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HomeMy WebLinkAboutPACKET Town Board Special Meeting 2013-11-12 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. SPECIAL MEETING BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 12, 2013 6:00 p.m. – 7:00 p.m. 1. ACTION ITEMS: 1. ENGINEERING CONTRACT FOR ELM ROAD ENVIRONMENTAL IMPROVEMENT/MITIGATION MASTER PLAN. Director Zurn. 2. RESOLUTION #33-13 SUPPORTING ESTES PARK LOCAL MARKETING DISTRICT GRANT APPLICATIONS. Town Administrator Lancaster. 3. ORDINANCE #13-13 TEMPORARY BUILDING REQUIREMENTS FOR LOTS ADJACENT TO DRAINAGES. Director Chilcott & Chief Building Official Birchfield.  Floodplain Management/Stream River Corridor Protection Report. 4. ORDINANCE #14-13 AMENDING MUNICIPAL CODE CHAPTER 17.28 FLOODPLAIN REGULATIONS. Director Chilcott & Chief Building Official Birchfield. 5. RESOLUTION #32-13 WAIVER OF UTILITY MONTHLY BASE/MINIMUM CHARGES FOR 2013 FLOOD VICTIMS WITH HOMES AND BUSINESSES RENDERED UNINHABITABLE. Director Bergsten. Any items not addressed would move to the end of the Regular Board meeting agenda following the 7:00 pm. Prepared 10/30/13 *Revised PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: November 12, 2013 RE: Engineering Contract for Elm Road Environmental Improvement/Mitigation Master Plan Objective: To obtain authorization to enter into an agreement for design services of the Elm Road Environmental Improvements Master Plan and Landfill Leachate Mitigations. Present Situation: The Town has determined there are minor leachate releases from the Elm Road landfill that has reached the surface below the landfill and is draining into a minor drainage way. The State of Colorado Department of Public Health Department is aware of the situation and has directed the Town to mitigate the releases. The Town issued an RFP for design services to master plan a solution in conformance with the requirements of the State of Colorado and several Federal requirements such as the Clean Water Act. The Town did not receive any responses to this solicitation. Subsequently, Town staff entered into a negotiation with Stewart Environmental Consultants. Stewart Environmental is familiar with this landfill and has done some consulting on this landfill in the past. Staff has reached an agreement on scope and fee regarding this master plan and mitigation and therefore is bringing forward a recommendation to move forward in compliance with the State’s directive. Staff has negotiated a fee of $134,685 dollars for the master plan and lab work. Proposal: Staff recommends the negotiated fee is appropriate for the proposed scope of services and Stewart Environmental Consultants, LLC is qualified to accomplish the needs outlined in the RFP. Staff therefore recommends the Town enter into a contract with Stewart Environmental Consultants, LLC for $134,685.00, with an additional contingency of 10% for the execution of these services. Staff therefore recommends a total budget for these services not to exceed $148,154.00. Advantages: Creation of the master plan design provides a solution to the leachate issue in compliance with the State Department of Health and Environments directive to correct the situation. This master plan design will be reviewed and approved by the State and this final document will direct actual phased improvements in future years. These corrective measures will position the Town to be in conformance with multiple State and Federal environmental regulations. Disadvantages: Disadvantages include costs to the Town for mitigating this situation; however this is a directive from the State Department of Health and Environment to comply with public health regulations. Action Recommended: Staff recommends the Town Board approve the contract with Stewart Environmental Consultants, LLC for $134,685. Staff also recommends approval of establishing a contingency of 10% in addition to the contract amount for a total budget of $148,154. Budget: Town of Estes Park = $148,154 Level of Public Interest This project has a high level of interest in the community. The project has a very high need and is recognized at both the State and Federal levels as a high priority. The local community is very concerned. Sample Motion: I move for approval/denial of establishing a design budget of $148,154. In addition, I move for approval/denial of entering into an agreement with Stewart Environmental Consultants, LLC for the negotiated services and fee of $134,685. Consultant Contract 1 of 8 Town of Estes Park Public Works Department AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered into this 22nd day of October, 2013, by and between the Town of Estes Park, County of Larimer, State of Colorado (the “Town”) and Stewart Environmental Consultants, LLC an independent contractor (“Consultant”). WHEREAS, the Town requires professional engineering services related to the; Elm Road Environmental Improvements Master Plan Proposal – Landfill Leachate Mitigation; and WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and experience to perform the required engineering services; NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. SCOPE OF SERVICES A. Consultant shall furnish all labor and materials required for the complete and prompt execution and performance of its duties, obligations, and responsibilities (the “Work”) which are described or reasonably implied in the Consultant’s proposal dated August 22, 2013, which is provided as Exhibit A (and the original PW “Request for Proposal, May 31st, 2013”), both attached hereto and incorporated herein by this reference. B. No material change to the Scope of Services, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. REPORTS, DATA, AND WORK PRODUCT A. The Town shall provide Consultant with reports and such other data as may be available to the Town and reasonably required by Consultant to perform the Scope of Services. All documents provided by the Town to Consultant shall be returned to the Town. Consultant is authorized by the Town to retain copies of such data and materials at Consultant's expense. B. Other than sharing information with designated third parties as previously directed by the Town, no project information shall be disclosed by Consultant to third parties without prior written consent of the Town or pursuant to a lawful court order directing such disclosure. Consultant Contract 2 of 8 C. The Town acknowledges that the documents created by Consultant for the Project, including but not limited to drawings, designs, specifications, reports, and incidental work or materials (the “Work Product”), are instruments of professional service. Nevertheless, copies of the Work Product shall be provided to the Town and other contractors and subcontractors shall be authorized to use and reproduce applicable portions of the Work Product that are appropriate to use in the execution of their work related to the Project. The Work Product shall become the property of the Town upon completion of the Work. Consultant, however, shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property and all rights to any intellectual property developed, utilized, or modified in the performance of the Work. D. Consultant shall provide to the Town electronic versions of the Work Product in the format directed by the Town’s RFP. III. COMPENSATION AND FINAL SETTLEMENT A. In consideration for the completion of the Work by Consultant, the Town shall pay Consultant an amount equal to the firm-fixed price extended in Exhibit A, which is One Hundred Thirty Four Thousand, Six Hundred Eighty Five and 60/100 Dollars ($134,685.60). The amount specified herein shall include the fees and expenses anticipated to be incurred by Consultant in performing all services hereunder, as described in Exhibit A. The amount specified herein shall exclude the fees and expenses anticipated to be incurred by others in performing the work described in Exhibit A, as well as the Schedule of Activities in Section 1.5 of the RFP. B. If, on the basis of the Town’s observation of the Work and the Town's review of the final invoice and accompanying documentation as required by this Agreement, the Town is satisfied that the Work has been completed and Consultant’s other obligations under this Agreement have been fulfilled, the Town will, within forty-five (45) days after receipt of the final invoice pay the amount due. Otherwise, the Town will return the invoice to Consultant, indicating in writing the reasons for refusing to schedule final settlement, in which case Consultant shall make the necessary corrections and resubmit the invoice. IV. COMMENCEMENT AND COMPLETION OF WORK Within seven days of receipt of a Notice to Proceed, Consultant shall commence work as set forth in the Scope of Services or that portion of such work as is specified in said Notice. Except as may be changed in writing by the Town, the Scope of Services shall be complete and Consultant shall furnish the Town the specified deliverables as provided in Exhibit A. V. PROFESSIONAL RESPONSIBILITY A. Consultant hereby warrants that it is qualified to perform the Work, holds all professional licenses required by law to perform the Work, and has all requisite corporate authority to enter into this Agreement. B. The Work shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Work shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. Consultant Contract 3 of 8 C. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for construction costs caused by errors and omissions which fall below the standard of professional practice. D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of the work. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Work shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. E. Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder, or affiliate of Consultant shall not have a financial relationship with or an ownership interest in any person and/or entity which entity and/or person shall be the recipient of any contract or work for the project designed by Consultant pursuant to the terms and conditions of this Agreement. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant’s services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the project. Consultant also understands and agrees that part of the services to be provided pursuant to the terms of this Agreement are construction management services which require independent judgment of Consultant in the representation of the Town with regard to construction of the project. Consultant understands and agrees that the Town is relying upon the independent judgment of Consultant with regard to the services provided herein. F. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the Scope of Services. Upon execution of this Agreement, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Agreement including, but not limited to, Section XI, L. VI. INSURANCE A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law. B. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Consultant Contract 4 of 8 Agreement, and Employer's Liability insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000) disease – policy limit, and five hundred thousand dollars ($500,000) disease – each employee. Evidence of qualified self-insured status may be substituted for the worker's compensation requirements of this paragraph. 2. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interest provision, and shall be endorsed to include the Town and the Town's officers, and employees as additionally insured. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim and one million dollars ($1,000,000) general aggregate. C. Any insurance carried by the Town, its officers, its employees, shall be excess and not contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any deductible losses under any policy. D. Consultant shall provide to the Town a certificate of insurance, completed by Consultant's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated, or materially changed until at least thirty (30) days prior written notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto. E. Failure on the part of Consultant to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Consultant from the Town. VII. INDEMNIFICATION Consultant agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representatives, agents, employees and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, which arise out of the negligent act, omission, error, professional error, mistake, negligence, or other negligent fault of Consultant, any subcontractor of Consultant, or any officer, employee, representative, or agent of Consultant or of any subcontractor of Consultant, or which arise out of any workmen's compensation claim of any employee of Consultant or of any employee of any subcontractor of Consultant. In any and all Consultant Contract 5 of 8 claims against Town or any of its officers, insurers, volunteers, representatives, agents, employees or assigns, by any employee of Consultant, any subcontractor of Consultant, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the indemnification obligation under this Section VII shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under worker’s compensation actions, disability benefit acts or other employee benefit acts. In the event it becomes necessary for the Town to bring any action to enforce any provision of this Agreement or to recover any damages the Town may incur as a result of the breach of this Agreement, including, but not limited to, defective work, and the Town prevails in such litigation, Consultant shall pay the Town its reasonable attorneys’ fees as determined by the court. VIII. TERMINATION This Agreement shall terminate at such time as the Work is completed and the requirements of this Agreement are satisfied, or upon the Town's providing Consultant with seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by the Town's issuance of written notice of intent to terminate, the Town shall pay Consultant the reasonable value of all work previously authorized and completed prior to the date of termination. If, however, Consultant has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Work, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented to by Consultant. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town’s obligations under this Agreement are subject to annual appropriation by the Town Board of the Town. Any failure of the Town Board annually to appropriate adequate monies to finance the Town’s obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to Consultant of any failure to appropriate such adequate monies. IX. CONFLICT OF INTEREST The Consultant shall disclose any personal or private interest related to property or business within the Town. Upon disclosure of any such interest, the Town shall determine if the interest constitutes a conflict of interest, including Section V-E. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a default and terminate this Agreement. X. INDEPENDENT CONTRACTOR Consultant is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. Consultant shall make no representation that it is a Town employee for any purposes. XI. MISCELLANEOUS Consultant Contract 6 of 8 A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Larimer County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Consultant and the Town, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows: The Town: Town of Estes Park, Public Works Department Scott Zurn, P.E., Director of Public Works PO Box 1200 Estes Park, CO 80517 Ph. 970-577-3582 Consultant: Stewart Environmental Consultants, LLC David R. Stewart, PhD, PE 3801 Automationway, Suite 200 Fort Collins, CO 80525 Ph. 970-226-5500 F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. Consultant Contract 7 of 8 K. Binding Effect. The Town and Consultant each bind itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither the Town nor Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. L. Work By Illegal Aliens Prohibited. a. Consultant hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that Consultant has participated or attempted to participate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5-101(1) (“Program”) in order to verify that it does not employ illegal aliens. b. Consultant shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. c. Consultant hereby certifies that it has verified or attempted to verify through participation in the Program that Consultant does not employ any illegal aliens and, if Consultant is not accepted into the Program prior to entering into this Agreement, that Consultant shall apply to participate in the Program every three (3) months until Consultant is accepted or this Agreement has been completed, whichever is earlier. d. Consultant is prohibited from using Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. e. If Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Consultant shall be required to: (i) notify the subcontractor and District within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment (“Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Article 17.5. g. If Consultant violates this paragraph, District may terminate this Agreement for breach of contract. If this Agreement is so terminated, Consultant shall be liable for actual and consequential damages to the District. Consultant Contract 8 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. OWNER: CONSULTANT: TOWN OF ESTES PARK, COLORADO _____________________________ By: ______________________________ By: __________________________ Mayor Title: Principal Address: _____________________ _____________________________ ATTEST: ATTEST: By: ______________________________ By: __________________________ Town Clerk (SEAL) (SEAL) Other Partners: _________________________________ _____________________________ Request For Proposals Elm Road Environmental improvements master plan Landfill Leachate Mitigation May 31st, 2013 Page 1 of 25 Page 2 of 25 NOTICE REQUEST FOR PROPOSALS The Town of Estes Park, Colorado, respectfully requests separate sealed PROPOSALS FOR CONSULTING SERVICES – Elm Road Environmental Improvements Master Plan. Proposals will be received until 3:00 p.m. local time, June 24th, 2013, in the Public Works Department, Town of Estes Park, P.O. Box 1200, 170 MacGregor Avenue, Room 100, Estes Park, CO 80517-1200. Project Description: The successful proposer will develop a detailed Master Plan for approval of regulatory agencies to mitigate environmental concerns and guide future phases of design and sets of construction documents for bidding and implementing the Elm Rd. Environmental Improvement Plan. The Request for Proposals (RFP) containing the required Scope of Services may be downloaded at http://www.estes.org/RFP. If you do not have download capability, the RFP is available at the above address. Late Proposals will not be accepted under any circumstances. Any Proposal(s) received after the scheduled time for closing will be returned to the proposing firm unopened. Sole responsibility rests with the proposing firm to see that their Proposal is received on time. The Town of Estes Park, Colorado reserves the right to reject any and all Proposals, in part or in whole, and to award the Proposal(s) to the most responsive and responsible firm(s) as deemed in the best interest of the Town of Estes Park; further, the right is reserved to waive any formalities or informalities contained in said Proposal(s). Any questions concerning the Project shall be directed in writing to Scott Zurn, P.E., Public Works Director, Fax No. 970-586-6909, E-mail –SZurn@Estes.org, 8:00 a.m. to 5:00 p.m., local time, Monday through Friday, excluding holidays. The deadline for submission of questions is June 19th, 2013 . First Advertisement: Denver Post & Fort Collins Coloradoan, June 2nd, 2013 Signed: _________________________ Date: _______________ Scott A. Zurn, P.E. Public Works Director Page 3 of 25 PROPOSAL INSTRUCTIONS The Town of Estes Park, Colorado is soliciting written Proposals from qualified firms for CONSULTING SERVICES – Elm Road Environmental Improvements Master Plan. The successful Proposal will contain a detailed Master Plan, completed by December 31st, 2013. This project will involve working with several Town of Estes Park departments, Upper Thompson Sanitation District and Colorado Department of Health And Environment. I. INQUIRIES AND CORRECTIONS All inquiries relating to this request shall be addressed in writing to: Town of Estes Park Attn: Scott A. Zurn, P.E., Public Works Director P.O. Box 1200 170 MacGregor Avenue, Room 100 Estes Park, CO 80517-1200 Fax: 970-586-6909 E-mail: SZurn @ Estes.org If a proposing firm submitting a Proposal finds discrepancies in or omission from the Request for Proposal (RFP), or should require additional clarification of any part thereof, a written request for interpretation of or change made to the RFP will be made by written addendum and will become part of the Request for Proposal and of any contract awarded. Town of Estes Park will not be responsible for the accuracy of any other ORAL EXPLANATIONS, INTERPRETATIONS, or REPRESENTATIONS. All inquiries shall be made in writing and all responses will be provided in writing in an addendum. To be given consideration, inquires must be received by June 19th, 2013. All addenda will be available for download on the Town of Estes Park’s website at http://www.estes.org/RFP; or, to request a facsimile copy call 970-577-3587. It shall be the responsibility of each proposing firm to verify that every addendum has been received prior to submitting Proposals and to acknowledge the addenda in the space provided on Exhibit 1, Acceptance of Conditions Statement, which is submitted with the Proposal. II. SUBMITTAL DEADLINE AND LOCATION All Proposals must be received in the Public Works Department at the Town of Estes Park, 170 MacGregor Avenue, Room 100, P.O. Box 1200, Estes Park, CO 80517-1200 prior to 3:00 p.m., local time, Monday, June 24th, 2013. Proposals must be submitted in a sealed envelope plainly marked “Request for Proposals for Consulting Services – Page 4 of 25 Road Environmental Improvements Master Plan”, and addressed to the Public Works Director. III. LATE AND TELEGRAPHIC PROPOSALS Late Proposals will not be accepted under any circumstance, and any Proposal so received shall be returned to the proposing firm unopened. In addition, telegraphic and/or Proposals sent by electronic devices are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their Proposals either by airfreight, postal service or other means. IV. PROPRIETARY INFORMATION All information included in any Proposal that is of a proprietary nature must be clearly marked as such. The Town of Estes Park shall be held harmless from any claims arising from release of proprietary information not clearly designated as such by the proposing firm. In general, it is not acceptable to the Town of Estes Park to mark information other than financial data proprietary without the Public Works Director’s written authorization. Failure to adhere to this restriction could result in rejection of the entire Proposal. V. DEFINITION, CONTEXT AND GENDER Unless otherwise specified in this document, all words shall have a common meaning unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words of the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. VI. CONDITIONS OF PROPOSAL SUBMITTAL A. All proposing firms shall comply with all conditions, requirements, and specifications contained herein, with any departure constituting sufficient cause for rejection of the Proposal. B. The Proposal must be signed by a duly authorized official of the proposing firm submitting the proposal. C. No Proposal will be accepted from any person, firm or corporation that is in arrears for any obligation to the Town of Estes Park, or that otherwise may be deemed irresponsible or unresponsive by the Town of Estes Park or Board of Trustees. D. Only one Proposal will be accepted from any person, firm or corporation. E. All prices quoted must be firm for a period of ninety (90) calendar days from the Proposal submittal date. Page 5 of 25 F. The Town of Estes Park, Colorado reserves the right to reject any and all Proposals or any part thereof. The right is reserved to waive any formalities or informalities contained in any Proposal, and to award the Proposal to the most responsive and responsible proposing firm as deemed in the best interest of the Town of Estes Park. G. All Proposals shall be prepared in a comprehensive manner as to content, but no necessity exists for expensive binders or promotional material. H. All costs, including travel and expenses, incurred in the preparation of this Proposal shall be borne solely by the proposing firm. I. Town of Estes Park reserves the right to negotiate final terms with the selected Proposer that may vary from those contained in this document. J. Town of Estes Park reserves the right to request a client list from the Proposer, for the purpose of determining potential conflicts of interest. Said list shall be considered proprietary. K. Town of Estes Park will not return Proposals, or other information supplied to Town of Estes Park, to the proposing firms. VII. EVALUATION OF PROPOSALS All Proposals will be evaluated by a project committee assigned by the Public Works Director or his designee. Proposals shall be evaluated on the basis of the evaluation criteria noted here-in. The committee may make a selection on the basis of the Proposals received, or may choose to “short list” prospective firms for further negotiations. The firm selected for the award will be chosen on the basis of the apparent greatest benefit to the Town of Estes Park, and not necessarily on the basis of lowest price. The Director of Public Works, or his designee, shall make the final recommendation of the firm selected for recommendation to the Town Board. VIII. EVALUATION CRITERIA Proposals shall be evaluated on the basis of the following criteria: A. Responsiveness to the needs of the Town of Estes Park, both in time to complete the project and in the scope of services offered. B. Responsibility of the proposing firm and its experience in dealing with municipal governments in projects of similar size, scope and nature. Successful project landfill mitigation solutions and approvals from the CDPHE and industrial treatment solutions with sanitation districts. Page 6 of 25 C. The proposing firm’s engagement team, including the experience and resumes of key personnel assigned to the project. D. The degree to which the Proposal meets or exceeds the terms of the Request for Proposals. E. Results of reference checks and past performance for other clients. F. The proposing firm’s fee (not-to-exceed cost) structure based on the services to be provided. G. The proposing firm’s ability to adhere to the schedule for the proposed project phases outlined in PROPOSAL PREPARATION AND INFORMATION (see page 6 of this document). Page 7 of 25 PROPOSAL PREPARATION AND INFORMATION A. Proposals submitted shall contain all information as requested herein, and any additional information necessary to summarize the overall benefit of the Proposal to the Town of Estes Park. One (1) original and five (5) copies of the Proposal shall be provided by the proposing firm. Clearly mark the original document as such. B. Proposals shall include the following: 1. A cover letter containing the name, address, and telephone number of the proposing firm, and bearing the signature of the person having the authority to make the Proposal for the firm and bind the firm in a formal contract to the Town of Estes Park. 2. A list of personnel assigned to the project team, including resumes with education and work experience. 3. An executed Acceptance of Conditions Statement (Exhibit 1 of this document) which contains: ¾ an affirmation of the acceptance of all conditions or requirements contained in the Request for Proposals; ¾ a list of the names of any of the proposing firm’s employees who are spouses or children of a Town of Estes Park employee, or the spouse of a Town employee’s child; ¾ an acknowledgement of the receipt of all addenda. 4. A narrative that defines the methods and means by which the proposing firm will perform the services outlined in the Request for Proposals. 5. A project timeline outlining the dates and specific tasks necessary to complete the project; including the specific employees involved. Include a man-hour estimate, summarizing the approximate number of hours for each phase or task for each individual assigned to the project, including subconsultant personnel. 6. The proposed fixed fee of the proposing firm, broken down by project phases, as well as rates for any anticipated reimbursable expenses such as for vehicle mileage, equipment, postage, copying, etc. The rate schedule must be as comprehensive as possible. If reimbursable rates are not known in advance, those reimbursable expenses defined in the schedule shall be noted to be reimbursed “at cost”. The fixed fee and reimbursable rate schedule will be the basis of payment for the successful firm. 7. A list of what portion of the work, if any, will be subcontracted. 8. A list of at least five (5) references for which similar services have been provided. Include current contact names, addresses, and telephone numbers. Page 8 of 25 9. Any other information deemed necessary by the proposing firm. 10. An executed Reference Authorization and Release Form (Exhibit 6). 11. The Consultant’s Personnel and Subconsultants Listing (Exhibit 4). 12. An executed Affidavit (Exhibit 5), affirming the firm’s representative is lawfully present in the United States. C. Submittal of a Proposal shall be taken as a prima facie evidence that the proposer has full knowledge of the scope, nature, quality and quantity of the work to be performed, and the detailed requirements and conditions under which the work is to be performed. D. General Requirements of the successful proposing firm: 1. The successful proposing firm shall enter into a contract with the Town of Estes Park in the form attached hereto as Exhibit 2 and incorporated by reference herein. 2. The successful proposing firm will be required to maintain insurance coverage for the duration of the contract period as outlined in Exhibit 2 to this Request for Proposal. 