HomeMy WebLinkAboutPACKET Town Board 2022-09-27The 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.
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programs, and activities and special communication arrangements for persons with disabilities.
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BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, September 27, 2022
7:00 p.m.
In Person Meeting – Mayor, Trustees, Staff and Public
ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
Tuesday, September 27, 2022. All comments will be provided to the Board for consideration during
the agenda item and added to the final packet.
REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING
Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar
which will be moderated by the Town Clerk’s Office. Instructions are also available at
www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”.
Individuals participating in the Zoom session should also watch the meeting through that site, and not
via the website, due to the streaming delay and possible audio interference.
CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040
ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. POLICY GOVERNANCE MONITORING REPORT - POLICY 3.8.
Board Policy 2.3 establishing reporting requirements for the Town Administrator under
Policy Governance. Policy 3.8 is reported on each September.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated September 13, 2022, Town Board Study Session Minutes
dated September 13, 2022, and Special Joint Study Session Minutes dated
September 19, 2022.
3. Comprehensive Plan Advisory Committee Minutes dated July 28, 2022
(acknowledgment only).
Prepared 09-16-2022
*Revised 09-23-2022
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4. Estes Park Board of Adjustment Minutes dated July 12, 2022 (acknowledgment only).
5. Estes Park Planning Commission Minutes dated June 21, 2022 (acknowledgment
only).
6. Family Advisory Board Minutes dated August 4, 2022 (acknowledgement only).
7. Resolution 67-22 USDA Loan Resolution to fund the Prospect Mountain Water System
Reconstruction Project.
8. Resolution 68-22 Intergovernmental Agreements with the United States Department of
Agriculture (USDA) for Grant Funding and Loan Financing to Support the
Reconstruction of the Former Prospect Mountain Water Distribution System and
USDA Financing Agreements for Construction of the Replacement Water Distribution
System of the Former Prospect Mountain Water Company, comprised of a Grant, a
40-Year Loan with Interest and Declaring an Emergency.
9. Resolution 76-22 Contracts for Water System Infrastructure Upgrades with Multiple
Consultants.
10. Resolution 77-22 Covenant and Grant Award for Birch Ruins Preservation Phase II
with State of Colorado.
11. Letter of Support for two Grant Applications to Colorado Department of Transportation
2023 Capital, Planning, Administrative, Operating, and Mobility Management Transit
Projects.
12. Letters of Support for Grant Applications to Colorado Department of Transportation
and Colorado Parks and Wildlife for Fall River Trail construction.
13. Resolution 78-22 An Intergovernmental Agreement with the Estes Park Local
Marketing District regarding November 2022 Election Costs.
14. Reappointment of Lynn Lawson to the Estes Valley Public Library District Board of
Trustees for a four-year term beginning January 1, 2023 and expiring December 31,
2026.
15. Acceptance of Town Administrator Policy Governance Monitoring Report.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ESTES PARK HOUSING AUTHORITY BOARD OF COMMISSIONERS EXPANSION.
Town Administrator Machalek.
Consideration of expansion of the Board of Commissioners of the Estes Park Housing
Authority from five (5) to "up to seven (7) members.
LIQUOR ITEMS:
1. RESOLUTION 79-22 NEW LODGING AND ENTERTAINMENT LIQUOR LICENSE
APPLICATION FOR DELLA TERRA LLC DBA DELLA TERRA EVENTS, 3501 FALL
RIVER DRIVE, ESTES PARK, COLORADO. Town Clerk Williamson.
To consider a new liquor license application and to consider the needs and desires of
the neighborhood.
2. RESOLUTION 80-22 NEW HOTEL AND RESTAURANT LIQUOR LICENSE
APPLICATION FOR DELLA TERRA LLC DBA DELLA TERRA MOUNTAIN
CHATEAU, 3501 FALL RIVER DRIVE, ESTES PARK, COLORADO. Town Clerk
Williamson.
To consider a new liquor license application and to consider the needs and desires of
the neighborhood.
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ACTION ITEMS:
1.ORDINANCE 15-22 THE TOWN ACTING BY AND THROUGH THE TOWN'S
WATER ACTIVITY ENTERPRISE AUTHORIZES A $4,493,000 INTERIM
CONSTRUCTION LOAN FOR THE RECONSTRUCTION OF THE FORMER
PROSPECT MOUNTAIN WATER COMPANY DISTRIBUTION SYSTEM, BACKED
BY THE USDA AND REPAID BY THE CUSTOMERS WITHIN THE BOUNDARY OF
THE FORMER PROSPECT MOUNTAIN WATER COMPANY AND DECLARING AN
EMERGENCY. Director Bergsten and Manager Wesley.
An Interim construction loan to cash flow the rebuild of the PMWC water system. The
USDA-RD is financially backing the project with a loan and grant.
2.RESOLUTION 81-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #4. Director
Hudson.
3.RESOLUTION 82-22 AWARDING THE USDA-RD FINANCED CONSTRUCTION
CONTRACT TO REBUILD THE PROSPECT MOUNTAIN WATER SYSTEM. Director
Bergsten and Manager Wesley.
This contract will rebuild the former Prospect Mountain Water Company System. We
received eight competitive bids, and Wagner Construction was the lowest, responsible,
and responsive bidder.
4.ORDINANCE 16-22 AMENDING THE ESTES PARK MUNICIPAL AND
DEVELOPMENT CODES REGARDING VIRTUAL MEETINGS. Town Administrator
Machalek.
An ordinance providing the Town Board with the ability to meet virtually in the case of
a qualifying event.
5.APPROVE FRAMEWORK FOR EXPENDITURE OF POTENTIAL LODGING TAX
REVENUES. Assistant Town Administrator Damweber.
Town Board approval of the proposed framework regarding expenditure of potential
lodging tax revenues to address workforce housing and childcare needs in the Estes
Valley.
6.INTERVIEW COMMITTEE FOR THE FAMILY ADVISORY BOARD. Town Clerk
Williamson.
7.INTERVIEW COMMITTEE FOR THE ESTES PARK PLANNING COMMISSION.
Town Clerk Williamson.
ADJOURN.
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****Additional Action Item added during the meeting.
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Town Administrator’s Office Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: September 27, 2022
RE: Policy Governance Monitoring Report – Policy 3.8
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Policy
QUASI-JUDICIAL YES NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board.
Reporting on Policy 3.8 – Compensation and Benefits is required in September of each
year.
Policy 3.8 states:
“With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall not
cause or allow jeopardy to fiscal integrity.”
This report constitutes my assurance that, as reasonable interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
Travis Machalek
Town Administrator
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Policy 3.8: With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall not cause or
allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he
or she may not:
3.8.1: Change his or her own compensation and benefits
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that would
result in a personal financial benefit, including modifying my benefits, leave
provisions, or compensation in any way that is not defined in my employment
agreement or specifically approved by the Town Board.
Compliance with the policy will be achieved when: All of my compensation
and benefits remain as approved by the Board through either my employment
agreement or by specific action of the Town Board.
Evidence:
1. The adopted budget and Annual Comprehensive Financial Report
document that I have not taken any action to change my own
compensation or benefits.
Report: I report compliance.
3.8.2: Promise or imply permanent or guaranteed employment
Status: Compliance
Interpretation: I interpret this to mean that I cannot make any statements to
current or potential employees that they can be assured of guaranteed employment
with the Town of Estes Park.
Compliance with the policy will be achieved when: I did not make any
comments, verbally or in writing to any employee that can be construed as
implying permanent or guaranteed employment.
Evidence:
1. Since this is a requirement NOT to do something, the evidence would be
for non-compliance (a substantiated allegation that such a promise or
implication was made). No such allegations have been raised with myself,
Human Resources, or with the Town Board.
Report: I report compliance
Attachment 1
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3.8.3: Establish current compensation and benefits which deviate materially for the
regional or professional market for the skills employed
Status: Compliance
Interpretation: I interpret this to mean we regularly compare our compensation
and benefits to the regional market. That market has been defined in Policy 301 as
adopted by the Board. The specifics of the market comparison process are defined
in Policy 301.
Compliance with the policy will be achieved when: I ensure we fully comply
the procedures and steps outlined in the Board adopted Policy 301 regarding
Classification and Compensation
Evidence:
1. The compensation study, as prepared by the Town Compensation
Consultant under the supervision of Human Resources staff.
2. Published Compensation schedules and Classification plan which is
congruent with the results of the annual Compensation Study.
3. Specifics of the compensation model and most recent study are available
for inspection upon request.
Report: I report compliance.
3.8.4: Establish deferred or long-term compensation and benefits, without approval
of the Town Board.
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that would
create or change any deferred or other long-term compensation for any employees
without specific Board approval.
Compliance with the policy will be achieved when: There have been no
changes to anyone’s deferred or other long-term compensation or benefits without
Board approval.
Evidence:
1. The adopted budget and the Annual Comprehensive Financial Report
document that I have not taken any action to change any long-term
compensation or benefits without the prior approval of the Board.
Report: I report compliance.
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Town of Estes Park, Larimer County, Colorado, September 13, 2022
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 13th day of September, 2022.
Present: Wendy Koenig, Mayor
Scott Webermeier, Mayor Pro Tem
Trustees Marie Cenac
Kirby Hazelton
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: None
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Martchink/Hazelton) to approve the Agenda as
presented, and it passed unanimously.
PUBLIC COMMENTS.
Greg Rosener/Town citizen stated the Estes Valley Short-term Rental Alliance was
created to support the November 2022 ballot issue to increase lodging tax. He provided
the mission of the organization and stated the Alliance would use all of its resources to
reach out to short-term rentals regarding the ballot issue.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: A ribbon cutting was held at
Good Samaritan Society – Estes Park Village celebrating their 19th anniversary and the
100th anniversary of the Good Samaritan Society. The draft comprehensive plan would
be available for review on the Town’s website in October 2022. The Estes Park Board of
Adjustment met to review two cases and the Board would begin meeting in person in
October 2022. Whether the Board role of Liaison to Western Heritage Inc should be
adjusted to Liaison to Rooftop Rodeo. The Colorado Association of Ski Towns met and
discussed short-term rentals and immigration issues. The Visit Estes Park Board met and
approved the official ballot language for the upcoming November 2022 election and
discussed the Beyond Elk promotion. The Larimer County Behavioral Health Policy
Council met and reported building of the in-patient facility was on schedule and should be
open August 2023. The Larimer County Solid Waste Policy Council discussed potential
increases to the regional landfill fees. The Town of Estes Park was presented an award
during the annual Scottish/Irish Highland Festival. The Family Advisory Board currently
has two vacancies on the Board and applications are being accepted. The Estes Park
EDC would meet to discuss the director report and the 2022 Fall B.A.S.E Program. The
9/11 Stair Climb was held September 11, 2022 with a 100 participants and volunteers
and planning has begun for a 2023 event.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek stated the Downtown Wayfinding Plan Virtual Open House
was underway. He provided statistical clarification on the number of short-term rental fires
in Estes Park; the statistic, which was previously stated at 60%, does include fires at
hotel/motel type accommodations in addition to vacation home licenses.
CONSENT AGENDA:
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Board of Trustees – September 13, 2022 – Page 2
1. Bills.
2. Town Board Minutes dated August 23, 2022, Town Board Study Session Minutes
dated August 23, 2022 and Special Joint Study Session Minutes dated August 19,
2022.
3. Audit Committee Minutes dated August 31, 2022.
4. Transportation Advisory Board Minutes dated July 20, 2022 (acknowledgment
only).
5. Revised Policy 305 – Benefits.
6. Resolution 69-22 Limited Waiver of Section 5.3 of the Intergovernmental
Agreement with Platte River Power Authority Regarding Changes to Billing Rate.
7. Resolution 70-22 Setting the Public Hearing for a New Hotel and Restaurant Liquor
License Application for Della Terra LLC dba Della Terra Mountain Chateau for
September 27, 2022.
8. Resolution 71-22 Setting the Public Hearing for a New Lodging and Entertainment
Liquor License Application for Della Terra LLC dba Della Terra Events for
September 27, 2022.
It was moved and seconded (Younglund/Webermeier) to approve the Consent
Agenda, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ESTES PARK HOUSING NEEDS: PAST, PRESENT, AND FUTURE. Estes Park
Housing Authority Board Chairperson Blackhurst provided a presentation on Estes
Park housing needs. He highlighted historical and consistent housing issues, the
previous housing studies conducted in 1990, 1999, 2008, and 2016, housing
needs versus housing growth, creation of the Estes Park Housing Authority,
commuter workforce, the current housing market, employers housing their own
employees, and the potential revenues to address workforce housing if the ballot
issue to increase the lodging tax passes.
LIQUOR ITEMS:
1. RESOLUTION 72-22 TRANSFER OF A RETAIL LIQUOR LICENSE FROM
RAMBO’S LONGHORN LIQUOR, INC., DBA RAMBO’S LONGHORN LIQUOR TO
AAA, INC., DBA LONGHORN LIQUOR, 1640 BIG THOMPSON AVENUE, ESTES
PARK, CO 80517. Mayor Koenig opened the public hearing and Town Clerk
Williamson presented Resolution 72-22. She reviewed the application for the
transfer of a Retail Liquor License, stating all paperwork and fees have been
submitted, and a temporary permit has been issued allowing continued sale of
alcohol during the transfer process. The applicant was aware of the Training for
Intervention Procedures requirement and would schedule the training in the near
future. The applicant was available for questions. Mayor Koenig closed the public
hearing and it was moved and seconded (Hazelton/MacAlpine) to approve
Resolution 72-22 for the Transfer of a Retail Liquor License from Rambo’s
Longhorn Liquor, Inc., dba Rambo’s Longhorn Liquor to AAA, Inc., dba
Longhorn Liquor, 1640 Big Thompson Avenue, and it passed unanimously.
ACTION ITEMS:
1. RESOLUTION 73-22 AMENDING THE INTERGOVERNMENTAL AGREEMENT
(IGA) WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR US
36/COMMUNITY DRIVE INTERSECTION IMPROVEMENTS. Director Muhonen
presented Resolution 73-22 to amend the IGA with CDOT for the US 36 and
Community Drive intersection. The amended contract accepts additional CDOT
funding and approves additional local funds which would address increased
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Board of Trustees – September 13, 2022 – Page 3
construction costs, employing a contractor to relocate electrical utility infrastructure,
and increased material costs. It was moved and seconded
(Webermeier/Younglund) to approve Resolution 73-22, and it passed
unanimously.
2. FEE WAIVER REQUEST, 1041 SOUTH SAINT VRAIN AVENUE, PROSPECTOR
APARTMENTS (FORMERLY KNOWN AS WIND RIVER APARTMENTS), RURAL
COZ ESTES PARK LLC, OWNER/TRIUMPH DEVELOPMENT WEST,
APPLICANT. Director Garner presented the fee waiver request for Prospector
Apartments. The development would provide 94 deed restricted units for workforce
and attainable housing. The applicant has requested a 50% waiver of building permit
and review fees totaling $55,000. Due to contracting with SAFEBuilt, the Town would
subsidize the project by paying SAFEBuilt the waived amount. The Board discussed
fee waiving issues when contracting with SAFEBuilt, the childcare facility which was
included in the original development plan, restrictions for workforce housing,
previous workforce housing fee waivers or requests, if this was the original owner,
would the fee waiver, if approved, be transferred to a new owner, updating the policy
regarding fee waivers and fee subsidies, and how the Town budgets for fee waiver
requests. It was moved and seconded (Webermeier/Hazelton) to approve the fee
waiver request with a not-to-exceed waiver authorization of $55,000.00 for the
proposed project, and it passed unanimously.
3. RESOLUTION 74-22 AGREEMENT WITH RURAL COZ ESTES PARK ST VRAIN
LLC FOR WATER TAP FEES FOR THE PROSPECTOR APARTMENTS. Director
Hudson presented Resolution 74-22 for a water tap fee amortization agreement. The
agreement would amortize the remaining water tap fees not to exceed $843,170.67
for a 10-year payment plan with annual payments at 4.0% interest beginning in
October 2024. The Board discussed affects of foreclosures, ownership transfer, and
utility liens. It was moved and seconded (Younglund/Cenac) to approve
Resolution 74-22, and it passed unanimously.
4. ACCEPT DELIVERY OF THE AUDITED FINANCIAL STATEMENTS FOR THE
YEAR ENDING DECEMBER 31, 2021. Director Hudson and Manager Garcia stated
the report was reviewed at the August 31, 2022 Audit Committee meeting. The report
expressed an unmodified opinion that the financial statements presented fairly the
financial positions of the funds and activities of the Town. The report contained the
audit scope, required communication in accordance with audit standards, financial
highlights and new accounting pronouncements and general observations. It was
moved and seconded (Hazelton/MacAlpine) to accept the audit report and
audited financial statement for the year ending December 31, 2021, and it
passed unanimously.
5. APPOINTMENT OF HAYNIE & COMPANY TO PERFORM THE AUDIT OF THE
ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING DECEMBER 31, 2022.
Director Hudson and Manager Garcia stated the audit process for 2021 was
completed without an extension and recommended the appointment of Haynie &
Company to perform the 2022 audit. The Board discussed the working relationship
and expertise of Haynie & Company and it was moved and seconded
(Younglund/Hazelton) to award the engagement for the financial statement
audit for the year ending December 31, 2022 to Haynie & Company, and it
passed unanimously.
6. RESOLUTION 75-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #3
SUPPLEMENTAL COMPENSATION ADJUSTMENT. Town Administrator
Machalek, Director’s Hudson and Williamson, and Consultant Graves presented
Resolution 75-22 to approve budget appropriations including supplemental
compensation adjustments. The Town and Graves Consulting determined the Town
had fallen behind on compensation relative to market communities due to the 2021
one-time bonus and the aging process, using previous years for projecting market
adjustments. Additionally, the cost of living has increased substantially since
January 2021. The proposed adjustment would be a 5% increase to base pay with
a minimum of a $2/hour for full-time and part-time employees, and a $.050/hour
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Board of Trustees – September 13, 2022 – Page 4
bonus for seasonal employees who stay till the end of their season. The Board
discussed the aging process for 2023, the affect of the increase on 2023 market
adjustments, when data would be collected and finalized for 2023, when market
adjustments usually occur, and the 2021 one-time bonus.
John Meissner/Town citizen questioned the goal of increasing compensation and
whether the Town would be competing with municipalities not in-line with the Town.
It was moved and seconded (Webermeier/Younglund) to approve Resolution 75-
22, and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 9:13 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, September 13, 2022
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 said
Town of Estes Park on the 13th day of September, 2022.
Board: Mayor Koenig, Trustees Cenac, Hazelton, MacAlpine,
Martchink, Webermeier and Younglund
Attending: All
Also Attending: Town Administrator Machalek, Assistant Town
Administrator Damweber, Attorney Kramer, Town Clerk
Williamson
Absent: None
Mayor Koenig called the meeting to order at 5:16 p.m.
RACIAL COVENANTS ORDINANCE.
Town Administrator Machalek introduced the topic and stated there are a number of
restrictive covenants within subdivisions in town limits which have been noted by
citizens and by staff over the years. A comprehensive list of subdivisions that include
the covenants does not exist. These covenants are not enforceable; however, it was
noted it does not send the appropriate message as to who we are as a community. He
commented there are a number of strategies other communities have employed to
address the issue, to provide property owners resources at the deed, covenant, and
HOA level to address the issue, and methods the Town could use to call it out and
demonstrate the Town does not find it appropriate. Attorney Kramer stated the City of
Wheat Ridge took a two-prong approach to address the issue that these covenants are
unconstitutional, unlawful, ineffective and irrelevant from a legal point of view in keeping
certain races out of subdivisions or certain homes. There are statutory methods to
address the issue which are cumbersome and difficult. Wheat Ridge’s approach was to
provide guidance to individuals; passed a resolution condemning the covenants and
stating they are unconstitutional, offensive and ineffective; directed staff to review all city
owned property with such covenants or deed restrictions and remove them; and draft an
ordinance to apply a plat note on plats with these restrictions to call out they have no
relevance. He suggested the Board consider adopting an ordinance addressing the
covenants as unconstitutional, and developing procedures for property owners to
declare the covenant ineffectual.
Board discussion has been summarized: would the Town prepare a comprehensive list
of all properties with these covenants and make it available to the public; HOAs may
have the knowledge of such covenants and allow them to remove the covenants for all
properties within the subdivision; questioned how large of an issue exists within town
limits; and suggested an article on the topic to educate the citizens.
Board consensus was to keep a list of properties as the staff becomes aware of them,
review Town owned properties and remove the covenants that exist, develop an
ordinance to denounce and take a stand against the covenants, and educate citizen on
how to address the issue for their individual properties.
PROPOSED FRAMEWORK FOR EXPENDITURE OF POTENTIAL LODGING TAX
REVENUES. Assistant Town Administrator Damweber presented the Town Board with
an overview of the proposal for the expenditure of lodging tax revenues if the referred
Estes Park Local Marketing District Ballot Issue 6E passes during the November 8,
2022 Coordinated Election. He reviewed a set of assumptions and caveats, including
the proposed 3.5% tax would generate $5 million per year beginning in 2023; proposed
strategies would require additional development, policy decisions, agreements with
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Town Board Study Session – September 13, 2022– Page 2
partnering agencies; the completion of the Housing Needs Assessment may change
current assumptions and Town Strategic Plan; proposed strategies would require
significant assistance and/or additional staff; the need to be nimble with funds to react
quickly to opportunities; and the need for Larimer County Commissioners to be in
agreement with the proposed structure. Workforce housing funds may include
strategies such as property acquisitions, new construction, incentives to construction of
accessory dwelling units, deed restriction incentives, assistance for home purchases
(down payment assistance), rental assistance (subside rents), subsidies for conversion
of short-term rentals to long-term rentals, employer assistance program, and
development code amendments to allow/encourage density. Childcare funds may be
used to purchase facilities or provide rental assistance, address workforce challenges
through subsidies for wages, benefits, training, housing, and transportation, and tuition
assistance/scholarships. He stated difficulty in assessing how much funding would be
needed to address both workforce housing and childcare; however, the assumption has
been that workforce housing would require approximately 90% of the funding in the
initial year. If the lodging tax passes it would be collected by the Estes Park Local
Marketing District and funds collected would be transferred to the Town to create and
implement programs and strategies. The Town would formalize and maintain
partnerships and prepare a proposed annual plan for the expenditures of funds.
Larimer County Commissioners would need to review and approve the proposed plan
on an annual basis.
Board discussion followed and has been summarized: questioned if tax funds could be
used to pay for the additional staff needed to manage new programs; support was
heard from board members on the strategies identified by staff; questioned the
implementation timeframe and the need to collect funds in 2023 before spending funds;
concern with the need for the County to approve the annual plan; questioned if the
lodging tax funds would be added to the existing funds set aside by the Town to
address both issues; questioned if the spending restrictions outlined in Town policy
apply; questioned if the Town would have the authority to spend the funds without
County approval; questioned if the other funds established by the Town to address
workforce housing and childcare would be funded in the future; and support was
provided for multiple funding sources to provided versatility and additional funds to
address the issues.
Town Administrator Machalek commented the County Commissioners would approve
the annual plan and in doing so provide the Town authority to expend funds outlined in
the plan. Staff has proposed language to be included in an intergovernmental
agreement to allow the tax funds to be collected during a curing period if there are
issues with the Local Marketing District’s operating plan. He stated the Town could loan
funds as startup costs from the General Fund to begin addressing workforce housing
and childcare as tax funds are collected in 2023. The loan would be repaid throughout
the year as funds are transferred to the Town by the Local Marketing District. He stated
the funds collected and remitted to the Town would be held in a special revenue fund.
After further discussion, the Board stated general support of the current framework
developed by Town staff.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
The air quality and wood smoke discussion scheduled for October 11, 2022 and fractal
ownership discussion to be added to the approved but not scheduled list.
There being no further business, Mayor Koenig adjourned the meeting at 6:40 p.m.
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado September 19, 2022
Minutes of a Joint Study Session meeting of the ESTES PARK TOWN
BOARD AND LARIMER COUNTY COMMISSION, of the Town of Estes
Park, Larimer County, Colorado. Meeting held Virtually in said Town of
Estes Park on the 19th day of September 2022.
Town Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees
Cenac, Hazelton, MacAlpine, Martchink and Younglund
County Commission: Chair Kefalas, Commissioners Shadduck-McNally and
Stephens
Also Attending: Town Administrator Machalek, Assistant Town Administrator
Damweber, Town Attorney Kramer, County Manager Volker,
VEP CEO Franker, Deputy Town Clerk Beers and Visit
Estes Park Board
Absent: None
2023 VISIT ESTES PARK OPERATING PLAN REVIEW. CEO Franker reviewed the
2021 tourism impact study results which reflected 3,100 jobs from direct travel-
generated employment, $100.6 million direct travel-generated earnings, $35 million in
tax receipts generated by travel spending, travel spending reflecting $3,270 per
household in local tax receipts for travel spending, and overnight visitor volume totaling
nearly 1.8 million person-trips. She reviewed the VEP campaign efforts for the ballot
issue tax increase set for the November 8, 2022 Coordinated Election. She discussed
2022 VEP efforts including: video promotions, social media and marketing campaigns;
equity, diversity and inclusion initiatives; public relations and earned media
opportunities; e-mail newsletter campaign; a grant funded information kiosk to be
installed at the Visitor Center, and lodging tax revenue data which reflected a 38.9%
increase compared to pre-pandemic 2019 levels and a 0.4% decrease compared to
2021. CEO Franker reviewed the 2023 Visit Estes Park Operating Plan: Visit Estes
Park’s overview and purpose; mission and vision; brand attributes comprised of year-
round efforts which are community oriented, focused on sustainability, educational,
inclusive, accessible and data driven; strategic planning framework, and visitor
targeting; and partnerships to identify insights on visitor marketing. She reviewed key
organizational goals for community relations and services, marketing and
communication, and finance and administration. The projected 2023 budget revenues
and expenses were reviewed and are estimated at $3,450,600.
Board comments have been summarized: The function and benefits of Destination
Travel Network advertising services; whether the composition of the equity, diversity,
and inclusion task force had been determined; efforts and timeline for initiating the task
force; clarification on how businesses are identified as “green”; concerns were stated
regarding lowering the target household income and whether the household income
demographic may be excluding individuals who have a lower household income;
clarification was requested regarding sustainability efforts; the Senior Manager of
Community Relations position; promotion, goals and timeline for the digital kiosk at the
Visitor Center and whether VEP has demographics on the use of Spanish translated
material to determine need and future expansion. It was determined the Town Board
would hear the 2023 VEP Operating Plan at the October 11, 2022 meeting and the
County Commissioners would consider the plan at a future meeting.
There being no further business, Mayor Koenig adjourned the meeting at 4:10 p.m.
Bunny Victoria Beers, Deputy Town Clerk
Page 15
Page 16
Town of Estes Park, Larimer County, Colorado, July 28, 2022
Minutes of a JOINT Comprehensive Plan Advisory Committee meeting of the
Town of Estes Park. Meeting held Virtually in said Town of Estes Park on
July 28, 2022.
Committee: Chair Matthew Heiser, Vice-Chair Bob Leavitt, Members
David Bangs, Charles Cooper, Eric Blackhurst, John
Schnipkoweit, Frank Theis, Karen Thompson, Rose Truman,
David Wolf, David Shirk, Matt Comstock
Also Attending: Community Development Director
Jessica Garner, Trustee Barbara McAlpine, Larimer County
Community Development Director Lesli Ellis, Commissioner
Shadduck-McNally, Recording Secretary Karin Swanlund
Absent: Members Comstock, Bangs, Thompson, Shirk, Wolf
Chair Heiser started the meeting at 9:00 a.m. Members Schnipkowiet and Truman joined
the meeting late. The meeting was officially called to order at 9:40 a.m.
Director Garner informed the group that David Bangs had submitted his resignation from
the CompPAC. Due to the timeline of the process, he will not be replaced.
Volunteers are needed for the Community Meeting on August 3 for note-takers and
facilitators.
PUBLIC COMMENT.
None
DISCUSSION: (for full comments, view the meeting recording at engageestes.org)
Continued discussion focusing on Future Land Use and Built Environment.
Public comments have been received and will be thoroughly reviewed by both Directors
and Logan Simpson.
Director Ellis noted that the Estes Valley PAC met and discussed the future land use in
the county. Chair Heiser asked for notes/and or minutes from these meetings for the
CompPAC to review.
Annexation discussion will take place after the CompPlan is adopted, but a careful review
is necessary now for future regulatory processes.
Director Garner explained that the Highway 7 corridor, and other corridors, might need a
specific “corridor plan”. A recommendation in the Comp Plan is the correct way to go
about this.
Director Ellis stated that Larimer County does not have an interest in Industrial zones.
Chair Heiser asked if there is a regulation on percentages for zoning due to the need for
industrial areas.
Member Theis suggested that the Village Neighborhoods need a closer look, as many
don’t make sense on the future land use map.
It was stressed that Future Land Use Map does NOT affect zoning; it is updating the
guiding principles. Theis suggested putting wording on the map to address this.
Comments can be sent to Directors Garner and Ellis through the end of July.
Page 17
CompPAC – July 28 – Page 2
Questions asked at the July 14 meeting:
1. Do any of the Land Use Categories need to be reworked or redefined?
2. How do you feel about the Draft Future Land Use Map?
3. Are there any major concerns with the direction of the Built Environment goals and
policies?
APPROVAL OF MINUTES from July 14, 2022
The minutes were approved by a thumbs-up vote.
OTHER:
The next CompPac meeting is scheduled for August 11.
The consultants will have a new draft in mid-August that will be disseminated to the public.
There being no further business, Chair Heiser adjourned the meeting at 10:25 a.m.
Karin Swanlund, Recording Secretary
Page 18
Town of Estes Park, Larimer County, Colorado, July 12, 2022
Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the
Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said Town of
Estes Park on this 12 day of July 2022.
