel that are assigned and committed to the project. You will also be evaluated for effectiveness of approach and utilization of good management practices. 4. Technical Approach – Your response to the questions listed in the technical approach section will be evaluated to determine your understanding of the technical issues that need to be addressed, your evaluation of the information available on the project, website and literature resources that you have knowledge of, and your ability to meet project milestones. 5. Demonstrated Familiarity with Location – Firms demonstrated understanding of the region and unique qualities that will impact best working method, design approach and features. 6. Public Process Experience -Demonstrate past planning and public involvement expertise where design of this type or other designs were publicly presented and prioritized with local government needs and approved through a local planning approval process. 7. Budget Adherence - Ability to perform work within negotiated fee schedules; Ability to create accurate Cost Estimates for Construction. 8. References - Provide (3) three references from past clients of similar projects and statements from the same clients explaining their experience with the proposing firm. 9. Proposal Presentation – Your proposal will be evaluated as an example of your document preparation capability. It should represent the clarity, conciseness, and editorial precision that you would use to prepare the deliverables required in the Scope of Work. 10. Completeness and Accuracy of Proposal -Ability to observe the proposal instructions. The completeness checklist will be used to evaluate compliance. Incomplete proposals or failure to provide the information required by the RFP will result in the proposal not being considered. 11. [If allowed by funding sources] Fee proposed. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 23 of 27 6.0 CONTRACT, TERMS AND CONDITIONS Submitting Consultants attest that they are competent in conducting this study and assure that their proposal is complete and will result in successful execution of work to achieve approvals necessary to build this project. 6.1 Contract Formation A Proposal submitted in response to the Solicitation is an offer to contract with the Town of Estes Park. A Proposal becomes a Contract only when legally awarded and accepted in writing by the Town of Estes Park. 6.2 Solicitation Amendments Prior to submittal due date and time, the Town of Estes Park reserves the right to change portions of this RFP. Any changes or corrections will be by one or more written amendment(s), dated, attached to, or incorporated in, and made a part of this solicitation document. All changes must be authorized and issued in writing by the Town of Estes Park. If there is any conflict between amendments, or between an amendment and the RFP, whichever document was issued last in time shall be controlling. It shall be the responsibility of the proposing firm to verify that every addendum has been received prior to submitting proposals and to acknowledge the addenda in Exhibit entitles “Acceptance of Conditions Statement.” 6.3 Incorporation of Documents This Solicitation document, any subsequent Amendments and the Applicant’s Response will be incorporated into the resulting Contract. 6.4 Right to Cancel The Town of Estes Park reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability. The Town reserves the right to reject any and all proposals or any part thereof. The right is reserved to waive any formalities or informalities contained in any proposal, and to award the proposal to the most responsive proposing firm as deemed in the best interest of the Town. 6.5 Commencement The selected Consultant shall be expected to enter into the contract agreement with the Town of Estes Park shortly after acceptance. The Consultant shall commence work on the project after receipt of a Notice to Proceed from the Town of Estes Park. The Consultant will hold a Project Kickoff meeting with the Town of Estes Park Staff within one week of Notice to Proceed. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 24 of 27 6.6 Variation from Request for Proposal The Town reserves the right to negotiate final terms with the selected proposer that may vary from those contained in this document. 6.7 State of Colorado Licenses The Consultant shall be licensed to do business in the State of Colorado or provide a commitment that it will become licensed in Colorado within thirty (30) calendar days of being selected Consultant. 6.8 Insurance (Certificates not required at time of proposal) The Consultant shall provide proof of insurance of the type and amount as required by the Town of Estes Park, the State of Colorado and the Federal Agencies, including without limitation General Commercial Liability, Workers Compensation, and Professional Liability. Refer to Sample Contract attached as an Exhibit to this proposal for Insurance requirements. Certificates must be approved by Town Staff prior to issuance of Contract. 6.9 References and Conflict of Interest Inquiry The Town reserves the right to request a client list from the Proposer, for the purpose of determining potential conflicts of interest or for obtaining references. Such lists shall be considered proprietary. 6.10 Project Interfacing 1. Upon contract award, the Town of Estes Park will become the exclusive direct project interface with the Consultant. Other than direct contact on administrative matters, Consultant will have no direct contact with other agency personnel without approval of the Town of Estes Park’s representatives. The Town of Estes Park’s points of contact (POC) person for this project is: For the Town of Estes Park: Kevin Ash, P. E. Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 (970) 577-3586 kash@estes.org 2. All information that the Consultant may require will be coordinated through the Town of Estes Park. 3. Following award of the Contract, the Town of Estes Park will provide a Communications Protocol to the selected Consultant. This document will establish roles and responsibilities and identify project communications protocols with the Consultant, the Town of Estes Park, and other Agencies. The Communication Protocol will include, but is not limited to, the following: Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 25 of 27 a. Procedures for scheduling and facilitating status updates and meetings. b. Consultant will submit a monthly Project Status Report to the Town of Estes Park, in an agreed upon format. Reports shall commence within four weeks after award and continue through the end of the project. c. The consultant shall not release project-related documents to anyone other than the Town of Estes Park who will determine its ultimate release. 6.11 Project Documentation and Deliverables The Consultant shall be responsible for preparing documents, reports, drawings, calculations, tables, and technical specifications that are consistent with and reflect the requirements of the Town of Estes Park, as applicable. Delivery of all project documentation from the Consultant shall be made to the Town of Estes Park through the Town of Estes Park’s POC. 1. Consultant attests that they are capable and willing to provide all documentation required for grant reimbursement, are aware of the scope of this task, and will work diligently with Town of Estes Park Staff to regularly provided data for grant compliance submission requirements. 2. Consultant shall obtain background documents and documentation of previous studies from the Town of Estes Park to the maximum extent possible. 3. Any pre-existing site-specific information such as survey information, property maps, technical drawings, etc. shall be provided by the Town of Estes Park. 4. Consultant shall document all telephone communications regarding the project. 5. The Consultant shall bi-weekly update the project website with information to be responsive to changing conditions, tracking progress and milestones. 6. The Project Schedule shall be updated showing progress versus approved schedule and submitted as part of each Project Status Report. Deviation from project schedule shall require immediate personnel and schedule adjustment to re-track the project for timely completion. 7. Consultant shall develop a record management system, maintain documents, and be able to provide records and access to the Town of Estes Park for public disclosure or Freedom of Information Act (FOIA) requests or litigation. The Consultant shall not release project related documents to anyone other than the Town of Estes Park who will determine its ultimate release. 8. All information related to the NEPA documentation and Design Engineering process will be provided to the Town of Estes Park upon completion of the contract, including an inventory of all documents, phone, email and other records for the administrative record. This includes access to all information that supports the findings, conclusions and recommendations of the Consultant’s reports, including computer models, in CAD or Revit and methodology for those models. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 26 of 27 6.12 Fees and Payment It is anticipated the contract will be awarded as time and material with a not-to-exceed value based on separate phases. Payments shall not exceed the Total Contracted Value, for which the Town will generate a Purchase Order, or the total value by phase. Invoicing shall not exceed Contract amount without a previously approved Change Order. Billing and payment cycles are as printed on the Annual Vendor Payment Schedule (available from the Finance Department) generated by the Town’s Finance Department. Public Works will approve invoices on a monthly basis. The amount of such payment shall be based on certified progress reports and billing covering the work performed and percentage complete. Once invoice is approved by Public Works, the Finance Department will process according to the Vendor Payment Schedule. Subcontracting or specialty engineers shall be line item detailed, and an estimated value identified and approved prior to any work. Additional Services will be proposed by the consultant, negotiated and agreed to in writing prior to performance and payment for such services. Payments to the Consultant will not exceed 95% until the project is completed and accepted by the Town. The agreement will be effective through end date of this project. (or until all documentation is approved). 6.13 Sub-consultants Consultant shall indicate in the proposal any work intended to be performed by subcontractors or persons outside their firm. The consultant shall name the subcontractors, if know at the time of the proposal. With the written permission of the Town of Estes Park, the Consultant may hire sub-contractors not identified in the proposal to complete portions of the analysis or engineering if the Consultant lacks sufficient in-house expertise or capacity to complete those portions. Subcontractors shall be bound to meet the same quality standards and schedules and provide the same level of documentation as prime consultant. 6.14 Financial Capabilities The successful proposer must be financially capable and solvent in fulfilling the requirements of the proposed contract. Request for Proposal – Scott Ponds Natural Area Dam Modification - Consulting Engineering Services Town of Estes Park, Department of Public Works – April 9, 2015 Page 27 of 27 6.15 Conflicts of Interest Conflict of interest means that because of other activities or relationships, a person or entity is unable or potentially unable to render impartial assistance or advice to the Town of Estes Park, is or might be otherwise impaired in its objectivity in performing the contract work, or has an unfair competitive advantage. Consultant and sub-consultants must disclose any current or expected future contractual relationships which may pose a conflict of interest with this project. Disclosure shall include date and duration of contract, the nature of the service provided, and a plan for managing potential conflicts of interest. If no current or expected future relationships during the expected term of this contract are expected, an affirmative statement from each individual employed by either the Consultant or any sub- consultants working in response to this RFP stating such shall be included. The Consultant Project Team must be an independent third party during preparation of NEPA related documentation. CEQ regulations at 40 CFR 1506.5 require a Consultant who will participate in NEPA documentation to execute a disclosure statement specifying that the Consultant has no financial or other special interest in the project under evaluation. An executed disclosure statement, in the form set forth in attached Exhibits, shall be submitted with the proposal. 6.16 Handling of Information The Consultant shall not disclose any information concerning the Town of Estes Park or the project, or information that may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the relevant Agency, or as may be required by law. EXHIBIT A TOWN OF ESTES PARK ACCEPTANCE OF CONDITIONS STATEMENT & ATTESTATION OF INTERESTS Project under consideration: ___________________________________________________________________________ Proposing Firm: _____________________________________________________________ Address: ___________________________________________________________________ Telephone Number: __________________________________________________________ I/we hereby agree to all instructions, terms and conditions, and specifications contained herein: ___________________________________________________________________________ Printed Name, Title Signature Date I acknowledge receipt of the following Addenda: ___________________________________ ___________________________________________________________________________ Printed Name, Title Signature Date No employee, elected or appointed official of the Town of Estes Park, or any such person’s spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or personal interest in the proposing firm of this Request for Proposal, except as follows: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Printed Name, Title Signature Date Attest: _____________________________________________________________________ My Commission Expires: _______________________________________________________ EXHIBIT B TOWN OF ESTES PARK CONSULTANT’S PERSONNEL AND SUBCONSULTANT’S LISTING Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ Role: ______________________________________________________________ Name: ______________________________ Firm: ________________________ ___________________________________________________________________________ Printed Name, Title Signature Date EXHIBIT C TOWN OF ESTES PARK STATEMENT REGARDING ILLEGAL ALIENS: The Contractor certifies that the Contractor shall comply with the provision of CRS 8 -17.5-101, et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it: (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and the Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8 -17.5-102(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5- 101, et seq., the Town may terminate this contract for breach of contract, and the Contractor shall be liable for actual and consequential damages to the Town. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall: (a) Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-paragraph (a.) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. ___________________________________________________________________________ Printed Name, Title Signature Date EXHIBIT D TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM To: Town of Estes Park By (Proposer): ___________________________________________________________________________ Firm Name Select: A Partnership / A Corporation / An Individual ___________________________________________________________________________ Firm Address Proposer hereby authorizes Owner to perform such investigation of Proposer as Owner deems necessary to establish the qualifications, responsibility and financial ability of Proposer. By its signature hereon, proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and Owner from any and all liability to Proposer as a result of any such reference information provided. Proposer further waives any right to receive copies of reference information provided to Owner. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. ___________________________________________________________________________ Printed Name, Title Signature Date EXHIBIT E TOWN OF ESTES PARK NEPA Financial Disclosure Statement Project under consideration: For Coordination of the NEPA documentation for the Scott Ponds Dam and Natural Area ___________________________________________________________________________ Proposing Firm: _____________________________________________________________ Address: ___________________________________________________________________ Telephone Number: __________________________________________________________ The Federal Transit Administration determined that a National Environment Policy Act (“NEPA”) Categorical Exclusion (CE) is needed to evaluate the impacts for the above project. Pursuant to the Council of Environmental Quality regulations at 40 CFR 1506.5, a CE may be prepared by a third party who has been selected by the lead Federal Agency and has executed a disclosure statement specifying that the consultant does not have financial or other interest in the outcome of the project. “Financial or other interest” is interpreted broadly to cover any known benefits other than general enhancement of professional reputation. This includes any financial benefit such as a promise of future construction or design work on the project, as well as indirect benefits the consultant is aware of (e.g. if the project would aid proposals sponsored by the firm’s other clients). As a duly authorized representative of __________________________________, the undersigned certifies the following: the company, its officers, employees, agents and subconsultants have no direct or indirect financial or other interest – to include any known benefit other than general enhancement of professional reputation – in the outcome of the NEPA CE developed for the above project. The undersigned further certifies that the company, its officers, employees, agents, and sub-consultants have no current involvement in the development, or the environmental evaluation, of the above stated project, to include generating data and plans for the project. The company, its officers, employees, agents, and sub-consultants’ prior involvement in the development, or the environmental evaluation, of the above project, to include generating data and plans for the project include the following: ___________________________________________________________________________ Printed Name, Title Signature Date 1 | P a g e EXHIBIT F: TOWN OF ESTES PARK FEDERALLY REQUIRED AND OTHER CLAUSES – FOR DESIGN PROFESSIONALS Professional Services Contracts performing Design Services must provide Construction Documentation in Compliance with the following requirements. These requirements will become part of contract for performance. See additional Exhibits for guidance on FEDERALLY REQUIRED AND OTHER CLAUSES - FOR CONSTRUCTION attached. All provided design must allow feasible compliance with these construction contract required clauses. Federally Required and Other Clauses 1. Fly America Requirements 49 U.S.C. §40118 41 CFR Part 301-10 The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301 -10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 5. Seismic Safety Requirements 42 U.S.C. 7701 et seq. 49 CFR Part 41 The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to assure compliance, with the applicable building sta ndards for Seismic Safety, including the work performed by all subcontractors. Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Sa fety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 2 | P a g e 6. Energy Conservation Requirements 42 U.S.C. 6321 et seq. 49 CFR Part 18 The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7. Clean Water Requirements 33 U.S.C. 1251 Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 10. Lobbying 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.  Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq. ]  Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)  Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995.  Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. 3 | P a g e Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal cont ract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil pe nalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addit ion, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official 4 | P a g e ___________________________ Date 11. Access to Records and Reports 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Sources of Authority 5 | P a g e 1. 49 USC 5325 (a) 2. 49 CFR 633.17 3. 18 CFR 18.36 (i) 12. Federal Changes 49 CFR Part 18 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 14. CLEAN AIR 42 U.S.C. 7401 et seq 40 CFR 15.61 49 CFR Part 18 Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. Recycled Products 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 These requirements flow down to all to all contractor and subcontractor tiers. Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 17. Contract Work Hours and Safety Standards Act 1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 6 | P a g e 2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the claus e set forth in paragraph (2) of this section. 4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 19. No Government Obligation to Third Parties No Obligation by the Federal Government. 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 20. Program Fraud and False or Fraudulent Statements and Related Acts 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Program Fraud and False or Fraudulent Statements or Related Acts. 1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon 7 | P a g e execution of the underlying contract, the Contractor certifies or affirms the truthf ulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. 3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 21. Termination 49 U.S.C.Part 18 FTA Circular 4220.1E The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close - out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by 8 | P a g e Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipie nt) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. 9 | P a g e The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the term ination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. 10 | P a g e If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, t he (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 22. Government-Wide Debarment and Suspension (Nonprocurement) 49 CFR Part 29 Executive Order 12549 Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 23. Privacy Act 5 U.S.C. 552 The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: 1. The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act ma y result in termination of the underlying contract. 2. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 11 | P a g e 24. Civil Rights Requirements 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Civil Rights - The following requirements apply to the underlying contract: 1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: a. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA m ay issue. b. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 25. Breaches and Dispute Resolution 12 | P a g e 49 CFR Part 18 FTA Circular 4220.1E The Breaches and Dispute Resolutions requirements flow down to all tiers. FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 28. Disadvantaged Business Enterprise(DBE) 49 CFR Part 26 Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is __ %. A separate contract goal [of __ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, 13 | P a g e document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor’s commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the {insert agency name}. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the {insert agency name} and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.] e. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of {insert agency name}. 30. Incorporation of Federal Transit Administration (FTA) Terms FTA Circular 4220.1E The incorporation of FTA terms has unlimited flow down. Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 1 | P a g e EXHIBIT G: TOWN OF ESTES PARK FEDERALLY REQUIRED AND OTHER CLAUSES – FOR CONSTRUCTION Professional Services Contracts performing Design Services must provide Construction Documentation in Compliance with FEDERALLY REQUIRED AND OTHER CLAUSES - FOR CONSTRUCTION below. All provided design must allow feasible compliance with these construction contract required clauses. Federally Required and Other Clauses 2. Buy America Requirements 49 U.S.C. 5323(j) 49 CFR Part 661 The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R . Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5. Date ____________________________________________________________ Signature______________________________________________________ Company Name_______________________________________________________ Title _____________________________________________________________ Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. 2 | P a g e Date _________________________________________________________________ Signature ___________________________________________________________ Company Name _________________________________________________________ Title _______________________________________________________________ Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date _________________________________________________________________ Signature ____________________________________________________________ Company Name ____________________________________________________________ Title _________________________________________________________________ Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date _______________________________________________________________ Signature ____________________________________________________________ Company Name ________________________________________________________ Title _______________________________________________________________ 4. Cargo Preference Requirements 46 U.S.C. 1241 46 CFR Part 381 The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargodescribed in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FT A recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 3 | P a g e 13. Bonding Requirements Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: 1. 50% of the contract price if the contract price is not more than $1 million; 2. 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or 3. $2.5 million if the contract price is more than $5 million. d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Bonding requirements flow down to the first tier contractors. Bid Bond Requirements (Construction ) a. Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. b. Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. 4 | P a g e It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully r ecompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: a. Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate f or the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. b. Payment bonds 1. The penal amount of the payment bonds shall equal: i. Fifty percent of the contract price if the contract price is not more than $1 million. ii. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or iii. Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non- Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. a. The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. b. When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 5 | P a g e 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional perform ance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. c. A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. d. When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: i. Fifty percent of the contract price if the contract price is not more than $1 million; ii. Forty percent of the contract price if the contract price is mo re than $1 million but not more than $5 million; or iii. Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and qualit y of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period o f one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 6 | P a g e 16. Davis-Bacon and Copeland Anti-Kickback Acts Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that “at least partly are financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual construction, alteration and/or repair, including painting and decorating.” 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts’ requirements are satisfied. Clause Language Davis-Bacon and Copeland Anti-Kickback Acts (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, re gular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officershall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 1. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 7 | P a g e 4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a c lassification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and w age rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting o fficer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classifica tion and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable stand ards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: 1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. 8 | P a g e (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all work ers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirem ents, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Hous ing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee ] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the pr oject). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [ insert name of grantee ] for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for th e submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 9 | P a g e 1. (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; 2. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; 3. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprentices hip and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the reg istered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered pro gram for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, 10 | P a g e withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. T he prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this c ontract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ine ligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.   Community Services Memo To: Honorable Mayor Pinkham Town Board of Trustees Administrator Lancaster From: Bo Winslow, Community Services Director Date: May 12, 2015 RE: Ordinance for Lease and Operation of Vickie O’Connor Picnic Grounds Objective: To approve the Lease/Ordinance to allow the Vickie O’Connor Picnic Grounds to be leased and operated by private individuals. Present Situation: Currently Town Staff operates the Vickie O’Connor Picnic Grounds. Staff looked at ways this could be outsourced in order to both relieve staff load as well as offer a new business opportunity. Proposal: This project was sent out for bid. Town Staff received one proposal back. The proposal offers 15% of gross receipts for lease of the property. Advantages:  Allows for better customer service  Allows for new business opportunity  Frees up Staff time to do other duties Disadvantages:  Unknown at this time Action Recommended by Staff: Approve Ordinance/Lease Budget: The expenses and revenues are budgeted in the Events Department Budget. Staff does not anticipate there to be negative impact on the budget. Level of Public Interest Since only one proposal was submitted, Staff feels as though there is minimal public interest. Sample Motion: I move to approve/deny Ordinance___-15, the Lease and Operation of the Vickie O’Connor picnic grounds.   ORDINANCE NO. 07-15 AN ORDINANCE APPROVING A LEASE AGREEMENT FOR THE Vickie O’Connor Pavilion and Picnic Grounds – also known as the Hydro Plant Picnic Grounds TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is appropriate to enter into a lease agreement with Mike and Kathy Miller for the Vickie O’Connor Picnic Grounds beginning May 13, 2015 and ending December 31, 2015, and for two consecutive years thereafter. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: 1. The Lease Agreement for the Vickie O’Connor Picnic Grounds between the Town of Estes Park and Mike and Kathy Miller, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. The officials of the Town of Estes Park are hereby authorized to execute the Lease. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS 12th DAY OF May, 2015. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the 12th day of May, 2015, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of , 2015. Town Clerk 1 LEASE THIS LEASE, made and entered into this 12th day of May, 2015, between the TOWN OF ESTES PARK, Municipal Corporation, hereinafter referred to as Lessor, and Mike and Kathy Miller hereinafter referred to as Lessee. WITNESSETH: Lessor, for and in consideration of the covenants and agreements hereinafter set forth, to be kept and performed by Lessee, has leased and does hereby lease unto Lessee all those premises, situate in the Town of Estes Park, County of Larimer, State of Colorado, known and described as follows to-wit: VICKIE O’CONNOR PAVILION AND PICNIC GROUNDS also known as the HYDRO PLANT PICNIC GROUNDS TO HAVE AND TO HOLD, the above described premises with the appurtenances, unto Lessee from May 13, 2015 through December 31, 2015, with an option to continue lease for 2016 and 2017 pending positive review by Town. Lessee in consideration of the leasing of said premises aforesaid by Lessor to Lessee, covenants and agrees with Lessor as follows: 1. To pay to Lessor, as rent for said premises, 15% of the gross sales from the operation of property. For the purposes of this Lease, gross sales shall be the total amount of funds realized from all rentals of said property and facility. Said rent shall be due and payable to the Town of Estes Park on or before the 1st day of December, during the term hereof beginning on May 13, 2015. 2. To keep complete and accurate records of Lessee’s operation of the said property/facility and make them available to the Town of Estes Park upon request. In addition, a table of calculations shall be submitted showing the amount due to the Town of Estes Park. A schedule showing gross sales for each event shall also be presented with the lease payment. 3. The Lessor shall be liable for repairs and maintenance of all other equipment identified as property of the Town of Estes Park. In addition, the Lessor agrees to pay for maintenance of the interior and exterior of the building in accordance with structural codes and health standards. For general maintenance, i.e. painting and minor improvements, the Lessor will pay for the materials and the Lessee will provide manpower. All improvement on said property shall be approved by Town. Lessee will be responsible for all mowing and other similar maintenance. Lessor shall maintain roads. 2 4. To keep the area safe and clean and in such order as may be required by the regulations of any governmental authority. This will include the picnic tables and surrounding area. Lessee shall be responsible for all trash and cleaning of restrooms. 5. Not to alter the building or property in any manner, except with the Lessor’s written consent. 6. To allow Lessor or its agents to have free access to the demised premises for the purposes of examining or inspecting the condition of the same. 7. To furnish to Lessor a written physical inventory of the equipment presently located in the demised premises. Lessee shall keep said inventory current by written notice to Lessor, whenever there are any additions to equipment. 8. Lessee agrees to procure and maintain during the term of this Lease, the following insurance coverages: A. Comprehensive General Liability and Automobile Insurance of at least $150,000.00 per injury and $600,000.00 per occurrence. B. The Lessee and the Lessor understand and agree that the Town is relying on, and does not intend to waive, by any provision of this Lease, the monetary limitations (presently $150,000.00 per injury and $600,000.00 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act 24-10-101 et seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. C. The Town shall be named as an additional insured on said policies. 9. It is agreed by the parties hereto: A. All equipment owned by the Lessor, all improvements, and all fixtures and equipment shall become the property of Lessor when permanently placed or affixed in the demised premises, and said improvements fixtures and equipment shall be insured at the Lessor’s expense. B. In the event of a default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days’ notice in writing of said default. If said default is not cured within said ten (10) day period, the non-defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages or terminate the Lease. Damages shall include all reasonable attorney’s fees and court costs incurred by the non-defaulting party. 3 C. In the event that changes occur which materially affect the operation of the demised premises, either party shall have the option to request that this Lease be renegotiated. D. Lessee shall be responsible for all noise complaints and must be available to respond within 20 minutes. Lessee shall comply with all local codes. 10. Lessee understands and agrees that it is an independent contractor under the terms and conditions of this agreement. As such, the Lessee is not entitled to unemployment or insurance benefits through the Town. Also, the Lessee understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. Lessee also understands and agrees that it is responsible for worker’s compensation coverage and taxes for itself and any employee. 11. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid as follows: LESSOR LESSEE Town of Estes Park Mike and Kathy Miller Attn: Community Services Director _______________ P. O. Box 1967 _______________ Estes Park, CO 80517 12. Lessee shall not have the right to sublease facility to any third party for all or a portion of the demised premises without the expressed written consent of the Lessor. 13. Upon termination of this Lease, Lessee shall be entitled to remove all of its personal property from the property if the same can be removed without damage to Lessor’s property. 14. Term of contract shall be from May 13, 2015 – December 31, 2015. Contract can be terminated by either party with 90 days written notice. 15. Lessor will not terminate contract without just cause. 16. All current contracts booked at facility shall be honored. Revenues and % share on these contracts shall be negotiated. 17. Lessee shall obtain a Town of Estes Park Business License. 4 IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. LESSOR TOWN of ESTES PARK, COLORADO By:____________________________ Mayor ATTEST: __________________________ Town Clerk LESSEE Mike and Kathy Miller By:__________________________________ ATTEST: ____________________________ Secretary PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Parks Advisory Board Greg Muhonen PE, Public Works Director Date: May 12, 2015 RE: Ordinance #08-15 Art in Public Places Objective: Creation of an ordinance and policy to establish procedures and criteria for adding works of art to the Town of Estes Park public art collection. Present Situation: The Town of Estes Park Board of Trustees established a 2015 Objective to develop and adopt a policy for accepting public art, memorials, and donations. The proposed Ordinance and Policy are needed to guide decision-making associated with the selection, acquisition, purchase, commissioning, placement, installation, and maintenance of public works of art. The new citizen Parks Advisory Board (PAB), established in May of 2014, has established this proposed Art in Public Places (AIPP) Ordinance and Policy for the Town of Estes Park Board of Trustees to review and adopt. Proposal: The attached Art in Public Places Ordinance #08-15 and Public Works Policy #880 are offered to the Town of Estes Park Board of Trustees for review and adoption. The goal is to establish an AIPP program. Advantages: • The proposed AIPP Ordinance and Policy provides consistent and clear guidance for individuals desiring to donate art to the Town of Estes Park. • The program facilitates the expansion of the Town art collection which weaves public art into the everyday experience of our community and creates lasting impressions to those who experience it. • Public art enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination, not only for its natural beauty, but also for its vibrant arts scene. • Publicly displayed art creates a sense of place and provides a unique town identity. • Public art offers educational opportunities. Disadvantages: • Additional art pieces in the collection require additional funding for purchase, installation, and maintenance. Action Recommended: Parks Advisory Board and Town Staff recommend the Art in Public Places Ordinance #08-15 be adopted by the Board of Trustees at the May 12, 2015 Town Board meeting. A statement of support from the Board of Trustees for Public Works Policy #880 is also requested. Budget: No budget action is requested at this time. Historically the Board has approved $5000 each year for the maintenance of our art collection (account line item Maintenance Contracts / 101-5200-452-2501 / maintenance and cleaning sculptures). The PAB desires to request additional funds each year for the purchase and installation of new works of art. This will be addressed during the annual budget process. Added budget would be decided by the board of Trustees for purchase, cost of placing, and added maintenance. Level of Public Interest Medium. The addition and placement of public works of art is of high interest to members of the arts community. Sample Motion: I move for the approval/denial of the Art in Public Places Ordinance #08-15. Attachments: Ordinance #08-15 Art in Public Places Public Works Policy #880 Art in Public Places ORDINANCE NO. 08-15 AN ORDINANCE FOR ART IN PUBLIC PLACES WHEREAS, the Board of Trustees has determined the need for an Art in Public Places Ordinance and Policy; and WHEREAS, the Ordinance and Public Works Policy #880 address issues and processes including selection, acquisition, purchase, commissioning, placement, installation, and maintenance of public works of art; and WHEREAS, the Bylaws of the Parks Advisory Board (PAB) assign responsibility to the PAB for the establishment and implementation of a Public Art Policy. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO as follows: SECTION 1: The Municipal Code of the Town of Estes Park is hereby amended with the addition of the following chapter, 12.30 Art in Public Places Sec. 12.30.010 Purpose The purpose of this chapter is to establish an Art In Public Places (AIPP) program under the auspices of the Parks Advisory Board (PAB) of the Town of Estes Park; to provide a means to fund the acquisition of works of art by the Town which shall become the Town’s collection; to provide a means to select works of art for the collection; to provide for the display of the collection, to provide criteria for the acceptance of donated art for public display; and to provide for the maintenance and repair of the works of art in the collection. Sec. 12.30.020 Funds for works of art The Town Board may allocate in its annual General Fund Budget, funds for an Art In Public Places program. The funds shall be placed in the Public Works Parks Division maintenance and capital accounts for the AIPP program. Funds in the AIPP accounts may come from the Town’s annual Budget, grants and donations. All funds designated or donated for acquisition of works of art shall be paid into the specified maintenance or capital accounts. Any excess or unexpended funds in the AIPP accounts shall carry forward in the accounts at the end of each fiscal year. Funds deposited in the AIPP accounts may only be expended for the acquisition, installation, maintenance and repair of works of art, costs associated with de-accessioning works of art, and expenses of administration of the AIPP program. Sec. 12.30.030 Administration Responsibility for administration of the AIPP program shall rest with the Public Works Department with advice from the PAB and curatorial support from a Curatorial Support Services Provider. The PAB shall establish and from time-to- time amend, with Town Board approval, criteria and guidelines governing the selection, acquisition including donations, purchase, acceptance, commissioning, placement, installation, maintenance and de-accessioning of works of art. Final decisions about the acquisition of artwork, and site selection for that artwork rests with the Town’s Board of Trustees or their designees. The recommendations of the PAB shall be considered by the Board of Trustees in making those decisions. Sec. 12.30.040 Ownership All permanent works of art acquired pursuant to this ordinance, with the exception of art loaned to the town, shall be acquired in the name of, and title shall be held by, the Town of Estes Park. Sec. 12.30.050 Exemptions The following are exempt from the provisions of this ordinance: A. All works of art in the collections of, or under the auspices of, the Estes Valley Public Library and The Estes Park Museum. B. All works of art that are the private, personal property of any Town employee and that are displayed in Town offices or other areas of Town-owned facilities that are not generally frequented by the public. 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 ___________, 2015. TOWN OF ESTES PARK By: _________________________ Mayor ATTEST: _________________________ Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the ______ day of ____________, 2015, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the _____ day of _______________, 2015. _________________________________ Town Clerk Effective Period: Until Superceded Review Schedule: as needed Effective Date: May 12, 2015 References: PUBLIC WORKS 880 Art in Public Places 1. PURPOSE These Guidelines for an Art In Public Places (AIPP) program of the Town of Estes Park (Town), were developed by the Estes Park Parks Advisory Board (PAB) at the request of the Town Board of Trustees. The Guidelines describe a process and criteria to be used to evaluate potential public works of art and projects. The guidelines also detail the administration of the Art In Public Places program. All Art In Public Places must conform to and be consistent with all Town codes and regulations. Following is a definition of public art as it applies to the Estes Park program. In its broadest sense, public art is any original creation of visual art that is: • Acquired with public monies, • Acquired with a combination of public/private funding, • Acquired by donation or on loan to the Town’s Art In Public Places program or • Privately sponsored artwork that is located on publically owned land. Examples of public art include, but are not limited to: • Sculpture of any form and in any material or combination of materials to include statues, monuments, fountains, arches, or other structures intended for ornamentation or commemoration; • Paintings of all media, including both portable and permanently affixed works such as frescoes and murals; • Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics and other materials; • Kinetic and/or interactive sculptures; • Site-integrated artwork created by landscape designers and artists which may include landscapes and earth-works, integration of natural and human-made materials, and other functional art pieces. Examples of site-integrated works may include building features, paving materials, gates, and street furniture. The AIPP program enriches our community through public exposure to the arts. The program is achieved through a collaboration between the Town and Estes Park residents, guests, businesses, organizations (Cultural Arts Council of Estes Park, Art Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 1 of 38 Center of Estes Park), and Estes Park K-12 school programs, to develop a diverse art collection that creates a sense of place, provides a unique town identity, offers educational opportunities and serves as an economic driver. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination, not only for its natural beauty, but also for its vibrant arts scene. 2. POLICY Town Ordinance No. 08-15 establishes the Art In Public Places program under the auspices of the Parks Advisory Board of the Town of Estes Park Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 2 of 38 TABLE OF CONTENTS 1. PURPOSE ....................................................................................................................................................... 1 2. POLICY............................................................................................................................................................ 2 3. PROCEDURE ................................................................................................................................................. 5 a. ADMINISTRATION AND CURATORIAL SUPPORT.................................................................... 5 i. Parks Advisory Board (PAB)........................................................................................................................ 5 ii. Curatorial Support Services Provider ...................................................................................................... 5 b. GUIDELINES ......................................................................................................................................... 6 c. FUNDS FOR WORKS OF ART ........................................................................................................... 