HomeMy WebLinkAboutPACKET Town Board 2015-11-10The 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, November 10, 2015
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
RESOLUTION OF RESPECT: Former Town Administrator Dale Hill.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated October 27, 2015, Town Board Study Session Minutes
dated October 27, 2015 and Town Board Budget Study Session Minutes dated
October 9, 16 and 21, 2015.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services Committee, October 22, 2015.
4. Estes Park Board of Appeals Minutes dated October 1, 2015 (acknowledgement
only).
5. Estes Valley Board of Adjustment Minutes dated September 1, 2015
(acknowledgement only).
6. Estes Valley Library District Board Appointments:
John Krueger - 4-year term beginning January 1, 2016 and expiring on
December 31, 2019.
Bill Gerritz to complete Peter Plaut’s term ending December 31, 2016.
Prepared 11/1/15
*Revised: 11/05/15
** Revised 11/06/15
**
**
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
2. ACTION ITEMS:
1. PUBLIC HEARING – 2016 BUDGET. Finance Officer McFarland.
2016 Strategic Plan.
Continue Public Hearing and Board Action on November 24, 2015.
2. BROADBAND GRANT APPLICATION TO DOLA FOR ENGINEERING. Manager
Fraundorf.
3. TRANSIT PARKING FACILITY FEE WAIVER. Planner Kleisler.
4. FALL RIVER HYDROPLANT AND UPPER FISH HATCHERY REACHES,
STABILIZATION PROJECT – PROFESSIONAL SERVICES CONTRACT AND
DESIGN-BUILD CONTRACT. Planner Kurtz.
5. CONSTRUCTION CONTRACT FOR FALL RIVER HYDROPLANT AND UPPER
FISH HATCHERY REACHES, STABILIZATION PROJECT. Planner Kurtz.
6. ADDITION OF A PAYROLL TECHNICIAN. Finance Officer McFarland.
7. RESOLUTION #17-15 SUPPORT FOR THE USE OF LARIMER COUNTY MILL
LEVY FUNDS FOR INTERSTATE 25 (I-25) IMPROVEMENTS. Administrator
Lancaster.
8. REALLOCATE COMMUNITY REINVESTMENT FUNDS FOR THE MUSEUM
COLLECTIONS FACILITY TO MUSEUM RENOVATIONS. Assistant Town
Administrator Machalek.
9. SCOTT PONDS NATURAL AREA DAMS MODIFICATION CONSTRUCTION
CONTRACT AWARD. Manager Ash.
10. DOWNTOWN PLAN STEERING COMMITTEE INTERVIEW PANEL SELECTION.
Town Clerk Williamson.
11. LOCAL MARKETING DISTRICT BOARD INTERVIEW PANEL SELECTION. Town
Clerk Williamson.
3. ADJOURN.
*
*
Town of Estes Park, Larimer County, Colorado, October 27, 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 27th day of October 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
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION:
Mayor Pinkham proclaimed November 12, 2015 as National Philanthropy Day.
PUBLIC COMMENTS.
John Cullen/Stanley Hotel Owner provided an update on the activities at the hotel,
including 90% reroofing of all buildings, new gutters, pavilion to be open August 2016,
Stanley maze, and parking lots to be redone to include ADA access. The hotel
partnered with Go NoCo for funding through the Regional Tourism Act (RTA) for the
Stanley Film Center, a $24 million project with an $11 million gap in funding. The
Stanley should have a response on the RTA funding by November 12th. The Lot 4
residence building continues to move forward with the roads, landscaping and sidewalks
being completed. The building currently consists of 46 rooms on the second and third
floor with a completion date of April 28th. As the hospital has not raised the necessary
funds to build the Wellness Center, Mr. Cullen has proposed adding the facilities to the
first floor of the building and adding an additional level to the southern portion of the
building for the Wellness Center with a 99 year lease to the hospital. The project would
be a joint venture with the hospital, Stanley Hotel and the Colorado State University. In
order to meet the bank commitment of May 1st delivery and the change order request to
the builder by December 18th, the Stanley Hotel requested an expedited review of the
project by the Town for approvals to a height variance and approval of a Special Review
for the change in use.
Mayor Pro Tem Koenig questioned if the hospital has approved the concept of moving
the Wellness Center into the Stanley Hotel building on Lot 4 rather than a stand-alone
building. Diana Van Der Ploeg/Park Hospital District Board President stated this not the
direction the hospital wanted but is excited about the opportunity to move forward with
the Wellness Center and partnering with the Stanley Hotel. The new opportunity would
allow the hospital to provided programming options to the community that would not
have otherwise been available. A Memorandum of Understanding was approved and
signed by the Board.
TRUSTEE COMMENTS.
Trustee Norris commented Visit Estes Park has a county seat open on the Board of
Directors. The pothole truck continues to fill holes around town and has completed
Board of Trustees – October 27, 2015 – Page 2
1870 to date. The Estes Valley Community Garden ground breaking would take place
on November 6, 2015.
Trustee Phipps reminded the community of the joint study session between the County
Commissioners and the Town Board on November 9, 2015 to discuss vacation rentals.
The Estes Valley Planning Commission would review the proposed changes at their
November 17, 2015 meeting and public comment would be heard.
Trustee Ericson stated the coordinated election would be held on November 3, 2015
and encouraged the voters to participate in the process and return their mail ballots by 7
p.m. He spoke in support of the Estes Valley Recreation and Park District Board Ballot
Issues 4C and 4D for the Community Center. On November 2, 2015 a study session
would be held to receive Avalanche’s final economic development report.
Mayor Pinkham informed the public that former and first Town Administrator Dale Hill
passed away at the age of 92. A formal Resolution of Respect would be presented at
the November 10, 2015 meeting.
TOWN ADMINISTRATOR REPORT.
Policy Governance Policy 3.3 Financial Planning and Budgeting – Administrator
Lancaster reported full compliance with the exception of 3.3.5. He stated the Town
would likely expend more funds than the Town would receive in the fiscal year due to
considerable flood recovery work being completed in the fourth quarter of 2015. The
fund balance in the General Fund may fall below the 25% level set by the Board due to
use of the fund for emergency flood recovery expenditures.
Updates:
- Glacier Creek Water Treatment Plant – The raw water valve was replaced in house
saving the Water department approximately $30,000.
- A pre-application meeting was held with Safeway to expand the store to the east
by approximately 11,000 sq. ft. with a completion date prior to the 2016 summer
season.
- Administrator Lancaster met with a group of delegates from Mongolia to discuss
tourism, being a destination community and other commonalities between the
communities.
Staff requested the Board provided direction on whether or not to proceed with an
expedited development review for the proposed changes to the accommodation building
on Stanley Lot 4 as outlined by John Cullen. The review would be a Special Review
under the current code and require considerable staff overtime, contract the review out
to a third party at the cost of the applicant, and push back and delay any other
development plan applications in order to meet the Stanley’s December 18, 2015
deadline for approvals. The Stanley faces financing issues and the need for the
building to be completed in April 2016. Board discussion on the item followed: Mayor
Pro Tem Koenig and Trustee Holcomb stated support for the process because the
Stanley responded to the hospital’s need to accommodate the Wellness Center within
the current accommodation building under construction; Trustee Phipps expressed
concern with the burden that would be placed on staff; and Trustee Nelson and Ericson
commented that wellness has been identified as an important issue to the community.
Staff stated other projects such as the Downtown Plan and Comprehensive Plan update
would have to be delayed during the expedited review.
1. CONSENT AGENDA:
1. Town Board Minutes dated October 13, 2015 and Town Board Study Session
Minutes dated October 13, 2015.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities & Public Works Committee, October 8, 2015.
Board of Trustees – October 27, 2015 – Page 3
1. Light and Power Building Remodel Contract - B&E Builders, Inc.,
$159,524.55 – Budgeted.
4. Transportation Advisory Board Minutes dated September 17, 2015
(acknowledgement only).
5. Parks Advisory Board Minutes dated September 18, 2015 (acknowledgement
only).
It was moved and seconded (Koenig/Holcomb) to approve the Consent Agenda
Items, and it passed unanimously.
2. REPORT AND DISCUSSION ITEMS (Outside Entities):
1. SMALL BUSINESS RECOVERY FUND FINAL REPORT. Gordon
Thibedeau/United Way of Larimer County presented the Town Board with the
final report for the Small Business Recovery Fund. The $1.25 million in funding
provided assistance to 49 businesses with 44 still open, and retained 329 jobs
and added 71 jobs to businesses affected by the 2013 flood.
3. LIQUOR ITEMS:
1. RENEWAL LICENSE – MURPHY'S RESORT AT ESTES PARK, LLC DBA
MURPHY'S RESORT, 1650 BIG THOMPSON AVENUE, ESTES PARK, CO,
BEER & WINE LIQUOR LICENSE. Town Clerk Williamson stated the renewal
has been forwarded to the Town Board for review because an employee of the
liquor license establishment served to an underage person during a compliance
check conducted on September 14, 2015. The violation was handled by the
State Liquor Enforcement Division and a Stipulation Agreement continues to be
negotiated. The licensee has sent employees to T.I.P.S. training and the
employee that served was T.I.P.S trained. The licensee was present stating
the employee in question was fired immediately and have discussed the
violation with the other employees. It was moved and seconded
(Norris/Holcomb) to approve the renewal application for Murphy's Resort at
Estes Park, LLC dba Murphy's Resort, 1650 Big Thompson Avenue, Estes
Park, CO, Beer & Wine Liquor License, and it passed unanimously.
2. RENEWAL LICENSE – BOWL FORT COLLINS LLC DBA CHIPPERS LANES
ESTES PARK CENTER, 555 S. ST. VRAIN AVENUE TAVERN LIQUOR
LICENSE. Town Clerk Williamson stated the renewal has been forwarded to
the Town Board for review because an employee of the liquor license
establishment served to an underage person during a compliance check
conducted on August 24, 2015. The violation was handled by the State Liquor
Enforcement Division and a Stipulation Agreement was negotiated. The
licensee has sent employees to T.I.P.S. training and the employee that served
was T.I.P.S trained. The licensee was present stating the employee in question
was fired immediately and have discussed the violation with the other
employees. Matt Hoeven/Owner stated he has five other licenses in Colorado
and has never had a violation at his other locations. Chippers would continue
to educate it staff and provide incentives to its employees to id and follow all
liquor laws. It was moved and seconded (Koenig/Phipps) to approve the
renewal application for Bowl Fort Collins LLC dba Chippers Lanes Estes
Park Center, 555 S. St. Vrain Avenue, Tavern Liquor License, and it passed
unanimously.
3. RENEWAL LICENSE – CABLES ESTES, LLC, DBA CABLES PUB & GRILL,
451 S. ST. VRAIN AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE.
Town Clerk Williamson stated the renewal has been forwarded to the Town
Board for review because an employee of the liquor license establishment
served to an underage person during a compliance check conducted on
September 14, 2015. The violation was handled by the State Liquor
Board of Trustees – October 27, 2015 – Page 4
Enforcement Division and a Stipulation Agreement continues to be negotiated.
The licensee has sent employees to T.I.P.S. training and the employee that
served was T.I.P.S trained. The licensee was present stating the employee in
question was fired immediately as they neglected to follow the company’s
policy to ask for id from all patrons. It was moved and seconded
(Koenig/Norris) to approve the renewal application for Cables Estes, LLC,
dba Cables Pub & Grill, 451 S. St. Vrain Avenue, Hotel & Restaurant
License, and it passed unanimously.
4. TRANSFER OF OWNERSHIP – FROM STANLEY VILLAGE SHOPPING
CENTER, LLC TO VILLAGE WOOD FIRED PIZZA LLC, DBA THE VILLAGE,
543 BIG THOMPSON AVENUE, BEER & WINE LIQUOR LICENSE. Town
Clerk Williamson presented the application to transfer the current Beer and
Wine liquor license. All required paperwork and fees were submitted and a
temporary was issued on August 25, 2015. T.I.P.S. training has not been
schedule. The policy requires everyone to be T.I.P.S. trained and to id all
patrons. Id scanners will be used by the servers in the future. It was moved
and seconded (Holcomb/Norris) to approve the transfer from Stanley
Village Shopping Center, LLC to Village Wood Fired Pizza LLC, dba The
Village, 543 Big Thompson Avenue, Beer & Wine Liquor License, and it
passed unanimously.
4. ACTION ITEMS:
1. PUBLIC HEARING – GRANT CLOSE OUT FOR FISH CREEK UTILITIES,
WINDCLIFF UTILITIES, AND FISH CREEK RESILIENCY PLAN CDBG-DR
GRANTS. Mayor Pinkham opened a public hearing for each of the three grant
agreements for HUD Community Development Block Grant – Disaster
Recovery (CDBG-DR) funded projects.
Permanent repairs of utilities infrastructure located in the Windcliff
subdivision. CDBG-DR supported the Town’s 12.5% cost share portion of
FEMA funding with a grant award of $31,996. The grant supported
engineering and construction. The Light & Power crew rerouted the
underground power to a less steep area; therefore, mitigating future
landslides from heavy rains. Hearing no comments Mayor Pinkham closed
the public hearing.
Permanent repairs of utilities infrastructure on Fish Creek. CDBG-DR
supported the Town’s 12.5% cost share portion of FEMA funding with a
grant award of $172,757 and an additional grant award of $27,000 for a total
of $199,757. The project included repairs of the Town’s water and electrical
lines within the Fish Creek corridor project. The construction began January
2015 and has not been completed. The project was a collaboration with
Larimer County, Upper Thompson Sanitation District, Estes Valley
Recreation and Park District, and the Town of Estes Park. Hearing no
comments Mayor Pinkham closed the public hearing.
Fish Creek Plan for Resiliency (master plan). The $74,900 grant award
supported two task: Task 5 Conceptual Design and Management
Framework and Task 6 Prioritize Projects. The long-term plan would
address resiliency and mitigation along the Fish Creek corridor. The Town
expended $58,300 on the tasks. The additional funds from the Colorado
Water Conservation Board (SWCB) supported other tasks. Hearing no
comments Mayor Pinkham closed the public hearing.
No action was required for the public hearings to close out the projects.
2. ORDINANCE #15-15 EXTENDING INTERIM FLOODPLAIN REGULATIONS.
The proposed Ordinance would extend the provisions enacted by the adoption
of Ordinance #13-13 after the flood to allow permanent construction such as
new dwellings using the best available information at the time a building permit
and floodplain permit are reviewed. The provisions are interim measures
Board of Trustees – October 27, 2015 – Page 5
pending flood recovery mapping and/or river restoration. Ordinance #15-15
replaces Ordinance #16-14 and would take effect immediately upon adoption
by the Town Board and continue through November 8, 2016. It was moved
and seconded (Ericson/Phipps) to approve Ordinance #15-15 to extend the
temporary floodplain development requirements for development on lots
adjacent to drainages, and it passed unanimously.
3. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE ESTES VALLEY
RECREATION AND PARK DISTRICT FOR THE COMMUNITY CENTER.
Assistant Town Administrator Machalek presented an MOU establishing the
terms, conditions and obligations regarding the financing, design, construction,
ownership and operation of the Community Center between the Estes Valley
Recreation and Park District and its partners, including the Town of Estes Park,
Estes Park School District R-3, Hospital and Estes Valley Public Library. If
Ballot Issues 4C and 4D do not pass during the November 3, 2015 election, the
MOU would terminate. If the Ballot Issues are approved by the voters, the
MOU shall remain in effect until the earlier of May 31, 2016 or the execution by
all parties of a new agreement replacing the MOU outlining the full details of the
project.
Johanna Darden/Town citizen stated concern with the inclusion of the
Destination Wellness Center as a party to the agreement. The Community
Center should not be marketed to the tourist visiting the town. If the ballot
issues are passed the taxes and the use fees would be expensive for the
residents of the community.
After discussion, it was moved and seconded (Phipps/Ericson) to approve
the Memorandum of Understanding for the Estes Park Community Center
between the Estes Valley Recreation and Park District and the Town of
Estes Park contingent upon the following changes: 1) change Destination
Wellness Center to the Estes Park Medical Center throughout the
document; and 2) update all reference to Community Recreation Center to
Community Center, and it passed unanimously.
4. TRANSPORTATION ADVISORY BOARD INTERVIEW PANEL SELECTION.
Trustees Ericson and Holcomb volunteered to conduct the interviews for the
vacant position on the board. It was moved and seconded (Norris/Koenig) to
appoint Trustees Ericson and Holcomb to the Transportation Advisory
Board interview panel, and it passed unanimously.
5. DOWNTOWN PLAN STEERING COMMITTEE INTERVIEW PANEL
SELECTION. Director Chilcott requested the item be delayed because staff
would not be able to move forward with the Downtown Plan and the expedited
Stanley Lot 4 Special Review. Staff would bring the item forward to a future
Town Board meeting.
Whereupon Mayor Pinkham adjourned the meeting at 8:50 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, October 27, 2015
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of
the Town of Estes Park, Larimer County, Colorado. Meeting held at the
Town Hall Board Room in said Town of Estes Park on the 27th day of
October, 2015.
Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson,
Holcomb, Nelson, Norris and Phipps
Attending: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson,
Holcomb, Nelson, Norris and Phipps
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Attorney White, Deputy Town Clerk Deats
Absent: None
Mayor Pinkham called the meeting to order at 5:00 p.m.
LOCAL MARKETING DISTRICT (VISIT ESTES PARK) 2016 OPERATING PLAN.
Mayor Pinkham noted that Visit Estes Park (VEP) President and CEO Elizabeth Fogarty
had recently updated the Board on the organization’s activities with reports presented
during two Town Board meetings. He also noted that late in the Town’s 2016 budgeting
process, VEP approached the Town with a request for additional financial assistance for
2016 in the amount of $95,000 to be used for event marketing. The Mayor asked the
Board to review the Operating Plan prior to discussion of the financial proposal. Ms.
Fogarty and Local Marketing District (LMD) Board Chair Bill Almond were present at the
meeting to provide information and answer questions related to the 2016 Operating Plan.
Mayor Pinkham reviewed State statute and the original information that was provided to
the voters when the LMD was created which included functions such as organizing,
promoting, marketing, and managing public events, and noted that this role is missing
from VEP’s Mission, Vision, and Core Values statement. LMD Chair Almond said the
marketplace is very competitive and that the primary goal through the foreseeable future
is destination product development and management and noted that “destination” means
the Estes Valley and the entire LMD district.
Trustee Nelson spoke to philosophical issues and scope creep for VEP, noting that an
understanding of philosophical issues is needed. He said he perceives that over the past
few years, the scope of service has changed and may overlap, or potentially overlap, with
the roles and responsibilities of other businesses and organizations in town.
When asked by Trustee Ericson about VEP’s major areas of focus for 2016, Ms. Fogarty
identified the following: international tourism, regional and state tourism, implementing
touch-screen technology at the Visitors Center, wellness tourism, and emphasis on the
winter and spring seasons to create a more year ‘round economy. She also noted that
with the addition of staff at VEP, brand strategy classes for businesses and the community
will be continued and said that a program to recognize business owners and employees
who integrate brand strategies and provide exceptional services to guests will be
implemented.
Topics of discussion are summarized: what do the VEP stakeholders want or need?;
what percentage of the VEP budget goes to outside agencies (approximately 33%) and
salaries (approximately 20%); VEP staff still below pre-flood level; a new
Intergovernmental Agreement (IGA) between the Town and VEP will be drafted; a Service
Level Agreement (SLA) will also be drafted to define roles and responsibilities as it
pertains to, and is compatible with, the IGA; the estimated revenues appear to be
conservative; deficiency of revenue over expenses is not a good trend; LMD Board
subcommittee is researching a 1% increase to the 2% lodging tax with no specific timeline
defined at this point; information in the Operating Plan is too general, not enough detail
provided; financial engine is the number of heads in beds in the community; how do you
project the number of heads in beds?; there is no yardstick to measure what kind of job
Town Board Study Session – October 27, 2015 – Page 2
VEP is doing; how do you measure performance?; and partnerships and collaboration
with the Town, Economic Development Corporation (EDC), and others, as well as the
downtown strategic plan will help to create a more positive image of Estes Park
Trustee Norris and Mayor Pro Tem Koenig, will be representing the Board at a meeting
that will be held on November 18, 2015, related to drafting of the IGA and SLA. They
requested that comments be sent to them prior to the meeting to ensure that the Board’s
questions, concerns and ideas are taken into consideration.
Mayor Pinkham initiated discussion regarding the VEP request for an additional $95,000.
Ms. Fogarty stated that the focus of VEP is destination marketing, not event marketing.
However, VEP is proposing that the Town choose VEP to market individual Town events
in 2016 by making a financial event marketing investment of $95,000. Following
discussion the Board concurred that no consideration or decision on the request would
be made until after 2015 end of year actual figures are received in February 2016.
Town Administrator Lancaster announced that there is an opening for a county position
on the LMD Board. Application deadline is November 9, 2015.
Mayor Pinkham recessed the meeting at 6:28 p.m. for a dinner break and resumed the
meeting at 6:38 p.m.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
The selection of trustees to serve on the Downtown Plan Steering Committee
interview panel will be made during the October 27th Town Board meeting.
Handicapped parking spaces on MacGregor Avenue in front of the Municipal
Building will be added this winter.
At the Town Board meeting held on October 13, 2015, the Board approved a fee
waiver in the amount of $11,308 for a water tap fee for the Habitat for Humanity
home being constructed on Kundtz Lane. The funds to reimburse the water
enterprise fund for this fee waiver will be taken from the Community Reinvestment
Fund.
FUTURE STUDY SESSION AGENDA ITEMS.
The Noise Ordinance discussion will not be held on November 10th, and will be
moved to a date in February or March of 2016.
A policy discussion related to fund balance will be held once end of year 2015
actual numbers are available, likely in February 2016.
The 2016 strategic plan will be finalized and taken directly to a Town Board
meeting for approval. Mayor Pro Tem Koenig suggested review and clarification
of the Town goals and the responsibilities and roles of the Town and other local
organizations. She said with the creation of the Economic Development
Corporation (EDC), economic issues should fall to them and the Town should
focus more on topics such as infrastructure.
Due to flood recovery work, the parking structure project, the Loop, and at the
request of Public Works staff, all discussions related to Bond Park improvements
will be postponed for a year.
A briefing on small water districts and county improvements districts will be held at
the Town Board Study Session scheduled for November 10, 2015.
The Transportation Advisory Board will present parking strategy recommendations
at the November 10th Study Session.
A discussion of the Local Preference Purchasing Policy, which remains
unscheduled, will be changed to a broader discussion of the Town’s Purchasing
Policy.
There being no further business, Mayor Pinkham adjourned the meeting at 6:50 p.m.
Cynthia Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, October 9, 2015
Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY
SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting
held at Town Hall in said Town of Estes Park on the 9th day of October,
2015.
Board: Mayor Pinkham, Trustees, Ericson, Holcomb, Koenig,
Nelson, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Finance Officer McFarland, Director Muhonen,
Manager Fraundorf and Town Clerk Williamson
Absent: None
Mayor Pinkham called the meeting to order at 8:30 a.m.