Committee: Chair Wayne Newsom, Vice-Chair Jeff Moreau, Board
Member Joe Holtzman
Attending: Chair Newsom, Vice-Chair Moreau, Board Member Holtzman,
Community Development Director Jessica Garner, Recording
Secretary Karin Swanlund, Town Board Liasion Barbara
MacAlpine
Absent: none
Chair Newsom called the meeting to order at 9:00 a.m.
PUBLIC COMMENT.
None
APPROVAL OF AGENDA
It was moved and seconded (Moreau/Holtzman) to approve the agenda. The motion
passed 3-0.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Holtzman/Moreau) to approve the Consent Agenda. The
motion passed 2-0. Chair Newsom abstained.
ELECTION OF OFFICERS
Vice-Chair Moreau agreed to be Chair, and Chair Newsom agreed to be Vice-Chair.
Member Holtzman agreed.
VARIANCE REQUEST 458 Chiquita Lane Director Garner
The applicant requests approval of a variance to allow a reduced front and rear
setback of 20 feet from the requirement of 25 feet for a new two-car detached
garage and a variance to allow a reduced front and rear setback of 17 feet from the
requirement of 25 feet for two existing accessory structures beyond the current
allowance in the E-1 Zone District.
Staff recommended the Board of Adjustment approve the variance request, subject to
the findings described in the staff report.
DISCUSSION: none
PUBLIC COMMENT: none
It was moved and seconded (Moreau/Holtzman) to approve the requested variances,
one to allow 20-foot front and rear setbacks for a new, detached garage and another for
17-foot front and rear setbacks for two existing accessory structures for a property at
458 Chiquita Lane, in the Town of Estes Park. The motion passed 3-0.
REPORTS
The Comprehensive Plan is on track and on schedule.
There being no further business, Chair Newsom adjourned the meeting at 9:15 a.m.
Wayne Newsom, Chair
Karin Swanlund, Recording Secretary
Page 19
Page 20
Town of Estes Park, Larimer County, Colorado, June 21, 2022
Minutes of a Regular meeting of the ESTES PARK PLANNING
COMMISSION of the Town of Estes Park, Larimer County, Colorado.
Meeting held in said Town of Estes Park on the 21 day of June 2022.
Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser,
Commissioners Joe Elkins, Howard Hanson, Janene
Centurione.
Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Hanson,
Director Jessica Garner, Recording Secretary Karin
Swanlund, Town Attorney Dan Kramer, Town Board Liaison
Barbara MacAlpine
Absent: Centurione, Elkins
ChairComstock called the meeting to order at 1:30 p.m.
AGENDA APPROVAL
It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion
passed 3-0.
PUBLIC COMMENT none
CONSENT AGENDA APPROVAL
Commissioner Hanson asked that the Large Vacation Home approval be moved to action
item one.
It was moved and seconded (Hanson/Heiser) to approve the amended consent
agenda. The motion passed 2-0, with Comstock abstaining.
ACTION ITEMS
1. Large Vacation Home 851 Peak View Drive Director Garner
Owner Drew Siroky, 851 Peak View Drive, explained that when he bought the five-
bedroom home, it was approved for 12 occupants, but an occupancy of 10 was on the
issued license. It was unknown why this was the case, but he wanted to comply with the
regulations.
It was moved and seconded (Hanson/Heiser) to approve the Large Vacation home
and the motion passed 3-0.
2. Code Amendment Remove RE-1 Zoning Director Garner
Staff is seeking approval to amend both the Development and Municipal Codes to
eliminate the RE-1 Zoning District. Presently, only three parcels inside the Town are
zoned RE-1, none of which are zoned for single-family use.
The Purpose of eliminating RE-1 zoning is twofold:
A) Remove a Zoning District that serves no useful purpose inside the Town of Estes
Park. It is a residential Zoning District that requires a 10-acre minimum lot size.
B) In an environment in which attainable and workforce housing is a critical need, it
is hard to see how a 10-acre lot, single-family-only Zoning District has a role to
play in the Town of Estes Park
It was moved and seconded (Heiser/Hanson) to recommend approval of the code
amendment in accordance with the findings as presented. The motion passed 3-0.
Page 21
Planning Commission – June 21, 2022 – Page 2
3. Rezone 800 Castle Mountain Road from RE-1 to R2 Director Garner
Staff requests to change the zoning of the Town-owned parcel from RE-1 to R-2 to
remove the defunct Zoning designation and reflect the surrounding zoning of the
adjacent properties. An additional rationale for the rezone request pertains to the
parcel's acreage, which currently does not meet the development standards for RE-1.
RE-1-zoned sites require a maximum of one unit per ten acres, and the site acreage is
4.07 acres, which falls below the minimum threshold for development. The Town has no
intention to redevelop the parcel and anticipates the site being used indefinitely for
water storage.
It was moved and seconded (Hanson/Heiser ) to recommend approval of the
Rezoning request in accordance with the findings as presented. The motion
passed 3-0.
DISCUSSION ITEMS
Director Garner gave an update on the Comprehensive Plan. A draft of the four
chapters has been produced, is available on engageestes.org and will be reviewed by
the CompPac and Estes Valley Planning Advisory Committee on Thursday, June 23,
2022, at 9:00 a.m. A fully vetted draft plan is scheduled for an August review. July 12
will be a joint study session with the Town Board and the Planning Commission, with an
update report given by Logan Simpson. The first week of August will be another
community event, facilitated by Restorative Justice, focused on items that create
controversy, mainly the built environment and land use.
An overhaul of the Development Code will happen after the Comp Plan is completed.
There is DOLA funding for this.
Planning Technician LauraJane Baur has taken over the CPAW project and will have an
update at the next meeting.
There being no further business, Chair Comstock adjourned the meeting at 2:30 p.m.
_______________________________
Chair Comstock
Karin Swanlund, Recording Secretary
Page 22
Town of Estes Park, Larimer County, Colorado, August 4, 2022
Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held in Rooms 202/203 of
the Estes Park Town Hall in said Town of Estes Park on the 4th day of August,
2022.
Committee: Chair Patti Brown, Vice Chair Nancy Almond, Members Debra
Avezzano, Deanna Ferrell, Aleta Kazadi, Laurie Dale
Marshall, Rut Miller, Jessica Moffett, Nicole White, and Sue
Yowell
Also Attending: Town Board Liaison Younglund, Assistant Town Administrator
Damweber and Deputy Town Clerk Beers
Absent: Member Debra Avezzano
Chair Brown called the meeting to order at 3:34 p.m.
PUBLIC COMMENT.
None.
LIAISON REPORT.
The Town Board of Trustees, Larimer County Commissioners and Visit Estes Park (VEP)
held a special meeting to discuss House Bill 22-1117. Consensus was to move forward
with developing ballot language and submitting the item to the electors during the
November 2022 Coordinated Election. VEP Board recommended increasing the Local
Marketing District tax by 3.5% to address workforce housing and childcare needs in the
valley. Trustee Younglund stated there would be more information provided to the public
and local organizations to help educate the public on the proposed ballot issue. A brief
discussion was held regarding land banking and opportunities to address workforce
housing issues and limitations for staff advocating for items which have been placed on
the ballot.
MEETING MINUTES DATED JULY 7, 2022.
It was moved and seconded (Yowell/Moffett) to approve the meeting minutes dated
July 7, 2022, and it passed unanimously.
CHAIR REPORT.
a. The Association for Retired Cities (ARC) of Larimer County Contact: Chair Brown
stated the ARC of Larimer County would hold an event to help promote services
to the public. More information would be provided to FAB when available.
b. House Bill 22-1117 Follow Up: Discussed during the Liaison report.
c. Emergency/Crisis Plans for Families: An event was held at the Estes Park School
District for emergency services. Members of FAB provided input on participation
in the event, commended emergency services providers and first responders.
d. EP Health Termination of Services Impacts to Families: Chair Brown and Member
Ferrel would reach out to EP Health to discuss supplemental options to address
needs in the community. A question was raised regarding the role of FAB in making
recommendations to the Hospital District and whether it needed to go through the
Town Board. Additional discussion ensued regarding lack of choices and flexibility
issues at EP Health.
e. Fall “Family Listening Sessions”: Chair Brown recommended holding “Family
Listening Sessions” in the Fall of 2022 to hear directly from the public on issues
facing the community. Outreach and locations were discussed, and it was
determined Chair Brown and Member Yowell would form a sub-committee to
further research opportunities.
f. Schedule Subcommittee Reports: To be determined in Fall 2022.
Discussion ensued regarding SummitStone and the position previously held by Ryan
Hale. Vice Chair Almond stated Larimer County Behavioral Health has grants which may
Page 23
Family Advisory Board – August 4, 2022 – Page 2
be allocated toward mental health services in Estes Park. Questions were heard related
to who is eligible to apply for grants on behalf of the Town due to a vacancy in the grant
specialist position. Additional conversations ensued regarding whether the FAB should
make a recommendation to the Town to continue the partnership with SummitStone to
replace the vacancy or pursue additional grant opportunities to maintain and expand
mental health services in Estes Park. Concerns were voiced regarding limited Town
staffing and needs in the community not being met. Chair Brown recommended tabling
the conversation to obtain additional information related to the vacancy and opportunities
for mental health services for the community. It was moved and seconded
Almond/Yowell) to recommend the Town of Estes Park Police Department continue
the partnership with SummitStone for funding the Mental Health Specialist
position; and encourage the Estes Park Police Department to apply for Larimer
County Behavioral Health grant funds for an additional specialist position, and it
passed unanimously
COMMUNITY RESOURCE GUIDE.
Members Miller and White met to review the current Community Resource Guide and
other guides available in the community. Member White stated the Estes Park School
District and Larimer County both have resource guides and discussed the content and
value. Discussion ensued related to the benefits of a single resource guide for the
community, coordinating with the School District to expand and update their guide, and
updating the Town’s website. It was moved and seconded (White/Almond) to
investigate partnering opportunities with the School District on their guide, to
advise the Town to update the link on the Town’s website and advise the Public
Information Officer to investigate potential partnership with the Estes Park School
District to coordinate the use of a single consolidated Community Resource Guide,
and it passed unanimously.
Members Dale Marshall and Miller left the meeting at 4:25 p.m.
FOOD INSECURITY AND HOMELESS ISSUES.
This item would be moved to a future meeting.
SUBCOMMITTEE REPORTS.
a. Childcare Status in the Estes Valley: Vice Chair Almond reviewed preschool
opportunities in the Estes Valley including availability. It was noted unlicensed
private providers were not included in the list. She reviewed needs in the
community related to childcare shortages in Larimer County, accessibility,
availability, and funding.
b. EVICS August Kick Ball Fundraiser: Chair Brown provided details to the FAB and
encouraged participation as a group for the August 27, 2022 event.
KEY TAKAWAYS & FOLLOW UP.
Member White attended the Estes Valley Restorative Justice Living Room Conversation:
The Ways We Identify: a Conversation about Gender”. She stated individuals on vacation
in Estes Park attended the conversation as well as individuals who had family members
they wanted to support. The conversation surrounded religion, the difference between
biological sex, gender identity/expression, and historical gender dynamics. Chair Brown
recommended “Family Listening Sessions” should incorporate approaches on gender.
Vice Chair Almond requested common mental health issues identified at the July 7, 2022
meeting be discussed at a future meeting.
There being no further business Chair Brown adjourned the meeting at 5:00 p.m.
s/Bunny Victoria Beers, Deputy Town Clerk
Page 24
UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Director Bergsten
Date: September 27, 2022
RE: Resolution 76-22 Contracts for Water System Infrastructure Upgrades with
Multiple Consultants.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To support our mission to provide high-quality, reliable services while being good
stewards of public resources and our natural setting by obtaining approval for the award
of renewable Professional Services Contracts for on-call water services for the following
firms: JVA, Inc.; Advanced Engineering and Environmental Services, LLC (AE2S);
CONSOR North America, Inc. dba MurraySmith; Huffman Engineering, Inc.; Plummer
Associates, Inc.; Kumar & Associates, Inc.; King Surveyors, SurvWest, LLC.; and
Topographic Company.
Present Situation:
Effective management of our water system is required to deliver high-quality, reliable
services while being good stewards of the monies paid by our customers. This requires
technical support for various as-needed water improvements including evaluation,
emergency response, staff augmentation, specialty reviews, and planning for our water
future.
For our water system’s aging infrastructure to remain compliant with regulatory
standards, the Town’s Water Division staff must remain focused on operations and
maintenance (O&M) of the existing system. Our current O&M demands plus the 2023
planned construction of water system improvements in the Prospect Mountain and
Reclamation neighborhoods result in overallocation of our existing staff. These on-call
contracts establish a pathway to obtain specialized resources for intermittent and quick-
turn around projects or projects that require unique expertise. The professional services
contractors can be called on an as-needed basis to support our existing Water Division
team so they can remain focused on treating and delivering high-quality water to our
customers.
Page 25
The intermittent on-call services provided through the professional services contracts
are segregated into nine generalized categories as generally described below. The
description is not al-inclusive of activities that may be required by on-call professional
services.
• Raw Water System (Selected firms: JVA, Inc., see note)
Typical Services: Support for redundant and reliable raw water supply, raw water
intake analysis, raw water quality analysis, water conveyance planning
Note: HDR Engineering, Inc. has also been selected and contract negotiations
are being finalized. This will be brought to the Board at a subsequent session.
• Water Distribution System (Selected firms: AE2S, JVA, Inc., and CONSOR North
America, Inc. dba MurraySmith)
Typical Services: planning and design for replacement of aged distribution piping,
fire flow improvements, looping improvements to reduce water age and improve
quality
• Instrumentation & Controls (Selected firms: Huffman Engineering, Inc. and
Plummer Associates, Inc.)
Typical Services: trouble-shooting and emergency response for water treatment
control and instrumentation communications
• Geotechnical Services (Selected firms: Kumar & Associates, see note)
Typical Services: geotechnical analysis, construction support for soil and
excavation issues, dewatering
Note: Lithos Engineering has also been selected and contract negotiations are
being finalized. This will be brought to the Board at a subsequent session.
• Surveying Services (Selected firms: King Surveyors, SurvWest, Inc, and
Topographic Company)
Typical Services: asset location, ground survey, utility conflict, easement
description and acquisition support, license agreements with other utilities
• Water Treatment Process (Selected firms: AE2S, see note)
Typical Services: water treatment process trouble-shooting, alternatives
investigation and development, asset improvements
Note: HDR Engineering, Inc. has also been selected and contract negotiations
are being finalized. This will be brought to the Board at a subsequent session.
• Construction Management/Inspection/Resident Project Representative Services
(Selected firm: JVA, Inc.)
Typical Services: augment staff in observation of utility construction and
construction management
Page 26
• Water System Master Planning (Selected firms: AE2S, see note)
Typical Services: water distribution system modeling analysis, trouble-shooting,
development impacts analysis, water demand update, funding support
Note: RESPEC/JDS-Hydro has also been selected and contract negotiations are
being finalized. This will be brought to the Board at a subsequent session.
• Environmental and Water Resources Planning (Selected firms: see note)
Typical Services: water accounting and water rights support, permitting support,
environmental impact analysis
Note: CDM Smith Inc. and HDR Engineering, Inc. were selected and contract
negotiations are being finalized. This will be brought to the Board at a subsequent
session
Proposal:
Staff proposes using on-call contracting as needed for staff augmentation and critical
support to improve our response time to water treatment and piping issues, provide
expertise to support current staff skills, and allow our staff to remain focused on treating
and delivering high quality potable water. Selection of the professional services
contractor followed an open solicitation process including select follow-up interviews.
These contracts are for an initial three-year period then renewable (upon mutual
agreement) for two additional one-year periods. Work will be assigned through a task
order process wherein each task order will have a defined scope-of services, fee and
schedule. Multiple contractors were selected for most categories to provide a pool for
selection of technical support and with consideration of potential contractor schedule
conflicts.
Advantages:
• Provides pool of technical resources to augment our current staff’s skills and
workloads and supplements our staff with uniquely skilled professionals.
• Ready access and quick support on an as-needed basis for specialized
consulting services and a wide scope of technical skills needed at irregular
intervals.
• Provides a financially viable way to have subject matter experts work for the town
on an as needed basis without a long-term obligation associated with a full-time
expert staff member.
Disadvantages:
• Potentially higher costs; however, with more than one firm selected for most
categories, we can provide the best-fit level of effort and cost for each task order
and engage the specialized skills of the consultants that are not available with
our current staff.
Page 27
•Consultants are outside the direct control of the Town’s organization; however,
they provide expertise and third-party objectivity focused on the project or task at
hand without distractions from operations and maintenance demands.
Action Recommended:
Staff recommends approval of the multi-year Professional Services Contract withAE2S;
Huffman Engineering, Inc.; JVA, Inc.; King Surveyors; Kumar & Associates, Inc.; Lithos
Engineering; MurraySmith; Plummer Associates, Inc.; SurvWest, LLC.; and
Topographic Company. Approval will be requested for CDM Smith Inc.; HDR
Engineering, Inc.; and JDS Hydro upon completion of negotiation of the contract terms.
Finance/Resource Impact:
2022 funds have been budgeted and 2023 budget proposed for this work. Funding for
future years will be allocated at time of budgeting.
Level of Public Interest
Low
Sample Motion:
This item is on the consent agenda. If removed from consent, a sample motion would
be:
I move for the approval for the resolution.
Attachments:
1.Resolution 76-22
2.Advanced Engineering and Environmental Services, LLC (AE2S) contract
3.Huffman Engineering, Inc. contract
4.JVA, Inc. contract
5.King Surveyors contract
6.Kumar & Associates, Inc. contract
7.MurraySmith contract
8.Plummer Associates, Inc. contract
9.SurvWest, LLC contract
10. Topographic Company contract
Page 28
RESOLUTION 76-22
APPROVING ON-CALL PROFESSIONAL SERVICES CONTRACTS FOR WATER
SYSTEM INFRASTRUCTURE UPGRADES
WHEREAS, the Utilities Department issued a request for proposals for on-call
professional engineering services in June 2022 to fulfill water system project needs
including but not limited to water system master planning, environmental and water
resources planning, distribution system analysis and model calibration, geotechnical
services, surveying, instrumentation and controls, water treatment processes, raw water
system, and construction management and inspection; and
WHEREAS, thirteen (13) firms were selected to comprise a pool of professional
engineering, geotechnical and surveying resources to assist on completion of the Capital
Improvement Projects as approved in the 2022 Water Activity Enterprise budget and as
planned for 2023 and beyond; and
WHEREAS, this work is budgeted and planned, but the scope of the individual
task orders is variable, meaning that in aggregate the costs may ultimately exceed staff
spending authority under current policy; and
WHEREAS, on-call contracts have been negotiated with nine out of thirteen (13)
of these firms to date; and
WHEREAS, the Town Board of Trustees wishes to enter contracts with these firms
to facilitate the water system infrastructure updates.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the on-call professional
services contracts with Advanced Engineering and Environmental Services, LLC;
Huffman Engineering, Inc.; JVA Incorporated; King Surveyors; Kumar & Associates, Inc.;
CONSOR North America, Inc. dba MurraySmith; Plummer Associates, Inc.; SurvWest,
LLC; and Topographic Company; in substantially the form now before the Board.
If, in any fiscal year, the amount to be spent under any such contract will exceed
staff spending authority under Town policies, Town Board approval shall be required for
the exceeding expenditures under that contract. The approval will authorize further
expenditures, not to exceed an amount specified by the Town Board for that contract
during that year.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 29
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Water Distribution System, Water
Treatment Processes, and Water System Master Planning
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Advanced Engineering and Environmental Services, LLC (Consultant), a North Dakota limited
liability company, whose address is 9635 Maroon Circle, Suite 210, Englewood, CO 80112,
make this Contract this __________ day of ____________________, 2022, at the Town of Estes
Park, Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Consultant as described herein; and
1.2 Consultant has agreed to provide the Services, on the terms and conditions stated in
this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Page(s)
2.5 The following Special Conditions of the Contract, if any:
Document Title Page(s)
2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for
particular assignments for Consultant;
Attachment 2
Page 30
Town of Estes Park Professional Services Contract --Page 2 of 12
2.7 Consultant's Rate Sheet, attached hereto as Exhibit A; and
2.8 Insurance Certificates.
3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders
for the Water Distribution System, Water Treatment Processes, and/or Water System Master
Planning, when requested by the Town. The Town shall provide the Consultant with a
Request for Services, and the Consultant may accept or deny the Request for Services. If the
Consultant accepts, the Consultant shall provide the Town an estimated cost for the services
based on the Consultant’s Rate Sheet (Exhibit A). Consultant shall provide and furnish at its
own cost and expense all materials, machinery, equipment, tools, superintendence, labor,
insurance and other accessories and services necessary to provide its Services in strict
accordance with the conditions and prices stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for
Services, the Consultant shall begin services under this Contract upon receiving Town’s
notice to proceed. Consultant shall timely perform its Services, by the time described in the
accepted Request for Services. This shall occur on an as-needed basis for each individual
assignment under this Contract.
5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Consultant for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Consultant, as described in section 2.7. This Contract does not create a
multiple fiscal year direct or indirect debt or other financial obligation. Each request for
service shall incur a concurrent debt for that request only. All financial obligations of the
Town under this Contract are contingent upon appropriation, budgeting, and availability of
specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
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Town of Estes Park Professional Services Contract --Page 3 of 12
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town’s requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s fee schedule attached to Consultant’s Rate
Sheet.
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Town of Estes Park Professional Services Contract --Page 4 of 12
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
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Town of Estes Park Professional Services Contract --Page 5 of 12
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Jacqueline A. Wesley, P.E.
Project Manager
170 MacGregor Avenue
P.O. Box 1200
Estes Park, CO 80517
CONSULTANT:
David Vidikan, P.E.
Program Manager
9635 Maroon Circle, Suite 210
Englewood, CO 80112
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
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Town of Estes Park Professional Services Contract --Page 6 of 12
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
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Town of Estes Park Professional Services Contract --Page 7 of 12
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Jacqueline A. Wesley, P.E.
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
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Town of Estes Park Professional Services Contract --Page 8 of 12
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
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Town of Estes Park Professional Services Contract --Page 9 of 12
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon
mutual agreement of both parties.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
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Town of Estes Park Professional Services Contract --Page 10 of 12
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
Page 39
Town of Estes Park Professional Services Contract --Page 11 of 12
CONSULTANT
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2022, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 40
Town of Estes Park Professional Services Contract --Page 12 of 12
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 41
CONFIDENTIAL**
Attachment A
Estes Park General Engineering Services
Price Proposal Form - Standard Rate Sheet
Firm Name:
Position Title*
Rate Project Start
Through 12/ 31/ 22
Rate 01/01/ 23 through
12/ 31/ 23
Increase 01/ 01/24
Through 12/ 31/24
Administrative 1 $61.00 $64.00 4.00%
Administrative 2 $74.00 $78.00 4.00%
Administrative 3 $89.00 $94.00 4.00%
Communications Specialist 1 $98.00 $103.00 4.00%
Communications Specialist 2 $113.00 $119.00 4.00%
Communications Specialist 3 $131.00 $138.00 4.00%
Communications Specialist 4 $158.00 $167.00 4.00%
Communications Specialist 5 $173.00 $183.00 4.00%
Construction Services 1 $118.00 $125.00 4.00%
Construction Services 2 $145.00 $153.00 4.00%
Construction Services 3 $160.00 $169.00 4.00%
Construction Services 4 $180.00 $190.00 4.00%
Construction Services 5 $198.00 $209.00 4.00%
Engineering Assistant 1 $77.00 $81.00 4.00%
Engineering Assistant 2 $92.00 $97.00 4.00%
Engineering Assistant 3 $116.00 $122.00 4.00%
Engineer 1 $125.00 $132.00 4.00%
Engineer 2 $148.00 $156.00 4.00%
Engineer 3 $177.00 $187.00 4.00%
Engineer 4 $203.00 $214.00 4.00%
Engineer 5 $215.00 $227.00 4.00%
Engineering Technician 1 $75.00 $79.00 4.00%
Engineering Technician 2 $96.00 $101.00 4.00%
Engineering Technician 3 $117.00 $123.00 4.00%
Engineering Technician 4 $131.00 $138.00 4.00%
Engineering Technician 5 $149.00 $157.00 4.00%
Financial Analyst 1 $104.00 $110.00 4.00%
Financial Analyst 2 $118.00 $125.00 4.00%
Financial Analyst 3 $142.00 $150.00 4.00%
Financial Analyst 4 $155.00 $164.00 4.00%
Financial Analyst 5 $172.00 $181.00 4.00%
GIS Specialist 1 $98.00 $103.00 4.00%
GIS Specialist 2 $118.00 $125.00 4.00%
GIS Specialist 3 $139.00 $147.00 4.00%
GIS Specialist 4 $155.00 $164.00 4.00%
GIS Specialist 5 $173.00 $183.00 4.00%
I&C Assistant $98.00 $103.00 4.00%
I&C 1 $138.00 $146.00 4.00%
I&C 2 $160.00 $169.00 4.00%
I&C 3 $183.00 $193.00 4.00%
I&C 4 $194.00 $205.00 4.00%
I&C 5 $203.00 $214.00 4.00%
IT 1 $117.00 $123.00 4.00%
IT 2 $159.00 $168.00 4.00%
IT 3 $190.00 $200.00 4.00%
Advanced Engineering and Environmental Services, LLC
Page A-1
Exhibit A: Consultant's Rate Sheet
Page 42
CONFIDENTIAL**
Attachment A
Estes Park General Engineering Services
Price Proposal Form - Standard Rate Sheet
Firm Name:
Position Title*
Rate Project Start
Through 12/ 31/ 22
Rate 01/01/ 23 through
12/ 31/ 23
Increase 01/ 01/24
Through 12/ 31/24
Advanced Engineering and Environmental Services, LLC
Land Surveyor Assistant $90.00 $95.00 4.00%
Land Surveyor 1 $108.00 $114.00 4.00%
Land Surveyor 2 $129.00 $136.00 4.00%
Land Surveyor 3 $145.00 $153.00 4.00%
Land Surveyor 4 $160.00 $169.00 4.00%
Land Surveyor 5 $177.00 $187.00 4.00%
Operations Specialist 1 $93.00 $98.00 4.00%
Operations Specialist 2 $113.00 $119.00 4.00%
Operations Specialist 3 $140.00 $148.00 4.00%
Operations Specialist 4 $158.00 $167.00 4.00%
Operations Specialist 5 $184.00 $194.00 4.00%
Project Coordinator 1 $109.00 $115.00 4.00%
Project Coordinator 2 $121.00 $128.00 4.00%
Project Coordinator 3 $132.00 $139.00 4.00%
Project Coordinator 4 $148.00 $156.00 4.00%
Project Coordinator 5 $167.00 $176.00 4.00%
Project Manager 1 $188.00 $198.00 4.00%
Project Manager 2 $206.00 $217.00 4.00%
Project Manager 3 $223.00 $235.00 4.00%
Sr. Designer 1 $165.00 $174.00 4.00%
Sr. Designer 2 $183.00 $193.00 4.00%
Sr. Designer 3 $194.00 $205.00 4.00%
Sr. Financial Analyst 1 $194.00 $205.00 4.00%
Sr. Financial Analyst 2 $212.00 $224.00 4.00%
Sr. Financial Analyst 3 $231.00 $244.00 4.00%
Sr. Project Manager 1 $235.00 $248.00 4.00%
Sr. Project Manager 2 $254.00 $268.00 4.00%
Sr. Project Manager 3 $265.00 $280.00 4.00%
Terms:
Subconsultants Mark-up: 5%
Mileage Rate: $0.585 or current IRS allowable mileage rate
Other Direct Costs: At Cost
Travel Reimbursement:
Signature: ____________________________________
Title: Operations Manager
Meals, tips, and incidentals at federal government (M+IE) per diem rate.
Reasonable lodging expenses reimbursed with itemized bill.
All position titles to be used on Task Order assignments are shown.
All costs for telephone charges, postage and delivery, technology costs, accounting and marketing are included in the
hourly rates above.
Page A-2
Page 43
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Instrumentation and Controls
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Huffman Engineering, Inc. (Consultant), a Nebraska corporation, whose address is 112 Inverness
Circle East, Suite E, Englewood, CO 80112, make this Contract this ___ day of , 2022,
at the Town of Estes Park, Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Consultant as described herein; and
1.2 Consultant has agreed to provide the services, on the terms and conditions stated in
this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Page(s)
2.5 The following Special Conditions of the Contract, if any:
Document Title Page(s)
2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for
particular assignments for Consultant;
2.7 Consultant's Rate Sheet, attached hereto as Exhibit A: and
2.8 Insurance Certificates.
Attachment 3
Page 44
Town of Estes Park Professional Services Contract --Page 2 of 12
3 SCOPE OF SERVICES: Consultant shall provide professional services related to Task
Orders for Instrumentation and Controls, when requested by the Town. The Town shall
provide the Consultant with a Request for Services, and the Consultant may accept or deny
the Request for Services. If the Consultant accepts, the Consultant shall provide the Town an
estimated cost for the services based on the Consultant’s Rate Sheet (Exhibit A). Consultant
shall provide and furnish at its own cost and expense all materials, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and services necessary to
provide its Services in strict accordance with the conditions and prices stated in the Contract
Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for
Services, the Consultant shall begin services under this Contract upon receiving Town’s
notice to proceed. Consultant shall timely perform its Services, by the time described in the
accepted Request for Services. This shall occur on an as-needed basis for each individual
assignment under this Contract.
5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Consultant for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Consultant, as described in section 2.7. This Contract does not create a
multiple fiscal year direct or indirect debt or other financial obligation. Each request for
service shall incur a concurrent debt for that request only. All financial obligations of the
Town under this Contract are contingent upon appropriation, budgeting, and availability of
specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
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Town of Estes Park Professional Services Contract --Page 3 of 12
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town’s requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s Rate Sheet.
