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HomeMy WebLinkAboutPACKET Town Board 2013-08-13The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Town Board Room Tuesday, August 13, 2013 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated July 23, 2013 and Town Board Minutes dated July 23, 2013. 2. Bills. 3. Committee Minutes: A. Community Development / Community Services, July 25, 2013. 4. Estes Valley Board of Adjustment Minutes dated July 2, 2013. (acknowledgement only). 5. Resolution #14-13 – Scheduling a Show Cause Liquor Hearing for Café de Pho Thai Inc., dba Café de Pho Thai, 225 W. Riverside Drive, Tavern Liquor License on September 10, 2013. 6. Resolution #15 -13 – Scheduling a Show Cause Liquor Hearing for EP Resorts Inc., dba Marys Lake Lodge, 2625 Marys Lake Road, Tavern Liquor License on September 10, 2013. 7. Resolution #16-13 – Scheduling a Show Cause Liquor Hearing for Everest Kitchen LLC., dba Famous Eastside Groceries, 381 S. St. Vrain Avenue, 3.2% Beer Off Premises Liquor License on September 10, 2013. 8. Resolution #17-13 – Scheduling a Show Cause Liquor Hearing for Rocky Mountain Pharmacy of E.P., Inc., dba Rocky Mountain Pharmacy of E.P., 453 E. Wonderview Avenue #1, Liquor Licensed Drug Store Liquor License on September 10, 2013. Prepared 08/02/13 * Revised 08/07/13 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 9. Resolution #18-13 – Scheduling a Show Cause Liquor Hearing for Deer Ridge Inc., dba National Park Village South, 900 Moraine Avenue, 3.2% Beer Off Premises Liquor License on September 10, 2013. 10. Resolution #19-13 – Scheduling a Show Cause Liquor Hearing for Safeway Stores 46 Inc., dba Safeway Store No. 920, 451 Wonderview Avenue, 3.2% Beer Off Premises Liquor License on August 27, 2013. 11. Resolution #20-13 – Scheduling a Show Cause Liquor Hearing for Bowl Fort Collins LLC dba Chippers Lanes Estes Park Center, 555 S. St. Vrain Avenue, Tavern Liquor License on August 27, 2013. 12. Resolution #21-13 – Appointing Jerry Roselle to Perform Show Cause Hearings related to compliance checks conducted on July 25, 2013. 13. Park R-3 School District School Resource Officer Agreement for 2013-2014 School Year. 2. REPORT AND DISCUSSION ITEMS: 1. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Director Zurn. 2. VISITOR CENTER TRANSIT FACILITY PARKING STRUCTURE PLANNING PROCESS. Director Zurn. 3. PRO-CYCLING CHALLENGE UPDATE. Director Winslow. 3. ACTION ITEMS: 1. ESTES VALLEY PLANNING COMMISSION APPOINTMENT. Director Chilcott. 2. LMD INTERVIEW COMMITTEE, ESTES PARK ECONOMIC DEVELOPMENT CORPORATION, NORTHERN COLORADO ECONOMIC DEVELOPMENT CORPORATION, & COMMUNITY SERVICE GRANT REVIEW COMMITTEE APPOINTMENTS. Administrator Lancaster. 3. ORDINANCE #11-13 PROHIBITING MARIJUANA ESTABLISHMENTS - TESTING FACILITIES, PRODUCTION FACILITIES, RETAIL STORES & PRIVATE MARIJUANA CLUBS. Attorney White. 4. ORDINANCE #12-13 AMENDING MUNICIPAL CODE CHAPTER 9.28 DRUG PARAPHERNALIA & MARIJUANA. Attorney White. 5. MULTI-PURPOSE EVENT CENTER & STALL BARN CIVIL SITE WORK CONTRACT. Director Zurn. 6. VISITOR CENTER TRANSIT FACILITY PARKING STRUCTURE DESIGN CONTRACT. Director Zurn. 7. STRATEGIC PLAN - ADOPTION OF 5-7 YEAR GOALS & 2014 OBJECTIVES. Town Administrator Lancaster 4. ADJOURN * Town of Estes Park, Larimer County, Colorado, July 23, 2013 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 23rd day of July, 2013. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Town Attorney White and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 4:35 p.m. FUTURE AGENDA ITEMS. Staff stated consultant Eric Marburger would be present at the August 13th meeting to discuss the proposed compensation policy. The August 27th meeting would include a discussion on affordable housing with a presentation by Estes Park Housing Authority Director Rita Kurelja. Recommendations would be forwarded to the Estes Valley Planning Commission on possible code amendments to the Estes Valley Development code. Trustee Elrod suggest a problem statement be developed. Trustee Norris requested the Town Board and County Commissioners agree to a problem statement before presenting it to the Planning Commission. Administrator Lancaster stated the Museum/Senior Center Master Plan has been placed on hold until the completion of the feasibility study for the Community Wellness Recreation Center. The community survey for 2014 would be conducted in June, and therefore, discussed by the Board during the first quarter of 2014. The Capital Investment Plan (CIP) would be moved to the September 10th meeting as well as the financing of infrastructure and capital improvements. A policy on the naming of areas such as parks, streets etc. and the acceptance of art/gifts by the Town would be developed and reviewed by the Board. LOCAL MARKETING DISTRICT BOARD APPOINTMENTS AND MAKEUP. Mayor Pinkham informed the Board the Town has received a resignation letter from Kathy Palmeri from the LMD Board effective August 21, 2013 with her term expiring on December 31, 2013. He outlined the process for moving forward to fill this vacancy – advertise the position to complete the current term of Mrs. Palmeri and then serve a 4- year term, and applicants to be interviewed by a committee consisting of 2 Town Board members and the Town Administrator with the Town Clerk facilitating the interview process. Town Board members interested in participating in the process are to contact the Mayor for consideration and appointment. In the past, members of the LMD Board have been involved in the interview process. This practice would not be continued in 2013. TOWN REAL PROPERTY OWNERSHIP POLICY DISCUSSION. A draft policy was presented to the Board for review and comment. Some of the criteria outlined in the policy is consistent with criteria used by the Larimer County Open Lands Advisory Board. Town Board Study Session – July 23, 2013 – Page 2 Town Board comments are summarized: the definitions for view shed and wildlife corridors should be consistent with other Town policies and codes; the Town should consider the highest offer when selling land and not the entity or individual that may purchase the property as outlined in 105.3.8.3; the value and therefore the sale price of property should be determined by the Town Board; appraised value and market price could lock the Board into a certain price; discussed the word acquisition in reference to purchasing property as there a number of means for acquiring property other than purchasing; the Board debated the need for a policy on the ownership of property maintained by the Town; the policy needs to provide direction and not finite standards that would limit the Town in the future; the Board should review the property inventory annually; and there is value in identifying criteria for holding property. Mayor Pro Tem Blackhurst stated property has been deeded to the Town in the past with no defined use and later developed into a park, a public benefit. He would advocate the Town hold property for future use yet undetermined. He would not support a policy. Trustee Koenig would not support a policy as it would limit the Board’s decisions and future Boards should be provided the latitude to determine the criteria used in making decisions on the purchase or sale of property in the future. Trustee Elrod stated a policy would make it clear to the citizenry as to how the Town determines the retention, purchase/acquisition and disposal of real property owned by the governing body. Trustee Ericson commented the Town should be proactive in the management of Town owned properties, dispose of properties that are not needed, and use proceeds for projects. After further discussion, the Board requested the property inventory be reviewed by the Board to determine the value of retaining each property and then proceed with drafting a policy. The item would be slated for an upcoming study session. REVIEW 5-7 YEAR GOALS & 2014 DRAFT OBJECTIVES. Town Administrator Lancaster presented the Board with the latest version of the 2014 Strategic Plan, including Vision, Mission, Key Outcome Areas, Goals (5-7 Years), and 2014 Board Objectives (1 Year Time Frame). Review of Changes: - Leave housing under community services and not make it an outcome area. - Improve Air Quality (Goals 4b) – The item would be revised to include water quality issues and a measureable goal, i.e. implement projects and polices to improve the environmental quality. - Goal 6b – updated to refer to a well-trained and educated Town staff. - 2014 Objectives o Board in agreement with projects added. o Clarify begin the parking structure rather than complete. o Remove formation of task force for the Town’s anniversary and add participate in the 100th anniversary preparations of the Park. o Change “Study” to “Take” any steps required for the FLAP grant project. ROLE OF TOWN BOARD LIASIONS. Mayor Pro Tem Blackhurst commented Town Board liaisons have at times acted as committee members or advocates for entities. The Board has a responsibility to be impartial. He questioned the role of liaison and suggested the Board may want to consider eliminating them in the future. The discussion would be rescheduled to an upcoming study session. There being no further business, Mayor Pinkham adjourned the meeting at 6:36 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, July 23, 2013 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 23rd day of July, 2013. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Lowell Richardson, Assistant Town Administrator Greg White, Town Attorney Cynthia Deats, Deputy Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION – “Estes Park United Campaign” – July-September, 2013. Mayor Pinkham read a proclamation designating July through September 2013 as the timeframe for the Estes Park United Campaign.” Chuck Levine and Gordon Thibedeau, representing United Way, explained that the campaign is unique with 100% of the funds donated during the 2013 campaign remaining in the Estes Park community for the benefit of the Estes Valley Investment in Childhood Success (EVICS), the Learning Center, and the Estes Park Kids Café. PUBLIC COMMENTS. None. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Ericson said the Community Development/Community Services Committee meeting will be held on Thursday, July 25th at 8 a.m. in the Town Board Room. He also noted that sales tax through May is $75,000 ahead of budget. Trustee Phipps reported that applications for Larimer County Open Lands grants are now being accepted. The grants (up to $2000 each) are available to both individuals and organizations. Application deadline is September 6, 2013. Mayor Pro Tem Blackhurst reported that the Town participated in the America in Bloom program for the first time this summer. Two America in Bloom judges visited Estes Park to evaluate horticulture, forestry and beautification efforts within the community. A written report of their findings will be available in September. Mayor Pro Tem Blackhurst said staff did an exemplary job representing the community and recognized Keri Kelly, Russ Franklin, Brian Berg, Tanya Ziegler, Meghan Lindeman, seasonal staff, Kate Rusch, and Derek Fortini for their efforts. Trustee Koenig said the Sister Cities meeting is scheduled to be held on Wednesday, July 24th at 8 a.m., and congratulated staff on an outstanding Rooftop Rodeo Week. She reported that her cousin, Kris Koenig, makes documentaries and invited the community to attend the showing of “Assaulted: Our Civil Rights” that will be shown at the conference center at 3:30 p.m. on Sunday, August 18, 2013. Another documentary of Mr. Koenig’s, “400 Years of the Telescope”, has been aired on public television. Trustee Elrod reported that items from the July 16th Estes Valley Planning Commission meeting have been continued to allow time for the review of additional information prior Board of Trustees – July 23, 2013 – Page 2 to a recommendation being made by the commissioners. He noted that the modernization of the Comprehensive Plan is continuing. The public can follow the progress of this project by visiting www.estes.org/comprehensiveplan. Mayor Pinkham thanked Mayor Pro Tem Blackhurst for filling in for him while he was out of town on vacation. TOWN ADMINISTRATOR REPORT. 1. Town Administrator Lancaster will continue as the Town’s representative on the CML Policy Committee. CML is soliciting input on policy agenda items to be brought up to the legislature next year. Policy agenda items should be forwarded to Administrator Lancaster so that legislative needs or concerns of the Town of Estes Park can be submitted. 2. The Ethics, Liability and Best Practices Handbook for Elected Officials was provided to the Town Board by CIRSA. Town Administrator Lancaster noted that staff and the Board take their responsibilities of providing services to the citizens of Estes Park seriously. 3. Regarding the community center feasibility study being done by the Estes Valley Recreation and Park District (EVRPD), a firm has been selected to do the study with results of the study expected in November 2013. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated July 9, 2013, and Town Board Minutes dated July 9, 2013. 2. Bills. 3. Committee Minutes – None. 4. Estes Valley Planning Commission Minutes dated June 18, 2013 (acknowledgement only.) It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda Items, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. PUBLIC INFORMATION OFFICE UPDATE. Highlights of Public Information Officer (PIO) Rusch’s report included the hiring of Suzanna Simpson to assist Administration staff, manage the Administration office, and to assist in providing backup related to PIO duties. Work continues on policies related to social media, customer service, website and public information; in addition to facilitation of the Bear Task Force, and the distribution of information about the Pro Challenge bicycling race that will be taking place in Estes Park on August 24th. Accessibility issues will be the topic of discussion when the U.S. State Department’s African Disability Issues Delegation visits Estes Park and Rocky Mountain National Park on Monday, July 29th. Website visits continue to increase, the Payport online payment system will be expanding, and the next Bugle is scheduled to be published and mailed this fall. Staff is researching options related to replacing the printed Bugle with an electronic newsletter. 2. MULTI-PURPOSE EVENT CENTER (MPEC) & STALL BARN CONSTRUCTION UPDATE. The stall barn foundation and the underground plumbing in the bathroom areas have been completed and backfilled with the erection of steel expected by the end of July. Excavation for the MPEC foundation is underway, however, bedrock has been encountered. At this time instead of blasting, a caterpillar is being used to rip the rock out of the foundation area. Dir. Zurn said a delay of up to two weeks and an estimated additional cost of less than $20,000 can be Board of Trustees – July 23, 2013 – Page 3 expected in order to resolve the issues with the bedrock. Work continues on shop drawings, with a focus on the heating, ventilating, and air conditioning systems; and bids for the civil site work are being solicited. He reported that an underdrain was added to the project to deal with shallow ground water in the area. Dir. Zurn said a tour of the site and a ceremony for topping out the last piece of steel on the stall barn will be announced soon. Dir. Winslow stated that the project is being photographically documented, with photos taken up to several times a day from different vantage points on the fairgrounds property. Assistant Town Administrator Richardson said that Johnson Consulting has provided a recommendation for a marketing plan which includes both the MPEC and the conference center, and will be providing a draft business operating plan for the MPEC based on the original pro forma. A request for proposal (RFP) will be issued to retain the services of a marketing and sales consultant and hiring is expected to occur within the next several months. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP #3, Stone Bridge Estates Condominiums, 1155 & 1157 Fish Creek Road, Stone Bridge Estates, LLC & Hanson Holdings, LLC/Applicants. B. FINAL SUBDIVISION PLAT, Stone Bridge Estates, 1125-1195 Fish Creek Road, Conversion of condominiums to townhomes, Stone Bridge Estates, LLC & Hanson Holdings, LLC/Applicants. C. REZONING, Rezoning from CH – Commercial Heavy with restrictions to CH – Commercial Heavy with no restrictions, Tract 2 Hillery Parrack, 1789 Wildfire Road, Wildfire Development LLC/Applicant. Item continued to September 24, 2013. It was moved and seconded (Blackhurst/Norris) the Planning Commission Consent Agenda be approved, and it passed unanimously. 2. ACTION ITEMS:  Mayor – Open Public Hearing  Staff Report  Public Testimony  Mayor – Close Public Hearing  Motion to Approve/Deny. A. DEVELOPMENT CODE WAIVER, Section 4.3.C.3 Maximum Number of Principal Uses Permitted Per Lot or Development Parcel, Lot 45 The Reserve 1st Filing, Bradley and Cynthia Buggs/Applicants. Planner Shirk said that the applicant is requesting a waiver of Estes Valley Development Code (EVDC) regulations to allow a second dwelling to be built on Lot 45 in The Reserve. Lot 45, which is approximately 8 acres in size, currently contains an historic structure that was built in the 1890s. It is the applicant’s desire to build a new, modern home on the same lot while maintaining the historic structure for summer guests. The EVDC allows only one house per single-family lot. The Code does not provide guidelines for waivers, however, it does include guidelines for approval of modifications to development standards when the modification has been determined to lessen visual impact, provide more effective environmental or open space preservation, or relieves practical difficulties in developing a site. Planner Shirk said that the owner would have the option of subdividing the property, however, the owner is not interested in selling the land. He noted that building a second Board of Trustees – July 23, 2013 – Page 4 residence on the lot would result in far less density than subdividing the property. At their meeting on June 18, 2013, the Estes Valley Planning Commission voted unanimously to recommend disapproval of the waiver request, noting the Town Board’s decision against allowing detached accessory dwelling units (ADU). Discussion is summarized: the property is not included on the historic registry; the owner could elect to split the lot into two lots; property would likely not qualify for a minor subdivision procedure; the historic structure is not suitable for year ‘round occupancy; building code issues would be encountered if adding on to the historic structure; the Planning Commission is tasked with upholding the EVDC; and options other than a waiver to the development code exist for the property owner. Cindy Bugg, Town resident and applicant, said since the historic structure is not winterized, she and her husband want to build a second home on the property as their retirement home. She stated that neighbors in Stanley Heights and the Reserve do not want to see the property subdivided. Janet and Randall Maharry, County residents, both supported allowing a second home to be built on the property, spoke to the importance of preserving our history, and suggested the Board look at the property before making a decision. Mayor Pro Tem Blackhurst said that the property in question was developed in the 1990s as part of The Reserve and purchased by the owners with the existing structures. He noted that there are options available to the owner and concurred with the Planning Commission’s recommendation to uphold the Code and disapprove the waiver. Trustee Norris questioned whether the property could be subdivided and a conservation easement granted for a portion of the property. Planner Shirk said that the Estes Valley Land Trust was not interested in a conservation easement on the property. Randall Maharry, County resident, said since this matter involves real estate, any Board member(s) who is involved in the real estate business should not vote on this matter. Mayor Pro Tem Blackhurst said he has no personal or financial interest in this property, but said he would recuse himself from voting on the matter. It was moved and seconded (Elrod/Phipps) in light of the Planning Commission’s decision, to deny the request to allow a second principal structure on Reserve Lot #45, and it passed unanimously with Mayor Pro Tem Blackhurst abstaining from the vote. 4. ACTION ITEMS: 1. NAMING OF GEORGE HIX MEMORIAL. The Hix family is requesting that the Board consider renaming Riverside Plaza, George Hix Riverside Plaza, in recognition of the life and community service of George Hix. In conjunction with the renaming, the family is offering to contribute a minimum of $25,000 towards the commission of a bronze sculpture, or other artwork, to be displayed in the plaza. At a previous meeting, the Town Board asked staff to gather public comment on the renaming of Riverside Plaza and the comments are included in the meeting packet materials. Trustee Norris said he applauds the idea of recognizing Mr. Hix and noted that the public comment on the topic is mixed. He said the Town does not have a policy in place to deal with accepting artwork and said he would prefer to have a policy in place prior to accepting a donation of this magnitude. It was moved and seconded (Norris/Elrod) to table the item until a policy is approved by the Board. Discussion ensued and is summarized: this topic has been talked about at the PUP Committee meeting and at Town Board, it is time to make a decision as a Board and provide the Hix family with a decision; the Board has directed staff to develop a policy related to artwork donated to the Town; the policy is currently on the back burner but could be moved ahead Board of Trustees – July 23, 2013 – Page 5 in the queue; a policy is not necessary in order to make a decision; and make a decision as to whether the agreement is acceptable and move forward. Trustee Ericson said that historically first names have not been attached to public property; however, Trustee Elrod cited the Robert Dekker L&P Building as an example of a first name being included in the name of a public building. Trustee Phipps said a policy for naming such things as parks is needed. Harry Hutcherson, Town resident, and Gary Klaphake, Lafayette, Colorado resident and former Estes Park Town Administrator, spoke in favor of the renaming of Riverside Plaza based on Mr. Hix’s contributions, community service, and philanthropic activities in the community. A substitute motion was offered. It was moved and seconded (Koenig/Blackhurst) to approve renaming Riverside Plaza to George Hix Riverside Plaza and accepting the Memorandum of Understanding (MOU), and it passed. Those voting “Yes” Mayor Pro Tem Blackhurst, Trustees Ericson, Koenig, and Phipps. Those voting “No” Trustees Elrod and Norris. 2. ORDINANCE #10-13 AMENDING THE MUNICIPAL CODE RELATED TO OPEN BURNING. The Estes Valley Fire Protection District (EVFPD) is responsible for the administration and regulation of open burning within the town limits of Estes Park. In order to eliminate duplication of efforts, Ordinance #10-13 amends the Town of Estes Park Municipal Code to clarify the responsibilities of the EVFPD with regard to administration and enforcement of open burning in the Town, including fire bans. The amendment deletes repetitive references and out-of- date standards, and conforms to the International Fire Code. EVFPD does not have enforcement powers, therefore, enforcement of this ordinance is the responsibility of the Estes Park Police Department. Attorney White read Ordinance #10-13 into the record. It was moved and seconded (Norris/Koenig) to approve Ordinance #10-13, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 8:51 p.m. William C. Pinkham, Mayor Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, July 25, 2013 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT / COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 25th day of July, 2013. Committee: Chair Ericson, Trustees Elrod and Norris Attending: Chair Ericson, Trustees Elrod and Norris Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Directors Winslow and Chilcott, and Deputy Town Clerk Deats Absent: None Chair Ericson called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. COMMUNITY SERVICES DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Museum Quarterly Report – “Meet Me at the Museum” is a new program being held on the first Monday of each month. The staff-lead, casual program allows staff to explore topics of interest to them and then present them to the public. The program could be in any format ranging from an oral presentation to a hike, or bike ride. The first program was presented in July by Bryon Hoerner on the Estes Park Avenger, an airplane that was purchased during World War II with monies raised in Estes Park. Upcoming programs include a bike ride from the Museum to the Stanley Hotel and a program on the old Fall River Lodge. With the budgeting process about to begin, Dir. Fortini stated that the Museum’s greatest need is in maintenance of buildings, including getting the off-site storage facility on a routine inspection and maintenance program. He noted that some artifacts in the off-site storage are being moved back on-site to prevent the items from being damaged. Upcoming exhibits include the Sandzen in Estes Park exhibit which will begin on September 27th focusing on his influence in the Estes Park artists’ community; and an exhibit on the history of mountaineering that will open in September 2014.  Visitor Center Quarterly Report – Manager Salerno reported that visitation during June was up over last year and, to date, the numbers for July are on the increase as well. The number of telephone calls, which has been trending downward for years, is on the increase for July. She said that the number of volunteers participating as Ambassadors is down to 62, however, the decrease is due to an organizational change that removed substitute volunteers from the active roster as it is important for the volunteers to be active and stay on top of changing information. Trustee Elrod stated that the number of volunteers is of less importance than the quality of service they are providing. Mgr. Salerno said that quality of service is difficult to measure, and said the Governor’s Conference on Tourism will be held in Telluride later this year with sessions focusing on how to measure customer service. She identified recurring plumbing problems in the Visitor Center restrooms as the largest capital need at the Visitor Center and said staff is looking forward to construction of the parking structure and the opportunities it may bring to increase the organization of the parking lot. She said a shuttle stop located further from the building and an area for tour groups to Community Development / Community Services – July 25, 2013 – Page 2 meet would be beneficial. Mgr. Salerno said communication with the LMD staff is good and upgrades are being implemented to the new Visit Estes Park website.  Shuttle Report – The shuttle system’s 300,000th rider since the program started in 2006, is expected either later this month or in August of this year. Coordinator Wells said he is encouraged by the number of shuttle riders this year which continues to increase over previous years, and also with the number of trolley riders this summer. Over 90 entries have been received to date in the “Name the Trolley” contest with entries being received from all over the country. Routes for the shuttles will be altered on Saturday, August 24th during the Pro Challenge bicycle race. The Committee requested that Coordinator Wells provide the Board with a demonstration on how to utilize the “stop codes” and real-time tracking system as a report at an upcoming Town Board meeting.  