2015 BUDGET PRESENTATION
Administrator Lancaster stated the goal in developing the 2016 budget was to present
the Board with a balance budget. The 2016 budget continues to use fund balance;
however, the budget has moved in a direct of decreased spending by decreasing
funding to the IT and Vehicle Replacement funds. Staff also cut department budgets by
approximately $1.7 million to eliminate spending in 2016. The main issue continues to
be the cost of flood recovery and the timing of reimbursements. A number of ongoing
projects such as the parking garage, Moraine bridge replacement and Broadband may
have impacts the on budget that are not fully understood. The parking structure NEPA
study has been completed by the Bureau of Reclamation. Staff has identified a CSU
professor to develop a feasibility study for Broadband take rates to be completed by the
end of 2015 to assist the Town in determining if a new utility should be developed or the
Town partner in a public-private partnership. Funds have been awarded by DOLA to
provide engineering for the Moraine bridge project and develop costs. Staff has made
assumptions in the development of the budget due to the flood recovery reimbursement
uncertainty. Sales tax revenues have been strong which has aided the fund balance.
The 2016 Strategic Plan was used to develop the budget presented to the Board for
consideration.
Finance Officer McFarland commented the Town’s fund balance has gradually declined
over the recent year. Recent dips have been a direct impact of the flood recovery and
reimbursements. The Board’s policy of 25% fund balance was maintained until the
flood in which the balance dropped to 20%. Staff estimates the balance at 21% by the
end of 2015 and stabilizing in 2016 with flood recovery reimbursements. The Tabor
Town Board Budget Study Session – October 9, 2015 – Page 2
reserve is maintained in the General fund and is on top of the unrestricted fund balance
for the General fund. Three items affect the General fund, including sales tax, Event
Center revenues and personnel costs. Sales tax continues to run 10% above budget
projections. Sales tax has been budgeted with a 4% increase in 2016. The Event
Center income has a forecasted shortfall of approximately $400,000 and expected
revenues have been decreased for 2016. Personnel costs comprise 52% of the
General fund and 28% of the entire Town budget. There are $5 million in budgeted
flood expenses and accompanying reimbursements in the General fund for 2015;
however, only $2.1 million would be completed in 2015. An additional $2.9 million
would be allocated in 2016/2017 for the Fish Creek corridor. The float time between
flood expenditures and reimbursements would need to be very narrow when
construction of Fish Creek begins with approximately $2.5 million in expeditors
expected.
The General fund revenues include sales tax, transfer from Light and Power, Events
revenue, property tax, business and liquor licensing, vehicle taxes, building and sign
permit fees, Highway User Trust fund, franchise fees, and building rent. Administrator
Lancaster stated the County would propose increasing the Road and Bridge mill levy by
4-6% to fund improvements to the I-25 corridor. The mill levy is shared 50/50 with the
community in which it is collected. The County requests the Town rebate its portion of
the new tax, approximately $39,000, to be used as matching grant funds for federal
grants to improve I-25.
Trustee Ericson requested staff establish an estimated loss in revenue by not allowing
marijuana sales within Town limits. Finance Officer McFarland stated two CAST
communities have collected approximately $100,000 in revenues through July. Mayor
Pro Tem Koenig stated the implications of allowing marijuana sales should be
considered as well as the revenue benefits.
INTRA-FUND TRANSFER
The fund has been used to transfer funds from the General fund to the Community
Services funds for their operations in the past. In 2015, the Community Services funds
were added back into the General fund and transfers were eliminated. In 2016,
$520,000 would be transferred from the General fund to pay for the Certificates of
Participation (COPS) to repay the loan for the construction of the Event Center and
Pavilion buildings. An additional transfer from the General fund of $435,000 to the
Street Improvement fund would be made for street improvement projects (STIP).
Mayor Pro Tem Koenig state the STIP funds could be used to fund a storage
facility for street equipment rather than funding the sales tax account with
additional General fund dollars. Director Muhonen requested staff complete the
street assessment to determine the funds needed to bring the roads up to 70%
standards by 2025 prior to reallocating street improvement funds. The assessment
would be completed in 2015. The Street division does need a facility to store snow
plows and the pothole truck in order to run the equipment effectively in winter months.
1A sales tax funds could not be used to construct facilities for equipment.
Town Board Budget Study Session – October 9, 2015 – Page 3
Administrator Lancaster reviewed other fees such as the increase in Community
Development land use fees to enhance the services of the department. Staff continues
to review the possibility of adding a storm drainage utility to collect fees from residents
to fund planning and upgrades to the storm water drainage system. Currently Light and
Power impose a sales tax on electricity and Water does not. The Water department
could impose a sales tax. Staff has discussed the development of a strategic plan for
annexation of key retail locations to collect additional sales tax. The first order of
business continues to be identifying way to work more efficiently and eliminating waste.
Trustee Ericson stated the Town has made commitments to the voters in the past with
the establishment of the Local Marketing District and the approval of the 1A sales tax to
continue to fund the $800,000 previously earmarked for marketing into the Community
Reinvestment fund for infrastructure improvements and the $435,000 into the Street
Improvement fund. He stated concern with the Board’s credibility by not maintaining the
funding commitments, the fund balance of the Community Reinvestment fund, and the
reinvestment into infrastructure improvements.
COMMUNITY REINVESTMENT FUND
The Community Reinvestment fund serves at the Town’s capital project fund for its
governmental funds (General and Special funds). Funding comes from the General
fund, grants and Tabor excesses. Major projects for 2015 included the completion of
the Event Center, Elm Road mitigation, Conference Center roof repair, Conference
Center interior repairs paid for by insurance, Certificate of Participation (COPS)
payment and Visitor Center restroom upgrades. The Performance Park overlay has
been postponed for 2015 as the River Coalition requested additional time to develop
river channeling that may affect the elevation of the parking lot. In 2016 the fund would
continue to fund the construction of the parking structure, grant-aided electronic signs
on Hwy 36, sound dampening boards in the Event Center and COPS payment.
Revenues would include a transfer from the General fund of $520,000, $3.14 million
from parking garage grant, and grant funds for signage for a total of $3.7 million. The
fund also maintains $200,000 for the Museum storage facility. Expenses are estimated
at $5.17 million and a fund balance of $111,913 at the end of 2016.
Mayor Pinkham called a break at 10:15 a.m. and reconvened the meeting at 10:27 a.m.
EMPLOYEE COMPENSATION/BENEFITS
Eric Marburger/EMS Consulting Services was hired to complete the market salary
survey for 2016. After review of the market adjustments for the five market pay families,
staff recommends an average market adjustment of 2.3% for all position. Pay ranges
would be adjusted and employees would see a 2.3% increase as the first full paycheck
in 2016 with the exception of the sworn police personnel as they were adjusted in
September 2015.
Town Board Budget Study Session – October 9, 2015 – Page 4
The 2015 budget contains an 8% increase in medical and no increase in dental or vision
premiums. The Insurance Committee reviewed with the Town’s new benefit broker
Hays Companies the possibility of bringing back spousal coverage in 2016, and,
determined the Town would not be able to do so with the current claim history. This
issue would be reviewed on an annual basis. The Town would see a slight increase in
the fee for the Employee Assistance Program with a 7.7% increase in utilization. The
Air Ambulance service would be maintained for 2016 with membership covered by the
Medical Fund. A new benefit, Teledoc, would be added to the benefit program
providing 24/7 access to a doctor by all employees, spouses and dependents
regardless if they are on the Town’s medical plan. The Insurance Committee would
continue to investigate options to assist employees and provide a comprehensive
benefit package, research additional out-of-pocket cost mitigation tools/programs, and
continue to educate employees on how to maximize benefit offerings.
INTERNAL SERVICES FUNDS
MEDICAL
The fund maintains the medical premiums and fund balances as the Town moved to self
insurance in 2012. The fund has a balance of approximately $450,000. The Town’s
new benefit broker has stated a healthy balance would be 30% of the cost of insurance
premiums.
FLEET MAINTENANCE
To be presented at the October 16, 2015 meeting.
INFORMATION SYSTEMS TECHNOLOGY
Each department pays a fee based on the equipment the department utilizes (laptops
and computers, servers, audio and video components, software, copiers and telephone
components). The IT division would continue to update, simplify and consolidate the 1
gig network components while providing world-class support. Approximately $200,000
in IT expenses have not be allocated to other departments thereby reducing the IT fund
balance. The reduction of the IT fund balance would not be sustainable over time. The
division would collect $397,244 in fiber lease revenue. $71,000 has been budgeted for
capital purchases, including HTE financial software (Edge module), one server and
firewall/switch enhancement. The new software would allow staff to access data for
customers and staff more readily for studies such as the rate studies.
VEHICLE REPLACEMENT
The Internal Services Fund maintains a fund balance for future vehicle purchases with
approximately 100 vehicles in the fleet. In 2015, 17 vehicles were replaced at a cost of
$1.38 million. The 2016 budget contains 12 vehicles slated to be replaced at a cost of
$820,000. Three new vehicles would be added to the fund, including two L&P vehicles
and a new Cushman for the Parks Division. The fund has been identified as being
overfunded; therefore, funding has been reduced for 2016.
Town Board Budget Study Session – October 9, 2015 – Page 5
GENERAL FUND. Each fund was reviewed and requests for additional information is
noted below:
Legislative – In 2016 the budget reflects a reduction in funding for the Volunteer
Recognition program as staff would be reviewing changes to the programs.
Funds have been budgeted to purchase Netbooks for the incoming Trustees and
Mayor and to replace a laptop in the Board room.
Judicial remains flat with no material changes over 2015. The salaries for both
the Municipal Judge and the Municipal Court Clerk would be reviewed based on
market data and adjusted in 2016. Currently the two positions are adjusted on
even years with a 5% increase per the Municipal Code. Both positions would be
contract employment moving forward and the salaries adjusted annually.
Executive –The personnel and O&M budgets were reviewed and reductions
made to decrease expenses. The department would conduct a Community
Survey in 2016.
Administrative Services – A regular Municipal Election has been budgeted to
elect three Trustees and a Mayor through a mail ballot election. In lieu of
additional staffing the department has requested funding for contract labor to aid
with projects, including records retention, EPURA file organization, and day-to-
day operations. Consulting services were added to the budget to prepare a
recommendation to the Board on document management.
Finance – Personnel costs increase in 2016 with the addition of a Payroll
Technician. O&M costs decrease overall with IT costs decreasing.
Employee Benefits – This fund contains the homeownership program, tenure
awards, wellness program, benefit consultant, post-employment benefits and
employee gatherings. There are currently eight employees participating in the
homeowner program with four additional participants anticipated for 2016. The
2016 budget was reduced as the cost of benefit consulting services was less
than anticipated.
The next Budget Study Session is scheduled October 16, 2015 8:30 a.m. – 12:00 p.m.
There being no further business, Mayor Pinkham adjourned the meeting at 11:20 a.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, October 16, 2015
Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY
SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting
held at Town Hall in said Town of Estes Park on the 16th day of October,
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, Chief Kufeld,
Commander Rose, Director Muhonen, Fleet Supervisor
Nelson, Operations Manager McEachern, Parks Supervisor
Berg, Engineering Manager Ash and Recording Secretary
Limmiatis
Absent: None
Mayor Pinkham called the meeting to order at 8:30 a.m.
COMMUNITY SERVICES FUNDING REQUESTS (General Fund)
Mayor Pro Tem Koenig, Trustee Ericson, Assistant Town Administrator Machalek and
Town Clerk Williamson met to evaluate the grant applications and reviewed each to
determine the number of people served and affected by the services provided to
citizens of Estes Park. The application was revised in 2015 to include more detail and
the criteria were rated in conjunction with the Town Board goals and objectives. The
Committee would continue to evaluate and improve upon the application process.
Specific funding by category is outlined below with funding totaling $135,325 as follows:
Assistant Town Administrator Machalek stated the Town would continue to support
intergovernmental entities such as the Estes Park Housing Authority (EPHA), Fire
District and Economic Development Corporation (EDC). Senior Services would manage
funding for VIA and the Police Department would manage funding for Estes Valley
ORGANIZATION 2016 BUDGET
Arts & Education:
Art Center of Estes Park, $500
Cultural Arts Council, $500
Oratorio Society of Estes Park, $850
$1,850
Youth:
Boys & Girls Club of Larimer County, $3,000
Larimer County Partners, Inc., $4,000
Estes Park Learning Place, $3,000
Estes Valley Investment in Childhood Success, $20,000
$30,000
Food Tax Refund $14,250
Human Services:
Audio Information Network of CO, $500
Crossroads, $20,000
Estes Park Nonprofit Resource Center, $7,000
E.P. Salud, $20,000
Estes Valley Victim Advocates, $5,000
Estes Park Gun & Archery Club, $475
Food Bank for Larimer County, $2,000
Estes Valley Watershed Coalition, $1,000
$49,975
Estes Park Sister City Program, $3,500 $3,500
Town Board Budget Study Session – October 16, 2015 – Page 2
Victim Advocates as contracts for services. Some of the factors for the decreases in the
budget were a smaller contribution to the EDC, reduction in EPHA request and the
absence of pass-through grants.
Eric Blackhurst spoke on behalf of the EPHA, clarified the $33,000 request to complete
a housing study throughout the Larimer County school district boundary and stated the
EDC housing study has been placed on hold until the EPHA study is completed. The
study would be a tool used by lenders to determine the housing needs within the
community. Blackhurst thanked the Board for their continued support.
POLICE
The Police Department includes services for the Administration, Patrol, Investigations,
School Resource Officer and Communications divisions. The 2016 budget for the
department would include increases to the Tiberon annual fee from $20,000 to $27,000,
the number of Community Service Officers, maintenance costs, body camera
maintenance costs and personnel costs. The Communications Center and Victim
Advocates have been added to the Police Department budget to track costs more
efficiently. O&M is projected to be lower from 2015 end of year estimate although the
overall budget has increased due to personnel costs.
EMERGENCY RESPONSE SYSTEM FUND (SPECIAL REVENUE FUND)
The fund was created by the April 2014 passage of the 1% sales tax for 10 years. The
fund would receive 2.5% of the new tax for capital acquisitions associated with
emergency response capabilities of the Town, such as emergency public radio and
emergency operations center equipment and associated costs. The projected revenue
for the Emergency Response System Fund in 2016 is $60,116 with which the Town
plans to complete the Highway Advisory Radio notification system signage, Emergency
Operations Plan and Continuity of Operations Plan revisions, hazardous materials
encountered training, preparedness education, Prospect Mountain emergency radio
station site expansion and purchase Mobile Emergency Operation / Joint Information
Center equipment.
Mayor Pinkham called for a five minute break at 9:45 a.m. and resumed the meeting at
9:52 a.m.
PUBLIC WORKS
Buildings – Facilities Manager Jon Landkamer was hired in 2015 to manage 20
Town owned structures, maintain all contractual documents for services and
repairs, and administer specific contracts for annual maintenance of buildings
and grounds. In 2016, all trash collection and building repair budgets for the
Public Works divisions would be centralized under Facilities. The Lucity work
order system would be implemented to manage routine repairs. The cost
effectiveness of contracted versus in-house janitorial and maintenance repairs
would be evaluated and additional staff may be requested in the future.
Fleet – The Fleet division achieved a full staff in 2015 and maintains over 500
pieces of equipment that serve all departments, including the Fire District. Fleet
would continue to extend the expected useful life of vehicles in 2016 to support
the cost saving efforts of eliminating contributions to the Vehicle Replacement
Fund. Labor rates would be increased by 37% to cover operation costs and staff
would receive expanded training in diagnostics and repair.
Streets – The Streets division is responsible for 59 miles of roadway including
snow removal, street sweeping, striping and street maintenance programs, over
100 miles of drainage ways and roadside ditches, signage replacement,
maintenance, and installation of traffic control devices during special events, and
Town Board Budget Study Session – October 16, 2015 – Page 3
oversight and coordination of infrastructure protection during high-water events.
In 2016, the division plans to enhance the in-house culvert cleaning capabilities
with the new 3000 psi jet trailer, reduce the storm drainage project budget by
80% due to limited staff resources, complete a staffing needs assessment to
evaluate the cost effectiveness of an in-house crack sealing and paving machine
in lieu of contracted services, offer year-round shallow pothole repairs with the
new spray patcher and aggregate storage tent, purchase a handheld GPS data
collector to build storm water inlet, sign and pavement marking databases, and
discontinue the use of and sell the air curtain burner due to operational safety
risks and citizen complaints.
Parks – The Parks division is responsible for the maintenance, renovation and
management of all Town-owned park land, planting and maintaining
approximately 38,000 annual flowers and 8,000 perennial flowers, maintaining
the Town greenhouse, 10 acres of turf, 32 irrigation systems, 53 flower beds and
7 bronze statues, caring for the Estes Park Area Historical Museum property,
Stanley Park Fairgrounds, Light & Power grounds, Event Center, open spaces,
Estes Park welcome signage and the downtown area, and assisting with snow
removal. In 2016, the division would oversee the design and construction of the
irrigation system and landscaping of the Estes Park Transit Hub Parking
Structure, model Town compliance with the Wildlife Protection Ordinance by
purchasing 60 wildlife resistant trash cans, discontinue the installation and
removal of the seasonal ice rink, install a third interactive musical art piece on the
Riverwalk, replace the pickup-mounted sand distribution box, and install Smart
Irrigation Controllers and moisture sensors in Bond, Tregent, and Performance
Parks.
Engineering – The Engineering division oversees capital projects, authorizes
and inspects construction work in the public right-of-way, reviews development
plans and building permits for compliance, provides guidance with traffic,
drainage, streets and parks improvement projects, and performs transportation
engineering and long-range transportation planning with state and federal
agencies. In 2016, the division has a number of projects including coordination
with CDOT on permanent flood damage repairs to Highway 34 and Rocky
Mountain National Park guide signage improvements on Highways 7, 34, and 36,
the Downtown Loop project, completion of the Elm Road drainage and landfill
leachate project, design and construction of Dry Gulch Road rehabilitation
including the multi-use path under Highway 34 to the Lake Estes Trail,
construction of Phase 1 of the Estes Park Transit Hub Parking Structure and
exploring grant funding for Phase 2, right of way acquisition and construction of
Fish Creek Road and trail flood repairs, completion of the design and NEPA
study for the Fall River Trail extension to Rocky Mountain National Park and
applying for grant funding, construction and State Engineer’s Office approval of
Scott Ponds dam modifications, implementation of Bond Park Masterplan,
providing the draft 2015-2024 Street Maintenance Program, completing a storm
water utility cost and feasibility assessment, completing the design and
installation of a new Dynamic Message Sign on Highway 36, evaluation of a paid
parking program in downtown, hiring a grant funded Project Manager for the
design of the Moraine Avenue bridge replacement, hiring a grant funded Project
Assistant to provide flood reimbursement administrative support, completing a
staffing needs assessment for a future Development Review Engineer and Storm
Water Engineer. Several future positions were outlined within the Engineering
division and the Board supported the future request to provide staffing in order to
maintain quality services.
STREET IMPROVEMENT FUND (SPECIAL REVENUE FUND) – The fund was created
by the April 2014 passage of the 1% sales tax for 10 years. The fund would receive
60% of the new tax for the construction, repair, replacement, rehabilitation and
Town Board Budget Study Session – October 16, 2015 – Page 4
renovation of streets within the Town. The budget for 2016 contains the Street Overlay
Program, personnel, Seal Coat Program, Crack Seal Program, spray patcher
replacement, Dry Gulch Road improvements, the aggregate tent and spray patcher
materials.
TRAILS FUND – (SPECIAL REVENUE FUND)
The fund was also formed with the passage of the new 1% sales tax and would receive
12.5% of the new tax for the construction and expansion of public trails within the Estes
Valley planning area. In 2016, the Dry Gulch trail work is the only project planned for
the Trails Expansion Fund.
OPEN SPACE
The Open Space Fund reflects the Town’s portion of a one-quarter of 1% sales tax
increase that was passed by Larimer County voters in 1996. The funds are for trails
and open space purchases and maintenance; the Fund will sunset in 2018. In 2016, an
unallocated fund balance of $513,000 remains after budgeting $300,000 for Bond Park
and completing the west dam repairs at Scott Ponds. These funds could be used for
trail work or grant matching money for the Fall River Trail work. The Board and staff
supported saving the money to complete future trail connectivity.
CONSERVATION TRUST FUND
This fund contains revenues from the State lottery and is used to fund bark beetle
management, weed mitigation and tree replacement for Arbor Day. In 2016 bark beetle
management would be removed and irrigation controls would be installed in Bond,
Tregent and Performance Parks. A fund balance of $29,000 would remain which could
be applied to an undetermined project.
COMMUNITY RECREATION CENTER FUND – (SPECIAL REVENUE FUND)
The fund was created by the April 2014 passage of the 1% sales tax for 10 years. The
fund would receive 25% of the new sales tax increase, to be used for the construction of
a community center by the Estes Valley Recreation and Park District. If a development
application for the center has not been filed by January 1, 2016 and a building permit for
said facility has not been issued by January 1, 2017, the funds shall be used for
expansion and construction of the Estes Park Senior Center and Estes Park Museum
facilities. The account would hold funds until such time. Staff estimates a fund balance
of $1,500,000 at the end of 2016 when construction would ensue should the ballot
measure pass on November 3, 2015.
There being no further business, Mayor Pinkham adjourned the meeting at 11:35 a.m.
Barbara Jo Limmiatis, Recording Secretary
Town of Estes Park, Larimer County, Colorado, October 21, 2015
Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY
SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting
held at Town Hall in said Town of Estes Park on the 21st day of October,
2015.
Board: Mayor Pinkham, Trustees Ericson, Holcomb, Koenig,
Nelson, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Finance Officer McFarland, Directors Bergsten
Fortini, and Chilcott, Managers Mitchell and Salerno,
Coordinator Wells and Town Clerk Williamson
Absent: None
Mayor Pinkham called the meeting to order at 8:30 a.m.
Finance Officer McFarland reported a couple of additions to the proposed budget,
including funding for a temporary Administrative Assistant in Public Works to cover the
office while staff is on maternity leave. The Emergency Response fund would have a
fund balance in 2015 of $21,000 rather than $29,000 because there were additional
costs associated with the establishment of the EOC located in the second floor meeting
rooms.
COMMUNITY DEVELOPMENT
The department provides planning services for the entire Estes Valley and building
safety services for properties within Town limits. The Planning division would develop a
Downtown Plan integrating floodplain management, economic development and land
use planning in 2016; continue to support the Watershed Coalition’s planning and
project implementation efforts; continue multi-year flood mitigation planning, including
short and long term objectives; strive to maintain current levels of service for
development review given the significant increase in development activity; develop a
revised fee schedule; complete sign code revision started in 2015; and identify options
for development review, permitting and code compliance software give Larimer
County’s delay with implementing Energov.
Staff has budgeted $30,000 in consulting staff to provide assistance with possible
development in 2016. Board discussion followed on the need to budget an
appropriate amount for consulting services to address the staffing shortage
during this period of increased development. The Board agreed to increase
funding to $60,000 for contract services. Director Chilcott stated the department
would develop a fee schedule that rewards developers who submit complete
applications, thereby charging additional fees to developers who use more staff time.