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
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Town of Estes Park Professional Services Contract --Page 4 of 12
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
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Town of Estes Park Professional Services Contract --Page 5 of 12
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Jacqueline A. Wesley, P.E.
Project Manager
170 MacGregor Avenue
P.O. Box 1200
Estes Park, CO 80517
CONSULTANT:
Don Glatt, PMP
Utilities Manager
112 Inverness Circle East, Suite E
Englewood, CO 80112
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
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Town of Estes Park Professional Services Contract --Page 6 of 12
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
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Town of Estes Park Professional Services Contract --Page 7 of 12
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Jacqueline A. Wesley, P.E.
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
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Town of Estes Park Professional Services Contract --Page 8 of 12
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
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Town of Estes Park Professional Services Contract --Page 9 of 12
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon
mutual agreement of both parties.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
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Town of Estes Park Professional Services Contract --Page 10 of 12
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
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Town of Estes Park Professional Services Contract --Page 11 of 12
CONSULTANT
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2022, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 54
Town of Estes Park Professional Services Contract --Page 12 of 12
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 55
112 Inverness Circle East, Suite E, Englewood, Colorado 80112, Telephone: 303 -376-6280
5301 North 57th Street, Lincoln, Nebraska 68507, Telephone: 402-464-6823, Fax: 402-464-6892
Attachment A: Price Proposal Form
June 16, 2022
Town of Estes Park
Attn: Jacqui Wesley
170 MacGregor Ave
PO Box 1200
Estes Park, CO 80517
Subject: Rates and Terms for On-Call Instrumentation and Control Services for Huffman
Engineering, Inc. RFP-UT-22-01 – Town of Estes Park Water Division General Engineering
(“On-Call”) Services
Ms. Wesley,
Thank you for your inquiry concerning Huffman Engineering, Inc. Services supplied by
Huffman Engineering, Inc. on a Time and Materials basis will be invoiced per the following.
• Rates for services provided by Huffman Engineering, Inc., are:
Position Title Rate
Project Start
Through
12/31/22
Rate
01/01/23
Through
12/31/23
% Increase
01/01/24
Through
12/31/24
Principal/Manager $195 / Hour $200 / Hour 5%
Project Manager/Sr. Engineer $170 / Hour $175 / Hour 5%
Engineer $150 / Hour $155 / Hour 5%
Automation Specialist/Designer $145 / Hour $150 / Hour 5%
Automation Technician $95 / Hour $100 / Hour 5%
Drafting $85 / Hour $90 / Hour 5%
Clerical $60 / Hour $65 / Hour 5%
Terms
• Rates for materials and freight provided by Huffman Engineering, Inc., are:
Payment Terms: Net 30
Markup Allowed on Sub-Consultants 5%
Materials and Other Project Costs Billing Rate
Materials Received Cost + 15%
Freight Received Cost + 15%
Page 56
Town of Estes Park Rate Letter
June 16, 2022
Page 2
112 Inverness Circle East, Suite E, Englewood, Colorado 80112, Telephone: 303-376-6280
5301 North 57th Street, Lincoln, Nebraska 68507, Telephone: 402-464-6823, Fax: 402-464-6892
• Past due accounts are subject to a service charge of 1.5% per month or the maximum
permitted by law.
• A sales tax exemption form must be completed and on file with HEI to exempt the purchase
from sales tax.
• Billing for services rendered will be based on the actual hours worked or agreed payment
schedule and includes:
o All time spent at Huffman Engineering, Inc., offices working directly on the client’s
project.
o All time spent at the client’s site(s).
o Travel time incurred during the normal workday (up to 8 hours per day).
o Travel time required on Saturdays, Sundays, and/or Huffman Engineering holidays to
meet the client’s requested schedule (up to 8 hours per day) will be billed at overtime
rates.
o Overtime rates are:
▪ Hourly base rate x 1.5 for requested and approved overtime work beyond 8
hours per day, work starting before 7:00 A.M. local time or after 5:00 P.M.
local time, and work required on Saturdays.
▪ Hourly base rate x 2.0 for requested and approved overtime work beyond 12
hours per day or work on Sundays or Huffman Engineering holidays.
o Travel costs (coach class, if available), $46.00 daily expense allowance, and other
(IRS allowed) living expenses will be billed as incurred and/or as soon as Huffman
Engineering is billed for them. Rental equipment or other costs will be billed at cost
plus a 7.5% handling charge. Automobile mileage will be charged at $0.60 (60¢) per
mile.
• Realizing that the value of the product(s) produced by any proposed system will far exceed
the cost of the material and labor, Huffman Engineering, Inc., does not expect any
compensation nor assume any liability beyond the labor and materials provided by Huffman
Engineering, Inc. Huffman Engineering, Inc., will not be held liable for any consequential
damages.
We look forward to working together with you on any of your projects. If you have any
questions or concerns, please give us a call at (720) 902-5471
Sincerely,
Huffman Engineering, Inc.
By:
Don Glatt, PMP Date
Utilities Manager
June 16, 2022
Page 57
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Raw Water System, Water
Distribution System, and Construction Management/Inspection/Resident Project
Representative Services
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
JVA, Incorporated. (Consultant), a Colorado corporation, whose address is 213 Linden Street,
Suite 200, Fort Collins, CO 80524, make this Contract this _____ day of , 2022,
at the Town of Estes Park, Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the Services of Consultant as described herein; and
1.2 Consultant has agreed to provide the Services, on the terms and conditions stated in
this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Page(s)
2.5 The following Special Conditions of the Contract, if any:
Document Title Page(s)
2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for
particular assignments for Consultant;
Attachment 4
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Town of Estes Park Professional Services Contract --Page 2 of 12
2.7 Consultant's Rate Sheet, attached hereto as Exhibit A; and
2.8 Insurance Certificates.
3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders
for Raw Water System, Water Distribution System, and/or Construction Management/
Inspection/ Resident Project Representative services, when requested by the Town. The
Town shall provide the Consultant with a Request for Services, and the Consultant may
accept or deny the Request for Services. If the Consultant accepts, the Consultant shall
provide the Town an estimated cost for the services based on the Consultant’s Rate Sheet
(Exhibit A). Consultant shall provide and furnish at its own cost and expense all materials,
machinery, equipment, tools, superintendence, labor, insurance and other accessories and
services necessary to provide its Services in strict accordance with the conditions and prices
stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for
Services, the Consultant shall begin services under this Contract upon receiving Town’s
notice to proceed. Consultant shall timely perform its Services, by the time described in the
accepted Request for Services. This shall occur on an as-needed basis for each individual
assignment under this Contract.
5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Consultant for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Consultant, as described in section 2.7. This Contract does not create a
multiple fiscal year direct or indirect debt or other financial obligation. Each request for
service shall incur a concurrent debt for that request only. All financial obligations of the
Town under this Contract are contingent upon appropriation, budgeting, and availability of
specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
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Town of Estes Park Professional Services Contract --Page 3 of 12
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town’s requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s Rate Sheet.
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Town of Estes Park Professional Services Contract --Page 4 of 12
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
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Town of Estes Park Professional Services Contract --Page 5 of 12
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Jacqueline A. Wesley, P.E.
Project Manager
170 MacGregor Avenue
P.O. Box 1200
Estes Park, CO 80517
CONSULTANT:
Josh McGibbon, P.E.
Vice President
213 Linden Street, Suite 200
Fort Collins, CO 80524
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
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Town of Estes Park Professional Services Contract --Page 6 of 12
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
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Town of Estes Park Professional Services Contract --Page 7 of 12
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Jacqueline A. Wesley, P.E.
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
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Town of Estes Park Professional Services Contract --Page 8 of 12
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
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Town of Estes Park Professional Services Contract --Page 9 of 12
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon
mutual agreement of both parties.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
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Town of Estes Park Professional Services Contract --Page 10 of 12
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
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Town of Estes Park Professional Services Contract --Page 11 of 12
CONSULTANT
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2022, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
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Town of Estes Park Professional Services Contract --Page 12 of 12
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 69
Request for Proposal - General Engineering Services
ATTACHMENT A
PRICE PROPOSAL FORM
Company Name:______________________________________________________
Position Title*
Rate
Project Start
Through
12/31/22
Rate
01/01/23
Through
12/31/23
% Increase
01/01/24
Through
12/31/24
Note: For applicable disciplines (e.g., surveying, geotechnical) submit a separate sheet
with the additional non-hourly services (laboratory, drilling) or required equipment.
Terms
Payment Terms: Net 30
Markup Allowed on Sub-consultants: 5%
*All position titles to be used on Task Order assignments must be shown.
** All costs must be included in the hourly rates. No additional project costs will be
allowed. Incidental expenses, including, but not limited to, the following should be
incorporated into labor rates and shall not be billed as a separate charge:
•Telephone charges
•Postage and delivery
•Technology costs (computer usage, office equipment, etc.)
•Accounting
•Marketing
If your company is proposing reimbursement of travel costs, describe your travel policy
i.e., limits on meals, bill rate for mileage and the hourly personnel bill rate during travel
time.
JVA, Incorporated
Auto travel shall be reimbursed at 58.5 cents per mile or at a rate set by the IRS. Costs for airfare, car rental, meals, and lodging are not anticipated for this contract. If required, JVA shall be reimbursed at direct cost.
Josh McGibbon, Principal
Mandy Rasmussen, Senior PM
John McGee, Principal
$220
$200
$164
Laurie Laos, Senior Engineer
Lillian Tolve, Project Manager
Adam Teunissen, Senior PM
$124
$136
$160
$156
$164
$224
$168
$140
$164
$160
$168
$204
$128Madeline Turner, Design Eng.
Peter Hassinger, Project Eng.
2%
4%
4%
4%
4%
4%
4%
2%
Exhibit A: Consultant's Rate Sheet
Page 70
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Surveying Services
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
King Surveyors, (Consultant), a Colorado corporation, whose address is 650 East Garden Drive,
Windsor, CO 80550, make this Contract this ___ day of , 2022, at the Town of
Estes Park, Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and
1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Page(s)
2.5 The following Special Conditions of the Contract, if any:
Document Title Page(s)
2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for
particular assignments for Consultant;
2.7 Consultant's Rate Sheet attached hereto as Exhibit A; and
2.8 Insurance Certificates.
Attachment 5
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Town of Estes Park Professional Services Contract --Page 2 of 12
3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders
for Surveying Services, when requested by the Town. The Town shall provide the
Consultant with a Request for Services, and the Consultant may accept or deny the Request
for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated
cost for the services based on the Consultant’s Rate Sheet (Exhibit A). Consultant shall
provide and furnish at its own cost and expense all materials, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services necessary to provide its
Services in strict accordance with the conditions and prices stated in the Contract
Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for
Services, the Consultant shall begin services under this Contract upon receiving Town’s
notice to proceed. Consultant shall timely perform its Services, by the time described in the
accepted Request for Services. This shall occur on an as-needed basis for each individual
assignment under this Contract.
5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Consultant for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Consultant, as described in section 2.7. This Contract does not create a
multiple fiscal year direct or indirect debt or other financial obligation. Each request for
service shall incur a concurrent debt for that request only. All financial obligations of the
Town under this Contract are contingent upon appropriation, budgeting, and availability of
specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
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Town of Estes Park Professional Services Contract --Page 3 of 12
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town’s requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s Rate Sheet.
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
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Town of Estes Park Professional Services Contract --Page 4 of 12
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
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Town of Estes Park Professional Services Contract --Page 5 of 12
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Jacqueline A. Wesley, P.E.
Project Manager
170 MacGregor Avenue
P.O. Box 1200
Estes Park, CO 80517
CONSULTANT:
Paul B. Groves, PLS
President
650 East Garden Drive
Windsor, CO 80550
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
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Town of Estes Park Professional Services Contract --Page 6 of 12
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
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Town of Estes Park Professional Services Contract --Page 7 of 12
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Jacqueline A. Wesley, P.E.
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
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Town of Estes Park Professional Services Contract --Page 8 of 12
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
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Town of Estes Park Professional Services Contract --Page 9 of 12
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon
mutual agreement of both parties.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
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Town of Estes Park Professional Services Contract --Page 10 of 12
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
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Town of Estes Park Professional Services Contract --Page 11 of 12
CONSULTANT
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2022, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
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Town of Estes Park Professional Services Contract --Page 12 of 12
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 82
650 East Garden Drive I Windsor, Colorado 80550 I p. 970.686.5011 I f. 970.686.5821
www.kingsurveyors.com
Standard Hourly Rate Schedule
Effective: December 12, 2021
Project Surveyor $121.00/hr.
Project Manager $105.00/hr.
Processing:
Draftsman $101.00/hr.
CAD Technician I $92.000/hr.
CAD Technician II $87.00/hr.
Field:
Crew Rate (2-man) $165.00/hr.
GPS Crew $159.00/hr.
Crew Chief $101.00/hr.
Expert Witness $222.00/hr.
Clerical $53.00/hr.
A.T.V. $40.00/hr.
Boat $40.00/hr.
Copies:
8 ½ X 11” $0.15/copy
8 ½” X 14” $0.20/copy
11” X 17” $0.25/copy
18” X 24” Prints $1.50/copy
24” X 36” Prints $2.00/copy
24” X 36” Mylars $8.00/copy
** All copies & meetings are billed in addition to estimates, unless otherwise noted. **
** All fees are subject to change without notice**
Exhibit A: Consultant's Rate Sheet
Page 83
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Geotechnical Services
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Kumar & Associates, Inc. (Consultant), a Colorado corporation, whose address is 2390 South
Lipan Street, Denver, CO 80223, make this Contract this ______ day of , 2022, at the
Town of Estes Park, Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the Services of Consultant as described herein; and
1.2 Consultant has agreed to provide the Services, on the terms and conditions stated in
this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Page(s)
2.5 The following Special Conditions of the Contract, if any:
Document Title Page(s)
2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for
particular assignments for Consultant;
2.7 Consultant's Rate Sheet, attached hereto as Exhibit A; and
2.8 Insurance Certificates.
Attachment 6
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Town of Estes Park Professional Services Contract --Page 2 of 12
3 SCOPE OF SERVICES: Consultant shall provide professional services related to Task
Orders for the Geotechnical Services, when requested by the Town. The Town shall provide
the Consultant with a Request for Services, and the Consultant may accept or deny the
Request for Services. If the Consultant accepts, the Consultant shall provide the Town an
estimated cost for the services based on the Consultant’s Rate Sheet (Exhibit A). Consultant
shall provide and furnish at its own cost and expense all materials, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and services necessary to
provide its Services in strict accordance with the conditions and prices stated in the Contract
Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for
Services, the Consultant shall begin services under this Contract upon receiving Town’s
notice to proceed. Consultant shall timely perform its Services, by the time described in the
accepted Request for Services. This shall occur on an as-needed basis for each individual
assignment under this Contract.
5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Consultant for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Consultant, as described in section 2.7. This Contract does not create a
multiple fiscal year direct or indirect debt or other financial obligation. Each request for
service shall incur a concurrent debt for that request only. All financial obligations of the
Town under this Contract are contingent upon appropriation, budgeting, and availability of
specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
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Town of Estes Park Professional Services Contract --Page 3 of 12
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town’s requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s Rate Sheet.
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
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Town of Estes Park Professional Services Contract --Page 4 of 12
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
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Town of Estes Park Professional Services Contract --Page 5 of 12
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Jacqueline A. Wesley, P.E.
Project Manager
170 MacGregor Avenue
P.O. Box 1200
Estes Park, CO 80517
CONSULTANT:
Josh Barker, P.E.
Principal, Fort Collins Branch Manager
2390 South Lipan Street
Denver, CO 80223
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
Page 88
Town of Estes Park Professional Services Contract --Page 6 of 12
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
Page 89
Town of Estes Park Professional Services Contract --Page 7 of 12
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Jacqueline A. Wesley, P.E.
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
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Town of Estes Park Professional Services Contract --Page 8 of 12
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
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Town of Estes Park Professional Services Contract --Page 9 of 12
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon
mutual agreement of both parties.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
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Town of Estes Park Professional Services Contract --Page 10 of 12
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
Page 93
Town of Estes Park Professional Services Contract --Page 11 of 12
CONSULTANT
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2022, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 94
Town of Estes Park Professional Services Contract --Page 12 of 12
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 95
Request for Proposal - General Engineering Services
ATTACHMENT A
PRICE PROPOSAL FORM
Company Name:______________________________________________________
Position Title*
Rate
Project Start
Through
12/31/22
Rate
01/01/23
Through
12/31/23
% Increase
01/01/24
Through
12/31/24
Note: For applicable disciplines (e.g., surveying, geotechnical) submit a separate sheet
with the additional non-hourly services (laboratory, drilling) or required equipment.
Terms
Payment Terms: Net 30
Markup Allowed on Sub-consultants: 5%
*All position titles to be used on Task Order assignments must be shown.
** All costs must be included in the hourly rates. No additional project costs will be
allowed. Incidental expenses, including, but not limited to, the following should be
incorporated into labor rates and shall not be billed as a separate charge:
•Telephone charges
•Postage and delivery
•Technology costs (computer usage, office equipment, etc.)
•Accounting
•Marketing
If your company is proposing reimbursement of travel costs, describe your travel policy
i.e., limits on meals, bill rate for mileage and the hourly personnel bill rate during travel
time.
Exhibit A: Consultant's Rate Sheet
Page 96
PROFESSIONAL SERVICES FEE SCHEDULE
ENGINEERING, ENVIRONMENTAL AND FIELD TECHNICAL SERVICES
Principal Engineer ................................................................................................................................................................................................. $190.00 - $230.00/hr.
Senior Project Engineer/Geologist/Manager ......................................................................................................................................................... $135.00 - $195.00/hr.
Project Engineer/Geologist/Scientist ..................................................................................................................................................................... $105.00 - $135.00/hr.
Staff Engineer/Geologist/Scientist ........................................................................................................................................................................... $85.00 - $110.00/hr.
Project Supervisor ................................................................................................................................................................................................. $100.00 - $140.00/hr.
Construction Inspector I ............................................................................................................................................................................................ $70.00 - $80.00/hr.
Construction Inspector II .......................................................................................................................................................................................... $80.00 - $100.00/hr.
Environmental Specialist/Scientist ........................................................................................................................................................................... $90.00 - $135.00/hr.
Environmental Field Technician/Geologist ................................................................................................................................................................ $85.00 - $95.00/hr.
Safety Professional ................................................................................................................................................................................................ $110.00 - $125.00/hr.
Project Administrator ............................................................................................................................................................................................. $110.00 - $130.00/hr.
Staff Administrator ..................................................................................................................................................................................................... $70.00 - $80.00/hr.
Exploration Field Engineer/Technician/Geologist .................................................................................................................................................... $75.00 - $100.00/hr. Construction Materials Testing Technicians:
▪Field Observation ........................................................................................................................................................................................ $65.00 - $75.00/hr.
▪Concrete ..................................................................................................................................................................................................... $53.00 - $63.00/hr.
▪Soils, Reinforcing Steel, Asphalt ................................................................................................................................................................. $55.00 - $65.00/hr.
▪Piers, Masonry ............................................................................................................................................................................................ $62.00 - $72.00/hr.
▪Fireproofing ................................................................................................................................................................................................. $75.00 - $85.00/hr.
▪Post-Tensioning .......................................................................................................................................................................................... $55.00 - $70.00/hr.
▪Floor Flatness ............................................................................................................................................................................................. $80.00 - $90.00/hr.
▪Structural Steel ........................................................................................................................................................................................... $80.00 - $90.00/hr.
▪UL Fire Stop Inspection ..................................................................................................................................................................................... Call for Pricing
Laboratory Technician/Sample Preparation .............................................................................................................................................................. $45.00 - $55.00/hr. Word Processing ...................................................................................................................................................................................................... $55.00 - $70.00/hr.
Drafting .................................................................................................................................................................................................................... $80.00 - $100.00/hr.
Litigation/Expert Witness/Deposition ..................................................................................................................................................................... $175.00 - $350.00/hr.
OTHER DIRECT CHARGES
Out of Town Expenses, Travel, Rental Etc... ........................................................................................................................................................................ Cost + 15%
SUBSURFACE EXPLORATION, SAMPLING, MONITORING WELL INSTALLATION
Exploration Subcontractor Subconsultant's (4-Inch Solid Auger, Hollow Stem Auger,
Rotary and Diamond Core Drilling, Exploratory Pit Excavation, ATV Drill Rig, Geophysical Exploration, Specialty Sampling, etc .) ................................. Cost + 15%
Materials/Equipment Rental/Outsourced Laboratory Testing/Subconsultants ...................................................................................................................... Cost + 15%
Falling Weight Deflectometer (Includes Operator) ................................................................................................................................................................. $250.00/hr.
Concrete/Asphalt Coring ....................................................................................................................................................................................................... $100.00/hr.
Photoionization Detector ..................................................................................................................................................................................................... $100.00/Day
LEL/CO/H2S/O2 Meter ......................................................................................................................................................................................................... $100.00/Day
Conductivity, Temperature, pH Tester ................................................................................................................................................................................... $25.00/Day
Personal Protective Equipment .............................................................................................................................................................. Rates Quoted on Project Basis
LABORATORY TESTING
Soils
Moisture Content (ASTM D2216) ........................................................................................................................................................................................... $10.00 ea.
Moisture Content & Density (ASTM D2216) ........................................................................................................................................................................... $15.00 ea.
Gradation (ASTM D6913) ....................................................................................................................................................................................................... $85.00 ea.
Hydrometer (ASTM D7928) .................................................................................................................................................................................................... $90.00 ea.
Double Hydrometer (ASTM D4221) ...................................................................................................................................................................................... $225.00 ea.
Percent Less than #200 Sieve (ASTM D1140) ....................................................................................................................................................................... $30.00 ea.
Atterberg Limits (ASTM D4318) Method A ............................................................................................................................................................................. $75.00 ea.
Atterberg Limits (ASTM D4318) Method B ............................................................................................................................................................................. $50.00 ea.
Standard Proctor (ASTM D698) ............................................................................................................................................................................................ $100.00 ea.
Modified Proctor (ASTM D1557) ........................................................................................................................................................................................... $120.00 ea.
Soil/Cement Proctor (ASTM D558) ....................................................................................................................................................................................... $135.00 ea.
Proctor Checkpoint (ASTM D698 or ASTM D1557) ................................................................................................................................................................ $50.00 ea.
Relative Density (ASTM D4253 and ASTM D4254) ............................................................................................................................................................. $175.00 ea.
Specific Gravity (ASTM D854) ................................................................................................................................................................................................ $90.00 ea.
Standard Swell-Consolidation (ASTM D4546) ........................................................................................................................................................................ $80.00 ea.
Air-Dried Swell-Consolidation (ASTM D4546) ........................................................................................................................................................................ $90.00 ea.
Remolded Swell-Consolidation (ASTM D4546) .................................................................................................................................................................... $120.00 ea.
Time/Consolidation (ASTM D2435) ...................................................................................................................................................................................... $325.00 ea.
Unconfined Compressive Strength (ASTM D2166) ................................................................................................................................................................ $75.00 ea.
Slake Durability (ASTM D4644) ............................................................................................................................................................................................ $100.00 ea.
Pinhole Dispersion (ASTM D4647) ....................................................................................................................................................................................... $150.00 ea.
Water Soluble Sulfates (AASHTO T290, CP-L 2103) ............................................................................................................................................................. $50.00 ea.
pH (ASTM E70) ...................................................................................................................................................................................................................... $50.00 ea.
Chloride (AASHTO T291, CP-L 2104) .................................................................................................................................................................................... $50.00 ea.
Re-Dox (ASTM D1498) .......................................................................................................................................................................................................... $50.00 ea.
Sulfides (Hach Procedure) ..................................................................................................................................................................................................... $50.00 ea.
Electrical Resistivity (ASTM G57) ......................................................................................................................................................................................... $150.00 ea.
Organics (AASHTO T267) ...................................................................................................................................................................................................... $75.00 ea.
R-Value (ASTM D2844) ........................................................................................................................................................................................................ $350.00 ea.
California Bearing Ratio (ASTM D1883) 1-Pt. ...................................................................................................................................................................... $150.00 ea.
California Bearing Ratio (ASTM D1883) 3-Pt. ...................................................................................................................................................................... $400.00 ea.
Soil/Lime, Soil/Cement Mix Analysis ................................................................................................................................................................................ Call for Pricing
Freeze/Thaw (ASTM D560) .................................................................................................................................................................................................. $400.00 ea.
Wet/Dry (ASTM D559) .......................................................................................................................................................................................................... $400.00 ea.
Compressive Strength of Soil-Cement (ASTM D1633) ........................................................................................................................................................... $75.00 ea.
Direct Shear/per point (ASTM D3080)
Unconsolidated-Undrained (Quick Test) ............................................................................................................................................................................ $150.00 ea.
Residual Strength, Additional Per Carriage Reversal .......................................................................................................................................................... $50.00 ea.
Drained Tests Quoted on Project-Specific Basis
X:\Marketing Materials\FEE SCHEDULES\2022\1-Professional\Prof Fee Schedule 03-09-22 Range.doc
Kumar & Associates, Inc.®
Page 97
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Water Distribution System
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
CONSOR North America, Inc. dba MurraySmith (Consultant), an Oregon S-Corporation, whose
address is 1157 W. Century Drive #220, Louisville, CO 80027, make this Contract this _____
day of ___________, 2022, at the Town of Estes Park, Colorado, considering the following facts
and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Consultant as described herein; and
1.2 Consultant has agreed to provide the Services, on the terms and conditions stated in
this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Page(s)
2.5 The following Special Conditions of the Contract, if any:
Document Title Page(s)
2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for
particular assignments for Consultant;
2.7 Consultant's Rate Sheet, attached hereto as Exhibit A; and
Attachment 7
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Town of Estes Park Professional Services Contract --Page 2 of 12
2.8 Insurance Certificates.
3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders
for Water Distribution System, when requested by the Town. The Town shall provide the
Consultant with a Request for Services, and the Consultant may accept or deny the Request
for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated
cost for the services based on the Consultant’s Rate Sheet. Consultant shall provide and
furnish at its own cost and expense all materials, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services necessary to provide its
Services in strict accordance with the conditions and prices stated in the Contract
Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for
Services, the Consultant shall begin services under this Contract upon receiving Town’s
notice to proceed. Consultant shall timely perform its Services, by the time described in the
accepted Request for Services. This shall occur on an as-needed basis for each individual
assignment under this Contract.
5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Consultant for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Consultant, as described in section 2.7. This Contract does not create a
multiple fiscal year direct or indirect debt or other financial obligation. Each request for
service shall incur a concurrent debt for that request only. All financial obligations of the
Town under this Contract are contingent upon appropriation, budgeting, and availability of
specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
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Town of Estes Park Professional Services Contract --Page 3 of 12
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its
reasonable best efforts, skill, judgment, and abilities. Consultant will further the
interests of Town according to Town’s requirements and procedures, according to the
standards of the profession.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s fee schedule attached to Consultant’s Rate
Sheet.
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Town of Estes Park Professional Services Contract --Page 4 of 12
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in an efficient and economical manner consistent with the best
interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
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Town of Estes Park Professional Services Contract --Page 5 of 12
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Jacqueline A. Wesley, P.E.
Project Manager
170 MacGregor Avenue
P.O. Box 1200
Estes Park, CO 80517
CONSULTANT:
Joel Price, PE, LEED AP
Officer-in-Charge
1157 W. Century Dr, #220
Louisville, CO 80027
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
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Town of Estes Park Professional Services Contract --Page 6 of 12
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
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Town of Estes Park Professional Services Contract --Page 7 of 12
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Jacqueline A. Wesley, P.E.
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
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Town of Estes Park Professional Services Contract --Page 8 of 12
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
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Town of Estes Park Professional Services Contract --Page 9 of 12
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon
mutual agreement of both parties.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
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Town of Estes Park Professional Services Contract --Page 10 of 12
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
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Town of Estes Park Professional Services Contract --Page 11 of 12
CONSULTANT
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2022, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
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Town of Estes Park Professional Services Contract --Page 12 of 12
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 109
Position Title*Rate Project Start
Through 12/31/22
% Increase 01/01/24
Through 12/31/24
Principal Engineer III $251 4%
Principal Engineer II $242 4%
Principal Engineer I $233 4%
Professional Engineer IX $222 4%
Professional Engineer VIII $212 4%
Professional Engineer VII $200 4%
Professional Engineer VI $191 4%
Professional Engineer V $179 4%
Professional Engineer IV $169 4%
Professional Engineer III $164 4%
Engineering Designer VIII $203 4%
Engineering Designer VII $193 4%
Engineering Designer VI $184 4%
Engineering Designer V $172 4%
Engineering Designer IV $169 4%
Engineering Designer III $164 4%
Engineering Designer II $150 4%
Cost Estimator III $263 4%
Cost Estimator II $210 4%
Technician IV $163 4%
Technician III $146 4%
Technician II $126 4%
Technician I $107 4%
Administrative II $107 4%
Administrative I1 $94 4%
*All position titles to be used on Task Order assignments must be shown.
** All costs must be included in the hourly rates. No additional project costs will be allowed. Incidental expenses, including,
but not limited to, the following should be incorporated into labor rates and shall not be billed as a separate charge:
• Telephone charges
•Postage and delivery
•Technology costs (computer usage, office equipment, etc.)
• Accounting
• Marketing
If your company is proposing reimbursement of travel costs, describe your travel policy i.e., limits on meals, bill rate for
mileage and the hourly personnel bill rate during travel time.
Payment Terms:
Markup Allowed on Sub-consultants:
Net 30
5%
$186
$176
$211
$201
$98
$171
$191
$179
$176
$171
$156
$274
$218
$242
$231
$220
$208
$199
Request for Proposal - General Engineering Services
ATTACHMENT A PRICE PROPOSAL FORM
Company Name: Murraysmith
Rate 01/01/23
Through 12/31/23
$261
$252
Note: For applicable disciplines (e.g., surveying, geotechnical) submit a separate sheet with the additional non-hourly
services (laboratory, drilling) or required equipment.