3. The successful proposing firm shall be prohibited from assigning or subcontracting the whole or any part of the contract without the prior written consent of the Town of Estes Park. 4. The successful proposing firm shall not hire, discharge, promote, demote or otherwise discriminate in matters of compensation, terms, conditions or privileges of employment against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, physical or mental disability, color or age. 5. The successful proposing firm and its employees will operate as an Independent contractor and will not be considered employees of the Town of Estes Park. Page 9 of 25 EXHIBIT 1 TOWN OF ESTES PARK ACCEPTANCE OF CONDITIONS STATEMENT No Board of Trustee member, member of a board or commission, Municipal Judge, Town Administrator, Town Attorney, Utilities Director, or employee of the Town of Estes Park or any such person’s spouse, child, parent, brother, sister, dependent or person assuming a relationship being the substantial equivalent of the above, has a existing or pending, direct or indirect, financial, pecuniary or personal interest in the proposing firm of this Request for Proposal, except as follows: ___________________________________________________ I/we hereby agree to all instructions, terms and conditions, and specifications contained herein: I acknowledge receipt of the following Addenda: ___________________________________ Proposing Firm: _____________________________________________________________ Address: ___________________________________________________________________ ___________________________________________________________________________ Telephone Number: __________________________________________________________ Submitted By: _______________________________________________________________ (Signature) Title: ______________________________________________________________________ Date: ______________________________________________________________________ Attest: _____________________________________________________________________ My Commission Expires: _______________________________________________________ Page 10 of 25 EXHIBIT 2 TOWN OF ESTES PARK AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered into this ____ day of ____,_ 2013, by and between the Town of Estes Park, County of Larimer, State of Colorado (the “Town”) and Consultant Name Here an independent contractor (“Consultant”). WHEREAS, the Town requires professional engineering services related to CONSULTING SERVICES – Elm Road Environmental Improvements Master Plan, and WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and experience to perform the required engineering services; NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. SCOPE OF SERVICES A. Consultant shall furnish all labor and materials required for the complete and prompt execution and performance of its duties, obligations, and responsibilities (the “Work”) which are described or reasonably implied in the Consultant’s proposal dated XXXXX, which is provided as Exhibit A (and the original PW “Request for Proposal, DATE”), both attached hereto and incorporated herein by this reference. B. No material change to the Scope of Services, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. REPORTS, DATA, AND WORK PRODUCT A. The Town shall provide Consultant with reports and such other data as may be available to the Town and reasonably required by Consultant to perform the Scope of Services. All documents provided by the Town to Consultant shall be returned to the Town. Consultant is authorized by the Town to retain copies of such data and materials at Consultant's expense. B. Other than sharing information with designated third parties as previously directed by the Town, no project information shall be disclosed by Consultant to third parties without prior written consent of the Town or pursuant to a lawful court order directing such disclosure. Page 11 of 25 C. The Town acknowledges that the documents created by Consultant for the Project, including but not limited to drawings, designs, specifications, reports, and incidental work or materials (the “Work Product”), are instruments of professional service. Nevertheless, copies of the Work Product shall be provided to the Town and other contractors and subcontractors shall be authorized to use and reproduce applicable portions of the Work Product that are appropriate to use in the execution of their work related to the Project. The Work Product shall become the property of the Town upon completion of the Work. Consultant, however, shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property and all rights to any intellectual property developed, utilized, or modified in the performance of the Work. D. Consultant shall provide to the Town electronic versions of the Work Product in the format directed by the Town’s RFP. III. COMPENSATION AND FINAL SETTLEMENT A. In consideration for the completion of the Work by Consultant, the Town shall pay ________________________________________ . The amount specified herein shall include the fees and expenses anticipated to be incurred by Consultant in performing all services hereunder, as described in Exhibit A. The amount specified herein shall exclude the fees and expenses anticipated to be incurred by others in performing the work described in Exhibit A, as well as the Schedule of Activities in Section 1.5 of the RFP. B. If, on the basis of the Town’s observation of the Work and the Town's review of the final invoice and accompanying documentation as required by this Agreement, the Town is satisfied that the Work has been completed and Consultant’s other obligations under this Agreement have been fulfilled, the Town will, within forty-five (45) days after receipt of the final invoice pay the amount due. Otherwise, the Town will return the invoice to Consultant, indicating in writing the reasons for refusing to schedule final settlement, in which case Consultant shall make the necessary corrections and resubmit the invoice. IV. COMMENCEMENT AND COMPLETION OF WORK Within seven days of receipt of a Notice to Proceed, Consultant shall commence work as set forth in the Scope of Services or that portion of such work as is specified in said Notice. Except as may be changed in writing by the Town, the Scope of Services shall be complete and Consultant shall furnish the Town the specified deliverables as provided in Exhibit A. V. PROFESSIONAL RESPONSIBILITY A. Consultant hereby warrants that it is qualified to perform the Work, holds all professional licenses required by law to perform the Work, and has all requisite corporate authority to enter into this Agreement. B. The Work shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Work shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. Page 12 of 25 C. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for construction costs caused by errors and omissions which fall below the standard of professional practice. D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of the work. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Work shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. E. Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder, or affiliate of Consultant shall not have a financial relationship with or an ownership interest in any person and/or entity which entity and/or person shall be the recipient of any contract or work for the project designed by Consultant pursuant to the terms and conditions of this Agreement. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant’s services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the project. Consultant also understands and agrees that part of the services to be provided pursuant to the terms of this Agreement are services which require independent judgment of Consultant in the representation of the Town with regard to construction of the project. Consultant understands and agrees that the Town is relying upon the independent judgment of Consultant with regard to the services provided herein. F. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the Scope of Services. Upon execution of this Agreement, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Agreement including, but not limited to, Section XI, L. VI. INSURANCE A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law. B. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Page 13 of 25 1. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000) disease – policy limit, and five hundred thousand dollars ($500,000) disease – each employee. Evidence of qualified self-insured status may be substituted for the worker's compensation requirements of this paragraph. 2. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interest provision, and shall be endorsed to include the Town and the Town's officers, and employees as additionally insured. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim and one million dollars ($1,000,000) general aggregate. C. Any insurance carried by the Town, its officers, its employees, shall be excess and not contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any deductible losses under any policy. D. Consultant shall provide to the Town a certificate of insurance, completed by Consultant's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated, or materially changed until at least thirty (30) days prior written notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto. E. Failure on the part of Consultant to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Consultant from the Town. VII. INDEMNIFICATION Consultant agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representatives, agents, employees and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, Page 14 of 25 sickness, disease, death, property loss or damage, which arise out of the negligent act, omission, error, professional error, mistake, negligence, or other negligent fault of Consultant, any subcontractor of Consultant, or any officer, employee, representative, or agent of Consultant or of any subcontractor of Consultant, or which arise out of any workmen's compensation claim of any employee of Consultant or of any employee of any subcontractor of Consultant. In any and all claims against Town or any of its officers, insurers, volunteers, representatives, agents, employees or assigns, by any employee of Consultant, any subcontractor of Consultant, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the indemnification obligation under this Section VII shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under worker’s compensation actions, disability benefit acts or other employee benefit acts. In the event it becomes necessary for the Town to bring any action to enforce any provision of this Agreement or to recover any damages the Town may incur as a result of the breach of this Agreement, including, but not limited to, defective work, and the Town prevails in such litigation, Consultant shall pay the Town its reasonable attorneys’ fees as determined by the court. VIII. TERMINATION This Agreement shall terminate at such time as the Work is completed and the requirements of this Agreement are satisfied, or upon the Town's providing Consultant with seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by the Town's issuance of written notice of intent to terminate, the Town shall pay Consultant the reasonable value of all work previously authorized and completed prior to the date of termination. If, however, Consultant has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Work, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented to by Consultant. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town’s obligations under this Agreement are subject to annual appropriation by the Town Board of the Town. Any failure of the Town Board annually to appropriate adequate monies to finance the Town’s obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to Consultant of any failure to appropriate such adequate monies. IX. CONFLICT OF INTEREST The Consultant shall disclose any personal or private interest related to property or business within the Town. Upon disclosure of any such interest, the Town shall determine if the interest constitutes a conflict of interest, including Section V-E. If the Town determines that a conflict of interest exists, the Town may treat such conflict of interest as a default and terminate this Agreement. Page 15 of 25 X. INDEPENDENT CONTRACTOR Consultant is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. Consultant shall make no representation that it is a Town employee for any purposes. XI. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Larimer County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Consultant and the Town, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows: The Town: Town of Estes Park, Public Works Department Scott Zurn, P.E., Director of Public Works PO Box 1200 Estes Park, CO 80517 970-577-3582 Consultant: Consultant Contact name Address Address Phone number F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. Page 16 of 25 I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Binding Effect. The Town and Consultant each bind itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither the Town nor Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. L. Work By Illegal Aliens Prohibited. a. Consultant hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that Consultant has participated or attempted to participate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5-101(1) (“Program”) in order to verify that it does not employ illegal aliens. b. Consultant shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. c. Consultant hereby certifies that it has verified or attempted to verify through participation in the Program that Consultant does not employ any illegal aliens and, if Consultant is not accepted into the Program prior to entering into this Agreement, that Consultant shall apply to participate in the Program every three (3) months until Consultant is accepted or this Agreement has been completed, whichever is earlier. d. Consultant is prohibited from using Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. e. If Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Consultant shall be required to: (i) notify the subcontractor and District within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subcontractor if within three (3) Page 17 of 25 days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment (“Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Article 17.5. g. If Consultant violates this paragraph, District may terminate this Agreement for breach of contract. If this Agreement is so terminated, Consultant shall be liable for actual and consequential damages to the District. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. OWNER: CONSULTANT: TOWN OF ESTES PARK, COLORADO __________________________ By: ___________________________ By: _______________________ Mayor Title: Principal Address: ___________________ __________________________ ATTEST: ATTEST: By: ___________________________ By: _______________________ Town Clerk (SEAL) (SEAL) Other Partners: Page 18 of 25 EXHIBIT 3 TOWN OF ESTES PARK CONSULTANTS SCOPE OF WORK I. GENERAL BACKGROUND The Public Works Department is seeking design services for the development of a Master plan for Elm Road Environmental Improvement Master Plan (EEIMP). The desired consultant shall develop, design, and create an approved mitigation master plan. Therefore, the Town of Estes Park seeks proposals from consultants with multidisciplinary design expertise in areas such as RCRA Subtitle D Landfill environmental solutions; Leachatelandfill leachate management; Industrial waste treatment solutions; CDPHE mitigation plan approvals; Storm water and clean water act expertise and water quality solutions; Water sampling and laboratory testing in accordance with EPA and CDPHE regulations, civil and drainage engineering; and, Landfill water infiltration solutions, to design and prepare documents for Elm Rd Environmental Improvement Master Plan. II. INTRODUCTION The purpose of this document is to provide qualified interested parties with information to enable them to prepare and submit a proposal for the design services for (Elm Road Environmental Improvements Master plan). The Town has had a recent presentation of what appears to be landfill leachateleachate that has reached to the surface of a small tributary seasonal creek located approximately 300 ft south of the closed unlined natural attenuation landfill that served the Estes Valley for several decades. The Town tested the discolored fluid and determined that the chemistry was consistent with landfill leachateleachate and subsequently self reported to the Colorado Department of Public Health and Environment. The Elm Rd. Environmental Improvements Master Plan ( EEIMP) for the purposes of this RFP includes all necessary design elements to fully mitigate leachate problems and storm water control methods to address environmental concerns and meet CDPHE required mitigations. The Master plan shall develop a Multiyear plan to meet the environmental concerns of the Town and CDPHE and other related regulatory agencies through a five year capital improvement and mitigation plan. It is the objective of this Master plan to get the approval from the CDPHE and other regulatory agencies. Following the approval of this plan the Town will proceed with a detailed phased design and construction program that will correct and mitigate environmental issues over a five year period. This scope of this work is for the master plan and not the detailed design and construction documents for the construction of improvements. Page 19 of 25 The design scope of services may include but not necessarily be limited to such items as studies, reports, physical surveys and investigation of existing topographic and subsurface improvements along with documenting their conditions. In addition the consultant will be required to provide presentation materials, attend, facilitate and document meetings and prepare a master plan including reports, testing, laboratory work and chemical analysis, research with regulatory agencies and schematic drawings and specifications. The master plan documents completed by the successful consultant will address items such as demolition of existing facilities and improvements along with the schematic design of surfaces; turf; roadways; drainage improvements; underground utilities upgrades and replacements; Sanitary connections and leachate interception and collection facilities: Storm water ditches : collection devises; water quality pond designs; and landfill cap designs sufficient to obtain regulatory agencies approval to move forward with mitigation. These are just some examples of design required under this scope of services. Therefore the consultant shall properly research the site and existing documents to anticipate the level of work needed to prepare final bidding documents for the EEIMP. The phase boundaries identified are conceptual only. Improvements outside of these boundaries will likely be required to implement the intent of the project. For instance supportive infrastructure outside of the boundaries of the EEIMP or area of leachate identified will be considered as part of this scope of work and will be necessary. III. PROJECT SCOPE • Task 1 – Seep Design o Develop cost effective design alternatives to capture seep and direct it into sanitary sewer. o Assist and facilitate negotiations with Upper Thompson Sanitary Sewer District (UTSSD) to reach an acceptable agreement between both entities to accept leachate into the (UTSSD) district for treatment. o Anticipate that the design will consist of an underground drain collection system that routes into a pipe that discharges into a manhole to be installed into the sanitary sewer mainline. o Ability to obtain analytical samples and measure flow rate within the manhole shall be incorporated into the design. o Alternatives or variations of the above design will be considered and evaluated by all agencies affected. o Conceptual (30%), draft (60%), and final (100%) design submittals required (state whether electronic, half size, or full size drawings required). o Include four sampling events (separated by three months) of the seep water. Test for: ƒ Flow rate ƒ Standard field parameters ƒ Standard wet chemistry parameters Page 20 of 25 ƒ Volatile Organic Compounds ƒ Pesticides ƒ Other parameters required by UTSSD and/or CDPHE o Design review and approval by Town Public Works and Utilities Departments, UTSSD, and CDPHE, and other regulatory agencies that apply with the proposed work. • Task 2 – Stormwater Controls Design o All work to be consistent with the 2009 Estes Park Master Drainage Plan, Elm Road Industrial Area (Master Plan) prepared by RG Consulting Engineers, Inc. and dated December 1, 2009. o Work closely with Town Public Works and Utilities Departments to develop design. o All stormwater controls shall be free-draining, sized to convey the 100 year, 24- hour storm event, and function with minimal maintenance while maximizing cost effectiveness. All storm water designs shall meet Larimer County and Town of Estes Park Standards. o Routing via culverts or channels of all run-on around the perimeter of the landfill. o Re-grading of the maintenance area on top of the landfill to be a maintainable free-draining surface. o Elimination of the current small detention area and infiltration gallery and the redesign, as necessary, of all drainage channels to route stormwater drainage off of the landfill. o Design of detention basins and associated channels and outfalls in accordance with the Master Plan of all ponds within Areas 301, 303, 304, 306 and 308 as defined in the Master Plan. o Design review and approval by Town Public Works and Utilities Departments and CDPHE, and other applicapable regulatory agencies. o Viable alternatives or variations of the Master Plan will be considered o Conceptual (30%), draft (60%), and final (100%) design submittals required (state whether electronic, half size, or full size drawings required). • Task 3 – Project Cost Estimate and Schedule o Develop comprehensive project construction schedule and construction cost estimate that results in a five year implementation schedule with approximately equal annual capital expenditure outlays. o Submit detailed schedule and cost estimate in draft and final formats. • Task 4 – Meetings o Assume four internal meetings with Town and/or UTSSD personnel. o Assume one presentation at a Town Board meeting. o Assume as many meetings and conversations in Denver with CDPHE to achieve approval. • General Requirements o All work to be in compliance with the State of Colorado Solid Waste Regulations (6CCR 1007-2) and all Town and Larimer County code, ordinances, and guidance documents. o Town will provide an electronic “pdf” version of the Master Plan. Page 21 of 25 o Town will provide an electronic topographic drawing of the landfill in AutoCAD Version 2012. o Work closely with all Town departments, particularly Public Works and Utilities Departments. The successful consultant shall enter into a contract with the Town of Estes Park for complete professional services to include the following: It is intended that upon entering into a contract with the successful consultant or team of consultants that they shall be responsible for the development of a comprehensive EEIMP approved by UTSSD; CDPHE; Town of Estes Park and all other regulatory agencies in accordance with industry standard and to every extent possible the documents shall be in the best interest of the Town of Estes Park. The completion of the bid documents shall be completed on or before December 31st, 2013. DELIVERABLES: The consultant shall design and develop all reports; presentation materials; minutes of meetings; testing results; estimates designs; schematic drawings and plans and specifications etc., for an approved EEIMP. o Assume three hard copies of all conceptual and draft submittals and six hard copies of all final submittals o Submit one “pdf” electronic copy of all submittals. o Submit all drawings in electronic format compatible with AutoCAD Civil 3D 2012 (or whatever Town uses). o Submit all text documents in Microsoft Word format. PUBLIC CONTACT: The consultant shall contact and act as liaison during construction to mitigate any concerns or issues. PROGRESS REPORTS AND DOCUMENTATION: The consultant will schedule, coordinate, and document all meetings with staff, stakeholders, and Town Board. In addition, the consultant will be required to provide progress reports as needed. TOWN REPRESENTATIVE: The Town’s representatives on this project will be Public Works Public Works Director Scott Zurn, P.E., 970-577-3582. All progress meetings, project review, and day-to-day work related to project will be with the Public Works Department. Page 22 of 25 TIME SCHEDULE: The consultant shall complete design and deliver the final document according to the schedule outlined in Section III: PROJECT SCOPE, included in this Exhibit (3) on page 18 of this document. The consultant shall note any deviation from the schedule in their proposal and provide any requested changes in writing. COMPENSATION SCHEDULE: The consultant shall show expected fee ranges for the services. Fees for all sub-contractor or team participants shall be shown separately, and shall be inclusive in this proposal. As stated in Exhibit 4, Illegal Aliens Agreement shall be an applicable element in the proposal bid. Page 23 of 25 EXHIBIT 4 TOWN OF ESTES PARK CONSULTANT’S PERSONNEL AND SUBCONSULTANTS LISTING Name: Role: ________________________________ _________________________ ________________________________ _________________________ ________________________________ _________________________ ________________________________ _________________________ ________________________________ _________________________ ________________________________ _________________________ ________________________________ _________________________ ________________________________ _________________________ ________________________________ _________________________ ________________________________ _________________________ ________________________________ _________________________ ________________________________ _________________________ Insert additional lines if needed. ILLEGAL ALIENS: The Contractor certifies that the Contractor shall comply with the provision of CRS 8-17.5-101, et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it: • (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and the Department of Homeland Security, or • (ii) otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101, et seq., the Town may terminate this contract for breach of contract, and the Contractor shall be liable for actual and consequential damages to the Town. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall: (a) Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-paragraph (a.) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Page 24 of 25 EXHIBIT 5 TOWN OF ESTES PARK AFFIDAVIT I, _____________________________, swear or affirm under penalty of perjury under the laws of the State of Colorado that: (Check only one) ____ I am a United States citizen, OR ____ I am a Permanent Resident of the United States, OR ____ I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado State Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. ___________________________ _______________________ Signature Date I, ___________________________, Town of Estes Park employee, observed the identification supplied by the above named individual and affirm that it appears to be valid and is of the following form: (Check only one) ____ Colorado Driver’s License or State-issued Identification Card ____ United States Military or Military Dependent’s Card ____ Merchant Mariner Card ____ Native American Tribal Document ___________________________ _______________________ Signature Date Page 25 of 25 EXHIBIT 6 TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM To: A Corporation By: ____________________, A Partnership whose address is _________________ (Proposer) An Individual Proposer hereby authorizes Owner to perform such investigation of Proposer as Owner deems necessary to establish the qualifications, responsibility and financial ability of Proposer. By its signature hereon, proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and Owner from any and all liability to Proposer as a result of any such reference information provided. Proposer further waives any right to receive copies of reference information provided to Owner. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. By: ____________________ Title: ___________________ Date: ___________________ RESOLUTION NO. 33-13 WHEREAS, the Town of Estes Park acknowledges that tourism is the basis of the Estes Park economy, and promoting tourism through effective marketing is critical to continued economic growth for Estes Park and the entire Northern Colorado Region; and WHEREAS, tourism supports more than half of the jobs in Estes Park and generates $46.7 million in annual income received by those workers; and WHEREAS, as much as two-thirds of the Town of Estes Park’s general fund sales tax revenues result from visitor spending, supporting core municipal services; and WHEREAS, the Town of Estes Park recognizes the valuable services provided by the local marketing district “Visit Estes Park” -- the official destination marketing organization for Estes Park, as well as for Colorado’s top tourist attraction, Rocky Mountain National Park; and WHEREAS, we recognize that visitation to Estes Park has dropped significantly due to the September flood and associated road closures, and as a result, Visit Estes Park will receive much less lodging tax revenue than expected; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that the Town hereby supports Visit Estes Park’s grant application to secure alternative funding in support of its operations and marketing efforts, which are critical to our local and regional economies. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this _____ day of __________________, 2013 TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk COMMUNITY DEVELOPMENT Memo To: Town Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Community Development Director Will Birchfield, Chief Building Official/Floodplain Manager Date: November 12, 2013 RE: Ordinance #13-13 - Temporary Building Requirements for Lots Adjacent to Drainages Objective: Replace emergency provisions enacted after the September flood that suspended permanent construction adjacent to drainages with provisions that allow permanent construction, e.g. new dwellings, provided structures are elevated one-foot above the flood of record. This is an interim measure pending flood recovery mapping and/or stream/river restoration. The consideration of Ordinance 13-13, establishing temporary building requirements for development on lots adjacent to drainages. Present Situation: Flood Insurance Study and Maps The FEMA Flood Insurance Study and associated Flood Insurance Rate Maps are used by the Town of Estes Park Floodplain Manager to regulate special flood hazard areas (areas with a 1% annual chance of flooding). In many areas the study and maps are no longer accurate and cannot be relied on to protect life and property. Emergency Provisions Emergency provisions were enacted on October 1, 2013 by the Town Administrator as recommended by the Chief Building Official/Floodplain Manager. Issuance of floodplain and building permits for permanent construction adjacent to drainages was temporarily suspended. Drainages affected were Black Canyon, Fish Creek, Fall River and the Big Thompson. This suspension was based on several factors, including: (1) not knowing the final location of the stream/river channels or banks; (2) not knowing the final location of the floodplain; (3) not knowing the final base flood elevations; (4) not knowing the status of property lines; and, (5) wanting to ensure compliance with Federal Emergency Management Agency (FEMA) regulations to ensure businesses and residents are eligible to purchase flood insurance. The provisions were temporary in nature and expire on November 12th. Staff does not recommend extending this suspension. The suspension allowed staff to consultant with experts on best practices and next steps. Administratively, the Chief Building Official/Floodplain Manager has been using the high water mark of this 2013 flood event as the current floodplain boundaries. Both FEMA National Flood Insurance Program (NFIP) representatives and other experts agreed this is an appropriate approach. FEMA floodplain experts also reviewed and advised that the Town’s floodplain ordinance supports this approach. Long-Term Planning Staff continue to work with stakeholders to reach long-term solutions for floodplain management. The Town has partnered with the Estes Valley Land Trust to submit a grant application for a Fall River Corridor Master Planning process. The goal of the Fall River Master Plan will be to identify needed actions and methods to achieve rehabilitation from the flood damage. The resulting plan will identify steps to restore Fall River’s ecological health, minimize the impact of future flooding, and enhance opportunities for recreational activities. Implementation of the Master Plan will take place in parallel with review and approval by FEMA of revisions to the existing floodplain maps (Letters of Map Revisions). Once FEMA approves map revisions that reflect the “final” locations of streams/rivers, these maps would serve as the basis for floodplain management, replacing the interim measure of regulating to the high-water mark of the flood event. Ultimately, a new Flood Insurance Study would provide more accurate information to protect life and property from flooding. However, these studies are very expensive and take 3-5 years to complete. FEMA currently has no plans for a new study for the Estes Valley Drainages. Town staff are not recommending that the Town fund a new study at this point. Proposal: Ordinance 13-13 allows for permanent construction in areas affected by the 2013 flood, while taking appropriate measures to reasonably protect lives and properties from flooding and minimize potential non-compliance with FEMA regulations (namely, updated floodplain maps). The Ordinance further ensures that staff have all necessary information when reviewing building and floodplain permit applications. Ordinance 13-13 provides criteria for reviewing building permit applications for structures on properties located adjacent to drainages. Effective Period If passed, this ordinance will take effect immediately upon adoption by the Town Board and continue until Tuesday, November 11, 2014. Staff anticipates that requirements of this Ordinance will be in effect until new regulatory floodplains are established. Advantages: • This is an interim measure that is less restrictive than the emergency suspension of permanent construction adjacent to streams and rivers. Construction can occur; • Allows for continued building for suspended permits for new construction in areas affected by recent flooding; and • Lives and properties are better protected from future flood events and more likely to be in compliance with future floodplain maps. Disadvantages: • Additional building permit submittal requirements for some customers. Action Recommended: Staff recommends adoption of Ordinance 13-13. Budget: Staff time to communicate temporary changes in review process. Level of Public Interest Moderate - High Sample Motion: I move to adopt/deny Ordinance Number 13-13 to establish temporary building requirements for development on lots adjacent to drainages. Attachments: 1. Ordinance 2. Exhibit A To: Town Board of Trustees Town Administrator Lancaster From: Will Birchfield, Chief Building Official and Floodplain Manager Alison Chilcott, Community Development Director Date: November 12, 2013 RE: Floodplain Management and Stream/River Corridor Protection Objective: Report to the Town Board on floodplain management and stream/river corridor protection activities since the September flood. Provide information to aid in future decision-making about floodplain management, stream/river corridor protection, short-term stabilization and long-term rehabilitation of river and streams. Decisions will have ecological and economic impacts and will require community input. Present Situation: I. Floodplain Management and Stream/River Corridor Protection 1. Floodplain management is a core service provided by the Town. The Town has adopted local regulations that are intended to: a. Provide adequate zoning regulations to minimize death, injury, and losses to public and private property due to flooding; and b. Identify and clarify where flood hazards may exist and to insure that potential buyers or builders are aware that certain properties are in areas with special flood hazard. (Summarized from Estes Park Municipal Code Chapter 17.28 Floodplain Regulations, 17l.28.010 Purpose) Regulations are administered by our local floodplain manager, Will Birchfield. Community Development Memo Page 1 of 9 The Town participates in the National Flood Insurance Program (NFIP) which provides eligibility for flood insurance, flood disaster assistance, state and federal grants, loans and buyout funds for flood-prone property. Compliance with floodplain regulations is necessary in order to continue to qualify for the program and related benefits. The Town’s regulations meet and in some cases exceed minimum standards established by the FEMA National Flood Insurance Program. 2. Stream/River Corridor Protection Also, within the Estes Valley regulations are in place to promote, preserve and enhance the important hydrologic, biological, ecological, aesthetic, recreational and educational functions that stream and river corridors, associated riparian areas and wetlands provide (from Estes Valley Development Code Section 7.6 Wetlands and Stream Corridor Protection, A. Purpose and Intent). Regulations are administered by the Town of Estes Park Planning Division for the entire Estes Valley. Stream and river corridors and associated riparian areas are wider than flood hazard areas. II. Flood Impact 1. Within the Estes Valley, the flood caused major changes to Fish Creek and portions of Fall River. Big Thompson and Black Canyon experienced less change. a. Watercourses migrated (50 feet or more in some areas), Fall River Migration & Alluvial Deposits Home at River’s Edge was 50 feet from Fall River b. An enormous amount of alluvial debris was deposited (with depths of at least 3 feet). c. Fish Creek no longer meanders in many areas. d. Stream/river beds were lowered (maybe as much as 5 feet). Page 2 of 9 e. Stream/river corridors widened (50+ feet in some areas). Rain triggered rock and mud slides which removed vegetation. ] Giant Track Mountain Rock Slide MacGregor Mountain-Slide off Fall River Road 2. Infrastructure, homes, and businesses in stream and river corridors were damaged or destroyed. Fish Creek- roads & utilities destroyed Stream/river migration and erosion has rendered some lots along Fish Creek and Fall River temporarily or permanently unbuildable. Approximately half the structures (3,750) in the Estes Valley were affected by the rains and flood; e.g., located in the no flush zone, had groundwater in the crawl space, basement, or first floor living space. . . In terms of numbers, severe physical damage to homes and businesses was minimal within Town limits. One home was substantially damaged (50% or more of valuation to fix), fourteen additional buildings experience some level of structural compromise, but at this point we do not think they meet the substantial damage criteria. For those who Page 3 of 9 suffered losses the loss is tremendous. All these structurally damaged buildings were outside the mapped special flood hazard area. Structural damage & Fish Creek channel migration. Homes were 30 feet from Fish Creek Fall River undercutting bank / encroaching on home III. Flood Hazard Areas Have Moved The FEMA Flood Insurance Study and associated Flood Insurance Rate Maps are used by the Floodplain Manager to regulate special flood hazard areas (areas with a 1% annual chance of flooding). In many areas the study and maps are no longer accurate and cannot be relied on to protect life and property. IV. Temporary Suspension of Permitting for Permanent Construction 1. The final location of our watercourses has ecological and economic impacts, and requires community input. Because of this the Town has implemented a temporary suspension for existing and new building permits in or along our waterways. Returning streams and rivers to their pre-flood locations and reclaiming land is not allowed at this time. This suspension is based on several factors, such as not knowing the final location of the stream/river channels, floodplain, and to ensure businesses and residents remain eligible to purchase flood insurance. Page 4 of 9 2. Emergency provisions need to continue beyond the initial “sunset” date of Tuesday, November 12th. Staff is using the high water mark of this event as current floodplain boundaries. Both FEMA NFIP representatives and other experts agreed this is an appropriate approach. FEMA floodplain experts reviewed and advised that the Town’s floodplain ordinance supports this approach (see #4 below). 3. Temporary Work. Permits are being issued for temporary work necessary to prevent further loss of property, such as bank stabilization, shoring buildings, repairing private bridges and utility infrastructure. There are no fees for the floodplain permits or for the associated building permit authorizing work on a temporary basis. Work can only be approved on a temporary basis until more information is obtained regarding the magnitude and significance of the flood event. At this time only engineers can apply for flood plain permits. We have chosen not to limit this to hydrologists only. 4. Permanent Work. On November 12, 2013, the Town Board will consider Ordinance 13-13, establishing temporary building requirements for permanent structures adjacent to drainages. The Ordinance will allow for new construction, substantial additions and changes, provided that they are constructed one (1) vertical foot above the high water mark or current mapped regulatory floodplain (whichever is stricter). This measure allows for new and continued construction in areas affected by the flood, while taking appropriate precautions to ensure properties are better protected from future flood events and in compliance will future floodplain maps. V. Short-Term Stream/River Stabilization 1. Short-term bank stabilization is needed prior to spring runoff. Remobilization of materials in debris fans can cause further scouring and bank erosion. The window for stabilization is closing. Ideally work would be complete before ground freezes. Tasks Include: a. Identify roles and expectations for private, local, state, and federal entities. Status: Bank stabilization is a private responsibility on private property. Permitting is required. Roles and expectations to minimizing hazards related to re-mobilization of debris fans prior to spring run-off are TBD. b. Identify priorities for restoration (e.g. who needs to do what and where, enforcement of floodplain regulations, etc.) Status: Page 5 of 9 At this point, Community Development priorities are (1) Stonebridge Estates on Fish Creek (2) Fall River from Estes Condos/Bugle Point upstream to the Fish Hatchery. Significant work is required along most of Fish Creek. With the fine sedimentary soils further incision, downward cutting of the stream bed is possible per Natural Resource Conservation Hydrologist Steve Yochum. Responsibilty for Fish Creek rehabilitation needs to be determined, i.e. with the Town or County take the lead. c. Identify public and private resources/grants Status: FEMA assists with bank stabilization when structures/improvements are threatened and/or man-made banks are damage. The Natural Resource Conservation Corps can step in where FEMA leave off assisting with stabilizing natural banks. Federal funding from the Natural Resource Conservation Service may be available (75% federal/25% match); funding will be prioritized and requires a sponsor, e.g. the Town of Estes Park. Sponsorship will be acted on at the next Town Board meeting. The 25% match does not have to be Town funds. Technical assistance and grants are also available from the Corps of Engineers, Colorado Water Conservation Board, FEMA. Staff is also looking into grants from foundations. FEMA is obtaining LiDAR data in November. LiDAR is a remote sensing technology that is used to make high resolution maps. This data will assist with floodplain/flood recovery mapping. ICON Engineering provided high water mark documentation and flow estimates for Fish Creek and Fall River. Fish Creek measurements yielded a discharge of approximately 1,000 to 1,200-cfs; this estimate exceeded the 840-cfs discharge for the 0.2% annual chance storm event (500 year). A peak flow for the flood along Fall River was calculated to be 520-cfs at the Placid Lake Dam; this estimate equated a 10% annual chance of discharge (10-Year, 450-cfs) and a 2% annual chance event (50-Year, 610-cfs). The Town has partnered with the Estes Valley Land Trust to submit a grant application for a Fall River Corridor Master Planning process. The goal of the Fall River Master Plan will be to identify needed actions and methods to achieve rehabilitation from the flood damage. The resulting plan will identify steps to restore Fall River’s ecological health, minimize the impact of future flooding, and enhance Page 6 of 9 opportunities for recreational activities. Implementation of the Master Plan will take place in parallel with review and approval by FEMA of revisions to the existing floodplain maps (Letters of Map Revisions). Staff hopes to secure additional funding from the Clean Water Conservation Board and North Colorado Community Foundation to conduct a similar project along the Fish Creek drainage. d. Implementation Schedule (e.g. bank stabilization prior to spring runoff). Status: Some private property owners have attempted to stabilize banks. Current temporary mitigation activities are using available materials which may not always comply with best practices. VI. Long-Term Stream/River Rehabilitation Rehabilitation of streams/rivers requires planning. Rehabilitation projects can take eighteen months or longer. For long-term rehabilitation, staff recommends adopting best practices as identified by experts such as FEMA and NRCS for rehabilitation. 1. Answers are needed to questions such: a. Can/should a river segment be moved back to its former location, remain in its current location, or moved to a new location? b. How does moving a river impact upstream and downstream properties? Discreet unplanned projects can negatively impact up and downstream property owners? c. Who pays for the work? d. Is acquisition of conservation easements or land needed? If so, by who and with what funds? 