Trustee Ericson stated the department needs to recover costs and should not be a lost
leader. The proposed budget does not address revenues or costs associated with
vacation homes and code enforcement to address regulations for such businesses. If
the Town Board and County Commissioners approve the proposed changes to vacation
home regulations and the licensing fees, staff would provide a supplemental budget
amendment in 2016. Revenues increase with the department receiving additional grant
funds which correspond to an increase in O&M.
Protective Services (Building) has budgeted a revenue increase to fund a new Plans
Examiner position, which is dependent on the revised fee schedule being approved by
the Town Board. The new fees are estimated to increase revenues by approximately
Town Board Budget Study Session – October 21, 2015 – Page 2
$100,000. The budget includes $75,000 in floodplain management consulting services,
$105,800 for a grant funded hydrology study, $20,000 for contract plan review and/or
inspections and $10,000 to remodel the office to create an additional work space.
Discussion followed on the number of reinspections being completed and the lack of
fees being charged. An analysis should be completed to determine if there are issues
with the codes or the way in which work is being completed. Trustee Norris stated
concern with the adoption of the Dangerous Building Code and the increase in staff time
the code would create. He questions if additional funds to contract out services should
be included in the budget. Trustee Holcomb commented the proposed budget does not
include room for additional services and he would prefer not to be reactive.
COMMUNITY SERVICES
Visitor Services – The Visitor Center operates with 6.35 FTEs and 50 volunteers.
The center would expand the size of the restrooms and add a family restroom in
collaboration with Public Works. The Center would purchase new touch screen
information kiosk with the financial support of the Local Marketing District in the
spring of 2016. Staff anticipates holding its third annual open house in April for
the community to learn more about the Visitor Services division. Expenses at the
Visitor Center would increase in 2016 with both personnel and O&M. O&M
increases include interior painting, hot water heater, wood trim, bird intervention,
and additional funding for wiring for the new kiosk, new museum display, RMNP
large format map, increase in utilities, purchase of premium wireless, and an
increase in sewer and water associated with the new restroom facilities.
Mayor Pinkham called for a five minute break at 10:07 a.m. and resumed the meeting at
10:15 a.m.
Senior Services – Operates the Estes Park Senior Center and its programs,
including onsite dining, Meals on Wheels, information and referrals, outreach,
facility rentals, public meetings, recreation and social opportunities, and health,
wellness and fitness programs. The 2016 budget includes a slight increase in
revenues and an increase in O&M due to programming, staff training, and adding
Via transit services to the professional services provided by the center. Staff
would continue to work with the Estes Valley Recreation and Park District as
plans evolve for the Community Center. Staff would achieve certification and
obtain licensure through the UCLA Longevity Center to conduct memory fitness
classes at the Senior Center. The division does not operate with a cost recovery
target at this time. Trustee Holcomb questioned if the center was in line with
other centers in the area as it relates to cost for programming. Manager Mitchell
stated municipally owned and operated centers do not operate with cost recovery
as a goal. Fees are kept as low as possible to allow participation by as many
individuals as possible. The center has served approximately 30% more visitors
in 2015.
Fairgrounds and Events – Director Winslow prepared the proposed budget prior
to his departure. Staff has reviewed the budget and the scope of the department
and proposes separating out responsibilities into two separate departments. The
Senior Center and Museum would create a new Cultural Resources department
and the Fairgrounds, Events, Visitor Services and Conference Center would
remain in the Community Services department. The Fairgrounds and Event
Center would be combined into one budget. Trustee Nelson stated the
separation of responsibilities may need to go further and questioned if the Town
has the expertise to complete all the tasks. He commented staff may need to
contract out to complete tasks. Administrator Lancaster stated discussions
would take place with the new Director to review the skill set of employees, hire
new staff, contract out services or change the contractual relationships to
Town Board Budget Study Session – October 21, 2015 – Page 3
address work flow. The Town would reach out to the private sector to see what
might be available to provided services.
The Town works in partnership with Western Heritage to conduct the Rooftop
Rodeo and the Town continues to work on trade marking the logos. Staff has
been working on documenting its relationship with a number of the partnership
such as Western Heritage, Local Marketing District and the Conference Center to
clarify roles and responsibilities.
The 2016 budget contains an increase in charges for services provided and an
increase in rentals for the Event Center. Manager Lynch has focused her
marketing efforts on shows that produce revenues such as sporting events,
associations, online and tradeshows. Trustee Holcomb questioned who is
responsible for marketing the tradeshows. Manager Lynch stated the tradeshow
would market their event; however, she directs them to the Local Marketing
District to coordinate marketing efforts. Mayor Pinkham questioned how food
services have affected the use of the Event Center. Food service has been an
issue with past events. Staff has a list of preferred catering vendors along with
Rocky Mountain Park Inn. An RFP would be produced next year for a catering
company to operate the food vending services at the center.
As the department moves forward and addresses issues such as formal
contracts for every event, there may be an increase in complaints on fees
associated with events. The Town would review the return of each event,
including how the event affects the community as a whole, to determine if the
event should continue. The Scotsfest for example does not rent the fairgrounds
or pay any fees associated with the use of the fairgrounds. The Town spends
over $100,000 in waived fees, staff support and funding for housing. Events
need to be reviewed to determine if it is a good return on investment. Mayor Pro
Tem Koenig stated an invoice should be produced for the Town’s in-kind
investment in events.
Trustee Holcomb questioned what upgrades to the Conference Center have
been budgeted. No funds have been budgeted in 2016 as a strategic plan for the
center needs to be developed. The Town has lost business because of the size
of the Conference Center and the need for an upscale hotel and ballroom. The
center needs a commitment to invest by both the Town and Forever Resorts.
Manager Lynch stated transportation between the Conference Center and the
Event Center has also become a major issue. A hotel next to the Event Center
would help sell the facility as conference coordinators are not accustomed to
addressing transportation or providing transportation to their attendees.
Visit Estes Park has requested the Town fund marketing efforts in 2016 at
$94,000 and the district would match the funds. Administrator Lancaster stated
staff would have to cut the budget to provide the funding being requested. The
proposed budget has been prepared with a lot of unknowns related to the flood
recovery. Trustee Norris stated the decision would be a return on investment
with a same year payback. Trustee Ericson stated he agrees with Trustee Norris
and we need to make intelligent investments. Mayor Pro Tem Koenig stated they
have a citizen directive to provide marketing to the community regardless if the
Town provides additional funding. Trustee Nelson commented the $94,000
would be used to get new events rather than promoting current events. He
would not support the funding request as it would not be an effective use of the
funds. He stated concern with excessive marketing. Administrator Lancaster
stated the Service Level Agreement continues to be addressed and the IGA
between the Town and the Local Marketing District. Mayor Pinkham stated if the
roles and responsibilities are still in discussion that should be concluded prior to
making a recommendation on funding marketing efforts.
Town Board Budget Study Session – October 21, 2015 – Page 4
Transportation – The budget funds the shuttle services providing 5 routes and 61
stops throughout the valley, operates 12 weeks during late June through early
September, and provides services from 8-9 a.m. to 10 p.m. daily. The fund
provides special event services with the trolley throughout the year. The budget
includes minor shuttle stop modification to improve service, additional service
following the Rooftop Rodeo back to accommodations, and ADA accessibility on
all five routes. Expenses have been budgeted with a slight decrease in O&M
costs. Trustee Holcomb questioned the cost to add shuttle service for an
additional 8 weeks to begin services earlier in the year and run it longer in the fall
season. Staff estimates the cost at approximately $40,000.
Staff has reviewed the potential of developing a transit system in order to access
FTA funds. To acquire funds the Town would have to have a year-round transit
system, which equates to one day of service during the rest of the 40 weeks of
the year at a cost of approximately $35,000 with two buses. FTA would fund
50% of the operation and 80% to purchase capital assets such as a bus. The
Board expressed interest in reviewing the opportunities of acquiring FTA
funding.
Museum – The 2016 budget contains a slight decrease in revenues and
expenses. Personnel costs remain flat. The Museum staff would continue to
develop future plans for the Museum building, refine collection through
deaccession, develop an online collection to increase accessibility of archives
and photographs, take a leadership role in coordinating 2017 Centennial
Celebration of the Town, design and bid renovations to the Museum main
building, reestablish historic tour and collaborate with MacGregor Ranch for 2016
temporary exhibit. As construction of the collection building with Town funds
would not be feasible, staff has proposed using the $200,000 set aside in the
Community Reinvestment fund to remodel the current facility. The remodel
would provide a viable facility for the next 15-20 year by remodeling the exhibit
space, meeting room, and office space. Mayor Pro Tem Koenig stated
concern with the collection stored at the Elm Road facilities and the need
to address the issue. Director Fortini stated grant funds are not available for
exhibit space; however, funds may be available for the collection facility based on
how the Town may operate the facility.
UTILITIES
Light & Power – The projected fund balance would decrease with an increase in
expenses over revenues in 2016; however, the ending fund balance of $4 million
would meet debt services requirements. Revenues have been budgeted flat for
2016 with expenses increasing only slightly. Personnel costs would increase with
the addition of a crew lead, ground worker and equipment operator to address an
increase in workload. O&M has been increased with the replacement of
vehicles, addition of two full-time tree trimming crews year-round and the
seasonal decoration contract. Capital projects slated for 2016 include installation
of tree cable in Little Valley, underground/overhead service to Allenspark and
service along CR 43 in Glen Haven, installation of fiber for system automation in
the Little Valley and Allenspark areas. The Town’s cost to purchase power would
increase by 4.5% from PRPA and would be passed on directly to the rate payers.
Water – The division would increase expenses over revenues in 2016 to
complete project work, which would decrease the overall fund balance. The
division would replace the North Fish Creek corridor line extension, replace
process analyzer, complete automated meter reading installation, completion of
phase I pipeline replacement on North Court and 3rd and 4th Streets and begin
phase II, continue to review/design of treatment processes at Glacier Creek
Town Board Budget Study Session – October 21, 2015 – Page 5
water treatment plant, storage tank piping modifications at Glacier Creek Water
Treatment Plant, investigate pipeline bottleneck along the Hwy 34 corridor,
addition of a duty truck, continue the process to transfer three private water
systems to the Town, and add two additional water operators in 2016 to meet the
increased workload due to regulatory compliance and field operations. O&M
increases with the partial replacement of membranes at the Marys Lake Water
Treatment Plant and the implementation of Lucity, an automated work order
system.
THEATER FUND
The funds were to be dispersed in 2013; however, the distribution was delayed and the
funds continue to be held until such time a final decision has been made on how to
disperse the funds in 2017 if EPIC has not raised the required funding to build the
theater.
MISCELLANEOUS
Trustee Ericson proposed a merit pool for the employees funded with proposed STIP
funds. He stated the 1A sales tax Street Improvement fund has a healthy balance and
has collected more funds than anticipated with the increase in sales tax collection. He
recommended $235,000 of the STIP program be allocated for the merit pool.
Discussion followed on the use of STIP funds for a merit pool and the consensus
of the Board was not to move forward.
There being no further business, Mayor Pinkham adjourned the meeting at 12:19 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, October 22, 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
22nd day of October, 2015.
Committee: Chair Ericson, Trustees Holcomb and Phipps
Absent: None
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Directors Chilcott and Fortini, Planners Kleisler
Gonzales and Kurtz, Coordinators Wells and Jacobson,
Manager Salerno and Recording Secretary Limmiatis
Trustee Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
Marilyn Bradley introduced Sandy Osterman, the new President of the Ambassadors.
Osterman would take office immediately. The Committee welcomed Osterman to the
position and thanked both individuals for their service to the community.
COMMUNITY DEVELOPMENT DEPARTMENT.
TRANSIT PARKING FACILITY FEE WAIVER REQUEST.
Planner Kleisler presented the request to waive $53,911 in development application and
building permit fees for the construction of the Estes Park Transit Hub Parking Structure
south of the Visitor Center. The fee waiver application remains consistent with the
adopted Community Development Fee Waiver Policy by supporting vital community
needs such as public funded government construction. Lancaster stated the
Environmental Assessment has been completed. The Bureau of Reclamation provided
a categorical exclusion and passed this finding on to the Federal Transit Administration
for approval to proceed with the design. The Committee expressed concerns regarding
the impact to the Community Development budget. Lancaster provided an alternative to
the waiver and suggested the building permit fees could be suspended until the project
is completed and should any funds remain available, they could be remitted to the
Building Department up to the amount of the permit. However, Lancaster would not
want to compromise the project in order to pay the Building permit fees. Lancaster
would consult with the funding agencies and the Town Attorney to see if any concerns
exist. The Committee recommended the approval of the Transit Park Facility Fee
Waiver Request to be included as an Action Item at the November 10, 2015 Town
Board meeting.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Verbal Updates and Committee Questions –
o Director Chilcott did not provide any follow up on the Budget meetings.
o Planner Gonzales informed the Committee of the upcoming pre-application
meeting with Safeway for an 11,000 square foot remodel in the spring of
2016.
o Director Chilcott stated a press release would be issued within the next few
days to invite the public and stakeholders to comment on the proposed
Planning and Building fee schedule revisions. After comment has been
collected, the item would come to a Town Board Study Session.
o Planner Kurtz updated the Committee on the information obtained from FEMA
regarding flood insurance rate changes that could affect downtown
businesses. The National Flood Insurance Program (NFIP) continues to
attempt to achieve self-sufficiency, but is currently insolvent. Flood insurance
Community Development / Community Services – October 22, 2015 – Page 2
rates are adjusted annually and downtown properties are currently in Zone X.
These properties would remain zoned as such until new Floodplain Maps are
adopted within the next five to seven years. New maps could identify
properties within the 100 year flood plain whose rates would rise dramatically
if mitigation does not occur. Kurtz provided an example of a business
downtown which recently purchased flood insurance at a cost of $2,000
annually. Variables were described which demonstrated potential increases
from $7,000 up to excess of $10,000. Kurtz emphasized mitigation completed
by individuals and the Town could make an impact on future insurance rates.
The Committee requested staff make every attempt to inform the community
of the requirements to be grandfathered within the NFIP, the potential
increases in rates and steps that can be taken to reduce future costs.
o Planner Kleisler provided the timeline of events to occur to complete the
proposed changes regarding vacation home rentals within the Estes Valley.
The Town Board would meet with Larimer County Commissioners on
November 9, 2015 to review the proposed changes and draft ordinance.
Depending on the direction given to staff at that meeting, the changes would
either proceed to the November Planning Commission meeting and the
December Town Board meeting with adoption in early 2016 or be sent back
to staff for further revisions. A substantial amount of public comment has
been received regarding the proposed changes through several public
meetings and email correspondence which helped shape the revisions. The
fee schedule would be reviewed on a different schedule due to the invoicing
to be completed prior to the end of 2015.
o Director Chiloctt provided an update on the status of the Downtown
Neighborhood Plan. Staff continues to meet daily with Logan Simpson to
review expectations, attempt to get a contract in executed within a month, and
to have a clear document upon delivery.
COMMUNITY SERVICES DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Shuttle Report – Coordinator Wells stated shuttle service has concluded for the year.
The shuttles have shown increased usage over 2015, but ridership from the
Fairgounds has been minimal. A change in route was instituted at the West Park
Center and people took advantage of this. The Committee continues to express
interest in offering shuttles year round and exploring financing options to achieve this
goal.
Museum Quarterly Report – Director Fortini presented the highlights from the third
quarter. Kurtis Kelly portrayed F.O. Stanley at the Hydroplant which increased
attendance at the location and demonstrated the possibilities of use in the future as
a unique venue for special programs. The Climb On! and Gripped Exhibits closed in
October and were replaced with new artwork by Alfred Wands, which was
purchased by the Estes Park Museum Friends & Foundation, Inc. Curator of
Collections Mucci recently presented at Colorado State University on being a
museum professional. Building rapport with the University increases the possibility of
taking on internships to expose students to professional experiences and
accomplishing museum projects.
New Museum Vision and Mission Statement – Director Fortini discussed the
proposed changes to the Museum’s vision and mission statements. The new
statements would improve the ability to creatively achieve the concepts captured in
the statements, are much more succinct and place the uniqueness of Este Park’s
history on the forefront. The Committee supported the changes to the vision and
mission statements.
Event Report – Coordinator Jacobson provided overviews of Elk Fest and Pumpkins
and Pilsners. Both events saw successes in participation and expansion of activities.
The Rut Run had 219 runners/walkers, which was significant for a first year event.
Families for Estes sold out of all pumpkins, mugs and cups during Pumpkins and
Community Development / Community Services – October 22, 2015 – Page 3
Pilsners and would share the final fundraising amount as soon as it is available. The
Committee questioned the sustainability of the events. Coordinator Jacobson stated
she pushes the event committees to provide new activities each year to expand on
the audience. Elizabeth Fogarty, CEO of Visit Estes Park, stated events continue to
be pitched to the Turner PR, but have not been picked up due to a lack of new
events. Fogarty went on to discuss the role of Visit Estes Park as a destination
marketing organization, not an event promoter. Jacobson updated the Committee on
the location of the CAST meeting and Performance Park attendance.
Visitor Services Quarterly Report – Manager Salerno informed the Committee the
Visitor Center experienced the busiest third quarter since 2006 due to high visitation
in September. Sales have also increased and surpassed the 2015 budget by $1,736.
The Ambassadors have adjusted their schedules to accommodate the increased
traffic extending into the fall. The Committee inquired about the completion of the
restroom remodel. Salerno stated the renovations are anticipated to begin in
November.
Verbal Updates and Committee Questions – Assistant Town Administrator Machalek
followed up on the Budget Meetings and Capital Projects status by stating a meeting
would take place with the Este Park Museum Friends & Foundation, Inc. to discuss
the new facility. Machalek stated Facilities Manager Landkamer would continue to
ensure the structural timbers of the Visitor Center remain sound.
There being no further business, Trustee Ericson adjourned the meeting at 9:33 a.m.
Barbara Jo Limmiatis, Recording Secretary
Page 1
FINANCE Memo
To: Board of Trustees
Honorable Mayor Pinkham
Town Administrator Lancaster
From: Steve McFarland – Finance Officer
Date: November 10, 2015
RE: Presentation of 2016 Budget
Budget readings for next year (in this case, 2016) are typically held at the first Board meeting in
November, followed by the adoption of that Budget in the second November Board meeting.
Adoptions to the current year (2015) Budget are typically approved in the first (only) Board
meeting in December. This year, the initial 2016 Budget reading will be held at the November
10th Board meeting, the 2016 Budget adoption will take place at the November 24th Board
meeting, and the Revised 2015 Budget meeting will take place at the December (10th) Board
meeting. This report addresses only the 2016 Budget. There is still time for 2015/2016
modifications as this represents only the initial reading of the 2016 Budget.
The attached 2016 budget document is the result of Staff preparations from the early summer
to the present date, Public and Board input from the Budget sessions of October 9th, 16th and
21st, 2015, and developing events over the past month.
The 2015 Revision / 2016 Budget process has been dominated by two drivers: 1) Flood costs
and reimbursements, and 2) attempts to bring the General Fund into balance (reduce the net
loss as much as possible). As a result, Staff is recommending several budgetary strategies that
safeguard most of the General Fund fund balance, but are not recommended for the long term
financial health of the Town. This includes the following:
1. There are no merit increases budgeted for 2016.
2. Contributions to the IT and Vehicle Replacement Funds were reduced and suspended,
respectively, for the General Fund for 2016.
These and other short‐term solutions will allow the Town to operate as efficiently as possible in
2016.
Page 2
FINANCE Memo
Miscellaneous revisions
Discoveries and corrections/updates were made during the review process that involved:
1. Clarification of categories.
2. Updates of 2015 data.
3. Minor miscellaneous changes in content/syntax.
These items are considered routine and not listed here.
Changes/important items ‐ in accordance with Draft Minutes from October 9th, 16th and 21st
Budget Sessions, and as other items (mostly flood‐related) have become evident:
Changes to the previously presented 2016 Budget documents (which also include 2015 actual
data):
1. A newly updated budget with all corrections is provided with this packet.
2. General Fund (material changes/comments)
a. Staff recently received bids on completing the construction portion of the Elm
Road mitigation. The mitigation is a top priority. The estimate for this project
has varied over the years from $998,000 (original) to $525,000 (2015 Budget
amount). The engineering and construction estimates/bids are now $835,000.
The General Fund will transfer $310,000 to CRF to compensate for the budget
gap.
b. Adjustments were made to the structure of the patrol officer compensation
structure, per Board action, resulting in a ~$100,000 increase to 2016 General
Fund expenses.
c. $30,000 was added to Community Development for contracted assistance for
plan reviewing.
d. The $50,000 in fundraising support pledged to the Rec District is still in the 2015
Budget. Staff is unsure whether or not that is still an actionable item (post‐
election), and so it remains budgeted.
e. There is no money budgeted for a Visit Estes Park subsidy.
f. The Budget presentation made in October forecasted General Fund fund balance
at 21% for 2016. Because of the above, that forecast has been revised
downward to 17%.
Page 3
FINANCE Memo
3. Community Reinvestment Fund (CRF)
a. A $2,000,000 CDBG‐DR grant (no match) for the Moraine Avenue Bridge is now
budgeted in CRF for 2016.
b. The $200,000 museum storage facility set‐aside is now a line item budget for
museum remodeling.
c. The $22,000 MPEC sound dampening line item has been tabled.
d. Roof snowguards for MPEC have been added ($30,000) in 2015.
4. Open Space Fund
a. A $150,000 Grant with a ~$39,000 match (new) is budgeted in 2015/16 in the
Open Space Fund for riverbank stabilization out by the Hydroplant.
b. Further Bond Park phasing has been pushed out to 2017 (removed from the
2016 Open Space budget).
5. The Water Fund has requested a part‐time administrative assistant to assist with the
increased administrative workload in Water, resulting from capital projects, grants, and
the Prospect Mountain Water issue.
6. Utilities has moved money within capital line items (no net change) to reflect addressing
fiber infrastructure, and for planning for water system remodeling.
7. Lastly, the 2013 Flood continues to cast a long shadow over the Town’s financial
statements and budgeting process. In 2014 and 2015, in an attempt to capture and
report all known flood costs/reimbursements going forward, the strategy was to list all
costs into the current budget year. The upside of this strategy was that all known flood
reimbursements/costs were listed in one place. The downside was that the numbers
were inaccurate (due to multiyear costs) and were so large that it distorted the current
budget. For the 2016 Budget, Staff suggests NOT listing any flood costs or
reimbursements at this time. This gives us a clearer picture of projected operating (non‐
flood) costs for 2016. However, this will necessitate a 2016 Budget update as soon as
actual 2015 flood reimbursements/costs become evident ‐ probably in late
February/early March 2016. Staff sees this as a “plus”, since flood/grant
reimbursements/costs for 2015/16 will be more accurate at that point than they are
now.
Staff remains keenly aware of the ever‐increasing challenges presented in an economy with
revenues and resources that are outstripped by expenditures and demands. Staff is pleased to
present a budget attempting to address, where appropriate, stated Town goals, while
continuing to safeguard fund balance.