Fairgrounds and Events Report – Attendance at the Rooftop Rodeo this year was 12,500, and the Rodeo drew a record number of contestants at 540. Dir. Winslow attributed the high number of contestants to hospitality, stock, and purse size. The Hunter-Jumper organization arrived at the fairgrounds with 400 horses during its first week. Numbers for the subsequent weeks are lower and staff is researching the cause, however, the numbers are expected to pick up during the last week of the event. Staff continues to work on arrangements for the Pro Challenge bicycle race. Information continues to be distributed to businesses and residents affected by the race. The Cowboy Brad sing-a-longs in Bond Park have been drawing large numbers with people enjoying the seatwalls and new design of the Park. This year’s Red, White and Cool celebration on the 3rd of July was lightly attended due to inclement weather and torrential rains. Upcoming events at the fairgrounds include: the Wild West Weekend, Hunter Jumper Show, Paint and Quarter Horse Show, Chuck Wagon Cook-Off, Draft Horse Show, and the Heritage Festival. Dir. Winslow added that the school district has inquired about the possibility of using the MPEC for the 2014 graduation ceremony. He commended Special Events staff and the work they do to provide quality programs and services to the community. Discussion and comments are summarized: live coverage of the bike race will be aired on NBC, however, the time of the broadcast is not finalized; people in 170 countries around the world will be watching the race; large screen TVs will be set up in Bond Park for viewing the race; a final update on the race will be provided to the Board at the August 13th Town Board meeting; and larger purses at the rodeo require increased stock resulting in higher costs.  Verbal Updates – o Staff Participation in Community Center Evaluation by Estes Valley Recreation and Park District (EVRPD) – Town Administrator Lancaster actively participated in EVRPD’s selection of a consulting firm for the feasibility study, and Mgr. Mitchell stays up-to-date on the process through email communications with EVRPD staff. COMMUNITY DEVELOPMENT DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Comprehensive Plan Modernization – Work on Comprehensive Plan modernization is proceeding with regular updates provided to the Planning Commission and the Town Board on a monthly basis. The public may visit www.estes.org/ComprehensivePlan to follow the process and view the draft plan. An example of the new format for the Action Plan was presented. The new format more clearly illustrates the status of recommended actions within the Plan.  Community Development Monthly Report – Dir. Chilcott reported that building permit fees and permit valuations have increased by 14% and 17% respectively over last year. She said that currently 10 building permits are pending with most requiring additional information from the applicant prior to being issued. Improvements and repairs at the Courtyard Shops property continue with the final inspections at the restaurant completed and residential units being Community Development / Community Services – July 25, 2013 – Page 3 converted to short-term rentals. A Community Assistance Visit from representatives of Federal Emergency Management Agency (FEMA) and the Colorado Water Conservation Board was requested by Chief Building Official Birchfield. The visit provided an opportunity to discuss any changes to the Town’s floodplain ordinance that may be necessary to remain compliant and up- to-date related to floodplain management. A meeting was held with the Larimer County Community Development Director to discuss the possibility of consolidating the County and Town sign codes. A comparison of the two codes will be conducted this fall and hiring an outside consultant to focus on the sign code may be considered. Dir. Chilcott said Community Development department staffing levels and software upgrades will be part of the upcoming budget discussions. She said that Larimer County, through a request for proposal (RFP) review process has selected energov as their permitting, development review, and code compliance software and said the Town may have the opportunity to partner on the system which would be a cost savings to the Town. Planner/Code Compliance Officer Kleisler said staff is working with the owners of the Estes Park Resort & Hotel to bring the property into compliance with lighting standards. Trustee Elrod emphasized the importance of equal enforcement of the Estes Valley Development Code (EVDC) and the types of allowable lighting. He also spoke to the collaborative nature of the EVDC and the importance of the involvement of, and input from, the Town Board, the Planning Commission, and the County Commissioners. He said that the Town Board and County Commissioners must be clear as to the contents of the EVDC as well as give clear direction to the Estes Valley Planning Commission. There being no further business, Chair Ericson adjourned the meeting at 9:56 a.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment July 2, 2013, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Jeff Moreau, Vice-Chair Bob McCreery, Members John Lynch, Wayne Newsom, and Pete Smith; Alternate Member Chris Christian Attending: Chair Moreau, Members Lynch, McCreery, Newsom, and Smith Also Attending: Planner Shirk, Recording Secretary Thompson Absent: None Chair Moreau called the meeting to order at 9:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. There were three people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT Approval of minutes of the June 4, 2013 meeting. It was moved and seconded (Newsom/McCreery) to approve the Consent Agenda as presented and the motion passed unanimously. 3. METES & BOUNDS PARCEL (Lot 29, unrecorded plat of Dunraven Heights) Senior Planner Shirk reviewed the staff report. He stated the property owner, William Moschel, requested a variance from Estes Valley Development Code (EVDC) Section 4.4, Table 4-5, which requires buildings and accessory structures be setback a minimum of fifty (50) feet from the property lines in the RE–Rural Estate zone district. Planner Shirk stated the lot is currently developed with a single-family dwelling located within eight feet of the rear property line. The purpose of the variance request was to allow enclosure of an existing deck that is located approximately thirty feet from the rear property line. The entire structure sits within the required 50-foot setback, and no additions or alterations could be done without a variance. The proposed deck would be enclosed with glass, but not necessarily winterized. The dwelling is not visible from Fish Creek Road. Planner Shirk stated there would not be a need for a setback certificate since the entire structure was already in the setback. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 July 2, 2013 Planner Shirk stated the request was submitted to all applicable reviewing agency staff for consideration and comment. Adjacent property owners were notified. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Staff Findings 1. This request complies with review criteria set forth in Section 3.6.C of the Estes Valley Development Code. 2. Special circumstances exist and practical difficulty may result from strict compliance with Code standards. 3. The variance is not substantial. 4. The essential character of the neighborhood would not be substantially altered, nor would adjoining properties suffer a substantial detriment. 5. The variance would not adversely affect the delivery of public services. 6. The variance represents the least deviation from the regulations that will afford relief. 7. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 8. The submitted conditions or circumstances affecting the property are not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. 9. Failure to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the BOA null and void. Planner Shirk stated staff recommended approval of the variance request, with the findings presented. Public Comment Amy Plummer/Applicant stated Planner Shirk summarized the request very well. She stated the house sits back in the trees, and was built prior to the current zoning regulations. She stated the proposed roof line would be lower than the highest point of the existing roofline. Staff and Board Discussion None. It was moved and seconded (Newsom/Lynch) to approve the variance request as presented with the findings recommended by staff and the motion passed unanimously. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 July 2, 2013 REPORTS Planner Shirk stated there were no specific reports, but he requested feedback from the Board about aerial views of properties being discussed. All Board members appreciated the aerials, and wanted to continue use of them. Planner Shirk reported on the modernization of the Estes Valley Comprehensive Plan. He stated staff are using the 1996 plan, reformatting it to be more user-friendly with today’s technology. Changes consist of updating statistics to align with current census data, providing new photographs, removing obsolete references, etc. Planner Shirk stated the Comprehensive Plan is used with challenging variance requests, as this plan was the basis for the Planning Commission and the Board of Adjustment. There was brief discussion concerning the sign code and who was addressing possible violators. Planner Shirk told the Board about new staff member, Phil Kleisler. He also stated the Community Development/Community Services (CDCS) committee received a report on possibly updating the current sign code to make it more user friendly. The committee urged the Town Board to follow-through with updating the code. At this time, no decisions have been made as to the future status of the Creative Sign Design Review Board. There being no further business, Chair Moreau adjourned the meeting at 9:16 a.m. ___________________________________ Jeff Moreau, Chair ___________________________________ Karen Thompson, Recording Secretary Setting Show Cause Hearing Town Clerk’s Office Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: August 9, 2013 RE: Consent Items 5-9 - Resolutions #14 -13 thru 18-13 Objective: Schedule Show Cause Liquor Hearings for Café de Pho Thai, Marys Lake Lodge, Famous Eastside Groceries, Rocky Mountain Pharmacy of Estes Park and National Park Village South Present Situation: The five liquor license establishments listed above failed a compliance check conducted by the Estes Park Police Department and the Colorado Liquor Enforcement Division on July 25, 2013. An employee of each of the establishments illegally sold and served alcohol to an underage person and/or did not ask for identification and sold and served the underage person alcohol. Proposal: Set Show Cause Liquor Hearing for each establishment for September 10, 2013. Once the hearing is set an Order to Show Cause and Notice of Hearing will be issued to the Licensee. During the next month the licensee will be given the opportunity to meet with staff to discuss a stipulation agreement. A stipulation agreement allows the licensee to agree to the violation as well as the number of days to be served and the number of days to be held in abeyance. This agreement would be presented to the Town Board in lieu of a Show Cause Hearing on September 10, 2013. Advantages:  Demonstrates to other liquor licensees the Town Board (Local Liquor Authority) takes liquor laws seriously by completing administrative action locally rather than through the State.  The Town can take action in a timely manner to ensure licensees are completing any violations in a reasonable timeframe. Disadvantages:  Show Cause Hearing preparations and Stipulation meetings and negotiation require significant staff time. Setting Show Cause Hearing 2 Action Recommended: Approve the Resolutions for each establishment setting the Show Cause Hearing date of September 10, 2013. Budget: None. Level of Public Interest The community supports keeping alcohol out of the hands of the youth. Sample Motion: I move to approve/deny Resolutions # 14-13 thru 18-13 setting a Show Cause Hearing for Café de Pho Thai, Marys Lake Lodge, Famous Eastside Groceries, Rocky Mountain Pharmacy of Estes Park and National Park Village South. RESOLUTION NO. 14-13 WHEREAS, a complaint by the Estes Park Police Department and the Colorado Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on August 13, 2013 charging CAFÉ DE PHO THAI INC dba CAFÉ DE PHO THAI, a TAVERN LIQUOR LICENSE, LIQUOR LICENSE NO. 42-92577-0000 with certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violation(s) presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601, C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place at the Town Board meeting scheduled Tuesday, September 10, 2013 at 7:00 p.m. in the Board Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: CAFÉ DE PHO THAI INC. D/B/A CAFÉ DE PHO THAI 225 W. RIVERSIDE DRIVE P. O. BOX 2345 ESTES PARK, COLORADO 80517 INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk RESOLUTION NO. 15-13 WHEREAS, a complaint by the Estes Park Police Department and the Colorado Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on August 13, 2013 charging EP RESORTS INC. dba MARYS LAKE LODGE, a TAVERN LIQUOR LICENSE, LIQUOR LICENSE NO. 47-00832-0000 with certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violation(s) presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601, C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place at the Town Board meeting scheduled Tuesday, September 10, 2013 at 7:00 p.m. in the Board Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: EP RESORTS INC. D/B/A MARYS LAKE LODGE UNIT 1 2625 MARYS LAKE ROAD ESTES PARK, COLORADO 80517 INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk RESOLUTION NO. 16-13 WHEREAS, a complaint by the Estes Park Police Department and the Colorado Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on August 13, 2013 charging EVEREST KITCHEN LLC dba FAMOUS EASTSIDE GROCERIES, a 3.2% BEER OFF PREMISES LIQUOR LICENSE, LIQUOR LICENSE NO. 46-00058-0000 with certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violation(s) presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601, C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place at the Town Board meeting scheduled Tuesday, September 10, 2013 at 7:00 p.m. in the Board Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: EVEREST KITCHEN LLC D/B/A FAMOUS EASTSIDE GROCERIES 381 S. ST. VRAIN AVENUE ESTES PARK, COLORADO 80517 INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk RESOLUTION NO. 17-13 WHEREAS, a complaint by the Estes Park Police Department and the Colorado Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on August 13, 2013 charging ROCKY MOUNTAIN PHARMACY OF ESTES PARK INC. dba ROCKY MOUNTAIN PHARMACY OF ESTES PARK, a LIQUOR LICENSED DRUGSTORE LIQUOR LICENSE, LIQUOR LICENSE NO. 10-80000-0000 with certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violation(s) presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601, C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place at the Town Board meeting scheduled Tuesday, September 10, 2013 at 7:00 p.m. in the Board Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: ROCKY MOUNTAIN PHARMACY OF ESTES PARK INC. D/B/A ROCKY MOUNTAIN PHARMACY OF ESTES PARK 453 E. WONDERVIEW AVENUE #1 ESTES PARK, COLORADO 80517 INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk RESOLUTION NO. 18-13 WHEREAS, a complaint by the Estes Park Police Department and the Colorado Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on August 13, 2013 charging DEER RIDGE INC. dba NATIONAL PARK VILLAGE SOUTH, a 3.2% BEER OFF PREMISES LIQUOR LICENSE, LIQUOR LICENSE NO. 03- 02531-0003 with certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violation(s) presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601, C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place at the Town Board meeting scheduled Tuesday, September 10, 2013 at 7:00 p.m. in the Board Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: DEER RIDGE INC. D/B/A NATIONAL PARK VILLAGE SOUTH 900 MORAINE AVENUE ESTES PARK, COLORADO 80517 INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Setting Show Cause Hearing Town Clerk’s Office Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: August 9, 2013 RE: Consent Items 10 -11- Resolutions #19-13 & 20-13 Objective: Schedule Show Cause Liquor Hearings for Safeway Store No. 920 and Chippers Lanes Estes Park Center. Present Situation: The two liquor license establishments listed above failed a compliance check conducted by the Estes Park Police Department and the Colorado Liquor Enforcement Division on July 25, 2013. An employee of each of the establishments illegally sold and served alcohol to an underage person and/or did not ask for identification and sold and served the underage person alcohol. Proposal: Set Show Cause Liquor Hearing for each establishment for August 27, 2013. Once the hearing is set an Order to Show Cause and Notice of Hearing will be issued to the Licensee. The violations are the second offense for both locations and will be coming forward to a hearing without consideration of a Stipulation Agreement. Advantages:  Demonstrates to other liquor licensees the Town Board (Local Liquor Authority) takes liquor laws seriously by completing administrative action locally rather than through the State.  The Town can take action in a timely manner to ensure licensees are completing any violations in a reasonable timeframe. Disadvantages:  Show Cause Hearing preparations require staff time and the cost of hiring an outside third party representative to act as the prosecutor. Action Recommended: Approve the Resolutions for each establishment setting the Show Cause Hearing date of August 27, 2013. Budget: None. Setting Show Cause Hearing 2 Level of Public Interest The community supports keeping alcohol out of the hands of the youth. Sample Motion: I move to approve/deny Resolutions # 19-13 & 20-13 setting a Show Cause Hearing for Safeway Store No. 920 and Chippers Lanes Estes Park Center. RESOLUTION NO. 19-13 WHEREAS, a complaint by the Estes Park Police Department and the Colorado Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on August 13, 2013 charging SAFEWAY STORES 46 INC. dba SAFEWAY STORE NO. 920, a 3.2% BEER OFF PREMISES LIQUOR LICENSE, LIQUOR LICENSE NO. 21- 70664-0038 certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violation(s) presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601, C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place at the Town Board meeting scheduled Tuesday, August 27, 2013 at 7:00 p.m. in the Board Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: SAFEWAY STORES 46 INC. D/B/A SAFEWAY STORE NO. 920 451 E. WONDERVIEW AVENUE P.O. BOX 5927 T.A. DENVER, COLORADO 80217 INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk RESOLUTION NO. 20-13 WHEREAS, a complaint by the Estes Park Police Department and the Colorado Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on August 13, 2013 charging BOWL FORT COLLINS LLC. dba CHIPPERS LANES ESTES PARK CENTER, a TAVERN LIQUOR LICENSE, LIQUOR LICENSE NO. 41-58976-0004 certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violation(s) presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601, C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place at the Town Board meeting scheduled Tuesday, August 27, 2013 at 7:00 p.m. in the Board Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: BOWL FORT COLLINS LLC D/B/A CHIPPERS LANES ESTES PARK CENTER 555 S. ST. VRAIN AVENUE 217 W. HORSETOOTH ROAD FORT COLLINS, COLORADO 80525 INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Town Attorney Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: August 7, 2013 RE: Consent Item 12 - Resolution #21 -13 Objective: The Town of Estes Park is the local liquor licensing authority for violations of the State Liquor Code. It is necessary to use a special prosecutor to represent the Town Police Department and/or State Liquor Enforcement Division case for liquor license violations to the Board of Trustees acting as the local liquor licensing authority. Resolution # 21- 13 appoints Jerry Roselle, attorney in Fort Collins, Colorado, as special prosecutor for the purpose of presenting liquor license violations involving the Town of Estes Park Police Department and/or the Liquor Enforcement Division of the Colorado Department of Revenue before the Town Board of Trustees. Present Situation: Seven liquor license establishments have failed a compliance check conducted by the Estes Park Police Department and the Colorado Liquor Enforcement Division on July 25, 2013. The Town Clerk is scheduling Show Cause Liquor Hearings for these liquor establishments. It is anticipated that at least two of these establishments, namely Safeway Store No. 920 and Chipper Lanes Estes Park Center, will not be eligible for a Stipulation Agreement through the Town Clerk’s Office. Proposal: Adoption of Resolution # 21-13 will appoint Jerry Roselle as special prosecutor to represent the Estes Park Police Department and/or the Liquor Enforcement Division of the Colorado Department of Revenue before the Town Board at Show Cause Hearings. Advantages:  Mr. Roselle has represented the Town of Estes Park Police Department in previous Show Cause Hearings before the Town Board.  Mr. Roselle is experienced in this type of legal representation.  Appointment of a special prosecutor is necessary to allow the Town Attorney to represent the Board of Trustees in a Show Cause Hearing.  Appointment of a special prosecutor for these Show Cause Hearings will facilitate the accurate and responsible presentation of appropriate evidence to the Board of Trustees in any Show Cause Hearing.  The Resolution appoints Mr. Roselle until either terminated by action of the Board of Trustees or May 1, 2014. This allows Staff to retain Mr. Roselle for future Show Cause Hearings without the necessity of Board action. Disadvantages:  Engagement of the special prosecutor will result in increased costs to the Town for Show Cause Hearings. Action Recommended: Approve Resolution # 21-13 for the appointment of Jerry Roselle as special prosecutor for liquor license Show Cause Hearings. Budget: The administrative budget of the Town of Estes Park may be affected by fees charged by Mr. Roselle for these matters. Level of Public Interest: - N/A Sample Motion: I move to approve/deny Resolution #21 -13 appointing Mr. Roselle as special prosecutor for Show Cause Hearings before the Board of Trustees of the Town of Estes Park.  1 RESOLUTION NO. 21-13 A RESOLUTION APPOINTING JERRY ROSELLE, ASSPECIAL PROSECUTOR FOR LIQUOR LICENSE HEARINGS WHEREAS, the Town of Estes Park Board of Trustees is the local licensing authority for liquor licensing matters within the Town of Estes Park; and WHEREAS, there is a need to appoint a special prosecutor to prosecute liquor license violations on behalf of the Town of Estes Park Police Department and the Liquor Enforcement Division of the Colorado Department of Revenue before the Board of Trustees; and WHEREAS, Jerry Roselle, an attorney licensed and practicing law in the State of Colorado with the firm Roselle and Breitigam, PC of Fort Collins, Colorado, has the requisite qualifications to perform these services for the Town. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. Jerry Roselle is hereby appointed as special prosecutor for the purpose of prosecuting liquor license violations within the Town of Estes Park. 2. The Town Staff is hereby authorized to determine which matter shall be referred to Mr. Roselle for his services . 3. This Resolution shall stay in force and effect until terminated by action of the Board of Trustees or May 1, 2014, whichever first occurs. Dated this _____day of _____________, 2013 Mayor ATTEST: Town Clerk Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Wes Kufeld, Chief of Police Date: August 13, 2013 RE: Park R-3 School District School Resource Officer Agreement 2013/2014 Objective: The Police Department has provided School Resource Officer (SRO) services to the Park School District R-3 since 2005. In 2009, the School District partially funded the position in the amount of $20,000. In 2010, the School District was unable to fund the position but still requested School Resource Officer Services. At that time we waived the fee and absorbed the cost but provided limited operation of the School Resource Officer to 3 days a week. Present Situation: Currently, the School District is in a position to begin funding the School Resource Officer position at $20,000 for the school year and just recently we received payment for the 2012/2013 school year. Proposal: The Memo of Understanding has been modified to reflect the services for the 2013/2014 school year. The hours of operation resume for the SRO to five days per week. This schedule could be affected due to staffing levels at any point. Advantages: The Estes Park Police Department continues to enhance the partnership created with the school district and the School Resource Officer provides security and education to students and staff. Disadvantages: N/A Action Recommended: Staff recommends continuing the agreement for the School Resource Officer. Budget: $20,000 revenue will offset the cost of the School Resource Officer. Level of Public Interest: This is of great concern to the public to keep their students and staff safe. POLICE DEPARTMENT Memo Page 2 Motion: I move to approve the Park R-3 School District School Resource Officer Agreement for 2013/2014. PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: August 13, 2013 RE: Multi-Purpose Event Center & Stall Barn Construction Update Objective: To update the Town Board and public on the progress of the MPEC & Stall Barn Project at the Stanley Fairgrounds. Present Situation: Last week, the final elements of the structural steel for the stall barn were placed in a topping out ceremony. In addition, the Town Board took the first project site tour since the ribbon cutting eight weeks ago and observed the significant changes that have taken place. This week the project will proceed with installation of exterior panels to begin closing in the stall barn. The MPEC foundations are more than halfway completed and the structural steel for the project has arrived onsite. Overall, the project is going well and is currently within schedule and within budget. Budget: Community Reinvestment Fund $5,682,050.00 Level of Public Interest This project has a very high level of public interest. PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: August 13, 2013 RE: Visitor Center Transit Facility Parking Structure Planning Process Objective: To identify an inclusive and open process of the Visitor Center Transit Facility Parking Structure project development and process of location and extent review. Present Situation: This is an important Town project involving many approving agencies and stakeholders. Ideally the project will be utilized for public use as quickly as possible in 2014. The project success is largely dependent upon input from all interested parties and quick approvals early on in the design development. Proposal: Staff proposes an inclusive process of project development which is very open to public input. This process will give the Town Board immediate information for decision making and a fast-track approval process to bring the project into use as soon as possible. Advantages: Advantages include a very public process generating early opinion of designs from public and stakeholders which will provide information to guide design development. Restructuring of the Planning Commission and Town Board approval meetings will accelerate the project’s schedule and make the project available for use by the public sooner. Disadvantages: Disadvantages include less time for reflection and evaluations of decisions regarding the development of the design. This new process may generate unforeseen obstacles and may prove difficult to manage numerous opinions in a short period of time. Action Recommended: N/A Budget: N/A Level of Public Interest Very high interest from Local, State and Federal levels Sample Motion: N/A Public ProcessPreliminary DesignFinal Construction DocumentsConstructionSchematic Design ApprovalPlanning Commission ApprovalBid OpeningVisitor Center Transit Facility Parking Structure Planning Process PUBLIC PROCESSDAY 1Attendees include stakeholders, Planning Commission, Town Board, design team, public.•Determination of building use, physical constraints, possible configurations.•Public will be invited to watch the process, but no public comment.DAY 2Attendees include stakeholders, Planning Commission, Town Board, design team, public.