2. Developing criteria and standards for permitting permanent work where the flood hazard areas and floodway have moved with the watercourse need is required. VII. Ongoing Work Staff are: 1. Continuing to consult with, and learn from, experts about best practices. This includes: Stream Restoration Coordinator at the Colorado Water Conservation Board; District Conservationist and Hydrologists from the Natural Resources Conservation Service; FEMA Floodplain Specialists (one of whom is embedded with Community Development); private consultants such as ICON or Stantek, if funds allow, City of Fort Page 7 of 9 Collins and Larimer County Floodplain Managers; Estes Valley Land Trust, and Colorado Association of State Stormwater and Floodplain Managers. 2. Engage stakeholders in short-term stabilization and long-term rehabilitation discussions. One of the next steps is to create, or participate in, a local Stream Taskforces, as recommended by the Colorado Water Conservation Board. 3. Work towards adopt an Advisory Map. Adopt an advisory map for regulatory purposes until a new Flood Insurance Study is completed, which may not occur for a year or more. Staff is in contact with the Colorado Water Conservation Board which plans to prepare recovery maps. High-water marks from this flood event along with peak stream/river flows need to be obtained to create the advisory/recovery maps. NRCS has prioritized Fall River and Fish Creek for peak flow estimates. Also, staff will determine if the Town can use current study where there is no alteration of course, conveyance capacity. 4. Glossary of Terms. Prior to the CD/CS meeting a Glossary of Floodplain Plain Management terms is attached and will be posted at www.estes.org. Trustees are likely to hear these terms frequently over the next year or two. Proposal: Staff provided this report to the CD/CS Committee on October 24, 2014. Advantages: N/A Disadvantages: N/A Action Recommended: Report only. No action needed at this time. Budget: TBD Level of Public Interest: Very High Sample Motion: Page 8 of 9 N/A Page 9 of 9 Page 1 of 3    Glossary of Floodplain Management Terms The following definitions are from the Colorado Water Conservation Board Floodplain Rules and Regulations. Term Definition 100-year Flood A flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance-flood). The terms "one- hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every one hundred years. 500-year Flood A flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every five hundred years. Base Flood Is synonymous with 100-year flood and is a flood having a one percent chance of being equaled or exceeded in any given year. Basin The total land surface area from which precipitation is conveyed or carried by a stream or system of streams under the force of gravity and discharged through one or more outlets. CFS – Cubic Feet per Second A rate of the flow, in streams and rivers, for example. It is equal to a volume of water one foot high and one foot wide flowing a distance of one foot in one second. One "cfs" is equal to 7.48 gallons of water flowing each second. Channelization The artificial creation, enlargement or realignment of a stream channel. Colorado Floodplain and Stormwater Criteria Manual The Manual prepared by the CWCB to aid local officials and engineers in the proper regulation and design of flood protected facilities. The Manual is advisory, rather than regulatory, in purpose. Conditional Letter of Map Revision (CLOMR) FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain. Page 2 of 3    Critical Facility or Critical Facilities Means a structure or related infrastructure, but not the land on which it is situated, as specified as essential facilities per ASCE/SEI 7, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. Detailed Floodplain Information Floodplain information prepared utilizing topographic base mapping, hydrologic analysis, and hydraulic calculations to arrive at precise water surface profiles and floodplain delineations suitable for making land use decisions under statutorily authorized zoning powers. Flood Insurance Rate Map (FIRM) A FIRM is the official map of a community on which FEMA has delineated both the special hazard areas and the risk premium zones applicable to the community. Floodway The channel of a river or other watercourse and the adjacent land areas that must be kept free of obstructions in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Freeboard The vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed. Hydraulic analysis The determination of flood elevations and velocities for various probabilities based on a scientific analysis of the movement and behavior of floodwaters in channels and overbank areas. Hydrologic Analysis The computation of the peak rate of flow, or discharge in cubic feet per second, for various selected probabilities for streams, channels, or watersheds based on a scientific analysis of the physical process. Page 3 of 3    Letter of Map Revision (LOMR) An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. Letter of Map Revision Based on Fill (LOMR-F) FEMA’s modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. Regulatory Floodplain Floodplain Maps, Profiles, and related information for flood hazard areas that have been designated and approved for regulatory purposes. Substantial Change Any improvement to, or rehabilitation due to damage of, a structure for which the activity performed equals or exceeds 50% of the pre-improvement or pre-damaged value of the structure. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. Regulatory Floodplain The Regulatory Floodplain in Colorado is the 100-year floodplain. However, the CWCB will Designate and Approve 500-year floodplain information but only at the written request of a local authority having land use jurisdiction. In addition, previously designated floodplain areas that have been removed from FEMA’s effective regulatory floodplain by a Letter of Map Revision based on Fill (LOMR-F) shall remain within the Regulatory Floodplain for all activities affected by Rule 11(c). All Designated and Approved Regulatory Floodplain information can be used by local authorities having land use jurisdiction for the purpose of local regulation. The General Assembly has deemed the designation of floodplains a matter of statewide importance and interest and gave the CWCB the responsibility for the designation of Regulatory Floodplains and to assure protection of public health, safety, welfare and property by protecting development in the Regulatory Floodplains. SFHA – Special Flood Hazard Area Areas subject to inundation by the 1% annual chance flood. ORDINANCE NO. 13-13 AN ORDINANCE OF THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO, ESTABLISHING TEMPORARY REQUIREMENTS FOR DEVELOPMENT ADJACENT TO DRAINAGES. WHEREAS, the Town of Estes Park has adopted Estes Park Municipal Code Chapter 17.28 Floodplain Regulations to identify and clarify where flood hazards may exist and to ensure that potential buyers and builders are aware that certain properties are in areas with special flood hazards; and WHEREAS, on September 12, 2013, Estes Park was impacted by a severe flood event; and WHEREAS, on October 1, 2013, the Town of Estes Park temporarily suspended existing permits and issuance of new floodplain permits and building permits for permanent construction on properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages; and WHEREAS, the temporary building suspension enacted on October 1, 2013, will expire on November 12, 2013; and WHEREAS, due to the September 2013 flood event, the Town does not know the final location of stream/river channels or banks; the final location of floodplains; and final base flood elevations; and WHEREAS, the Town wants to ensure compliance with FEMA regulations to ensure businesses and residents are eligible to purchase flood insurance; and WHEREAS, the Town recognizes that property owners may wish to initiate, continue, and complete construction adjacent to stream/river channels; and WHEREAS, the Board of Trustees hereby determines that it is in the public interest to adopt this Ordinance in order to adopt temporary building standards for properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall River or the Big Thompson River drainages. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1. Temporary building standards and regulations for properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages is hereby established, as more fully set forth on Exhibit A attached hereto and incorporated herein by this reference. Section 2. The temporary building standards and regulations set forth on Exhibit A shall take effect upon the effective date of this Ordinance and continue until November 11, 2014 unless amended, extended and/or terminated by further action of the Board of Trustees. WHEREAS, the immediate passage of this Ordinance is necessary for the preservation of health, safety and welfare of the citizens of the Town in order to prevent unsafe construction adjacent to drainages, and therefore the Ordinance shall take effect and be in force immediately after its passage, adoption, and signature of the Mayor. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, on this _________ day of ________________, 2013. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the _______ day of _______________, 2013, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the _______ day of __________________, 2013. _____________________________ Town Clerk EXHIBIT A Flood Protection Elevation In order to account for the impacts of future development on flood depths and to ensure the least expensive insurance rate for property owners, all new structures, substantial changes and additions on properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages shall be built a minimum of one vertical foot above the flood of record. The flood of record shall be measured from the high water marks from the September 2013 flood event, as minimum elevation regardless of the current regulatory flood location. When the high water mark and regulatory floodplain are inconsistent with one another, the more restrictive shall govern. Building Permit Submittal Requirements All applications for development review shall submit the following information in addition to standard submittal requirements: i. Site plan shall include: a. Current Regulatory Floodplain. Location of the current regulatory floodplain, including elevation points adjacent to proposed development and distance to proposed development; and b. High Water Marks and Lines. High water mark and line locations from the September 2013 flood event, including elevation points adjacent to proposed development, and distance from marks and lines to the proposed development. ii. Federal Emergency Management Agency Elevation Certificate (FEMA Form 086-0-33; Revised 7/12). A FEMA Form 086-0-33, Revised 7/12 or subsequent revisions, shall be submitted for each structure within a proposed development, taken from the regulatory floodplain. iii. A qualified Colorado registered professional engineer in good standing shall direct or supervise floodplain projects within the regulatory floodplain and/or the high water mark from the flood of record. Project designs within the regulatory floodplain shall be certified and sealed by the Colorado registered professional engineer of record. iv. Measurements shall be taken in accordance with Estes Valley Development Code §1.9.D.2. v. Other Items that may be required at the discretion of staff if necessary to perform a complete and reasonable review of the development, including but not limited to: a. The location of fill material to be imported to the site and confirmation from a qualified expert that the engineering characteristics of the fill are appropriate for development; and b. The location where material being exported from the site will be deposited. The land owner or agent accepting the deposit must be identified and approval confirmed by staff; and c. Identification of all structures on, or adjacent to the site that may be affected by grading and development, and presentation of detailed mitigation measures to reduce any negative impact to existing structures during development. vi. Staff may waive submittal requirements depending on the amount of information necessary to perform a complete and reasonable review of the development. COMMUNITY DEVELOPMENT Memo To: Town Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Community Development Director Will Birchfield, Chief Building Official Date: November 12, 2013 RE: Revision to Town Floodplain Regulations Objective: Revise the Town floodplain regulations to comply with minimum state standards by the January 14, 2014 deadline. Revise the regulations to address a minor housekeeping item, i.e. revising the reference from the Board of Adjustment to the Board of Appeals as specified in the adopted building code. Present Situation: The Town of Estes Park has adopted Floodplain Regulations as part of Chapter 17 of the Estes Park Municipal Code. The Colorado Water Conservation Board (CWCB) established new statewide floodplain rules (Rules) on January 14, 2011. The Rules are applicable to all geographic areas of Colorado. The Town must update, adopt and enforce our local ordinances by January 14, 2013 to be in compliance with the new Rules. Although the Rules present higher standards than those set forth as minimum standards in the National Flood Insurance Program, they become the effective minimum standards for Colorado. The attached ordinance proposes the following changes to the Town’s Floodplain Regulations: 1. Redefine the floodway from a 12-inch rise to a six-inch rise. This will become effective when the Town has new studies/maps which are incorporated into FEMA maps. 2. Freeboard standards. Freeboard is elevating a building’s lowest floor above predicted flood elevations by a small additional height. Elevating a building in such a way can lead to substantial reductions in flood insurance and significantly decrease the chances the building will be damaged by storms and flooding. One foot of freeboard shall be required on all new and substantially changed structures within the floodplains with a one percent chance of flooding annually (100-year floodplains). Two feet of freeboard shall be required for new and substantially changed critical facilities within the 100-year floodplains. 