6 i. Reserve Account Established ...................................................................................................................... 6 d. DEFINITIONS ....................................................................................................................................... 7 e. SELECTING WORKS OF ART ........................................................................................................... 8 i. Direct Purchase ................................................................................................................................................. 8 ii. Open Competitions .......................................................................................................................................... 9 f. DISPLAY OF ART IN PUBLIC SPACES ........................................................................................ 10 g. OWNERSHIP OF WORKS OF ART ............................................................................................... 10 i. Exemptions Of Ownership Of Works of Art ........................................................................................ 11 h. ACQUISITION OF WORKS OF ART ............................................................................................. 11 i. TEMPORARY PUBLIC WORKS OF ART ..................................................................................... 11 j. ARTIST SELECTION CRITERIA .................................................................................................... 12 k. SITE SELECTION FOR WORKS OF ART ..................................................................................... 12 i. Display Standards ......................................................................................................................................... 12 ii. Town Department Input ............................................................................................................................. 13 l. POST-SELECTION PROCESS ......................................................................................................... 13 i. Contracts........................................................................................................................................................... 14 m. DONATING A WORK OF ART ....................................................................................................... 14 i. Background And Definitions ..................................................................................................................... 14 ii. Process For Consideration ......................................................................................................................... 14 iii. Review Considerations ............................................................................................................................... 15 n. DE-ACCESSIONING A WORK OF ART ........................................................................................ 15 i. Basis For De-Accessioning ......................................................................................................................... 15 ii. Process/Disposition ..................................................................................................................................... 16 o. MAINTENANCE GUIDELINES FOR WORKS OF ART .............................................................. 16 i. Goal ..................................................................................................................................................................... 16 ii. Definitions ........................................................................................................................................................ 17 iii. Process .............................................................................................................................................................. 17 iv. Implementation ............................................................................................................................................. 19 p. PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW) ................... 20 i. Goal ..................................................................................................................................................................... 20 ii. Installations Adjoining The ROW ............................................................................................................ 20 iii. Installations Within The ROW ................................................................................................................. 21 Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 3 of 38 APPENDIX 1 - FORMS ...................................................................................................................................... 23 a. Contract for Commission of Artwork ...................................................................................... 23 b. Artwork Donation Form .............................................................................................................. 30 c. Artwork Loan Agreement ............................................................................................................ 32 d. Request for Proposals ................................................................................................................... 34 e. Curatorial Support Services Provider Agreement .............................................................. 37 ACKNOWLEDGMENTS The Town of Estes Park, Parks Advisory Board would like thank the following, and acknowledge their valuable input to development of these guidelines. City of Loveland, Colorado, Visual Arts Commission City of Fort Collins, Art In Public Places Program Town of Vail, Art In Public Places Strategic Plan Greeley Art Commission and City of Greeley, Colorado, Art Master Plan City of Grand Junction, Colorado, Art In Public Places Program Executive Director of the Estes Park Museum Executive Director of the Cultural Arts Council of Estes Park Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 4 of 38 3. PROCEDURE a. ADMINISTRATION AND CURATORIAL SUPPORT i. Parks Advisory Board (PAB) Administration of the AIPP program shall rest with the Public Works Department with advice from the PAB and curatorial support from a Curatorial Support Services Provider. The PAB shall consist of citizens living in the Estes Valley for at least 2 years and having experience with trees, weeds, public art, trails or park design. There shall be 7 members, appointed by the Town Board, who shall serve without compensation. The PAB shall establish and amend, with Town Board approval, criteria and guidelines governing the selection, acquisition (including donations), purchase, commissioning, placement, installation, and maintenance of public works of art. Final decisions about the acquisition of artwork and site selection for that artwork rests with the Town Board of Trustees or their designees. The recommendations of the PAB shall be considered by the Board of Trustees in making those decisions. Recommendations for selection and placement of works of art shall be prepared in consultation with representatives of the Town department having responsibility for maintenance of the work of art. Following placement or installation, maintenance and repair of works of art shall be the responsibility of the Town department having possession of the work(s), with the advice and guidance of the PAB. Any proposed works of art requiring extraordinary operation or maintenance expenses shall receive prior approval of the department head responsible for such operation or maintenance. ii. Curatorial Support Services Provider A representative of the curatorial support services provider shall serve as an ex- officio and nonvoting member of the PAB. The role of the curatorial support services provider shall be to perform such duties as set forth in these guidelines as they pertain to the Town’s Art In Public Places program. (see “Exhibit E” in the Appendix) The curatorial support services provider shall maintain a detailed record of all art in public places, including, but not limited to, accession numbers, site drawings, photographs, designs, names of artists, and names of architects whenever feasible. The curatorial support services provider shall be reimbursed for actual expenses incurred as expenses of curatorial support, subject to Town approval. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 5 of 38 b. GUIDELINES The Parks Advisory Board shall adopt guidelines: 1. To identify suitable works of art for the Town collection. 2. To facilitate the preservation of works of art that may be displayed in public places. 3. To prescribe a method or methods for competitive selection of works of art for display. 4. To prescribe procedures for the selection, acquisition (including the acceptance of donated works of art), and display of works of art in public places. 5. To set forth any other matter appropriate to the administration of the AIPP program. c. FUNDS FOR WORKS OF ART 1. The Town Board may allocate in its annual Budget, funds for an Art In Public Places program. The funds placed in the accounts for the AIPP program may be expended as defined in these guidelines under “Reserve Account Established” below. 2. Patrons may donate a piece of art to the Town of Estes Park for the AIPP program. In accepting a donation, the Town may, at its discretion, accept responsibility for funding the transport, site preparation and installation of the piece. 3. Patrons may donate funds for the acquisition of a piece of art for the AIPP program. In accepting the donation, the Town will allocate a portion of the donation for transport, site preparation and installation of the piece. The fund shall be placed in the reserve account for the AIPP program and may be expended as defined in these guidelines under “Reserve Account Established” below. 4. An artist may donate a piece of art to the Town for the AIPP program. In accepting the donation, the Town may, at its discretion, accept responsibility for funding the transport, site preparation and installation of the piece. i. Reserve Account Established Maintenance and capital accounts for the Art In Public Places program have been established within the Public Works Parks Division annual budget. Funds deposited in the AIPP accounts may only be expended for the acquisition, installation, maintenance and repair of works of art, costs associated with de- accessioning works of art, and expenses of administration of the AIPP program. Funds in the AIPP accounts may come from the Town’s annual Budget, grants Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 6 of 38 and donations. All funds set aside or donated for works of art shall be paid into these accounts. Any excess or unexpended funds in the AIPP reserve account shall carry forward in this account at the end of each fiscal year. Any funds generated from the de-accessioning of any works of art shall remain in the reserve account. d. DEFINITIONS • “Art In Public Places” means any visual work of art displayed for two weeks or more in an open town-owned area, on the exterior of any Town-owned facility, inside any Town-owned facility in areas designated as public areas, or on non-Town property if the work of art is installed or financed, either wholly or in part, with Town funds or grants procured by the Town. • “Town Board” means those elected officials serving as Trustees of the Town. • “Parks Advisory Board” (PAB), means that Board created in Section _____#__________ of the Municipal Code. • “Reserve account” means the AIPP reserve account defined by these guidelines. The AIPP reserve account shall be used for acquiring or funding: works deemed, by the PAB, to be appropriate for the Town’s collection. • “Patron” means a person who gives financial or other support to an organization, cause or activity. • “Work of art” means all forms of original creations of visual art, including but not be limited to: o Paintings of all media, including both portable and permanently affixed works such as frescoes and murals; o Sculpture of any form and in any material or combination of materials. This includes statues, monuments, fountains, arches, or other structures intended for ornamentation or commemoration; o Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics, and other materials; o Kinetic and/or interactive sculptures; or o Site-integrated artwork created by landscape designers and artists which includes landscapes and earth-works, integration of natural and human made materials, and other functional art pieces. Site-integrated works may include building features, gates, street furniture, and paving materials. o “Site” refers to a specific location being considered for or currently displaying a work of art. o “Project” means an existing plan or proposal where installation of a work of art may be under consideration. o “Mass Produced” means a work of art that has been reproduced for mass distribution. o “Curatorial Support Services Provider” means that entity or organization selected by the Town to provide, subject to annual budgetary limits approved by the Town Board of Trustees, on-going, Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 7 of 38 permanent documentation of the Town public art collection. They may also provide recommendations for installation and maintenance of the various types of art in the collection. o “Mural” means any work of visual art painted or applied directly on a wall, ceiling or other large permanent surface o “Guidelines” means that document prepared, and periodically reviewed o and updated by The Parks Advisory Board and approved by the Town Board. e. SELECTING WORKS OF ART In performing its duties with respect to AIPP program, the Town will strive to integrate the creative work of artists into public projects to thereby increase our residents’ and visitors’ experience and improve the economic vitality of the Town through the enhancement of public spaces in general and the pedestrian landscape in particular. In doing so, special attention will be given to the following. A. Conceptual compatibility of the design with the immediate environment of the site. B. Appropriateness of the design to the function of the site. C. Compatibility of the design and location with a unified design character or historical character of the site. D. Creation of an internal sense of order and desirable environment for the general community by the design and location of the work of art. E. Preservation and integration of natural features of the site. F. Appropriateness of the materials, textures, colors and design to the expression of the design concept. G. Representation of a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to insure a variety of style, design and media throughout the community. H. Ongoing maintenance expenses of the work of art. I. Safety and risk impacts to the Town, guests and general public associated with the work of art. (approval of the Town Risk Manager and CIRSA required prior to acceptance or installation of any work of art) Selection of a work of art may be Town or otherwise initiated. These guidelines apply in both instances. Additional guidelines apply to donations of works of art and they may be found in other sections of this document. i. Direct Purchase The Town may purchase existing artwork from an artist/owner in unique circumstances (e.g. when the price presents an economic advantage) or to meet one of the AIPP program goals. The PAB, with Town approval, may approach an artist or an artist may approach the PAB. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 8 of 38 Artists who have a finished work of art that they wish the Town to consider for purchase should submit the following to the PAB: 1. A proposal sheet with the artist’s name, title of the artwork, dimensions, medium, date produced, price, location, number of reproductions, restrictions on reproduction, and other information the artist deems pertinent. 2. A resume and references. 3. A maquette and/or images or the actual work for review. (Images may be provided electronically or by hard copy and should show all sides, providing the proper scale of the work). 4. A cover letter explaining why the work should be added to the Town’s public art collection. 5. A conservation assessment describing the artwork’s condition, along with a maintenance plan. (The plan should include an explanation of the expected life span of the work while placed in a public environment, specifying the type of environment in which the artwork may be placed. It should also discuss whether the artwork may be prone to vandalism and how the effects of any vandalism may be mitigated; it should be authored by a qualified conservator or the artist.) 