*Outcome areas, Goals and Objectives are not listed in any priority order
KEY OUTCOME AREAS GOALS (5-7 YEARS)2016 BOARD OBJECTIVES (1 year time frame)
a. We will work to make Town codes and regulations more user-friendly
and easier to understand and use, while ensuring they are effective and
enforceable and support development.
1. Complete Downtown Neighborhood Plan and develop implementation options in
partnership with the downtown residents and businesses. (e.g. BID, DDA, URA, etc.)
b. We will encourage optimal use of the PRPA/Town fiber infrastructure.2. Research and possible implementation of options to provide increased broadband
access within the Estes Park Light & Power service area.
c. We will review the potential for redevelopment of areas of town where
appropriate.
3. Define the role of Town government in economic development as it relates to the
Estes Park EDC and other organizations.
d. The Town will encourage events, activities and development that
enhance a year round economy.
4. Revise the sign code to be simpler and easier to understand while retaining the
basic intent.
5. Serve a supportive role in the formation and operation of a Creative Arts District.
6. Continue to participate in local, regional, and state economic development.
a. We will continue to address parking options throughout the Town.1. Complete construction of phase 1 of the Visitor Center Transit Facility Parking
Structure.
b. We will provide safe access for users to the trail system.2. Pursue funding for future phases of the Visitor Center Transit Facility Parking
Structure.
c. We will continue to pursue grants and utilize available open space
funding to develop connectivity of trails in the Estes Valley in partnership
with other local entities as described in the Estes Valley Trails Master
Plan.
3. Explore the need for a stormwater master plan and the feasibility of a stormwater
utility (including floodplain considerations).
d. We will develop plans and build the financial strength for redundant
raw water sources to our water treatment plants.
4. Develop a facilities needs assessment for equipment and other storage, including
the museum collections and police evidence.
5. Complete the environmental studies required for the extension of the Fall River Trail
using the Paul S. Sarbanes Transit in Parks grant.
Town of Estes Park 2016 Strategic Plan: Vision, Mission and Goals*
VISION: The Town of Estes Park will enhance our position as a premier mountain community.
MISSION: The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests and employees, while being good stewards of public resources and
our natural setting.
1 Robust Economy - We have a
diverse, healthy year-round
economy.
e. The Town will participate as a partner in local, regional and state
economic development efforts.
2 Infrastructure - We have
reliable, efficient and up-to-
date infrastructure serving
our residents, businesses
and guests.
Page 1 2016 Strategic Plan
*Outcome areas, Goals and Objectives are not listed in any priority order
KEY OUTCOME AREAS GOALS (5-7 YEARS)2016 BOARD OBJECTIVES (1 year time frame)
Town of Estes Park 2016 Strategic Plan: Vision, Mission and Goals*
VISION: The Town of Estes Park will enhance our position as a premier mountain community.
MISSION: The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests and employees, while being good stewards of public resources and
our natural setting.
1 Robust Economy - We have a
diverse, healthy year-round
economy.
6. Pursue funding opportunities for construction of the Fall River Trail.
7. Start planning for the use of the Trails Special Revenue Fund formed by Ballot Issue
1A sales tax revenue.
8. Repair trails damaged during the flood utilizing available Larimer County Open Space
funds for the Town's required funding match.
9. Partner with the Estes Valley Recreation and Park District in updating the Estes
Valley Trails Master Plan.
10. Develop and adopt a policy on Town installation of empty conduit with other
Town projects.
a. The Events Complex meets the 2013 CH Johnson pro-forma financial
projections.
1. Complete a needs assessment and conceptual plan for improvements to the
Conference Center.
b. We will plan for future upgrades and expansion of the Conference
Center.
2. Investigate ways to improve signage for special events.
c. We will complete stall replacements at the Fairgrounds.
4 a. We will continue to pursue projects and funding to reduce flood risk
and flood insurance costs for the property owners and businesses of the
Estes Valley.
1. Work to restore the streams damaged by the flood and redefine the floodplains
within Town boundaries.
b. We will implement projects and policies which promote sustainability,
to improve the quality of the environment.2. Continue the program to provide wildlife-resistant trash and recycling receptacles.
c. We will maintain safe and healthy environments on Town-owned
properties. 3. Participate as a partner in the County's regional wasteshed planning.
d. We will investigate alternative technologies for recycling and waste
management.
2
Public Safety, Health and
Environment - Estes Park is a
safe place to live, work, and
visit within our
extraordinary natural
environment
Exceptional Guest Services -
We are a preferred Colorado
mountain destination
providing an exceptional
guest experience.
3
Infrastructure - We have
reliable, efficient and up-to-
date infrastructure serving
our residents, businesses
and guests.
Page 2 2016 Strategic Plan
*Outcome areas, Goals and Objectives are not listed in any priority order
KEY OUTCOME AREAS GOALS (5-7 YEARS)2016 BOARD OBJECTIVES (1 year time frame)
Town of Estes Park 2016 Strategic Plan: Vision, Mission and Goals*
VISION: The Town of Estes Park will enhance our position as a premier mountain community.
MISSION: The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests and employees, while being good stewards of public resources and
our natural setting.
1 Robust Economy - We have a
diverse, healthy year-round
economy.
a. We will serve as a catalyst to develop available housing solutions for all
segments of our community.
1 Define housing needs and identify potential plans for action. Develop a strategy for
addressing seasonal workforce housing demands.
b. We will continue to work with the Estes Valley Recreation and Parks
District and the other partners, to develop and build the multi-
generational Community Center, including the Senior Center.
2. As the Planning Commission finishes its current work on neighorhood plans and
after the conclusion of the Downtown Neighborhood plan, collaborate with the
Planning Commission to consider what specific action to take regarding any additional
neighborhood plans.
c. We will increase the capacity of the Senior Center, considering the
recommendations of the Museum and Senior Center Master Plan, in
coordination with the Estes Valley Recreation and Park District's
Community Center.
4. Revise the sign code to be simpler and easier to understand while retaining the
basic intent.
d. We will plan and implement the celebration of the 100th Anniversary
of the Town.
5. Develop plans for the Town's 100th Anniversary Celebration in 2017.
e. We will work to make Town codes and regulations more user-friendly
and easier to understand, while ensuring they are effective, enforceable
and support reasonable development.
f. We encourage the Board of Appeals to look at our regulations and
codes and give suggestions.
a. We will ensure town finances are strong with adequate fund balances
and sustainable reserves.
1. Continue to evaluate financial policies that provide adequate fund balances and
sustainable reserves.
b. We will provide adequate funding for staffings needed to provide the
appropriate level of services to our citizens and guests.
2. Implement the capital planning process.
Outstanding Community
Services - Estes Park will
continu to be an
exceptionally vibrant,
diverse, inclusive and active
mountain community in
which to live, work and play,
with housing available for all
segments in our community.
5
Governmental Services and
Internal Support - We will
provide high-quality, reliable
basic municipal services for
the benefit of our citizens,
guests, and employees,
while being good stewards
of public resources
6
Page 3 2016 Strategic Plan
*Outcome areas, Goals and Objectives are not listed in any priority order
KEY OUTCOME AREAS GOALS (5-7 YEARS)2016 BOARD OBJECTIVES (1 year time frame)
Town of Estes Park 2016 Strategic Plan: Vision, Mission and Goals*
VISION: The Town of Estes Park will enhance our position as a premier mountain community.
MISSION: The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests and employees, while being good stewards of public resources and
our natural setting.
1 Robust Economy - We have a
diverse, healthy year-round
economy.
c. We will conduct a citizen survey biennially to measure our
performance and citizen preferences.
3. Conduct the biennial Citizen Survey.
d. We will maintain a well-trained and educated town staff.4. Complete a needs assessment and recommendation for an enterprise-wide
document management system.
e. We will implement an enterprise-wide document management system.5. Develop a standard set of contracts for Town Activities.
a. We will continue to address downtown traffic issues. 1. Proceed with the next steps in the Loop Project, (to be determined after the
completion of the NEPA Environmental Assessment).
2. Complete the reconstruction of Dry Gulch Road.
3. Continue preventative maintenance activities on Town roads, as adequate funds
become available.
4. Adopt and implement a plan for utilization of the new sales tax funds for street
improvements.
5. Include bike/pedestrian lanes wherever possible along with the street
improvements.
6. Develop a wayfinding signage plan for the downtown neigborhood, coordinated
with the Downtown Neighborhood Plan.
7. Coordinate with CDOT for improved signage on S.H. 7, U.S. 34 and U.S. 36.
8. Investigate the costs and opportunities of expanding transit services year round.
Transportation - We have
safe, efficient and well
maintained multi-modal
transportation systems for
pedestrians, vehicles and
transit.
7
b. The street rehabilitation efforts will result in an average pavement
condition index of 70 or above for the Town street network by 2024.
Governmental Services and
Internal Support - We will
provide high-quality, reliable
basic municipal services for
the benefit of our citizens,
guests, and employees,
while being good stewards
of public resources
6
Page 4 2016 Strategic Plan
Utilities Department Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alan Fraundorf, IT Manager, Utilities Department
Date: November 10, 2015
RE: Broadband Grant Application to DOLA for Engineering
Objective:
To request the Board of Trustees to authorize an application from the Town to the
Colorado Department of Local Affairs (DOLA) Energy/ Mineral Impact Assistance Funds
(EIAF). This grant will fund the final engineering costs associated with the Estes Valley
Broadband Enhancement Project.
Present Situation:
The Town and surrounding areas lack adequate high-speed, reliable, affordable and
redundant internet service for businesses, residents and guests. There is a lack of fully
functioning coordinated emergency communications among the response agencies and
counties. Other communities have or are currently upgrading technology. The 2013
flood underscored how critical communications are and the importance of redundant
broadband to retain critical communications.
The Town of Estes Park is interested in diversification of its revenue source to balance
tourism with other enterprises that help to sustain the community. There are many
factors that impact this goal, and broadband service is one. The Town is not aware of
any private or local internet provider interested or capable of investing in this project.
The local internet providers may not have the capacity.
On February 3, 2015, a public vote to opt-out of Colorado’s Senate Bill 152 was
conducted in the Town of Estes Park and it passed with 92% support. This allows the
Town to reclaim local authority to build telecommunications infrastructure.
The Town and the Estes Park Economic Development Corporation jointly applied and
were awarded a grant from the Economic Development Administration, Department of
Commerce. One segment of this grant was a broadband assessment. This resulted in
the Estes Park Broadband Expansion and Technical Assistance Strategy Report, July
2015. Community outreach resulted in significant support for solutions to offering high-
speed, reliable and affordable internet service.
Proposal:
The Town of Estes Park continues to research and investigate the opportunities and
challenges of offering broadband services through the Utilities Department. The first
required step is to conduct final engineering. This grant application is requesting funds
to support final engineering costs at 13 proposed sites including routes to Glen Haven
and Allenspark. The estimated cost is based on the Broadband Expansion Report:
$1,386,796. DOLA EIAF requires a match and a 1:1 match provides the maximum
number of points. The Town is proposing matching the grant from the 2016 Utilities
budget for fiber optic build-out to Allenspark and Little Valley, estimated at $1,400,000.
Advantages:
Grant funds will allow the Town to conduct final engineering that will yield detailed costs
for fiber optic construction, which is a required step in this project. The results of the
final engineering will provide the Town additional information as it considers offering
broadband services through its Utilities Department.
Disadvantages:
There are no known disadvantages to the Town for seeking these grant funds.
Action Recommended:
Approval of this grant application for DOLA EIAF funds to support final engineering
costs associated with the Estes Park Broadband Expansion project.
Budget:
The DOLA EIAF grant application process requires a match. The Town is offering to
match the grant from the Utilities Department 2016 budgeted funds for fiber optic build-
out, estimated at $1,400,000. The grant application amount for final engineering is
$1,387,796.
Level of Public Interest
High
Sample Motion:
I move for the approval of the DOLA EIAF grant application for final engineering costs
associated with the Estes Park Broadband Expansion project.
Attachments:
Draft Application
- 2 -
DRAFT DOLA Revised 2.20.15
Page 1 of 13
ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM APPLICATION
Tier I or Tier II
Applications Must Be Submitted Electronically - Directions on Last Page
-You are Highly Encouraged to Work with your Regional Field Manager when Completing your
Application-
A. GENERAL AND SUMMARY INFORMATION
1. Name/Title of Proposed Project: Estes Valley Broadband Engineering
2. Applicant: Town of Estes Park
(In the case of a multi-jurisdictional application, name of the "lead" municipality, county, special district or other political subdivision).
In the case of a multi-jurisdictional application, provide the names of other directly participating political
subdivisions:
Not applicable
3. Chief Elected Official (In the case of a multi-jurisdictional application, chief elected official of the "lead"
political subdivision):
Name: William Pinkham Title: Mayor
Mailing Address: PO Box 1200 Phone: 970-577-4772
City/Zip: Estes Park, CO 80517 Phone:
E-Mail Address: bpinkham@estes.org
4. Designated Contact Person (will receive all mailings) for the Application:
Name: Alan Fraundorf Title: IT Manager
Mailing Address: PO Box 1200 Phone: 970-577-3580
City/Zip: Estes Park, CO 80517 Phone:
E-Mail Address: afraundorf@estes.org
5. Amount of Energy/Mineral Impact Funds requested:
(Tier I; Up to $200,000 or Tier II; Greater than $200,000 to $2,000,000)
$1,386,796
6. Description of the Project Scope of Work:
(Project Description of the various tasks involved in the project including specific data such as quantities, mileage, square feet, lineal ft. etc.
as well as specific project location within city and or county etc.)
The purpose of this grant application is to request support to conduct detailed engineering for broadband
expansion in an effort to enhance internet services to improve the proposed region’s public safety and economy,
and to serve more residents and businesses.
The Town of Estes Park (Town), along with the Estes Park Economic Development Corporation (EDC), recently
commissioned a study of broadband options and needs for the Estes Park area. This project was funded by a
grant from the Department of Commerce Economic Development Administration, and has resulted in useful and
valuable information.
The consultant, NEO Fiber, completed the assessment and provided a comprehensive report and a preliminary
plan for significantly improving broadband in this area. NEO Fiber is a national leader in providing consulting
services and broadband planning for gigabit broadband networks and are experienced working with
municipalities and economic development groups on middle mile projects. Their expertise has provided the
Town and this community with a report with information on options and opportunities. Their report has sparked
new, renewed and increased interest in providing enhanced internet services and has resulted in a better
understanding of the benefits and challenges.
The NEO Fiber preliminary plan estimated that detailed engineering will cost $1,386,796. Project completion
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including detailed engineering and based on preliminary construction costs is estimated at $27,000,000.
The Estes Park Broadband Expansion and Technical Assistance Strategy Report (attached-X) indicates the only
economically feasible business model is for the Town government to own and operate the system (similar to
Longmont). The vision is to eventually offer and provide fiber to homes and businesses in the Estes Park Light
and Power (L&P) service area (1 Gig service to an estimated 11,000 locations in the Estes Valley, including
Allenspark and Glen Haven) and provide the opportunity for a larger regional area to connect through a phased
approach; a multijurisdictional region that includes areas of Larimer and Boulder Counties. (see maps attached-
X)
The purpose of the grant request (along with the associated match), is to start this project and first necessary
task is to conduct detailed engineering and construction plans for the initial build-out areas. The Town is
experienced with procuring professional services through a request for proposal (RFP) process. With much-
needed support from DOLA EIAF the Town will select a professional and experienced consulting firm to conduct
the detailed engineering on 13 proposed site areas. The results of this detailed engineering will be used to
validate construction costs and to plan for a revenue bond. The grant dollars will provide the opportunity to start
this project much sooner than the Town would be able to do on its own with limited funding following the 2013
flood. This will be a significant investment for the State to meet public safety and economic needs in a
broadband under-served area; a region that contribute significantly to the State’s economy through tourism
dollars.
7. Local priority if more than one application from the same local government (1 of 2, 2 of 2,
etc.)
Not
applicable
B. DEMOGRAPHIC AND FINANCIAL INFORMATION.
1. Population
a. What was the 2010 population of the applicant jurisdiction? 6021
b. What is the current population? 6086
(Current/most recent conservation trust fund/lottery distribution estimate is acceptable.) What is the source of the
estimate?
US Census
c. What is the population projection for the applicant in 5 years? 7474
What is the source of the projection? US Census
Note: This application is for the Town’s Light & Power Service Area which includes 10,617 accounts.
2. Financial Information (Current Year):
In the column below labeled “Applicant” provide the financial information for the municipality, county, school district or special district
directly benefiting from the application. In the columns below labeled “Entity”, provide the financial information for any public entities on
whose behalf the application is being submitted (if applicable).
Complete items “a through j” for ALL project types:
Applicant Entity Entity
a. Assessed Valuation (AV) Year: 2014 173,058,830
b. Mill Levy 1.822
c. Property Tax Revenue (mill levy x AV) 315,763
d. Sales Tax (Rate/Estimated Annual Revenue) 5% / $8.4m % / $ % / $
e. Total General Fund Budget Revenue 13,848,422
f. Total Applicant Budget Expenditures
(Sum of General Fund and all Special Funds) 14,559,197
g. General Fund Balance as of January 1 of this
current calendar year. 4,299,182
h. General Fund Balance (Unreserved) as of
January 1 of this current calendar year. 3,036,616
i. Total Multi-year Debt Obligations (all funds*) 8,840,819
j. Total Lease-Purchase and Certificates of
Participation obligations* 5,705,000*
*Note: this amt is part of the debt obligation
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For projects to be managed through a Special Fund other than the General Fund (e.g. County Road and
Bridge Fund) or managed through an Enterprise Fund (e.g. water, sewer, county airport), complete
items “k through o”:
Identify the relevant Special Fund or Enterprise Fund: Light and Power, 2015
k. Special or Enterprise Fund Budget Amount 18,175,279
l. Special or Enterprise Fund Multi-Year Debt
Obligations* 4,510,000
m. Special or Enterprise Fund Balance as of
January 1 of this calendar year 10,221,556
n. Special or Enterprise Fund Balance
(Unreserved) as of January 1 of this
calendar year
10,221,556
o. Special or Enterprise Fund Lease-Purchase
and Certificate of Participation Obligations* 0
p. Special Fund Mill Levy (if applicable) 0
For Water and Sewer Project Only complete items “q through s”:
q. Tap Fee NA
r. Average Monthly User Charge
(Divide sum of annual (commercial and residential)
revenues by 12 and then divide by the number of total
taps served.)
NOTE: Commercial and Residential Combined
NA
s. Number of total Taps Served by Applicant NA
* Include the sum of the year-end principal amounts remaining for all multi-year debt obligations, lease
purchase agreements or certificate of participation notes
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C. PROJECT BUDGET. List expenditures and sources of revenue for the project. The totals on each side of the ledger must equal.
Expenditures Sources of Revenue
(Dollar for Dollar Cash Match is Encouraged)
Funding
Committed
List Budget Line Items including project contingency (Examples:
architect, engineering, construction, equipment items, etc.)
List the sources of matching funds and indicate either cash or
documentable in-kind contribution
Yes/No
Line Item Expenditures Line Item Costs
Cash In-Kind
Detailed engineering $1,386,796 Energy/Mineral Impact Fund
Grant Request $1,386,796
Fiber optic build out, L&P service area
(what is in the 2016 budget that we want
to apply to this?)
$1,400,000
*Energy/Mineral Impact Fund
Loan Request (If applicable) $ 0
No
Town of Estes Park fiber optic
build out $1,400,000 Yes
Town of Estes Park* $
Project Contingency
TOTAL
$2,786,796.00
TOTAL
$2,786,796.00
Please attach a more detailed budget if available – see budget
document attached-X
*Loans with a 5% interest rate may only be awarded for potable
water and sewer projects. Leave blank if a loan is not requested.
* Special election expenses ($9,500); preliminary engineering conducted on route to Allenspark for electrical line to support fiber optic ($15,200);
NEO Fiber consulting ($72,000) – confirm this.
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D. PROJECT INFORMATION.
The statutory purpose of the Energy and Mineral Impact Assistance program is to provide financial
assistance to “political subdivisions socially or economically impacted by the development, processing or
energy conversion of minerals and mineral fuels.”
1. Demonstration of Need:
a. Why is the project needed at this time?
Estes Park and its surrounding area currently have inadequate widespread access to reliable, abundant,
affordable and redundant broadband. Addressing this is high priority for several organizations and groups
including the Town Board of Trustee whose current strategic plan includes optimal use of the Town’s fiber
infrastructure; and the Estes Park Economic Development Corporation’s (EDC) Board of Directors has broadband
as their number one priority to attract and retain businesses and residents. The proposed region continues to fall
behind other Front Range Communities in being able to provide this basic utility. This has a wide range impact on
communities including the ability to recruit a diverse population and for Estes Park this includes a younger
population, working age demographic. In addition, providing fiber optic access throughout the Light & Power
service area will provide the backbone for future broadband connections with surrounding areas including Ward,
the Lyons area and for the purpose of redundancy the western slope through the Adams Tunnel. This effort is also
a foundation for electric and water smart-metering offering improved customer service to nearly 11,000 homes and
businesses.
The lack of available and/or coordinated emergency services communications for this region, police, sheriff,
medical and fire departments results in delays in responses. Gaps in communication in mountainous areas are a
public safety challenge. This effort will positively impact the safety and welfare of citizens and visitors. Response
time can vary greatly depending on the area of needed response and although the communities coordinate, when
emergency vehicles are in areas with poor or no communications it is unlikely they are talking with each other in
real time.
Challenges with communications in the area from first responders:
• Cell phone coverage is limited or not available at all
• Radio coverage can experience “dead zones” requiring multiple point relays
• Radio system is complicated – if the radio cannot hit the tower it does not work (it does have a very long range
which is good) and there are areas where the radios do not work at all requiring a backup system
• Counties are not coordinated in
• Landmarks and addresses can be challenging to find places
This infrastructure enables enhancements to the Rocky Mountain National Park’s (RMNP) safety and security for
visitors and employees. In 2014, RMNP had 3,443,501 visitors. A month-to-month comparison indicates that a
new visitation record will be made in 2015. They have experienced a steady increase in visitor over the past
several years. This has created a challenge for Estes Park region with respect to traffic congestion so much so
that the Department of Transportation Central Federal Lands Highway Division is proposing a $17,200,000 project
to help address the areas traffic challenge. Future plans to implement smart parking would minimize drivers from
“cruising” for parking spaces. Smart parking features could be implemented with high-speed internet services and
individuals could access real-time online parting information including using intercept transit and parking structures
before they reach the Estes Park downtown area. This effort would help reduce pollution (reduce the number of
cars cruising for parking spaces) and enhance the visitor experience (reduce frustration of not finding parking).
Additionally, transit hubs would have real-time bus information taking visitors to the RMNP and other locations in
the area.
Infrastructure build-out to Allenspark will enable service enhancements to other areas of Boulder County including
Ward and the Lyons area. This middle mile plan would allow for the opportunity to expand broadband services in
much needed area and would enhance emergency services communications.
This project will consider benefits and opportunities of redundancy through the Adams Tunnel between Larimer
and Grand Counties resulting in enhanced services to the Western slope and the Northwest Colorado Council of
Governments who are progressing with enhancing broadband services in this region. The importance of
redundancy in and out of the more isolated and mountainous communities was a lesson learned from the
nationally declared 2013 floods. Several communities were isolated. Estes Park experienced this because of flood
damaged roads and emergency communications was impaired.