•Public and stakeholders will be invited to comment on schematics during the morning session.•Mid‐day selection of options/alternatives.•Formal public comment will be received by the end of the day.DAY 3Attendees include stakeholders, Planning Commission, Town Board, design team, public.•Consultant will help narrow down schematics to one option, provide schematic, elevations and floor plans.•Evening meeting: •Planning Commission will provide formal opinion on schematic to the Town Board.•Town Board will provide an opinion on schematic design and give direction to staff and consultant on moving forward with preliminary design. Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Director Date: August 13, 2013 RE: Estes Valley Planning Commission Appointment Objective: Appoint a new Commissioner to the Estes Valley Planning Commission. Present Situation: The Estes Valley Planning Commission is a joint Town/County commission that reviews land use applications within the Estes Valley and is responsible for comprehensive planning. The commission consists of seven volunteer appointed members. One position is open. Staff posted the position in the Estes Park Trail-Gazette and received three applications. An interview team consisting of Trustee Elrod, Planning Commission Chair Hull, and Community Development Director Chilcott interviewed the applicants. Proposal: The team recommends appointing: Charley Dickey for a term expiring December 31, 2016. If appointed, Charley Dickey will complete John Tucker’s term. Charley moved to Estes Park in 2009 from Cheyenne, Wyoming after spending three years in Texas as a developer-builder. Charley is actively involved in the community. He is a local business owner and has served on the Creative Sign Design Review Board, Transportation Visioning Committee, Partners for Commerce Board, and the Economic Development Task Force. Charley has also participated in the Citizen’s Information Academy and Citizen’s Policy Academy. Advantages: The position is filled. Charley Dickey’s experience brings additional diversity to the make-up of the Planning Commission. He is committed to, and involved in the community. Disadvantages: If the appointment is not made, the position will remain vacant for another month or two while the position is re-advertised and applicants are interviewed. Community Development Memo Page 2 Action Recommended: Appoint Charley Dickey to the Estes Valley Planning Commission for a term expiring December 31, 2016. Budget: N/A Level of Public Interest: Three applications for the position were received. Charley Dickey’s application was accompanied with letters of support/recommendation from Elizabeth Fogarty and Jim Pickering. Sample Motion: I move to appoint (or not appoint) Charley to the Estes Valley Planning Commission for a term expiring December 31, 2016. MAYOR Memo To: Board of Trustees From: Mayor Pinkham Date: August 13, 2013 RE: LMD Interview Committee, Estes Park Economic Development Corporation, Northern Colorado Economic Development Corporation and Community Services Grant Review Committee Objective: To appointment specific Trustees and staff to the LMD interview Committee, Estes Park Economic Development Corporation, and Board Community Grant Review Committee. Present Situation: Board policy states that the full board of Trustees approve the designation of any trustee or other designee serving on the behalf of the Board on any outside committee or board interview committee. Currently we need to appoint a committee to fill a vacancy on the Local Marketing District Board, fill our positions on the newly formed Estes Park Economic Development Corporation, and to serve as the review committee for the 2014 town community services grant committee. In 2013 the Town invested in the Northern Colorado Economic Development Corporation which represents the entire Larimer County area for economic development issues. This is a small financial investment, but provides us with a voice on a regional basis and will be a valuable link to our local economic development efforts. Several other Larimer County communities have an ex-officio representative on the NCEDC Board of Directors and they have invited the Town of Estes Park to have ex-officio representation on their board as well. Proposal (including budget if applicable): LMD interview Committee: Trustee Phipps and Trustee Elrod and Town Administrator Lancaster Estes Park Economic Development Corporation: Mayor Pinkham and Town Administrator Lancaster Community Services Grant Committee: Trustee Ericson, Trustee Koenig, and Asst. Town Administrator Richardson Northern Colorado Economic Development Corporation: Town Administrator Lancaster Advantages:  This will allow these committees to proceed with their tasks Disadvantages:  none Requested Action and Sample Motions: I move to appoint Trustee Elrod and Trustee Phipps and Town Administrator Lancaster to the LMD interview committee. I move to appoint Town Administrator Lancaster and Mayor Pinkham to represent the Town on the Estes Park Economic Development Corporation. I move to appoint Trustee Koenig, Trustee Ericson and Asst. Town Administrator Richardson to the Community Services Grant Review Committee. I move to appoint Town Administrator Frank Lancaster as the Town’s ex-officio representative to the Northern Colorado Economic Development Corporation. Level of Public Interest  low Town Attorney Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: August 7, 2013 RE: Action Items 3 and 4 - Ordinance #11-13 and Ordinance #12-13 Objective: In November 2012, Colorado’s voters passed Amendment 64 that legalizes the personal possession, use, and limited home-growing of marijuana by adults 21 years of age and older, and authorizes the operation of marijuana establishments which include marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores. Amendment 64 authorizes local governments to prohibit the operation of marijuana establishments by adoption of an ordinance. Ordinance #11-13 adds Chapter 9.48 to the Municipal code which prohibits the operation of marijuana establishments, including private marijuana clubs. Ordinance #12-13 amends Chapter 9.28 of the Municipal Code to address the provisions of Amendment 64 which prohibit the enforcement of any municipal ordinance which prohibits the possession, use and display of one ounce or less of marijuana by a person over 21 years subject to certain restrictions as set forth in the Ordinance. Present Situation: The Town has not adopted an Ordinance prohibiting marijuana establishments within the Town boundaries and has not amended its Municipal Code to reflect the prohibition of certain municipal ordinances with regard to use and possession of marijuana by persons 21 years and older. The Town Board has until October 1, 2013, to adopt an Ordinance if it wishes to prohibit marijuana establishments within the Town. Proposal: Ordinance #11-13 adds a new Chapter 9.48 to the Municipal Code prohibiting marijuana establishments as defined in Article XVIII Section 16 of the Colorado Constitution and bans private marijuana clubs. Ordinance #12-13 amends Section 9.28 to reflect the provisions of Article XVIII Section 16 of the Colorado Constitution on the use of marijuana by adults and possession of marijuana accessories. Advantages:  Adoption of the ordinances brings the Town into compliance with the requirements of Article XVIII Section 16 of the Colorado Constitution.  Adoption of the ordinances provides the Estes Park Police Department with the authority to enforce certain limitations on marijuana use within the Town. Disadvantages:  There is a possibility that prohibiting marijuana establishments within the Town will lead to loss of sales tax and licensing revenue to the Town. Action Recommended: The Staff recommends adoption of Ordinance #11-13 and Ordinance #12-13. Budget: N/A Level of Public Interest: To date there has been no comment in public meetings of the Town Board with regard to any issues with regard to the prohibition of marijuana establishments and amending of the Municipal Code to reflect the applicable provisions of Article XVIII Section 16 of the Colorado Constitution. Sample Motion: I move to approve/deny Ordinance #11-13 Prohibiting Marijuana Centers, Optional Premises Cultivation Operations and Marijuana Infused Products Manufacturing. I move to approve/deny Ordinance #12-13 Amending Municipal Code Chapter 9.28 Drug Paraphernalia. Chris Daubin <cdaubin1@gmail.com>  9:10 PM (14 hours ago)    I support the adoption of Ordinance # 11‐13 and 12‐13. Both are well written, and comprehensive  without overreaching into civil liberties. A look at the visitors on Elkhorn shows Estes Park is a family  vacation destination, not an adult entertainment city like Las Vegas.  Public consumption, retail sale, and  cultivation of hallucinogenic drugs isn't in the best interest of the town. I'd bet there will be no loss in  tax revenue if passed. These Ordinances may increase tax revenue because families will have a respite  from the rest of the state as far as marijuana is concerned.  Thank you for the opportunity to comment.     Sincerely,  Chris Daubin  1341 Glacier View Lane    Erin Curran <digierin@gmail.com>  11:09 AM (21 minutes ago)  To the Town Meeting Boards and attendees:       I am curious about how you have come to the decision to prohibit cannabis establishments in town.  All I read about is the assumption that this is necessary for the preservation of the health, safety and  welfare of the Town and its citizens. Yet the prohibition, which was only establish since 1937 AFTER the  marijuana federal tax law came into place and after 5,000 years of use, has done more harm than good.  You have been led to believe that marijuana/cannabis is dangerous and addictive drug that has  destroyed the lives of millions of teens and adults and I feel the reason for prohibition in Estes Park are  not based on facts.       The health issue, cannabis does less harm, or no harm at all, than the seven liquor licenses that you  are approving. Marijuana is safer, why are we driving people to drink? The American Scientist states that  alcohol is among the most toxic recreational drugs, requiring just 10 times its typical effective dose to  cause death, cannabis is among the lest toxic recreational drugs, requiring more than 1,000 times the  effective dose to cause death. Gable, R. "The Toxicity of Recreational Drugs: Alcohol is more lethal than  many other commonly abused substances", The American Scientist, the Magazine of Sigma XI, the  Scientific Research Society, May‐June 2006.   Even the U.S. Centers for Disease Control and Prevention has concluded that marijuana is safer.  http://archive.saferchoice.org/content/view/24/53/  'The U.S. Centers for Disease Control and Prevention (CDC) reports that more than 37,000 annual U.S.  deaths, including more than 1,400 in Colorado, are attributed to alcohol use alone. The official  publication of the Scientific Research Society, American Scientist, reported that alcohol is one of the  most toxic drugs and using just 10 times what one would use to get the desired effect could lead to  death. Marijuana is one of – if not the – least toxic drugs, requiring thousands of times the dose one  would use to get the desired effect to lead to death. This “thousands of times” is actually theoretical,  since there has never been a case of an individual dying from a marijuana overdose.  Health‐related costs for alcohol consumers are eight times greater than those for marijuana consumers,  according to an assessment recently published in the British Columbia Mental Health and Addictions  Journal. More specifically, the annual cost of alcohol consumption is $165 per user, compared to just  $20 per user for marijuana. This should not come as a surprise given the vast amount of research that  shows alcohol poses far more – and more significant – health problems than marijuana.  Alcohol use is associated with a wide variety of cancers, including cancers of the esophagus, stomach,  colon, lungs, pancreas, liver and prostate. Marijuana use has not been conclusively associated with any  form of cancer. In fact, one study recently contradicted the long‐time government claim that marijuana  use is associated with head and neck cancers. It found that marijuana use actually reduced the  likelihood of head and neck cancers. If you are concerned about marijuana being associated with lung  cancer, you may be interested in the results of the largest case‐controlled study ever conducted to  investigate the respiratory effects of marijuana smoking and cigarette smoking. Released in 2006, the  study, conducted by Dr. Donald Tashkin at the University of California at Los Angeles, found that  marijuana smoking was not associated with an increased risk of developing lung cancer. Surprisingly, the  researchers found that people who smoked marijuana actually had lower incidences of cancer  compared to non‐users of the drug.  journal Alcoholism: Clinical & Experimental Research, found that 36 percent of hospitalized assaults and  21 percent of all injuries are attributable to alcohol use by the injured person. Meanwhile, the American  Journal of Emergency Medicine reported that lifetime use of marijuana is rarely associated with  emergency room visits.  Alcohol is clearly the drug with the most evidence to support a direct intoxication‐violence relationship,"  whereas "cannabis reduces the likelihood of violence during intoxication."  You state you worry about the safety and welfare of the people of Estes, yet the liquor stores that are  allowed in town, along with bars, that our very children are more than welcome to go into, does more  harm than a cannabis business. Cannabis business checks the identifications of its customers to make  sure they are of age, the drug dealers do not. If you are to think that the children of Estes Park are not  using drugs or are not able to buy drugs on the street than you are highly mistaken. In case you are  unaware, but all the kids have to do is go across the street of the elementary school to buy their drugs.  Having a cannabis business will drive the black market and drug dealers out of town. Drug dealers do not  ID our children. Cannabis business can put their tax dollars into supporting our town and schools and  charities.   The safety? Those residents that are users of cannabis has to drive in all kinds of weather over a  mountain or two to buy cannabis, that is not always safe especially in the winter. Even Law Enforcement  Against Prohibition agrees that prohibiting marijuana only causes more harm than good to families.   http://www.leap.cc/about/why‐legalize‐drugs/#    We believe that by eliminating prohibition of all drugs for adults and establishing appropriate regulation  and standards for distribution and use, law enforcement could focus  more on crimes of violence, such  as rape, aggravated assault, child abuse and murder, making our communities much safer. We believe  that sending parents to prison for non‐violent personal drug use destroys families. We believe that in a  regulated and controlled environment, drugs will be safer for adult use and less accessible to our  children. And we believe that by placing drug abuse in the hands of medical professionals instead of the  criminal justice system, we will reduce rates of addiction and overdose deaths.  Enforcing marijuana prohibition costs taxpayers an estimated $10 billion annually and results in the  arrest of more than 750,000 individuals per year ‐‐ far more than the total number of arrestees for all  violent crimes combined, including murder, rape, robbery and aggravated assault.  We need to share the truth about the cannabis plant instead of placing fears based on lies and allow  what the people know and the science that has been proven, cannabis is safer. Guidelines can be set but  do not base the ban of the cannabis business based on non facts.   As a chapter leader for Estes Park Moms for Marijuana, we are bound to share the truth and show facts  about cannabis with the community and world. Moms for Marijuana is an international organization  that has made headline news, people are opening their minds to learn the truth.      Erin Curran  Chapter leader of Estes Park Moms for Marijuana  Ken Hendren <nwhrmnyldg@hotmail.com>  Aug 10 (5 days ago)  Town Clerk of Estes Park, CO and Town Board,   I am a homeowner in Estes Park and I am writing to register my extreme opposition to retail marijuana  establishments and medical marijuana dispensaries being allowed to operate in Estes Park. First and  foremost, Estes Park is a tourist town that caters to families. These families come to Estes Park to enjoy  a fresh environment that is welcoming to all both old and young. This environment is represented in the  cookie and candy and ice cream and t‐shirt and clothing and outdoor and book shops and restaurants  that line Elkhorn Avenue. Imagine the possibility of one of these marijuana establishments inserting  itself among these businesses, and imagine the impact on tourists from other states and other countries  where these establishments are not allowed. Estes Park is currently in a unique position in that no  dispensaries are currently operating here and the town is much the better for it. If the floodgates open  there will be no way to turn back.   While I empathize with those few who may have an established need for medical marijuana it is clear  that they have many options. There are dispensaries currently operating in Loveland, Longmont, Fort  Collins, Boulder and Lyons. Estes Park is a small town and everyone who lives here has had to head  down the hill for one thing or another at some point, and marijuana should be no different. We live in a  small town for a reason. If we didn't acknowledge and accept the trade‐offs of small town living then  we'd be in a city or suburb somewhere where every whim could be addressed within a radius of a few  miles. Estes Park is special. It's not like everywhere else and it doesn't need to try to be by allowing  these businesses into our town. We need to preserve what makes us what we are and what keeps  people coming back, because people coming back is the life blood of our town. The day we become like  every place else is the day that our lives as residents of Estes Park change forever. Please consider my  comments and do not allow retail marijuana establishments and medical marijuana dispensaries to  operate in Estes Park.   Most sincerely,     Ken Hendren  1351 Riverside Lane  P.O. Box 2960  Estes Park, CO  80517  720‐323‐3007  Statement in Support of ORDINANCE #11-13 PROHIBITING MARIJUANA ESTABLISHMENTS – TESTING FACILITIES, PRODUCTION FACILITIES, RETAIL STORES & PRIVATE MARIJUANA CLUBS. By Neil H. Woodley 250 Cherokee Court Estes Park CO 80517 As residents of the Town of Estes Park for 11 years, my wife, Sue, and I thank the Board for the opportunity to support the prohibition of marijuana establishments from our town. We believe that a full consideration of the negative impacts such establishments would have on the community can only lead to a conclusion in support of the ordinance 11-13 under consideration. Here are the effects of smoking marijuana as reported by Dr Edward R. Bloomquist, Dept of Anesthesiology, Los Angeles County General Hospital1: “Shortly after inhaling the smoke the user notices a feeling of ‘inner joy’ that is out of proportion to the apparent motivation. This is described as being "high." If the user is alone he may "trip off" and be quiet and drowsy or he may sit and watch the passing parade of technicolor illusions which occur as toxicity increases. In company he may be talkative and hilarious. His awareness, touch and perception are considerably altered, particularly as they relate to time and space. Coordination is altered, although the user may fail to recognize this and complex intellectual capacities are impaired, particularly those which govern speed and accuracy. The individual's basic personality is not appreciably changed but his behavioral reactions may be modified. Self-confidence, often unwarranted, is one of the usual reactions. The user loses his inhibitions in varying degrees. During this early period he may feel relaxed and at ease. If a negative influence is insinuated, however, he may become anxious, slightly paranoid and apprehensive. This experience is known as a ‘bring down,’ a ‘downer,’ or a ‘bummer.’ As he continues going up (or down) his judgment and memory are impaired. He becomes easily irritated and may, if the dose is high enough, become confused, disoriented, afraid and filled with a foreboding he may die. Behavior is impulsive and mood reactions are variable. Not infrequently the user experiences phantasmagoria-the sensation that figures are rushing toward him at tremendous speed, increasing in size as they approach. Conversely, they may depart from him, decreasing in size. As one user described this, ‘It's like a zoom lens on a TV camera.’ With increasing doses, hallucinations may appear. If they are pleasant the user ‘trips’ on them and remains high. If they are unpleasant he may become so upset and afraid that if the proper ingredients for the experience are present, a true though usually transient psychiatric reaction may develop. The total effects of a marijuana ‘trip’ last from three to five hours, 1 Bloomquist, Edward R., M.D., “Marijuana – Social Benefit or Social Detriment?” CALIFORNIA MEDICINE, pp 345-353, Vol. 106, Issue 5, May 1967. after which the user feels slight lethargy and hunger. Experience will vary, however, since marijuana is an unpredictable drug which is usually employed by unpredictable persons.” Insofar as known medical benefits are concerned, Dr Bloomquist further states: “Neither Cannabis nor its active principles are currently considered to have valid clinical application despite the fact that in many countries the drug has been considered at one time or another as a cure for almost all illnesses.” Noteably there are no members of the Estes Park medical or critical care community speaking out in support of such establishments. Nor is there any support from our law enforcement personnel. The right answer by the Town Board to the altered human behavior I have described, and when considering that such individuals under the influence of a hallucinogenic drug have access to legally registered automobiles and firearms, is not to ban the automobiles and firearms. Rather, as is the goal of Ordinance 11-13, it is to restrict access to the mind-altering drug. Thank you for your time. 1 ORDINANCE NO. 11-13 AN ORDINANCE OF THE TOWN OF ESTES PARK ADDING CHAPTER 9.48 TO THE ESTES PARK MUNICIPAL CODE WHICH PROHIBITS THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, RETAIL MARIJUANA STORES, AND PRIVATE MARIJUANA CLUBS. WHEREAS, Colorado voters approved an amendment to the Colorado Constitution known as Amendment No. 64 and codified as Article XVIII, Section 16, which allows in part for the retail sale and cultivation of marijuana in the State of Colorado; and WHEREAS, Article XVIII, Section 16 of the Colorado Constitution authorizes the Town of Estes Park, to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores through the enactment of an ordinance; and WHEREAS, the establishment and operation of private marijuana clubs, although superficially “private”, involves the consumption of marijuana by assemblies of persons which by its very nature diminishes its character as non-public activity; and WHEREAS, to the extent a private marijuana club involves activity that generates profit or pecuniary gain to its members or management, the private marijuana club is an unregulated class of business enterprise; and WHEREAS, the establishment of private marijuana clubs presents a situation where the use of marijuana by an assembly of persons could take place in commercial and industrial structures within the Town, but not be subject to the land use and police power regulations of the Town; and WHEREAS, the Board of Trustees has carefully considered the provisions of Article XVIII, Section 16 of the Colorado Constitution, and the impact of the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores and private marijuana clubs on the health, safety and welfare of the Town and its inhabitants, as well as the possible financial impacts on the Town; and the Board of Trustees has determined that such marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores should not be located within the corporate limits. 2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. Chapter 9.48 of the Municipal Code shall be added as follows: Marijuana Enterprises Section 9.48.010 Uses prohibited. It shall be unlawful for any person to operate, cause to operate or permit to be operated, any marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores within the Town of Estes Park; and all such uses are hereby prohibited in any location within the Town, or within any area hereinafter annexed to the Town. Section 9.48.020 Definitions. For the purpose of this Chapter the following terms shall have the following meanings: (1) “Marijuana” shall have the same meaning as set forth in Section 16 (2)(f) of Article XVIII of the Colorado Constitution. (2) “Marijuana Cultivation Facility” shall have the same meaning as set forth in Section 16 (2)(h) of Article XVIII of the Colorado Constitution. (3) “Marijuana Product Manufacturing Facility” shall have the same meaning as set forth in Section 16 (2)(j) of Article XVIII of the Colorado Constitution. (4) “Marijuana Testing Facility” shall have the same meaning as set forth in Section 16 (2)(l) of Article XVIII of the Colorado Constitution. (5) “Retail Marijuana Store” shall have the same meaning as set forth in Section 16 (2)(n) of Article XVIII of the Colorado Constitution. Section 9.48.030 Private marijuana clubs prohibited. (a) It shall be unlawful for any person or association of persons to operate any private marijuana club, which shall, for purposes of this Section, be defined as follows: The consumption of marijuana by persons assembled within a commercial or industrial structure, where such consumption is permitted, encouraged, promoted, enabled or condoned by persons 3 assembled therein, whether such consumption is the primary intended purpose or an intended purpose incidental to other reasons for assembly therein. Section 9.48.040 Separate offense. Each and every day a violation of the provisions of this Chapter is committed, exists or continues shall be deemed a separate and distinct offense. Section 9.48.050 Town civil remedies. The establishment, operation and continuation of any activity in violation of the terms of this Chapter is specifically determined to constitute a public nuisance, may be abated by the Town as a nuisance and may be enjoined by the Town in an action brought in a court of competent jurisdiction in the county in which such activity occurs. The remedies set forth in this Section shall not be exclusive, shall be cumulative and shall be in addition to any other remedy available at law or in equity. 2. 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 Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2013 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 2013. Town Clerk 1 ORDINANCE NO. 12-13 AN ORDINANCE OF THE TOWN OF ESTES PARK AMENDING CHAPTER 9.28 TO THE ESTES PARK MUNICIPAL CODE WITH REGARD TO MARIJUANA POSSESSION OR USE AND MARIJUANA PARAPHERNALIA IN ACCORDANCE WITH ARTICLE XVIII, SECTION 16 OF THE COLORADO CONSTITUTION. WHEREAS, Colorado voters approved an amendment to the Colorado Constitution known as Amendment No. 64 codified as Article XVIII, Section 16 of the Colorado Constitution; and WHEREAS, Article XVIII, Section 16 of the Colorado Constitution permits adults over the age of 21 years to use, possess and cultivate limited amounts of marijuana pursuant to the restrictions contained therein; and WHEREAS, pursuant to Article XVIII, Section 16 of the Colorado Constitution drug paraphernalia does not include any marijuana accessories as defined in said section if possessed or used by a person age 21 years or older; and WHEREAS, the Board of Trustees finds and determines it necessary to amend Chapter 9.28 of the Municipal Code relating to possession and use of marijuana and drug paraphernalia. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. Chapter 9.28 of the Municipal Code shall be amended to read as follows: Section 9.28.020 (2) shall be amended by the addition of the following sentence. Drug paraphernalia shall not include marijuana accessories as defined in Article XVIII, Section 16 (2)(g) of the Colorado Constitution if possessed or used by a person age 21 years or older. Section 9.28.100 Possession or use of marijuana shall be amended to read as follows: (a) Marijuana shall have the same meaning as defined in Article XVIII, Section 16 (2)(f) of the Colorado Constitution. (b) It is unlawful for any person under the age of twenty-one (21) years to possess less than one (1) ounce of marijuana. 2 (c) It is unlawful for any person twenty-one years or older to possess more than one (1) ounce of marijuana (d) It is unlawful for any person over the age of 21 years to openly and publicly display, consume or use not more than one (1) ounce of marijuana. (e) As used in this Section, “openly and publicly” means a place open to the general public which includes a place to which the public or substantial members of the public have access without restriction including, but not limited to, streets, highways, public sidewalks, parking lots, transportation facilities, places of amusement, parks, playgrounds, Town owned open space, common open space owned by homeowners associations, common areas of public buildings and facilities and commercial and industrial buildings and facilities that are open or accessible to members of the general public. 2. 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 Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2013 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 2013. Town Clerk PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Kevin Ash, PE, Public Works Civil Engineer Date: August 13, 2013 RE: Multi-Purpose Event Center & Multi-Use Stall Barn Civil Site Work Contract Objective: The objective is to obtain authorization to enter into an agreement for construction services relating to the Civil Site Work for the Multi-Purpose Event Center & Stall Barn. Included with this Memo, for your review, is a copy of the Town Construction Agreement and the Master Agreement for this project. Present Situation: Public Works went out to bid for construction services necessary to provide underground utilities and concrete walkways for the Multi-Purpose Event Center and Multi-Use Stall Barn. The project was advertised for public bid on July 23rd, 2013, and a bid opening was held on August 9th, 2013. One firm responded – Cornerstone Concrete, Inc. from Estes Park. Together with a team including Cornerstone Concrete, Fairbanks Excavation and Van Horn Engineering, a bid of $359,845.20 was submitted. Proposal: Staff has evaluated the submitted bid and recommends the fee is appropriate for the proposed scope of services and Cornerstone Concrete, Inc. is a qualified respondent to the RFP. Staff therefore recommends the Town enter into a contract with Cornerstone Concrete, Inc. for $359,845.20 with a contingency of 10% for the execution of these services. Included with this memo is the Construction Contract and Master Agreement that the Town will enter into with Cornerstone Concrete, Inc. Advantages: The primary advantage adding this contract separate from the buildings contract is the creation of a competitive bidding environment that allows our local contractors the opportunity to compete for services on a Town project. Disadvantages: Disadvantages include the creation of another contract for staff to administer and another contractor to manage. Also, bringing in another contractor creates potential coordination conflicts with the ongoing building construction work with Dohn Construction. The inclusion of local contractors in the construction of these buildings provides valuable employment opportunities for the Estes community and heightens local interest. Action Recommended: Staff recommends the Town Board approve the contract with Cornerstone Concrete, Inc. for $359,845.20. Staff also recommends approval of construction budget of $395,829.22, which includes a contingency of 10% in addition to the contract amount. Budget: Community Reinvestment Fund = $320,000.00. An additional $75,829.22 will need to be allocated for this project budget. Level of Public Interest This project provides essential utility services and pedestrian walkways for the Multi- Purpose Event Center and Multi-Use Stall Barn. It has a high level of interest in the community. Sample Motion: I move for the approval/denial of establishing a construction budget of $395,829.72. In addition, I move for the approval/denial of entering into an agreement with Cornerstone Concrete, Inc. for the fee of $359,845.20. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement TOWN OF ESTES PARK MASTER AGREEMENT FOR CONSTRUCTION (For use in Colorado) MASTER AGREEMENT NUMBER: 2013 – This Master Agreement for Off-Site and On-Site Construction (the “Master Agreement”) is entered into as of , 2013, (the “Effective Date”) between TOWN OF ESTES PARK (“Owner”) and , a corporation (“Contractor”), regardless of whether Contractor’s actual capacity will be prime contractor or subcontractor. Section 1. INCORPORATION OF MASTER AGREEMENT INTO CONTRACT AND TERM 1.1 Incorporation. This Master Agreement establishes the general conditions applicable to any specific, Commitment (the “Contract”) subsequently entered into between Owner and Contractor. The provisions of this Master Agreement will apply to and become part of any bid submitted by Contractor to Owner and any Contract entered into between Contractor and Owner and any Time and Material Authorization (“TMA”), Field Purchase Order (“FPO”) or Change Order. Unless otherwise indicated, the capitalized terms used but not defined in this Master Agreement have the definitions stated in the Contract. 1.2 Applicability to Open Contracts. Contractor and Owner agree, acknowledge and accept that this Master Agreement hereby replaces and supercedes any prior master agreement entered into between Owner and Contractor. All open Contracts, including all open TMAs, FPOs, Change Orders or other amendments, issued prior to the effective date of this Master Agreement (the “Open Contracts”) are incorporated herein by reference and remain operative and in full force and effect except that this Master Agreement governs the Open Contracts All references in Open Contracts to the “Master Agreement” or to a provision thereof, shall be deemed to refer to this Master Agreement. 1.3 Term. The term of this Master Agreement (the “Term”) will extend from the Effective Date until September 10, 2013 for Phase I substantial completion and November 27th for Phase II substantial completion dates unless cancelled or modified in writing by Owner prior to that time or extended for completion of a Contract as provided in such Contract. The term of any Contract commences on its effective date and ends upon the Completion of Work unless a written termination is issued prior thereto. 1.4 Owner’s Authorized Representative for the projects will be a representative from Norris Design and/or the Town of Estes Park who will have the rights and authority assigned to the Owner’s Representative in the Contract Documents. The name of the individual who will act as the Owner’s Authorized Representative will be set forth in the Contract Documents. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement Section 2. DEFINITIONS “Applicable Requirements” means all federal, state and local laws, statutes, ordinances, codes, rules, regulations, orders, judgments and decrees applicable to the Work, including without limitation a state or federal Storm Water Management Plan (“SWMP”). “Bid” means the offer or proposal of the Bidder submitted on the prescribed Bid Form setting forth the prices for the Project to be constructed. “Bid Form” means the form of the offer or proposal setting forth the Project to be constructed. “Bidder” means any individual, firm or corporation submitting a bid for the Project contemplated, acting directly or through a duly authorized representative. “Owner” is defined in the preamble. “Owner’s Authorized Representative” means the person specified in Section 1.4 of the Master Agreement or other applicable Contract, or such other Project Manager or other individuals, as Owner designates to Contractor. “Business Day” is defined in Section 13.1. “Change Order” means a written document provided by Contractor to the Owner, requesting an authorization for an addition, deletion or revision in the Work, or an adjustment in the Construction Schedule or Contract Price, issued after the effective date of the Master Agreement, to be signed by both Owner and Contractor. “Completion of Work” means (a) the Work has passed all applicable inspections and Contractor has obtained all required approvals, permits, certificates and sign-offs from the appropriate agencies, including governmental authorities and utilities, (b) all Work, including all punch list work, has been completed to Owner’s satisfaction, as evidenced by a written approval notice to Contractor from Owner’s Authorized Representative and (c) Contractor has delivered to Owner the as-built Plans, annotated Specifications and other documentation required in Section 4.4 below, and cleaned the Site as required in Section 4.5(a) below. “Construction Schedule” means a document containing specific time periods and deadlines associated with construction of the Project and performance of the Work. “Contract” is defined in Section 1.1. “Contract Documents” means the Master Agreement, the Contract, the Contractor’s Bid, Plans, Specifications, engineering reports, soils reports, acoustical reports, geotechnical and geological investigation reports and other documents specified in the Contract, and all subsequent Change Orders. “Contract Price” means the compensation for the Work, as specified in the Contract authorizing the Work to be performed. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement “Contractor” is defined in the preamble. “Effective Date” is defined in the preamble. “FPO” is defined as a Field Purchase Order issued for additional work by Owner’s Authorized Representative. “General Conditions” means the general conditions as set forth in the Contract Documents. “Hazardous Substance” is defined in Section 4.5(g)(1). “Losses” is defined in Section 8.1. “Master Agreement” is defined in the preamble. “Owner” is defined in a Contract if different than Owner. “Payment Authorization” means all written authorizations that Owner requires contractor to submit with invoices for payment. “Phase” means a portion of the Project defined as such. “Plans” means the official plans, drawings, working drawings, or supplemental drawings or exact reproductions thereof, approved by the Owner’s Authorized Representative, which show the location, character, dimensions, and details of the Work. “Project” means the construction project specified in the the Contract and Scope of Work; in the total construction of which the Work may be the whole or a part. “Project Manual” means the official documents prepared by the project designer such as bidding requirements, sample forms, conditions of the contract and specifications for the Work to be completed. “Proprietary Information” is defined in Section 12.1. “Site” means the physical location of the Project(s). “Special Conditions” means the specific clauses setting forth conditions or requirements peculiar to the Project, covering work or materials involved in the Bid which are not thoroughly or satisfactorily stipulated in the General Conditions or Specifications. “Specifications” means the specifications specified in the Project Manual for the Multi- Use Stall Barn and the Multi-Purpose Event Center. “Subcontractor” means an individual or entity having a direct contract with the Contractor or with any other Subcontractor for the performance of a portion of the Work. “Supervisor” means Contractor’s Supervisor designated under the Contract Documents. “Term” is defined in Section 1.3. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement “Time and Material Authorization” or “TMA” means a document, which will be provided to Owner by Contractor identifying hourly charges for specific work to be performed and equipment to be used to complete the Project. "Work" or “Scope of Work” means the work specified in any contract issued by Owner to Contractor, as may be modified by subsequent approved Change Orders, and TMAs. Section 3. OWNER/CONTRACTOR RELATIONSHIP Owner and Contractor are committed to working together in a relationship based on integrity and continual improvement in order to achieve a mutually beneficial relationship and to deliver exceptional value and quality to Owner’s customers. Contractor acknowledges that its relationship with Owner and its responsibilities under this Master Agreement include a continuing need for process improvements, elimination of waste and more efficient use of labor and materials. Section 4. CONTRACTOR’S WORK 4.1 Applicable Requirements and Plans and Specifications. 4.1(a) Performance Standards. Contractor must expeditiously perform the Work in a good and workmanlike manner and must provide all labor, materials, tools, supplies, equipment, machinery, supervision, coordination, transportation, services and all other things necessary for execution of the Work. Contractor must perform the Work in accordance with all Applicable Requirements, the Contract Documents, where applicable. 4.1(a)(1) Where the Plans or Specifications describe portions of the Work in general terms, but not in complete detail, the best industry practice is to prevail and only materials and workmanship of the first quality are to be furnished. Whether or not shown by the Contract Documents, the Work includes any item of labor, service and/or material reasonably implied or customarily furnished by a contractor performing work of the type comprising the Work, or required to complete the Work in compliance with any Applicable Requirements. Contractor must furnish, without extra charge, any additional material and labor required to comply with Applicable Requirements, the Contract Documents, where applicable, even though not mentioned in the Specifications or shown on the Plans. 4.1(a)(2) All material must be installed in accordance with the manufacturer’s specifications. If Contractor installs any material in a manner that voids the manufacturer’s guarantee and/or warranty without prior written authorization from Owner, Contractor assumes all obligations under the manufacturer’s guarantee and/or warranty at Contractor’s sole cost and expense. 4.1(b) Notification of Inconsistencies. Contractor must provide written notification to Owner of any inconsistency between the Contract Documents and Applicable Requirements, where applicable, or of any other inconsistency, error or omission Contractor may discover in the Contract Documents. If Contractor performs any portion of the Work which Contractor knows, or shall know, is inconsistent with any Applicable Requirements, where applicable, Stanley Fairgrounds Site Work Town of Estes Park Master Agreement or which otherwise involves an inconsistency, error or omission, without having previously reported it to Owner in writing, Contractor will bear all costs for correction and any associated delay. 4.1(c) Priority of Documents. See Town of Estes Park Contract Agreement for priority of Documents. 4.1(d) Permits. Contractor will secure permits for the Work except as otherwise noted. 4.2 Contractor’s Expertise, Representations and Warranties. 4.2(a) Contractor’s Expertise. Contractor acknowledges that Owner relies upon Contractor’s experience, expertise, recommendations and supervision in the performance and scheduling of the Work and in striving continually to improve upon the methods and materials necessary for completing the Work. 4.2(b) Representations and Warranties. Contractor represents and warrants that it is: (1) an expert in its field and trade and able to furnish the facilities, tools, materials, supplies, equipment and qualified personnel required to perform the Work, and has sufficient expertise and competence to do so; (2) financially solvent, able to pay its debts as they mature and possessed of sufficient working capital to perform the Work and meet its obligations under the Contract Documents; (3) authorized to do business in Colorado; (4) properly qualified, certified and licensed to perform the Work by all governmental and quasi-governmental authorities having jurisdiction over Contractor or the Work, and will remain so at all times during performance of the Work; (5) a duly formed and existing legal entity in good standing in Colorado and the jurisdiction within which the entity was formed; and (6) duly authorized to execute this Master Agreement and any Contracts hereunder; and (7) including in its Contract Price sufficient money to comply with all applicable local, state and federal laws or regulations governing the labor or services provided. 4.3 Inspection of Work and Rework. 4.3(a) Inspection of Work. The Work is subject to inspection and approval by both the Owner and governmental authorities and utilities. Contractor must do each of the following: (1) Perform frequent and on-going inspections of the Work to ensure that the Work is in compliance with the Contract Documents, and Applicable Requirements, where applicable. Contractor will not be relieved from any of its responsibilities with respect to the Work by the activities or Stanley Fairgrounds Site Work Town of Estes Park Master Agreement duties of Owner or Owner’s Authorized Representative, or by inspections required or performed by persons other than Contractor. (2) Fully comply with all inspection programs and protocols designated by Owner. (3) Coordinate all required inspections of the Work by governmental authorities and utilities. (4) Give Owner’s Authorized Representative timely notice (at least 48 hours) of governmental and utility inspections so that the Authorized Representative may observe the inspections. (5) Bear all costs and any associated delay for reinspection and correction (to the satisfaction of Owner and the relevant governmental authority or utility) if the Work or any portion of it fails to pass inspection. (6) Commence corrective work within twenty-four (24) hours after the failed inspection and diligently pursue the corrective work to satisfactory completion. 4.3(b) Coverage of Work. If any portion of the Work is not visually observable or is otherwise covered prior to required inspection or contrary to the requirements of the Contract Documents or the request of Owner’s Authorized Representative, that portion must be uncovered or removed at Contractor’s cost and after inspection must be recovered or replaced at Contractor’s cost, all without any extension of time. 4.3(c) Resolution of Dispute over Quality. If any dispute arises as to the quality of Contractor’s work or the quality or type of materials furnished, Owner’s reasonable decision regarding the quality or type of materials to be used is binding on Contractor during the course of the Work. Thereafter, Contractor may choose to seek extra payment for the cost of the labor or materials, provided all notices have been timely submitted as required in Section 5, below. 4.4 As-Built Plans, Annotated Specifications and Other Documentation. 4.4(a) As Built Plans and Specifications. When required by the Contract, Contractor must prepare and maintain on a current basis an accurate and complete set of as-built Plans showing clearly all changes, revisions and substitutions during construction, including, without limitation, field changes and the final location of all utility lines, pipes, grades and other significant features, and as related to the Work, annotated Specifications marked in the field to show all changes, revisions and substitutions. 4.4(a)(1) In the event of a Specification that allows Contractor or any subcontractor to elect one of several brands, makes or types of material or equipment, Contractor must show which of the allowable items was furnished. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 4.4(a)(2) The as-built Plans and annotated Specifications must be kept at the Site, and must be available for inspection by Supervisor, Owner and any governmental authorities or utility companies and must be provided to Owner at the Completion of Work. 4.4(b) Documentation. At the Completion of Work and prior to final payment, Contractor must provide Owner with all operating manuals, guarantees, warranties, and product warranties, which relate to any materials or equipment installed by Contractor as well as the names of replacement parts suppliers and all other similar documentation relating to the Work. 4.5 Site Requirements. 4.5(a) Cleanliness. 4.5(a)(1) Contractor must keep its work areas in a neat and safe condition at all times and ensure that neither it nor its subcontractors, nor others for whom it is responsible, create any hazardous or unsafe conditions which might affect others on or off the Site. 4.5(a)(2) On a daily basis Contractor must pile all rubbish, waste and debris resulting from the Work in a location or trash bin designated by Owner’s Authorized Representative and must ensure that all materials, supplies and equipment are properly and safely stored. 4.5(a)(3) At the Completion of Work, Contractor must remove from and about the Site all waste materials, rubbish, tools, construction equipment, machinery and surplus materials, and must leave the Site in “broom clean” condition. 4.5(a)(4) If Contractor intends to dispose of any soil or debris generated from excavation, drilling or other activities, or Hazardous Substances (as defined in Section 4. 5(g)(1) below, then Contractor must –obtain written approval from Owner’s Authorized Representative prior to disposal so Owner can sample and profile the materials or Hazardous Substance and require Contractor to effect such disposal only at facilities approved by Owner in advance and in writing Contractor shall not permit any run- off to a storm drain, except for uncontaminated clear run-off water. 4.5(b) Drug Free. Illegal drugs (including prescription drugs belonging to another) and alcohol are strictly prohibited on the Site at all times. Contractor must instruct its employees, subcontractors and others for whom it is responsible that the possession of illegal drugs or alcohol while on the Site, or working on the Site under the influence of illegal drugs or alcohol, will result in immediate removal of employee from all of Owner’s projects. Contractor must strictly enforce this policy. Contractor’s failure to enforce this policy is a material breach of this Master Agreement and any Contract, and a basis for terminating any Contract as well as for terminating this Master Agreement. 4.5(c) Supervision. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 4.5(c)(1) At any time Contractor is performing the Work, and at other times as necessary, the Supervisor must be present at the Site. The Supervisor must be skilled and knowledgeable both in the performance and supervision of the Work and fully knowledgeable regarding the requirements of the Contract Documents and Applicable Requirements. So far as reasonably possible, Contractor will keep the same Supervisor on the job throughout the performance of the Work. The Supervisor must be authorized to respond to the needs and requirements of Owner without obtaining further authorization. At its sole discretion, Owner may require Contractor to replace its Supervisor on twenty-four (24) hour notice at no cost to Owner. 4.5(c)(2) The Supervisor must have the linguistic skills necessary to communicate with Contractor’s employees, subcontractors, suppliers and others for whom Contractor is responsible, whatever their primary language may be, as well as to communicate fully with Owner’s Authorized Representative. 4.5(c)(3) If Contractor fails to have adequate supervision on the Site, Owner may supply its own supervision, at Contractor’s cost, or in the alternative, cause all Contractor’s employees to cease work until adequate supervision is provided, again at Contractor’s cost, including any associated delay. 4.5(d) Training. 4.5(d)(1) Contractor warrants that its employees and any subcontractors or others for whom Contractor is responsible have received or will receive, prior to commencing the Work, all training and instruction necessary for performance of the Work in conformance with Applicable Requirements, the Contract Documents and industry standards. 4.5(d)(2) Contractor warrants that each of the employees who are performing the Work is knowledgeable about the requirements of the Contract Documents and Applicable Requirements. 4.5(d)(3) Owner may require Contractor to remove and replace any employee who is inadequately trained, who fails to demonstrate the necessary skills to do the Work, or who is not knowledgeable about the requirements of the Contract Documents and Applicable Requirements. 4.5(e) Safety. 4.5(e)(1) Contractor must fully comply with all Applicable Requirements with respect to occupational health and safety standards under the Occupational Safety and Health Act (OSHA) of 1970, 29 Code of Federal Regulations, Section 1926, any other applicable public authority, accident prevention and safety equipment and safe practices. Contractor must fully cooperate with Owner’s Safety Manager to implement and enforce any other accident prevention and safety program of Owner. Contractor must cooperate with any regulatory Stanley Fairgrounds Site Work Town of Estes Park Master Agreement agency consultation or compliance inspections. Contractor is responsible for protecting the public from hazards related to the Work. 4.5(e)(2) Contractor must have an Injury/Illness Prevention Program (“I.I.P.P.”) and Contractor must provide Owner with a copy of its I.I.P.P. upon request. Contractor must conduct periodic inspections of Site conditions and equipment and must provide documentation of such inspections to Owner’s Safety Manager upon request. Contractor must provide personal protective equipment and adequate safety training to all of its employees. 4.5(e)(3) Contractor must immediately notify Owner of any incident which causes personal injury, or environmental or property damage, and must cooperate fully with Owner’s Risk Management Department. 4.5(e)(4) Contractor is responsible for ensuring that all vehicles used or required for the performance of the Work, including ANY vehicle brought on Site by Contractor, any subcontractor or any of their respective employees, suppliers or others for whom Contractor is responsible be in safe operating condition and registered and insured as required by state law. 4.5(e)(5) Contractor accepts sole responsibility for providing a safe work place for its and its subcontractors’ employees, suppliers and others for whom Contractor is responsible, including without limitation safety training and the adequacy, and required use, of all safety equipment. Contractor must pay any fine imposed on Owner as a result of Contractor’s violation of Applicable Requirements. In the case of Contractor’s failure to maintain a safe work area, Owner may (but is not required to) correct the dangerous condition at Contractor’s cost. 4.5(f) Storage On Site. 4.5(f)(1) Owner’s Authorized Representative may, within its sole discretion, permit Contractor to store materials, tools or equipment on the Site. Contractor must strive to minimize the length of time that materials are stored at the Site, and must coordinate with Owner’s Authorized Representative to ensure prompt installation of stored materials. 4.5(f)(2) Contractor is solely responsible for materials, tools and equipment stored at the Site. In the event of loss or damage, Contractor must proceed promptly to make repairs to or to replace the lost or damaged items at Contractor’s cost. Contractor waives all rights of indemnity it might have for loss or damage to materials, tools or equipment stored at the Site caused by Owner’s passive negligence. 4.5(f)(3) Owner will not provide any utilities for storage facilities. Contractor must maintain permitted storage areas in a neat, safe and sanitary condition and in compliance with all Applicable Requirements. By written notice to Contractor, Owner may revoke Contractor’s use of any permitted storage area at any time. In such event, Contractor must remove all materials, tools, equipment, goods and facilities and restore the area to Stanley Fairgrounds Site Work Town of Estes Park Master Agreement its original condition within three (3) days after delivery of the removal notice. 