Terms
$111
$170
$152
$131
$111
Exhibit A: Consultant's Rate Sheet
Page 110
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Instrumentation and Controls
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Plummer Associates, Inc. (Consultant), a Texas C-Corporation, whose address is 1221 Auraria
Parkway, Denver, CO 80204, make this Contract this _____ day of , 2022,
at the Town of Estes Park, Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the Services of Consultant as described herein; and
1.2 Consultant has agreed to provide the Services, on the terms and conditions stated in
this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Page(s)
2.5 The following Special Conditions of the Contract, if any:
Document Title Page(s)
2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for
particular assignments for Consultant;
2.7 Consultant's Rate Sheet attached hereto as Exhibit A; and
2.8 Insurance Certificates.
Attachment 8
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Town of Estes Park Professional Services Contract --Page 2 of 12
3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders
for Instrumentation and Controls, when requested by the Town. The Town shall provide the
Consultant with a Request for Services, and the Consultant may accept or deny the Request
for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated
cost for the services based on the Consultant’s Rate Sheet (Exhibit A). Consultant shall
provide and furnish at its own cost and expense all materials, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services necessary to provide its
Services in strict accordance with the conditions and prices stated in the Contract
Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for
Services, the Consultant shall begin services under this Contract upon receiving Town’s
notice to proceed. Consultant shall timely perform its Services, by the time described in the
accepted Request for Services. This shall occur on an as-needed basis for each individual
assignment under this Contract.
5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Consultant for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Consultant, as described in section 2.7. This Contract does not create a
multiple fiscal year direct or indirect debt or other financial obligation. Each request for
service shall incur a concurrent debt for that request only. All financial obligations of the
Town under this Contract are contingent upon appropriation, budgeting, and availability of
specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
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Town of Estes Park Professional Services Contract --Page 3 of 12
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town’s requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s Rate Sheet.
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
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Town of Estes Park Professional Services Contract --Page 4 of 12
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
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Town of Estes Park Professional Services Contract --Page 5 of 12
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Jacqueline A. Wesley, P.E.
Project Manager
170 MacGregor Avenue
P.O. Box 1200
Estes Park, CO 80517
CONSULTANT:
Patrick O’Brien, PE, PMP
Principal, Mountain West Area Leader
1221 Auraria Parkway
Denver, CO 80204
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
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Town of Estes Park Professional Services Contract --Page 6 of 12
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
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Town of Estes Park Professional Services Contract --Page 7 of 12
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Jacqueline A. Wesley, P.E.
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
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Town of Estes Park Professional Services Contract --Page 8 of 12
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
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Town of Estes Park Professional Services Contract --Page 9 of 12
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon
mutual agreement of both parties.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
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Town of Estes Park Professional Services Contract --Page 10 of 12
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
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Town of Estes Park Professional Services Contract --Page 11 of 12
CONSULTANT
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2022, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
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Town of Estes Park Professional Services Contract --Page 12 of 12
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 122
ATTACHMENT A
PLUMMER ASSOCIATES, INC.
HOURLY FEE SCHEDULE
2022
Staff Description Staff Code 2022 Rate 2023 Rate 2024 Rate
Admin Staff A1 – A2 $90.00 $90.00 $94.00
Admin Staff III A3 $95.00 $95.00 $99.00
Senior Admin Staff A4 $100.00 $100.00 $104.00
Designer/Technician C1-C2 $90.00 $90.00 $94.00
Designer/Technician III C3 $120.00 $120.00 $125.00
Senior Designer/Technician C4 $140.00 $140.00 $146.00
Construction Manager in Training (CMIT) CM1 $115.00 $115.00 $120.00
Construction Manager in Training II CM2 $125.00 $125.00 $130.00
Construction Manager in Training III CM3 $140.00 $140.00 $146.00
Construction Manager IV CM4 $145.00 $145.00 $151.00
Construction Manager V CM5 $175.00 $175.00 $182.00
Construction Manager CM6 $215.00 $215.00 $224.00
Senior Construction Manager CM7 $240.00 $240.00 $250.00
Principal Construction Manager CM8 $260.00 $260.00 $270.00
Resident Project Rep. I RR1 $80.00 $80.00 $83.00
Resident Project Rep. II RR2 $110.00 $110.00 $114.00
Resident Project Rep. III RR3 $130.00 $130.00 $135.00
Lead Resident Project Rep. RR4 $135.00 $135.00 $140.00
Field Tech I LS1 $80.00 $80.00 $83.00
Field Tech II LS2 $95.00 $95.00 $99.00
Survey Specialist I LS3 $105.00 $105.00 $109.00
Survey Specialist II LS4 $115.00 $115.00 $120.00
Survey Analyst LS5 $135.00 $135.00 $140.00
Chief of Parties LS6 $150.00 $150.00 $156.00
Engineer/Scientist Intern ES0 $60.00 $60.00 $62.00
Engineer-in-Training/Scientist-in-Training ES1 $115.00 $115.00 $120.00
Engineer-in-Training/Scientist-in-Training II ES2 $125.00 $125.00 $130.00
Engineer-in-Training/Scientist-in-Training III ES3 $140.00 $140.00 $146.00
Project Engineer/Scientist ES4 $145.00 $145.00 $151.00
Senior Project Engineer/Scientist ES5 $175.00 $175.00 $182.00
Project Manager ES6 $215.00 $215.00 $224.00
Senior Project Manager ES7 $240.00 $240.00 $250.00
Principal I ES8 $305.00 $305.00 $317.00
Principal II ES9 $320.00 $320.00 $334.00
Electrical Engineer in Training I EE1 $95.00 $95.00 $99.00
Electrical Engineer in Training II EE2 $120.00 $120.00 $125.00
Electrical Engineer in Training III EE3 $135.00 $135.00 $140.00
Electrical Specialist EE4 $145.00 $145.00 $151.00
Programmer EE5 $175.00 $175.00 $182.00
Programmer II EE6 $200.00 $200.00 $208.00
Senior Electrical Engineer EE7 $280.00 $280.00 $291.00
Billing rate may be adjusted by up to 4 percent annually (at the beginning of each calendar year)
during the term of this agreement.
A multiplier of 1.15 will be applied to all direct expenses.
Guidelines on travel expenses are as follows: Breakfast $16.00; Lunch $17.00; Dinner $31.00, gratuity should not
exceed 20 percent. Mileage: Travel will be paid the IRS Circular E published rate per mile.
Patrick O'Brien, PE, PMP
Principal
Exhibit A: Consultant's Rate Sheet
Page 123
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Surveying Services
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
SurvWest, LLC (Consultant), a Colorado limited liability company, whose address is 6501 E.
Belleview Avenue, Suite 300, Englewood, CO 80111, make this Contract this _____ day of
, 2022, at the Town of Estes Park, Colorado, considering the following facts and
circumstances:
1 RECITALS:
1.1 Town desires to use the Services of Consultant as described herein; and
1.2 Consultant has agreed to provide the Services, on the terms and conditions stated in
this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Page(s)
2.5 The following Special Conditions of the Contract, if any:
Document Title Page(s)
2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for
particular assignments for Consultant;
2.7 Consultant's Rate Sheet, attached hereto as Exhibit A; and
Attachment 9
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Town of Estes Park Professional Services Contract --Page 2 of 12
2.8 Insurance Certificates.
3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders
for Surveying Services, when requested by the Town. The Town shall provide the
Consultant with a Request for Services, and the Consultant may accept or deny the Request
for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated
cost for the services based on the Consultant’s Rate Sheet (Exhibit A). Consultant shall
provide and furnish at its own cost and expense all materials, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services necessary to provide its
Services in strict accordance with the conditions and prices stated in the Contract
Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for
Services, the Consultant shall begin services under this Contract upon receiving Town’s
notice to proceed. Consultant shall timely perform its Services, by the time described in the
accepted Request for Services. This shall occur on an as-needed basis for each individual
assignment under this Contract.
5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Consultant for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Consultant, as described in section 2.7. This Contract does not create a
multiple fiscal year direct or indirect debt or other financial obligation. Each request for
service shall incur a concurrent debt for that request only. All financial obligations of the
Town under this Contract are contingent upon appropriation, budgeting, and availability of
specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
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Town of Estes Park Professional Services Contract --Page 3 of 12
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town’s requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s Rate Sheet.
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
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Town of Estes Park Professional Services Contract --Page 4 of 12
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
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Town of Estes Park Professional Services Contract --Page 5 of 12
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Jacqueline A. Wesley, P.E.
Project Manager
170 MacGregor Avenue
P.O. Box 1200
Estes Park, CO 80517
CONSULTANT:
Dallas Wilson, PLS, CFedS
Vice President/Director of Survey
6501 E. Belleview Avenue, Suite 300
Englewood, CO 80111
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
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Town of Estes Park Professional Services Contract --Page 6 of 12
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
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Town of Estes Park Professional Services Contract --Page 7 of 12
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Jacqueline A. Wesley, P.E.
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
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Town of Estes Park Professional Services Contract --Page 8 of 12
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
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Town of Estes Park Professional Services Contract --Page 9 of 12
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon
mutual agreement of both parties.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
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Town of Estes Park Professional Services Contract --Page 10 of 12
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
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Town of Estes Park Professional Services Contract --Page 11 of 12
CONSULTANT
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2022, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
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Town of Estes Park Professional Services Contract --Page 12 of 12
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 135
Exhibit A: Contractor’s Rate Sheet
Page 136
Request for Proposal - General Engineering Services
ATTACHMENT A
PRICE PROPOSAL FORM
Company Name:
Position Title*
Rate
Project Start
Through
12/31/22
Rate
01/01/23
Through
12/31/23
%Increase
01/01/24
Through
12/31/24
Survey Director $225.00 $231.75 $238.70
Senior Survey Project Manager $190.00 $195.70 $201.50
Survey Project Manager III $164.00 $172.20 $180.80
Survey Project Manager II $155.00 $162.75 $170.90
Survey Project Manager I $151.00 $158.50 $166.50
Administrative Assistant $83.00 $87.10 $91.50
Office / Field Coordinator $146.00 $153.30 $161.00
CAD Manager $159.00 $167.00 $175.30
Senior CAD Technician $122.00 $128.10 $134.50
CAD Technician $112.00 $117.60 $123.50
2 Person Field Crew $215.00 $225.75 $237.00
1 Person Field Crew $130.00 $136.50 $143.00
Note: For applicable disciplines (e.g., surveying, geotechnical) submit a separate sheet
with the additional non-hourly services (laboratory, drilling) or required equipment.
Terms
Payment Terms: Net 30
Markup Allowed on Sub -consultants: 5%
*All position titles to be used on Task Order assignments must be shown.
** All costs must be included in the hourly rates. No additional project costs will be
allowed. Incidental expenses, including, but not limited to, the following should be
incorporated into labor rates and shall not be billed as a separate charge:
Telephone charges
Postage and delivery
Technology costs (computer usage, office equipment, etc.)
Accounting
Marketing
If your company is proposing reimbursement of travel costs, describe your travel policy
i.e., limits on meals, bill rate for mileage and the hourly personnel bill rate during travel
time.
Page 10 of 25
SurvWest, LLC
Confidential
Page 137
Material and Equipment Reimbursable Expenses SurvWest, LLC
Thru
12/31/2022
Thru
12/31/2023
Thru
12/31/2024
Mileage Survey Vehicle (4X4 Truck) $0.63 / mi $0.66 / mi $0.70 / mi
LiDAR Equipment (UAS, Drone, etc.) $155 / Day $163 / Day $171 / Day
Mobile Terrestrial Laser Scanner $105 / Day $110 / Day $116 / Day
Lodging and Per Diem GSA Rates per Day
Survey Materials and Supplies At Cost (no markup)
Plotting, Printing, Binding Materials At Cost (no markup)
Overnight and Courier Fees At Cost (no markup)
Kind regards,
Dallas Wilson, PLS, CFedS
Vice President/Director of Survey
Page 138
Page 139
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Surveying Services
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Topographic, Co. (Consultant), an Oklahoma corporation, whose address is 1400 Everman
Parkway, Suite 146, Fort Worth, Texas 76140, make this Contract this _____ day of
, 2022, at the Town of Estes Park, Colorado, considering the following facts and
circumstances:
1 RECITALS:
1.1 Town desires to use the Services of Consultant as described herein; and
1.2 Consultant has agreed to provide the Services, on the terms and conditions stated in
this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Page(s)
2.5 The following Special Conditions of the Contract, if any:
Document Title Page(s)
2.6 Requests for Services (Task Orders), as issued by Town on an as-needed basis for
particular assignments for Consultant;
2.7 Consultant's Rate Sheet, attached hereto as Exhibit A; and
Attachment 10
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Town of Estes Park Professional Services Contract --Page 2 of 12
2.8 Insurance Certificates.
3 SCOPE OF SERVICES: Consultant shall provide professional services related to task orders
for Surveying Services, when requested by the Town. The Town shall provide the
Consultant with a Request for Services, and the Consultant may accept or deny the Request
for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated
cost for the services based on the Consultant’s Rate Sheet (Exhibit A). Consultant shall
provide and furnish at its own cost and expense all materials, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services necessary to provide its
Services in strict accordance with the conditions and prices stated in the Contract
Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: After accepting a Request for
Services, the Consultant shall begin services under this Contract upon receiving Town’s
notice to proceed. Consultant shall timely perform its Services, by the time described in the
accepted Request for Services. This shall occur on an as-needed basis for each individual
assignment under this Contract.
5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Consultant for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Consultant, as described in section 2.7. This Contract does not create a
multiple fiscal year direct or indirect debt or other financial obligation. Each request for
service shall incur a concurrent debt for that request only. All financial obligations of the
Town under this Contract are contingent upon appropriation, budgeting, and availability of
specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
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Town of Estes Park Professional Services Contract --Page 3 of 12
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town’s requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s Rate Sheet.
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
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Town of Estes Park Professional Services Contract --Page 4 of 12
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
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Town of Estes Park Professional Services Contract --Page 5 of 12
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Jacqueline A. Wesley, P.E.
Project Manager
170 MacGregor Avenue
P.O. Box 1200
Estes Park, CO 80517
CONSULTANT:
S. Erik Dumas
Director of Civil Surveying
520 Stacey Court, Unit B
Lafayette, CO 80026
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
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Town of Estes Park Professional Services Contract --Page 6 of 12
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
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Town of Estes Park Professional Services Contract --Page 7 of 12
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Jacqueline A. Wesley, P.E.
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
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Town of Estes Park Professional Services Contract --Page 8 of 12
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
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Town of Estes Park Professional Services Contract --Page 9 of 12
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2024, with the option of two (2) additional renewals, on an annual basis, upon
mutual agreement of both parties.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
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Town of Estes Park Professional Services Contract --Page 10 of 12
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
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Town of Estes Park Professional Services Contract --Page 11 of 12
CONSULTANT
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2022, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
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Town of Estes Park Professional Services Contract --Page 12 of 12
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 151
Request for Proposal - General Engineering Services
RFP-UT-22-01
ATTACHMENT A
PRICE PROPOSAL FORM
Company Name:______________________________________________________
Position Title*
Hourly Rate*
Project Start
Through
12/31/22
Hourly Rate*
01/01/23
Through
12/31/23
% Increase
01/01/24
Through
12/31/24
*Inclusive of the established rates; all survey equipment, standard tools, field consumables
and insurance coverage on all employees and equipment.
TRAVEL REIMBURSEMENT POLICY
Local personnel only (Lafayette, Co) will be assigned to on-site Town of Estes Park tasks.
1.Mileage to/from jobsite(s) $0.85/mile
2.Personnel during travel time Standard Hourly Rate
Terms
Payment Terms: Net 30
Markup Allowed on Sub-consultants: 5%
$145.00 $145.00
0%
Project Surveyor
Project Manager
TOPOGRAPHIC CO.
Project Manager (PLS)
One-Person Survey Crew
Two-Person Survey Crew
Three-Person Survey Crew
Field Supervisor
$190.00
$235.00
$165.00
$100.00
$165.00
$190.00
$235.00
$100.00
$120.00
$120.00
$110.00Survey Technician
$95.00Drafter
__________________________________S. Erik DumasDirector of Civil Surveying
____6-17-22______
Date
0%
0%
0%
0%
$120.00
$120.00
$110.00
$95.00
0%
0%
0%
0%
Exhibit A: Consultant's Rate Sheet
Page 152
Page 153
MUSEUM Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Derek Fortini, Museum Director
Date: September 27, 2022
RE: Resolution 77-22: Covenant and Grant Award for Birch Ruins Preservation
Phase II with State of Colorado.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Obtain Town Board preliminary approval to accept a 2022 grant from the State
Historical Fund, by approving a required covenant. The grant would pay for
construction necessary to complete the extended viewing platform located at the Birch
Ruins.
Present Situation:
Since the Museum assumed responsibility of the Birch Ruins and Birch Cabin in 2001,
periodic efforts have been made to enhance the site as resources to do so become
available. With the 2017 Centennial Legacy project focused on improvements to the
Knoll-Willows property, the Museum took steps to make much needed improvements to
the experience, preservation, and understanding of the historic structures located there.
In October of 2016, the Museum received a grant through the State Historical Fund to
produce construction documents that would improve the Birch Ruins and Birch Cabin.
The second part of that grant to complete the work was awarded to the Town/Museum
in July 2018 with work taking place in 2019-2020 to improve the Birch Ruins including
stabilizing the structural rock walls with masonry work, extending the current viewing
platform, and the installation of historic information signage related to the Ruins and
Cabin. Unfortunately, due to increased cost of steel from the award of the grant and
actual construction, the scope of the extended viewing platform was reduced.
Accepting this grant would provide the funds necessary to complete the viewing
platform to the original 2016 design. The State has requested that the Town approve
the covenant (included here as Exhibit E to the draft Grant Agreement) before it
completes the final draft of the Grant Agreement that will govern the project. Because
Exhibit E/Covenant Agreement refers to the Grant Agreement, the draft Agreement has
Page 154
been provided. It is believed by both parties that other than date revisions to the draft
Agreement, no major changes will incur. By approving Exhibit E/Covenant Agreement,
the State will finalize the Grant Agreement for the Town Board to approve at a future
date. The final Grant Agreement will allow State funds to be accepted to complete the
platform and conclude the interpretation and preservation project. The covenant will not
take effect unless and until the Grant Agreement is mutually executed and all committed
funds are paid to the Town.
The completion of the platform extension will further protect the Ruins structure while
allowing safe access to more of the site/structure.
Proposal:
The State Historical Fund requires a 25% match from grant applicants. The match for
this project was budgeted as part of the Centennial budget item. The project will be
managed by Museum Director Fortini. Accepting this grant will complete the
improvements for the site. As an unstaffed historic site, it is important to provide a safe
experience for visitors, inform them of the significance of the site, as well as protect and
preserve the structures. The award is good for up to three years, but staff plans to begin
work as soon as possible. The process to complete the grant work entails to review the
grant with History Colorado staff and all contractors/Town staff, review project and
standards for rehabilitation with the engineer and metal fabricator, complete the
walkway construction, and conclude the project with a public presentation/tour at the
site.
Advantages:
• The extended walkway at the Ruins will enhance the ability of visitors to explore
the entire structure in a safe manner and, as designed, the platform also better
protects the Ruins.
• The completion of this step will conclude the 2016 Interpretation and
Preservation of the Birch Ruins and Cabin project.
Disadvantages:
• None.
Action Recommended:
Town Board acceptance and approval of the 2022 State Historical Fund grant for the
improvement of the Birch Cabin and Ruins.
Finance/Resource Impact:
The entire project is expected to cost $25,991. The grant request is for $19,491
(74.99%) with a Town match of $6,500 (25.01%). The grant match is budgeted within
the Centennial Project revenue line 101-1300-343.40-00 and would be expensed
through 101-1300-413.29-33 (Project WILL22).
Level of Public Interest
Medium. If the grant is accepted there will be a press release issued and progress of
the work will be highlighted on the Museum’s Facebook page and members-only
Page 155
newsletter. Once the entire project is completed, the Museum plans to resume public
tours of the site/property in 2023.
Sample Motion:
I move to (approve/deny) Resolution 77-22.
Attachments:
1.Resolution 77-22
2.State Historical Fund Contract draft and Covenant Agreement/Exhibit E
Page 156
RESOLUTION 77-22
A RESOLUTION GRANTING A COVENANT TO THE STATE OF COLORADO OVER
THE BIRCH RUINS BUILDING FOOTPRINTS IN CONNECTION WITH A GRANT
AWARD FROM HISTORY COLORADO FOR EXTENSION OF THE ELEVATED
WALKWAY
WHEREAS, the Town Board desires to complete the extended viewing platform
located at the Birch Ruins at Centennial Open Space at Knoll Willows; and
WHEREAS, the State of Colorado, through the State Historic Fund, desires to
partially fund the completion of the viewing platform through its competitive grant fund
program; and
WHEREAS, the completion of the viewing platform would conclude the most
recent phase of preservation and interpretation of the Birch Ruins and Cabin located at
Centennial Open Space at Knoll Willows.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the covenant referenced
in the title of this resolution in substantially the form now before the Board as Exhibit E to
a draft grant agreement with the State of Colorado.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
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Page 1 of 18 Version 07.2022
COVER PAGE
State Agency
Department of Higher Education, History Colorado, the Colorado Historical Society
SHF Grant Number
2022-M2-018
Grantee
Town of Estes Park
Agreement Start Date
Agreement Maximum Amount
$19,491.00
Maximum Grant Funds Percentage
74.99%
Initial Agreement End Date
Cash Match Amount
$6,500.00
Cash Match Percentage
25.01%
Encumbrance:
POGG1 2022*3461
Agreement Authority
Authority exists under the State Constitution article XVIII, §9(5)(b)(III) and CRS §44-30-1201 for the annual distribution of
monies from the State Historical Fund (SHF).
Agreement Purpose
The purpose of this project is to complete the elevated walkway at the Birch Ruins in Estes Park, Colorado.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1.Exhibit A, Scope of Work
2.Exhibit B, Budget
3.Exhibit C, Submittals & Deliverables
4.Exhibit D, SHF Provisions
5.Exhibit E, Property Protection
6.Exhibit F, Sample Option Letter
7.Attachment 1, SHF Payment Request & Financial Report form
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1.Colorado Special Provisions in §19 of the main body of this Agreement.
2.The provisions of the other sections of the main body of this Agreement.
3.Exhibit A, Scope of Work
4.Exhibit B, Budget
5.Exhibit C, Submittals & Deliverables
6.Exhibit D, SHF Provisions
7.Exhibit E, Property Protection
8.Exhibit F, Option Letter
Principal Representatives
For the State: For Grantee:
Dawn DiPrince Mr. Derek Fortini
Executive Director Estes Park Museum Director
History Colorado
1200 Broadway
200 4th Street
Estes Park, Colorado 80517
dfortini@estes.org Denver, Colorado 80203
Dawn.DiPrince@state.co.us
STATE OF COLORADO GRANT AGREEMENT
Attachment 2
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Page 2 of 18 Version 07.2022
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement
and to bind the Party authorizing such signature.
GRANTEE
Town of Estes Park
______________________________________________
By: Mayor, Mayor Pro Tem, or Designated Delegate
Date: _________________________
______________________________________________
Title of Authorized Officer
STATE OF COLORADO
Jared S. Polis, Governor
History Colorado
Dawn DiPrince, Executive Director or Designee
______________________________________________
By: Dawn DiPrince or Designee
Date: _________________________
GRANTEE
Town of Estes Park
______________________________________________
By: Town Clerk
Date: _________________________
GRANTEE
Town of Estes Park
_________________________________________________
By: Town Attorney
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Breanne Nugent, Contracts Officer
Effective Date: _____________________
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Page 3 of 18 Version 07.2022
1. PARTIES
This Agreement is entered into by and between Grantee named on the Cover Page for this Agreement (the
“Grantee”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for
this Agreement (the “State”). Grantee and the State agree to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Agreement End Date shown on the Signature and Cover Page for this Agreement. The State
shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation
to pay Grantee for any Work performed or expense incurred before the Effective Date, except as described in
§6.D, or after the Agreement End Date.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Start Date
shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement End Date shown on
the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated or further extended in
accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for a maximum of three successive periods, of one year or less at the same rates
and under the same terms specified in this Agreement (each such period an “Extension Term”). In order to
exercise this option, the State shall provide written notice to Grantee in a form substantially equivalent to
Sample Option Letter attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at its
discretion, upon written notice to Grantee as provided in §15, may unilaterally extend such Initial Term or
Extension Term for a period not to exceed two months (an “End of Term Extension”), regardless of whether
additional Extension Terms are available or not. The provisions of this Agreement in effect when such notice
is given shall remain in effect during the End of Term Extension. The End of Term Extension shall
automatically terminate upon execution of a replacement Agreement or modification extending the total term
of this Agreement.
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by
its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State,
the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for breach by
Grantee, which shall be governed by 13.A.i.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §15. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Grantee shall be subject to
the rights and obligations set forth in § 13.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Grantee an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to
the percentage of Work satisfactorily completed and accepted, as determined by the State, less
payments previously made. Additionally, if this Agreement is less than 60% completed, as determined
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Page 4 of 18 Version 07.2022
by the State, the State may reimburse Grantee for a portion of actual out-of-pocket expenses, not
otherwise reimbursed under this Agreement, incurred by Grantee which are directly attributable to the
uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursement shall
not exceed the maximum amount payable to Grantee hereunder.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by reference,
all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this
Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any
bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver
or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30 days after
the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under
§24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall
constitute a breach.
C. “Budget” means the budget for the Work described in Exhibit A and C.
D. “Business Day” means any day in which the State is open and conducting business, but shall not include
Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1), C.R.S.
E. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
F. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature for this Agreement.
G. “End of Term Extension” means the time period defined in §2.D.
H. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page for
this Agreement.
I. “Extension Term” means the time period defined in §2.C.
J. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection
with the Services.
K. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
L. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et
seq. C.R.S. Incidents include, without limitation, (i) successful attempts to gain unauthorized access to a State
system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of
service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to
State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or
consent.
M. “Initial Term” means the time period defined in § 2.B.
N. “Matching Funds” means the funds provided Grantee as a match required to receive the Grant Funds.
O. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
P. “Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include
any services to be rendered by Grantee in connection with the Goods.
Q. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to, PII, and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to
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CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv)
is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such
information; or (v) was independently developed without reliance on any State Confidential Information.
R. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-
202(13)(a), C.R.S.
S. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
T. “State Records” means any and all State data, information, and records, regardless of physical form,
including, but not limited to, information subject to disclosure under CORA.
U. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work.
“Subcontractor” also includes sub-grantees of grant funds.
V. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards.
W. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
X. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and
any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined in
that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A.
The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of any
services that are not specifically set forth in this Agreement.
5. PROPERTY
The real property in Larimer County, Colorado, which has been listed in the State Register of Historic Properties, as
the Birch Cabin-Willows Property-Birch Ruins located at MacGregor Avenue & Wonderview Avenue, Estes Park,
Colorado, more particularly described as
LOT 2, BIRCH RESUB, EP
6. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay
Grantee any amount under this Agreement that exceeds the Agreement Maximum shown on the Cover Page
of this Agreement.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Grantee in the amounts and in accordance with the schedule and other
conditions set forth in Exhibit C.
b. Grantee shall initiate payment requests by submitting Attachment 1 to the State, in a form and
manner approved by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so
long as the amount invoiced correctly represents Work completed by Grantee and previously
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accepted by the State during the term that the invoice covers. If the State determines that the
amount of any invoice is not correct, then Grantee shall make all changes necessary to correct
that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or
deliverables provided under this Agreement.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid
amounts that the State disputes in writing. Grantee shall invoice the State separately for accrued interest
on delinquent amounts, and the invoice shall reference the delinquent payment, the number of day’s
interest to be paid and the interest rate.
iii. Payment Disputes
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the
State in writing of its dispute within 30 days following the earlier to occur of Grantee’s receipt of the
payment or notification of the determination or calculation of the payment by the State. The State will
review the information presented by Grantee and may make changes to its determination based on this
review. The calculation, determination or payment amount that results from the State’s review shall not
be subject to additional dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the State has concluded its review, and the State shall not pay any
interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the appropriation and
continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant
Funds, the State’s obligation to pay Grantee shall be contingent upon such non-State funding
continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be
made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount
remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise
become unavailable to fund this Agreement, the State may, upon written notice, terminate this
Agreement, in whole or in part, without incurring further liability. The State shall, however, remain
obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of
notice of termination, and this termination shall otherwise be treated as if this Agreement were
terminated in the public interest as described in §2.E.
C. Matching Funds
Grantee shall provide Matching Funds as provided in Cover Page and Exhibit B. Grantee shall have raised
the full amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status
of such funds upon request. Grantee’s obligation to pay all or any part of any matching funds, whether direct
or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the
authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee represents to
the State that the amount designated “Cash Match” in Exhibit B has been legally appropriated for the purposes
of this Agreement by its authorized representatives and paid into its treasury or bank account. Grantee does
not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this
Agreement is not intended to create a multiple-fiscal year debt of Grantee. If grantee is a public entity, grantee
shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as
required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
Only with prior written approval, the State shall reimburse Grantee’s allowable costs, not exceeding the
maximum total amount described in Exhibit B and §6.A for all allowable costs described in this Grant and
shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget
without formal modification to this Agreement as long as the Grantee provides notice to the State of the
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change, the change does not modify the total maximum amount of this Agreement or the maximum amount
for any state fiscal year, and the change does not modify any requirements of the Work. However, any costs
incurred by Grantee prior to the Effective Date shall not be reimbursed. Grantee’s costs for Work performed
after the Agreement End Date shown on the Signature and Cover Page for this Agreement, or after any phase
performance period end date for a respective phase of the Work, shall not be reimbursable. The State shall
only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are:
i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
ii. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee
that reduce the cost actually incurred).