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Private industry is not currently investing in improving their infrastructure in this region leaving the Town of Estes
Park this opportunity to meet a significant need. The Town is not aware of CenturyLink rebuilding the fiber circuit
on County Rd 43 in Glen Haven. This is another reason for the Town’s interest in providing services.
b. How does the implementation of this project address the need?
The implementation of this project, conducting detailed engineering, will result in plans and costs for construction
of the infrastructure for a region-wide reliable, abundant, affordable and redundant broadband system . Completing
the detailed engineering is the first necessary step to advance this project toward successful implementation.
Without this, it is not possible to plan for the construction.
c. Does this project, as identified in this application, completely address the stated need? If not, please describe
additional work or phases and the estimated time frame. Do you anticipate requesting Energy and Mineral
Impact Assistance funds for future phases?
This grant application is a request funds for detailed engineering for the proposed sites for the build-out phase of
the Town’s L&P service area. Although there are phases to this project, these funds would meet the immediate
need of requiring detailed engineering and construction plans. The preliminary estimated costs for this entire
project is $27,000,00; and these grant funds will support the initiation of this project in a timelier manner than could
be accomplished without this support. The Town may request additional funds for the construction phase;
however, the Town is planning to implement a revenue bond to fund the majority of costs.
d. What other implementation options have been considered?
Funding the entire endeavor out of the Town’s general fund and even starting the starting the detail engineering is
well beyond the capacity of the Town currently as the Town continues to recover from the 2013 flood and starts to
rebuild for a more resilient community. Many of the Town’s capital projects identified pre-2913 flood are still on
hold as the Town reserves are used for recovery. Fortunately, the increased visitation numbers has help with
supporting expenses while the Town waits for reimbursement.
e. What are the consequences if the project is not awarded funds?
Without support from the State, this project will be significantly delayed. This region will continue to lose market
share to other communities and to other states that have advance technology services and support. Because of
the importance of this region as an economic engine for the State, with its proximity to the National Park, project
delays will have a significant negative impact. The Town and this region cannot afford to slip further behind as the
other communities nationally and globally advance technology competing for tourists.
2. Measurable Outcomes:
a. Describe measurable outcomes you expect to see when implementation of this project is complete. How will
the project enhance the livability* of your region, county, city, town or community (e.g. constructing a new water
plant will eliminate an unsafe drinking water system and provide safe and reliable drinking water; the construction of
a new community center will provide expanded community services, or projects achieving goals regarding energy
conservation, community heritage, economic development/diversification, traffic congestion, etc.)?
*(Livability means increasing the value and/or benefit in the areas that are commonly linked in community development
such as jobs, housing, transportation, education, emergency mitigation, health and environment)
1) By the end of this project a detailed engineering report that outlines costs and plans for constructing fiber optic
build out in the proposed area will be produced.
2) The Town will offer opportunities for community input during all phases of this project. Information will be
compiled and used to improve and adjust the project.
3) The report will be used by the Town of Estes Park for securing construction funds for fiber optic build-out in the
propose area.
4) The report will be available to other communities in the proposed region to use for planning broadband reach
piggybacking on the Estes Park fiber optic expansion.
The longer term outcome of offering reliable, affordable, abundant and redundant internet services includes
economic stimulation as broadband impacts every part and parcel of our life. Advanced broadband infrastructure
has the potential to
. Create more job opportunities through business growth and business diversity
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. Diversify businesses providing opportunities for people to work remotely and start new business especially in
the e-commerce industry
. Increase the region’s competitiveness as more travelers expect access to high speed internet, and people are
looking to move from large cities
. Enhance public safety through coordinated and uninterrupted emergency communications
. Provide improved delivery and cost efficiency in healthcare through the use of tele-medicine
. Ability to offer greater educational opportunities for children and offer adult education option
. Reduce the cost of government through work efficiencies
. Improve utility effectiveness through smart metering
Internet is now deemed as a utility by some Federal agencies and Estes Park and this region needs to move ahead
and enable this region to prosper.
Tangible outcomes that are measureable would include income and growth of sales taxes, an increase in the
number of business license purchased, and home sales.
Just as important is the impact on visitors. Visit Estes Park and the Rocky Mountain National Park do conduct
surveys with guests on satisfaction of visits, how the selected the area and other related components of tourism.
b. How many people will benefit from the project? (i.e., region, county, city, town, community, subdivision,
households or specific area or group; or any portion thereof)
This application is for the Phase 1, detailed engineering, a necessary step to implementing the broadband project.
The fully implemented project, the Town anticipates 3,000 to 5,000 homes and businesses would use the service,
an estimated 6,000 to 10,000 people, within the L&P services. Because this effort would be the backbone to
additional areas implementing broadband, the potential for a regional approach to reach an additional 5,000 people
might be realized – individuals connected to high-speed internet.
This project would serve as an incentive for new businesses to relocate here and more visitors as they could
continue working while playing in the mountains with connection confidence. Internet providers could provide
services, at an affordable price, to the millions of visitors to the Estes Park region. Smart-metering for electric and
water would benefit over 10,000 homes and businesses resulting in a significant benefit to the area for energy
efficiency and effectiveness. This Town and region would largely benefit from smart parking features to help
address traffic congestion, and visitor and resident frustration.
c. How will the outcome of the project be measured to determine whether the anticipated benefits to this population
actually occur?
If the costs are in line with the projections, the expenses are in line with the projects, and the consumer/business
“take” rate is 20%-40%. The Town will track service users including initial
If the actual engineering costs are in alignment and the construction estimates are also in alignment the Town will
have the information to proceed to next steps of construction and obtaining financial support.
d. Does this project preserve and protect a historic building, facility or structure? If yes, please describe.
Year of construction: _____
Not applicable
e. Will this project implement an energy efficiency/strategy that could result in less carbon footprint or conserve
energy use or capitalize on renewable energy technology? If yes, please describe.
Implementation of widespread utility smart metering, would allow recognition of inefficient use of electric and water,
pre-emptively address problem component prior to failure, detect quickly where issues are and minimize field
troubleshooting. For some residents, fewer trips to the library or Town facilities to use the internet. Smart Parking
3. Relationship to Community Goals
a. Is the project identified in the applicant’s budget or a jurisdictionally approved plan (e.g. capital improvement
plan, equipment replacement plan, comprehensive plan, utility plan, road maintenance and improvement plan
or other local or regional strategic management or planning document)? What is its ranking?
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Improving broadband for our residents and guests is a goal of the Town of Estes Park trustees. Some capital
components of this overall project are in the 2016 capital budget (enablement of smart-meter infrastructure for
Allenspark). The Trustee’s strategic plan has been approved and is a multi-year effort that is reviewed and referred
to frequently.
4. Local Commitment and Ability to Pay/Local Effort
a. Why can’t this project be funded locally?
Lack of available funds. The Town continues to recover from the devastating 2013 flood. This has reduced the
Town’s reserves.
b. Has this project been deferred because of lack of local funding? If so, how long?
Not yet. The Estes Park Broadband Expansion report was finalized July 2015. There is widespread support for this
project to proceed by citizens and the Town.
c. Explain the origin of your local cash match. (Note: Whenever possible, local government cash match on a
dollar for dollar match basis is encouraged.)
The Town’s utilities L&P enterprise funds is the source of the match the 2016 capital $1.38 to build out the
infrastructure to Allenspark and Little Valley areas for the purpose of smart metering through fiber.
The 2016 budget was approved in November 2015 with unanimous support from the Trustees.
d. What other community entities, organizations, or stakeholders recognize the value of this project and are
collaborating with you to achieve increased livability of the community? Please describe how your partners are
contributing to achieve the improvement to the livability of the community through this project. If in-kind
contributions are included in the project budget, detailed tracking will be required on project monitoring report.
The Estes Park EDC has ranked broadband services to businesses and recruiting businesses as their top priority.
Their business and board members have contributed hundreds of hours in planning and developing the concept
and identifying the need; they have reached out local businesses, conducted numerous presentations and local
newspaper articles. The EDC was instrumental in helping business recovery from the 2013 flood including assisting
with recovery loan applications. The Town and the EDC obtained a Federal grant to fund a broadband assessment
resulting in the Broadband Expansion and Technical Assistant Strategy Report. The Town’s election in February
2015, pass with over 90% support to overturn Senate Bill 152 (so the Town could participate in broadband
endeavors). There is without a doubt strong community support for this project.
Visit Estes Park and Partners for Commerce were supportive during the special election for broadband services and
have spent countless time in outreach efforts to educate and inform the community. They are also supportive of the
Town’s effort to offer broadband services to this region and each understand the value: Visit Estes Park
acknowledges the benefit to guests and Partners for Commerce realizes the value to existing and potential
businesses. It has been reported to the Town by some local real-estate brokers that reliable and affordable internet
services can positively impact home sales.
Letters of support are attached-X
i. Please describe the level of commitment by each collaborator. (e.g. fee waivers, in-kind services,
fundraising, direct monetary contribution, policy changes.)
The EDC staff, board and business members have spent hundreds of hours researching solutions over the past two
years. Their dedication has been palpable; numerous meetings, public presentations, newspaper articles, and their
effort to pass the internet special election allowing the Town to pursue this project. The business community
including the tourism industry is supportive of this project and there is interest in advancing this project quickly.
As this project progresses the need for more formal collaboration efforts through memorandums of understanding
will be implemented.
ii. Please list the value of the resources that each collaborator is bringing to the program.
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e. Has the applicant dedicated the financial resources in their current budget, reserve funds and/or unused debt
capacity that are being used for the local matching funds? Explain if No
Yes. The Town has approved the 2016 budget and a portion of the utilities approved budget has been reserved for
the match.
f. Have the applicant’s tax rates, user charges or fees been reviewed recently to address funding for the proposed
project?
No tax changes have been made. The future construction plan is to fund this through revenue bonds and other
available sources as identified and become available.
g. If the tax rate, user charges or fees were modified, what was the modification and when did this change occur?
Not applicable
h. Has the applicant contacted representatives from local energy or mineral companies to discuss the project? If
yes, when was the contact and what was discussed.
No
i. Has the applicant requested financial support from the industry? If yes, when was the contact, what amount did
you request? What were the results? If no, why not?
Local broadband providers (CenturyLink, TDS/Baja, Airbits, and Estes Valley Networks) have participated in the
planning project for over two years. None have indicated they are ready to invest in this endeavor. Most of the local
providers are small and may not have the capacity to implement a project of this size.
5. Readiness to Go
a. Assuming this project is funded as requested, how soon will the project begin? Select One (_) Within 3
months, (X) 3-6 months, (_) 6-9 months or (_) 9-12 months?
What is the time frame for completion? Select One (_)Within 3 months, (_) 3-6 months, (_) 6-9 months, (_) 9-
12 months or (X) >12 months.
b. Describe how you determined that the project can be completed within the proposed budget as outlined in this
application? Are contingencies considered within the project budget?
The Town will initiate a not-to-exceed contract with the selected consultant following notice of grant award from the
State and approval from the Town Board. The Town of Estes Park will publish an RFP for detail engineering
services. It is anticipated that an adequate number of responses will be received. Once a qualified firm is selected
and Town Board approves a consultant contract, the work will begin. For the initial build-out areas, the basic routes
have already been established expediting the engineering phase.
c. Has the necessary planning been completed? How? What additional design work or permitting must still be
completed, if any? When? How did the applicant develop project cost estimates? Is the project supported by
bids, professional estimates or other credible information? Please attach a copy of any supporting documents.
The Town and the Estes Park EDC jointly applied for a grant from the Economic Development Administration and
was awarded $300,000. One of the three studies focused on broadband expansion. The consulting firm report
strategically identifies build-out locations and provides preliminary estimates on design for each site. This grant will
support detailed engineering required for implementing this project’s construction phase.
Selection of sites was first based on the L&P service area and also referring to the Town’s comprehensive plan and
population data.
The Town is interested in working with other communities to help them work toward this same goal. The Town’s
installation of fiber optic to Allenspark opens such opportunities to Boulder County communities includes Ward and
the Lyons area.
6. Energy & Mineral Relationship
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a. Describe how the applicant is, has been, or will be impacted by the development, production, or conversion of
energy and mineral resources.
Larimer County Clerk and Recorder public records show that there are 1,122 oil and gas leases and 526 mineral
deeds have been filed. This project supports the county and this region through the contribution the Town makes in
sales taxes with tourism. This is a significant contribution as Estes Park is considered a premiere destination for this
region because of its natural beauty and proximity to Rocky Mountain National Park.
b. To further document the impact in the area, name the company or companies involved, the number of
employees (click to get # of employees) associated with the activities impacting the jurisdiction and other
relevant, quantitative indicators of energy/mineral impact.
The Town’s primary source of energy is from Platt R power authority and they purchase and generate their power
from various sources. The Town is a voting member of PRPA. There is a growing interest in energy efficiency in this
community including providing electric car charging station in proposed transit hub and parking structures. Other
measures are being taken to conserve energy and reduce pollution including variable message signage as drivers
enter the Town.
7. Management Capacity
a. How will you separate and track expenditures, maintain funds and reserves for the capital expenditures and
improvements as described in this project?
For the detailed engineering segment of this project, the Town will establish a project code to identify expenses
associated with this project. A purchase order will be produced and used to encumber funds. Work performed must
adhere to the scope of work presented in the RFP and the consultant contract. No capital expenditure are involved
in this engineering work; however, the Town has budgeted for 2016, infrastructure work to support broadband
expansion.
b. Describe the funding plan in place to address the new operating and maintenance expenses generated from
the project?
This project is for detailed engineering and no operating and maintenance will be required; however, implementing
the results of the engineering will be critical for the success of this project. The detailed engineering will include
information on the operating and maintenance costs and requirements. This project is being managed through the
Town’s Utilities Department that includes power and water services. They are knowledgeable and experienced with
customer service and infrastructure maintenance. Also a preliminary operating expense pro-forma, including cash-
flow, and all relevant financial data is attached-X from the Estes Park Broadband Expansion and Technical
Assistance Strategy Report.
c. Describe the technical and professional experience/expertise of the person(s) and/or professional firms
responsible to manage this project.
The engineering work will be performed by a professional engineering firm selected through a full and open
competitive process. Town staff will draft the RFP and seek information and guidance from sources in other
communities and the State to ensure the proposal request results in responsive and responsible responses. The
engineer consulting firm will be closely supervised by a Town steering team, containing project managers and utility
leadership.
d. Does the project duplicate service capacity already established? Is the service inadequate? Has
consolidation of services with another provider been considered?
Some areas of the Estes Valley have some level of broadband service; however, widespread, reliable and
affordable service is inadequate. Numerous public polls have stated this is a major opportunity for our area and this
was substantiated in the broadband expansion study conducted with the local economic development organization
in 2015. Current providers have been involved with the planning team; however, none have indicated any
significant investment forthcoming to extend or expand their service or offering. Some of the internet providers are
small firms with limited capacity.
E. HIGH PERFORMANCE CERTIFICATION (HPCP) PROGRAM COMPLIANCE.
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Colorado Revised Statutes (C.R.S. 24-30-1305.5) require all new facilities, additions, and renovation projects
that meet the following eligibility criteria to conform with the High Performance Certification Program (HPCP)
policy adopted by the Office of the State Architect (OSA) if:
• The project receives 25% or more of state funds; and
• The new facility, addition, or renovation project contains 5,000 or more building gross square feet; and
• The building includes an HVAC system; and
• In the case of a renovation project, the cost of the renovation exceeds 25% of the current value of the
property.
The HPCP requires projects that meet the eligibility criteria above to achieve third party verification with the
target goal of LEED Gold or Green Globes-Three Globes. Projects are strongly encouraged to meet the Office
of the State Architect’s (OSA) Sustainable Priorities in addition to the LEED prerequisites. Projects funded
through DOLA that meet the above eligibility criteria are required to complete the DOLA registration and tracking
process. See DOLA’s HPCP web page for more information or contact your DOLA regional manager.
In instances where achievement of LEED Gold or Green Globe-Three Globes certification is not achievable, an
applicant may request a modification of the HPCP policy or a waiver if certain conditions exist. DOLA staff will
work with applicants to identify workable solutions to meet the program’s intent to maximize building energy
efficiencies.
Please answer the following questions:
(Complete this section only if your project application is for a building project, both new construction as well as
renovation.) This is not a building project.
1. Is the applicant seeking state funding for 25% or more of the total project cost (including all phases, if
applicable)? Yes_____ No _____
(If no, the project does not meet the HPCP requirement and the rest of this section does not need to be completed)
2. Does the building include an HVAC system? Yes_____ No _____
If ye s, please check whether the proposed project includes a ____ HVAC upgrade or ____ new HVAC
system.
3. Is this project (check all that apply): ___new construction ___renovation ____new and renovation
New building square footage: ____________SF Renovation square footage: _____________SF
Is the building square footage (new construction and/or renovation) 5,000 SF or more? Yes_____ No _____
4. For building renovation projects:
What is the current property value? (Determine based on assessed or appraised value) $____________
What is the total project cost for the renovations? $_____________
Does the cost of renovation exceed 25% of the current value of the property? Yes_____ No _____
5. If you answered “yes” to questions 1, 2, 3, and if applicable, 4, then your project meets the HPCP
eligibility criteria. Complete the HPCP registration form and preliminary checklist and submit with this
grant application. (See DOLA’s HPCP web page for registration and checklist form.)
ADDITIONAL QUESTIONS:
6. Have you included any additional costs in this grant application for third party verification to comply with the
High Performance Certification Program? Yes_____ No _____ If yes, please specify the estimated cost for
third participation verification/certification:$_________
7. Will you need assistance locating resources, third party consultants, or technical assistance for HPCP third party
verification requirements, preparing cost estimates, or otherwise complying with the HPCP?
Yes_____ No _____ Explain
__________________________________________________________________
Note: If this application is for design services for a planned building project that meets the HPCP eligibility criteria and the
applicant intends to seek state funding for 25% or more of the total project cost, then the design should maximize high
performance building certification standards (by completing the HPCP checklist) and build in anticipated project costs, as
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appropriate.
F. TABOR COMPLIANCE.
1. Does the applicant jurisdiction have voter authorization to receive and expend state grants without regard to
TABOR spending limitations? If yes, explain:
Yes. Calculated annually, de-Bruced in 2000; excess TABOR funds are spent in Community Reinvestment Fund.
2. If the applicant jurisdiction receives a grant with State Severance funds, will the local government exceed the
TABOR limit and force a citizen property tax rebate?
No applicable
3. Has the applicant jurisdiction been subject to any refund under TABOR or statutory tax limitations? Explain.
No
4. Has the applicant sought voter approval to keep revenues above fiscal spending limits? Explain.
Yes. Calculated annually, de-Bruced in 2000; excess TABOR funds are spent in Community Reinvestment Fund.
5. Are there any limitations to the voter approved revenues? (e.g., Can revenues only be spent on law enforcement
or roads?)
The Town of Estes Park is de-Bruced (TABOR). This application referenced the local ballot in Community
Reinvestment Fund, set aside funds for public safety and road improvements, and these funds have been allocated.
6. If the applicant jurisdiction is classified as an enterprise under TABOR, will acceptance of a state grant affect this
status? Explain.
Not applicable
G. ENVIRONMENTAL REVIEW.
Indicate below whether any of the proposed project activities:
This is an engineering project, no construction
1. Will be undertaken in flood hazard areas. Yes No X
List flood plain maps/studies reviewed in reaching this conclusion. Describe alternatives considered and
mitigation proposed.
2. Will affect historical, archeological or cultural resources, or be undertaken in
geological hazard area?
Yes No X
Describe alternatives considered and mitigation proposed.
3. Address any other related public health or safety concerns? Describe. Yes No
DRAFT DOLA Revised 2.20.15
Page 13 of 13
APPLICATION SUBMISSION INSTRUCTIONS
AND
OFFICIAL BOARD ACTION DATE (REQUIRED)
Application and attachments must be submitted electronically in
WORD .DOC (Preferred) or .PDF Format (Unsecured) to:
ImpactGrants@state.co.us
Please Cc your Regional Field Manager all documents as well to ensure receipt.
In email subject line include: Applicant Local Government name and Tier for which you are applying
-example- Subject: Springfield County EIAF Grant Request, Tier 1
NOTE: Please do not submit a scanned application (scanned attachments ok).
(If you are unable to submit electronically please contact your DOLA regional manager)
For any questions related to the electronic submittal please call Bret Hillberry @ 303.864.7730
Attachments List (Check and submit the following documents, if applicable):
Preliminary Engineering Reports NA
Architectural Drawings NA
Cost Estimates see budget
Detailed Budget see spreadsheet
Map showing location of the project Attached
Attorney’s TABOR decision NA
HPCP Registration, modification
Or Waiver Form NA
Additional attachment:
Estes Park Broadband Expansion and Technical Assistance Strategy Report
Letters of support
*******************************************************************************************************************************
Official Board Action taken on
November 10, 2015
Date
Submission of this form indicates official action by the applicant’s governing board
authorizing application for these funds.
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Director
Phil Kleisler, Planner II
Date: November 10, 2015
RE: Transit Parking Facility Fee Waiver
Objective:
Determine if the application complies with adopted fee waiver policy, and consider
recommending approval or denial of the associated request.
Present Situation:
The Town, coordinated through the Public Works Department, received development
plan approval in September to replace an existing surface parking lot with a four level,
414-space transit parking facility. The building site is located directly south and across
the Big Thompson River from the Estes Park Visitor Center. Figures 1a and 1b shown
below provides views from Highway 36 showing the relationship of the project site to
surrounding buildings. Located less than one half block east of downtown, the site is
considered by many to be an important entry point into the commercial center of Estes
Park.
The Town Board adopted the Fee Waiver policy in 2012 to support vital community
needs such as public funded government construction, affordable housing, assisted
living and health care services through the consideration of in-house fees assessed by
the Community Development Department.
Proposal:
The Town of Estes Park is requesting a fee waiver of $53,911 in development
application and building permit fees. Staff finds that the proposal substantially complies
with the Community Development Fee Waiver Policy because it is a “public funded
government construction” project (see #1 in attached policy).
Advantages:
Advantage for the applicant: Reduces cost.
Community Development
Memo
Page 2
Disadvantages:
Reduces Community Development Department revenue. Fees cover a portion of
the Town’s expense to process these multiple development applications.
Action Recommended:
The Community Services/Community Development Committee discussed this item on
October 22, 2015. Community Development fee waivers generally do not include any
subsequent transfers from the General Fund to compensate for lower department
revenue. The CD/CS Committee discussed and was generally in favor of the following
recommendation:
Suspend fees until project closeout. If the project comes in under budget and
grant funding allows, then funds will be transferred to account 101-2300-322.10-
00 up to the permit fees. If the project is over budget all fees will be waived and
no transfer will take place.
Budget:
Approval of the request would decrease Community Development Department fee
revenue. Overall there will not be an impact to the General Fund.
Level of Public Interest:
Low for the fee waiver request. High for the project in general.
Recommended Motion:
I move to recommend approval/denial of the Town of Estes Park fee waiver request to
the Town Board.