4.5(g) Hazardous Substances. 4.5(g)(1) For purposes of this Master Agreement, “Hazardous Substance” includes, but is not limited to, substances defined as hazardous substances, hazardous wastes, hazardous materials, toxic substances, or terms of similar import as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Resource Conservation and Recovery Act of 1976, the Super Fund Amendments and Reauthorization Act of 1986, the Toxic Substances Control Act of 1976, or any other federal, state or local law, statute, rule or regulation pertaining to the protection of the environment or the health and safety of persons and property. 4.5(g)(2) Contractor must use and store on the Site only the minimum quantities of any Hazardous Substance required for the Work. Contractor must fully comply with all Applicable Requirements regarding the use, storage and disposal of any Hazardous Substance, and must notify Owner and other contractors on the Site if Contractor intends to use any Hazardous Substance. Contractor must promptly cleanup and remove, by approved methods, any Hazardous Substance spilled or otherwise released onto the Site, the ground water under the Site or the air above the Site, by Contractor or others for whom Contractor is responsible. 4.5(g)(3) Upon request, Contractor must promptly provide Owner and any other affected parties with a Materials Safety Data Sheets (“MSDS”), and any other requested information, pertaining to any Hazardous Substance Contractor uses or intends to use on the Site. 4.5(g)(4) If Contractor encounters any Hazardous Substance on the Site it must immediately notify Owner’s Authorized Representative and cease work in the affected area until otherwise instructed by Owner and must follow all directions of Owner with regard to the Hazardous Substance and communication with third parties regarding the Hazardous Substance. 4.5(h) Protection of Property. 4.5(h)(1) Contractor must perform the Work in such a manner that it will not injure, delay or damage any other work performed by Owner or any other contractor. Contractor must take all precautions necessary to protect all work installed by others and any public improvements, including, without limitation stall barns, fences, driveways, sidewalks, graded lots, curbs, and gutters. Vehicles may not be parked in driveways, sidewalks or graded lots except to load or unload materials. 4.5(h)(2) In the event that Contractor, its subcontractors, suppliers or others for whom it is responsible cause damage to other work or property, Contractor will bear the costs for correction or repair. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 4.5(h)(3) Contractor must follow all orders of Owner’s Authorized Representative with regard to access to the Site and parking and must enter and leave the Site as directed by Owner’s Authorized Representative. It is Contractor’s responsibility to prevent infringement of the rights of enjoyment of adjacent property owners. Contractor acknowledges that it has been specifically instructed to confine all activities to the Site, unless it receives prior written permission from both Owner and the owner of the other property Contractor intends to use. 4.5(i) Emergencies. In any emergency affecting the safety of persons or property, Contractor must take immediate action to prevent or alleviate threatened damage, injury or loss. Contractor must provide Owner with a twenty-four (24) hour emergency phone number at which Contractor can be reached during non- work hours. If Contractor cannot be reached when called, Owner will take all necessary actions to protect life and property, at Contractor’s cost if Contractor is responsible. Contractor’s warranties will remain in effect under all conditions and will not be affected by the work of others during an emergency. 4.5(j) Dust and Erosion Control For Off-Site Construction. If Contractor is performing Work under a Contract for Off-Site Construction, then the following provisions apply: 4.5(j)(1) At all times during construction and until the Completion of Work, Contractor must prevent the formation of any air borne dust nuisance by use of appropriate methods which confine dust particles to the immediate surface of the Site. Contractor must provide its own labor, material and equipment for this dust control work. Dust control must conform to all Applicable Requirements. Contractor must pay any fine imposed on Owner as a result of Contractor’s violation of any dust control standards, regulations or requirements and will also bear any and all costs to Owner (including construction delays) caused by Contractor’s failure to comply with the terms of the paragraph. 4.5(j)(2) At all times during construction and until the Completion of Work, Contractor must prevent erosion of dirt from any and all water sources. Erosion control must conform to all Applicable Requirements. Contractor must provide its own labor, material and equipment for this erosion control work. It is Contractor’s sole responsibility to protect the Work during inclement weather and to repair the Work if damaged following inclement weather at Contractor’s expense until the Completion of Work. Contractor must pay any fine imposed on Owner as a result of Contractor’s violation of any erosion control standards, regulations or requirements and will also bear any and all costs to Owner (including construction delays) caused by Contractor’s failure to comply with the terms of this paragraph. Contractor is responsible for all damages to adjacent properties or improvements as a result of Contractor’s failure to control water or erosion. 4.5(j)(3) If Contractor fails to provide adequate dust or erosion control, Owner may suspend the Work, in whole or in part, until Contractor provides adequate dust or erosion control or Owner may provide dust and Stanley Fairgrounds Site Work Town of Estes Park Master Agreement erosion control at Contractor’s sole cost and expense. Contractor will perform the Work to avoid interference with any and all dust and erosion control measures of Owner or other contractors. Contractor will be responsible for any such interference and will pay all costs, fines or assessments associated therewith. 4.5(k)`Protection of Dust and Erosion Control For On-Site Construction. If Contractor is performing Work under a Contract for On-Site Construction, then the following provisions apply: 4.5(k)(1) Contractor will perform its onsite Work to avoid interference with any and all Dust and Erosion Control measures of Owner or other contractors or to cause violations of any and all Applicable Requirements for Dust and Erosion Control. Failure of Contractor to comply with this provision may result in Contractor being responsible for the payment of any resulting fines or assessments against Owner or other contractors. 4.5(l)`Storm Water Management Plan. The Project is being developed in accordance with a Storm Water Management Plan (“SWMP”) as required by the Colorado Department of Public Health and Environment. The SWMP imposes requirements for the design, implementation and maintenance of Best Management Practices (“BMPs”) to eliminate and/or mitigate all prohibited discharges into storm drains during and after construction of the Project. Contractor will be subject to the SWMP and all BMPs established pursuant to the SWMP. All activities undertaken by Contractor or Contractor’s agents, employees, sub-contractors or representatives or others for whom Contractor is responsible, with respect to the Work must comply with the SWMP and BMPs. The requirements of the BMPs include, but are not limited to, preventing run-off of soil, sand, sediment, oil, gasoline or other hydrocarbons, paint, fertilizers, pool chemicals, other household chemicals and other debris into the storm drains located in the Project. The SWMP affirmatively obligates Contractor to take immediate corrective action whenever there is a violation of the BMPs as to the Work. Penalties include significant fines that will be imposed against Contractor for violation of the SWMP or BMPs. Any violation of the SWMP or BMPs attributable to Contractor shall be the sole responsibility of Contractor, including the obligation to pay any and all fines assessed against Contractor, Owner or the Project attributable to Contractor’s violation. 4.6 Site Conditions. 4.6(a) Verification of Existing Conditions and Warranty. 4.6(a)(1) Prior to beginning the Work, Contractor will carefully examine the Site, all previous work, all adjacent areas that may be affected by the Work, and all Contract Documents (where applicable) and fully satisfy itself as to the nature and location of the Work and fully acquaint itself with all conditions, including subsurface conditions, which in any manner may affect the Work. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 4.6(a)(2) Contractor assumes the risk of any variances between the actual conditions and the conditions shown or indicated in the Contract Documents, to the extent Contractor knows or should have known of such actual conditions, unless Contractor provides written notification to Owner prior to start of the Work. In all cases where dimensions are governed by field conditions that are already established, Contractor has full responsibility for correct knowledge of the actual conditions. 4.6(a)(3) If Contractor deems that surfaces or work to which it’s Work is to be applied or affixed are unsatisfactory or unsuitable, written notification of said condition(s) must be given immediately to Owner. By commencement of the Work, Contractor warrants that all related, adjacent or dependent work and materials are acceptable. Contractor is responsible to Owner for all damage or delay in connection with any failure of the Work due to defects or damages in the underlying surface of the Site or previous work by others. 4.6(b) Lines and Grades. If necessary, Owner will provide Contractor with base control points within fifty (50) feet of property lines, and with other lines, benchmarks and reference lines. Contractor acknowledges that as part of its Site inspection, it must verify the extent of such reference points to be supplied by Owner for Contractor’s Work. If reference points are missing or Contractor finds the points inadequate, Contractor must immediately provide written notification to Owner. Absent written notification, Contractor assumes full responsibility for the accuracy of all lines, levels, and measurements and their relation to benchmarks, property lines, and reference lines. In all cases where dimensions are governed by conditions already established before Contractor starts the Work, Contractor has full responsibility for correct knowledge of the actual conditions. No variation from specified lines or grades may be made except on the written direction of Owner’s Authorized Representative. Contractor will bear all costs for correction and associated delay in connection with line or grade deviations unless Contractor can establish that the Engineer’s staking was in error, and the error caused the need for corrective work. 4.6(c) Underground Lines. Contractor is solely responsible to contact the “U.S.A.” Utility Location Service at 1-800-642-2444 for a staked location of all underground utilities prior to starting the Work, if necessary. Contractor is solely responsible for all costs for correction and associated delay in connection with repair of all utilities, marked or unmarked, damaged by it during performance of the Work. 4.6(d) Archaeological Monitoring. There may be archaeologically sensitive zones on the Site. Archaeological monitors may be present on the Site on a full or part time basis. In the event archaeological artifacts are discovered during performance of the Work, the appropriate governmental agency has and retains all right, title and interest to such artifacts and has the right to perform archaeological excavations as deemed necessary. In the event of archaeological examination and related delays of the Work, Contractor will be entitled to an extension of time to complete the Work, subject to Section 4.9. However, Contractor has no claim for damages or compensation for the delay. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 4.7 Subcontractors and Suppliers. 4.7(a) List of Subcontractors and Suppliers. Contractor must provide Owner with a list of the names and addresses of all subcontractors and suppliers who are to perform work for and or supply materials to Contractor in connection with the Work. All subcontractors over 5% of the bid total must be listed. Contractor must not make any substitution or addition to the list without first notifying Owner in writing. Contractor is solely responsible to Owner for the performance of its subcontractors and suppliers and their compliance with Applicable Requirements, and the Contract Documents. 4.7(b) Payment of Bills. Contractor must timely pay for all labor, materials, equipment, transportation, and services, including applicable taxes, ordered for or used in the Work by Contractor. If Contractor fails to make any payment, Owner has the right, but not the obligation, to make payment directly to any of Contractor’s laborers, subcontractors or suppliers or for the account of Contractor and to deduct the amount of the payment from any amounts due and owing to Contractor. If the funds payable to the Contractor are not sufficient to cover this amount, Contractor must promptly pay the difference to Owner on demand. 4.7(c) Liens. Contractor must not allow any claim of lien or statutory withholding notice to be recorded against the Site or served against Owner and must provide to Owner, on demand, satisfactory evidence of any payment in dispute. If any lien, notice, claim of lien or any attachment is recorded in connection with the Work, Contractor must cause such lien or attachment to be removed. In the event Contractor fails to have any lien or attachment removed within fifteen (15) days after Owner’s demand, Owner may take whatever actions it deems necessary in order to remove such lien or attachment, at Contractor’s cost (including attorney’s fees and costs incurred by Owner). 4.7(d) Materials and Alternatives. If any items specified in the Contract Documents are discontinued, unavailable, or if Contractor desires to use a suitable alternative, Contractor must notify Owner in writing as soon as possible and must submit a list of alternatives with all necessary information pertaining to specifications, applications, characteristics, warranties, and costs. Owner’s written approval is required prior to installation of any alternative. 4.8 Labor Relations. 4.8(a) Independent Contractor. Contractor is an independent contractor and is solely responsible for payment of all federal and state taxes and insurance and contributions for social security and unemployment taxes, which are based on the wages, salaries or other compensation paid by Contractor to its employees. 4.8(b) No Illegal Aliens. Contractor must employ, and must cause its subcontractors to employ, only American citizens or non-citizens with legal United States work authorizations and at all times must obey all Applicable Requirements concerning the employment of persons at the Site, including without limitation the requirements of the Immigration Reform and Control Act of 1986 and the Immigration and Naturalization Service’s rules and regulations. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 4.8(c) Employment and Labor Regulations. 4.8(c)(1) Contractor must comply with all Applicable Requirements concerning equal opportunity employment and warrants that it and its subcontractors and suppliers are equal opportunity employers. 4.8(c)(2) Contractor recognizes that in the performance of the Work, it may be necessary to work side by side with other contractors on the Site who may, or may not, be signatories to collective bargaining agreements with labor organizations. Owner reserves the right to establish a “two gate” system at any time during performance of the Work. Contractor will not be relieved of its obligations to supply sufficient, properly skilled workers to perform the Work without delay or interruption as a result of any labor dispute between Contractor, or any of its subcontractors or suppliers, and their respective employees. Contractor will not be entitled to any adjustment to the Contract Price and must pay any increased costs as a result of any labor dispute involving its own forces or the forces of its subcontractors or suppliers. However, Contractor will be entitled to all direct out-of-pocket expenses reasonably incurred and may seek an extension of time as a result of a strike affecting a trade or product generally, as agreed upon by Contractor and Owner’s Purchasing Department. Contractor represents and warrants, and will provide evidence upon Owner’s request, that neither it nor any of its subcontractors or suppliers is delinquent in making payments or reports to any union fringe benefit trust fund or appears on any delinquency list published by any union fringe benefit trust fund. 4.9 Time of Performance. 4.9(a) Sequencing and Schedule of Project. Contractor acknowledges that Owner has complete control over the timing and sequence of the Project. Owner’s Authorized Representative will provide a Construction Schedule to Contractor. The Construction Schedule will set forth the start date for the Work as well as the date for the Completion of Work and any intermediate milestones. The Construction Schedule is to provide Owner and Contractor with a general framework of the time for Contractor’s performance. The actual schedule will depend on a number of factors such as weather, market conditions and other matters in the discretion of Owner, and Contractor must not proceed with any part of the Work ahead of time designated by Owner without prior written authorization. Owner reserves the right to provide an updated or amended Construction Schedule at any time and Contractor must immediately proceed in accordance with the amended Construction Schedule. Contractor must coordinate its Work with any other contractors so there will be no interference with work of others. 4.9(b) Sequencing of Work. Contractor acknowledges it is responsible to perform all elements of the Work in the proper sequence and the Work in the proper sequence with work of other contractors. Contractor will not proceed with work out of sequence without providing written notification to Owner. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 4.9(c) Timely Completion of Work. Contractor must complete the Work in a prompt and diligent manner and achieve the Completion of Work in accordance with the time designated in the Construction Schedule. Contractor acknowledges that failure to meet the Construction Schedule is a material breach of the Contract. If Contractor is behind in the Work or if any portion of the Work is not commenced, performed, finished and delivered at the time established by Owner, Owner may direct Contractor, on forty-eight (48) hours notice, to furnish additional labor and expedite deliveries of material and equipment, at Contractor’s cost. If additional labor is not available, Owner may require Contractor to work overtime or additional shifts (and/or weekends and holidays) to such an extent as will be sufficient to achieve the Completion of Work or any portion of the Work in accordance with the Construction Schedule, all at Contractor’s cost. 4.9(d) Mandatory Overtime. In order to expedite completion of the Project or the Work, Owner may direct Contractor to work overtime. Contractor must work overtime as directed by Owner and, so long as the overtime was not caused by the delay of Contractor, its subcontractors, suppliers or others for whom it is responsible, Owner will pay the actual extra cost of overtime over Contractor’s normal labor rates. Contractor must not mark-up such costs for overhead or profit. Time slips covering overtime must be checked and approved daily by Owner’s Authorized Representative. 4.9(e) Remedies for Delay. Contractor is not entitled to recover from Owner any additional compensation or impact or other damages on account of any delay or disruption to work flow, whether caused in whole or in part by Owner or others. Contractor’s sole remedy for such delay will be an extension of time to perform, which will be subject to Owner’s written approval. Contractor must make any request for an extension of time within three (3) calendar days of the event giving rise to the request. The request must be in writing and reasonably detailed, including without limitation specifying the cause of the delay and the anticipated number of delay days. Contractor’s failure to timely deliver a request constitutes conclusive and no rebuttable evidence that no time extension is due. Section 5. CHANGES TO WORK 5.1 Owner’s Right to Change Work. During the course of the Work, Owner may make changes to the scope of the Work, including additions to and deletions from the scope of the Work. Owner will request a Change Order from Contractor for each change. Owner may also authorize an extension or shorten the time required to perform the Work, and/or change the Work as described in the Scope of Work, by requesting a Change Order from the Contractor or by issuing a FPO to the Contractor describing the Work. Work performed under a Change Order, FPO, or TMA is subject to all of the terms and conditions of the Contract Documents. 5.2 Contractor’s Compensation for Change Order. 5.2(a) Mutually Agreed Upon Change. If a Change Order increases or decreases the scope of the Work, then the Contract Price will be adjusted accordingly as mutually agreed upon by the parties. All mutually accepted changes to the Work and the Contract Price will be fully set forth in a written Change Order signed by both parties. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 5.2(b) Proceeding Without Agreement. If the parties cannot agree within five (5) Business Days after Owner delivers the proposed Change Order as to whether any particular work is a change to the Work, or should result in adjustment to the Contract Price, or the amount of the adjustment, Contractor must nonetheless timely perform the alleged changed or extra work, if directed to do so in writing by Owner’s Authorized Representative. If Contractor believes that the Contract Price must be increased because of the changed or extra work, Contractor must submit a written “Notice of Intent to File Claim for Additional Compensation.” within five (5) Business Days after Owner’s Authorized Representative delivers written direction to proceed with the changed or extra Work. Contractor’s Notice must reasonably describe the basis for the requested adjustment to the Contract Price. Contractor must keep and submit to Owner on a daily basis a complete breakdown of all costs incurred for the extra Work, including a labor breakdown by name of person, hours worked, and task performed for each worker performing the extra Work as well as a similar breakdown for all equipment used and copies of all invoices and delivery tickets for materials used. 5.2(c) Requirement of Notice. Contractor’s failure to timely deliver a “Notice of Intent to File a Claim for Additional Compensation”, or maintain and deliver an accurate cost breakdown and supporting documentation, constitutes conclusive and no rebuttable evidence that no changed or extra Work was performed and that no payment for the alleged changed or extra Work is due to Contractor. No notice by Contractor or Owner is required if the change will result in a reduction in the Contract Price. 5.2(d) Calculation of Price Adjustment. In the absence of agreement as to the amount of the Contract Price adjustment to be made for any changed or extra Work, the increase or decrease to the Contract Price will be determined on the basis of: (1) unit prices, if any, set forth in the Master Agreement, unless calculating the adjustment in this manner would be inequitable; (2) Direct Costs plus a mark-up, (any increase or decrease in Direct Costs, as defined in the Master Agreement, plus or minus a mark-up of not more than fifteen percent (15%) for Work performed directly by Contractor and an aggregate of five percent (5%) for Work performed by all tiers of subcontractors, for an aggregate mark-up not to exceed twenty percent (20%)); or (3) the stated price, if the item of Work is separately priced in the Master Agreement. Labor rates in connection with any change are those set forth in the Master Agreement. In any case, Contractor will deliver to Owner information reasonably acceptable to Owner substantiating the claimed adjustment. 5.3 Requirement of Writing. The scope of Work, Construction Schedule and Contract Price may be changed only by a written Change Order, or FPO signed by Owner. This requirement is of the essence of the Contract Documents. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any change in the Work, whether or not there is in fact any unjust enrichment, will be the basis for any claim for an increase in the Contract Price. 5.4 Contractor’s Compensation for Field Purchase Order (FPO). Contractor will be compensated for any work performed pursuant to the terms and in the amount set forth in the FPO. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement Section 6. PAYMENTS 6.1 Contract Price. Contractor must perform the Work for the Contract Price set forth in the Contract. The Contract Price covers all costs, foreseen or unforeseen, incurred or to be incurred by Contractor to perform and complete the Work, including without limitation, all applicable labor, materials, payments to subcontractors or suppliers, rental charges, sales, use and other similar taxes, multiple move-ins, communication and copying costs, insurance premiums, taxes, applicable permit fees, testing fees, royalty and license fees, utility charges, guaranties and maintenance bonds required by the Contract Documents, as well as Contractor profit and overhead. 6.2 Changes to Contract Price. 6.2(a) Requested Price Change. If Contractor experiences a change in its cost to complete the Work, Contractor may propose a price increase or decrease to Owner on sixty (60) days’ prior written notice. Contractor must justify any requested price increase with adequate documentation demonstrating an increase in Contractor’s price for labor, materials, supplies, overhead or equipment necessary for completion of the Work. Owner has the sole discretion to accept, reject or modify Contractor’s proposed adjustment. 6.2(b) Price Change Procedure. If after a review of Contractor’s proposed adjustment and documentation Owner approves a price change, a written Change Order will be issued and executed by Owner and Contractor setting forth the new agreed- upon Contract Price. Any adjustment under this Section will apply only to Work to be performed on the project that is begun after the date the Change Order is fully executed. Contractor must complete all Work on the project that was started prior to the date a Change Order is fully executed at the agreed upon Contract Price in effect prior to that date or in a prior Change Order. 6.2(c) Termination of Contract. If Owner and Contractor cannot reach agreement on a new Contract Price, Owner may terminate the Contract, and may terminate this Master Agreement as well, under Section 10.2. Any and all Work not completed on the project that was started prior to the date of termination will continue to be governed by the Contract Documents as if the Contract and/or Master Agreement had not been terminated. 6.3 Payment Terms. 6.3(a) Payment Procedure. Unless otherwise specified in the Contract, Owner will pay Contractor, within thirty (30) days after the date of the receipt of an invoice, accompanied by either a Payment Request Form or a FPO, depending on which payment method applies to the applicable Contract, meeting the criteria set forth in Section 6.4, of the amount which Owner’s Authorized Representative reasonably determines to be due to Contractor under Contracts. Owner may pay any or all billings by joint check, as necessary to protect Owner. 