6. The PAB and/or the Town may request additional information. The PAB typically reviews direct purchases of works of art twice per calendar year; however, exceptions may be made if deemed appropriate by a majority of the PAB members. ii. Open Competitions Competitions are open to artists within the geographic limits and other specifications set by the Town (which varies from competition to competition). The Town strives to maintain balance between competitions involving local artists only and artists from a larger area. The Town process for typical competitions is as follows. 1. The Town provides a project description, budget, time schedule, and summary of duties and obligations. 2. The artist shall provide a maquette and site drawing (if appropriate), design, concept statement, recommended installation and maintenance requirements, budget, photographs, resume and references. 3. Proposals shall be considered by the jury, and a final choice or choices will be presented to the Town for acceptance. Jury composition varies and is determined by the PAB, but juries typically include representative(s) from the designated site and the PAB. 4. Entry materials will be returned to the artist only if requested and appropriate packaging, postage and insurance are included with the entry by the artist. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 9 of 38 The Parks Advisory Board recognizes that works of art often significantly alter public places, becoming a new, major presence in the environment. In recent decades, visual art has rapidly evolved and diversified, creating at times a gap between visual art and its appreciation by the general public. The AIPP program shall endeavor to bridge this gap, by broadening community awareness of the issues involved in visual art and its historical context, and encouraging informed debate among all segments of the community. f. DISPLAY OF ART IN PUBLIC SPACES A. Works of art selected and implemented pursuant to the provisions of this chapter may be 1) placed in, on or about any public place or, 2) by agreement with the owner thereof, placed on any private property with substantial public exposure in and around the town. Works of art owned by the Town may also be 3) loaned for exhibition elsewhere, upon such terms and conditions as deemed necessary by the PAB. B. All art in public places shall receive the prior review and approval of the Town Board. None shall be removed, altered or changed without the prior review and approval of the Town Board, unless necessary for repair, temporary relocation or for the safety of the general public. C. No work of art financed either wholly or in part with Town funds or with grants procured by the Town shall be installed on privately owned property unless the following condition is met. A written agreement must be prepared and signed between the Town and the owner of the property specifying the proprietary interests in the work of art and specifying other provisions deemed necessary or desirable by the Town attorney. In addition, such written agreement shall specify that the private property owner assures: 1. The installation of the work of art will be done in a manner which will protect the work of art and that takes into consideration public safety; 2. The work of art will be maintained in good condition; and 3. Insurance and indemnification of the Town will be provided as is appropriate. D. Installation, maintenance, alteration, refinishing and moving of art in public places shall be done in consultation with the artist whenever feasible. E. The Cultural Support Services Provider shall maintain a detailed record of all art in public places, including accession numbers, site drawings, photographs, designs, names of artist, names of architects and correspondence between all parties involved in the creation, acquisition, placement, and display of art work whenever feasible. g. OWNERSHIP OF WORKS OF ART All permanent works of art acquired pursuant to these guidelines, with the exception of art loaned to the town, shall be acquired in the name of and title shall be held by the Town of Estes Park. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 10 of 38 i. Exemptions Of Ownership Of Works of Art The following are exempt from the provisions of these guidelines: A. All works of art in the collections of, or under the auspices of, the Estes Valley Public Library and The Estes Park Museum. B. All works of art that are the private, personal property of any Town employee and that are displayed in Town offices or other areas of Town- owned facilities which are not generally frequented by the public. h. ACQUISITION OF WORKS OF ART Public art may be acquired through commissioning a site-specific work (see “Exhibit D” in the Appendix), direct purchase (see “Exhibit A” in the Appendix), or donation of a work of art (see “Exhibit B” in the Appendix). A commissioned work of public art typically involves selecting an established artist to develop a piece of artwork for an identified location or use. An established artist is an artist who has sold one or more piece(s) of art. If site specific, the artwork must conform to the Town of Estes Park AIPP program regarding the site’s functional context, its architecture, its location, its relationship to the adjacent terrain, and its social context. If a work of art is commissioned for a specific use it must meet the requirements set forth by the AIPP. The PAB is entrusted to develop criteria for commissioned projects and to site other acquired works. The PAB’s administrative policies, selection and placement criteria are detailed in these Guidelines. Periodically the Town of Estes Park or the Parks Advisory Board may be offered donations of works of art. Donations are subject to the same policies and criteria of the AIPP program as any other work of art being considered by the Town. The PAB has the discretion, subject to program policies, to recommend to the Town Board either accepting or rejecting any work of art offered to the Town for public art purposes. i. TEMPORARY PUBLIC WORKS OF ART The PAB may, at its discretion, recommend to the Town Board sites within the Town of Estes Park as locations for the display of temporary works of art otherwise meeting the criteria detailed in these guidelines. Sites will be selected for their visibility and access to both visitors and residents to the town. The display of temporary art has several goals. They are: 1) enriching our community, 2) providing exposure to artists working in a variety of media, and 3) allowing for the exhibition of a wide variety of works of art that may supplement and enhance the permanent Town art collection. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 11 of 38 A selected artwork must exemplify commitment to quality and innovation. A temporary art exhibit may be held with the intention of creating a mutually beneficial partnership between the Town of Estes Park and artists working both within and outside of the community. Selected artists will enter into a standard lease agreement with the Town of Estes Park (see “Exhibit C” in the Appendix), for each work of art proposed for exhibition. The length of the lease may be for up to one year. A ten-percent (10%) sales commission is collected by the Town for any temporary work of art that is sold during the exhibition and the funds deposited into the AIPP reserve account. j. ARTIST SELECTION CRITERIA When evaluating the possibility of working with a particular artist, the PAB generally considers the following factors. • The artist’s presentation. • The ability of the artist to work cooperatively and effectively with stakeholders. • The technical feasibility of a proposed project and the artist’s technical ability. • Other factors deemed by the PAB to be important. k. SITE SELECTION FOR WORKS OF ART The PAB is charged with recommending to the Town sites for purchased or donated artwork. The PAB generally considers the following criteria in matching an artwork with a display site. i. Display Standards 1. Conceptual compatibility of the design with the immediate site environment. 2. Appropriateness of the design to the function of the site. 3. Compatibility of the design and location with a unified design character or historical character of the site. 4. Creation of a desirable environment for the general community by the design and location of the work or art. 5. Preservation and integration of natural features of the site. 6. Appropriateness of the materials and design to the expression of the artist’s concept. 7. Representation of a broad variety of tastes within the community and the provisions of a balanced inventory of art in public places to ensure a variety of style, design, and media throughout the community. 8. Visibility and accessibility. 9. Public safety. 10. Car and pedestrian traffic patterns, and other Right of Way considerations. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 12 of 38 11. Site conditions/constraints: existing landscaping, site furnishings, water for irrigation, drainage, grading, electrical source for lighting, and other utility considerations such as depth of existing utilities, access to natural gas hook up, etc. 12. Environmental impacts such as noise, sound, light and odors. 13. Impact on operational functions of the Town such as snow removal, mowing operations, etc. 14. Compatibility with the site function. 15. Susceptibility to vandalism. 16. Costs of site preparation. 17. Existing works of art in/near the site area. 18. Impact on adjacent property owners. 19. Any other criteria deemed by the PAB to be important. ii. Town Department Input Whether 1) working to select artwork for a designated site, or 2) selecting a site for an already acquired artwork, the PAB shall solicit input from relevant Town departments. Relevant departments will typically be 1) a department receiving artwork in/on its building/grounds, or 2) a department whose general responsibilities will be materially impacted by the placement of a work of art at a particular site (visual sightline obstruction, mowing or snow removal operations, etc.), 3) town risk management staff. The PAB will, through the staff liaison to the PAB, contact the director of the relevant department(s) to discuss potential sites and will invite the director to serve on any formal selection committee. The PAB encourages participation by the relevant department director. Selection processes which are determined by the PAB may vary by project. The PAB will ask the director of the relevant department to provide any concerns he or she has about the sites and/or their impact on department operations before a selection process is concluded/finalized. l. POST-SELECTION PROCESS Once a site has been selected, an installation plan will be developed by the Town and the host department, with input from the artist, donor, and contractor when appropriate. Following installation, the designated representative(s) of the PAB and the relevant department director will meet to inspect the site and sign off on the finalized project. At the time of an acquisition, by donation or purchase, the proposed budget for a work of art should include all costs of installation, which may include (1) plinths or other display components; (2) site development, including landscaping and irrigation system installation or modification; and (3) an identification plaque. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 13 of 38 i. Contracts Following final selection of a work of art or artist, a written contract shall be prepared by the Town Attorney. Executed contracts shall be filed with the Town Clerk and a copy placed in the artwork accession file managed by the curatorial support services provider. m. DONATING A WORK OF ART i. Background And Definitions The Town of Estes Park’s collection consists in large part of donations from arts organizations and private parties. Needless to say, donations are an important part of the collection. The AIPP program has limited funds for administration, preservation and maintenance of works of art. Likewise, there are a limited number of suitable municipal sites appropriate for the installation of works of art. To ensure the quality of the collection, the PAB uses these guidelines to decide whether a proposed donation is appropriate for addition to the Town’s collection. The Town, with advice from the PAB, accepts only those works that will, in its discretion, further the overall goals of the AIPP program. ii. Process For Consideration The Town requests that individuals or entities interested in donating a work of art follow these steps. 1. Submit a complete official donation application. This form may be obtained from the Town website or from the Town Clerk. 2. Provide a maquette and/or images or the actual work for review. Images may be provided electronically or by hard copy and should show all sides and the proper scale of the work. 3. Include a cover letter explaining that you are offering the work of art to the Town as a gift and explain why the work should be added to the Town’s public art collection. 4. Provide a copy of the artist’s resume or biography; information about the artist’s significance; and digital images showing a sampling of the artist’s work. 5. Provide information about the artwork’s provenance, exhibition history, and a current estimate of value. Include a letter of authenticity from the artist, if possible. 6. Provide a conservation assessment describing the condition of the work of art, along with a maintenance plan. The plan should include an explanation of the expected life span of the work of art while placed in a public environment, stipulating the type of environment (interior/exterior) in which the work of art may be placed. The plan should also discuss Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 14 of 38 whether the work of art may be prone to vandalism and how the effects of any vandalism may be mitigated; it should be authored by a qualified conservator or the artist. 7. The PAB and/or the Town may request additional information. 8. The PAB is unlikely to consider any donation that requires immediate or extensive maintenance. The PAB typically reviews potential donations of works of art twice per calendar year (in January and July); however, exceptions may be made if deemed appropriate by a majority of the PAB members. After review, the PAB may choose to recommend to the Town to accept or decline or to table an offer. iii. Review Considerations In reviewing a potential donation, the PAB typically considers the information requested above, as well as aesthetic quality (including craftsmanship), compatibility with the Town’s existing public art collection, and budget (i.e. maintenance requirements and installation costs). The PAB may also consider other factors contained in its acquisition guidelines. n. DE-ACCESSIONING A WORK OF ART De-accessioning is a procedure for withdrawing a work of art from the Town of Estes Park’s public collection. The PAB is responsible for recommending to the Town Board whether any piece(s) should be de-accessioned. i. Basis For De-Accessioning The Town may de-accession an artwork for one or more or the following reasons. • The artwork endangers public safety. • The work of art has been determined to be in unsatisfactory condition. • The work of art lacks a suitable display site. • The condition or security of the work of art cannot be reasonably guaranteed where located. • The work of art is attached to a structure slated for destruction, remodeling or repair (so that it is not practical to keep it). • The work of art is or has become incompatible with the rest of the collection. • The Town wishes to replace the work of art with a piece of more significance. • The work of art requires excessive maintenance or it has faults of design or workmanship. • The work of art is found to be fraudulent or not authentic. • The Town cannot properly care for or store the work of art. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 15 of 38 • For any other reason articulated by the Town, in its discretion. ii. Process/Disposition The PAB will review the works of art in the Town’s collection at least once every five years to determine whether any piece(s) should be recommended to be de- accessioned. In addition, the Town reserves the right to de-accession a work of art at any time deemed appropriate. De-accessioning may only be considered during a monthly or a special meeting of the PAB. A majority of PAB members in a quorum must approve de- accessioning for two consecutive votes. After the first vote, a public announcement of the plan to de-accession must be made to permit public input prior to the second vote. Following the second vote, and upon approval of the Town Board, the work of art shall be officially de-accessioned from the Town collection. Nothing in this section precludes the Town from immediately removing or modifying any piece of art due to safety or maintenance concerns, or temporarily to protect the work of art during any public or private improvements or construction. Any work of art removed by the Town is subject to the de- accession process described in these guidelines, if it cannot be replaced, relocated or repaired. The PAB may consider the following options for disposition of a de-accessioned artwork. 