Attachments:
1. Written request from the applicant.
2. Fee Summary
3. Community Development Fee Waiver Policy.
Transit Parking Facility Fee Waiver Request
Fee Summary
Review Fee
Development Review
Development Plan $2,000
Development Agreement $1,500
Pre-application $500
Fee Waiver Administration $300
Subtotal $4,300
Improvement Agreement/Letter of Credit
Set Up $200
Release at Completion of Phase $300
Final Release into Warranty Period $300
Subtotal $800
Building Permit Fees
Building Safety Review
Building Permit Fees $29,334
Plan Reviews $19,067
Grading Permit $200
Subtotal $48,601
Planning Division Review
Building Permit Review Fees $180
Grading Permit $30
Subtotal $210
Sum Total $53,911
Community Development
Department Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Tina Kurtz, Environmental Planner
Date: November 10, 2015
RE: Fall River Hydroplant Area and Upper Fish Hatchery Reaches
Stabilization Project - Professional Services Contract and Design-Build
Contract
Objective:
To recommend approval of two contracts for professional services and design-build with
FlyWater, Inc., for the Fall River Hydroplant Area and Upper Fish Hatchery Reaches
Stabilization Project (Project).
Present Situation:
The Fall River channel and streambanks between the Rocky Mountain National Park
boundary and downstream of the western-most Fish Hatchery Bridge (Project Reach)
experienced significant damage as a result of the 2013 flood. This damage included the
loss of fish habitat, damage to the channel, significant bank erosion, and areas of
considerable deposition. Approximately 100 feet of the historic 30-inch iron penstock
connecting the Cascade Dam and the Hydroplant was exposed due to streambank
erosion. The Project Reach is a public area which includes the Hydroplant Museum
buildings and the Town park across the river, thus the current condition of the nearby
streambanks creates a public safety hazard. In addition, the material eroded from the
streambank was transported downstream, creating issues with sediment deposition.
The primary objectives of the Project are channel restoration and streambank
stabilization.
Phase 1: A CDBG-DR grant for $150,000 is pending the Environmental Assessment
public notice period which will expire November 30, 2015. It is expected this grant will
be fully executed early December 2015. The CDBG-DR grant timeline requires project
completion, including all administration work, in March 2016.
Phase 2: The Town will be requesting an additional grant for $150,000 from the
Colorado Senate Bill 14-179 for this Project. This funding requires a 1:1 match, and
would be met with the CDBG-DR grant. The Senate Bill money was set-aside last year
by the Colorado Water Conservation Board (CWCB) for the Town on another project on
Fall River that is no-longer viable, so CWCB is amenable to moving these funds to the
Hydroplant Area Project. The Senate Bill 14-179 funding has a project completion
deadline of June 2017; however it is anticipated that the work will be conducted in 2016.
Proposal:
On September 25, 2015, the Community Development Department advertised a
Request for Proposal for design-build stream and channel restoration services for the
Hydroplant Area Project. Eight firms attended the pre-submittal meeting and two firms
responded to the RFP: FlyWater, Inc. from Ft. Collins/Boulder-Denver and Smith
Environmental from Westminster. The proposal selection committee ranked the
FlyWater team highest, and their proposal was within the Project budget.
Both firms had the project starting early November and completing mid-to-late March
2016. The Environmental Assessment took longer than expected and Town staff is
concerned about meeting the CDBG-DR completion date of March 2016. Staff is
proposing to start this project upon approval of the professional services contract for
permitting and design for $38,752, using Open Space Funds.
Advantages:
Approval of the Professional Services Contract allows initial design, permitting
and site work to commence immediately and provides the needed time for
successful project completion in March 2016.
Approval of the Design-Build Contract allows for the completed design and
construction work.
This project is designed to (1) reduce the risk of further erosion and deposition to
help protect properties and infrastructure within and downstream of the Project
Reach; (2) alleviate the current safety hazard caused by unstable banks within
the Project Reach; (3) help restore and/or establish wildlife and aquatic habitat;
(4) improve stream health and resiliency; (4) complete a priority project as
identified in the Fall River Corridor Plan for Resiliency; and (5) compliment a
downstream EV Watershed Coalition stream channel and wetland restoration
project.
Disadvantages:
It will be difficult to meet the project completion date of March 2016, if work is not
started until December 2015.
The Town risks losing the opportunity to use $300,000 in grants to repair a
heavily damaged section of Fall River starting at the RMNP boundary, which will
continue to erode and deposit sediment downstream and continue to be a safety
hazard on Town-owned property.
Action Recommended:
To advance the Fall River Hydroplant Area and Upper Fish Hatchery Reaches
Stabilization Project and meet the CDBG-DR grant funding requirement of a final project
completion date in March 2016, Town staff recommends awarding a professional
services contract to FlyWater, Inc. in the amount of $38,752.
Staff recommends awarding a Design-Build Contract to FlyWater, Inc. in the amount of
$150,000.
Budget:
This project will be funded from the Larimer County Open Space Fund.
This project will be funded from a CDBG-DR grant in the amount of $150,000. The
Town will seek the additional $150,000 from CWCB.
Level of Public Interest
Moderate - This project directly impacts Town-owned property. The consultants will
work with the Town employee who lives on the Hydroplant property to minimize
disruption. The Estes Valley Watershed Coalition, which includes Fall River corridor
residents, supports this project as it ties directly into their project immediately
downstream.
Sample Motion
I move for approval/denial of a professional services contract for the Fall River
Hydroplant Area and Upper Fish Hatchery Reaches Stabilization Project to FlyWater,
Inc., for a project cost not to exceed $38,752.
I move for approval/denial of a design-build contract for the Fall River Hydroplant Area
and Upper Fish Hatchery Reaches Stabilization Project to FlyWater, Inc., for a project
cost not to exceed $150,000.
Attachments:
1. Professional Services Contract – FlyWater, Inc.
2. Design-Build Contract – FlyWater, Inc.
3. General Conditions – FlyWater, Inc.
Supplemental Documents:
4. Exhibit A:
4a. Part A - Town Issued Request for Proposal Design-Build Services Fall River
Hydroplant and Upper Fish Hatchery Reaches Stabilization Project Request for
Proposals
4b. Part B - RFP Addendum #1 and RFP Exhibit A through Exhibit N
4c. Part C - Submitted Proposal: FlyWater/Otak Team
Page 1 of 8
PROFESSIONAL SERVICES CONTRACT
(Draft)
This Contract is entered into this 11th day of November, 2015, by and between the Town
of Estes Park, Colorado (“Town”) and FlyWater, Inc. (“Consultant”).
Whereas, the parties desire to contract with one another to complete the following project:
Fall River Hydroplant and Upper Fish Hatchery Reaches Stabilization Project
Design-Build 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 $38,752.00. 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 November 11, 2015 through
December 11, 2015. 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 2 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.
iv. Workers’ compensation insurance and all other insurance required
by any applicable law.
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
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.
Page 3 of 8
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
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.
Page 4 of 8
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. 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.
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:
Tina Kurtz Corey Engen
Environmental Planner/Planner III Project Manager
Community Development Dept. FlyWater, Inc.
Town of Estes Park P.O. Box 973
170 MacGregor Avenue Fort Collins, CO 80522
Estes Park, CO 80517 Email: corey@flywater.com
Email: tkurtz@estes.org
Page 5 of 8
13. Special Provisions.
The Consultant agrees to perform design and site evaluation services for the
project as requested by the Town and per the schedule of task below. This is a
lump sum contract with an established maximum payment not to exceed
$38,752.00. Hourly rates to be based on the Fee Schedule for Design-Build
Services attached to this Agreement.
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 Value
Task 1: Project Management $2000.00
Task 2: Site Evaluation & Rough Grading $11,280.00
Task 3: Final Design Plan Development $16,000.00
Task 4: Implementation Costs and Schedule $4.582.00
Task 5: Permitting and Regulatory Review $4,890.00
Total Services $38,752.00
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. At the kick off meeting (to be set no later than
November 18, 2015), Consultant to provide firm dates for the Task outlined in the Schedule
above.
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
Page 6 of 8
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.
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.
Page 7 of 8
Town of Estes Park, Colorado
By: ____________________________________
Title: ____________________________________
ATTEST:
________________________
Town Clerk
APPROVED AS TO FORM:
________________________
Town Attorney
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 8 of 8
Professional Service Contract
EXHIBIT A
Part A
Town issued Request For Proposal
Design‐Build Services
Fall River Hydroplant and Upper Fish Hatchery Reaches Stabilization Project
Part B
RFP Addendum #1 and RFP Exhibit A through Exhibit N
Part C
Submitted Proposal:
FlyWater/Otak Team
Construction Agreement
8 Pages
1
TOWN OF ESTES PARK
DESIGN-BUILD CONTRACT
(Draft Document)
THIS AGREEMENT is effective as of the ___ day of __________, 2015 by and between the Town of
Estes Park (TOEP), a body corporate and political, P.O. Box 1200, Estes Park, Larimer County,
Colorado, 80517, (hereinafter called OWNER) and FlyWater, Inc (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Fall River Hydroplant and Upper Fish Hatchery Reaches Stabilization
Project.
The work comprises approximately 3,250 linear feet of stream bank stabilization and channel restoration
along a reach of Fall River. The project reach is defined by 2,700 feet from the Hydroplant Museum
going west to the border of Rocky Mountain National Park and 550 feet going east of the Hydroplant
Museum defined as the Upper Fish Hatchery reach. This construction contract agreement includes
finalizing the remaining portion of the design and completing all construction work. The schedule of
values shall be based on the following:
1. Task 1: Project Management $ 5,728.00
2. Task 2: Site Evaluation & Rough Grading Plan $ 7,520.00
3. Task 3: Final Design Plan Development $ 37,385.00
4. Task 4: Construction Phase 1-Reach I (Western) reach $ 99,367.00
Contract Total $150,000.00
5. Task 5: Construction Phase 2 -Reach II $150,000.00
Task 5 will be added by Change Order contingent upon final funding of the additional grant.
Article 2. PROJECT MANAGER
The Project Manager shall be Tina Kurtz, TOEP Community Department, and who is hereinafter called
PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and
responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
Construction Agreement
8 Pages
2
Article 3. CONTRACT TIMES
The Work must be completed by March 1, 2016 and ready for final payment in accordance with the
General Conditions subject to applicable laws regarding final payment. This work completion dead line
is for Task 1 through Task 4 as defined on Page 1 of this Contract Agreement.
Article 4. CONTRACTOR PRICE
OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract
Documents a Contract Sum amount not to exceed One Hundred Fifty Thousand dollars and 00/100
($150,000.00). Any changes, whether additions or deductions, shall be in writing and agreed upon by
Change Order and determined by the PROJECT MANAGER. Unit prices are those shown in the
Proposal and will be utilized to establish change order values. Quantities of work actually completed
will be determined by the PROJECT MANAGER.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions.
Applications for Payment will be processed by the PROJECT MANAGER as provided in the General
Conditions.
5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town’s Annual
Vendor Payment Schedule on account of the Contract Price on the basis of CONTRACTOR's
applications for Payment as recommended by PROJECT MANAGER, as provided by the
General Conditions during construction as provided in paragraphs 5.1.1 and 5.2 below.
CONTRACTOR to submit a Schedule of Values prior to starting construction, to be approved by
the PROJECT MANAGER.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously made
and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in
accordance with the General Conditions.
a. Ninety-five percent (95%) of Work completed (with the balance being retainage).
b. Ninety-five percent (95%) with the balance being retainage of materials and equipment
not incorporated in the Work (but delivered, suitably stored and accompanied by
documentation satisfactory to OWNER as provided in the General Conditions).
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the
General Conditions, OWNER will publically advertise the Project Completion as provided in
Section 38-26-106 C.R.S. Should no verified statement of claim be filed with the Owner, the
Owner shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER
as provided in the General Conditions.
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Article 6. INTEREST
Following settlement of any claims posted again this Contract; final payment will be made in
accordance with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as
provided in paragraph 27 of the General Conditions shall bear interest at the rate of 10% per annum
compounded monthly.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has examined and carefully studied Contract Documents, specifically the Site
and Rough Grading Plan produced by the Designer and 60% Design Development Plans
produced in Task 3, (including any Addenda(s)) and the other related data identified in the
Bidding Documents including "technical data".
7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance or furnishing the
Work.
7.3 CONTRACTOR acknowledges that drawings will be produced to a design/build level, to be
suitable for construction. The design/build approach requires the contractor to adhere to design
modifications through out construction.
7.4 CONTRACTOR acknowledges they have met with the Project Manager and has been in
correspondence with the Project Manager and has sought and received clarification of all issues
concerning construction and design.
7.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and
timely completion of this project as illustrated by the plans, drawings, and specifications.
7.6 CONTRACTOR understands that they may make on-site layout and grading and construction
modifications to achieve the desired intent of the design. Such modifications/grading changes
and layout cost are already included in the Contract Documents.
7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based
Agreement, based on: not to exceed amount totaling $150,000.00 that shall not be exceeded,
except for deductive contract changes allowed, agreed, and approved in writing.
7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a
final product acceptable to OWNER.
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7.9 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all examinations, investigations, explorations, tests, reports and studies which
pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers
necessary for the performance of furnishing the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of Paragraph 9 of the General Conditions; and no
additional examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by the CONTRACTOR for such purposes.
7.10 CONTRACTOR has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing underground facilities at or contiguous to the site
and assumes responsibility for the accurate location of said underground facilities. No additional
examinations, investigations, explorations, tests, reports, studies or similar information or data in
respect of said underground facilities are or will be required by CONTRACTOR in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents, including specifically the
provisions of the General Conditions.
7.11 CONTRACTOR has correlated the results of all such observations, examinations, investigations,
tests, reports, and data with the terms and conditions of the Contract Documents.
Article 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work, consisting of the following:
8.1 This Agreement
8.2 Exhibits to this Agreement.
8.3 Notice of Award
8.4 Notice to Proceed.
8.5 Information for Bidders.
8.6 Special Conditions.
8.7 General Conditions.
8.8 30% Design-Development Drawings bearing the title: Fall River Hydrplant and Upper Fish
Hatchery Reach Stabilization Project (as developed through Professional Service Contract).
8.9 Addenda (s).
8.10 Contractor’s Design-Build Proposal
8.11 Performance & Payment Bond
8.12 Drawing or Plans (documents as referenced)
8.13 Technical Specifications and Details (as required and developed).
8.14 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.15 Change Orders (post approval signatures)
8.16 Insurance Certificate, Business License, Tax Certification.
8.17 The following which may be delivered or issued after the Effective Date of the Agreement and
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are not attached hereto:
All Written Amendments and other documents amending, modifying, or supplementing
the Contract Documents pursuant to the General Conditions.
The documents composing the Contract Documents are attached to this Agreement and made part hereof
(except as expressly noted otherwise above).
Contractors are required to comply with applicable federal, state, and local safety and health laws,
regulations and ordinances.
There are no Contract Documents other than those listed above. The Contract Documents may only be
amended, modified, or supplemented as provided in the General Conditions.
In case of conflicting provisions, requirements or discrepancies the order of application of the Contract
Documents is as follows:
1. Change Orders for clarification of drawings
2. This Agreement
3. Addenda
4. Drawings
5. Special Conditions
6. General Conditions
Article 9. MISCELLANEOUS
9.1 Reference to the General Conditions shall include modification thereto by any Supplementary
Conditions issued.
9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in
conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights
or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and
all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and
exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party.
9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
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Documents.
9.5 In the event of default of any of the provisions of this Agreement by either party which shall
require the party not in default to commence legal actions against the defaulting party, the
defaulting party shall be liable to the non-defaulting party for the non-defaulting party's
reasonable attorney fees and costs, including fees of experts, incurred because of the default.
Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs
incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties,
against the Retainage held by the OWNER where the OWNER has paid such sums to the
CONTRACTOR.
9.6 The OWNER has allocated sufficient funds to pay the contract price.
9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any
Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents
shall be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
9.8 CONTRACTOR shall comply with the following grant funding requirements by Community
Development Block Grant – Disaster Recovery (CDBG-DR):
1. Maintain all design-build documents for a period of 5 years after close out.
2. Invoices must be sufficiently detailed.
3. No lobbying is allowed with grant funds.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate.
One counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All
portions of the Contract Documents have been signed, initialed or identified by OWNER and
CONTRACTOR or identified by PROJECT MANAGER on their behalf.
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This Agreement will be effective as provided on the first page hereof.
TOWN OF ESTES PARK
By: ______________________________ By: __________________________
William C. Pinkham
Title: ____________________________ Title: ________________________
(If CONTRACTOR is a corporation
attach evidence of authority to sign.)
Attest: __________________________ Attest: ______________________
Address for giving notices: Address for giving notices:
170 MacGregor Avenue
P. O. Box 1200
Estes Park, Colorado 80517
970-577-3586
Design‐Build Contract
EXHIBIT A
Construction Agreement
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Part A
Town issued Request For Proposal
Design‐Build Services
Fall River Hydroplant and Upper Fish Hatchery Reaches Stabilization Project
Part B
RFP Addendum #1 and RFP Exhibit A through Exhibit N
Part C
Submitted Proposal:
FlyWater/Otak Team
GENERAL CONDITIONS
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GENERAL CONDITIONS
(Draft)
DEFINITIONS
The following terms as used in the Contract Documents are defined as follows:
1. CONTRACT DOCUMENTS: The Contract Documents are the Information for Request for
Proposal, 30% Design Development Documents, 60% Design Development Documents,
Technical Specifications and Details, Drawings, Addendum, Bid Proposal, Notice of Award,
Contract Agreement, Payment and Performance Bond, Notice to Proceed and Change Orders,
all of which contain the provisions required for the construction of the Project.
2. CONTRACTOR: The entity with whom the Owner has entered into the Contract, acting
directly or through lawful agents or employees, primarily liable for the performance of the Work.
OWNER: The Town of Estes Park.
P.O. Box 1200
Estes Park, CO 80517
Phone: 970-586-5331
Fax: 970-586-6909
CONSULTANT: FlyWater, Inc. (Design-Build firm)
PROJECT: Fall River Hydroplant and Upper Fish Hatchery Reaches Stabilization Project
3. WORK: The furnishing of all labor, equipment and other incidentals necessary and convenient
to the successful completion of the Project. Work also includes the execution of all duties and
obligations imposed by the Contract Documents and the entire completed construction of the
various separate and identifiable parts thereof, required to be furnished under the Contract
Documents.
CONTRACTOR
4. The Contractor shall keep himself informed of, and shall comply with all applicable laws,
ordinances, rules, regulations and orders of any private or public body, including all federal,
state and local entities, having jurisdiction affecting the Work.
5. The Contractor shall protect and indemnify the Owner and its agents against any claim or
liability arising from or based on the violations of such ordinances, regulations, or laws, caused
by the actions of the Contractor, his agents, employees and subcontractors.
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6. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor,
equipment, tools, construction equipment and machinery, transportation and other services
necessary for the proper execution of the Work.
7. The Contractor warrants to the Owner that all materials and equipment incorporated in the
Work will be new unless otherwise specified, and that all Work will be of good quality, free from
faults and defects and in conformance with the Contract Documents and to the satisfaction of
the Owner.
8. The Contractor shall be required to remove all debris and excess material generated by the
Work. The final cleanup shall be to the satisfaction of the Owner. The Contractor shall be
responsible for disposition of all removed debris and excess material to a site furnished by the
Contractor.
CONTRACTOR'S REPRESENTATIONS
9. In order to induce the Owner to enter into the Contract, Contractor makes the following
representations:
A. Contractor has familiarized itself with the nature and the extent of the Contract
Documents, the locality, all physical characteristics of the area, including and without
limitation, improvements, soil conditions, drainage, topography, and all other features of
the terrain, and with the local conditions and federal, state and local laws, ordinances,
rules and regulations that in any manner may affect cost, progress or performance of
the Work, or apply in any manner whatsoever to the Work.
B. Contractor understands he shall not be allowed any extra compensation by reason of
any condition, as described above, concerning which he might fully have informed
himself, prior to signing the Contract.
C. If applicable, Contractor has given Owner written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents, and the written
resolution thereof by Owner is acceptable to Contractor.
SUPERVISION
10. The Contractor will supervise and direct the Work. He will be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The Contractor will employ
and maintain on the job a qualified supervisor or superintendent who shall have been
designated in writing by the Contractor as the Contractor's representative at the site. The
supervisor shall have full authority to act on behalf of the Contractor, and all communications
given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall
be present on the site at all times as required to perform adequate supervision and
coordination of the Work.
The Contractor shall at all times enforce strict discipline and good order among his employees
and shall avoid employing on the Project anyone unskilled in the Work assigned.
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PROTECTION OF PERSONS AND PROPERTY
11. The Contractor will be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. He will take all necessary precautions
for the safety of, and will provide the necessary protection to prevent damage, injury or loss to
all employees on the Work and the public who may be affected thereby, all the Work and all
the materials or equipment to be incorporated therein, whether in storage on or off the site, and
other property at the site or adjacent thereto, including pedestrian and vehicular traffic, trees,
shrubs, lawns, fences, walks, pavements, roadways, structures and utilities, shown nor not
shown on the plans which are not designated for removal, relocation or replacement in the
course of construction.
12. The Contractor shall provide, erect and maintain all necessary police, watchmen, flag men,
signing, traffic devices, barricades and sanitary facilities, as required by the conditions and
progress of the Work and all other necessary safeguards for safety and protection, as set forth
by the United States Department of Labor, Occupational Safety and Health Administration. He
will notify owners and users of adjacent utilities when prosecution of the Work may affect them.
He shall keep adjacent highways, streets and private access open to traffic and free of dirt and
litter resulting from handling operations. He shall take reasonable precautions to protect
private property adjacent to the project from such nuisances as dust, dirt, rock and excessive
noise. The Contractor shall remedy all damage, injury or loss to any property caused, directly
or indirectly, in whole or in part, by the Contractor, and subcontractor, or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them be liable.
SUBCONTRACTS
13. The Contractor may utilize the services of subcontractors on those parts of the Work which,
under normal contracting practices, are performed by specialty subcontractors.
14. The Contractor shall not award Work to subcontractor(s), in excess of fifty percent (50%) of the
total Contract Price, without prior written approval of the Owner.
15. The Contractor shall be fully responsible to the Owner for the acts and omissions of his
subcontractors, and of persons either directly or indirectly employed by them, as he is for the
acts and omissions of persons directly employed by him. Inconveniences and scheduling
delays caused by one subcontractor on another shall be the responsibility of the General
Contractor and not reflect additions to the contract time.
16. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to
the Work to bind subcontractors to the Contractor by the terms of the Contract Documents
insofar as applicable to the Work of subcontractors and to give the Contractor the same power
as regards terminating any subcontract that the Owner may exercise over the Contractor under
any provision of the Contract Documents.
17. Nothing contained in the Contract Documents shall create any contractual relation between
any subcontractor and the Owner.