6.3(b) Unit Prices. Where the Contract Price is determined based on unit prices, Contractor must keep complete and accurate records of the quantities of all Work performed according to the Bid Forms submitted by the Contractor. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 6.3(c) Partial and Final Payment. Owner will make final payment to Contractor of the balance due to it under the Contract thirty (30) days after receipt of Contractor’s final invoice following the Completion of Work and after receipt of documentation, as defined in Section 4.4(b) of this Master Agreement. No partial payment to Contractor will operate as approval and/or acceptance of Work done or materials furnished. Any partial payment or payments made by Owner to Contractor will be subject to final audit and adjustment and Contractor must reimburse Owner in the event there is any overpayment. The acceptance by Contractor of final payment constitutes a release by Contractor in favor of Owner and its surety of any claims and/ or liens against Owner and Owner’s property in any way arising under or by virtue of the Contract Documents, except for written claims in stated amounts submitted to Owner prior to final payment. 6.3(d) Condition Precedent to Payment. As a condition precedent to any payment becoming due, Contractor must previously have provided to Owner: (1) the certificates of insurance (or policies) required under this Master Agreement; (2) Contractor’s employer tax identification numbers and any business licenses that apply to the Work; and (3) evidence of payment to and/or lien waivers and releases from laborers, any applicable union trust fund, subcontractors, suppliers, and others with respect to labor, materials and services furnished to Contractor for the Work, all in a form satisfactory to Owner. 6.4 Billing. 6.4(a) Billing Procedures. For Contracts being administered without using Auto Voucher Procedures, invoices must meet the following criteria: (1) Each invoice must show the following and be accompanied by a Payment Authorization Form:  Project Name  Project Number  Contract Number or FPO Number  Change Order number, if applicable  Pay item number, description of item or draw breakdown invoiced and dollar amount (percentage only will not be accepted).  Name of Owner’s Authorized Representative (2) Necessary lien releases, on Owner’s standard forms with original signatures, invoice numbers, phase numbers from Contractor and all subcontractors and suppliers. (3) Final draw or retention, if applicable, will be billed separately, thirty (30) days after the Completion of Work and receipt of documentation, as defined in Section 4.4(b) of this Master Agreement. (4) All invoices must be submitted for payment no more than ninety (90) days after Completion of Work. No invoices will be paid that are received by Owner more than ninety (90) days after the Completion of Work. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement (5) Contractor’s certification that (1) all information contained in the invoice is true and correct, (2) Contractor is not aware of any basis for the filing of any mechanic’s lien, materialmens’ liens, stop notices, security interests or other liens in connection with the Work and (3) all due and payable bills have been paid to date, or will be paid with the proceeds of the invoice. 6.5 Payment Offset Rights (“Back Charges”). 6.5(a) Right to Withhold Payment. Owner has the right, but is not required, to deduct from any amounts due to Contractor an amount sufficient to completely protect Owner against any and all Losses arising from Contractor’s breach of this Master Agreement or the Contract, including without limitation the following: (1) defective work not remedied in a timely fashion; (2) the assertion by third parties of any claim or lien against Owner or its surety or the Site arising out of Contractor’s performance of the Work, including claims covered by insurance until the claims are accepted without a reservation of rights by the Contractor’s insurer; (3) unsatisfactory progress by Contractor; (4) failure by Contractor to diligently perform punch-list, clean-up, or warranty work; and (5) damage caused by Contractor to the work or property of Owner or other contractors. If Owner exercises this right in good faith, Contractor is not entitled to any interest whatsoever on the money so withheld regardless of the resolution of the dispute. When the cause for any withholding has been remedied by the Contractor to the Owner’s reasonable satisfaction, the amount of such withholding will be paid. 6.5(b) Offset Against Any Contract. Owner may offset against any payment otherwise due Contractor any sum due from Contractor as a result of a breach of the Contract Documents or any other agreement, which Contractor has or did have with Owner. 6.5(c) Payment by Contractor. If there are no sums due to Owner from Contractor, or the sums are insufficient to cover the amounts owed by Contractor to Owner, Owner will invoice Contractor for the amount due and Contractor must submit payment within thirty (30) days. Interest will accrue at the highest rate permitted by law on any amount not paid in thirty (30) days. 6.5(d) Books and Records. Contractor must maintain full and accurate records and books of account necessary to document: (a) All activities undertaken by or on behalf of Contractor in the course of the Work including without limitation all testing, sampling and other work performed by Contractor, its agents and subcontractors; and (b) except for work for which compensation is entirely on a fixed price basis, all charges, expenses and disbursements paid or incurred by Contractor, its agents and subcontractors in performing the Work. Books of account must be kept in accordance with generally accepted accounting principles consistently applied or in another auditable form agreed to by Owner in advance and in writing. Contractor must make all such books and records available to Owner for inspection and copying upon request during normal business hours for a period of at least five (5) years after the Completion of Work under each Contract. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement Section 7. WARRANTY 7.1 Requirement of Quality. Contractor warrants to Owner that (a) all materials and equipment furnished by Contractor are new (unless otherwise specified in the Contract Documents) and of good quality, (b) the Work is of first-class workmanship and free from defects and (c) the Work conforms with Applicable Requirements, the Contract Documents, where applicable. Any portion of the Work not conforming to these standards, including any substitutions not properly authorized, is deemed defective. 7.2 Two Year Warranty. Contractor guarantees all materials and workmanship for a period of two (2) years from the Completion of the Work as directed in the Contract. The warranty period for any corrected portion of the Work will be extended until one (1) year after each correction. This special two-year warranty is in addition to other contractual, implied and statutory warranties. Nothing contained herein will be deemed to limit Contractor’s liability for latent or patent defects or any statutory or implied warranties and it has no relationship to the time within which other obligations of Contractor under the Contract Documents may be enforced. 7.3 Correction of Work. As between Owner and Contractor, if any portion of the Work is found to be defective (a) prior to the Completion of Work or (b) during the warranty period, or such longer period of time as may be prescribed by the Contract Documents or Applicable Requirements, then Contractor must promptly repair or replace it to Owner’s satisfaction. Contractor must perform all necessary corrections within the shortest time possible, and must use overtime help and time saving procedures as Owner may require. If Contractor fails to initiate proper corrective action within twenty-four (24) hours after notice from Owner, fails to keep a confirmed appointment with Owner or Owner’s customer, or in the event of an emergency, the problem may be corrected by Owner, at Contractor’s cost. 7.4 Cost of Corrections. Contractor is responsible for all costs arising out of defective Work, including without limitation all costs of detection, correction or delay, Owner’s personnel and other costs allocable to troubleshooting, administration and the like, re-testing and reinspection costs, any consequential or other damages suffered by Owner and the cost of repairing or replacing all other work adversely affected. 7.5 Trained Warranty Personnel. Contractor warrants that it has employees trained or will train employees to perform warranty work. Contractor must provide specific warranty training as directed by Owner, and must provide Owner with a current list of these warranty service providers upon request. Contractor will dispatch ONLY such specially trained individuals to repair or replace Work found to be defective under the terms of the above warranty. 7.6 Product Warranties. Contractor shall provide Owner with copies of all product warranties, which relate to any materials or equipment (collectively referred to as products) installed by Contractor, including all documentation required to be provided to Owner pursuant to Section 4.4(b) above. Section 8. CONTRACTOR’S INDEMNITY 8.1 Defense and Indemnity. Contractor shall defend, indemnify and hold harmless the Town of Estes Park and its officers, directors, agents, employees, successors and Stanley Fairgrounds Site Work Town of Estes Park Master Agreement assigns (collectively, “Indemnity”) from all losses, claims (including, without limitation, personal injury, bodily injury, death of persons or damage to property), demands, allegations, damages, actions, obligations, causes of action, judgments, liabilities, costs and expenses (including, without limitation, attorneys’ fees, investigation costs, disbursements and court costs incurred as a result of such claims or in enforcing this indemnity provision, at trial and on appeal) (collectively, “Indemnity Losses”) arising out of, in connection with, or resulting from: (a) Any breach by or default of Contractor under this Agreement, including, without limitation, the failure of the Work to comply with Contract Documents, deviations in the Work from any plans or specifications provided by Owner; and/or defects in the Work; (b) Any alleged or actual infringement or violation of any trademark, patent, copyright, unfair trade or other intellectual property rights arising in connection with the Work, except where Owner specifies a particular process or product of a particular manufacturer and Contractor does not know, and reasonably should not know, of any infringement or violation; (c) The injury or death of any person (including Contractor’s and its subcontractors’ and suppliers’ officers, directors, agents or employees) or damage to property of any kind (including loss of use) arising out of or in any way connected with any of the following acts or omissions by Contractor, its subcontractors, suppliers or others under the control of Contractor or for whom Contractor is responsible: i. Any willful misconduct or other intentionally wrongful acts; ii. Any acts or omissions giving rise to punitive damages; iii. Any acts or omissions in connection with ownership, maintenance, use (including transport of mobile equipment) or loan to others of aircraft, automobiles or watercraft owned or operated by or leased or loaned to Contractor, its subcontractors or suppliers or others under the control of Contractor or for whom Contractor is responsible; or iv. Any negligent act, error or omission of Contractor, its subcontractors, suppliers or others under the control of Contractor or for whom Contractor is responsible in connection with the Project, including, without limitation, the negligent performance of, or errors or omissions in, the performance or non-performance of the Work. The defense and indemnity obligations in Section 8.1 will apply regardless of whether the event giving rise to the defense and indemnity obligation is caused in part by the negligence (passive or active), breach of warranty or strict liability of Owner, its architect, engineer, or any Indemnity, but will not apply as to Owner or a particular Indemnity if the Loss is caused solely by the negligence or willful misconduct of Owner or that Indemnity, respectively, or solely by defects in designs furnished by Owner. Contractor’s obligation to indemnify under this Section 8 is independent from and in addition to Contractor’s duty to defend. 8.2 Subcontracts. Contractor shall incorporate the provisions of this Section 8 in written contracts with its subcontractors and suppliers. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 8.3 Survival. The provisions of this Section 8 shall survive the Completion of Work and the expiration or earlier termination of this Master Agreement and/or the Contract. Section 9. INSURANCE AND BONDS 9.1 Business Auto Liability Insurance and Workers Compensation and Employer’s Liability Insurance 9.1(a) Business Auto Liability Insurance. Contractor and subcontractors must secure and maintain at their own cost Business Auto Liability Insurance in the amount of $1,000,000 each occurrence combined single limit for bodily injury and/or property damage liability, including coverage for: (a) Owned automobiles. (b) Hired or borrowed automobiles. (c) Non-owned automobiles. Contractor must provide a Certificate of Insurance to Owner evidencing such coverage prior to commencing the Work. The Certificate must include endorsements (1) naming Owner, the owner of the Project, and such additional parties as Owner reasonably designates, as additional insureds and (2) providing thirty (30) days’ written notice to Owner in the event of cancellation or material reduction in coverage, except for non- payment of premiums for which notice will be ten (10) days. 9.1(b) Worker’s Compensation and Employer’s Liability Insurance. Contractor and subcontractors must secure and maintain, at their own cost, Worker’s Compensation and Employer’s Liability Insurance for all operations. Worker’s Compensation insurance shall include coverage under the U.S. Longshoremen’s and Harborworker’s Act, if applicable. The Worker’s Compensation insurance shall be in the form and amount required by applicable statute. The Employer’s Liability minimum limits are as follows: (a) $1,000,000 each accident (b) $1,000,000 each Disease - Policy Limit (c) $1,000,000 Disease – Each Employee Contractor and subcontractors must provide a certificate of insurance evidencing such coverage prior to commencing the work. The Worker’s Compensation policy must contain endorsements providing (i) waiver of subrogation in favor of The Town of Estes Park and (ii) 30 days written notice to The Town of Estes Park in the event of cancellation or reduction in coverage, except for non- payment of premiums, for which notice must be ten days. 9.2 Certificates. Owner will provide all contractors and subcontractors with appropriate evidence of insurance. A separate policy will be issued to each contractor and subcontractor for workers’ compensation and employer’s liability insurance. General liability insurance will be covered through a master policy. A certificate of insurance will Stanley Fairgrounds Site Work Town of Estes Park Master Agreement be issued to each covered contractor and subcontractor as evidence of the general liability insurance. 9.3 Contractor’s Responsibilities. Contractors and subcontractors must cooperate with Owner and Owner’s insurance administrator. Contractor’s and subcontractors’ responsibilities include without limitation timely (a) providing necessary contract, operations and insurance information, (b) notifying Owner’s insurance administrator of all subcontracts awarded, (c) maintaining and providing monthly payroll records and other records as necessary for premium computation, for a period of at least one year after the Completion of Work (which Owner and insurance companies may audit periodically), (d) complying with loss control, safety, accident prevention and claims reporting and handling procedures, and other procedures specified in the insurance manual to be provided by Owner, (e) maintaining the OSHA 200 Log to be provided monthly to Owner and (f) notifying their insurance brokers and insurers of the coverage provided and immediately reporting all new subcontractors to Owner for potential enrollment . Contractor’s failure to meet the timely reporting requirements to Owner’s insurance administrator will subject Contractor to paying (as set forth in Section 9.5 below) premiums estimated by Owner’s insurance administrator that may otherwise exceed costs determined from timely reports by Contractor. The procedure for Owner’s estimating Contractor’s premium obligations are as set forth in Owner’s Insurance Manual as may be adjusted from time to 9.4 INSURANCE Contractor must secure and maintain, at its own cost, the following insurance coverage and must provide evidence of such insurance via a certificate of insurance. 9.4(a) Worker’s Compensation and Employer’s Liability Insurance shall be as specified in Section 9.1(b). 9.4(b) General Liability Insurance shall be on an occurrence basis with minimum limits as follows: (a) $1,000,000 – Each Occurrence (b) $2,000,000 – General Aggregate General Liability Insurance must include the following coverage: (i) Independent Contractor’s coverage (liability which Contractor may incur as a result of the operations, acts or omissions of subcontractors, suppliers and their agents or employees); (ii) Blanket Contractual coverage, including both oral and written contracts and including obligations assumed by Contractor under this Agreement (including without limitation, coverage to the maximum extent possible for the indemnification contained in this Agreement); (iii) Personal injury coverage; (iv) Broad Form Propety Damage coverage, including completed operations; (v) An endorsement naming Owner and such additional parties as Owner designates as additional insureds. The endorsement must be ISP Form CG2012 11/85 Edition or its equivalent. The endorsement must cover the acts of subcontractors or suppliers; Stanley Fairgrounds Site Work Town of Estes Park Master Agreement (vi) An endorsement providing the insurance is primary as respects Owner, and any insurance maintained by Owner is excess and non- contributing; and (vii) An endorsement providing 30 days written notice to Owner in the event of cancellation or reduction of coverage, except for non-payment of premiums, for which notice must be ten days. No endorsement limiting or excluding a standard coverage is permitted. Claims-made coverage or modified occurrence is not acceptable. 9.4(c) Business Auto Liability Insurance shall be as specified in Section 9.1(a). 9.4(d) Additional Insurance. Other insurance, in an amount as specified by Owner in any Contract, if required by Owner for a particular Scope of Services. 9.4(e) Insurance Requirements and Limitations. 9.4(e)(1) Certificates and endorsements in a form reasonably acceptable to Owner demonstrating compliance with the above requirements (or at Owner’s request) certified copies of the actual policies) must be delivered to Owner before Contractor performs any Services. 9.4(e)(2) All insurance specified herein or in contract documents to be furnished by Contractor must be issued by a company or companies, which maintain a full profile rating from AM Best of at least A-VIII unless expressly modified in writing by Owner. 9.4(e)(3) Contractor must maintain all of the above insurance coverage in force until final Completion of Services, or earlier cancellation of this Agreement or termination of any Contract, except that the Professional Liability Insurance must be maintained for a period of three years after said date, and if written on a claims made basis must be retroactive to the date Services were first rendered under this Agreement. 9.4(e)(4) If Contractor fails to purchase or maintain the insurance herein specified, Owner will have the right, but not the obligation, to purchase such insurance on behalf of and at Contractor’s cost. Contractor must deliver all information required to facilitate Owner’s purchase. If Contractor’s insurance does not comply with the above requirements, Town of Estes Park will have the right to charge Contractor any additional premium charged by Owner’s insurer. 9.4(e)(5) The use of self-insured retentions or deductibles for professional liability coverage in excess of $50,000 or self-insured retentions or deductibles in excess of $10,000 for all other coverage required by this Section 9 will not be allowed unless specifically approved by Owner in advance and in writing. Contractor is fully responsible for payment of any self- insured retentions or deductibles, regardless of their amount. 9.4(e)(6) The insurance requirements set forth herein will not limit Contractor’s obligations under this Agreement or any Contract. The requirements simply represent the minimum amounts of insurance coverage required Stanley Fairgrounds Site Work Town of Estes Park Master Agreement to be maintained by Contractor. Any failure by Owner to enforce any of these provisions in a timely manner will not act as a waiver of enforcement of any of the provisions at a later date. 9.4(e)(7) Owner and Contractor waive all rights against each other and subcontractors, suppliers, agents and employees of each other, for damages caused by fire or other perils to the extent covered by property insurance applicable to the Services, but only to the extent that such insurance policies permit such waiver. Each party will obtain a waiver of subrogation endorsement to the policies required to be obtained by it, if applicable. 9.5. Bonds. Prior to the issuance of the Notice to Proceed, Contractor shall furnish to Owner a Performance Bond and a Payment Bond in the amount of the contract price. The bonds must be in a form and executed by a corporate surety satisfaction to Owner. Section 10. TERMINATION 10.1 Termination for Default. 10.1(a) Causes for Termination. Owner, at its option, may terminate Contractor’s right to further perform under the Contract Documents and complete the performance of the Work if Contractor breaches a material provision of the Contract Documents, and such failure or default, if curable, is not corrected within forty- eight (48) hours after written demand by Owner. A material breach includes, without limitation, any of the following: (1) Contractor files, or is the subject of, a petition for bankruptcy, (2) Contractor makes a general assignment for the benefit of its creditors, (3) a receiver is appointed on account of Contractor’s insolvency, (4) a writ of execution or attachment or any similar process is issued or levied against any bank accounts of Contractor, any property or assets of Contractor being used or required for use in the performance of the Work or any substantial portion of any other property or assets of Contractor, (5) Contractor fails to make prompt payment to employees, laborers, subcontractors or suppliers, (6) Contractor refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of material, (7) Contractor fails to properly and diligently prosecute the Work or (8) Contractor fails to perform the work in accordance with the Applicable Requirements or the Contract Documents. 10.1(b) Completion of Balance of Work. If Owner terminates the Contract under 10.1(a), Contractor will not be entitled to receive any further payment under the Contract Documents until the Completion of Work and expiration of the period in which any lien may be filed. If the unpaid balance of the Contract Price exceeds the expense incurred by Owner to finish the Work, any excess remaining, after deducting any other amounts due Owner under Section 6.5, will be paid to Contractor. If the expense exceeds the unpaid balance, Contractor must immediately pay the difference to Owner. 10.1(c) Non-Exclusive Remedy. Owner’s right to terminate Contractor’s right to perform under this Section 10.1 is in addition to and not in limitation of any other rights or remedies existing under the Contract Documents, at law or in equity, Stanley Fairgrounds Site Work Town of Estes Park Master Agreement including without limitation the right to recover damages from Contractor. Should any competent authority with jurisdiction, whether an arbitrator or a court, determine that Owner’s termination for cause was in error and that Owner was in breach for so terminating Contractor, the termination will be deemed a termination for convenience and Contractor’s remedies will be limited to those provided in Section 10.2. 10.2 Termination for Convenience. 10.2(a) Termination Procedure. At any time and for any or no reason Owner may terminate: (1) any or all of the Contract(s); and, (2) this Master Agreement for Owner’s convenience by written notice to Contractor. Unless the notice directs otherwise, upon receipt of such notice, Contractor must immediately discontinue the Work and the placing of orders for materials in connection with the Work, and if requested, must make every reasonable effort to procure cancellation of all existing orders or subcontracts upon terms satisfactory to Owner, or at Owner’s option give Owner or Owner’s assignee the right to assume and receive all benefits to be derived from those obligations directly. 10.2(b) Contractor’s Compensation. Upon termination under this Section 10.2, Contractor will be entitled, as its sole compensation, to the lesser of: (1) the actual, verifiable direct costs of the Work completed, plus a markup of fifteen percent (15%) aggregate, for Contractor and subcontractors and suppliers of all tiers, on those Costs for all indirect costs, impact costs, field supervision, administration, overhead and profit, or (2) the percentage of Work completed multiplied by the Contract Price, minus (in both clauses (1) and (2)) the amount of any payments made to Contractor prior to the date of termination and any amounts owed to Owner by Contractor under the Contract Documents. Contractor will not be entitled to any claim against Owner for unearned compensation, lost profits, lost opportunities or other damages. 10.3 Suspension. At any time and for any or no reason Owner may suspend the Work for Owner’s convenience by written notice to Contractor. Upon such suspension, Contractor will be entitled to compensation as outlined in Section 10.2 above for termination for convenience. Contractor will not be entitled to recover from Owner, on account of such suspension, any additional compensation or damages which Contractor incurs as a result of the suspension and subsequent start-up. If the Work is suspended, and then recommenced, the time for performance will be extended by the number of days the Work was actually delayed. If a suspension continues for more than one (1) year, Contractor as its sole remedy will have the option of terminating the Contract(s) on thirty (30) days’ written notice to Owner. Section 11. DISPUTE RESOLUTION PROCEDURE 11.1 Disputes. For any and all disputes between The Town of Estes Park and Contractor, the parties will endeavor to resolve all such disputes through good faith negotiations. If the parties are unable to negotiate a mutually acceptable resolution, the parties agree to appoint a third party mediator, whose fees they will split evenly. The parties agree to meet in good faith with the mediator in order to attempt to resolve the dispute. Pending final resolution of any claim, Contractor will proceed diligently with performance of the Work (unless Owner directs otherwise in writing) and Owner will Stanley Fairgrounds Site Work Town of Estes Park Master Agreement continue to make payments not the subject of the particular dispute in accordance with this Master Agreement and any applicable Contracts. Section 12. CONFIDENTIAL DISCLOSURE 12.1 Information Furnished by Owner. Information and ideas disclosed to Contractor in connection with the Contract Documents at any time in any form (including without limitation, orally, or in Plans, Specifications, software or other materials) which Owner considers proprietary and so indicates to Contractor at the time of disclosure or within a reasonable time after disclosure (“Proprietary Information”) are entrusted to Contractor only for use on behalf of Owner. Contractor must keep Proprietary Information in confidence and must neither use (other than in performance of the Work) nor disclose Proprietary Information except as authorized in writing by Owner. However, Contractor is not liable for use or disclosure of any Proprietary Information which is shown by clear and convincing proof to either have been known to Contractor at the time of receipt from Owner or to be in the public domain. 