E. Close-Out
Grantee shall close out this Award within 30 days after the Agreement End Date shown on the Signature and
Cover Page for this Agreement. To complete close-out, Grantee shall submit to the State all deliverables
(including documentation) as defined in this Agreement and Grantee’s final reimbursement request or invoice.
The State will withhold 10% of allowable costs until all final documentation has been submitted and accepted
by the State as substantially complete.
7. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to §17 or pursuant to any other Exhibit, for any Agreement having
a term longer than three months, Grantee shall submit, on a quarterly basis, a written report specifying
progress made for each specified performance measure and standard in this Agreement. Such progress report
shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be
submitted to the State not later than five Business Days following the end of each calendar quarter or at such
time as otherwise specified by the State.
B. Litigation Reporting
If Grantee is served with a pleading or other document in connection with an action before a court or other
administrative decision making body, and such pleading or document relates to this Agreement or may affect
Grantee’s ability to perform its obligations under this Agreement, Grantee shall, within ten days after being
served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal
Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than 30 calendar days
after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised by
the State, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s
obligations hereunder.
D. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State all violations of federal or State criminal law
involving fraud, bribery, or gratuity violations potentially affecting the Award. The State may impose any
penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without
limitation, suspension or debarment.
8. GRANTEE RECORDS
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all
records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited
to the operation of programs) or Goods hereunder. Grantee shall maintain such records for a period (the
“Record Retention Period”) of three years following the date of submission to the State of the final
expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each
quarterly or annual report, respectively. If any litigation, claim, or audit related to this Award starts before
expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims,
or audit findings have been resolved and final action taken by the State. A cognizant agency for audit,
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oversight or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period shall
be extended. For records for real property and equipment, the Record Retention Period shall extend three
years following final disposition of such property.
B. Inspection
Grantee shall permit the State, the federal government, and any other duly authorized agent of a governmental
agency to audit, inspect, examine, excerpt, copy and transcribe Grantee Records during the Record Retention
Period. Grantee shall make Grantee Records available during normal business hours at Grantee’s office or
place of business, or at other mutually agreed upon times or locations, upon no fewer than two Business Days’
notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to
protect the interests of the State.
C. Monitoring
The State will monitor Grantee’s performance of its obligations under this Agreement using procedures as
determined by the State. The federal government and any other duly authorized agent of a governmental
agency, in its discretion, may monitor Grantee’s performance of its obligations under this Agreement using
procedures as determined by that governmental entity. The State shall have the right, in its sole discretion, to
change its monitoring procedures and requirements at any time during the term of this Agreement. The State
shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance
of the Work.
D. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s
records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a
third party.
9. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless
those State Records are publicly available. Grantee shall not, without prior written approval of the State, use,
publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as
otherwise stated in this Agreement, permitted by law or approved in writing by the State. Grantee shall
provide for the security of all State Confidential Information in accordance with all policies promulgated by
the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and
guidelines. Grantee shall immediately forward any request or demand for State Records to the State’s
Principal Representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Grantee
shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure
provisions at least as protective as those in this Agreement, and that the nondisclosure provisions are in force
at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information.
Grantee shall provide copies of those signed nondisclosure provisions to the State upon execution of the
nondisclosure provisions.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable
laws and regulations in facilities located within the United States, and shall maintain a secure environment
that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the
State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and
monitoring access and use of State Confidential Information and evaluating security control effectiveness.
Upon the expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee
or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is
prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants
it will guarantee the confidentiality of, and cease to use, such State Confidential Information.
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D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State
regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State.
Unless Grantee can establish that none of Grantee or any of its agents, employees, assigns or Subcontractors
are the cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who
may have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited
to, developing and implementing a remediation plan that is approved by the State at no additional cost to the
State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make
all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted
time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee
shall reimburse the State for the reasonable costs thereof.
10. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way
with the full performance of the obligations of Grantee under this Agreement. Such a conflict of interest
wo uld arise when a Grantee or Subcontractor’s employee, officer or agent were to offer or provide any
tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or
her partner, related to the award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall
be harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any
practices, activities or relationships that reasonably appear to be in conflict with the full performance of
Grantee’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the
appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the
relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow
the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Contractor acknowledges that all State employees are subject to the ethical principles described in §24-18-
105, C.R.S. Contractor further acknowledges that State employees may be subject to the requirements of §24-
18-105, C.R.S. with regard to this Contract.
11. INSURANCE
Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as
specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by the
State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all
Grantee or Subcontractor employees acting within the course and scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one fire.
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C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
D. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any negligent act with
minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
E. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Grantee and
Subcontractors.
G. Primacy of Coverage
Coverage required of Grantee and each Subcontractor shall be primary and noncontributory over any
insurance or self-insurance program carried by Grantee or the State.
H. Cancellation
All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Grantee and Grantee
shall forward such notice to the State in accordance with §14 within seven days of Grantee’s receipt of such
notice.
I. Subrogation Waiver
All commercial insurance policies secured or maintained by Grantee or its Subcontractors in relation to this
Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation
or otherwise against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees,
and volunteers.
J. Public Entities
If Grantee is a “public entity” within the meaning of the Colorado Governmental Immunity Act, §§24-10-101,
et seq., C.R.S. (the “GIA”), Grantee shall maintain, in lieu of the liability insurance requirements stated above,
at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance,
as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of
the GIA, Grantee shall ensure that the Subcontractor maintain at all times during the terms of this Grantee, in
lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or
self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.
K. Certificates
For each commercial insurance plan provided by Grantee under this Agreement, Grantee shall provide to the
State certificates evidencing Grantee’s insurance coverage required in this Agreement within seven Business
Days following the Effective Date. Grantee shall provide to the State certificates evidencing Subcontractor
insurance coverage required under this Agreement within seven Business Days following the Effective Date,
except that, if Grantee’s subcontract is not in effect as of the Effective Date, Grantee shall provide to the State
certificates showing Subcontractor insurance coverage required under this Agreement within seven Business
Days following Grantee’s execution of the subcontract. No later than 15 days before the expiration date of
Grantee’s or any Subcontractor’s coverage, Grantee shall deliver to the State certificates of insurance
evidencing renewals of coverage. At any other time during the term of this Agreement, upon request by the
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State, Grantee shall, within seven Business Days following the request by the State, supply to the State
evidence satisfactory to the State of compliance with the provisions of this section.
12. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement to the
other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of
written notice, the Party may exercise any of the remedies as described in §13 for that Party. Notwithstanding any
provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and
may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in
order to protect the public interest of the State; or if Grantee is debarred or suspended under §24-109-105, C.R.S.,
the State, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in
part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect.
13. REMEDIES
A. State’s Remedies
If Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §12, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach
In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of
this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the
State all Work not cancelled by the termination notice, and may incur obligations as necessary to
do so within this Agreement’s terms. At the request of the State, Grantee shall assign to the State
all of Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest. At the State’s
request, Grantee shall return materials owned by the State in Grantee’s possession at the time of
any termination. Grantee shall deliver all completed Work Product and all Work Product that
was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that
Grantee was not in breach or that Grantee’s action or inaction was excusable, such termination
shall be treated as a termination in the public interest, and the rights and obligations of the
Parties shall be as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State
for any damages sustained by the State in connection with any breach by Grantee, and the State
may withhold payment to Grantee for the purpose of mitigating the State’s damages until such
time as the exact amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due Grantee as the State deems necessary to protect the State
against loss including, without limitation, loss as a result of outstanding liens and excess costs
incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
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Suspend Grantee’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Grantee to an adjustment in price or
cost or an adjustment in the performance schedule. Grantee shall promptly cease performing
Work and incurring costs in accordance with the State’s directive, and the State shall not be
liable for costs incurred by Grantee after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the state; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Grantee’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be
contrary to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Grantee
shall, as approved by the State (i) secure that right to use such Work for the State and Grantee;
(ii) replace the Work with noninfringing Work or modify the Work so that it becomes
noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to
the State.
B. Grantee’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following
the notice and cure period in §12 and the dispute resolution process in §14 shall have all remedies available at
law and equity.
14. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Grantee
for resolution.
B. Resolution of Controversies
If the initial resolution described in §14.A fails to resolve the dispute within ten Business Days, Grantee shall
submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency
named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S. for resolution following
the same resolution of controversies process as described in §§24-106-109, and 24-109-101.1 through 24-109-
505, C.R.S. (the “Resolution Statutes”), except that if Grantee wishes to challenge any decision rendered by
the Procurement Official, Grantee’s challenge shall be an appeal to the executive director of the Department
of Personnel and Administration, or their delegate, in the same manner as described in the Resolution Statutes
before Grantee pursues any further action. Except as otherwise stated in this Section, all requirements of the
Resolution Statutes shall apply including, without limitation, time limitations regardless of whether the
Colorado Procurement Code applies to this Agreement.
15. NOTICES AND REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the principal
representative of the designating Party. All notices required or permitted to be given under this Agreement shall be
in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such
Party’s principal representative at the address set forth below or (C) as an email with read receipt requested to the
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principal representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party
delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided
with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required
or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page
for this Agreement. Either Party may change its principal representative or principal representative contact
information, or may designate specific other individuals to receive certain types of notices in addition to or in lieu of
a principal representative, by notice submitted in accordance with this section without a formal amendment to this
Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written
notice.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be considered
works made for hire under applicable law, Grantee hereby assigns to the State, the entire right, title,
and interest in and to copyrights in all Work Product and all works based upon, derived from, or
incorporating the Work Product; all copyright applications, registrations, extensions, or renewals
relating to all Work Product and all works based upon, derived from, or incorporating the Work
Product; and all moral rights or similar rights with respect to the Work Product throughout the world.
To the extent that Grantee cannot make any of the assignments required by this section, Grantee hereby
grants to the State a perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display,
perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based
upon, derived from, or incorporating the Work Product by all means and methods and in any format
now known or invented in the future. The State may assign and license its rights under this license.
ii. Assignments and Assistance
Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the
State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights
related to the Work Product. The Parties intend the Work Product to be works made for hire. Grantee
assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes
of action, either in law or in equity, for past, present, or future infringement of intellectual property
rights related to the Work Product and all works based on, derived from, or incorporating the Work
Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State
software, research, reports, studies, photographs, negatives or other documents, drawings, models, materials,
data and information shall be the exclusive property of the State (collectively, “State Materials”). Grantee
shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose
other than the performance of Grantee’s obligations in this Agreement without the prior written consent of the
State. Upon termination of this Agreement for any reason, Grantee shall provide all Work Product and State
Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Grantee
Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Grantee including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third-party materials, delivered by Grantee
under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively,
“Grantee Property”). Grantee Property shall be licensed to the State as set forth in this Agreement or a State
approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the
applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the
applicable open source license agreement.
17. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Agreement is $100,000 or greater, either on the Effective
Date or at any time thereafter, this section shall apply. Grantee agrees to be governed by and comply with the
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provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor
performance and the reporting of Agreement performance information in the State’s Agreement management system
(“Contract Management System” or “CMS”). Grantee’s performance shall be subject to evaluation and review in
accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS, and State Fiscal
Rules and State Controller policies.
18. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Agreement are personal and may not be transferred or assigned
without the prior, written consent of the State. Any attempt at assignment or transfer without such consent
shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Grantee shall submit to the State a copy of each
such subgrant or subcontract upon request by the State. All subgrants and subcontracts entered into by
Grantee in connection with this Agreement shall comply with all applicable federal and state laws and
regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to
all provisions of this Agreement.
C. Binding Effect
Except as otherwise provided in §18.A, all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the
State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if
agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority
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Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Grantee’s or a Subcontractor’s website or any provision
incorporated into any click-through or online agreements related to the Work unless that provision is
specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the state imposes such taxes on Grantee. Grantee shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to have
in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in § 18.A, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of
this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Grantee shall perform its obligations under this Agreement in accordance with the highest standards of care,
skill and diligence in Grantee’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of this Agreement,
at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its
obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors secure and
maintain at all times during the term of their employment, agency or Subcontractor, all license, certifications,
permits and other authorizations required to perform their obligations in relation to this Agreement.
T. Indemnification
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i. General Indemnification
Grantee shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the
“Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards
and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified
Parties in relation to any act or omission by Grantee, or its employees, agents, Subcontractors, or
assignees in connection with this Agreement.
ii. Confidential Information Indemnification
Disclosure or use of State Confidential Information by Grantee in violation of §9 may be cause for
legal action by third parties against Grantee, the State, or their respective agents. Grantee shall
indemnify, save, and hold harmless the Indemnified Parties, against any and all claims, damages,
liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by the State in relation
to any act or omission by Grantee, or its employees, agents, assigns, or Subcontractors in violation of
§9.
iii. Intellectual Property Indemnification
Grantee shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs,
expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred
by the Indemnified Parties in relation to any claim that any Work infringes a patent, copyright,
trademark, trade secret, or any other intellectual property right.
U. Accessibility
i. Grantee shall comply with and the Work Product provided under this Agreement shall be in compliance
with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for
Individuals with a Disability, as established by the Governor’s Office of Information Technology
(OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the most
current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards.
ii. Grantee shall indemnify, save, and hold harmless the Indemnified Parties against any and all costs,
expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and
related costs) incurred by any of the Indemnified Parties in relation to Grantee’s failure to comply with
§§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as
established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
iii. The State may require Grantee’s compliance to the State’s Accessibility Standards to be determined by a
third party selected by the State to attest to Grantee’s Work Product and software is in compliance with
§§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as
established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S., then
this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
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Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled
to unemployment insurance or workers’ compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Agreement. Grantee shall (i) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when
requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires
the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee has
and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If
the State determines that Grantee is in violation of this provision, the State may exercise any remedy available
at law or in equity or under this Agreement, including, without limitation, immediate termination of this
Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee’s services and Grantee shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other
charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund;
and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The
State may also recover, at the State’s discretion, payments made to Grantee in error for any reason, including,
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but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee
by deduction from subsequent payments under this Agreement, deduction from any payment due under any
other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for
collecting debts owed to the State.
Page 175
Town of Estes Park Exhibit A
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 1 Exhibit A
SCOPE OF WORK
I. Purpose: The purpose of this project is to complete the elevated walkway at the Birch Ruins
in Estes Park, Colorado.
II. Scope of Work is as follows:
A. Elevated Walkway Extension
1. Use existing construction documents to fabricate and install remaining walkway
2. File building permit and open flame permit
3. Close part of the parking lot and rope off the area for fabricators
4. Clean up work area to return to normal operations upon completion
O:\Contracting\Contracts\2022\M2\22 M2 018 (Estes Park Birch Ruins)\22 M2 018 Exhibit A.docx
Page 176
Town of Estes Park Exhibit B
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 1 Exhibit B
BUDGET
TASK AMOUNT
A. Walkway Extension $23,281
B. Permits $350
PROJECT SUBTOTAL $23,631
Contingency† $2,360
PROJECT TOTAL $25,991
Grant Award (74.99%) $19,491
Cash Match (25.01%) $6,500
Grant payments are based off the Project Subtotal. Total payments will equal Grant Award percentage of Project
Subtotal up to a maximum of the Grant Award Amount should contingency be requested and approved.
† Contingency - Must receive written approval from SHF Staff prior to use.
O:\Contracting\Contracts\2022\M2\22 M2 018 (Estes Park Birch Ruins)\22 M2 018 Exhibit B.docx
Page 177
Town of Estes Park Exhibit C
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 2 Exhibit C
LIST OF SUBMITTALS
Project Reports Due Date Society Response
a. Payment Request Form (Attachment 1).
Deliverables #1-3 below must be approved before
Advance Payment is made.
N/A Advance Payment of Grant
Award $7,328.
b. Progress Report # 1 November 1, 2022 Review *
c. Progress Report # 2 February 1, 2023 Review *
d. Progress Report # 3
e. Progress Report # 4
May 1, 2023
August 1, 2023
Review *
Review *
f. Interim Financial Report (Attachment 1).
Deliverables #4-5 below must be approved before
Interim Payment is made.
August 15, 2023 ** Review & Approve.
Interim Payment of Grant
Award $9,161. †
g. Progress Report # 5 November 1, 2023 Review *
h. Progress Report # 6 February 1, 2024 Review *
i. Progress Report # 7 May 1, 2024 Review *
j. Final Financial Report (Attachment 1). All
deliverables must be approved before payment is
made.
June 15, 2024 *** Review & Approve.
Final Payment of Grant
Award $1,832. †
* At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim Financial Report due date is a guideline. Please submit Interim Financial Report when 40% or
more of Advance is expended and you are ready for the next payment.
*** Final Payment is a reimbursement ONLY after all contractors are paid in full.
† Payment may increase due to approval of contingency funds.
All deliverables and submittals must be received at least 30 days prior to the Grant End Date.
Page 178
Town of Estes Park Exhibit C
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 2 of 2 Exhibit C
PROJECT DELIVERABLES
Deliverables #1-5 must be received and approved prior to physical work beginning. All deliverables must
be submitted digitally to your assigned Resource Specialist.
Project Deliverables SHF Response
1. Initial Consultation with SHF Resource Specialist Review Comment and/or Approve
2. Contract Certification for: Project Manager Review Comment and/or Approve
3. Repackaged construction documents, if necessary Review Comment and/or Approve
4. Contract Certification for: Contractor Review Comment and/or Approve
5. Preconstruction meeting with SHF Resource Specialist Review Comment and/or Approve
6. Interim meeting with SHF Resource Specialist Review Comment and/or Approve
7. Copies of Change Orders Review Comment and/or Approve
8. After photos of Scope of Work Review Comment and/or Approve
O:\Contracting\Contracts\2022\M2\22 M2 018 (Estes Park Birch Ruins)\22 M2 018 Exhibit C.docx
Page 179
Town of Estes Park Exhibit D
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 1 Exhibit D
STATE HISTORICAL FUND PROVISIONS
1. STANDARDS OF WORK
The Property Owner and Grant Recipient agree that they will perform the activities listed in Exhibit A and produce the
deliverables listed in Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's
Standards for Archaeology and Historic Preservation. The Property Owner and Grant Recipient shall perform any and all
survey activities and submittals in accordance with the Survey Manual and How to Complete Colorado Cultural Resource
Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any and all survey activities and projects
(copies of which are available through History Colorado).
2. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS
The Grant Recipient and Property Owner agree to provide History Colorado with copies of any archaeological surveys
developed during the course of, or under a project financed either wholly or in part by History Colorado. The Grant
Recipient and Property Owner agree to otherwise restrict access to such archaeological surveys, as well as access to any
other information concerning the nature and location of archaeological resources, in strict accordance with the provisions
of History Colorado-Office of Archaeology and Historic Preservation, Policy on Dissemination of Information, adopted
October 1991, a copy of which is available from History Colorado.
3. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE
In all publications and similar materials funded under this Agreement, a credit line shall be included that reads: "This
project is/was paid for in part by a History Colorado – State Historical Fund grant." In addition, History Colorado reserves
the right to require that the following sentence be included in any publication or similar material funded through this
program: "The contents and opinions contained herein do not necessarily reflect the views or policies of History
Colorado".
4. MATCHING FUNDS
In the event that said matching funds, as provided in Cover Page & Exhibit B, become unavailable, the State may, in its
sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. If the
total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its
pro-rata share of the unexpended budget.
5. QUALIFYING EXPENDITURES
Expenditures incurred by the Grantee or Property Owner prior to execution of this Agreement are not eligible
expenditures for State reimbursement. If the Project involves matching funds the State may allow prior expenditures in
furtherance of the Scope of Work to be counted as part of such matching funds.
6. BUDGET REVISIONS
In the event budget line items need to be increased/decreased over 25% for any budget line item, Grantee shall provide a
written request, in advance, with a detailed explanation and information for the revision(s) in a form and manner approved
by the State.
7. INTEREST EARNED
Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and will be deducted from
the final payment.
8. RECAPTURE
The following recapture provision shall apply only to a private/for-profit Property Owner: In the event that the property,
as a whole, is sold within a five-year period after completion of the grant, the following recapture provision shall apply: If
the property is sold within the first year after completion, one-hundred percent (100%) of the funds awarded shall be
returned to the State, with a twenty percent (20%) reduction per year thereafter.
9. ACQUISITIONS
For acquisition projects, upon receipt by the State of documentation for the execution of a recorded deed of real property
between Property Owner and Grantee, the State, Grantee, and Property Owner agree the Property Owner will cease to be
a party to the Agreement.
v. 10.29.2021
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Town of Estes Park Exhibit E
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 4
COVENANT PROPERTY PROTECTION
I. Parties: This Agreement is by and between the State of Colorado for the use and benefit of the
Department of Higher Education, History Colorado, the Colorado Historical Society, 1200
Broadway, Denver, Colorado 80203 and Town of Estes Park, Property Owner, 170 MacGregor
Avenue, Estes Park, Colorado 80517.
II. Property: the Birch Cabin-Willows Property-Birch Ruins located at MacGregor Avenue &
Wonderview Avenue, Estes Park, Colorado, in Larimer County, which has been listed in the State
Register of Historic Properties, and is more particularly described as follows:
LOT 2, BIRCH RESUB, EP (Building footprints only)
III. Preservation of Property:
A. EASEMENT: If required, in the sole discretion of the State, the provisions in the following
paragraph are hereby incorporated into this agreement:
Easement Required: Yes No
i. Property Owner shall place or cause to be placed on the property title a perpetual easement,
which easement shall be transferred to an organization qualified to hold easements of this
kind under Section 170(h)(3) of the Internal Revenue Code and Internal Revenue Service
Regulations, Section 1.170A-14(c).
ii. The easement shall, at a minimum, prohibit any alteration of the premises, which would
affect the exterior appearance of the property unless first authorized by the easement holding
organization with appropriate exceptions to permit routine maintenance. Other necessary
language shall protect the interests of the easement holding organization in the event of
damage to the property, and shall further require that the easement be transferred to a similar
organization in the event that the selected organization becomes unable for any reason to
perform its obligations pursuant to the easement agreement.
iii. Property Owner agrees that the easement form and any associated costs shall be subject to
the approval of the State. State shall pay the costs for the easement in the amount(s) set forth
in Exhibit B.
B. COVENANT: The Property Owner hereby agrees to the following for a period of 10 years
commencing on the date it is filed with the County Recorder; provided that it shall not take effect
or be filed until a Grant Agreement is executed by the Grantee (the Property Owner) and the State
for the project and the final payment is issued to the Grantee as outlined in §6 of the Grant
Agreement.
Page 181
Town of Estes Park Exhibit E
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 2 of 4
i. Without the express written permission of History Colorado, no construction, alteration,
movement, relocation or remodeling or any other activity shall be undertaken or permitted
to be undertaken on the Property which would alter the architectural appearance of the
Property, adversely affect the structural soundness of the Property, encroach on the open and
area of the Property, or adversely affect such prominent landscape features as trees, hedges,
fences, walls or paths. Such work, when permitted shall be performed according to the
Secretary of the Interior’s Standards for the Treatment of Historic Properties and the
Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings,
issued and as may from time to time be amended by the U.S. Secretary of the Interior,
hereinafter collectively referred to as the “Standards”. In all events, the Property Owner
further agrees at all times to maintain the Property in a good and sound state of repair and to
maintain the Property according to the Standards so as to prevent deterioration of the
Property.
ii. In the event of severe damage or total destruction to the Property (defined, for the purpose
of this provision, as sudden damage or loss caused by fire, earthquake, inclement weather,
acts of the public enemy, riot or other similar casualty) not due to the fault of the Property
Owner this provision shall terminate as of the date of such damage or destruction.
iii. All financial obligations of the Property Owner under this Agreement are contingent upon
appropriation, budgeting, and availability of specific funds to discharge such
obligations. Nothing in this Agreement shall be deemed a debt or multiple fiscal year
financial obligation of the Town or a pledge of the Town's credit, or a collection or
payment guarantee by the Town.
iv. History Colorado, or a duly appointed representative of History Colorado, shall be
permitted to inspect the Property at all reasonable times in order to ascertain if the above
conditions are being observed.
v. When Section B is for COVENANT, within sixty (60) days of the completion of this
Award, Property Owner covenants and agrees that History Colorado will record this
Exhibit with the county clerk and recorder for the county in which the property is located.
Property Owner further covenants and agrees that this Exhibit will constitute a binding
covenant that will run with the land.
vi. When section B is for LETTER OF AGREEMENT, History Colorado will maintain record
of this Exhibit until the expiration of the letter of agreement period.
vii. The provisions of this Paragraph will cease to be effective upon the conveyance of an
approved easement if such is required pursuant to EASEMENT Paragraph above.
Page 182
Page 3 of 4 Exhibit E
SIGNATURE PAGE
*Persons signing for Owner hereby swear and affirm that they are authorized to act on Parties’ behalf and
acknowledge that the State is relying on their representations to that effect.
OWNER
Town of Estes Park
____________________________________________
*Signature of Authorized Officer for Owner
Date: _________________________
______________________________________________
Printed Name of Authorized Officer
______________________________________________
Title of Authorized Officer
PROPERTY OWNER NOTARIZATION:
STATE OF COLORADO, Larimer COUNTY:
On this ______day of _________________, ______, before me the undersigned, a Notary Public for said
State, personally appeared _______________________, to me personally known, who stated that he/she
is ________________________, that no seal has been procured by said town, and that the foregoing
instrument was signed on behalf of said town by authority of its Board of Trustees, and that as such
officer, he/she acknowledged that he/she executed the foregoing instrument as his/her voluntary act and
the voluntary act of the town.
________________________________________
NOTARY PUBLIC
Page 183
Page 4 of 4 Exhibit E
STATE OF COLORADO
Jared S. Polis, Governor
History Colorado
Dawn DiPrince, Executive Director or Designee
______________________________________________
By: Dawn DiPrince, Executive Director or Designee
Date: _________________________
STATE OF COLORADO, CITY & COUNTY OF DENVER:
On this ______day of _________________, _______, before me the undersigned, a Notary Public for
said State, personally appeared Dawn DiPrince, to me personally known, who stated that she is
Executive Director of History Colorado, that no seal has been procured by said organization, and that
the foregoing instrument was signed on behalf of said organization by authority of its Board of Directors,
and that as such officer, she acknowledged that she executed the foregoing instrument as her voluntary act
and the voluntary act of the State of Colorado-Department of Higher Education, History Colorado, the
Colorado Historical Society.
____ ______________________________________
NOTARY PUBLIC
Page 184
Town of Estes Park Exhibit F
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 1 Exhibit F
SAMPLE OPTION LETTER
State Agency
Department of Higher Education, History Colorado, the Colorado Historical Society
SHF Grant Number/Original
Agreement
2022-M2-018
Grantee
Town of Estes Park
Option Agreement Number
2022-M2-018 F1
Agreement Maximum Amount
$19,491.00
Maximum Grant Funds Percentage
74.99%
Agreement Start Date
Cash Match Amount
$6,500.00
Cash Match Percentage
25.01%
Current Agreement End Date
1. OPTIONS:
A. Option to extend for an Extension Term
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.C. of the Original Agreement referenced above, the
State hereby exercises its option for an additional term, beginning on the Option Effective Date and ending on the
current Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. The
Agreement Submittals and Deliverables of Exhibit C is hereby modified as shown in Revised Exhibit C attached.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
History Colorado
Dawn DiPrince, Executive Director or Designee
______________________________________________
By: Dawn DiPrince, Executive Director
Date: _________________________
In accordance with §24-30-202, C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: History Colorado
Option Effective Date:_____________________
Page 185
PAYMENT REQUEST AND FINANCIAL REPORT FORM (ATTACHMENT 1)
G:\Shared drives\SHF\O drive 3.16.20\Contracting\Award Packet\Left Side\Pay Request and Financial Report rev 07012021.docx
For advance, contingency, and easement fee payments: Only complete steps 1, 2, and 5.
− Include a copy of the Easement Fee invoice when requesting an Easement Payment.
For all other payments, ALL steps and page 2 must be completed.
− Copies of invoices are not required, but may be requested by SHF staff.
Guidelines:
− Refer to Exhibit C of your grant award document for payment amounts and deliverables due before submitting a payment
request.
− At least 40% of your previous grant payment must be spent or invoiced prior to receiving the Interim Payment(s).
− Approved contingency funds will be added to your final payment if not requested previously.
− Final payment is a reimbursement only. All invoices must be paid in full.
Step 1) General Information:
Project # Grant Recipient Organization:
Step 2) Payment(s) Requested (Choose all that apply):
Advance Interim 2nd Interim (if applicable) Final Contingency Easement
Step 3) Financial Report:
− Report all payments you’ve made, including payments of cash match, to subcontractors and individuals for work on the
project since your last payment request.
− You must indicate which budget task(s) from Exhibit B the payment is for. If a single payment is for more than one budget
task, break the invoice out onto multiple lines to report the amount paid for each task.
Award Amount $ Project Ratio Grant Funds: % / Cash Match: %
PAYEE NAME
whom you paid
BUDGETED TASK
as listed in Exhibit B of Contract DATE PAID CHECK # AMOUNT PAID
I hereby certify that all expenses reported above have been PAID and that all
of the information is correct and that any false or misrepresented information
may require immediate repayment of any or all funds.
1st Interim Financial Report Total
2nd Interim Financial Report Total
Final Financial Report Total
Project Total
Step 4) Additional Information:
Project is estimated __________% Complete Interest Earned: $____________
Step 5) Signature:
_______________________________________________________
Grant Recipient Organization Signatory Date
FOR SHF USE ONLY
____________________ Review
___________________ QC
___________________ Approved
Page 186
PUBLIC WORKS Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, CAPP, CCTM, Mobility Services Manager
Greg Muhonen, PE, Public Works Director
Date: September 27, 2022
RE: Letter of Support for two Grant Applications to Colorado Department of
Transportation for 2023 Capital, Planning, Administrative, Operating, and
Mobility Management Transit Projects.
Objective:
Public Works staff request that the Town Board authorize the Mayor to sign a support
letter to the Colorado Department of Transportation (CDOT) for two grant applications
as part of the 2023 CDOT Super Call.