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SEPARATE CONTRACTS
18. The Owner reserves the right to let other contracts in connection with this Project. The
Contractor shall afford other Contractors, utility companies or Owner's forces reasonable
opportunity for the introduction and storage of their materials and the execution of their Work,
and shall properly connect and coordinate his Work with theirs. If the proper execution or
results of any part of the Contractor's Work depends upon the work of any other contractor, the
Contractor shall inspect and promptly report to the Owner any defects in such Work that render
it unsuitable for such proper execution and results.
PERMITS AND LICENSES
19. All permits, licenses and easements shall be secured and paid for by the Owner, unless
otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances,
rules and regulations bearing on the conduct of the Work as drawn and specified. If the
Contractor observes that the Contract Documents are at variance therewith, he shall promptly
notify the Owner in writing, and any necessary changes shall be adjusted as provided in the
Contract Documents for changes in the Work. Contractor shall acquire Town Business
License prior to Notice to Proceed.
TAXES
20. This Project is tax exempt. The Contractor and any Subcontractor shall exclude all sales and
use taxes administered by the State of Colorado from the bid amount submitted arising out of
such purchase, if any, by the Contractor and any Subcontractor of any tangible personal
property to be built into the Work by the Owner. (Section 39-26-708 C.R.S.)
Building materials for construction work on property owned by tax-exempt organizations:
religious, charitable and governmental, may be purchased tax free. However, the purchaser
must have an Exemption Certificate. The GC shall obtain this certificate; the contractor must
submit an "Application for Exemption Certificate" (DR 0172) to the Department of Revenue
for this project.
The sales and use tax exemption applies to materials that become part of the structure,
highway, road, street or other public works owned and used by the tax-exempt organization.
Also, electricity and most fuels consumed in performing real property construction are
exempt. The purchase or rental of equipment, supplies, and other materials by the contractor
is taxable.
CHANGES IN THE WORK
21. The Owner may at any time, as the need arises, order changes within the scope of the Work.
If such changes increase or decrease the amount due under the Contract Documents, or in the
time required for performance of the Work, an equitable adjustment shall be authorized by
Change Order. All Change Orders shall be in writing, executed by the parties and contain the
amount of the adjustment in the contract price or the time required for performance of the
Work.
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22. Any such changes shall not (a)invalidate the Contract, (b)relieve or release Contractor from
any of its obligations under the Contract Documents or any guaranty or warranty given by it
pursuant to the Contract Documents, or (c)affect the validity of the guaranty bonds or relieve or
release the surety or sureties on such bonds.
23. All change orders shall be initiated by the Contractor and shall be accompanied by sufficient
documentation to enable the Owner and the Architect to determine the scope of the change
order with regard to the change in the work, the amount of work required and any necessary
change in the completion schedule of the project. Said change orders shall be submitted to
Architect or Owner and following his approval and recommendation, submitted to the Owner for
the Owner's approval. No change orders shall be effective until such time as it has been
approved by the Owner.
UNFORESEEN DIFFICULTIES
24. If in the prosecution of the Work, the Contractor encounters unusual soil or water conditions,
buried utility lines obstructions, inaccurate surveys or descriptions, or any difficulties not
apparent at the time the Contract was made, the Contractor shall notify the Owner in writing of
such difficulties and shall initiate a Change Order if required.
PARTIAL PAYMENT
25. The Contractor, within seven (7) calendar days following the twenty-fifth day of the month in
which work on the Project is performed, shall prepare for the Architect's or Owner's approval, a
partial payment estimate of the value of the Work in place.
26. The Town’s Project Manager shall, within seven (7) calendar days after receipt of each partial
payment estimate, either indicate their approval of the estimate by signing and returning a copy
to the Contractor or return the estimate unsigned indicating in writing their reason for refusing
payment.
27. The Project Manager shall, submit for payment, and process in accordance with the annual
Town’s Vendor Payment Schedule said request. The Owner shall retain five percent (5%) of
the total value of the amount the Contractor has earned to date, until final completion and
acceptance of all Work covered by the Contract Documents. Total retainage shall not be less
than five percent (5%) of the contract total.
28. All Work covered by partial payment made shall thereupon become the sole property of the
Owner, but this provision shall not be construed as relieving the Contractor of the sole
responsibility for the care and protection of the Work upon which payments have been made or
the restoration of any damaged Work, or as a waiver of the right of the Owner to require the
fulfillment of all terms of the Contract Document.
29. The foregoing, notwithstanding any part or whole of any payment, may be withheld by Owner
to the extent it deems necessary and reasonable to protect its interests if it discovers evidence
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of or has reasonable cause regarding the following, as same relates to provisions of the
Contract Documents:
A. Defective work, materials or equipment not corrected or replaced.
B. Claims filed against Contractor related to the work.
C. Reasonable evidence indicating probable filing of such claims against Contractor.
D. Failure of Contractor to make payments to subcontractors or for materials, labor,
supplies or equipment.
E. A reasonable doubt that the Contract may be completed for the then unpaid balance.
F. Unsatisfactory progress of the work by Contractor.
30. No monies, payable under this Contract, or any part thereof, shall become due and payable if
Owner so elects, until Contractor has provided written evidence or documents that it has fully
settled or paid for all materials and equipment used in or upon the work and labor provided in
connection therewith. Owner, if it so elects, may pay any or all such bills, wholly or in part, and
deduct the amount or amounts so paid from any periodic or final payment. In the event the
surety on any bond given by Contractor becomes insolvent, or is placed in the hands of a
receiver, or has its right to do business in the state revoked as provided by law, Owner, at its
election, shall withhold payment of any estimate filed or approved until Contractor shall give a
good and sufficient bond in lieu of the bond so executed by such surety.
SEMI-FINAL INSPECTION
31. Upon preparation by the Contractor of the final partial payment estimate, the Contractor shall
advise the Owner in writing that the Work is substantially completed under the terms of the
Contract Documents and request a semi-final inspection be made in preparation for final
acceptance by the Owner.
32. The Owner, upon receipt of written request for semi-final inspection, shall promptly make said
inspection for the Work and issue to the Contractor a Written Notice advising him of any
deficiencies, corrective measures or cleanup that he must complete prior to preparation of the
final payment request.
FINAL PAYMENT REQUEST, ACCEPTANCE AND RELEASE
33. Upon Completion of the Work the Contractor within ten (10) calendar days thereafter shall:
A. Prepare a final payment request, for Owner's approval, showing the total value of the Work
completed in accordance with the Contract Documents and as modified by any Change
Orders, less the value of the following:
(1) Partial payments previously made by the Owner to the Contractor.
(2) Retention of any claims, on file with the Owner, against the Contractor.
(3) Estimated costs completing any incomplete or unsatisfactory items of the Work.
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(4) Payments advanced by the Owner, to subcontractors, material and equipment
suppliers, or others, which are known by the Contractor to have been made but not
previously accounted for.
(5) Liquidated damages not previously paid to the Owner by the Contractor.
B. Contractor shall submit in duplicate a signed and notarized affidavit to Owner stating that all
subcontractors, vendors, persons, or firms who have furnished labor or materials for the Work
have been fully paid or satisfactorily secured and that all taxes, if any, have been paid. The
affidavit shall also contain a statement consenting to the final payment signed by the surety
company which has provided the performance and payment bond for the Work.
C. Notwithstanding the foregoing, in the event Owner incurs any costs or legal fees related to the
final settlement or payment thereof, or litigation of claims, then all such costs, expenses, expert
and attorney fees shall be withheld from the final payment due the Contractor by Owner and
retained by Owner for reimbursement of same.
D. The Owner shall advise the Contractor by Written Notice that:
(1) The Work has been inspected and accepted by them under the conditions of the
Contract Documents.
(2) The Work, effective the date of the Notice, is placed under Warranty, at the
Contractor's expense for a period of one year, or such other period as called for in the
Special Conditions.
(3) That time susceptible to liquidated damages shall begin the day following the final
walkthrough, final acceptance, or upon issue of the Certificate of Occupancy, as
specified by the Owner in writing.
(4) Final payment to the Contractor shall be subject to the provisions of Section 38-26-107,
C.R.S., including allowance of the time necessary to publish the Notice of Final
Settlement and retention of funds necessary to insure the payment of all claims made
under the provisions of said Section.
34. Upon submitting the final payment request, the Contractor by such act, indemnifies and saves
the Owner and his agents harmless from all claims growing out of the lawful demands of
subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and
parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance
of the Work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all
obligations of the nature designated above have been paid, discharged or waived. If the
Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid
bills or withhold from the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is
furnished that all liabilities have been fully discharged, in accordance with the terms of the
Contract Documents, but in no event shall the provisions of this sentence be construed to
impose any obligations upon the Owner to either the Contractor, his Surety, or any third party.
In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be
considered as a payment made under the Contract Documents by the Owner to the
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Contractor, and the Owner shall not be liable to the Contractor for any such payment made in
good faith.
35. The acceptance by the Contractor of final payment shall be and shall operate as a release to
the Owner of all claims and all liability to the Contractor for all claims in stated amounts as may
be specifically excepted by the Contractor for all things done or furnished in connection with
this Work and for every act and neglect of the Owner and others relating to or arising out of this
Work. Any payment, however, final or otherwise, shall not release the Contractor or his
sureties from the Warranty Period or any other obligations under the Contract Documents or
the Performance and Payment Bond.
TOWN PROJECT MANAGER'S STATUS AND DECISIONS
36. The Town’s Project Manager shall act as the Owner's representative during the construction of
the Project. They shall decide questions which arise in the execution of the Work. They shall
perform technical inspections in the field, in laboratories, at factories, at sources of supply and
wherever they feels the necessity to determine the quality and acceptability of material and
equipment furnished and work performed. They shall determine the quantity of Work to be
paid and approve all partial payments, estimates and the final payment request for submittal to
the Owner.
37. The Town’s Project Manager will not be responsible for the construction means, controls,
techniques, sequences, procedures or construction safety.
38. The Town’s Project Manager shall, within a reasonable time after presentation, make decisions
by Written Notice on all claims of the Owner or the Contractor on all matters relating to the
execution and progress of the Work or the interpretation of the Contract Documents.
INTERPRETATIONS OF DRAWING AND SPECIFICATIONS
39. All work shall be executed in strict coordination with the design-build team, and the Contractor
shall do no work without proper drawings and instruction.
40. Contractor shall keep a copy of the drawings and specifications on the job site and shall at all
times give Owner access thereto, as deemed necessary by the design-build team and the
Owner. Anything contained in the specifications and not shown on the drawings, or shown on
the drawings and not contained in the specifications, shall be of like effect as if shown or
contained in both.
A. In case of discrepancy between drawings and specifications, the specifications shall
govern.
B. Computed dimensions shall govern. Contractor shall not scale drawings. As deemed
necessary by the design-build team.
C. Schedules on drawing sheets shall govern over all other portions of the drawings.
D. Specific notes shall govern over general notes.
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E. In interpreting the Contract Documents, words describing materials or work which have
a well known technical or trade meaning, unless otherwise specifically defined in the
Contract Documents, shall be construed in accordance with such well known meaning
recognized by architects, engineers, and the construction trade.
F. If the Contract Documents are not completed as to any minor detail of a required
construction system or of a manner of combining or installing of parts, materials, or
equipment, but there exists an accepted construction trade standard for good and
workmanlike construction, such detail shall be deemed to have been implied and
required by the Contract Documents in accordance with such standard.
41. Existing subsurface conditions including, but not limited to, soil boring data and any
underground utilities shown on the plans and/or referred to in the specifications are indicative
and are for informational purposes only. It shall be the Contractor's obligations to verify and
augment such information and data to fully satisfy himself as to the conditions under which the
work will be done. The Contractor shall maintain in operating condition all active utilities
encountered in this construction. He shall contact all public utilities and all pertinent contractors
involved and have their representative locate their pipes, conduits, cables, or other facilities
before construction is started. The Owner does not assume responsibility for location or
disturbance of utilities or other existing subsurface features or conditions encountered on this
project. Where test boring legs indicating underground conditions or surveys of underground
utilities are shown on the plans, such logs and surveys shall be considered only as indicative of
conditions and the Owner shall not be held responsible for any variance in actual conditions
encountered at the time of construction.
OWNERSHIP OF DRAWINGS, SPECIFICATIONS AND DOCUMENTS
42. Except for Contractor's executed set, all of the drawings and the Contract Documents are the
property of Owner. Contractor shall be provided ten sets of drawings, specifications and other
documents and material required to perform the work. The drawings and specifications are not
to be used on other work, and upon request, all sets shall be returned to Owner at the
completion or cessation of the work or termination of the Contract.
AS-BUILT DRAWINGS
43. A set of drawings shall be maintained at the site with all changes or deviations from the original
drawings legibly marked thereon in contrasting color. Such document shall be a separate set
of drawings, not used for construction purposes, which shall be made available for inspection
by Owner at all times. Upon completion of the contract or cancellation of the work on this
Contract, this set of drawings of "as-builts" shall be delivered to Owner and shall become the
permanent property of Owner. After written notification, the Owner reserves the right to hire an
independent engineer at the Contractor's expense to provide same if said as-built drawings are
not provided in full prior to final payment.
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INDEMNIFICATION
44. To the fullest extent permitted by law, Contractor agrees to indemnify and hold harmless the
Owner, and its officers, employees, and volunteers from and against all claims, liability, and
demands, on account of injury, loss, or damage, which arise out of or are connected with
services under this Agreement if such injury, loss, or damage, or any portion thereof, is caused
by, or claimed to be caused by, the act, omission, or other fault of Contractor, or any officer,
employee, or agent of Contractor, or any other person for whom Contractor is responsible.
Contractor shall investigate, handle, respond to, and provide defense for and defend against
any such liability, claims, and demands, and to bear all other costs and expenses related
thereto, including court costs and attorneys’ fees. Contractor’s indemnification obligation shall
not be construed to extend to any injury, loss, or damage which is caused solely by the act,
omission, or other fault of the Owner.
TERMINATION BY THE CONTRACTOR
45. If the Owner fails to make payment as provided herein for a period of thirty (30) calendar days
after payment is due, the Contractor may, after ten (10) days written notice to the Owner of
said non-payment and failure of the Owner to pay the amount due within said ten (10) day
period, terminate the Contract by written notice to the Owner. Contractor will be entitled, as its
sole compensation, the actual, verifiable direct cost of the Work completed plus a mark-up of
15% aggregate for Contractor, subcontractors, and suppliers of all of those costs for indirect
costs, impact costs, administration, or profit minus any amounts owed to Owner by Contractor
under the Contract Documents. Contractor will not be entitled to any claim against Owner for
unearned compensation, loss profits, lost opportunities, or other damages.
TERMINATION AND DELAYS
46. If Contractor is involved in a proceeding in bankruptcy, either voluntary or involuntary; makes a
general assignment for the benefit of creditors; has a receiver appointed on account of its
insolvency; persistently or repeatedly refuses or fails, in matters for which extension of time in
writing is provided, to supply enough properly skilled workers or property materials; fails to
adhere to all applicable laws, rules, regulations, ordinances, or directions of Owner, ceases
operations under the Contract at any time for a period of three (3) working days without
excusable delay; refuses or fails to prosecute the work with such due diligence as will ensure
its completion within the time specified herein, or as modified; or otherwise breaches any
provision of the Contract Documents, then Owner may, without prejudice to any other right or
remedy, and after giving Contractor and its surety seven (7) days written notice, terminate the
employment of Contractor. Upon such termination, Owner may take over the work and
prosecute the same to completion, and Contractor shall be liable to Owner for any reasonable
cost incurred for completion of the work. If Contractor's right to proceed is so terminated,
Owner may take possession of and utilize such materials, tools, equipment, and facilities on
the site of the work necessary for completion of the Project. In such case, Contractor shall not
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be entitled to receive any further payment until the work is finished. If the unpaid balance of the
contract price exceeds the expense of finishing the work, including compensation for additional
material and administrative services including any attorneys' fees incurred by Owner, such
excess shall be paid to Contractor. If such expense exceeds the unpaid balance, Contractor
shall be liable for and pay the difference to Owner.
47. Upon termination, as provided herein, all expenses incident to ascertaining and collecting
losses from Contractor or its surety, including reasonable attorney fees, expert fees, and costs,
shall be paid to Owner by Contractor or its surety.
CONTRACT SECURITY
48. The Contractor shall, within seven (7) calendar days after the receipt of the Notice of Award,
furnish the Owner with a Performance and Payment Bond in the penal sum of the total
Contract Price, conditioned upon the performance by the Contractor of all undertakings,
covenants, terms, conditions and agreements of the Contract Documents and upon the prompt
payment by the Contractor to all persons by the Contract Documents. Such Bond shall be
executed by the Contractor and a corporate bonding company licensed to transact such
business in the State of Colorado and approved by the Owner. The expense of the Bond shall
be borne by the Contractor. If at any time a surety on any such Bond is declared a bankruptcy,
or loses its right to do business in the State of Colorado, or is disproved by the Owner, the
Contractor shall, within ten (10) calendar days after notice from the Owner to do so, substitute
an acceptable Bond (or Bonds) in such form and sum and signed by such other surety or
sureties as may be satisfactory to the Owner. The premiums on such Bond shall be paid by
the Contractor. No further partial payments shall be deemed due nor shall be made until the
new surety or sureties shall have furnished an acceptable Bond to the Owner.
VERBAL AGREEMENTS
49. No verbal agreements or conversations with any agent or employee of Owner either before or
after execution of the Contract, shall affect or modify any of the terms or obligations contained
in any of the documents comprising the Contract Documents.
NOTICES
50. All notices, field orders, change orders, demands, requests, instructions, approvals, proposals
and claims must be in writing.
51. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office
of the Contractor stated on the signature page of the Contract (or at such other office as the
Contractor may from time to time designate in writing to the Owner), or if deposited in the
United States mail in a sealed, postage prepaid envelope or transmitted by facsimile.
52. All papers required to be delivered to the Owner shall, unless otherwise specified in writing to
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the Contractor, be delivered to Tina Kurtz, Environmental Planner, Community Development
Department 170 MacGregor Avenue, P.O. Box 1200, Estes Park, CO 80517. Any notice to or
demand upon the Owner shall be sufficiently given if so delivered, or if deposited in the United
States mail in a sealed, postage prepaid envelope or fax delivered with charges prepaid to
Owner at such address, or to such other address as the Owner may subsequently specify in
writing to the Contractor for such purpose.
Any such notice will be deemed to have been given as of the time of actual delivery.
CONTRACTOR'S WORKING CONDITIONS
53. SUPERINTENDENCE: The Contractor shall give his personal superintendence to the work or
have at the site of the work at all times a competent foreman, superintendent, or other
representative satisfactory to the Owner and having authority to act for the Contractor. All
directions given to him shall be as binding as if delivered to the Contractor. Such directions
shall be confirmed upon written request to the written request to the Owner by the Contractor
or his superintendent.
Insofar as it is practicable, and except in the event of discharge by the Contractor or in the
event of proven incompetence, the individual who has been accepted to represent the
Contractor shall so act, and shall follow without delay, instructions of the Owner in the
prosecution of the work in conformity with the Contract.
54. LABOR: The Contractor shall employ competent and skilled workmen and foremen in the
conduct of the Work. The Contractor shall at all times enforce strict discipline and good order
among its employees. The Owner shall have the authority to order the removal from the work
of any Contractor's employee who refuses or neglects to observe any of the provisions of these
contract documents or who is incompetent, unfaithful, abusive, threatening, or disorderly in his
conduct, and any such person shall not again be employed on this project without permission
of the Owner.
55. USE OF THE JOB SITE AND PRIVATE LAND: The Contractor shall confine his equipment,
apparatus, the storage of materials and operations of his workmen to limits indicated by law,
ordinances, permits or directions of the Owner and shall not encumber the premises with his
materials.
The Contractor shall not use any vacant lot or private land as a plant site, depository for
materials, or as a spoil site without the written authorization of the property owner (or his
agent), a copy of which authorization shall be filed with the Owner.
56. PROTECTION OF THE PUBLIC, WORKS, AND PROPERTY: The Contractor shall provide
and maintain all necessary watchmen, barricades, red lights and warning signs and take all
necessary precautions for the protection of the public. He shall continuously maintain
adequate protection of all work from damage, and shall take all reasonable precautions to
protect Owner's property from injury or loss arising in connection with the Work. Contractor
shall correct any damage, injury or loss to its work and to the property of the Owner, except
such as may be due to errors in the Contract Documents, or caused by agents or employees of
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the Owner.
57. The Contractor shall shore up, brace, underpin, secure and protect as may be necessary, all
foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of
the site, which may be in any way affected by the excavations or other operations connected
with the construction of the improvements embraced in this Contract. The Contractor shall be
responsible for the giving of any and all required notices to any adjoining or related contractors
or other party before the commencement of work.
58. ACCIDENT PREVENTION: The Contractor shall exercise proper precaution at all times for
the protection of persons and property and shall be responsible for all damages to persons or
property, either on or off the site, which occur as a result of Contractor's prosecution of the
work. The safety provisions of applicable laws and building and construction codes shall be
observed, and the Contractor shall take or cause to be taken such additional safety and health
measures as the Owner may determine to be reasonably necessary.
59. REMOVAL OF DEBRIS, CLEANING: The Contractor shall, periodically or as directed during
the progress of the work, remove and legally dispose of all surplus excavated material and
debris to a site of his choice and at his expense, and keep the project area and public rights-of-
way reasonably clear. Upon completion of the work, he shall remove all temporary
construction facilities, debris and unused materials provided for the work, and put both the site
of the work and the public rights of way in a neat and clean condition. Trash burning on the
site of the work will be prohibited.
COMPLETION TIME AND LIQUIDATED DAMAGES
60. The date of beginning and the time for completion of the Work are essential conditions of the
Contract Documents.
61. The contractor will proceed with the Work at such rate of progress to insure full completion
within the Contract Time. It is expressly understood and agreed, by and between the
Contractor and the Owner, that the Contract Time for the completion of the Work described
herein is a reasonable time, taking into consideration the average climate and economic
conditions and other factors prevailing in the locality of the Work.
62. If the Contractor shall fail to complete the Work within the Contract Time, or extension of time
granted by the Owner pursuant to a Change Order, then the Contractor will pay to the Owner
the amount for liquidated damages as specified in this Section.
63. The Contractor shall not be charged with liquidated damages or any excess cost when the
delay in completion of the Work is due to the following and the Contractor has promptly given
Written Notice of such delay to the Owner.
A. To any act of the Owner.
B. To foreseeable causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to, acts of God, or the public enemy, fires,
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floods, epidemics, quarantine restrictions, strikes, freight embargoes, unforeseeable
severe weather and acts of the federal or state government.
C. Provision for unusually severe weather is included within the specified construction
period. No further allowance for severe weather shall be made regardless of actual
weather conditions, except for adverse weather of unprecedented severity as
determined by the Owner. Contractor shall assume responsibility for adequate weather
protection of work in progress and work in place, recognizing the inclement weather
typical of the mountain environment and the season of the year.
D. Any inconvenience or scheduling delays caused by the failure or neglect of any
Subcontractor, suppliers or materialmen shall not be considered as an unforeseeable
cause beyond the control and without the fault of the Contractor and further shall not be
grounds for delay of the completion of the Work.
64. The Owner shall have the right to deduct the amount of liquidated damages from any moneys
due or to become due to the Contractor, or to sue for and recover compensation and his
Surety, from the Contractor.