3. Letter of Map Revision Based on Fill (LOMR-F). Will prevent basements in buildings built on fill which has been placed to raise a structure or lot to or above the base flood elevation. The Community Development/Community Services Committee received this report at their October, 2013 meeting. These Municipal Code revisions are unrelated to the September 2013 flood. Proposal: Amend the Estes Park Municipal Code to include the CWCB Rules established on January 14, 2011. The Chief Building Official is the Town’s floodplain manager and administers the floodplain regulations. Advantages: • Compliance with minimum state floodplain requirements; and • Properties better protected from future flood events. Disadvantages: • Not adopting such regulations is a violation of state law; and • Ineligible for numerous floodplain-related grants. Action Recommended: Recommendation to the Town Board of Trustees to Ordinance Number TBD - 13. Budget: Publication and codification fees are estimated at $500. Level of Public Interest Low Sample Motion: I move to adopt/deny Ordinance Number 14-13. Attachments: 1. Ordinance Number 14-13 2. Exhibit A: Municipal Code Revisions I.DEFINITIONS II. WHERE WE WERE III.WHERE WE ARE: 2013 Flood IV.WHERE ARE WE GOING? – Public Process A. State Floodplain Regulations B. Community Rating System (CRS) C. Temporary Regulations D. Long Range Planning – Community Decisions V. QUESTIONS AND ANSWERS Floodplain Regulations I. Definitions 100-YEAR FLOOD A flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent- annual-chance-flood). The terms “one- hundred-year flood” and “one-percent chance-flood” are synonymous with the term “100-year flood.” The term does not imply that the flood will necessarily happen once every one hundred years. Note: The Concept is probability, not frequency I. Definitions 500-YEAR FLOOD A flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every five hundred years. Note: The Concept is probability, not frequency I. Definitions BASE FLOOD Is synonymous with 100-year flood and is a flood having a one percent chance of being equaled or exceeded in any given year. Note: National Flood Insurance Program (NFIP) is based on the 1% flood. I. Definitions BASE FLOOD ELEVATION (BFE) The elevation shown on the FEMA Flood Insurance Rate Map that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. I. Definitions SUBSTANTIAL IMPROVEMENT/CHANGE Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement/change. I. Definitions CFS- CUBIC FEET PER SECOND A rate of the flow, in streams and rivers, for example. It is equal to a volume of water one foot high and one foot wide flowing a distance of one foot in one second. One “cfs” is equal to 7.48 gallons of water flowing each second. Note: Board Room cross section = 420 square feet I. Definitions DETAILED FLOODPLAIN INFORMATION Floodplain information prepared utilizing topographic base mapping, hydrologic analysis, and hydraulic calculations to arrive at precise water surface profiles and floodplain delineations suitable for making land use decisions under statutorily authorized zoning powers. Note: “d” Community: Mapped Floodway & BFEs I. Definitions FLOOD INSURANCE RATE MAP (FIRM) A FIRM is the official map of a community on which FEMA has delineated both the special hazard areas and the risk premium zones applicable to the community. Note: AE zones means defined BFEs, X (Shaded or Unshaded) means low risk I. Definitions FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be kept free of obstructions in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Note: NFIP limits rise to 12” maximum. Locally, we can regulated less rise, but not allow more rise. I. Definitions Note: Army Corps of Engineers permit required when working in FLOODWAY. Town floodplain permit required when working in FLOODWAY or FLOOD FRINGE I. Definitions FREEBOARD The vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed. Note: Lowest floor means slab on grade, crawl space or basement I. Definitions REGULATORY FLOODPLAIN Floodplain Maps, Profiles, and related information for flood hazard areas that have been designated and approved for regulatory purposes. Note: NFIP regulatory floodplain is the 1% flood. Locally, we can adopt more restrictive, but not less. I. Definitions SFHA – SPECIAL FLOOD HAZARD AREA Areas subject to inundation by the 1% annual chance flood. Note: NFIP standard is 1% II. Where We Were Note: Detailed Study includes BFE’s and defined floodways 16 II. Where We Were “d” Community Note: Detailed Study includes Profiles (BFEs) II. Where We Were II. Where We Were “d” Community Note: The data was approved by FEMA and the Town III. Where We Are Major Erosion 21 III. Where We Are Channel Relocations 22 III. Where We Are Debris & Materials Movement & Deposits IV. Where Are We Going? A. State Floodplain Regulations 23 Note: Adopted by the state in 2011. Political subdivisions required to adopt by 2014 IV. Where Are We Going? A. State Floodplain Regulations (1)Regulatory Floodplain means the 100-year floodplain. Previously designated floodplain areas that have been removed from FEMA’s effective regulatory floodplain by a Letter of Map Revision based on Fill (LOMR-F) shall be regulated by requiring all new and substantially improved structures on these lands to maintain the lowest floor above the base flood elevation, consistent with development in the regulatory floodplains. Note: State Regulatory Floodplain is the 1% flood IV. Where Are We Going? A. State Floodplain Regulations (b) Establishment of Floodway Criteria. The Town recognizes that Designated Floodways are administrative limits and tools used to regulate existing and future Floodplain developments within its jurisdiction. At such time when floodways are to be delineated through Physical Map Revisions involving local government participation, the Town shall delineate floodways for the revised reaches based on ½-foot rise criteria. Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation. Until such time that floodways are revised and designated, the Town may continue to regulate its mapped one-foot floodways. For reaches where a transition must be shown to connect new studies to existing studies with different floodway criteria, the transition length shall not exceed 2,000 feet. Note: NFIP Floodway – Maximum 12” rise State Floodway – Maximum 6” rise Town Floodway – Max. 12” rise until receipt of new maps, then 6” rise IV. Where Are We Going? A. State Floodplain Regulations (a)Minimum Freeboard. A minimum freeboard of one foot above the 100-year flood elevation (Base Flood Elevation) shall apply to structures in the floodplain as follows: 1)Residential Structures. New and Substantially Changed residential structures, and Additions to existing residential structures shall be constructed with the lowest floor, including basements, placed with a minimum of one foot of freeboard above the Base Flood Elevation. 2)Non-residential Structures. New and Substantially Changed non-residential structures, and Additions to existing non-residential structures shall be constructed with the lowest floor, including basements, placed with a minimum of one foot of freeboard above the Base Flood Elevation, or be flood-proofed to an elevation at least one foot above Base Flood Elevation. Agricultural structures shall be exempt from this requirement. Critical Facilities shall be constructed with two feet of freeboard or flood-proofed to an elevation at least two feet above the Base Flood Elevation. This requirement does not affect the freeboard requirement for levees described in Section 17.28.040. Note: Applies to New, Substantially Changed, and Additions Revised Local Floodplain Regulations (a) A qualified Colorado registered professional engineer in good standing shall direct or supervise floodplain projects within the regulatory floodplain and project designs within the regulatory floodplain shall be certified and sealed by the Colorado registered professional engineer of record. IV. Where Are We Going? A. State Floodplain Regulations Note: Current Administrative Policy •Only engineers can apply for floodplain permits •Engineer of record must submit a post-work certificate of compliance IV. Where Are We Going? A. State Floodplain Regulations (1)No adverse floodway impact means that there is a 0.00- foot rise in the proposed conditions compared to existing conditions floodway. Upon completion of any work within a floodway, a Floodway No-Rise Certificate shall be submitted by the engineer or record. Revised Local Floodplain Regulations Note: In some locations this will not be possible under current conditions 29 IV. Where Are We Going? B. Community Rating System (CRS) Note: Biggert-Waters Act: Insurance Changes CRS: Increased Regulations  Decreased Insurance Premiums 30 IV. Where Are We Going? C. Temporary Floodplain Regulations IV. Where Are We Going? C. Temporary Floodplain Regulations High water mark or mapped floodplain (whichever is more restrictive) Downtown Fall River Fish Creek 31 32 IV. Where Are We Going? D. Long Range Planning Many Pieces Many Stakeholders Many Concerns/Issues ISSUES OF FLOODPLAIN ADMINISTRATOR 33 Wet summer/Ground saturated 9.25” – 11 .56” of rainfall, September 9-16 15.6” Annual Precipitation Climate Change Accuracy of Flood Insurance Study (FIS) Event Probability Varied by Watershed Event Duration (~2.5 days) IV. Where Are We Going? D. Long Range Planning IV. Where Are We Going? D. Long Range Planning 09/12/13 Flood Event Rapid Building Assessments Temp. suspension of Permanent Construction Bank Stabilization for Spring Runoff Permanent Work (High Water Mark) Identify Resources Long-range planning Master Plan Implementation New Flood Study? Work with Stakeholders see general report for more information NOW ORDINANCE NO. 14-13 AN ORDINANCE OF THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO, AMENDING TITLE 17 THE ESTES PARK MUNICIPAL CODE BY INCLUDING FLOODPLAIN REGULATIONS ENACTED BY THE COLORADO WATER CONSERVATION BOARD. WHEREAS, on January 14, 2011, the Colorado Water Conservation Board established new statewide floodplain rules (Rules) that apply to all geographic areas of Colorado; and WHEREAS, by January 14, 2014, local entities, including the Town of Estes Park, must update, adopt and enforce their own local ordinances to stay in compliance with the Rules; WHEREAS, this ordinance was introduced and read at length on November 12, 2013, at the regular meeting of the Board of Trustees of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1. The Municipal Code of the Town of Estes Park is amended by the revision of Chapter 17.28 – Floodplain Regulations as more fully set forth on Exhibit A attached hereto and incorporated herein by this reference. Section 2. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. The Ordinance shall take effect and be in force 30 days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS _________ DAY OF ________________, 2013. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the _______ day of _______________, 2013, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the _______ day of __________________, 2013. _____________________________ Town Clerk EXHIBIT A Section 1: Chapter 17.28.015 of the Municipal Code regarding floodplain regulation definitions to be amended to read as follows: Sec. 17.28.015. Definitions. For purposes of this Chapter only, certain terms and words are defined as set forth in this Section: (1) Existing manufactured homepark or subdivision means a manufactured homepark for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, construction of streets and either final site grading or the pouring of concrete pads) are completed before the effective date of the ordinance codified in this Chapter. (2) Expansion to existing manufactured homepark or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). (3) Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term manufactured home also includes parked trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term manufactured home does not include parked trailers, travel trailers and other similar vehicles. (4) Manufactured homepark or subdivision means a parcel or contiguous parcels of land divided in two (2) or more manufactured home lots for rent or sale. (5) New manufactured homepark or subdivision means a manufactured homepark or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the Town. (Ord. 7- 87 §8, 1987; Ord. 8-90 §3, 1990; Ord. 15-97, 1997) (1) Critical Facility or Critical Facilities means a structure or related infrastructure, but not the land on which it is situated, as specified as essential facilities per American Society of Civil Engineers (ASCE/SEI 7), and Article 5, Section H of the Colorado Floodplain Damage Prevention Ordinance, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. Page 1 of 8 EXHIBIT A (2) Floodplain Administrator means the community official designated by title to administer and enforce the floodplain management regulations. (3) Floodway means the channel of a river of other watercourse and the adjacent land areas that must be kept free of obstructions in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (4) Freeboard means the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed. (5) No-Rise Certification means a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by technical data and signed by a registered Colorado Professional Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100- year floodway shown on the Flood Insurance Rate Map (FUIRM) or Flood Boundary and Floodway Map (FBFM). (6) Regulatory Floodplain means the 100-year floodplain. Previously designated floodplain areas that have been removed from FEMA’s effective regulatory floodplain by a Letter of Map Revision based on Fill (LOMR-F) shall be regulated by requiring all new and substantially improved structures on these lands to maintain the lowest floor above the base flood elevation, consistent with development in the regulatory floodplains. Section 2: Chapter 17.28.020 of the Municipal Code regarding the establishment of floodway districts to be amended to read as follows: 17.28.20 Establishment of districts. (a)There are created and established in the Town the following special zoning districts: (1) FW Floodway District; (2) FF Flood Fringe District. (b) Establishment of Floodway Criteria. The Town recognizes that Designated Floodways are administrative limits and tools used to regulate existing and future Floodplain developments within its jurisdiction. At such time when floodways are to be delineated through Physical Map Revisions involving local government participation, the Town shall delineate floodways for the revised reaches based on ½-foot rise criteria. Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway Page 2 of 8 EXHIBIT A delineation. Until such time that floodways are revised and designated, the Town may continue to regulate its mapped one-foot floodways. For reaches where a transition must be shown to connect new studies to existing studies with different floodway criteria, the transition length shall not exceed 2,000 feet. (b) (c) The floodway and flood fringe districts shall be special zoning districts which overlay the underlying zoning districts on property designated to be within the floodplain area. The boundaries of the zoning districts shall be determined by actual elevation of the ground surface as determined by a Town-approved engineering survey and delineated on the official floodplain zoning maps of the Town. (c) (d) Whenever possible, the provisions of this Chapter shall be interpreted to apply in conjunction with other land use regulations. In the event of conflicts with other provisions of this Code, the more restrictive provisions shall apply. (Ord. 22-86 §1 Exhibit A (part), 1986) Section 3: Chapter 17.28.040 of the Municipal Code regarding the FW Floodway District conditions to be amended to read as follows (no changes or deletions to remaining subsections): 17.28.040 FW Floodway District; conditions (12) A minimum levee freeboard of three (3) feet shall be necessary, with an additional 1- foot of freeboard within 100 feet of either side of hydraulic structures within the levee or wherever the flow is constricted, such as at bridges. An additional 0.5-foot above this minimum is also required at the upstream end of the levee. Section 4: Chapter 17.28.090 of the Municipal Code regarding floodplain development permits to be amended to read as follows: 17.28.090 Floodplain development permit. (a) A floodplain development permit shall be obtained before construction or improvement begins within any area of special flood hazard. Applications for special floodplain development permits shall be accompanied by surveys, plot plans, drawings and plans indicating floodproofing measures as set forth in this Chapter. Applicants for a floodplain development permit shall be assessed a fee for advertising and processing. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 28-87 §2, 1987; Ord. 15-97, 1997) (b) Minimum Freeboard. A minimum freeboard of one foot above the 100-year flood elevation (Base Flood Elevation) shall apply to structures in the floodplain as follows: 1) Residential Structures. New and Substantially Changed residential structures, and Additions to existing residential structures shall be constructed with the lowest floor, including basements, placed with a minimum of one foot of freeboard above the Base Flood Elevation. 2) Non-residential Structures. New and Substantially Changed non-residential structures, and Additions to existing non-residential structures shall be Page 3 of 8 EXHIBIT A constructed with the lowest floor, including basements, placed with a minimum of one foot of freeboard above the Base Flood Elevation, or be flood-proofed to an elevation at least one foot above Base Flood Elevation. Agricultural structures shall be exempt from this requirement. Critical Facilities shall be constructed with two feet of freeboard or flood-proofed to an elevation at least two feet above the Base Flood Elevation. This requirement does not affect the freeboard requirement for levees described in Section 17.28.040. (c) A qualified Colorado registered professional engineer in good standing shall direct or supervise floodplain projects within the regulatory floodplain and project designs within the regulatory floodplain shall be certified and sealed by the Colorado registered professional engineer of record. Section 5: Chapter 17.28.105 of the Municipal Code regarding flood mitigation measures and stream alteration activities to be added to read as follows: 17.28.105 Effects of Flood Mitigation Measures and Stream Alteration Activities on Regulatory Floodplains (1) Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed geomorphological analysis should be considered, when appropriate, to assist in determining the most appropriate design. Project proponents for a mitigation activity must evaluate the residual 100-year floodplain. Proponents are also encouraged to map the 500-year residual floodplain. (2) All public and private Flood Control Structures shall be maintained to ensure that they retain their structural and hydraulic integrity. Annual inspections including, as appropriate, field surveys of stream cross-sections, shall demonstrate to the floodplain manager that the project features are in satisfactory structural condition, that adequate flow capacity remains available for conveying flood flows, and that no encroachment by vegetation, animals, geological processes such as erosion, deposition, or migration, or by human activity, endanger the proper function of the project. If any significant problems, as identified within annual inspection reports, the facility or project owner shall notify the floodplain manager within 15 days of the inspection. The inspections shall be conducted by Town staff for all publicly owned or publicly maintained facilities, and shall be conducted by the property owner or facility owner for all privately owned and maintained facilities. Page 4 of 8 EXHIBIT A (3) Any stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable federal, state and local floodplain rules, regulations and ordinances. (4) Any stream alteration activity shall be designed and sealed by a Colorado Registered Professional Engineer or Certified Professional Hydrologist. (5) All activities within the regulatory floodplain performed by federal agencies using local or state funds, or by private, local or state entities shall meet all applicable federal, state and local floodplain requirements. (6) Stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a Colorado Registered Professional Engineer, that there are no adverse floodway impacts resulting from the project. This requirement only applies on stream reaches with Base Flood Elevations established. (7) No adverse floodway impact means that there is a 0.00-foot rise in the proposed conditions compared to existing conditions floodway. Upon completion of any work within a floodway, a Floodway No-Rise Certification shall be submitted by the engineer or record. (8) Whenever a Stream Alteration activity is known or suspected to increase or decrease the established Base Flood Elevation in excess of 0.3 vertical feet, a Letter of Map Revision showing such changes shall be obtained in order to accurately reflect the proposed changes on FEMA’s regulatory floodplain map for the stream reach. The Town is responsible for ensuring that this process is pursued. This section herein does not require a Conditional Letter of Map Revision (CLOMR) to be applied for, unless mandated by the floodplain manager. Section 6: Chapter 17.28.155 of the Municipal Code regarding enforcement of floodplain rules and regulations to be added to read as follows: 17.28.155 Enforcement of Floodplain Rules and Regulations. The following procedure shall be followed regarding alleged violations. (1) Notice of Non-Compliance. 1. A Notice of Non-Compliance (NONC) may be prepared and transmitted by the Floodplain Manager. Information regarding potential violations may be discovered directly by staff or can be brought by a Complainant or by Page 5 of 8 EXHIBIT A any other person who may be directly and adversely affected or aggrieved as a result of the alleged violation. 2. Oral complaints shall be confirmed in writing by the Complainant. Persons making a complaint are required to submit a formal letter of complaint to the Floodplain Manager. 3. NONC process. i. An NONC shall be delivered to an alleged violator by personal delivery or by certified mail (return receipt requested). A copy of the NONC shall be transmitted to FEMA Region VIII and the National Flood Insurance Program (NFIP) Coordinator at the Colorado Water Conservation Board (CWCB). ii. The NONC does not constitute final action. iii. The NONC shall identify the regulation or policy subject to Town jurisdiction allegedly violated and the facts alleged to constitute the violation. The NONC may propose appropriate corrective action and suggested corrective action(s) if any, that the Floodplain Manager elects to require. (2) The Town shall support, through its National Flood Insurance Program activities, these regulations. This support will include the existing ability for the Floodplain Manager to file sanctions upon a property owner for non-compliance. Section 7: Chapter 17.28.160 of the Municipal Code regarding FF flood fringe district conditions to be amended to read as follows: 17.28.160 Appeals. Appeals to the Board of Adjustment Appeals specified in the adopted building code may be taken by any person aggrieved by his or her inability to obtain a building permit in the FW floodway or FF flood fringe zones or by any officer, department, board or bureau of the Town. Upon review, the Board of Adjustment shall have jurisdiction only over the following matters: (1) To review the exact zoning district boundary of the FW floodway or FF flood fringe district as it relates to any specific piece of property; (2) To determine the suitability and advisability of alternate methods of construction. Such determination shall not reduce the capacity of the structure involved to withstand flood damage, nor shall any alternate methods restrict the flow capacity of the main channel or any drainage relative to such channel; (3) In appropriate cases, the Board of Adjustment Appeals specified in the adopted building code may issue a variance from provisions of this regulation only after making a specific finding that the variance will not endanger health, welfare and safety of the applicant, or any upstream or downstream owner or occupier of Page 6 of 8 EXHIBIT A land. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to effect relief. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood protection elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (4) No variance shall be granted within the regulatory floodway if the base flood level will be increased. (Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 8-90 §6, 1990) (5) Request for a variance to any of these regulations may be considered by the Town, provided the entity or individual requesting the variance has submitted a written request to the floodplain manager. A notice of the Request must be provided to any adjacent communities that would be affected by the variance. (6) The request for a variance shall identify: 1. The regulation(s) from which the variance is requested; 2. The communities that would be affected by the variance; 3. The reasons why the Rule cannot be complied with; 4. The estimated difference in water surface elevations, flood velocities and flood boundaries that would result if the requested variance were granted than if the calculations were made through strict compliance with the regulation(s); 5. The estimated number of people and structures that will be impacted by granting of the variance; and 6. Any other evidence submitted by the Town, the CW CB, or other party of interest. (7) Variances may be issued if it can be determined that: 1. There is a good and sufficient cause; and 2. The variance is the minimum necessary, considering the flood hazard, to afford relief; and 3. Failure to grant the variance would result in exceptional hardship to the community or the requestor and that the hardship is not the community's or requestor’s own making; and (8) The granting of a variance will not result in increased vulnerability to flood losses, additional threats to public safety and welfare, extraordinary public expense, create nuisances, cause fraud or victimization of the public, hide information of significant interest to the public or conflict with existing local laws or regulations. (9) Variance requests shall be processed as follows: 1. The Town shall render, confirm, modif y, or reject all variance requests pertaining to these regulations. Page 7 of 8 EXHIBIT A 2. The CWCB may review local variance decisions on a case-by-case basis to ensure that the overall intent and spirit of these Rules are properly considered at the local level. 3. Informal variance determination request may be presented to CWCB staff in order to guide community officials or project applicants as to whether a formal variance would be needed on a case by case basis. Section 8: Chapter 17.28.180 of the Municipal Code regarding incorporation by reference to be added to read as follows 17.28.180 Incorporation by Reference. Rules and Regulations for Regulatory Floodplains in Colorado, adopted by the Department of Natural Resources Colorado Water conservation Board, effective January 14, 2011. FEMA Regulations 44 C.F.R. §§ 59, 60, 65, and 70 (2010), EPA Regulations 40 CFR § 302 (2010) and OSHA Regulations 29 CFR § 1910 (2010) are incorporated herein by reference. In addition, The Colorado “Office of the State Engineer Rules and Regulations for Dam Safety and Dam Construction Materials,” set forth in 2 C.C.R. § 402-1 (2010) are incorporated herein by reference. The FEMA Guidelines and Specifications for Flood Mapping Partners (2009) are also incorporated herein by reference. These regulations are hereby incorporated by reference by the Town of Estes Park and made a part of these Regulations for Regulatory Floodplains within Town limits. Materials in these Rules which are incorporated by reference are those materials in existence as of the effective date of these Rules and do not include later amendments to or editions of these materials. The material incorporated by reference is available for public inspection during regular business hours at the Town of Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, CO 80517. Page 8 of 8 UTILITIES DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Reuben Bergsten, Utilities Director Date: November 12, 2013 RE: Resolution #32-13 Waiver of Monthly Base/Minimum Utility Charges 2013 Flood Victims Objective: To assist victims of the 2013 flood who have had structures destroyed or damaged resulting in the temporary loss of utility service. Present Situation: The Utilities Department charges fixed monthly minimums to cover a number of fixed costs (e.g. meter reading, tree trimming, laboratory analysis…). It has been the practice of the Utilities Department to require payment of applicable monthly minimum charges to keep the account active. The Utilities Department has been asked to consider a conditional waiver of these monthly minimums in light of the structures destroyed or damaged in the 2013 flood resulting in the temporary loss of service. Proposal: Proposed Resolution #32-13 has been written to suspend the monthly minimum charges for the structures destroyed or are unsafe due to the flood and we are unable to provide the utility service. The waiver would be retroactive to October 1, 2013, and will be in effect for up to one (1) year, i.e. October 1, 2014, or when service is in use, whichever comes first. Advantages: This will provide economic relief to people in need. Disadvantages: Utility billing staff will see an increase in workload to review requests. Action Recommended: For the Town Board to consider a resolution temporarily suspending utility monthly base/minimum charges for victims of the 2013 flood who have had a personal disaster resulting in temporary loss of service. Budget: Maximum potential lost revenue from approximately 160 customers could be $33,000. Level of Public Interest This action will have an isolated impact. Sample Motion: I move for the approval/denial of Resolution #32-13, waiving monthly minimum utility charges for these specified customers.  1 RESOLUTION NO. 32-13 A RESOLUTION SUSPENDING UTILITY FEES FOR 2013 FLOOD VICTIMS WITH HOMES AND BUSINESSES WITHOUT ELECTRIC OR WATER SERVICE WHEREAS, in September 2013, severe flooding in the service areas of the Town’s Light & Power and Water Enterprises damaged public and private property and the Town’s utility distribution systems; and WHEREAS, some homes and businesses were destroyed or damaged and their electric and/or water service is unavailable; and WHEREAS, pursuant to the Town’s utility rates, all customers are required to pay minimum monthly utility fees; and WHEREAS, the Board of Trustees serves as the Board of Directors for the Town’s two utilities and has the authority to modify electric and water charges under special circumstances; and WHEREAS, the Town Board of Trustees wishes to suspend monthly minimum charges for water and electricity as provided in this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. The monthly minimum charges for water and electricity for Town customers shall be suspended under the following circumstances: a) Any customer whose structure was destroyed or is unsafe, and their electric or water service is shown to be unavailable from the Town. 2. Any customer specified in Paragraph 1 may request suspension of minimum charges for utility services by providing a written request and a full description of their situation to the Town’s Utility Billing Department. The customer shall be required to provide written notice to the Town of the restoration of utility service.  2 3. The suspension of the minimum charges shall be retroactive to October 1, 2013, and shall be effective until October 1, 2014, or until the utility service is in use, whichever occurs first. Dated this _____day of _____________, 2013. Mayor ATTEST: Town Clerk