Present Situation:
On July 1, the CDOT Division of Transit and Rail (DTR) issued a Notice of Funding
Availability (NOFA) for calendar year 2023. This “Super Call” for FY 2023 projects
included all eligible capital, planning, administrative, operating, and mobility
management transit projects that CDOT’s Division of Transit and Rail (DTR) can fund
with available Federal Transit Administration (FTA) and/or State funds.
Public Works staff have prepared three grant applications for the FY 2023 Super Call.
The first application was submitted on August 19 with a letter of support from the Town
Board (Consent Agenda Item titled “Letter of Support for a Grant Application to CDOT
Federal Transit Authority Rural Area Formula Program for Fiscal Year 2023 for Estes
Transit Operations and Administration”). The remaining two applications are due on
Friday, September 30.
Proposal:
Public Works staff request that the Town Board authorize the Mayor to sign one support
letter to CDOT that covers the remaining two grant applications.
The first grant application is for “Other Capital” funds, which covers facilities. Staff is
requesting grant funding to move forward with construction of a facility to house the
Town’s electric trolley buses. Facility design is at 90%, with a permit application and
bid package to follow within weeks. The cost of construction materials and labor have
increased significantly for transit projects statewide, with the FTA and CDOT reporting
an increase of 30-70% in actual costs versus the original budgeted amounts.
According to a cost estimate received on May 6, 2022, from Summit Partners, Ltd., the
Page 187
estimated construction cost for the trolley facility is $687,280, which is $311,280 higher
(59%) than the original cost estimate of $376,000 developed in 2020. Without
additional grant funding, Town staff will not be able to forward to bidding and
construction in a timely manner and the Town’s existing electric trolley assets will
continue to sit outdoors in harsh, high-elevation elements.
The second application is for Federal Transit Administration (FTA) 5304 Planning
funds. Staff are proposing to use the FTA 5304 Planning funds to develop a Zero
Emission Vehicle (ZEV) Transition Plan. The Bipartisan Infrastructure Law amended
the statutory provisions for the Grants for Buses and Bus Facilities Competitive
Program (49 U.S.C. § 5339(b)) and the Low or No Emission Program (49 U.S.C. §
5339(c)) to include a requirement that any application for projects related to zero-
emission vehicles include a ZEV Transition Plan. Creating a ZEV Transition Plan was
prioritized by Public Works staff in the 2023 Town Strategic Plan, and a local match for
the Plan will be recommended in the 2023 Town Budget. Staff recommend that the
Town pursue a ZEV Transition Plan to ensure that the Town remains eligible for these
important FTA grant programs.
Advantages:
• Capital grant funding would allow the Town to move forward with construction of the
electric trolley facility in a timely manner, protecting nearly $1,000,000 in FTA grant-
funded trolley vehicles.
• Planning grant funding would allow the Town to prepare a ZEV Transition Plan and
remain eligible for several important FTA grant programs.
• Both applications support the Town Board’s 2023 Strategic Plan, Key Outcome
Area: Transportation Item 6.A.2: “Explore funding partnership opportunities for
creation of a plan to convert the Town fleet to low or zero emission fuels.”
Disadvantages:
• Applying for and receiving grant funding involves additional administrative burdens;
however, Town staff have recent experience managing a federal grant of this type.
Action Recommended:
Public Works staff recommends the Town Board authorize the Mayor to sign the
support letter to CDOT.
Finance/Resource Impact:
If awarded, both grants would require a local match.
Current Impact: For the Capital grant, a 20% local match is required and the total
estimated gap between the trolley facility’s existing construction budget and the updated
cost estimate is $311,280. Therefore, the grant application is for $249,024 (80%) with
the Town’s required local match at $62,256 (20%), which would come from account
#612-000-333.00-00. A letter prepared by Finance Director Hudson on May 9, 2022,
indicates that the Town has sufficient funds to cover the local match. This letter was
submitted as part of a federal grant application for the same project that was brought to
the Town Board for a letter of support on May 24, 2022. This Federal grant application
was not successful because the Town does not have a ZEV Transition Plan.
Page 188
Future Impact: None anticipated at this time for the Capital grant. Ongoing facility
maintenance will be included as part of the Town’s regular annual budget process.
Current Impact: For the Planning grant, a 20% local match is required; the total cost of
the plan is estimated at $40,000. This budget amount was based on the actual cost of
similar plans conducted recently in Aspen and Durango. Therefore, the grant application
is for $32,000 (80%), which would require a local match of $8,000 (20%). A local match
for the planning grant has been included in the draft 2023 Town budget.
Future Impact: None anticipated at this time.
Level of Public Interest
Public interest in continued transit services for the Town of Estes Park is moderate.
Public Works staff briefed the Transportation Advisory Board on about these grant
applications at TAB’s regular meeting on September 21. A letter in support of the grant
applications was submitted by TAB and is attached.
Sample Motion:
I move for the approval/denial of support for the Mayor to sign the requested letter of
support.
Attachments:
1. Town Board Letter of Support for 2023 CDOT Capital and Planning Project
Applications
Page 189
Board of Trustees 970-577-4777
wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
September 27, 2022
Grant Review Committee c/o Kim Phi, Transit Programming Specialist FY 2023 Super Call – Capital and Planning Applications Colorado Department of Transportation RE: Letter of Support Dear Mr. Phi & CDOT Grant Selection Committee: The purpose of this letter is to affirm the Town of Estes Park’s Board of Trustees’ support of two FY 2023 Super Call applications that have been submitted by Town staff. On September 30, the Town of Estes Park submitted two grant applications as part of the 2023 Super Call. The first grant application is for “Other Capital” funds, which covers facilities. The Town is requesting grant funding to move forward with construction of the Town’s electric trolley facility. The cost of construction materials and labor have increased significantly for transit projects statewide, with reported increases of 30-70% in actual costs versus original budgeted amounts. According to a cost estimate received on May 6, 2022, from Summit Partners, Ltd., the estimated construction cost for the trolley facility is $687,280, which is $311,280 higher (59%) than the original cost estimate of $376,000 developed in 2020. Without additional grant funding, the project will not be able to move forward into construction in a timely manner and the Town’s existing electric trolley assets will continue to endure the harsh elements. The second application is for Federal Transit Administration (FTA) 5304 Planning funds. The Town is proposing to use the FTA 5304 Planning funds to develop a Zero Emission Vehicle (ZEV) Transition Plan. The Bipartisan Infrastructure Law amended the statutory provisions for the Grants for Buses and Bus Facilities Competitive Program (49 U.S.C. § 5339(b)) and the Low or No Emission Program (49 U.S.C. § 5339(c)) to include a requirement that any application for projects related to zero-emission vehicles include a ZEV Transition Plan. Creating a ZEV Transition Plan was prioritized by Town staff in the 2023 Town Strategic Plan, and a local match for the Plan will be recommended in the 2023 Town Budget. Staff have recommended to the Town Board that the Town pursue a ZEV Transition Plan to ensure that the Town remains eligible for these important FTA grant programs.
Attachment 1
Page 190
Board of Trustees 970-577-4777 wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
CDOT’s favorable consideration of this request is greatly appreciated and will allow Estes Park to protect our grant-funded capital assets – two battery-electric trolley buses – and to continue exploring the transition to zero-emission transit vehicles. Sincerely. Wendy Koenig Mayor Town of Estes Park
Page 191
September 22, 2022
Grant Review Committee
c/o Kim Phi, Transit Programming Specialist
FY 2023 Super Call – Capital and Planning Applications
Colorado Department of Transportation
RE: Letter of Support
Dear Mr. Phi & CDOT Grant Selection Committee:
On behalf of the Town of Estes Park’s citizen member Transportation Advisory Board (TAB),
please accept our enthusiastic support of two FY 2023 Super Call Grant Applications submitted
by the Town of Estes Park.
We, the local citizen members of the TAB, support the first grant application request for “Other
Capital” funds, to be used to fill an identified financial gap in the construction of critical
infrastructure that will protect the FTA awarded Electric Trolleys. In 2018, the Town of Estes
Park was awarded two Electric Trolleys for our community’s seasonal transit, Estes Park Transit.
The TAB is interested in protecting these valuable assets. Estes Park climate and seasonal harsh
weather impacts the integrity of the electric trolleys that continue to be stored outside. The
current request for FTA funds would be used to construct two large vehicle bays, one for each
trolley, which would protect the vehicles from weathering, vandalism, and non-use periods
during harsh winter months. The facility protection would contribute to the longevity of the
vehicle’s battery life as our temperatures can be extreme. TAB encourages good stewardship of
existing Town resources, and the facility would provide this need.
We also support the second grant application request for FTA 5304 funds to develop a Zero
Emission Vehicle (ZEV) Transition Plan. Electrification of our transit fleet has begun, and
creating a ZEV Transition Plan was prioritized by Town staff in the 2023 Town Strategic Plan.
Visitors and residents alike enjoy the zero-emission electric trolley in Downtown Estes Park, and
TAB supports a Transition Plan to help Estes Transit continue to provide excellent service and
make any future deployments of electric vehicles successful.
CDOT’s favorable consideration of these requests is greatly appreciated and will allow Estes
Park to continue providing a safe, efficient, and well-maintained transit system for the benefit of
our local community and guests. We hope that you find our support of this application favorable
as citizens of the Transportation Advisory Board.
Kristen Ekeren
Vice Chair
Town of Estes Park Transportation Advisory Board
Received 2022-09-26
Page 192
_gt----11 -
TOWN OF ESTES P�
September 30, 2022
Grant Review Comm ittee
c/o Kim Phi, Transit Programming Specialist
FY 2023 Super Call -Capital and Planning Applications
Colorado Department of Transportation
RE: FY 2023 CDOT Super Call -Town of Estes Park Local Match Availability
Dear Mr. Phi & CDOT Grant Selection Committee:
I hereby certify that the Town of Estes Park is prepared to obligate funds to provide the
20% percent cost share funding requirements for the FY 2023 COOT Super Call Planning
Grant Application, if awarded.
Due to its recent investment in two battery electric trolley buses and desire to remain
eligible for future Federal and State grant funding opportunities related to zero emission
vehicles and infrastructure, the Town of Estes Park has identified a Zero Emission Fleet
Transition Plan as part of its 2023 Town Board Strategic Plan. A project budget of $50,000
has been included in the draft 2023 Town Budget, which will be presented to the Town
Board in a series of public meetings in September, October and November.
The Town has sufficient resources to budget for the required local grant match and will
follow proper appropr iation processes to obligate the funds including authorization from
the Board of Trustees of an upcoming budget amendment, if awarded.
Should you have any comments, please feel free to contact me at your convenience.
�� Duane Hudson
Finance Director/ Treasurer
170 MACGREGOR A VE.
Finance Department
P.O. BOX 1200, ESTFS PARK CO. 80517 WWW.ESTES.ORG
970-577-3560dhudson@estes.org
Received 2022-09-27
Page 193
Page 194
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: David Hook, PE, Engineering Manager
Greg Muhonen, PE, Public Works Director
Date: September 27, 2022
RE: Letters of Support for Grant Applications to Colorado Department of
Transportation and Colorado Parks and Wildlife for Fall River Trail
Construction
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Letters of Support
QUASI-JUDICIAL YES NO
Objective:
Brief the Town Board and obtain authorization for the Mayor to sign two letters of
support: the first for an application to Colorado Department of Transportation (CDOT)
for a 2022 Transportation Alternatives Program (TAP) grant, and the second for a grant
application to Colorado Parks and Wildfire (CPW) for a 2022 Land and Water
Conservation Fund (LWCF) grant. Both grants would fund Fall River Trail (FRT)
construction.
Present Situation:
In recent years, the Town has been awarded several grants to construct extensions of
the 2.5-mile FRT to establish a multimodal connection between downtown Estes Park
and Rocky Mountain National Park (RMNP). Related grant awards included one from
the 2020 TAP (scheduled to go to construction in 2022) and another from the 2017
LWCF (constructed in 2020).
These new TAP and CPW-LWCF grant applications will propose to fund construction
of the final segment (approximately 0.7 miles) of the FRT alignment, closing the
unfunded and unconstructed gap in the trail. If awarded, this grant and encumbrance
would allow final design and clearances to be completed in 2023 or 2024, with
bidding/construction to be completed in 2024 or 2025. A final award of $1,438,557 is
pending for the 2022 Multimodal Transportation and Mitigation Options Fund (MMOF)
grant, which will also contribute to constructing this FRT segment.
Proposal:
Public Works staff seek Town Board support of these two grant applications to close
Page 195
the gap on the FRT alignment. The grant applications are due in October 2022.
Advantages:
• Supporting this grant application will provide the opportunity to be awarded
additional federal funds to complete the FRT project, establishing an
uninterrupted path—off busy roadways—for pedestrians and bicyclists to safely
travel between downtown and RMNP.
• Staff have good experience managing this type of Federal grant funding,
including an understanding of the use and reporting requirements of these
funds.
Disadvantages:
Both grants require a local cost share (TAP, 20%; LWCF, 1:1). However, the Town has
sufficient resources to budget for the required local grant match and will, if awarded,
follow proper appropriation processes to obligate the funds.
Action Recommended:
Authorization for the Mayor to sign the two attached letters of support for the CDOT-
TAP and CPW-LWCF grant applications.
Finance/Resource Impact:
The proposed 2023 budget already includes $3,002,167 in funding for this segment of
FRT ($2 million in anticipated grants, and the balance as required match and
overmatch).
Public Works staff propose to utilize three funding sources for these applications:
• Local funds from Larimer County Open Space Fund (Fund 220: sales tax
revenue from Larimer County).
• Local funds from the Trails Expansion Fund (Fund 244: Estes Park 1A Sales Tax
Initiative).
• 2022 MMOF grant funds (final award pending) and 2022 TAP grant funds
(application submittal pending) since grant regulations allow each grant to be
used as match requirements for the other.
Public Works staff anticipate that the final blend of grant and local funding will be
accommodated within the components of the FRT line item in the proposed 2023
budget. Based on the final blend of grant funding and required match funding, it may be
necessary to modify this project line item in 2023.
Finance Director Hudson provided letters to accompany the grant applications. These
letters confirm that the Town has sufficient resources to budget for the required local
grant match and will follow proper appropriation processes to obligate the funds;
including, if awarded, authorization from the Board of Trustees through the upcoming
2023 budget approval or a future budget amendment.
Future Ongoing Impacts: Future ongoing expenditures for trail maintenance will be
accounted for in the annual Parks budget in a manner similar to other Town trails.
Page 196
Future One-Time Impacts: This item is not expected to significantly impact other future
one-time costs.
Level of Public Interest
Public interest is expected to be low.
Sample Motion:
I move to approve/deny authorization for the Mayor to sign letters of support for the
proposed CDOT 2022 TAP and the proposed CPW-LWCF grant applications.
Attachments:
1. Town Board Letter of Support for CDOT-TAP Grant Application
2. Town Board Letter of Support for CPW-LWCF Grant Application
3. Finance Director Letter of Support for CDOT-TAP Grant Application
4. Finance Director Letter of Support for CPW-LWCF Grant Application
Page 197
Board of Trustees 970-577-4777
wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
September 27, 2022
Josie Hadley, Region 4 Planning Manager
Colorado Department of Transportation
10601 West 10th St
Greeley, CO 80634
RE: Letter of Support for CDOT-TAP Grant
Dear Ms. Hadley:
On behalf of the Town of Estes Park’s Board of Trustees, please accept this letter in support of
the Town’s application to the Colorado Department of Transportation (CDOT) for a
Transportation Alternatives Program (TAP) grant to fund Fall River Trail construction.
At a Town Board meeting on September 27, 2022, the Board authorized me, as Mayor, to
sign this support letter and the Town acknowledges that a 20% local cost share is required, if
awarded.
In recent years, the Town has been awarded several grants to construct extensions of the Fall
River Trail to connect downtown Estes Park with Rocky Mountain National Park (RMNP),
including grants from the TAP and Multimodal Transportation and Mitigation Options Fund
(MMOF) program. The 2020 TAP and MMOF awards are expected to go to construction in
2022. The 2022 TAP grant application proposes to partner with a 2022 CDOT-MMOF grant
and a Colorado Parks and Wildlife’s Land and Water Conservation Fund (CPW-LWCF) grant
to fund construction of the final segment of the Fall River Trail alignment.
Estes Park, a community of only 6,000 full-time residents, hosts millions of people each year
who visit our historic village and our neighbor, Rocky Mountain National Park (RMNP), the
fifth most-visited national park in our country in 2021. As a small, rural town whose occupancy
increases exponentially over the course of several months, we rely on assistance from Federal
and State funding sources to accommodate visitors, seasonal workers, and residents alike.
Connecting downtown Estes Park with RMNP via a multimodal trail will provide more
opportunities for all to enjoy our wonderful mountain environment while on foot or bicycle
instead of vehicle use which contributes to traffic congestion and air pollution.
The Town Board expresses its gratitude to CDOT for the opportunity to pursue additional
financial assistance to complete this worthwhile project. Serving millions of people each
guest season is a responsibility that the Board takes seriously, and our trail system is a vital
Attachment 1
Page 198
Board of Trustees 970-577-4777 wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
part of the Estes Valley’s access management strategy. As a premier national and global
destination, we welcome this partnership to improve our infrastructure for residents and
guests as a place to live, work, or visit. Favorable consideration of this application would be
greatly appreciated.
Sincerely,
Wendy Koenig
Mayor, Town of Estes Park
cc: David Hook, Engineering Manager, Town of Estes Park
Page 199
Board of Trustees 970-577-4777
wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
September 27, 2022
Chrystal Read, Federal Grants Administrator
Colorado Parks and Wildlife, State Trails Program
13787 US Hwy 85 N
Littleton, CO 80125
RE: Letter of Support for CPW-LWCF Grant
Dear Ms. Hadley:
On behalf of the Town of Estes Park’s Board of Trustees, please accept this letter in support of
the Town’s application to the Colorado Parks and Wildlife (CPW) for a Land and Water
Conservation Fund (LWCF) grant to fund Fall River Trail construction.
At a Town Board meeting on September 27, 2022, the Board authorized me, as Mayor, to
sign this support letter and the Town acknowledges that a 1:1 local cost share is required, if
awarded.
In recent years, the Town has been awarded several grants to construct extensions of the Fall
River Trail to connect downtown Estes Park with Rocky Mountain National Park (RMNP),
including a LWCF grant from CPW. The 2017 CPW-LWCF grant funded construction in 2020.
The 2022 CPW-LWCF grant application proposes to partner with two Colorado Department of
Transportation (CDOT) grants to fund construction of the final segment of the Fall River Trail
alignment.
Estes Park, a community of only 6,000 full-time residents, hosts millions of people each year
who visit our historic village and our neighbor, Rocky Mountain National Park (RMNP), the
fifth most-visited national park in our country in 2021. As a small, rural town whose occupancy
increases exponentially over the course of several months, we rely on assistance from Federal
and State funding sources to accommodate visitors, seasonal workers, and residents alike.
Connecting downtown Estes Park with RMNP via a multimodal trail will provide more
opportunities for all to enjoy our wonderful mountain environment while on foot or bicycle
instead of vehicle use which contributes to traffic congestion and air pollution.
The Town Board expresses its gratitude to CPW for the opportunity to pursue additional
financial assistance to complete this worthwhile project. Serving millions of people each
guest season is a responsibility that the Board takes seriously, and our trail system is a vital
part of the Estes Valley’s access management strategy. As a premier national and global
Attachment 2
Page 200
Board of Trustees 970-577-4777 wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
destination, we welcome this partnership to improve our infrastructure for residents and
guests as a place to live, work, or visit. Favorable consideration of this application would be
greatly appreciated.
Sincerely,
Wendy Koenig
Mayor, Town of Estes Park
cc: David Hook, Engineering Manager, Town of Estes Park
Page 201
September 27, 2022
Josie Hadley, Region 4 Planning Manager
Colorado Department of Transportation
10601 West 10 th St
Greeley, CO 80634
RE: Letter of Support for COOT-TAP Grant
Dear Ms. Hadley:
I hereby certify that the Town of Estes Park is prepared to obligate funds to provide the 20% cost
share funding requirements for a Colorado Department of Transportation-T ransportation
Alternatives Program (COOT-TAP) grant, if awarded.
The Town of Estes Park has identified the Fall River Trail as a trail priority for the Town. In
recent years, the Town has authorized project budgets totaling over $4M for Fall River Trail
design and construction. This includes the 2020 CDOT-T AP grant awarded for Fall River Trail.
The Town has sufficient resources in our Larimer County Open Space Fund and our Trails
Expansion Fund to budget for the required local grant match and will follow proper
appropriation processes to obligate the funds, including authorization from the Board of Trustees
through the 2023 budget approval or a future budget amendment, if awarded.
Should you have any comments, please feel free to contact me at your convenience.
Sincerely,
��
Finance Director/ Treasurer
CC: David Hook, PE, Engineering Manager
170 MACGREGOR AVE, P.O. BOX 1200, ESTES PARK CO. 80517
Finance Department
WWW.ESTES.ORG
970-577-3560dhudson@estes.org
Attachment 3
Page 202
September 27, 2022
Chrystal Read, Federal Grants Administrator
Colorado Parks and Wildlife, State Trails Program
13787 US Hwy 85 N
Littleton, CO 80125
RE: Letter of Support for CPW-LWCF Grant
Dear Ms. Hadley:
I hereby certify that the Town of Estes Park is prepared to obligate funds to provide the 50%
(I: 1) cost share funding requirements for a Colorado Parks and Wildlife Land and Water
Conservation Fund (CPW-L WCF) grant, if awarded.
The Town of Estes Park has ident ified the Fall River Trail as a trail priority for the Town. In
recent years, the Town has authorized project budgets totaling over $4M for Fall River Trail
design and construction. This includes the 2017 CPW-L WCF grant awarded for Fall River Trail.
The Town has sufficient resources in our Larimer County Open Space Fund and our Trails
Expansion Fund to budget for the required local grant match and will follow proper
appropriation processes to obligate the funds, including authorization from the Board of Trustees
through the 2023 budget approval or a future budget amendment, if awarded.
Should you have any comments, please feel free to contact me at your convenience.
Sincerely,
��
Duane Hudson
Finance Director/ Treasurer
CC: David Hook, PE, Engineering Manager
170 MACGREGOR A VE. P.O. BOX 1200, ESTES PARK CO. 80517
Finance Department
WWW.ESTES.ORG
970•577-3560 dhudson@estes.org
Attachment 4
Page 203
Page 204
TOWN ATTORNEY Memo
To:
From:
Date:
RE:
Honorable Mayor Koenig
Board of Trustees
Dan Kramer, Town Attorney
September 27, 2022
Resolution 78-22 Approving an Intergovernmental Agreement with the
Estes Park Local Marketing District Regarding November 2022 Election
Costs
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The Estes Park Local Marking District (LMD) has set ballot language for the November
election to expand upon the existing lodging tax in order to support access to workforce
housing and childcare services. The LMD has also approved an intergovernmental
agreement (IGA) with Larimer County to place the measure on the coordinated ballot.
Under the Town’s existing IGA with the LMD, the Town Clerk will serve as the
designated election official for the election. The Town and LMD wish to enter into this
supplemental IGA for the November 2022 election to clarify roles and responsibilities
regarding costs and ancillary matters.
Present Situation:
The ballot measure is set for the November 2022 election.
Proposal:
This IGA will facilitate the election by outlining roles and responsibilities. The IGA
confirms that the LMD will pay the election costs, except that the Town will pay any
incidental costs it incurs in assisting the LMD through the process. If the ballot measure
passes, all these costs would be reimbursable from the new tax revenues. The
reimbursement would cover all costs of preparing the issue for the election, including
the LMD’s costs in running the community task force it convened.
Advantages:
•The Town is required by statute to assist the LMD with the election.
•The IGA will assist in the coordinated election process by clarifying each party’s roles.
Disadvantages:
•Costs reimbursed by the tax revenues would not be available for other purposes.
Page 205
Action Recommended:
Approve the IGA between the Town and the LMD.
Finance/Resource Impact:
Unquantified positive impact of reimbursing Town administrative costs for activities the
Town is required to undertake regardless.
Level of Public Interest
High interest in the tax measure; likely low interest in this IGA.
Sample Motion:
I move for the approval/denial of Resolution 78-22.
Attachments:
1.Resolution 78-22
2.Intergovernmental Agreement
Page 206
RESOLUTION 78-22
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE ESTES PARK
LOCAL MARKETING DISTRICT REGARDING NOVEMBER 2022 ELECTION COSTS
WHEREAS, House Bill 2022-1117 was recently enacted which made certain
amendments to the Local Marketing District statutes to allow for the use of lodging tax
funds to support access to workforce housing and childcare services, subject to voter
approval; and
WHEREAS, the Estes Park Local Marketing District has set a ballot measure for
the November 2022 election to expand its lodging tax in this way, and the Town of Estes
Park is required by statute to assist with the election and will thereby incur costs; and
WHEREAS, the Town Board wishes to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of clarifying the roles and
responsibilities of each party in the election on this measure.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the agreement referenced
in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 207
INTERGOVERNMENTAL AGREEMENT
THIS INTER GOVERNMENTAL AGREEMENT by and between the ESTES
PARK LOCAL MARKETING DISTRICT, a Colorado local markecing district, hereinafter
referred to as the "L�ID", and the TOWN OF ESTES PARK, COLORADO, a Colorado
statutory town, hereinafter referred to as the "Town", is effective the� day of S e_,eht.vt�✓ 2022. The J }-,,JD and the Town may be referred to herein individually as a "Party" or collectively
as the "Parcies".
WITNESSETH:
WHEREAS, the LMD is a local markccing district organized to provide the services set
forth in Section 29-25-111 (l)(e)(l), C.R.S.; and
WHEREAS, the Ui!D was created pursuant to the provisions of Seccion 29-25-101 et seq.
C.R.S. ("LMD Statutes") and the Intergovernmental Agreement dated August 26, 2008 and all
amendments thereto between the Town and Larimer County (the "County"); and
WHEREAS, House Bill 2022-1117 was recently enacted which made certain amendments
to the LMD Statutes to allow for the use of lodging tax funds to support access to workforce
housing and childcare services, subject to voter approval; and
WHEREAS, the LMD, the Town, and the County have determined that it is in the best
interest of the communicies served by the u,,rD to seek approval of an adclicional lodging tax in
the upcoming November 2022 coordinated election in order to support access to workforce
housing and childcare services within the LMD's service area; and
WHEREAS, as contemplated by the LMD Statutes, the Town will assist in placing the
LMD lodging tax measure on the November 2022 coordinated election ballot and the County will
oversee the coordinated clcccion as required by law; and
WHEREAS, in recognition of the costs associated with preparing the ballot measure and
supporting the election process, the LMD and Town agree that if the lodging tax ballot measure
is approved by voters that each encity shall be reimbursed for all cleccion costs, including those
costs paid to the County for coordinating the cleccion, from the inicial proceeds of the new lodging
tax.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET
FORTH ABOVE, AND THE COVENANTS AND CONDITIONS CONTAINED
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. Preamble. The Parcies acknowledge that the recitals set forth above arc true and correct,
and those recitals arc hereby incorporated into this Agreement.
Attachment 2
Page 208
2.Election. The Parties agree to work in good faith on all processes and legal requirements
to ensure the suhmission of a ballot measure to be included in the November 2022 coordinated
election for an additional lodging tax to support workforce housing and childcare services, as
permitted by the LMD Statutes. The election shall be carried out as required by the u,,rD
Statutes, the Uniform Election Code of 1992, and all laws amendatory thereof or
supplementary thereto.
3.Election Costs. The Li\ID shall be primarily responsible for the election costs as set forth
in the County Clerk and Recorder's coordinated election agreement. The Town shall be
responsible for any costs it incurs associated with supporting the UVID in the election process,
as contemplated by the LMD Statutes or as otherwise set forth in the County Clerk and
Recorder's coordinated election agreement. If the additional lodging tax measure is approved
by voters, the I ,MD and Town shall be reimbursed for all costs associated with the election
process, including but not limited to costs associated with establishing and coordinating the
community task force that was created to inform the proposed measure and election rjmelinc,
upon receipt of the additional lodging tax revenue.
4.Annual Appropriation. Nothing herein shall constitute a multiple fiscal year obligation
pursuant to the Colorado Constitution, Article X, Section 20. :---Jot-withstanding any other
provision of this Agreement, each Party's obLigations under this Agreement arc subject to
annual appropriation by the Party. Any failure of a Party to annually appropriate adequate
monies to finance the Party's obligations under this 1\greement shall enable any Party Lo
terminate this Agreement at such time as such then-existing appropriations are depleted.
Written notice shall be given by the non-appropriatfog Party promptly to the ot.hcr Parties of
the failure to appropriate adequate monies.
5.Notices. All notices or other communicarjon hereunder shall be deemed given when
personally delivered or after the lapse of five (5) business clays following mailing by certified
mail, postage prepaid, address as follows:
ESTES PARK LOCAL MARKETING DISTRICT
Attn: Chairperson
Post Office Box 4426
Estes Park, CO 80517
TOWN OF ESTES PARK
Attn: Town Administrator
Post Office Box 1200
Estes Park, CO 80517
11.Relationship of the Parties. The Panjes enter into this Intergovernmental A greement
as separate and independent entities and shall maintain such status throughout the term of this
Intergovernmental Agreement.
2
Page 209
12.Governmental Immunity. '.'---lathing contained herein shall be construed as a waiver or
modification of the rights afforded to either Party under the Coloradu Governmental
Immunity Act and subsequent amendments thereto, or any other applicable law.
13.Indemnification. To the extent permissible by law, the LMD shall indemnify, protect,
defend and hold harmless the TO\vn and its respective employees, agents, and elected and
appointed officials, from anv and all claims, losses or damages incurred in connection with the
imposition or implementation of the additional lodging tax or the services to be provided by
the Town pursuant to this Intergovernmental Agreement. Such indemnificatiun shall include
reasonable atturney's fees and costs.