65. The amount of liquidated damages shall be $250.00 per day for each calendar day beyond the
days specified in the Special Conditions. The Owner and the Contractor hereby agree that
said sum is a reasonable amount taking into consideration the amount of damages the Owner
will incur as the result of the Project not be completed within the specified time.
TIME OF COMMENCEMENT AND COMPLETION
66. Prompt completion of the work is essential to the Owner. Time is of the essence in all respects
regarding the Work. Contractor shall carry out construction of the project with all due diligence.
Completion of the Work shall be achieved no later than March 1, 2016. Construction will start
upon substantial completion of Design Development Plans. The Design-Build contract allows
design to be continuous during the construction process. The Design-Build team will establish
weekly up- dates to the Owner and alert Owner of any delays and present plans to re-mediate
the delay.
INSURANCE
67. Contractor shall provide the following insurance requirements:
A. The Contractor agrees to procure and maintain, at its own cost, the following
policy or policies of insurance. The Contractor shall not be relieved of any
liability, claims, demands, or other obligations by reason of its failure to procure
or maintain insurance, or by reason of its failure to procure or maintain
insurance in sufficient amounts, durations, or types.
B. The Contractor shall procure and maintain the minimum insurance coverages
listed below. Such coverages shall be procured and maintained with forms and
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insurers acceptable to the Owner. All coverages shall be continuously
maintained from the date of commencement of services under the Contract
Documents. In the case of any claims-made policy, the necessary retroactive
dates and extended reporting periods shall be procured to maintain such
continuous coverage.
(1) Workers’ Compensation insurance to cover obligations imposed by the
Workers’ Compensation Act of Colorado and any other applicable laws
for each employee engaged in the performance of Work under this
Agreement, and Employers’ Liability insurance with minimum limits of
Five Hundred Thousand Dollars ($500,000) each accident, Five Hundred
Thousand Dollars ($500,000) disease – policy limit, and Five Hundred
Thousand Dollars ($500,000) disease – each employee.
(2) Commercial General Liability Insurance with minimum combined single
limits of One Million Dollars ($1,000,000) each occurrence and Two
Million Dollars ($2,000,000) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily
injury, broad form property damage (including complete 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.
(3) Commercial Automobile Liability insurance with a minimum combined
single limits for bodily injury and property damage of not less than One
Million Dollars ($1,000,000) each occurrence with respect to each of
Contractor’s owned, hired and/or non-owned vehicles assigned to or
used in performance of the services. The policy shall contain a
severability of interests provision. The policy shall include coverage for
uninsured/underinsured motorists.
C. The policies required above, except for the Workers’ Compensation insurance
and Employers’ Liability insurance, shall include or be endorsed to include the
Owner, its officers and employees, as additional insureds. Every policy
required above shall be primary insurance, and any insurance carried by the
Owner, its officers, or its employees, shall be excess and not contributory
insurance to that provided by Contractor. The additional insured coverage for
the insurance required above shall not contain any exclusion for bodily injury or
property damage arising from completed operations. The Contractor shall be
solely responsible for any deductible losses under each of the policies required
above.
D. Certificates of insurance shall be completed by Contractor’s insurance agent as
evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be subject to review and
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approval by the Owner. Each certificate shall identify the Contract Documents
and shall provide that the coverages afforded under the policies shall not be
cancelled, terminated or materially changed until at least 30 days prior written
notice has been given to the Owner. The Owner reserves the right to request
and receive a certified copy of any policy and any endorsement thereto.
E. Failure on the part of Contractor to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material
breach of contract upon which the Owner may immediately terminate the
contract, or at its discretion may procure or renew any such policy or any
extended reporting period thereto and may pay any and all premiums in
connection therewith, and all monies so paid by the Owner shall be repaid by
Contractor to the Owner upon demand, or the Owner may offset the cost of the
premiums against any monies due to Contractor from the Owner.
FINANCE DEPARTMENT
Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Steve McFarland, Finance Officer
Date: November 10, 2015
RE: Addition of a payroll technician
Objective:
Staff is seeking permission to begin the hiring process for the Payroll Technician
position as soon as is feasibly possible.
Present Situation:
In the past, Finance and Administrative Services have shared responsibilities for
handling human resources and payroll production. Payroll production utilizes Paylocity,
a 3rd-party firm. While Paylocity provides the actual creation of paychecks and
appropriate tax reports, Town staff is still an essential part of the payroll process. Staff
must input data, and once payroll is completed, make appropriate journal entries to the
Town accounting software. In early 2016, these payroll responsibilities were assumed
by Finance, whereas Human Resource responsibilities were retained by Administrative
Services. While payroll has been successfully completed cooperatively by Finance and
Human Resources, the Finance person handling payroll has seen her workload
significantly increase, resulting in material amounts of overtime, as well as generally
falling behind in her existing responsibilities. The existing situation has also resulted in
the unsatisfactory state of only one person knowing how to complete payroll. This is a
basic “no-no” in Finance/auditing: excessive responsibilities/tasks with no cross-
training/review.
The Payroll Technician is budgeted as a 2016 addition, and was discussed during the
Budget Study Sessions in October 2015. Staff is seeking permission to hire the Payroll
Technician as soon as is feasible in order to expose the hiree to important end-of-year
transactions that will occur as part of the position’s duties. Realistically, approval of
hiring this position immediately would probably only affect a week or two of the 2015
Budget (if that), but would give Finance an immediate jump on 2016, including exposing
the Payroll Technician to the aforementioned end-of-year processes and transactions.
Proposal:
Staff requests permission to immediately begin the hiring process for the Payroll
Technician.
Advantages:
Commencing immediately with the hiring process will allow the Finance Department to
potentially hire a Payroll Technician in time to expose him/her to end-of-year
transactions, which are significant in scope. It will also allow the Accountant I, who has
been doing payroll, to return to her duties sooner so that she will then be able to more
readily assist with 2015 CAFR prep work.
Disadvantages:
This is not a disadvantage, but as this is a new position, Staff has debated to what level
this position should be funded (part time, full time). Staff recommends beginning this
position at 30 hours plus benefits. The 2016 Budget allows for expansion to 40 hours if
necessary.
Action Recommended:
Staff recommends allowing the hiring process to commence immediately.
Budget:
The Payroll Technician position is recognized in the 2016 Budget, the costs being split
between the General Fund (Finance Department) and Utilities.
Level of Public Interest
Low.
Sample Motion:
I move for the approval/denial of allowing Staff to begin the hiring process for the
Payroll Technician.
Attachments:
There are no attachments to this memo.
RESOLUTION #17-15
SUPPORTING THE USE OF LARIMER COUNTY MILL LEVY FUNDS FOR
INTERSTATE 25 (I-25) IMPROVEMENTS
WHEREAS, the Board of County Commissioners recognizes that I-25 is an integral
part of the transportation system in northern Colorado that connects communities along
the Front Range and further recognizes the need to expand the number of travel lanes to
safely accommodate current and future traffic; and
WHEREAS, Colorado Department of Transportation (CDOT) is making application
for a Risk and Resiliency grant, through a Presidential Challenge, to replace three (3)
bridges on I-25 (Cache la Poudre, Big Thompson and Little Thompson) and to repair the
Saint Vrain Bridge; and
WHEREAS, CDOT has identified these bridges as ‘pinch points’ that currently
restrict expansion of the number of lanes on I-25 in northern Colorado; and
WHEREAS, the Risk and Resiliency grant for the bridges is a portion of a larger
grant application for the entire State of Colorado that is scheduled to be evaluated and
awarded by the end of 2015; and
WHEREAS, the Board of County Commissioners recognize that the grant request
will need matching local funds to be viable and that the County should provide a portion of
that match; and
WHEREAS, the Board of County Commissioners understands that the increased
property valuations for Larimer County property owners in 2015 provides an opportunity
to temporarily increase the Road & Bridge Mill levy for a period of five years without
detriment to other County programs and without modifying the total mill levy; and
WHEREAS, Assessed valuations on properties in municipalities are shared
between the municipality and the County and assessed valuations on properties in the
unincorporated areas goes to the County; and
WHEREAS, the Board of County Commissioners presented to the Larimer County
Joint Regional Meeting on October 22, 2015, to the eight (8) communities within Larimer
County (Fort Collins, Loveland, Berthoud, Estes Park, Wellington, Timnath, Windsor, and
Johnstown) the concept of temporarily moving General Fund mill levy to Road & Bridge
mill levy with each local government contributing their increased portion to I-25
improvements and the concept has been well received and verbally supported; and
WHEREAS, the increased mill levy is estimated to generate approximately $5.3
million over the five years for use on I-25 and the remaining Larimer County funds,
estimated at approximately $4.7 million, will be used on a regional project(s) that will
benefit residents of the County including those residing within the eight (8) communities
listed previously; and
WHEREAS, the Board of County Commissioners has asked that each community
pass a similar Resolution committing to the temporary mill levy adjustment for I-25 for
Larimer County budget approval purposes and will work with said communities to develop
an Inter-Governmental Agreement.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK to hereby support the shift of funds from the mill levy general
fund to the mill levy road & bridge fund for a period of five (5) years adjusting the
increased mill to generate approximately $2,000,000 per year.
DATED this day of 2015.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
ADMINISTRATION Memo
To: Honorable Mayor Pinkham
Board of Trustees
Frank Lancaster, Town Administrator
From: Travis Machalek, Assistant Town Administrator
Date: November 10, 2015
RE: Reallocation of Community Reinvestment Funds Dedicated for a
Collections Facility to Cover Museum Renovations
Objective:
To obtain approval to reallocate $200,000 in the Community Reinvestment Fund
currently earmarked for a Museum Collections Facility and use it instead to complete
Museum renovations.
Present Situation:
In 2012, the Board earmarked $200,000 in Community Reinvestment Fund money to
start building a reserve for the construction of a Museum Collections Facility. The initial
plan was to earmark additional funding for this facility in each subsequent year. Due to
competing priorities these additional financial set asides have not been made.
As stated in the Budget Study Session, the construction of the Collections Facility with
Town funds is not financially feasible due to the state of the Town’s General Fund.
Accordingly, staff requests that the funds currently earmarked for this facility be used
instead to renovate the Museum in order to make the existing space viable for the next
15-20 years. This renovation would focus on office space, exhibit space, and the
meeting room (if funding allows).
Advantages:
Corrects existing deficiencies with office space and exhibit space
Maintains the Town’s commitment to the Museum
Disadvantages:
Does not provide for the construction of a Collections Facility
Budget:
Currently, the earmarked $200,000 exists in fund balance (no account number
assigned). If the reallocation is approved, the funds will be budgeted in account 204-
5400-544-32.22.
Level of Public Interest:
Staff expects a moderate level of public interest in this issue from the general
community as it is a significant change to existing plans.
Recommended Motion:
I recommend approval of the reallocation of $200,000 in the Community Reinvestment
Fund, currently dedicated to funding a Collections Facility, to fund renovations of the
Museum.
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: November 10, 2015
RE: Scott Ponds Natural Area Dams Modification Construction Contract
Award
Present Situation:
On October 13th, 2015, the Town Board approved a construction contract to Kelley
Trucking for $780,000 for dam modifications to the Carriage Hills Ponds. This number
was $360,000 below the bid submitted by Kelley Trucking. Public Works and its
consultant (Cornerstone Construction) have been working in good faith with Kelley
Trucking to reduce the project scope to a level that would meet the State Engineer’s
Office for jurisdictional compliance and allow Kelley Trucking to keep their submitted
unit prices in the bid and meet the $780,000 grant funding amount. To date, Kelley
Trucking has not executed a construction contract for this modified project scope and
fee. On November 4th, 2015, Kelley Trucking sent an email to Cornerstone stating that
the budget constraints, redesign plan approval and postponed construction start date
have led them to be amicable that the Town pursue other Contractor’s to perform this
work. Public Works immediately contacted the second qualified bidder on the project
(Dietzler Construction) who subsequently reviewed and accepted the scope reduction
items, the schedule and the $780,000 contract amount.
Proposal (From the October 13th Town Board Memo):
On September 3, 2015, Public Works advertised a Request for Bid that would construct
a jurisdictional dam for the Upper Carriage Hills Pond and construct a non-jurisdictional
dam for the Lower Carriage Hills Pond.
Four companies attended the mandatory pre-bid on September 9th. Of those four, two
submitted a bid for construction. After three weeks of advertising, the bids were opened
on September 25th.
The following table contains the bids for each company:
COMPANY CITY UPPER DAM LOWER DAM TOTAL FEE
Kelley Trucking Golden $779,574 $360,009 $1,139,583
Dietzler Construction Berthoud $773,910 $410,305 $1,183,335
The bids were within 4% of each other – so there is confidence that the plans and
specifications were clear and that these bids reflect the construction industry cost for
this work. Both construction companies have good experience and references.
Action Recommended by Staff:
To advance the Scott Ponds Natural Area Dam Modification Project and meet funding
requirement goals of a final construction project completion date of March 31, 2016,
Staff recommends awarding a construction contract to Dietzler Construction in the
amount of $780,000.
Budget:
This project will be funded from a CDBG-DR grant. Currently there is $850,000
allocated to this project. This construction contract with Dietzler Construction will
encumber $780,000 within that amount. The remaining $70,000 will be directed to a
construction management services contract with Cornerstone Engineering that was
included in the original design services proposal for the project.
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 community trail
system.
Sample Motion:
I move for approval/denial authorizing a construction contract for the Scott Ponds
Natural Area Dam Modification: Carriage Hills Dam #1 rehabilitation and Carriage Hills
Dam #2 rehabilitation, to Dietzler Construction, for a project cost not to exceed
$780,000.
Carriage Hills Dams No. 1 & No. 2.
CONTRACT AGREEMENT 00520 November 4, 2015
Page 1 of 6
TOWN OF ESTES PARK
CONTRACT AGREEMENT
THIS AGREEMENT is effective as of the day of , 2015 by and between the Town of
Estes Park (TOEP), a body corporate and political, P.O. Box 1200, Estes Park, Larimer County,
Colorado, 80517, (hereinafter called OWNER) and DIETZLER CONSTRUCTION CORPORATION
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
Carriage Hills No. 1 Dam
Breach of Existing Dam Embankment & Remove Existing Outlet Works
Install New Outlet Work
Reconstruct Embankment
Install Toe Drain
Reconstruction Emergency Spillway w/ Concrete Crest Wall, Grouted Rip-rap Channel & Stilling Basin
Carriage Hills No. 2 Dam
Lower Existing Dam Crest 4 feet
Breach of Existing Dam Embankment
Excavate Existing Pond Area to Increase Pond Volume
Article 2. PROJECT MANAGER
The Project Manager shall be determined by the TOEP Public Works Department, and who is hereinafter
called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and
responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIMES
The Work must be completed by _________, 2016 from the Notice to Proceed of _________, 2015 and
ready for final payment in accordance with the General Conditions subject to applicable laws regarding
final payment.
The Contractor further agrees to pay, as liquidated damages, the sum of $1,400.00 for each consecutive
calendar day thereafter as hereinafter provided in Article 10.9 of the General Conditions.
Article 4. CONTRACTOR PRICE
OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit
prices times the quantities of work actually completed. Unit prices are those shown in the Proposal and
quantities of work actually completed will be determined by the PROJECT MANAGER.
Carriage Hills Dams No. 1 & No. 2.
CONTRACT AGREEMENT 00520 November 4, 2015
Page 2 of 6
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions.
Applications for Payment will be processed by the PROJECT MANAGER as provided in the General
Conditions.
5.1 Progress Payments; Retainage. OWNER shall make progress payments once per month per the
Town’s Annual Vendor Payment Schedule on account of the Contract Price on the basis of
CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as
provided by the General Conditions during construction as provided in paragraphs 5.1.1 and 5.2
below.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously made
and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in
accordance with the General Conditions.
a. Ninety-five percent (95%) of Work completed (with the balance
being retainage).
b. Ninety-five percent (95%) with the balance being retainage of
materials and equipment not incorporated in the Work (but
delivered, suitably stored and accompanied by documentation
satisfactory to OWNER as provided in the General Conditions).
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the
General Conditions, OWNER will publically advertise the Project Completion for two weeks.
Should no liens be officially posted the Owner shall pay the remainder of the Contract Price as
recommended by PROJECT MANAGER as provided in the General Conditions.
Article 6. INTEREST
Following settlement of any claims posted again this Contract; final payment will be made in accordance
with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as provided in
paragraph 27 of the General Conditions shall bear interest at the rate of 10% per annum compounded
monthly.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any
Addenda(s)) and the other related data identified in the Bidding Documents including "technical
data".
7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance or furnishing the
Work.
7.3 CONTRACTOR acknowledges he knows, understands, and accepts all plans, specifications, and
design intent of the Work.
7.4 CONTRACTOR acknowledges he has met with the Project Manager and has been in
correspondence with the Project Manager and has sought and received clarification of all issues
concerning construction and design.
7.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and
timely completion of this project as illustrated by the plans, drawings, and specifications.
Carriage Hills Dams No. 1 & No. 2.
CONTRACT AGREEMENT 00520 November 4, 2015
Page 3 of 6
7.6 CONTRACTOR understands that he may make on-site layout and grading and construction
modifications to achieve the desired intent. Such modifications/grading changes and layout cost
are already included in the Contract Documents.
7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based
Agreement, either based on: 1) unit prices 2) maximum lump sum amount: totaling $ 780,000.00
that shall not be exceeded or increased, except for contract changes allowed, agreed, and
approved in writing.
7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final
product acceptable to OWNER.
7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER and PROJECT MANAGER
from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses
incurred by the OWNER and/or PROJECT MANAGER related to such damages or claims) to the
OWNER and/or PROJECT MANAGER or claimed by third parties against the OWNER and/or
PROJECT MANAGER, arising directly or indirectly out of CONTRACTOR'S negligent
performance
of any of the requirements, provisions, or services furnished under this Agreement.
7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all examinations, investigations, explorations, tests, reports and studies which
pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers
necessary for the performance of furnishing the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of Article 10 of the General Conditions; and no additional examinations,
investigations, explorations, tests, reports, studies or similar information or data are or will be
required by the CONTRACTOR for such purposes.
7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing underground facilities at or contiguous to the site
and assumes responsibility for the accurate location of said underground facilities. No additional
examinations, investigations, explorations, tests, reports, studies or similar information or data in
respect of said underground facilities are or will be required by CONTRACTOR in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents, including specifically the
provisions of the General Conditions.
7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations,
tests, reports, and data with the terms and conditions of the Contract Documents.
7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by PROJECT MANAGER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work, consisting of the following:
8.1 This Agreement
8.2 Exhibits to this Agreement.
8.3 Notice of Award
8.4 Notice to Proceed.
Carriage Hills Dams No. 1 & No. 2.
CONTRACT AGREEMENT 00520 November 4, 2015
Page 4 of 6
8.5 Information for Bidders.
8.6 Special Conditions.
8.7 General Conditions.
8.8 Town of Estes Park Public Works General Conditions
8.9 Town of Estes Park Public Works Special Conditions
8.10 Labor Standards Provisions of the Contract
8.11 Drawings bearing the following general title: Carriage Hills No. 1 Dam and Carriage Hills
No. 2 Dam Reconstruction (not attached hereto)
8.12 Addenda (s).
8.13 Contractor’s Bid. (Bid Proposal, Bid sheet & Appendix)
8.14 Bid Bond
8.15 Contractor Qualification Statement
8.16 Performance & Payment Bond
8.17 Technical Specifications and Details.
8.18 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.19 Change Orders (post approval signatures)
8.20 Insurance Certificate, Business License, Tax Certification.
8.21 The following which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto:
All Written Amendments and other documents amending, modifying, or supplementing the
Contract Documents pursuant to the General Conditions.
The documents composing the Contract Documents are attached to this Agreement and made part
hereof (except as expressly noted otherwise above).
Contractors are required to comply with applicable federal, state, and local safety and health laws,
regulations and ordinances.
There are no Contract Documents other than those listed above. The Contract Documents may only be
amended, modified, or supplemented as provided in the General Conditions.
In case of conflicting provisions, requirements or discrepancies the order of application of the Contract
Documents is as follows:
1. Change Orders for clarification of drawings
2. This Agreement
3. Addenda
4. Drawings
5. Special Conditions
9 General Conditions
Article 9. MISCELLANEOUS
9.1 Reference to the General Conditions shall include modification thereto by any Supplementary
Conditions issued.
9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in
Carriage Hills Dams No. 1 & No. 2.
CONTRACT AGREEMENT 00520 November 4, 2015
Page 5 of 6
conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights
or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all
duties and responsibilities undertaken pursuant to this Agreement will be for the sale and
exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party.
9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
9.5 In the event of default of any of the provisions of this Agreement by either party which shall
require the party not in default to commence legal actions against the defaulting party, the
defaulting party shall be liable to the non-defaulting party for the non-defaulting party's
reasonable attorney fees and costs, including fees of experts, incurred because of the default.
Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred
by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the
Retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR.
9.6 The OWNER has allocated sufficient funds to pay the contract price. PO#_________________.
9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any
Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents
shall be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
9.8 The Contractor certifies that the Contractor shall comply with the provisions 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.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All
Carriage Hills Dams No. 1 & No. 2.
CONTRACT AGREEMENT 00520 November 4, 2015
Page 6 of 6
portions of the Contract Documents have been signed, initialed or identified by OWNER and
CONTRACTOR or identified by PROJECT MANAGER on their behalf.
This Agreement will be effective as provided on the first page hereof.
TOWN OF ESTES PARK
By: _____________________________ By: __________________________________
William C. Pinkham
Title: ___________________________ Title: _________________________________
(If CONTRACTOR is a corporation
attach evidence of authority to sign.)
Attest: __________________________ Attest: ________________________________
Address for giving notices: Address for giving notices:
170 MacGregor Avenue
P. O. Box 1200
Estes Park, Colorado 80517
(970) 577-3586
Interview Committee for the Downtown Plan Steering Committee
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: November 6, 2015
RE: Interview Committee for the Downtown Plan Steering Committee
Objective:
To appoint Town Board members to the interview committee for the eleven positions on the
Downtown Plan Steering Committee.
Present Situation:
The Downtown Plan Steering Committee was formed with the passage of Resolution #16-15 by
the Town Board at the October 13, 2015 meeting. The committee is to consist of eleven (11)
committee members appointed by the Town Board and four (4) members appointed by staff.
The positions will be for approximately 9 months to work with the consultant to help develop a
Downtown Plan. The positions were advertised through November 2, 2015.
The appointments were delayed at the previous Board meeting. Staff has confirmed their desire
to move the Downtown Plan process forward and would like to hold interviews as soon as
possible.
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 Downtown Plan
Steering Committee.
Budget: None.
Level of Public Interest. Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to the
Downtown Plan Steering Committee interview panel.
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: November 6, 2015
RE: Interview Committee for the Local Marketing District Appointment
Objective:
To appoint Town Board members to the interview committee for the one county 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 County position open with Bill Almond term limited. The position has been
posted by the County.
Proposal:
The County Commissioners have requested the Town Board appoint two members of the Board
to be a part of the interview team.
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.
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 to be conducted by the County.