1. Return to the artist. 2. Sale or trade. 3. Destruction (which shall be reserved for works deteriorated or damaged beyond reasonably-priced repair). 4. Donation. 5. Any option deemed appropriate by the PAB. o. MAINTENANCE GUIDELINES FOR WORKS OF ART i. Goal The goal of the AIPP Maintenance Policy is to properly maintain the Town’s collection of publicly owned works of art to ensure Estes Park citizens’ long-term enjoyment of the collection. The AIPP Maintenance guidelines spell out the documentation, preservation, and maintenance processes that will support that goal. The AIPP Maintenance guidelines will be implemented on a piece-specific basis that recognizes the value of each work of art in the collection. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 16 of 38 ii. Definitions A. The term “Art In Public Places” refers to any visual work of art displayed for two weeks or more in an open Town-owned area, on the exterior of any Town-owned facility, inside and Town-owned facility in areas designated as public areas, or on non-Town property if the work of art is installed or financed, either wholly or in part, with Town funds or with grants the Town has procured. B. The term “work of art” refers to, but is not limited to, a sculpture, monument, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving, and work of/piece of stained glass. The term “work of art” would not normally include landscaping, architectural ornamentation, or signs. C. “Documentation” includes, but is not limited to, periodic condition reports, records of actual maintenance performed and an assessment of those efforts, photographs, artist’s maintenance recommendations, methods and materials, information, potential problems with the work of art, finishes information (e.g., painters name; when, where, what, and how the piece was finished), quality of materials used, installation information, warranties and professional and other knowledgeable opinions regarding preservation and maintenance. The documentation may also include the artist’s resume, artwork history, where the work has been exhibited, and a personal interview with the artist. D. “Preservation” includes placement; installation; security; regularly scheduled maintenance and emergency repairs (with consideration to the natural process of aging). E. “Maintenance” will be performed according to a scheduled piece-specific plan to clean, repair, and preserve each work of art in the Town’s public collection. A maintenance plan for outdoor works of art placed in landscaped settings may include regular tree/shrub pruning or, when necessary, re-planting to maintain desired sight lines for viewing the work of art. All maintenance plans will include a means to assess the ongoing effectiveness of preservation. iii. Process 1. Documentation. Initial documentation will be provided by at the time an artist/donor submits a work of art for consideration, prior to a piece being accepted into the Town collection. A standardized form, completed by the artist/donor, will be used for this purpose. The PAB, appropriate Town departments (Public Works, Parks Division), outside contractors, service people and experts may be asked to review this documentation. Documentation will reside in the records of the curatorial support services provider and their representative to the PAB will be responsible for creating, keeping and periodically updating the documentation. The PAB will use the projected cost of maintenance as one consideration in its final Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 17 of 38 determination of acceptance and placement. Although documentation and maintenance recommendations alone will not be used to specifically exclude artwork from the Town collection, the recommendation may play a role in that final determination. The AIPP reserve fund may be used to pay for acquiring critical, missing documentation not obtained at the time of acquisition of a work of art. 2. Maintenance documentation. When a work of art is accepted into the Town collection, minimum, “benchmark” level of maintenance and a maintenance schedule will be established for it. The documentation will include a standard for regular maintenance (e.g. timing, type of maintenance) and identify any maintenance issues that may require special attention. Each medium will require knowledgeable people to develop maintenance criteria. In addition, the maintenance criteria may include future historic and aesthetic considerations for each piece. The maintenance documentation may be reviewed and revised as needed. 3. Inspection and Condition Report. Upon a schedule recommended by the PAB, the curatorial support services provider will initiate and produce an inspection and condition report. Paid professional condition appraisers/conservators and/or knowledgeable volunteers, craftspeople or industry experts may perform the inspection for each piece. The inspection and condition report will become part of the permanent documentation for the specific work of art and will reside with the curatorial support services provider. 4. Regular maintenance. Town Parks Division staff, paid professionals and/or trained and supervised volunteers will perform regular maintenance of works of art based upon the maintenance schedule and condition report for each specific work of art. Maintenance will be performed upon a recommended schedule developed by the PAB in consultation with the representative of the curatorial support services provider each year. 5. Special Maintenance. Paid professionals/craftspeople or knowledgeable/trained volunteers will perform maintenance that requires specialized tools, equipment, or knowledge on an “as needed” basis. The representative of the curatorial support services provider, in consultation with the PAB will use the condition report and/or site visits to determine need. 6. Emergency Maintenance or Repair. Paid professionals/craftspeople or knowledgeable/trained volunteers will perform emergency maintenance/repair on an “as needed,” timely basis as determined by the representative of the curatorial support services provider in consultation with the PAB. 7. Construction, Remodeling, Painting & Repair. Whenever construction, remodeling, painting or other maintenance projects undertaken by the Town may adversely impact any work of art in the Town collection the PAB is to be notified in advance of the work commencing. A plan to protect and preserve the likely to be impacted works of art is to be Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 18 of 38 developed, in conjunction with the representative of the curatorial support services provider, and approved by the PAB prior to work commencing. iv. Implementation 1. Maintenance Plan Implementation. The Department of Public Works staff, Parks Division staff and the representative of the curatorial support services provider will monitor the AIPP maintenance plan and will report to the PAB annually, or more often if needed, on the status of art work maintenance. The Department of Public Works staff and the representative of the curatorial support services provider will monitor and report to the PAB on quality control, evaluation and corrective maintenance actions carried out under the approved plan. 2. Funding. Funding for maintenance will be established through a budget developed annually by the Department of Public Works and Parks Division staff and presented to the PAB in November. Funds for maintenance may come from the AIPP reserve account or be a line item in the appropriate Town department’s annual operating budget. Maintenance funding of works of art in the permanent Town collection will take precedent over new art purchases. 3. Contract Services. Contracts with paid professionals/craftspeople will follow established Town guidelines and will be handled through the appropriate Town department. 4. Quality Control. The PAB believes in regulating the quality of maintenance to an established standard. Therefore the PAB will work over time to collect and assimilate maintenance data pertinent to the various types of works of art in the Town’s collection (e.g. Lacquer vs. waxing, annual vs. biannual maintenance, professional vs. trained volunteer, etc.) The PAB, the representative of the curatorial support services provider, and Public Works Department staff will use this data to develop specific quality standards and devise ways to measure if the standards are met. Once established, the standards will be used to collect relevant data, analyze that data, and create corrective action plans as needed. The Public Works Department staff will identify specific areas of comparison (e.g. using multiple contractors and comparing the results of their work) and documenting specific maintenance challenges and failures (and their solutions). 5. Policy Review. Annually, in November, PAB members, and/or the Director of Public Works will recommend changes to the AIPP Maintenance guidelines to the PAB. 6. Attachments. Samples of forms to be used to implement the AIPP program are to be found in the Appendix section of these guidelines and may be modified by the PAB as needed during the annual guidelines review process. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 19 of 38 p. PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW) i. Goal The goal of this policy is to develop a framework for the consideration of works of art that will enhance the community and the travel corridor of the ROW. The guidelines do not rule out any particular application, as every installation should be weighed in relation to the location, the factors noted below, as well as the other impact values. Leadership for consideration of all projects and installations rests primarily with the Town of Estes Park PAB. Staff liaison support is provided through the Public Works Department and in cases that impact the ROW, Public Works will guide the process of securing collaborative support from other Town departments as well as from other governmental agencies (i.e. CDOT, etc.). Public Works can and will provide support, professional expertise, and advisement as needed for installations selected by the PAB. Primary contact will be through the Public Works Director and any staff member who will be supporting the project(s). In installations that involve CDOT ROW, Public Works will develop a plan to address the separate contracts, review, and inspection requirements necessary with these projects; this may include cost considerations for project management if the size of the installation is large. The Town of Estes Park utilizes the Manual of Uniform Traffic Control Devices (MUTCD) when determining uses, signage, visual sightline requirements, and other issues that impact the ROW. The MUTCD is nationally accepted as the primary standard for these requirements. ii. Installations Adjoining The ROW When considering installations along the ROW the following factors shall be considered by Public Works in making a determination about a particular installation. 1. ADA requirements. a. For example: does the installation impact the egress of handicapped individuals? 2. Impact on flow of pedestrians, bicycles, or traffic. a. For example: does the installation cause undue interruption of the flow of individuals on a sidewalk or cross walk? 3. Safety Impacts. 4. Maintenance requirements/modifications that may be created by the installation. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 20 of 38 iii. Installations Within The ROW When considering installations in the ROW the following factors must be considered and resolved collaboratively with all stakeholders, with Public Works making a final determination about a particular installation. 1. ADA requirements. 2. Impact on flow of pedestrians, bicycles, or traffic. 3. Maintenance requirements that may be created by the installation. 4. Safety impacts. a. Does the installation cause undue distraction for drivers, so that vehicles are more likely to cause accidents from slowing or disorientation? b. Does the installation cause a blockage of sightlines such that safety for drivers, pedestrians, or cyclists is compromised? i. These sightlines will be different in each installation so size may be a factor at certain locations. For example in an installation at a traditional intersection location close to the sightlines at the corners may create a significant hazard; or within roundabout installations that create blind spots for drivers related to pedestrians will create a significant hazard. ii. Height of installations is not generally an issue except when a foundation structure is required that may limit visibility for pedestrians in wheelchairs or may cause drivers to “rubber neck” for better viewing. c. When installations are within the ROW project planners must be sensitive to works of art that may draw pedestrians into the traffic flow for viewing. In roundabout situations this is a critical factor as these traffic designs are developed to keep speeds relatively high and do not have clear locations for drivers to stop, generally roundabout islands are not designed in such a manner as to accommodate pedestrian traffic. If a work of art is designed into a roundabout prior to construction it may be possible to create and place design elements that can accommodate these issues. It is also recommended that placement of recognition for works of art (artist signatures, plaques describing the work of art, etc.) are placed outside of the roundabouts flow of traffic versus on the island itself. Approved: _____________________________ Frank Lancaster, Town Administrator Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 21 of 38 _____________ Date Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 22 of 38 APPENDIX 1 - FORMS a. Contract for Commission of Artwork CONTRACT FOR COMMISSION OF ARTWORK ESTES PARK, COLORADO This Agreement is entered into this (day, month, year) by and between the Town of Estes Park, Colorado (herein after called “the Town”) and (artist’s full name) (hereinafter called “the Artist”). Recitals In con junction with (project name), the Town has allocated funding from the Art In Public Places program reserve fund in the amount of $_______ to acquire artwork which will be created and installed in (location). This agreement is for artwork to be installed (location description). The Artist was selected through a competitive process by the Parks Advisory Board. Based on these foregoing recitals and the terms and conditions set forth herein, THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. SCOPE OF SERVICES 1.1 Artist’s Responsibility A. The Artist shall perform all services and be responsible for all expenses, materials, supplies, and equipment necessary to design, fabricate, deliver, and install Artwork consisting of _______________ (description of the artwork)__________________. B. The Artist’s services shall be performed in a professional, timely, and workmanlike manner and in strict compliance with all terms and conditions in this Agreement. The Artist is responsible for all costs, expenses, and fees associated with the design, engineering, fabrication, installation, lighting, site visits, and insurance of the Artwork. C. The Artist shall coordinate the installation of the Artwork with the Town. The Artist agrees to repair and/or replace any damage caused by the Artwork installation at his expense, whether caused by the Artist or by anyone the Artist engages to assist him, to the satisfaction of the Town’s designated representative (“Town Representative”), as set forth in this Agreement. The person designated as “Town Representative” is the Chairperson of the Parks Advisory Board. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 23 of 38 D. The Artist is an independent contractor and not an agent or employee of the Town. E. The Artist shall secure any necessary engineering work and is responsible for all site preparation. F. The Artist will provide the concrete foundation on which the sculpture will sit. G. In performance of the work described herein, the Artist shall comply with all applicable federal, State and Town laws, rules, and regulations, including but not limited to, applicable copyright, building and life, health and safety codes. H. The Artist shall indemnify and hold the Town harmless from any damage or injury claims made by a third party(ies) arising during the installation process and caused, or claimed to be caused by such process, including harm to himself, to others including the public, or to the Artwork. I. The Artist shall provide the Town with written instructions for the maintenance, care, and up keep of the Artwork, with a description of all materials used, and a Certificate of Authenticity for the Artwork. J. The Artist is solely responsible for the compensation and for the work of every contractor and other person he engages to assist him in discharging the duties under this Agreement. The Artist agrees to engage no person without providing adequate worker’s compensation insurance, in amounts required by Colorado law. K. The Artist shall secure and provide insurance for the on-site installation period in amounts and limits specified in this section. The Artist shall provide the Town Risk Manager with a certificate of liability insurance which addresses the period of on-site installation, and includes the following: (1) The policy must be an occurrence form; the coverage amount shall be $1,000,000 for products/completed operations hazard(s); the Comprehensive General Liability insurance shall have combined single limits of $1,000,000 per occurrence; and the policy shall not be cancelled, terminated nor not renewed without first giving 30 days advance written notice to the Town Risk Manager; (2) Neither this Agreement nor an insurance policy issued as required by this Agreement shall be understood to waive or diminish the effect of the Colorado Governmental Immunity Act protections enjoyed by the Town. 1.2 Town’s Responsibility A. The Town will provide the Artist access to the site for installation of the Artwork. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 24 of 38 B. The Town will provide payment to the Artist in a timely fashion as outlines in the Payment Schedule in Article 6 of the Agreement. C. The Town will secure any and all required licenses, permits, and similar legal authorizations, at no expense to the Artist, as may be necessary for the installation. D. The Town will designate a representative (see Article 1, Section 1.1 C above) with whom the Artist should communicate and coordinate when necessary, and the Town Representative has the authority to make decisions for the Town with regard to the matters described herein, including, but not limited to inspection of any work in progress at the Artist’s studio or fabrication location, determining substantial and final completion of the Artwork, approving payments to the Artist, approving and coordinating installation. E. The Town will provide, at no charge to Artist, a plaque on or near the Artwork identifying the Artist and Title of the Artwork. ARTICLE 2. DESIGN CHANGES A. Final Design Proposal – Following execution of this contract, the Artist will, in consultation with Town staff when necessary, develop his original proposal into a Final Design Proposal which includes: 1.) A working drawing or rendition of the proposed Artwork and the site, and a description of the materials to be used in the artwork; and 2.) Cost estimates for the design, fabrication, engineering, transportation, installation, and insurance. The Parks Advisory Board, or a committee thereof, shall review and approve the final design prior to execution. B. Any significant change to the design of the Artwork, as approved pursuant to Article 2, Section 2.1 above, must be approved in writing by the Town. The Artist shall provide proposed changes in writing or graphic communication to the Town for review and approval. A significant change is considered to be any alteration which materially affects the approved design or installation. Minor changes do not require written approval. ARTICLE 3. COMPLETION DATE The Artist agrees to complete, deliver, and install the Artwork no later than (month, day, year). Liquidated Damages: If the Artist fails to complete the on-site installation of the Artwork by (month, day, year), a late fee of $100 per day will be levied, beginning on (month, day, year), and continuing at $100 per day for every day until the day the Artwork is successfully installed. This late fee will be deducted from the final payment due to the Artist. This late fee shall not apply to delays caused by the Town or acts of God. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 25 of 38 ARTICLE 4. ACCEPTANCE OF THE ARTWORK The Artwork will be deemed to be accepted by the Town after the following requirements have been satisfied: 1. The Artwork is completed, delivered, and installed in accordance with this Agreement and the approved design, and the Town has verified this; and 2. The Artist has delivered to the Parks Advisory Board the following: a. An executed bill of sale; b. Written maintenance and care instructions; and c. An original signed Certificate of Authenticity. ARTICLE 5. PAYMENT SCHEDULE The Town shall pay the Artist a fixed fee of $_________ that will constitute full and complete compensation for all services performed, materials furnished, and for the artistic value provided by the Artist under this Agreement. If the Artist is in compliance with the terms of this Agreement, then the Town will pay the Artist as follows: A. First payment of $ (30% of the total cost of the Artwork) shall be made when this Agreement is signed by both parties, recognizing that the Artist will invest time and incur expenses in preparing the designs and purchasing materials as set forth in Article 1, Section 1.1(A). No invoice from the Artist is required. B. Second payment of $ (30% of the total cost) shall be made to the Artist when the Artwork is 50% completed and reasonable proof of this, such as digital photographs, has been provided. The Artist will provide a written invoice for this payment. C. Third payment of $ (30% of the total cost) when the sculpture is completed (but prior to transport) and reasonable proof of this has been provided. The Artist will provide a written invoice for this payment and digital photographs. D. Fourth and final payment of $ (10% of the total cost) following installation and acceptance of the Artwork by the Town, as described in Article 4. The Town agrees to mail each payment described above within two (2) weeks of receiving an invoice from the Artist. ARTICLE 6. WARRANTY A. The Artist represents and warrants that the design of the Artwork is unique and solely the result of the creative efforts of the Artist, and is wholly original with the Artist and does not infringe upon or violate the rights of any third party. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 26 of 38 B. The Artist warrants that the Artwork is and shall remain free and clear of all liens, including mechanics liens and encumbrances of the Artist. C. The Artist shall not duplicate or offer the same or materially similar Artwork for sale elsewhere within a 200 mile radius of Estes Park. D. The Artist warrants that all work is performed in accordance with professional “workmanlike” standards, and fully guarantees the Artwork to be free from defective materials, products, and workmanship, for one year following the date of the Town’s final acceptance of the Artwork, as described above. During this period the Artist agrees to make necessary repairs to the Artwork, in a manner satisfactory to the Town, of any defect which is the result of faulty workmanship or materials. If within one year following the date of final acceptance, the Artist is unable or unwilling to make any necessary repairs, the Artist is responsible for reimbursing the Town for damages, expenses, or loss incurred by the Town as a result of having to complete such repairs. The Artist is not responsible for damage to the Artwork caused by vandalism, acts of God, Town employees or contractors. ARTICLE 7. COPYRIGHT A. The Artist expressly reserves the rights under common law or under the federal Copyright Act to control the making and dissemination of copies and reproductions of the Work that the court(s) in the venue of this Agreement afford to him, except as specified in Article 6 Section C. The Artist specifically agrees that the Town, and its commissions, agents, divisions, employees and officials may, without further approval from or compensation to the Artist, reproduce the Artwork graphically, in photographs, drawings, or computer generated images for any Town business, including advertising, promotions, visitor and convention activities, and economic development activities. The Town agrees that whenever appropriate such graphic reproductions of the Artwork will include the Artist’s name, in such a manner and location as will comply with U. S. copyright law. B. The Town acknowledges the existence of a 1990 federal law regarding Artist’s rights which limits the Town’s unilateral ability to modify the Artwork without advance notice to the Artist; however, the Artist agrees that the Artwork, and all components and elements thereof, are the property of the Town. The Artist agrees that after the warranty period described in 7.D. expires, the Town has the right to unilaterally, without Artist’s knowledge or consent, repair, remove, relocate, replace, sell, or store the Artwork. While it is the Town’s intent to permanently retain and maintain the Artwork as described herein, over time future citizens and Town Boards may determine that the Town should remove it or otherwise dispose of the Artwork, and the Town reserves that right. If the Town alters, modifies, or changes the Artwork, it will not thereafter represent the altered work as that of the Artist without his consent. Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 27 of 38 C. The Artist agrees to indemnify and hold the Town harmless from any and all liability arising out of the Artist’s violation or claim of violation by any person of any copyright or trademark infringement whether or not such claim(s) or suit(s) is(are) frivolous. ARTICLE 8. INDEMNIFICATION The Artist will indemnify and hold the Town harmless from all loss and liability (including attorney’s fees, court costs, and all other litigation expenses) for any infringement of the patent rights, copyright, trademark, and all intellectual property claims of any person or persons in consequence of the Town’s acceptance of the Artists work or the use by the Town, or any of its officers or agents, of articles or services supplied in the performance of the Agreement, whether or not such claim (s) is (are) frivolous. ARTICLE 9. DEATH OR INCAPACITY If the Artist becomes unable to complete the terms of this Agreement due to death or incapacitation, such death or incapacitation will not be considered a default of this Agreement on the part of the Artist; however, upon the happening of death or incapacity of the Artist, the Town is not obligated to proceed with this Agreement. In the event of incapacity, the Artist may assign the Artist’s obligations and services under this Agreement to another artist of his choosing, but only with written approval of the Town. Alternatively, the Town may terminate this Agreement. In the event of the death of the Artist, this Agreement shall terminate. The Artist’s executor shall deliver the Artwork, in whatever form and degree of completion it may be at the time, to the Town, along with all materials and supplies purchased for the Artwork’ fabrication, if not yet completed. The Town has the right to have the Artwork completed, fabricated, delivered, and installed by another artist or fabricator of their choosing; however, the Artist’s heirs shall retain the copyright to the Artwork and all rights under Article 8. ARTICLE 10. TERMINATION OF AGREEMENT The Town may terminate this Agreement if the Artist fails without cause to complete, deliver, and install the Artwork as stipulated in this Agreement. The exercise of a right to termination under this section shall be in writing and set forth the grounds for termination. If this Agreement is terminated under this section, the Artist is entitled to retain the 10% fee paid to him when the Agreement was executed, but shall return to the Town all other compensation paid to him under the terms of this Agreement within 30 days of the date of termination. If the Artist fails to return said Town funds, the Town shall have the right to take possession of the Artwork, in whatever form and degree of completion it may be at the time, and all materials and supplies purchased and obtained by the Artist for the Artwork, and the Town has the right to have the Artwork completed, Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 28 of 38 fabricated, delivered, and installed by another artist or fabricator of their choosing. However, the Artist shall retain the copyright to the Artwork and all rights under Article 7. ARTICLE 11. WRITTEN NOTICE The parties agree that any notice required by this Agreement shall be given as follows, including notice of a change of address or change in the Town Representative: Town: Artist: ARTICLE 12. ENTIRE AGREEMENT The terms and provisions of this Agreement, including attachments and any amendments, represent the entire understanding of the parties with respect to the subject matter of this contract. No representations or warranties are made by the Artist or the Town except as herein set forth. The terms of this Agreement may only be altered or modified in writing and signed by both parties. ARTICLE 13. LAW AND VENUE The laws of the Town of Estes Park, Larimer County, Colorado, shall govern this Agreement. Any action arising out of or under this Agreement shall be brought in Larimer County, Colorado. Signed: __________________________ Date Signed: ________________ __________________________ Date Signed: ________________ Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 29 of 38 b. Artwork Donation Form TOWN OF ESTES PARK PARKS ADVISORY BOARD ARTWORK DONATION FORM Thank you for your interest in donating a work of art to the Town of Estes Park. Art in public places is a vital component to the beauty and quality of life in our community. Please complete the information below to facilitate a thorough review of the proposed donation. In order to assure the highest standards, aesthetic consistency, and proper maintenance, the decision to accept the donation rests with the Parks Advisory Board, and the PAB reserves the right to move or remove the piece from the permanent collection if that becomes necessary in the future. Please attach a photograph or detailed drawing of the sculpture to this form, plus documentation authenticating the purchase price or appraised value. GENERAL INFORMATION Donor name (Individual/Organization/Business): Contact person (If different from above) Mailing Address: Phone number & e-mail address: INFORMATION ABOUT THE ARTWORK Title of the artwork: Name of the artist: Mailing address of artist: Media or materials used in artwork: Year completed: Purchase price: Current value: Dimensions: Weight: Long-term maintenance required: Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 30 of 38 Does donation include site preparation, installation costs, concrete pad or pedestal (if necessary, or does it include monies for these items? Please describe: The undersigned is the owner of the artwork, free of all liens and encumbrances, and has the right to make this agreement. The undersigned herby agrees to donate the above described art work, with the following additional conditions (if any): Donor Signature & Date: (Please print name after signature) ____________________ Return to: Town of Estes Park Attn: Parks Advisory Board 170 MacGregor Ave. P.O. Box 1200 Estes Park, CO 80517 Questions: Jen Imber (970)-577-3857 or jimber@estes.org Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 31 of 38 c. Artwork Loan Agreement TOWN OF ESTES PARK PARKS ADVISORY BOARD ARTWORK LOAN AGREEMENT Please return to: Town of Estes Park Parks Advisory Board 170 MacGregor Ave. P.O. Box 1200 Estes Park, CO 80517 Artist name: ______________________________________________________________________ Mailing Address: ______________________________________________________________________ Phone number & e-mail address: ______________________________________________________________________ Description of Artwork Artwork #1 - Title: ______________________________________________________________________ Medium: ___________________________________________ Price or Estimated Value: $ _______________ Dimensions (h-w-d): ______________________________ Weight: lbs. _______________________________ Artwork #2 - Title: ______________________________________________________________________ Medium: ___________________________________________ Price or Estimated Value: $ _______________ Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 32 of 38 Dimensions (h-w-d): ______________________________ Weight: lbs. _______________________________ Artwork #3 - Title: ______________________________________________________________________ Medium: ___________________________________________ Price or Estimated Value: $ _______________ Dimensions (h-w-d): ______________________________ Weight: lbs. _______________________________ I give the Town permission to photograph my art for temporary display on the Town’s website: Yes ___ No ___ Will hanging art require special installation or equipment other than regular wall hooks? Yes ___ No ___ Dates of exhibit are: _____________________________________________________ The artist understands and agrees to the terms and conditions contained in the Art In Public Places Guidelines for Temporary Public Works of Art. Exhibits attached to or printed on the opposite side of this agreement. The artist understands that any insurance payment that might be made will be based upon an appraised value rather than a declared value. The artist also understands that the Town’s financial liability is limited to not more than $3,000 per piece of art, in the event of total loss or theft of the artwork. This constitutes the entire agreement between the parties. Artist’s Signature & Date (Please print name after signature) ------ FOR PARKS ADVISORY BOARD USE ONLY ----- Document and Procedures: Location: ___ Signed Agreement ___ Town Hall ___ Other Location ____________________________________________________ ___ Photograph of each piece for insurance (PAB) ___ Insurance information to Risk Management Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 33 of 38 d. Request for Proposals TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM REQUEST FOR PROPOSALS (______________________ project description_____________________) Site Description ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ___________ Scope and Project Description The Town of Estes Park Art In Public Places program enriches our community through public exposure to the arts. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination, not only for its natural beauty, but also for its vibrant arts scene. This public art project will be commissioned for (location description). The Town of Estes Park Parks Advisory Board will utilize (outside funding source if any) and the AIPP Reserve Fund to (project description). The artwork will serve as (purpose description). The scale of the art should be set according to the scale of the site. The artist will be required to carry general liability insurance in the amount of $ (amount). Eligibility The project is open to any professional artist with demonstrated experience in creating signature artwork. Selection Process From this Call, an Artist may be selected directly from the initial applications or the artwork selection panel may elect to interview a limited number of finalists from among the initial applications based upon their conceptual drawings. ARTIST’S RENDERING OF PROJECT Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 34 of 38 • If multiple semi-finalists are selected, each semi-finalist will present a scaled maquette (sculpture pieces), or scale rendering (non-sculpture pieces), for the panel’s review. Semi-finalists may be required to develop more specific preliminary proposals prior to final selections. If so, a stipend will be paid. • A detailed budget will be required of artists selected as semi-finalists. The detailed budget must include all expenditures in connection with the execution of the project. (Prior to submitting a proposal, it is recommended that artists prepare such a budget to ensure the project can be executed as presented.) • One artist will ultimately be selected to develop their design, fabricate and install the artwork. • Artwork Selection Panel: Members of the Town of Estes Park Parks Advisory Board, one Public Works representative, one representative of (outside funding source), one representative of the Curatorial Support Services Provider, and three Estes Park citizens will serve as jurors for the project. • Town staff will oversee operations and administer the decisions of the jury panel. Submission Requirements All applications must be submitted through the Town website to jimber@estes.org and must include: • a preliminary statement of approach for the project which communicates scope and scale • previous accomplishment(s) with public art pieces of similar appropriate scale as shown in five-ten images of artwork completed within the past five years. • the Artist’s conceptual image for the site, which must communicate the scope and scale of the submitted project: Maximum number of conceptual images: 3 • 3 professional references Selection Criteria The primary criteria for selection: • Scope of Proposal: Does the proposal show an understanding of the project objective, appropriate scale and desired results? Does the artwork represent history/spirit of the Town? • Assigned Personnel: Do the person(s) working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? • Availability: Can the work be completed in the contracted time and on-budget? Timeline All applications must be submitted through the Town website by (month, day, year). Final completion date will be determined jointly by the Artist and the Parks Advisory Board; however, the project must be started shortly after the contract has been awarded. Budget A maximum of $ (amount) has been allocated for the artwork to include all design, fabrication, insurance, installation, travel, contingency and incidental costs. The Town Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 35 of 38 of Estes Park reserves the right to withdraw from the project prior to such time as a contract is formally entered into with the Artist. Contract provisions will apply subsequent to the agreement to such by both parties. Submission and Contact Information Jen Imber, Administrative Assistant Public Works Department 170 MacGregor Ave. P.O. Box 1200 Estes Park, CO 80517 (970) 577-3587 jimber@estes.org Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 36 of 38 e. Curatorial Support Services Provider Agreement TOWN OF ESTES PARK, PARKS ADVISORY BOARD CURATORIAL SUPPORT SERVICES PROVIDER AGREEMENT Please return to: Town of Estes Park Parks Advisory Board 170 MacGregor Ave. P.O. Box 1200 Estes Park, CO 80517 Name of Organization: ______________________________________________________________________ Mailing Address: ______________________________________________________________________ Contact Person: ______________________________________________________________________ Phone number & e-mail address: ______________________________________________________________________ Description of Services The curatorial support services provider shall maintain a detailed record of all art in public places in the Town of Estes Park Collection to include but not limited to: 1. Accession Number 2. Title of The Art Work 3. Name and Contact Information For The Artist 4. Name and Contact Information For Donor of Art Work (if donated) 5. Cost of Art Work 6. Date of Installation of Art Work 7. Photographs of Art Works (from multiple angles for three dimensional pieces) 8. Photographs of Plaques Associated With Art Work 9. GPS Coordinates For Location of Art Work 10. Design Renderings 11. Site Drawings/Photographs (including landscaping elements) 12. Names and Contact Information For Architects Where Applicable 13. Maintenance Requirements, Schedules and Documentation Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 37 of 38 14. List and Contact Information for Qualified Maintenance Providers 15. Any Other Record Requested By The Parks Advisory Board The Curatorial Support Services Provider shall be reimbursed for actual expenses incurred as expenses of curatorial support subject to annual budgetary limits approved by the Town Board of Trustees. The Curatorial Support Services Provider shall serve as an ex-officio and non-voting member of the Parks Advisory Board. They shall perform such duties as defined above and as set forth in the Art In Public Places Guidelines. __________________________________________________________________ Curatorial Support Services Provider’s Signature & Date (Please print name after signature) Art in Public Places Draft 1 5/7/15 Revisions: 0 Town of Estes Park, Public Works Page 38 of 38 Local Marketing District Interview Committee Appointments Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: May 8, 2015 RE: Interview Committee for the Local Marketing District Appointment Objective: To appoint Town Board members to the interview committee for the one position open on the Local Marketing District Board. Present Situation: The Local Marketing District Board is currently made up of seven volunteer community members with five appointed by the Town and two appointed by the County Commissioners. The Board currently has one Town position open with Lynette Lott moving outside of the Estes valley. The open position would complete Ms. Lott’s term expiring on December 31, 2015 and a 4-year term expiring December 31, 2019. Administrative Services has posted the position and will accept applications through May 15, 2015. Proposal: Per Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, Mayor Pinkham has requested the Board discuss the appointments at the Study Session prior to the Town Board and bring forward a recommendation to the Board meeting for approval. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview panel for the Local Marketing District board opening. Trustees interested in serving would be identified at the Study Session and recommended for Board approval at the Town Board meeting. Budget: None. Level of Public Interest. Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Local Marketing District Board interview panel. 1    TOWN OF ESTES PARK EXECUTIVE SESSION PROCEDURE May 12, 2015 Executive Sessions may only occur during a regular or special meeting of the Town Board. Limited Purposes. Adoption of any proposed policy, position, resolution, or formal action shall not occur at any executive session. Procedure. Prior to the time the Board convenes in executive session, the Mayor shall announce the topic of discussion in the executive session and identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, including the specific statutory citation as enumerated below. Prior to entering into an executive session, the Mayor shall state whether or not any formal action and/or discussion shall be taken by the Town Board following the executive session. 1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - Section 24-6-402(4}(a}, C.RS. 2. For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS. 3. For discussion of a matter required to be kept confidential by federal or state law, rule, or regulation - Section 24-6-402(4}(c}, C.RS. 4. For discussion of specialized details of security arrangements or investigations Section 24-6-402(4}(d}, C.RS. 5. For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24-6-402(4}(e}, C.RS. 6. For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees. 7. For consideration of any documents protected by the mandatory non- disclosure provision of the Colorado Open Records Act - Section 24-6-402(4}(g}, C.RS. 2    Electronic Recording. A record of the actual contents of the discussion during an executive session shall be made by electronic recording. If electronic recording equipment is not available or malfunctions, written minutes of the executive session shall be taken and kept by the Town Clerk, if present, or if not present, by the Mayor. The electronic recording or minutes, if any, of the executive session must state the specific statutory provision authorizing the executive session. The electronic recording or minutes, if any, of the executive session shall be kept by the Town Clerk unless the Town Clerk was the subject of the executive session or did not participate in the executive session, in which event, the record of the executive session shall be maintained by the Mayor. If written minutes of the executive session are kept, the Mayor shall attest in writing that the written minutes substantially reflect the substance of the discussion during the executive session and such minutes shall be approved by the Board at a subsequent executive session. If, in the opinion of the attorney who is representing the Board, and who is present at the executive session, "all or a portion" of the discussion constitutes attorney-client privileged communications: 1. No record shall be kept of this part of the discussion. 2. If written minutes are taken, the minutes shall contain a signed statement from the attorney attesting that the unrecorded portion of the executive session constituted, in the attorney's opinion, privileged attorney-client communications. The minutes must also include a signed statement from the Mayor attesting that the discussion in the unrecorded portion of the session was confined to the topic or topics for which the executive session is authorized pursuant to the Open Meetings Law. Executive Session Motion Format. Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of the statutory provision authorizing the executive session. THEREFORE, I MOVE TO GO INTO EXECUTIVE SESSION: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.RS. Section 24-6-402(4)(b) – Litigation. X For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.RS. Section 24-6-402(4)(e) – Town Administrator Contract. 3    To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.RS. Section 24-6-402(4)(a). For discussion of a personnel matter - Section 24-6-402(4)(f), C.RS. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. For discussion of a matter required to be kept confidential by the following federal or state law, rule or regulation: under C.RS. Section 246-402(4)(c). For discussion of specialized details of security arrangements or investigations under C.RS. Section 24-6-402(4)(d). For consideration of documents protected by the mandatory nondisclosure provisions of the Open Records Act under C.RS. Section 24-6-402(4)(g). AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES (The Mayor may ask the Town Attorney to provide the details): . The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum present. Retention of Electronic Recording or Minutes. Pursuant to Section 24-6-402(2)(d.5)(II)(E) C.RS., the Town Clerk shall retain the electronic recording or minutes for ninety (90) days. Following the ninety (90) day period, the recording or the minutes shall be destroyed unless during the ninety (90) day period a request for inspection of the record has been made pursuant to Section 24- 72204(5.5) C.RS. If written minutes are taken for an executive session, the minutes shall be approved and/or amended at the next executive session of the Town Board. In the event that the next executive session occurs more than ninety (90) days after the executive session, the minutes shall be maintained until they are approved and/or amended at the next executive session and then immediately destroyed. 4    ANNOUNCEMENT ANNOUNCEMENT SHALL BE MADE BY THE MAYOR AT THE BEGINNING OF THE EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO ADVISED BY THE TOWN ATTORNEY. It is Tuesday, May 12,, 2015 , and the time is (state the time) p.m. For the Record, I am Bill Pinkham , the Mayor (or Mayor ProTern) of the Board of Trustees. As required by the Open Meetings Law, this executive session under C.RS. Section 24-6-402(4)(e) is being electronically recorded. Also present at this executive session are the following person(s): Mayor Pro Tern Koenig. Trustees Ward Nelson. John Ericson, Bob Holcomb. Ron Norris. and John Phipps; and Town Administrator Lancaster, Town Attorney White, Town Clerk Williamson. (Also include any others who will be present for the executive session in the announcement). This is an executive session for the following purpose of: For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.RS. Section 24-6-402(4)(e) – Town Administrator Contract. I caution each participant to confine all discussion to the stated purpose of the executive session, and that no formal action may occur in the executive session. If at any point in the executive session any participant believes that the discussion is outside of the proper scope of the executive session, please interrupt the discussion and make an objection. The close of the executive session is in the Mayor's discretion and does not require a motion for adjournment of the executive session. The Mayor shall close the executive session by stating the time and return to the open meeting. After the return to the open session, the Mayor shall state that the Town Board is in open session and whether or not any formal action and/or discussion shall be taken by the Town Board.