14.Governing Law in Effect. This Intergovernmental Agreement shall be governed bv
and construed under the laws of the State of Colorado.
15.Venue. Venue for all purposes shall be deemed proper in the District Court of Larimer
County, Colorado.
16.Entire Agreement of the Parties. The recitals and provisions contained herein
represent the entire agreement of the Parties, and shall be binding upon the Parties hereto and
their successors.
[ 7. Amendment. No amendment or other modification of this Intergovernmental
Agreement shall be valid unless pursuant to a written instrument signed by the Parties.
18.Assignment. The benefits and burdens under this Intergovernmental Agreement may
not be assigned by either Party without the written consent of the other.
19.Severability. If any provision of this Intergovernmental Agreement is deemed
unenforceable or \'oid by a court of competent jurisdiction, such provision shall be deemed
severable and the remainder of this Intergovernmental Agreement shall conrjnue in full force
and effect.
20.Counterparts. This Intergovernmental Agreement may be executed in any number of
counterparts, each of \Vhich shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
[Signature Page Follows]
3
Page 210
IN WITNESS WHEREOF, the Parties hereto have caused trus Intergovernmental
Agreement to be executed as of the date first written above.
ATTEST:
McShan Walker
Secretary
ATTEST:
Town Clerk
APPROVED AS TO FORlvI:
Town Attorney
Email: mwalker@visitestespark.com
ESTES PARK LOCAL MARKETING DISTRICT
TOWN OF ESTES PARK
By:-------------
Mayor
4
Page 211
Page 212
September 2, 2022
Jackie Williamson, Clerk
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
RE: Library District - Board Appointment Recommendation of Lynn Lawson
Dear Ms. Williamson:
The Estes Valley Public Library District has one opening on its Board of Trustees in 2023. With this
letter, we would like to recommend that the Library District’s appointing bodies reappoint Lynn
Lawson to the Estes Valley Library Board of Trustees.
About the candidate:
Ms. Lawson has served on the Library Board for one year, having completed Liz Zornes’ unfinished
term from January 1, 2021 - December 31, 2022. In that time she has been Vice-President, serving
on the Government Affairs committee, and the Library’s Community Needs Assessment task force.
Ms. Lawson has had extensive experience both in business and on nonprofit boards. Hailing from
Omaha, Lynn served on the area’s Opera, Chamber and Girl Scout boards. Her prior non-profit
experience includes strategic planning, marketing, and officer roles.
We recommend the re-appointment of Lynn Lawson to the Estes Valley Public Library District
Board of Trustees, for her first full term, beginning January 1, 2023 and ending on December 31,
2026.
The Library Board of Trustees respectfully requests that the Town of Estes Park Board of Trustees
approve this appointment at its earliest convenience.
Sincerely,
Claudine Perrault, Director
cc: Larimer County Board of County Commissioners
PO Box 1687, 335 East Elkhorn Avenue, Estes Park, CO 80517
970-586-8116 | estesvalleylibrary.org
Page 213
Page 214
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: September 27, 2022
RE: Estes Park Housing Authority Board of Commissioners Expansion
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Discussion Item
QUASI-JUDICIAL YES NO
Objective:
Town Board discussion of a request by the Estes Park Housing Authority (EPHA) to
expand the Board of Commissioners of the Authority from five (5) to “up to seven (7)”
members.
Present Situation:
The Town of Estes Park established the number of Commissioners that serve on the
Board of Commissioners of the Estes Park Housing Authority (EPHA) at five (5) in 2000
(Ordinance 4-00). In the intervening years, the number and diversity of housing
stakeholders in Estes Park has grown significantly while the size of this Board has
stayed the same.
Proposal:
EPHA has requested that the Town Board consider expanding the size of the Board of
Commissioners from five (5) to “up to seven (7)” members. This expansion would allow
more representation from the diverse group of housing stakeholders in Estes Park while
providing flexibility on the total number of members in case the additional two seats are
hard to fill.
Action Recommended:
Staff recommends the Board discuss the Housing Authority request and provide
direction to staff on any change desired.
Finance/Resource Impact:
No direct costs to the Town of Estes Park.
Level of Public Interest
Low
Page 215
Page 216
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: September 27, 2022
RE: Resolution 79-22 Liquor Licensing: New Lodging and Entertainment
Liquor License Application for Della Terra LLC dba Della Terra Events,
3501 Fall River Road, Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Lodging and Entertainment liquor license located at 3501 Fall River
Road. Application filed by Della Terra LLC dba Della Terra Events. A separate
application will also be considered for a separate Hotel and Restaurant liquor license on
the property to serve the hotel space only.
Present Situation:
An application for a new Lodging and Entertainment liquor license was received by the
Town Clerk’s office on August 26, 2022. All necessary paperwork and fees were
submitted; please see the attached Procedure for Hearing on Application – New Liquor
License for additional information. The applicant is aware of the Town Board’s Training
for Intervention Procedures (TIPS) requirement and have owned and operated Della
Terra Mountain Chateau with a Tavern license since 2009 and have completed TIPS
training in the past.
An Affidavit of Surrender was submitted with the application package. The current
Tavern license covers the entire property and will be replaced by a Hotel and
Restaurant license for the Della Terra Mountain Chateau (hotel) side of the property and
separate liquor license for a Lodging and Entertainment license for Della Terra Events
(event/reception) side of the property. The two licenses are separated physically with a
main door guarded during events. See the attached diagrams for more information on
the separate liquor areas served by each liquor license.
Proposal:
To present the application for the Liquor Licensing Authority review and consideration
for a new Lodging and Entertainment liquor license.
Page 217
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Action Recommended:
Approval of the new Lodging and Entertainment Liquor License at 3501 Fall River Road,
Estes Park, Colorado, filed by Della Terra LLC dba Della Terra Events.
Finance/Resource Impact:
The fee paid to the Town of Estes Park for a new Lodging and Entertainment Liquor
license is $1319. The fee covers the administrative costs related to processing the
application, background checks, and business licensing. In addition, the annual
renewal fee payable to the Town of Estes Park for a Lodging and Entertainment Liquor
license is $869.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny Resolution 79-22.
Attachments:
1. Procedure for Hearing
2. Resolution 79-22
3. Application
4. Individual History
5. Police Report
Page 218
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business will be the public hearing on the application of Della Terra
LLC dba Della Terra Events for a new Lodging and Entertainment Liquor License
located at 3501 Fall River Drive, Estes Park, Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed August 26, 2022.
At a meeting of the Board of Trustees on September 13, 2022, the public hearing
was set for 7:00 p.m. on Tuesday, September 27, 2022.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 5.95 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Limited Liability Company.
The property is zoned A - Accommodations which allows this type of
business as a permitted use.
The notice of hearing was published on September 16, 2022 .
The premises was posted on September 12, 2022 .
Attachment 1
Page 219
2
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
Unscheduled Scheduled * X Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
I move that Resolution XX-22 be approved/denied for a new Lodging and
Entertainment liquor license for the Della Terra LLC dba Della Terra Events at 3501
Fall River Drive, Estes Park, Colorado.
Page 220
RESOLUTION 79-22
A RESOLUTION PERMITTING A NEW LODGING AND ENTERTAINMENT
LIQUOR LICENSE APPLICATION FOR
DELLA TERRA LLC DBA DELLA TERRA EVENTS
WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor
Licensing Authority for the Town of Estes Park held a public hearing on September 27,
2022 for a New Lodging and Entertainment Liquor License, filed by Della Terra LLC dba
Della Terra Events, 3501 Fall River Drive, Estes Park, Colorado; and
WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall
consider the reasonable requirements of the neighborhood, the desires of the adult
inhabitants, and all other reasonable restrictions that are or may be placed upon the
neighborhood by the local licensing authority; and
WHEREAS, the Board of Trustees finds that the reasonable requirements of the
neighborhood are not met by the present liquor outlets in the neighborhood and that the
desires of the adult inhabitants are for the granting of this liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The new Lodging and Entertainment Liquor License, filed by Della Terra LLC dba
Della Terra Events, 3501 Fall River Drive, Estes Park, Colorado be approved.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 2
Page 221
DR 8404 (12/29/21) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300
□New License [.81
Colorado Liquor
Retail License Application
New-Concurrent □ Transfer of Ownership □ State Property Only . All answers must be printed in black ink or typewritten . Applicant must check the appropriate box(es) . Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG.Colorado.gov/Liquor
D Master file
....... -·-�--~�---
1. Applicant is applying as a/an D Individual [.81 Limited Liability Company Association or Other D Corporation □ Partnership (includes Limited Liability and Husband and Wife Partnerships)
2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation FEIN Number Della Torra LLC
2a. Trade Name of Establishment (OBA) Della Terra Events
84-1674614
I·state Sales Tax Number Busine:s �e:epho�e _ --
._:.L __ . ____ ·---··---·····-···· 3. Address of Premises (specify exact location of premises, include suite/unit numbers) --� l t(,-2":,()\
3501 Fall River Rd City County Slate ZIP Code Estes Park Larimer co 80517
4. Mailing Address (Number and Street)City or Town State ZIP Code
3501 Fall River Rd Estes Park co 80517 5.Ernail Address marty@dellaterramountainchateau.com 6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA) I Present State License Number I Present Class of License Present Expiration Date
Section A Nonrefundable Application Fees*
D Application Fee for New License .. ... .............. $1, 100.00 � Application Fee for New License w/Concurrent Review ... ········$1,200 .00 D Application Fee for Transfer ............ .. ...... .............. ........ .... $1, 100.00
Section B Liquor License Fees'
D Add Optional Premises to H & R ........ $100.00 X Total
D Add Related Facility to Resort Complex$75.00 X Total D Add Sidewalk Service Area ........... ....................... ...... ...................... $75.00 D Arts License (City) ........... ............... ................ ............. $308.75 D Arts License (County) . ..... ........ . ................................. . ......... $308.75 D Beer and Wine License (City) .... ............ ..................... . ..................... $351.25 D Beer and Wine License (County) .. ................ .................................. . $436.25 D Brew Pub License (City) .. ................. .............. . .... ........ $750.00 D Brew Pub License (County) ... ........... ... ··········· ...... . .............. . ........ $750.00 D Campus Liquor Complex (City) ..... .... .......... ... . ... . . . . . . . . . . . . . ' . . ... S500.00D Campus Liquor Complex (County). ............... , ... ....... ..... . ... $500.00 D Campus Liquor Complex (State) ....... ..................... . ......... $500.00 D Club License (City) .. . .. $308.75 D Club License (County) . . ........ $308.75 D Distillery Pub License (City) . . . . ' . . . ·•·· $750.00 D Distillery Pub License (County) ... , .. ,, .......................... ... ,,, .... , ....... .... $750.00 D Hotel and Restaurant License (City) ............................ .. ............... $500.00 D Hotel and Restaurant License (County) ............................................ $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Liquor-·Licensed Drugstore (City) ................. ... , ' ....... . ············"'·'••· $227.50
Section B (Cont.) Liquor License Fees*
D Liquor-Licensed Drugstore (County) . ... S312.50
12<'] Lodging & Entertainment - L&E (City) . .......... ............ S500.00 D Lodging & Entertainment - L&E (County) . $500 00 D Manager Registration - H & R .. .$75.00 D Manager Registration - Tavern .. ······$75.00 D Manager Registration -Lodging & Entertainment.. ... S75.00 D Manager f�egistration -Campus Liquor Complex ······················ ........ $75.00 D Optional Premises License (City) . ......... D Optional Prernrses License (County) .. lJ Racetrack License (City) .. ..,., .................. D Racetrack License (County) ... D Resort Complex License (City) ... D Resort Complex License (County) .. . ........ D Related Facility -Campus Liquor Complex (City) ..
......... $500.00 . ......... $500.00 . .... S500.00 ..$500 .00 . ...... $500.00 . .......... S500.00 . ............... S160.0 0 D Related Facility -Campus Liquor Complex (County) .. . ............... $16000D Related Facility -Campus Liquor Complex (Stale) .. D Retail Gaming Tavern License (City) .. [J Retail Gaming Tavern License (County) [J Retail l.rquor Slorc Lrcense--Additiomil (City) .. . [J Retail Liquor Store License--Ar!drt1onal (County) ... [] Retail Liquor Store (City) ............. ,,., .................. ................. D Retail Liquor Store (County) ................ ............... .. ........ . ..
. ........... $160.00 . ........ $500.00 .. ... $500.00 . $227.50 . S312.50 .., ............ $227.50 ··············"$312.50 D Tavern License (City) ............................ .......... , .............. .. , . ............. $500.00 D Tavern License (County) ................................. ............. , .. iJ Vintners Restaurant License (City) ................. ...... ....... D Vintners Restaurant License (County). .............. ...... ,., ...... ---.. --·--··---··------____ ........ "'····-··"-·-------·-·"-·'--·----··- ··
.. . ............. $500.00
.. .... .... ..... $750 00 ..... . ....... ,.$750.00 . ...... --
*Note that the Division will not accept cash
Questions? Visit: SBG. Colorado.gov/Liquor for more information
Do not write in this space - For Department of Revenue use only Liability Information License Account Number I Liability Date I License Issued Through (Expiration Date) Total
$
Attachment 3
Page 222
m, 8'104 (12129121 i Application Documents Checklist and Worksheet
Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed
or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are
nonrefundable. Questions? Visit: SBG. Coloraclo.gov/Liquor for more information
Items submitted please check all appropriate boxes completed or documents submitted
I.Applicant information
C><l A. Applicant/Licensee identified
C><l B. State sales tax license number listed or applied for at time of application
C><l C. License type or other transaction identified
[] D. Return originals to local authority (additional items may be required by the local licensing authority)
E. All sections of the application need to be completed□F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re-
tail License Application
II.Diagram of the premises
� A. No larger than 8 1/2" X 11"D B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,
walls, entry/exit points, etc.)
� C. Separate diagram for each floor (if multiple levels)
[� D. Kitchen -identified if Hotel and Restaurant
� E. Bold/Outlined Licensed Premises
111.Proof of property possession (One Year Needed_)
l2?l A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County ClerkD B. Lease in the name of the applicant (or) (matching question #2)D C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant
[j D. Other agreement if not deed or lease. (matching question #2)·----.. -·---IV.Background information (DR 8404-1) and financial documentsIZJ A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors,
partners, members) □B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor.
Do not complete fingerprint cards prior to submitting your application.
The Vendors are as follows:
ldentoGO -https:l/uenroll.iclentogo.coml Phone: 844-539-5539 (toll-free)
Colorado Fingerprinting -http://www.coloradofingerprinting.com
Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabsl
Phone: 720-292-2722 Toll Free: 833-224-2227
Details about the vendors and fingerprinting in Colorado can be found on CBl's website here:
https:l/c/Ji.colorado.gov/sectionsl/Jiometric-identifica/ion-and-records-unitlemployment-and-/Jacl<ground-checl<s
[] C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license □D. List of all notes and loans (Copies to also be attached)
V.Sole proprietor/husband and wife partnership (if applicable)
A.Form DR 4679
[] B. Copy of State issued Driver's License or Colorado Identification Card for each applicant ---·---�--·----"-------
VI.Corporate applicant information (if applicable)
A.Certificate of Incorporation□B. Certificate of Good StandingD C. Certificate of Authorization if foreign corporation (out of state applicants only)
VII.Partnership applicant information (if applicable)D A. Partnership Agreement (general or limited).□B. Certificate of Good Standing
VIII.Limited Liability Company applicant information (if applicable)5a A. Copy of articles of organization5a B. Certificate of Good Standing5a C. Copy of Operating Agreement (if applicable)□D. Certificate of Authority if foreign LLC (out of state applicants only)
IX.Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor
Complex licenses when included with this applicationD A. $75.00 feeD B. Individual History r�ecord (DR 8404-1)
� C. If owner is managing, no fee required
2 Page 223
DR 8404 ( 12/29/21) Name I Type of License I Account Number
Della Terra LLC dba Della Terra Events Lodging & Ent. - L&E (City) 42-04521-0001
7. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, Yes No stockholders or directors if a corporation) or managers under the age of twenty-one years?□IRl
8. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers. stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a. Been denied an alcohol beverage license? □IRlb.Had an alcohol beverage license suspended or revoked? □IRlc. Had interest in another entity that had an alcohol beverage license suspended or revoked? □IRlIf you answered yes to 8a, b or c, explain in detail on a separate sheet.
9.
10.
11.
12.
13
13
14.
15.
Has a liquor license application (same license class). that was located within 500 feet of the proposed premises, been denied wit11in the preceding two years? If "yes", explain in detail. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary?
Waiver by local ordinance? Other: Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than(>) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door-way of the Licensed LLDS/RLS.
ts your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than(<) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.
a.For additional Retail Liquor Store only. Was your Retail Liquor Store License issued on or before January 1, 2016? t.J/A
b. Are you a Colorado resident?
Has a liquor or beer license ever been issued to the applicant (including any of the partners. if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes. identify the name of the business and list any current financial interest in said business including any loans to or from a licensee. J.{J-O'f$J.I ·OOoODoes the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership. lease or other arrangement? � Ownership D Lease D Other (Explain in Detail)
a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease:
□IRl
□IRl
or □ □
□IRl
N/A.
□IRl
N/A
□IRl
IRl □
IRl □
IRl
Landlord I Tenant Expires
b.Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16. □C8l
c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars. brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This l1iagram shoull1 be no larger than 8 1/2 " X 11".
16. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Name First Name Date of Birth FEIN or SSN Interest/Percentage
Last Name First Name Date of Birth FEIN or SSN Interest/Percentage
Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation.
17. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Al /A □ [1Has a local ordinance or resolution authorizing optional premises been adopted?
Number of additional Optional Premise areas requested. (See license fee chart) I NIA
18. For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit. easement, or other legal permissions.
19. Liquor Licensed Drugstore (LLDS) applicants. answer the following: N/A a. Is t11ere a pharmacy, licensed by the Colorado Board of Pharmacy. located within the applicant's LLDS premise ? □□ If "yes" a copy of license must be attached.
3 Page 224
DR 8404 ( 12/29/21)
Name
Della Terra LLC dba Della Terra Events
Type of License
Lod in & Ent. -L&E Cit
Account Number
42-04521-000120. Club Liquor License applicants answer the following: Attach a copy of applicable documentation NI F\Yes No
a. Is the applicant organization operalecl solely for a national. social, fr�temal, patriotic, political or athletic purpose and not for pecuniary gain? O IRlb. Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the O object of a patriotic or fraternal organization or society, bul not for pecuniary gain? IRl
c. How long has the club been incorporated?
d. Has applicant occupied an establishment for three years (three years required) that was operated soiely for the reasons stated above?
21. Brew-Pub, Distillery Pub or Vintner's Restaurant applicants answer the following:
a. Has the applicant received or applied for a Federal Permit'> (Copy of permit or application must be attached)
22.Campus Liquor Complex applicants answer the following:
a. Is the applicant an institution of higher education ?
b. Is the applicant a person who contracts with the institution of higher education to provide food services?
If "yes" please provide a copy of the contract with the institution of higher education to provide food services.
23. For all on-premises applicants.
N/A
NIA
N/A
□IRl
□IRl
□
□
a. Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an Individual History Record -DR 8404-1 and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for details.
b. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application -DR 8000 and fingerprints.
Last N/me of Manager /-\ v-n e. l C\. V\, 24. Does this manager ac as the manager of, or have a financic1I interest in, any other liquor licensed establishment in the Stale of Colorc1clo'I If yes. provide name, type of license and account number.
25. Related Facility -Campus Liquor Complex applicants answer the following:
a. Is the related facility localed within the boundaries of the Campus Liquor Complex?
If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex.
b. Designated Manager for Related Facility-Campus Liquor Complex
Last Name of Manager First Name of Manager
N/A N/A
Yes No □ �□ �
N(A
26. Tax Information. Yes No a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any O �other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties. or interest related to a business?
b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any O �other person with a 10% or greater financial interest in the applicant failed to pay c1ny fees or surcharges imposed pursuant to section 44-3-503, C.R.S.?
27. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in theapplicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website. See application cl1ecklisl, Section IV, for details. Na111e Home Address. City & State
Name
Name
Name
Name
Pamela A Amelang 3501 Fall River Rd, Estes Park, CO
Ho111e Address, City & State
Darell G Amelang 3501 Fall River Rd, Estes Park, CO
Home Address, City & State
Sandra K Garcia 877 Crabapple Ln, Estes Park, CO
Home Address, City & State
Martin L Miller 5412 Taylor Ln, Fort Collins, CO
Home Address, City & State
Audrey Miller 5412 Taylor Ln, Fort Collins, CO
DOB
DOB
DOB -DOB -
" f applicant is owned 100% by a parent company, please list the designated principal officer on above.
Position
Wedding Manager
Position
Maintenance Mgr.
Position
Accountant
Position
Bar Manager
Position
Inactive Member
%Owned
16.67
%Owned
16.67
%Owned
16.67
%Owned
16.67
%Owned
16.66
•• Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable)
•• If total ownership percentage disclosed here does not total 100%. applicant must check this box:
IRJ Applicant affirms th al no individual other than these disclosed herein owns 10% or more of lt1e applicant and does not have financial interest in a prohibited liquor license pursuant lo Article 3 or 5, C.R.S.
)LILJ'8'4 Alto. V; s+c, b r.
Da-{\p,_ Po;/\+) A
4 Page 225
OR 8404 t 12/29/21) Name I Type of License I Account Number
Della Torra LLC dba Della Torra Evonts Lodging & Ent - L&E (City) I 42-04521-0001
Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct. and complete to the best of my knowledge. I also acknowledge H1at it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Aulh ;q�lur:t ,41.;t@ \Printecl Narne and Title Dale
Martin L Miller 8/7/22
Report and Approval of Local Licensing Authority (City/County) Date application filed wilh local authority I Date of local autt101ity hearing (for new lir.ense applir�1nts: r,annot be less than 30 days from elate of applivJtion) � I U, \ �?:Z-I The Local Licensing Authority Hereby Affirms that ee1ch person required to file DR 8404-1 (Individual History Record) or a DFl 8000 (Manager Permit) has been: D Fingerprinted [J Subject to background investigalion, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct. an inspection of the proposed prernises to ensure that the applicant is •n compliance with anti aware of. liquor code provision.? �!feeling their cl,iss of license (Check One) □Date of inspection or anticipated date D Will conduct inspection upon approval of state licensing authority
Cl Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (f�LS) within 1.500 feet of another retilil liquor license for off-Yes No premises sales in a jurisdiction with a population of> 10,0000? [J []
□Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store (RLS) wit11in 3,000 feet of anolher ret,1il liquor license for off-LJ Cl premises sales in a jurisdiction with a population of< 10.0000? NOTE: The distance shall be determined IJy a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal tJoorway of the Licensed LU)S/RLS.
□Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of !he applican!'s gross annual income derived □ □ from the sale of food, during the prior twelve (12) montt, period?
The foregoing application has been examined: and t11e premises. business to be conducted. and ch,Hilcter of the applicant are satisfactory. We do report that suct1 license. if grantee!, will meet the reasonable requirements of t11e neighborhood and the clesires of t11e adult inhabitants, and will comply with the provisions of Title 44. Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved. Local Licensing Authority for !Telephone Number I D Town, City i CJ Countv Signature Print Title Date
Signature Print Title Date
5 Page 226
DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
Tax Check Authorization, Waiver,
and Request to Release Information
I, Pamela A Amelang am signing this Ta x Check Authorization, Waiver and Request to Release
Information (hereinafter "Waiver") on behalf of De lla Terra LLC (Della Terra Events) (the "Applicant/Licensee")
to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and
documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than
myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the
Applicant/Licensee.
The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the
Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation
obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application
and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq.
("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax
obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may
take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations.
The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance
concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local
taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing
authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later.
Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal
of any license, if requested.
By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local
taxing authority or agency in the possession of tax documents or information, release information and documentation to
the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's duly
authorized representative under section 39-21-113( 4 ), C.R.S., solely to allow the state and local licensing authorities, and
their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/Licensee
authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to
use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the
application or license.
Name (Individual/Business) I Social Security Number/fax Identification Number
Della Terra LLC (Trade Name: Della Terra Events) 84-1674614Address
3501 Fall River Rd City
Estes Park !State co 8051 7 Home Phone Number I Business/Work Phone Number
(970)566-9424 (970)586-2501Printed name of person signing on behalf of the Applicant/Licensee
Pamela A Amelang Appliye��:}ensee's Sign13ture (Signature J3J-lthorizing the-pi closure of confidential tax information) )Date signed \ l t· d,� ,Jl--< 1 r J!. ,.,,. ,') v--<..r-, / 817122 --•
Pr�y Act Statement
Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a
result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note).
4 Page 227
Della Terra LLC
Dba Della Terra Mountain Chateau
3501 Fall River Rd.
Estes Park, CO 80517
(970)586-2501
Liquor License #042-04521-0000
RE: LIQUOR LICENSE APPLICATION -QUESTION #14
SBA Loan #1: Loan Number 8827664010 Approx. Balance: $153,000
SBA Loan #2: Loan Number 3083496003 Approx. Balance: $662,000
Page 228
Della Terra LLC RETAINING WALL Trade Name: Della Terra Events
3501 Fall River Rd �'1?'-\.,,
\.,,
-'�0
,:<..�,-Est es Park, CO 80517 . NO HOTEL AREAS Lie.#: 042-04521-0001 ON THIS PAGE
OUTDOOR SPACES INCLUDED WITH
EVENT LIQUOR LICENCE:
OUTDOOR BAR
COVERED OUTDOOR COCKTAIL DECK
OUTDOOR COCKTAIL DECK
OUTDOOR DANCING AREA
OUTDOOR SMOKING PATIO
DRIVEWAY/PATH TO OUTDOOR CEREMONY SITE
(WITH PERGOLA AND STADIUM SEATING)
DRIVEWAY/PATH TO OUTDOOR
-CEREMONY SITE WITH
PERGOLA AND STADIUM SEATING
(SEE PROPERTY DRAWING)
<?--�
STEEP HILLSIDE
OUTSIDE EVENT AREAS ARE SEPARATED
FROM LODGING/PUBLIC GUESTS WITH
RETAINING WALLS, DRIVEWAY GATES,
RAILING/STEEP HILLSIDE, SIGNAGE AND
A GUARD DURING ALCOHOL SERVICE
OUTDOOR DANCING AREA
RAILING
EVENT SPACES AT RECEPTION LEVEL
(O THER EVENT ARE AS ARE SHOWN ON
LEVEL 1 AND 2 DR AWINGS)
82 1-9 11
111,;x,.;x,.JVV<.,.;x,.;x,.J IXXXXXXXXXXXXXXll-6
RAILING
OUTDOOR
COCKTAIL DECK
RAILING
-..
a:: 0 00::: O<( I- co :::,
a:: 0 ::.::: Ou Ow 1-o :::, ...IQ_ 0� W::s::: o:::u Wo 6U
RAILING
RAILING
i l w Wti:
:::: Cl a:: 0
N
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....J LU > LU ....J
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BREAKF
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I COCKTAllA EA (SEE LEVE 2)
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Page 229
Della Terra LLC
Trade Name: Della Terra Events
3501 Fall River Rd
Estes Park, CO 80517
Lie.#: 042-04521-0001 (orange ar eas pnly)
-�ii&
46 1 -2 11
LEVEL1
Page 230
Della Terra LLC
Trade Name: Della Terra Events
3501 Fall River Rd
Estes Park, CO 80517
Lie.#: 042-04521-0001 (orange areas only)
-nm
-:.:i(P
40 1-8 11
LEVEL 2
UJ (/) >-r5 � g: UUJZ :::i (!) UJ
0::: � 1-o Z z
::::,QO a(/)o::: -LL _J
Page 231
Della Terra LLC
Trade Name: Della Terra Events
3501 Fall River Rd
Estes Park, CO 80517
Lie.#: 042-04521-0001 ( orange areas only)
NO EVENT SPACE
ON THIS LEVEL
-..
LEVEL 3
(:) -zUJ-(:) S:z �:::, oS UJ �
�� �tUJ 0 Cf) .....I UJ LL UJ 0 Cf)
Page 232
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Phone Number I Cellular---Della Terra LLC n/a
2.Your Full Name (last, first, middle)3. List any other names you have used
Amelang, Pamela Ann Miller, Pamela Ann
4.Mailing address (if different from residence)Email Address
pam@dellaterramountainchateau.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To
Current
3501 Fall River Rd Estes Park, CO 80517 06/01/09 05/14/22
Previous
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
Della Terra LLC 3501 Fall River Rd, Estes Park, 80517 General Mgr. 05/01/05 05/14/22
7. List the name{s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
Darell Amelang Spouse Maintenance Mgr. Della Terra LLC
Martin & Audrey Miller Brother/Sister-in-law Bar/Guest Services Mgrs. Della Terra LLC
Sandra Garcia Sister Accountant Della Terra LLC
Deanna Tompkins Sister Passive Member Della Terra LLC
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,I&! Yes ONo furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Currently holding Tavern liquor licence 04204521�0000 for Della Terra LLC (since June 2009). Same LLC members as
listed above in 2 and 7.