12.2 Information Developed by Contractor. Information and ideas developed by Contractor under or in the course of performing the Work are owned by Owner and if Owner so indicates to Contractor, such information and ideas will be treated as Proprietary Information in accordance with Section 12.1. 12.3 Ownership and Use of Documents. The Contract Documents are and will remain the property of Owner. Contractor must return or satisfactorily account for all Contract Documents upon termination or expiration of the Contract Documents and the Completion of Work. 12.4 Confidentiality. Contractor must not divulge information concerning the Work (including for example, cost information in applications of permits and approvals) to anyone other than the core team (consisting of Contractor, Owner and their respective authorized consultants, subcontractors and suppliers) without Owner’s prior written consent unless the information has been made public by Owner. Owner reserves the right to release all information as well as to time its release, form and content. Contractor must ensure that each of its employees, agents, subcontractors and suppliers, who now or subsequently are assigned to perform the Work, will comply with the confidentiality obligations set forth in this Section 12. Contractor must include these obligations in written contracts with agents, suppliers and subcontractors. These requirements will survive termination or expiration of the Contract Documents and the Completion of Work. 12.5 Requests for Disclosure. In the event any third party, including a governmental agency, requests verbal or written information from Contractor, Contractor must immediately notify Owner of such request by telephone, with written confirmation within three (3) days. Contractor must oppose any request on such grounds as Owner may have, or as directed by Owner, whether by legal process or otherwise. In such event, Owner will reimburse the reasonable expense of Contractor’s counsel. In the event the request is before any tribunal, Contractor must advise the tribunal of the confidential or privileged nature of the data requested. If Contractor is nevertheless required pursuant to judicial or administrative order to disclose the information, it may do so. Section 13. MISCELLANEOUS 13.1 Notice. Notices or communications with respect to routine performance and administration of the Work must be given by such means as may be appropriate to provide adequate communication, including written confirmation as necessary. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement All other notices, consents, requests, demands or other communications to or upon the respective parties must be in writing and will be effective for all purposes upon receipt on any Business Day before 5:00 PM local time and on the next Business Day if received after 5:00 PM or on other than a Business Day, including without limitation, in the case of (a) personal delivery, (b) delivery by messenger, express or air courier or similar courier, (c) delivery by United States first class certified or registered mail, postage prepaid and (d) transmittal by telecopier or facsimile, addressed to the parties at their respective addresses, as set out in the Contract or, if before any Contract, at the addresses below the parties’ signatures. A “Business Day” is any day other than a Saturday, Sunday or federal or state legal holiday. 13.2 No Waiver. Waiver by either party of any breach of this Master Agreement will not constitute a waiver of any subsequent breach of the same or any other provision. 13.3 Interpretation. The Section numbers are not part of the Master Agreement and may not be used for any interpretation of the meaning of this Master Agreement. They are supplied solely for convenience in locating provisions of the Master Agreement. 13.4 Governing Law; Severability. The performance and interpretation of the Contract Documents is governed by the internal laws of Colorado. If any provision of the Contract Documents is held to be invalid, in whole or in part, under any applicable federal, state, municipal or other law, ruling or regulation, then that provision will remain in effect to the extent permitted, and the remaining provisions will remain in full force and effect. 13.5 No Assignment by Contractor. Contractor may not assign, by operation of law or otherwise, any of its rights or obligations under the Contract Documents without Owner’s prior written consent, which may be granted or withheld in Owner’s sole discretion. The making of any assignment by Contractor, or any consent to it by Owner, will in no event relieve Contractor, or its surety, of any of its obligations under the Contract Documents. This Section 13.5 does not apply to the subcontracting by Contractor of a portion of the Work, under the Contract Documents. Subject to the above, the Contract Documents are binding upon and will inure to the benefit of the successors and permitted assigns of the parties. 13.6 Independent Contractor. Contractor is an independent contractor, and nothing in the Contract Documents may be construed to create a principal-agent, partnership, employer-employee or other relationship between Owner and Contractor. Contractor is solely responsible for directing, supervising and bearing all costs associated with its officers and employees, including without limitation (a) payroll taxes and health and other benefits and (b) federal and state taxes and insurance and contributions for social security and unemployment which are measured by wages, salaries or other remunerations paid to Contractor’s employees. 13.7 No Third Party Beneficiaries. No provision contained in the Contract Documents creates or gives to third parties any claim or right of action against Owner or Contractor. 13.8 Fair Construction. The Contract Documents must be construed as a whole in accordance with their fair meaning. 13.9 Attorneys’ Fees. In any default of the terms and conditions of this Master Agreement, the non- defaulting party shall be entitled to reasonable attorney’s fees and court costs from the defaulting party. Stanley Fairgrounds Site Work Town of Estes Park Master Agreement 13.10 Early Use By Owner. In its sole discretion, Owner will be permitted to occupy and/or use any portion of the Work, which has been either partially or fully completed by Contractor before the Completion of Work. This use or occupancy will not relieve Contractor of its warranty obligations to make good, at its own expense, any defect in materials, equipment or workmanship. Contractor will not be responsible for the maintenance of such portion of the Work as may be used and/or occupied by Owner, or for any damages whose proximate cause is Owner’s sole negligence or willful misconduct. 13.11 Condition Precedent. A condition precedent to the effectiveness of this Master Agreement is the execution and delivery of a Contract by Owner. 13.12 Survival. Indemnities, insurance requirements, confidentiality requirements, representations and warranties, and other provisions which by their nature are intended to continue after the Completion of Work, will survive expiration or termination of the Contract Documents and the Completion of Work. 13.13 Integration; Amendments. This Master Agreement contains the entire understanding between the parties and supersedes any prior written or oral agreements respecting the subject matter of this Master Agreement. There are no representations, agreements or understandings, oral or written, between the parties relating to the subject matter of this Master Agreement, which are not fully expressed in this Master Agreement. No act, usage or custom will be deemed to amend or modify this Master Agreement. This Master Agreement may not be modified or amended except in writing signed by the party against whom enforcement is sought. The parties have executed this Master Agreement as of the Effective Date. OWNER: Town of Estes Park By:______________________________ Authorized Agent By: Authorized Agent Address for Notices: Town of Estes Park 170 MacGregor Avenue Estes Park, CO Stanley Fairgrounds Site Work Town of Estes Park Master Agreement CONTRACTOR: By: __________________________________________________________________________ Name: _______________________________________________________________________ Title: ________________________________________________________________________ Date: ________________________________________________________________________ Address for Notices: Phone: Fax: Emergency Phone: Contractor’s Tax I.D. No. ______________________ Stanley Fairgrounds Site Work Town of Estes Park Town Contract TOWN OF ESTES PARK CONTRACT AGREEMENT THIS AGREEMENT is effective as of the day of , 2013 by and between the Town of Estes Park (TOEP), P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter called OWNER) and________________________________________ (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Site Civil Work to install infrastructure utilities and concrete walkways for both the Stanley Park Fairgrounds Multi-Purpose Events Center , and Stanley Park Fairgrounds Multi-Use Stall Barn Due to current construction activities for the Multi-Purpose Event Center building and the Multi-Use Stall Barn building, The Work is to be performed in two phases: Phase I includes installation of all underground utilities and is to be complete by September 10, 2013. Phase II includes installation of concrete walkways and surface features and is to be complete by November 27, 2013. Article 2. PROJECT MANAGER The Project Manager shall be determined by the TOEP Public Works Department, who is hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES Phase I of The Work must be substantially complete by September 10 , 2013. Phase II of The Work must be substantially complete by November 27 , 2013. Final payment can then be issued in accordance with the Contract Documents subject to applicable laws regarding final payment. Article 4. CONTRACTOR PRICE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit prices times the quantities of work actually completed. Unit prices are those shown in the Proposal. Quantities of work actually completed will be determined by the PROJECT MANAGER. Stanley Fairgrounds Site Work Town of Estes Park Town Contract Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by the PROJECT MANAGER as provided in the Contract Documents. 5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town’s Annual Vendor Payment Schedule on account of the Contract Price on the basis of CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as provided by the Contract Documents during construction as provided in paragraphs 5.1.1 and 5.2 below. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the Contract Documents. a. Ninety-five percent (95%) of Work completed (with the balance being retainage). b. Ninety-five percent (95%) with the balance being retainage of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in the Contract Documents). 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the Contract Documents, OWNER will publically advertise the Project Completion as required by Section 38-26-107 C.R.S. Should no claims be filed, the OWNER shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER as provided in the Contract Documents. Article 6. INTEREST Final payment will be made in accordance with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as provided in the Contract Documents shall bear interest at the rate of 10% per annum compounded monthly. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical data". 7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing the Work. 7.3 CONTRACTOR acknowledges it knows, understands, and accepts all plans, Stanley Fairgrounds Site Work Town of Estes Park Town Contract specifications, and design intent of the Work. 7.4 CONTRACTOR acknowledges it has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 7.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and timely completion of this project as illustrated by the plans, drawings, and specifications. 7.6 CONTRACTOR understands that it may make on-site layout and grading and construction modifications to achieve the desired intent. Such modifications/grading changes and layout cost are already included in the Contract Documents. 7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based Agreement, either based on: 1) unit prices 2) maximum lump sum amount: totaling $ __________ that shall not be exceeded or increased, except for contract changes allowed, agreed, and approved in writing. 7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to such damages or claims) to the OWNER or claimed by third parties against the OWNER, arising directly or indirectly out of CONTRACTOR'S negligent performance of any of the requirements, provisions, or services furnished under this Agreement. 7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the Contract Documents. 7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. Stanley Fairgrounds Site Work Town of Estes Park Town Contract 7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consisting of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement 8.3 Notice of Award 8.4 Notice to Proceed 8.5 Information for Bidders 8.6 Master Agreement 8.7 Project Manual 8.8 Drawings bearing the title: Stanley Park Fairgrounds Multi-Purpose Events Center Stanley Park Fairgrounds Multi-Use Stall Barn 8.9 Addenda (s) 8.10 Contractor’s Bid. (Bid Proposal, Bid sheet & Appendix) 8.11 Bid Bond 8.12 Performance & Payment Bond 8.13 Drawing or Plans (including CDOT and Larimer County documents as referenced) 8.14 Technical Specifications and Details. 8.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.16 Change Orders (post approval signatures) 8.17 Insurance Certificate, Business License, Tax Certification. 8.18 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents. The documents composing the Contract Documents are made part hereof (except as expressly noted otherwise above). Contractor is required to comply with applicable federal, state, and local safety and health laws, regulations and ordinances. There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract Documents. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Documents is as follows: 1. Change Orders for clarification of drawings 2. This Agreement 3. Addenda 4. Drawings Stanley Fairgrounds Site Work Town of Estes Park Town Contract 5. Master Agreement 6. Project Manual Article 9. MISCELLANEOUS 9.1 Reference to the Contract Documents shall include modification thereto by any Supplementary Conditions issued. 9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 Except for the intended beneficiaries of any "Payment Bond" executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the Retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 9.6 The OWNER has appropriated sufficient funds to pay the contract price 9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.8 Colorado Governmental Immunity Act. The parties hereto understand and agree that the TOWN and its officers, employees, volunteers, and agents are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time-to-time amended, or otherwise available by any other provision of law. Stanley Fairgrounds Site Work Town of Estes Park Town Contract IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by PROJECT MANAGER on their behalf. This Agreement will be effective as provided on the first page hereof. TOWN OF ESTES PARK By: ______________________________ By: __________________________ William C. Pinkham Title: _____________________________ Title: _________________________ (If CONTRACTOR is a corporation attach evidence of authority to sign.) Attest: ___________________________ Attest: _______________________ Address for giving notices: Address for giving notices: 170 MacGregor Avenue P. O. Box 1200 Estes Park, Colorado 80517 970-577-3586 PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: August 13, 2013 RE: Visitor Center Transit Facility Parking Structure Design Contract Objective: The objective is to obtain authorization to enter into an agreement for design services of the Visitors Center Transit Facility Parking Structure. Present Situation: The Town has received grant funding from various Federal and State programs to construct a transit parking structure directly east of the Visitor Center. The Town has subsequently obtained environmental approval from the Federal Government to proceed with construction of the project. The next step after environmental clearance was advertisement for design services. The Town has advertised a Request for Proposals and subsequently five proposals were received in response. After close review of these applications and an interview process, Walker Parking Consultants was determined to be the most qualified team for the project design. Staff has negotiated a fee of $619,887.00 dollars for the design and construction oversight of the project with Walker Parking Consultants. Proposal: Staff recommends the negotiated fee is appropriate for the proposed scope of services and Walker Parking Consultants is the most qualified respondent to the RFP. Staff therefore recommends the Town enter into a contract with Walker Parking Consultants for $619,887.00, with a contingency of 10% for the execution of these services. Advantages: Advantages include implementation of the next phase of the project as agreed with the Federal and State Governments to construct a Transit Parking Structure to expand and increase the efficiencies of transit systems in the Estes Valley and in RMNP. These efficiencies would result in a better visitor experience and reduce air and water pollution from reduced traffic congestion. Disadvantages: Disadvantages include this sizable structure impacting views along the river. This structure will be a significant vertical building in Estes Park, where such structures or architecture are not included in its current urban fabric. The structure will be vacant during several months unless additional uses can be incorporated. Action Recommended: Staff recommends the Town Board approve the contract with Walker Parking Consultants for $619,887.00. Staff also recommends approval of establishing a design and construction oversight budget of $681,875.00, which includes a contingency of 10% in addition to the contract amount. Budget: Federal and State grants = $545,500.00 Town of Estes Park = $136,375.00 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 and requests input on the facility design to assure a good aesthetic project. Sample Motion: I move for the approval/denial of establishing a design and construction oversight budget of $681,875.00. In addition, I move for the approval/denial of entering into an agreement with Walker Parking Consultants for the negotiated services and fee of $619,887.00. ESTES PARK TRANSIT PARKING STRUCTURE Page 1 of 14 Public Works Department AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered into this 14th day of August, 2013, by and between the Town of Estes Park, County of Larimer, State of Colorado (the “Town”) and Walker Parking Consultants, an independent contractor (“Consultant”). WHEREAS, the Town requires professional engineering services related to the Estes Park Transit Facility Parking Structure; 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 June 18th, 2013, which is provided as Exhibit A (and the original PW “Request for Proposal, May 24th, 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. 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 ESTES PARK TRANSIT PARKING STRUCTURE Page 2 of 14 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. Use of the Work Product for modification or completion of this Project by others or for other projects shall be at the Town’s sole risk. 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 XXXXXXXXXXXXXXXXXXXXXXXXXXXX ($00,000). 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. ESTES PARK TRANSIT PARKING STRUCTURE Page 3 of 14 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 administration 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 sixty percent (20 60 %) 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. G. The Consultant certifies, by signing this Agreement, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. ESTES PARK TRANSIT PARKING STRUCTURE Page 4 of 14 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a perquisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participation also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. 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 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 ESTES PARK TRANSIT PARKING STRUCTURE Page 5 of 14 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 reasonable 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 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. 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. IX. 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. ESTES PARK TRANSIT PARKING STRUCTURE Page 6 of 14 X. PROVISIONS REQUIRED BY THE FTA Incorporation of FTA Terms. FTA Circular 4220.1.E sets forth requirements pertaining to the solicitation, award, and administration of third-party contracts. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Consultant shall not perform any act, fail to perform any act, or refuse to comply with any Town of Estes Park (Town) requests that would cause the Town to be in violation of the FTA terms and conditions. Federal Changes. Consultant shall at all times comply with all applicable FTA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in any Master Agreement between the Town and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. Consultant's failure to so comply shall constitute a material breach of this Agreement. No Obligation by the Federal Government. The Town and Consultant acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the Town, Consultant, or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from this Agreement. Privacy Act. The Consultant agrees to comply with and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Consultant agrees to obtain the express consent of the Federal Government before the Consultant or its employees operate a system of records on behalf of the Federal Government. The Consultant understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Consultant certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Consultant further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Consultant to the extent the Federal Government deems appropriate. The Consultant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) or any successor statutes on the Consultant, to the extent the Federal Government deems appropriate. ESTES PARK TRANSIT PARKING STRUCTURE Page 7 of 14 The Consultant agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination. 1. Termination for Convenience of or Default. The Town may terminate this contract in whole or in part, for the Town's convenience or because of the failure of the Consultant to fulfill the contract obligations. The Town shall terminate by delivering to the Consultant a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Consultant shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Town, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Consultant to fulfill the contract obligations, the Town may complete the work by contact or otherwise and the Consultant shall be liable for any additional cost incurred by the Town. If, after termination for failure to fulfill contract obligations, it is determined that the Consultant was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Town. 2. Opportunity to Cure. The Town in its sole discretion may, in the case of a termination for breach or default, allow the Consultant an appropriately short period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Consultant fails to remedy to Town's satisfaction the breach or default of any of the terms, covenants, or conditions of this Agreement within [twenty (20) days] after receipt by Consultant of written notice from the Town setting forth the nature of said breach or default, the Town shall have the right to terminate the Contract without any further obligation to Consultant. Any such termination for default shall not in any way operate to preclude the Town from also pursuing all available remedies against Consultant and its sureties for said breach or default. 3. Waiver of Remedies for any Breach. In the event that the Town elects to waive its remedies for any breach by Consultant of any covenant, term or condition of this Agreement, such waiver by the Town shall not limit the Town's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. 4. 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 ESTES PARK TRANSIT PARKING STRUCTURE Page 8 of 14 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. 5. Termination by Consultant. The Consultant may terminate this Contract due to the failure of the Town to fulfill its Contract obligations. The Consultant shall give written notice to the Town setting forth the nature of said breach or default. The Town shall have thirty (30) days after receipt by the Town of the written notice to correct the breach or default. In the event of termination for default by the Town, the Consultant shall be compensated for all services performed through the date of termination. Energy Conservation. The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Civil Rights. Consultant agrees to comply with all applicable provisions of Federal laws, regulations, and directives pertaining to and prohibiting discrimination, including, but not limited to the following requirements that apply to the underlying contract: 1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Consultant agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity – The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex, Age- In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Consultant agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Consultant agrees to take affirmative action to ensure that applicants are employed, and that employees treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. ESTES PARK TRANSIT PARKING STRUCTURE Page 9 of 14 (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623, The Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 621 through 634, and Federal transit law at 49 U.S.C. § 5332, the Consultant agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Consultant agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. 3. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the extent applicable, Consultant agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 et eq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. §§ 4541 et seq., and with the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 201 et seq., and any amendments thereto. Disadvantaged Business Enterprises (DBE). This Agreement is subject to the requirements of Title 49, Code of Federal Regulations, Part 23 and 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The goal for this project is established as 4.8%. The Town agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. Lobbying Restrictions. Consultant shall comply with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352. Access to Records. Consultant shall permit the U.S. Secretary of Transportation, the Comptroller General of the United States, and, to the extent appropriate, the State, Town or their authorized representatives, upon their request to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its Subgrantees pertaining to the Project, as required by 49 U.S.C. § 5325(g). Consultant shall permit the U.S. Secretary of Transportation and the Comptroller General of the United States or their duly authorized representatives, access to all third party contract records to the extent required by 49 U.S.C. § 5325(g). ESTES PARK TRANSIT PARKING STRUCTURE Page 10 of 14 Compliance with Laws. Work by Illegal Aliens Prohibited. Consultant certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify Program or the State program established pursuant to C.R.S. § 8-17.5-102(5)(c). Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement and shall sign Exhibit D prior to the execution of this Agreement. Clean Water Requirements. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Clean Air Requirements. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Breaches and Dispute Resolution. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Town's Public Works Director. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Consultant mails or otherwise furnishes a written appeal to the Town's Public Works Director. In connection with any such appeal, the Contractor Consultant shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Public Works Director shall be binding upon the Consultant and the Consultant shall abide be by the decision. Performance during Dispute. Unless otherwise directed by the Town, Consultant shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages. Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of or damage. Remedies. Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Town and the Consultant arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agreesubmitted to non-binding mediation. Claims not resolved by mediation may be resolved through litigation. ESTES PARK TRANSIT PARKING STRUCTURE Page 11 of 14 Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Town, or Consultant shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 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 Ph. 970-577-3582 Consultant: Walker Parking Consultants Robert E. Stanley, P.E., NSPE, LEED AP 5350 South Roslyn Street, Suite 220 Greenwood Village, CO 80111 Ph. 303-694-6622 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. ESTES PARK TRANSIT PARKING STRUCTURE Page 12 of 14 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 ESTES PARK TRANSIT PARKING STRUCTURE Page 13 of 14 (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. ESTES PARK TRANSIT PARKING STRUCTURE Page 14 of 14 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: ESTES PARK TRANSIT PARKING STRUCTURE Page 1 of 13 Public Works Department AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered into this 14th day of August, 2013, by and between the Town of Estes Park, County of Larimer, State of Colorado (the “Town”) and Walker Parking Consultants, an independent contractor (“Consultant”). WHEREAS, the Town requires professional engineering services related to the Estes Park Transit Facility Parking Structure; 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 June 18th, 2013, which is provided as Exhibit A (and the original PW “Request for Proposal, May 24th, 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. 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 ESTES PARK TRANSIT PARKING STRUCTURE Page 2 of 13 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. Use of the Work Product for modification or completion of this Project by others or for other projects shall be at the Town’s sole risk. 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 Six Hundred Nineteen Thousand, Eight Hundred Eighty Seven dollars ($619,887.00). 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 ESTES PARK TRANSIT PARKING STRUCTURE Page 3 of 13 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. 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 administration 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 sixty percent (60 %) 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. G. The Consultant certifies, by signing this Agreement, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall ESTES PARK TRANSIT PARKING STRUCTURE Page 4 of 13 complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a perquisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participation also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. 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 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. ESTES PARK TRANSIT PARKING STRUCTURE Page 5 of 13 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 reasonable 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 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. 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. IX. 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. ESTES PARK TRANSIT PARKING STRUCTURE Page 6 of 13 X. PROVISIONS REQUIRED BY THE FTA Incorporation of FTA Terms. FTA Circular 4220.1.E sets forth requirements pertaining to the solicitation, award, and administration of third-party contracts. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Consultant shall not perform any act, fail to perform any act, or refuse to comply with any Town of Estes Park (Town) requests that would cause the Town to be in violation of the FTA terms and conditions. Federal Changes. Consultant shall at all times comply with all applicable FTA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in any Master Agreement between the Town and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. Consultant's failure to so comply shall constitute a material breach of this Agreement. No Obligation by the Federal Government. The Town and Consultant acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the Town, Consultant, or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from this Agreement. Privacy Act. The Consultant agrees to comply with and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Consultant agrees to obtain the express consent of the Federal Government before the Consultant or its employees operate a system of records on behalf of the Federal Government. The Consultant understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Consultant certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Consultant further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Consultant to the extent the Federal Government deems appropriate. The Consultant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) or any successor statutes on the Consultant, to the extent the Federal Government deems appropriate. ESTES PARK TRANSIT PARKING STRUCTURE Page 7 of 13 The Consultant agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination. 1. Termination for Convenience or Default. The Town may terminate this contract in whole or in part, for the Town's convenience or because of the failure of the Consultant to fulfill the contract obligations. The Town shall terminate by delivering to the Consultant a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Consultant shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Town, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Consultant to fulfill the contract obligations, the Town may complete the work by contact or otherwise and the Consultant shall be liable for any additional cost incurred by the Town. If, after termination for failure to fulfill contract obligations, it is determined that the Consultant was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Town. 2. Opportunity to Cure. The Town in its sole discretion may, in the case of a termination for breach or default, allow the Consultant an appropriately short period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Consultant fails to remedy to Town's satisfaction the breach or default of any of the terms, covenants, or conditions of this Agreement within [twenty (20) days] after receipt by Consultant of written notice from the Town setting forth the nature of said breach or default, the Town shall have the right to terminate the Contract without any further obligation to Consultant. Any such termination for default shall not in any way operate to preclude the Town from also pursuing all available remedies against Consultant and its sureties for said breach or default. 3. Waiver of Remedies for any Breach. In the event that the Town elects to waive its remedies for any breach by Consultant of any covenant, term or condition of this Agreement, such waiver by the Town shall not limit the Town's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. 4. 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 ESTES PARK TRANSIT PARKING STRUCTURE Page 8 of 13 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. 5. Termination by Consultant. The Consultant may terminate this Contract due to the failure of the Town to fulfill its Contract obligations. The Consultant shall give written notice to the Town setting forth the nature of said breach or default. The Town shall have thirty (30) days after receipt by the Town of the written notice to correct the breach or default. In the event of termination for default by the Town, the Consultant shall be compensated for all services performed through the date of termination. Energy Conservation. The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Civil Rights. Consultant agrees to comply with all applicable provisions of Federal laws, regulations, and directives pertaining to and prohibiting discrimination, including, but not limited to the following requirements that apply to the underlying contract: 1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Consultant agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity – The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex, Age- In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Consultant agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Consultant agrees to take affirmative action to ensure that applicants are employed, and that employees treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. ESTES PARK TRANSIT PARKING STRUCTURE Page 9 of 13 (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623, The Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 621 through 634, and Federal transit law at 49 U.S.C. § 5332, the Consultant agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Consultant agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. 3. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the extent applicable, Consultant agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 et eq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. §§ 4541 et seq., and with the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 201 et seq., and any amendments thereto. Disadvantaged Business Enterprises (DBE). This Agreement is subject to the requirements of Title 49, Code of Federal Regulations, Part 23 and 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The goal for this project is established as 4.8%. The Town agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. Lobbying Restrictions. Consultant shall comply with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352. Access to Records. Consultant shall permit the U.S. Secretary of Transportation, the Comptroller General of the United States, and, to the extent appropriate, the State, Town or their authorized representatives, upon their request to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its Subgrantees pertaining to the Project, as required by 49 U.S.C. § 5325(g). Consultant shall permit the U.S. Secretary of Transportation and the Comptroller General of the United States or their duly authorized representatives, access to all third party contract records to the extent required by 49 U.S.C. § 5325(g). ESTES PARK TRANSIT PARKING STRUCTURE Page 10 of 13 Compliance with Laws. Work by Illegal Aliens Prohibited. Consultant certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify Program or the State program established pursuant to C.R.S. § 8-17.5-102(5)(c). Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement and shall sign Exhibit D prior to the execution of this Agreement. Clean Water Requirements. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Clean Air Requirements. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Breaches and Dispute Resolution. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Town's Public Works Director. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Consultant mails or otherwise furnishes a written appeal to the Town's Public Works Director. In connection with any such appeal, the Consultant shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Public Works Director shall be binding upon the Consultant and the Consultant shall abide by the decision. Performance during Dispute. Unless otherwise directed by the Town, Consultant shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages. Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Remedies. Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Town and the Consultant arising out of or relating to this agreement or its breach will be submitted to non-binding mediation. Claims not resolved by mediation may be resolved through litigation. ESTES PARK TRANSIT PARKING STRUCTURE Page 11 of 13 Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Town, or Consultant shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 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 Ph. 970-577-3582 Consultant: Walker Parking Consultants Robert E. Stanley, P.E., NSPE, LEED AP 5350 South Roslyn Street, Suite 220 Greenwood Village, CO 80111 Ph. 303-694-6622 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. ESTES PARK TRANSIT PARKING STRUCTURE Page 12 of 13 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. ESTES PARK TRANSIT PARKING STRUCTURE Page 13 of 13 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: Town Administrator Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: August 13, 2013 RE: Strategic Plan - Adoption of 5-7 Year Goals & 2014 Objectives. Objective: To adopt the Board’s goals and 2014 objectives. Present Situation: The Board developed a set of long term goals and 2014 objectives at several study sessions in late May, June and July. Since that time, we have been refining these goals and objectives to more clearly articulate the goals and objectives, with final review taking place at a Board study session on July 23rd. These are now ready for Board approval. This will provide guidance for staff as they prepare their 2014 budgets and work plans. Proposal: That the Board formally adopt the revised Vision, Mission, Key Outcome Areas, Goals and 2014 objectives. Advantages:  Sets the strategic direction for future town operations  Gives direction to staff for budget preparation and prioritization of actions  Communicates to the public the key areas the Board believes to be important and what the direction the town will be taking. Disadvantages:  none Action Recommended: Adoption of the vision, mission, key outcome areas, goals and 2014 objectives, including the adoption of the key outcome areas as the final segment in the boards adoption of policy governance, the Ends section. Budget: n/a Level of Public Interest High Sample Motion I move for the adoption of the revised Town Vision and Mission statements, key outcome areas, goals and 2014 objectives, as presented.       2014 Strategic Plan  August 13th, 2013    VISION  The Town of Estes Park will enhance our position as a premier mountain community  MISSION  The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our  citizens, guests, and employees, while being good stewards of public resources and our natural setting.    KEY OUTCOME AREAS    1. Robust Economy ‐  We have a diverse, healthy year round economy  2. Infrastructure‐ We have reliable, efficient and up to date infrastructure serving our residents,  businesses and guests  3. Exceptional Guest Services ‐ We are the preferred Colorado mountain destination providing an  exceptional guest experience.  4. Public Safety, Health and Environment ‐  Estes Park is a safe place to live, work, and visit within  our extraordinary natural environment  5. Outstanding Community Services‐   Estes Park is an exceptionally vibrant, diverse, inclusive and  active mountain community in which to live, work and play, with housing available for all  segments in our community.  6. Governmental Services and Internal Support ‐    We provide high‐quality, reliable basic  municipal services for the benefit of our citizens, guests, and employees, while being good  stewards of public resources  7. Transportation ‐ We have safe, efficient and well maintained multi‐modal transportation  systems for pedestrians, vehicles and transit.    GOALS  (5‐7 YEARS )    1) Robust Economy  a) We will work to make Town codes and regulations more user friendly and easier to understand  and use, while ensuring they are effective and enforceable and support reasonable  development. We encourage the Board of Appeals to look at our regulations and codes and give  suggestions.  b) The Town encourages events, activities and development that enhance a year round economy  c) The Town participates as a partner in Local, Regional and State Economic Development efforts  d) We will encourage optimal the use of the PRPA/Town fiber infrastructure           2) Infrastructure  a) We will continue to address parking options throughout the Town.  b) We will continue to pursue grants and utilize available open space funding to develop  connectivity of trails in the Estes Valley in partnership with other local entities as described in  the Estes Valley Trails Master Plan.  c) We will provide safe access for users to the trail system  d) All of our Town Streets will be classified at a fair condition (~70%) or above  e) We will review the potential redevelopment of areas affected by the FLAP grant   f) We will upgrade the Glacier Creek Water Treatment plant to maintain redundant water  treatment.    3) Exceptional Guest Services  a) The MPEC  will meet the 2013 CH Johnson pro‐forma financial projections    4) Public Safety, Health and Environment  a) We will maintain safe and healthy environments on Town owned properties.  b) We will implement projects and policies to improve the quality of the environment.    5) Outstanding Community Services  a) We will plan and implement the celebration of the 100th Anniversary of the Town.  b) We will increase the capacity of the Museum and the Senior Center, considering the  recommendations of the Museum and Senior Center Master Plan  c) We will have available housing for all segments of our community.    6) Governmental Services and Internal Support  a) We will ensure town finances are strong with adequate fund balances and sustainable reserves.  b) We will maintain a well trained and educated town staff.   a) We will implement an enterprise wide document management system  b) We will conduct a citizen survey biennially to measure our performance and citizen preferences    2) Transportation  a) We will continue to address downtown traffic issues       2014 Board Objectives (1 year time frame)       1) Robust Economy  a) Begin revising regulations and codes, making them easier to understand and use, including  making it easier for citizens to find  all the codes, regulations and rules that are applicable to  their particular projects  b) Continue to participate in local, regional, and state economic development.    2) Infrastructure  a) Begin the construction of the visitor’s center parking structure  b) Complete the construction of the Multi Purpose Events Center and Stall Barn.  c) Complete the environmental studies required for the extension of the Fall River Trail using the  Paul Sarbanes Grant      d) Develop options for the improvements or replacement of the Glacier Creek Water Treatment  Plant  e) Develop a sustainable funding plan for facility maintenance   f) Identify best options for capitalizing on the PRPA/Town  fiber infrastructure for residents and  businesses    3) Exceptional Guest Services  a) Implement the operating and marketing plans for the Multi‐purpose Events Center  b) Develop a strategy for developing, evaluating, retaining and recruiting special events in the  Town, including a strategy for events management.    4) Public Safety, Health and Environment  a) Finalize an agreement  with the Colorado Department of Public Health and Environment on a  remediation plan for the Elm Road Landfill  b) Pursue emergency public advisory radio services  c) Evaluate and address potential required changes in radio frequencies    5) Outstanding Community Services  a) Revise the sign code  b) Update the comprehensive plan  c) Define the Town’s role in community housing issues  d) Complete the next phase  of the development of Bond Park e) Develop and adopt a policy for accepting public art, memorials and donations  f) Consider the recommendations of the Community Recreation and Wellness Center Feasibility  Study  g) Participate with Rocky Mountain National Park in preparations for their 100th Anniversary in  2015     6) Governmental Services and Internal Support  a) Complete a Citizen Survey  b) Increase compliance with business licenses/ permits of vacation home rentals, including tax  collection.  c) Implement the capital planning process.  d) Consider going to the citizens with a sales tax election in 2014 for funding specifically to support streets, infrastructure and other community improvements. e) Complete the revision and updating of Board and Administrative town policies.    7) Transportation  a) Evaluate and prioritize implementation of Transportation Visioning Committee signage  recommendations  b) Take any steps required for the FLAP Grant project.  c) Complete improvements to Dry Gulch Road.          The Town of Estes Park will enhance our position as a premier mountain community . Robust Economy We have a diverse, healthy year round economy We will work to make Town codes and regulations more user friendly and easier to understand and use, while ensuring they are effective and enforceable and support reasonable development. We encourage the Board of Appeals to look at our regulations and codes and give suggestions. Begin revising regulations and codes, making them easier to understand and use, including making it easier for citizens to find all the codes, regulations and rules that are applicable to their particular projects We will encourage optimal the use of the PRPA/Town fiber infrastructure The Town encourages events, activities and development that enhances a year round economy The Town participates as a partner in State, Regional and Local Economic Development efforts Continue to participate in county, regional, and state economic planning. Infrastructure We have reliable, efficient and up to date infrastructure serving our residents, businesses and guests Streets All Town Streets are classified at a fair condition (~70%) or above Trails and sidewalks We will provide safe access for users to the trail system We will continue to pursue grants and utilize available open space funding to develop connectivity of trails in the Estes Valley in partnership with other local entities as described in the Estes Valley Trails Master Plan. Complete the environmental studies required for the extension of the Fall River Trail using the Paul Sarbanes Grant We will review the potential redevelopment of areas affected by the FLAP grant Parking lots and transportation hubs We will continue to address parking options throughout the Town. Begin the construction of the visitor’s center parking structure Utilities Water We will upgrade the Glacier Creek Water Treatment plant to maintain redundant water treatment. Develop options for the improvements or replacement of the Glacier Creek Water Treatment Plant Fiber Optics (coordinated with PRPA)Identify best options for capitalizing on the PRPA/Town fiber infrastructure for residents and businesses Facilities and Real Property Develop sustainable funding plan for facility maintenance Complete the construction of the Multi Purpose Events Center and Stall Barn. Exceptional Guest Services We are the preferred Colorado mountain destination providing an exceptional guest experience. Special Events Fairgrounds The MPEC will meet the 2013 CH Johnson pro-forma financial projections Events Develop a strategy for evaluating, recruiting and retaining special events in the Town, including a strategy for events Marketing Implement and evaluate the operating and marketing plans for the Multi-purpose Events Center Public Safety, Health and Environment Estes Park is a safe place to live, work, and visit within our extraordinary natural environment Pursue emergency public advisory radio services We will implement projects and policies to improve the quality of the environment. Evaluate and address potential required changes in radio frequencies We will maintain safe and healthy environments on Town owned properties Finalize an agreement with the Colorado Department of Public Health and Environment on a remediation plan for the Elm Road Landfill Outstanding Community Services Estes Park is an exceptionally vibrant, diverse, inclusive and active mountain community in which to live, work and play with housing available for all segments in our community. We will increase the capacity of the Museum and the Senior Center, considering the recommendations of the Museum and Senior Center Master Plan We will plan and implement the celebration of the 100th Anniversary of the Town. Parks Develop and adopt a policy for accepting public art, memorials and donations Develop and adopt a policy for accepting public art, memorials and donations Complete the next phase of the development of Bond Park Consider the recommendations of the Community Recreation and Wellness Center Feasibility Study We will have available housing for all segments of our community. Define the Town's role in community housing issues Planning and Land useUpdate the Comprehensive Plan Revise Sign Code Participate with Rocky Mountain National Park in preparation for their 100th Anniversary in 2015 Governmental Services and Internal Support We provide high-quality, reliable basic municipal services for the benefit of our citizens, guests, and employees, while being good stewards of public resources Consider going to the citizens with a sales tax election in 2014 for funding specifically to support streets, infrastructure and other community improvements. Increase compliance with business licenses/permits of vacation home rentals, and including tax collection. We will implement an enterprise wide document management system We will conduct a citizen survey biennially to measure our performance and citizen preferences Complete a Citizen Survey Implement the capital planning process. We will maintain a well trained and educated town staff. Complete the revision and updating of Board and Administrative town policies. We will ensure Town Finances are strong with adequate fund balance and sustainable reserves. Transportation - We have safe,efficient and well maintained multi-modaltransportation systems for pedestrians, vehicles and transit We will continue to address the downtown traffic issues.Take any steps required for the FLAP Grant project. Evaluate and prioritize implementation of Transportation Visioning Committee signage recommendations Complete improvements to Dry Gulch Road. 2014 STRATEGY MAP 8-13-13 Key Outcome Areas Mission The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. 5-7 year goals 2014 Board Objective 2014 strategy goals objectives onlyh.mmap - 8/2/2013 - Mindjet 1 TOWN OF ESTES PARK GOVERNING POLICIES MANUAL Table of Contents Category 4. Ends Statements Policy 3.0 Ends Statements and Key Outcome Areas of the Board of Trustees 2 POLICY TYPE: BOARD ENDS STATEMENTS POLICY 4.0 POLICY TITLE: Ends Statements and Key Outcome Areas of the Board of Trustees 1. Robust Economy ‐  We have a diverse, healthy year round economy  2. Infrastructure‐ We have reliable, efficient and up to date infrastructure serving our residents, businesses and guests  3. Exceptional Guest Services ‐ We are the preferred Colorado mountain destination providing an exceptional guest  experience.  4. Public Safety, Health and Environment ‐  Estes Park is a safe place to live, work, and visit within our extraordinary  natural environment  5. Outstanding Community Services‐   Estes Park is an exceptionally vibrant, diverse, inclusive and active mountain  community in which to live, work and play, with housing available for all segments in our community.  6. Governmental Services and Internal Support ‐    We provide high‐quality, reliable basic municipal services for the  benefit of our citizens, guests, and employees, while being good stewards of public resources  7. Transportation ‐ We have safe, efficient and well maintained multi‐modal transportation systems for pedestrians,  vehicles and transit.