9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you 0Yes �No applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Attachment 4
Page 233
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes !Zl Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a OYes �No deferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes IZl No
Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. 13a. Date of Birth lb.Social� C.Place of Birth I IZl Yes ONoGrand Junction, CO d. U.S. Citizen e.-If Naturalized, state where f.When g.Name of District Court
h.Naturalization Certificate Number i.Date of Certification j. If an Alien, Give Alien's Registration Card Number I k. Permanent Residence Card Number
I.Height Im.Weight In. Hair Color-Blond o.Eye ColorBlue IP· Gender Female I q. Do you have a current Driver's License/ID? If so, give number and state.IZJ Yes D No # ----State CO 14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ n/a (see item 8 above)b.List the total amount of the personal investment, made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid.$ 472,650.00
•· If corporate investment only please skip to and complete section (d)
** Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount Cash (Equity account balance) from P&L since 2005 n/a $472,650.00
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)
Type: Cash, Services or Equipment Loans Account Type
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address n/a
Oath of Applicant l de_r�nder oenaltv of oe.!:i_urv.Jhat this a[;>vii'ication and all attachments are trueAutf\f� ( � Mt Signature
--/>A.A Pamela A Amelang
V
Bank Name Amount
Term Security Amount
correct and comolete to the best of mv knowledqe. !Title General Manager !Date 05/14/22 Page 234
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Phone Number !Cellular--Della Terra LLC n/a
2.Your Full Name (last, first, middle) 3. List any other names you have used
Amelang, Darell G
4. Mailing address (if different from residence) Email Address
damelang1@yahoo.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To
Current
3501 Fall River Rd Estes Park, CO 80517 06/01/09 05/14/22
Previous
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
Della Terra LLC 3501 Fall River Rd, Estes Park, 80517 General Mgr.05/01/05 05/14/22
7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
Pamela Amelang Spouse General Mgr.Della Terra LLC
Martin & Audrey Miller Brother/Sister-in-law · Bar/Guest Services Mgrs.Della Terra LLC
Sandra Garcia Sister Accountant Della Terra LLC
Deanna Tompkins Sister Passive Member Della Terra LLC
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,IZI Yes Nofurniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Currently holding Tavern liquor licence 04204521-0000 for Della Terra LLC (since June 2009). Same LLC members as
listed above in 2 and 7.
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes IZI Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Page 235
DR 8404-1 (03/20/19)
\
10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes [gj Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes 1:81 Nodeferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes 18JNo
Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solelv for identification ourooses. 13a. Date of Birth I b. Social Security NL1mber c. Place of Birth I -d. U.S. Citizen 18lves □Noe.If Naturalized, state where f.When g.Name of District Court
h. Naturalization Certificate Number i.Date of Certification j. If an Alien, Give Alien's Registration Card Number I k.Permanent Residence Card Number
,. Im.Weight In. Hair Color o.Eye ColorGray Ip. Gender Male I q.Do you have a curre�ID? If so, give number and state.181 Yes D No # State CO
14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ n/a (see item 8 above)
b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purcl1ases or fees paid. $ 472,650.00
* If corporate investment only please skip to and complete section {d)** Section b should reflect the total of sections c and e
c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount
Cash (Equity account balance) from P&L since 2005 n/a $472,650.00
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)
Type: Cash, Services or Equipment Loans Account Type
e.Loan Information (Attach copies of all notes or loans)Name of Lender Address
n/a
Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true tsuun��d Sign�� � -.........� -I Print Signature Darell G Amelang
Bank Name Amount
Term Security Amount
correct and comolete to the best of mv knowledoe.
!Title Maintenance Manager !Date 05/14/22 Page 236
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1. Name of Business
Della Terra LLC
2. Your Full Name (last, first, middle)
Miller, Martin Lee
Home Phone Number
n/a
Cellular
3. List any other names you have used
II I.
4. Mailing address (if different from residence) Email Address
marty@dellaterramountainchateau.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Current
Previous
Street and Number City, State, Zip From To ,..,N\.
5412 Taylor Ln Fort Collins, CO 805.iB 11 /01 /16 05/14/22
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip)
Della Terra LLC 3501 Fall River Rd, Estes Park, 80517
Position Held
Bar Manager
From To
05/01/05 05/14/22
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Nan:ie of Licensee
Pamela & Darell Amelang Sister/Brother-in-law General Mgr./Maint. Mgr.
Audrey Miller Spouse Guest Services Mgr.
Deanna Tompkins Sister Passive Member
Sandra Garcia Sister Accountant
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,
furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Della Terra LLC
Della Terra LLC
Della Terra LLC
Della Terra LLC
IZ!Yes ONo
Currently holding Tavern liquor licence 42-04521-0000 for Della Terra LLC (since June 2009). Same LLC members as
listed above in 2 and 7.
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you
applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)OYes IZ! No
Page 237
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes IRl Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes �Nodeferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)OYes �No
Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information reauired in question #13 is solelv for identification purposes. L----I b. Social Security Number c.Place of Birth IGrand Junction d.U.S. Citizen �Yes ONoe.If Naturalized, state where f.When g.Name of District Court
h.Naturalization Certificate Number i.Date of Certification I j.If an Alien, Give Alien's Registration Card Number I k.Permanent Residence Card Number
I.Height Im.Weight In. Hair Colorl_ll Brown o.Eye ColorBrown ,p. GenderMale I q.Do you have a current Driver's License/ID? If so, give number and state.181Yes ONo # --State CO
14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ n/a (see item 8 above)
b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid.$ 472,650.00
* If corporate investment only please skip to and complete section (d)** Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)Type: Cash, Services or Equipment Account Type Bank Name Amount
Cash (Equity account balance) from P&L since 2005 n/a $472,650.00
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
e. Loan Information (Attach copies of all notes or loans)Name of Lender Address Term Security Amount
n/a
Oath of Applicant I declare under oenaltv of oeriurv-ttra:1/Jfils' annlication and all attachments are true correct and comolete to the best of mv knowledae. Authoriz d Signa,11J -� AP" I Print Signature I Title I Date /4,\;;Z---�� -Martin L Miller Bar Manager 05/14/22 Page 238
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Phone Number I Cellular---Della Terra LLC n/a
2. Your Full Name (last, first, middle} 3. List any other names you have used
Garcia, Sandra Kay Miller, Sandra Kay
4. Mailing address (if different from residence) Email Address
sandy@dellaterramountainchateau.com
5. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To
Current
877 Crabapple Lane Estes Park, CO 80517 10/01/19 05/14/22
Previous
3501 Fall River Road Estes Park, CO 80517 06/01/09 10/01/19
6. List all employment within the last five years. Include any self-employment. (At�ach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
Della Terra LLC 3501 Fall River Rd, Estes Park, 80517 Accountant 05/01/05 05/14/22
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
Pamela & Darell Amelang Sister/Brother-in-law General Mgr./Maint. Mgr.Della Terra LLC
Martin & Audrey Miller Brother/Sister-in-law Bar/Guest Services Mgrs.Della Terra LLC
Deanna Tompkins Sister Passive Member Della Terra LLC
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,IZl Yes □Nofurniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Currently holdin'g Tavern liquor licence 42-04521-0000 for Della Terra LLC (since June 2009). Same LLC members as
listed above in 2 and 7.
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you Oves IZl Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Page 239
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes IZI Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes [81 Nodeferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) □Yes �No
Personal and Financial Information Unless otherwise provided by law, the personal information required in question # 13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes.13a-I b. Social Security Number c. Place of Birth Grand Junction I d. U.S. Citizen �Yes ONo e.If Naturalized, stale where f.When g. Name of District Court
h.Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number I k. Permanent Residence Card Number
I.., m .• In. Ha;�:t o. Eye Color Hazel IP· Gender Female I q. Do you have a current Driver's License/ID? If so, give number and slate. IZJ Yes D No # Slate CO
14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ n/a (see item 8 above)
b. List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid.$ 472,650.00
* If corporate investment only please skip to and complete section (d)** Section b should reflect the total of sections c and e
c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount
Cash (Equity account balance) from P&L since 2005 n/a $472,650.00
-d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)
Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
e.Loan Information (Attach copies of all notes or loans)Name of Lender Address Term Security Amount
n/a
Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of mv knowledae. Auth'.Jzed Signature L ,._,�--- K ·•''"''r .D __ ' -I Print Signature Sandra K Garcia I Title Accountant I Date 05/14/22Page 240
i
DR 8404-1 (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you lo answer questions completely)
1. Name of Business Home Phone Number \ Cellular Number
Della Terra LLC
2. Your Full Name (last, first, middle)3.List any other names you have used
Miller, Audrey R Audrey Roper
4.Mailing address (if different from residence)Email Address
audrey@dellaterramountainchateau.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To
Current
5412 Taylor Ln Fort Collins, CO 80528 11/01/16 05/14/22
Previous
6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip)Position Held From To
Della Terra LLC 3501 Fall River Rd, Estes Park 80517 Guest Services 11/01/16 05/14/22
Group Publishing 1515 Cascade Ave, Loveland 80538 HR 07/01/13 04/15/20
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
Pamela & Darell Amelang Sister/Brother-in-law General Mgr./Maint. Mgr. Della Terra LLC
Martin Miller Spouse Bar Manager Della Terra LLC
Sandra Garcia Sister"in-law Accountant Della Terra LLC
Deanna Tompkins Sister-in-law Passive Member Della Terra LLC
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,�Yes □No furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you 0Yes �No applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Page 241
DR 8404-1 (03120/19)
10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited
bail for any offense in criminal or military court or do you have any charges pending? (If yes. explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a
deferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)
Personal and Financial Information
□Yes IX!No
0Yes �No
□Yes IZ!No
Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal
information re uired in uestion #13 is solel for identification ur oses.
13a. Date of Birth b. Social �:..::..:::..:.,:.;c.;..;. '=p;.;;1a.;;.ce'-'-.J:of"'B�irt""h;,.;;..=-=-:...----------,---------------i
-Greeley, CO d.U.S.Citizen �Yes 0No
e. If Naturalized, state where f. When g.Name of District Court
h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number
I. Height m. Weight n. Hair Color o.Eye Color
Hazel
p. Gender
Female
q.Do you have a current Driver's License/ID? If so, give number and state.
- -
Blond �Yes 0No # State CO
14.Financial Information.
a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.
$
b.List the total amount of the personal investment , made by the person listed on question #2, in this business including any
notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ _4_7_2...c_,6_5_0_.0_0 ______ _
* If corporate investment only please skip to and complete section (d)
** Section b should reflect the total of sections c and e
c. Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.
(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount
Cash (Equity account balance) from P&L since 2005 n/a $472,650.00
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a
separate sheet if needed)'
Type: Cash, Services or Equipment Loans Account Type
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address
Oath of Applicant
lication and all attachments are true Print Signature
Audrey R MIiier
Bank Name Amount
Term Security Amount
correct and com lete to the best of m knowle d e. Title Date
Guest Services Mgr. 05/14/22
Page 242
'"\ DR ��.04-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Pl1one Number I Cellular.....__Della Terra LLC n/a
2. Your Full Name (last, first, middle) 3. List any other names you have used
Tompkins, Deanna Sue Miller, Deanna Sue
4.Mailing address (if different from residence) Email Address
deetompkins@gmail.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To
Current
24486 Alta Vista Dr Dana Point, CA 92629 04/01/22 05/14/22
Previous
12770 Elkhorn Road Broomfield, CO 80021 03/01/17 04/01/22
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
Retired n/a n/a 03/01/15 05/14/22
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
Pamela & Darell Amelang Sister/Brother-in-law General Mgr./Maint. Mgr.Della Terra LLC
Martin & Audrey Miller Brother/Sister-in-law Bar/Guest Services Mgrs.Della Terra LLC
Sandra Garcia Sister Accountant Della Terra LLC
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,!ZIYes □Nofurniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Currently holding Tavern liquor licence 42-04521-0000 for Della Terra LLC (since June 2009). Same LLC members as
listed above in 2 and 7.
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes IZI Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Page 243
,(l Ha\'e you ever bet•n corw1cted of a cr,me or received a suspended sentence, delened sentence. or lortetted [] Yes (81 No
-··--bail fa! any otfense 111 cm111nat or n11h1a1crmn or do you have ;;1ny cllal\l':5-J.:ll!nd111q ?_ (If yes, e�pla1n 1n det<Jil.)
11. Are you
c
u
r
r
e
n
t
l
y
under probalion (supervised or unsuperv,sud), pmolo, or complot1n{-1 ltrn requirements of a D Yes !Bl No deferred sentence? {If yes. e�plain in dotail.L__ -··-· -·-------·-·· ···--·-·-·�·-··----·-------------t
12.Have you ever had any professional hcense suspended, revoked, or dentecl7 (II yes. explmn m rJetall.)0 Yes � No
Personal and Financial Information
Unless otherwise provided by law. the personal mlormallon required in question /113 will bo treated as conhdential. 1ho personal
rnfornialion reou1red in uestron t;13 Is solel for 1denliflcalion ur oses.
Grand Junction d. U.S. Citizen �Yos 0No
e.
I
I
Naturahze<I. state where I. When g. Name of District Court
h Naturahzalton Cer11ficate Number i. Date of Cert1ficahon j. II an N1en, Give Alien's Regislration Card Number k. Permanent Resirlenco Card Number
14. Financial Information.
· a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.s n/a (see item 8 above)
·· b. List the total amount of the personal investment, made by the person listed on question #2, in this business including any
··.. . notes, loans, cash. services or equipment, operating capital, stock purchases or fees paid. S -'4-'-7..::2:.!.,6..:..5..:..0..:..c..:.Oc...O:........ ______ _
• If corporate investment only please skip to and complete section (d)•• Section b should reflect the total of sections c and e
c,prov1de details of the personal investment described in 14b. You must account for all of the sources of this investment.
(Attach a separate sheet if needed)
Type: Cash, Se,vices or Equipment Account Type Bank Name
Cash (Equity account balance) from P&L since 2005 n/a
Amount
$472,650.00
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a
separate sheet if needed)
Type: Cash, Seivices or Equipment Loans Account Type Bank Name Amount
e.Loan Information (Attach copies of allnoi�s. or loans)
.. ,.,Address Term Security Amount
nla
correct and com lete to the best or m Tille
Member (pass iv�)
Page 244
----I�,___ ®
TOWN OF ESTES PARI'-._
September 12, 2022
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 80517
Dear Ms. Williamson:
RE: Della Terra DBA Della Terra Events
Amelang, Pamela Ann
Amelang, Darell G.
Garcia, Sandra K.
Miller, Mmtin Lee
Miller, Audrey Rae
Tompkins, Deanna Sue
A check of the Estes Park Police Depaiiment local records on the above business
and individual was conducted. The system reports date back to possibly October
of 2004 or more recently when our system upgraded in December 2020.
Unfo1iunately, there is limited information in the update. There are no reports
involving the individual in the system.
Corey P. Pass
Interim Chief of Police, Estes Park Police Department
170 MACGREGOR AVE. P.O. BOX 1287 ESTES PARK, CO 80517 www .estes.org
Police Department
Corey P. Pass, Interim Chief of Police
970-586-4000
www.estes.org/pd
Attachment 5
Page 245
Page 246
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: September 27, 2022
RE: Resolution 80-22 Liquor Licensing: New Hotel & Restaurant Liquor
License Application for Della Terra LLC dba Della Terra Mountain
Chateau, 3501 Fall River Road, Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Hotel & Restaurant liquor license located at 3501 Fall River Road.
Application filed by Della Terra LLC dba Della Terra Mountain Chateau. A separate
application will also be considered for a separate Lodging and Entertainment liquor
license on the property to serve the event space only, including an outdoor wedding
area.
Present Situation:
An application for a new Hotel & Restaurant liquor license was received by the Town
Clerk’s office on August 26, 2022. All necessary paperwork and fees were submitted;
please see the attached Procedure for Hearing on Application – New Liquor License for
additional information. The applicant is aware of the Town Board’s Training for
Intervention Procedures (TIPS) requirement and have owned and operated Della Terra
Mountain Chateau with a Tavern license since 2009 and have completed TIPS training
in the past.
An Affidavit of Surrender was submitted with the application package. The current
Tavern license covers the entire property and will be replaced by a Hotel and
Restaurant license for the Della Terra Mountain Chateau (hotel) side of the property and
separate liquor license for a Lodging and Entertainment license for Della Terra Events
(event/reception) side of the property. The two licenses are separated physically with a
main door guarded during events. See the attached diagrams for more information on
the separate liquor areas served by each liquor license.
Page 247
Proposal:
To present the application for the Liquor Licensing Authority review and consideration
for a new Hotel & Restaurant liquor license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Action Recommended:
Approval of the new Hotel & Restaurant Liquor License at 3501 Fall River Road, Estes
Park, Colorado, filed by Della Terra LLC dba Della Terra Mountain Chateau.
Finance/Resource Impact:
The fee paid to the Town of Estes Park for a new Hotel & Restaurant Liquor license is
$1319. The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the annual renewal fee
payable to the Town of Estes Park for a Hotel & Restaurant Liquor license is $869.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny Resolution 80-22.
Attachments:
1. Procedure for Hearing
2. Resolution 80-22
3. Application
4. Individual History
5. Police Report
Page 248
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business will be the public hearing on the application of Della Terra
LLC dba Della Terra Mountain Chateau for a new Hotel & Restaurant Liquor
License located at 3501 Fall River Drive, Estes Park, Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed August 26, 2022.
At a meeting of the Board of Trustees on September 13, 2022, the public hearing
was set for 7:00 p.m. on Tuesday, September 27, 2022.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 5.95 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Limited Liability Company.
The property is zoned A - Accommodations which allows this type of
business as a permitted use.
The notice of hearing was published on September 16, 2022 .
The premises was posted on September 12, 2022 .
Attachment 1
Page 249
2
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
Unscheduled Scheduled * X Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
I move that Resolution XX-22 be approved/denied for a new Hotel and Restaurant
liquor license for the Della Terra LLC dba Della Terra Mountain Chateau at 3501 Fall
River Drive, Estes Park, Colorado.
Page 250
RESOLUTION 80-22
A RESOLUTION PERMITTING A NEW HOTEL AND RESTAURANT
LIQUOR LICENSE APPLICATION FOR
DELLA TERRA LLC DBA DELLA TERRA MOUNTAIN CHATEAU
WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor
Licensing Authority for the Town of Estes Park held a public hearing on September 27, 2022
for a New Hotel and Restaurant Liquor License, filed by Della Terra LLC dba Della Terra
Mountain Chateau, 3501 Fall River Drive, Estes Park, Colorado; and
WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider
the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and
all other reasonable restrictions that are or may be placed upon the neighborhood by the
local licensing authority; and
WHEREAS, the Board of Trustees finds that the reasonable requirements of the
neighborhood are not met by the present liquor outlets in the neighborhood and that the
desires of the adult inhabitants are for the granting of this liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
The new Hotel and Restaurant Liquor License, filed by Della Terra LLC dba Della
Terra Mountain Chateau, 3501 Fall River Drive, Estes Park, Colorado be approved.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 2
Page 251
DR 8404 (12/29/21) COLORADO DEPARTMENT OF REVENUE
Liquor En!orcement Division
(303) 205-2300
Colorado Liquor
Retail License Application
□New License [81 New-Concurrent □ Transfer of Ownership □ State Property Only □ Master file . All answers must be printed in black ink or typewritten . Applicant must check the appropriate box(es) . Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG.Co/orado.gov/Liquor -----·•·-------
1. Applicant is applying as a/an □ Individual [81 Limited Liability Company [] Association or Other □Corporation □ Partnership (includes Limited Liability and Husband and Wife Partnerships)
2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation. name of corporation FEIN Number
Della T crra LLC 84-1674614
2a. Trade Name of Establishment (OBA) IStaiiiiiii Business Telephone
Della Terra Mountain Chateau ( ct·10)5�(,-J5ol
3. Address or Premises (specify exact location or premises, include suite/unit numbers)
3501 Fall River Rd City County State ZIP Code
Estes Park Larimer co 80517
4. Mailing Address (Number and Street) City or Town State ZIP Code
3501 Fall River Rd Estes Park co 80517
-•"'--••--• •--•• ··--··------------·----------�---· 5. Email Address
marty@dellaterramountainchateau.com
6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (OBA)
Della Terra Mountain Chateau I Present State License Number I Present Class of License
42-04521-0000 Tavern
Present Expiration Date
03/05/2023
Section A Nonrefundable Application Fees* D Application Fee for New License ............................................ $1,100.00 � Application Fee for New License w/Concurrent Review ............ $1,200.00 D Application Fee for Transfer ...... ·•·················"'"''''"'"''.. $1,100.00
Section B Liquor License Fees*
D Add Optional Premises to H & R ......... $100.00 X Total
D Add Related Facility to Resort Complex$75.00 X Total D Add Sidewalk Service Area .................................................................... $75.00 D Arts License (City) ................................................................................ $308.75 D Arts License (County) .......................................................................... $308.75 D Beer and Wine License (City) .............................................................. $351.25 D Beer and Wine License (County) .. ·······································D Brew Pub License (City) . .... . .. ............ ,, ........ , .... , ..............
D Brew Pub License (County) .. ............ .... , ..............................D Campus Liquor Complex (City) ............. , ....... ,., .. , .. ,, ............. D Campus Liquor Complex (County) ....................................... D Campus Liquor Complex (State) ·················"'''''''''•'"''''''"'"'
.. ······ ... · $436.25 ············ $750.00
... . ........ $750.00 ............. S500.00 ............. S500.00 ............. $500.00 D Club License (City) ......................................................................... ..... $308.75 D Club License (County) ........................................................................ $308.75 D Distillery Pub License (City) ................................................................. $750.00 D Distillery Pub License (County) ......................................................... $750.00 � Hotel and Restaurant License (City) ................................................... $500.00 D Hotel and Restaurant License (County) ........................................... $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Liquor-Licensed Drugstore (City) ........ ....................... . ..................... $227.50
Section B (Cont.) Liquor License Fees•
D Liquor-Licensed Drugstore (County) ................................ D Lodging & Entertainment - L&E (City) . ''''"''"' '"""'' ........D Lodging & Entertainment -L&E (County) ' ......... .. ........ □Manager Registration - H & R
. . . . . . . . . . . . ' . . . . . . . . . . . . . . . ' . . . . ' . . . . . . . .
············ .. .. $312.50 . ..... $500.00 .. $500.00 .................. $75.D0 D Manager Registration - Tavern ... ·········"""'''"'''''''"'''''' .............. . .. $75.00 D Manager Registration -Lodging & Entertainment... ......... .... $75.00 D Manager Registration -Campus Liquor Complex ............................... $75.00 D Optional Premises License (City) ........................................................ $500.00 0 Optional Premises License (County) ................................................... $500.00 D Racetrack License (City) .............. ······································•D Racetrack License (County) .. ·································•··· 0 Resort Complex License (City) ... ..... .
..
.
.
.
..... 0 Resort Complex License (County) . . . ' . . ' ' ' ' ' ' ' ' ' . ' . ", ........ D Related Facility Campus Liquor Complex (City) ,,,. .. .....
D Related Facility -Campus Liquor Complex (County) ..... □ Related Facility-Campus Liquor Complex (State) .......... □ Retail Gaming Tavern License (City) ...............................
........ ,.. . ... S500.00
... .... . .... S500.00 .$500.00 ....... $500.00 ............ $160.00 . ...... ....... $160.00 ..... $160.00 ........... $500.00 D Retail Gaming Tavern Limnse (County) ............................... .............. $500.00 D Retail Liquor Store License--Addilional (City) ................... ........ . ..... . $227.50 D Retail Liquor Store License--Additional (County) ................................ $312.50 D Retail Liquor Store (City) ..................... ........... ··············· .. , ................... $227.50 D Retail Liquor Store (County) .............. ..................... .. .......................... $312.50 D Tavern License (City) ..................... . .............. ······· ................... $500.00 D Tavern License (County) .................. . ............................................ $500.00 D Vintners Restaurant License (City) .. .. ·••·············· ........ $750.00 0 Vintners Restflurant License (County) ... . ............................. $750.00
,.., ____
* Note that the Division will not accept cash
Questions? Visit: SBG.Colorado.gov/Liquorfor more information
Do not write in this space - For Department of Revenue use only Liability Information License Account Number I Liability Date ... , License Issued Through (Expiration Date) Total
$
Attachment 3
Page 252
oR 8404 (12129121 1 Application Documents Checklist and Worksheet
Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure.
All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed
or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are
nonrefundable. Questions? Visit: SBG. Colorado.gov/Liquor for more information
Items submitted please check all af?oropriate boxes completed or documents submitted
I.Applicant information
� A. Applicant/Licensee identified
� B. State sales tax license number listed or applied for at time of application
12<1 C. License type or other transaction identified
[J D. Return originals to local authority (additional items may be required by the local licensing authority)
E. All sections of the application need to be completed□F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re-
tail License Application
II.Diagram of the premisesI� A. No larger than 8 1 /2" X 11"D B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,
walls, entry/exit points, etc.)
� C. Separate diagram for each floor (if multiple levels)
� D. Kitchen -identified if Hotel and Restaurant
� E. Bold/Outlined Licensed Premises
111.Proof of property possession (One Year NeE)_ded)
� A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk
[] B. Lease in the name of the applicant (or) (matching question #2)D C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D D.Other agreement if not deed or lease. (matching question #2)
IV.Background information (DR 8404-1) and financial documents
� A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors,
partners, members)
B.Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor.
Do not complete fingerprint cards prior to submitting your application.
The Vendors are as follows:
ldentoGO -https:l/uenroll.identogo.coml Phone: 844-539-5539 (toll-free)
Colorado Fingerprinting -http:llwww.coloradofingerprinting.com
Appointment Scheduling Website: http:llwww.coloradofingerprinting.com/cabsl
Phone: 720-292-2722 Toll Free: 833-224-2227
Details about the vendors and fingerprinting in Colorado can be found on CBl's website here:
https:l/cbi.colorado.govlsectionslbiometric-identification-and-records-unitlemployment-and-bacl<ground-checl<s□C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license□D. List of all notes and loans (Copies to also be attached)
V.Sole proprietor/husband and wife partnership (if applicable)D A. Form DR 4679D B. Copy of State issued Driver's License or Colorado Identification Card for each applicant
VI.Corporate applicant information (if applicable)
[] A. Certificate of IncorporationD B. Certificate of Good StandingD C. Certificate of Authorization if foreign corporation (out of state applicants only)
VII.Partnership applicant information (if applicable)D A. Partnership Agreement (general or limited).D B. Certificate of Good Standing
VIII.Limited Liability Company applicant information (if applicable)
� A. Copy of articles of organizationGa B. Certificate of Good StandingGa C.Copy of Operating Agreement (if applicable)D D. Certificate of Authority if foreign LLC (out of state applicants only)
IX.Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor
Complex licenses when included with this applicationD A. $75.00 feeD B. Individual History Record (DR 8404-1)5a C. If owner is managing, no fee required
2 Page 253
DR 8404 ( 12129121) Name I Type of License I Account Number
Della Terra LLC dba Della Terra Mountain Chateau Hotel & Restaurant (City) 42-04521-0000
7. Is the applicant (including any of the partners if a partnership: members or managers if a limited liability company: or officers, Yes No stockholders or directors if a corporation) or managers under the age of twenty-one years? [] [X]
8. Has the applicant (including any of the partners 11 a partnership; members or managers if a limited liability company: or officers. stockholders or directors if a corporation) or managers ever (in Colorado or any other state):
a. Been denied an alcohol beverage license? [] [X]
b. Had an alcohol beverage license suspended or revoked? □[X]
c. Had interest in another entity that had an alcohol beverage license suspended or revoked? □[X] If you answered yes to 8a, b or c. explain in detail on a separate sheet.
9.
10.
11.
12.
13
13
14.
15.
-··-····--··· Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes", explain in detail. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary?
Waiver by local ordinance? Other: Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than(>) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door-way of the Licensed LLDS/RLS.
Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than(<) 10,0000? NOTE: The distance shall be determinerl by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.
·--··-·--·---····-··-··-----·····-· "'···-··--·---------------------------. ----·------·.
a. For additional Retail Liquor Store only. Was your Retail Liquor Store License issued on or before January 1, 2016?
b, Are you a Colorado resident?
N / t\
Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership: members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee.
Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership. lease or other arrangement? lxJ Ownership D Lease D Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease:
□[X]
[X]
or □
[X] N / i\
[X]
NJA □IRl
[X]
[X] 1=1
[X]
Landlord I Tenant Expires
16.
b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16. □ --
c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls. partitions. entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1 /2" X 11 ".
Who, besides the owners listed in this application (including persons, firms. partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a sep,1rate sheet if necessary.
··--� ·--·------·-·····-·-··---···--Last Name First Name Date of Birth FEIN or SSN Interest/Percentage
Last Name First Name Date of Birth FEIN or SSN Interest/Percentage
Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including
partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement
relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation.
17.
18.
19.
Optional Premises or Hotel and Restaurant Licenses with Optional Premises: /\JI I'\Has a local ordinance or resolution authorizing optional premises been adopted?
Number of additional Optional Premise areas requested. (See license fee chart)!
. --···-----··----
[]
N/A For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4). include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit easement, or other legal permissions.
Liquor Licensed Drugstore (LLDS) applicants. answer the following: NIA a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise? □
If "yes" a copy of license must be attached.
3 Page 254
DR 8404 ( 12/29121)
Name Ty pe of License Account Number
Della To rra LLC dba Della Torra Mountain Chateau Hotel & Restaurant Cit 42-0452 1-0000
20. Club Liquor License applicants answer the following·. Attach a copy of applicable documentation 1✓ I A a. Is the applicant organization opera ted solely for a national, socia l, fra ternal, patriotic, political or athletic purpose and not for pecuniary gain?
b. Is the applicant orga nization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the
object of a patriotic or fra ternal organization or society, but not for pecuniary gain?
c. How long has the club been incorpora ted?
d. Has applicant occ upied an establisl1ment for three years (three years requi red ) that was operated solely for the rea sons stated above?
21. Brew-Pub, Distillery Pub or Vin tner's Restaurant applicants answer the fo llowing :
a. Has the applicant received or applied fo r a Federal Permit'/ (Copy of permit or application must be attached)
22. Campus Liquor Complex applicants answer the fo llowing:
a. Is the applicant an institution of higher education?
b. Is the applicant a person who con tracts w ith the institution of higher education to provide food services?
If "yes" please provide a copy of the contract with the institution of higher education to provide fo od services.
23.For all on-premises applicants.
/\II"
Yes No
[] [g] □[g]
N/A
[g]
a. Hotel and Restaurant, Lodging and Entertainment, Ta vern License and Camp us Liquor Complex, the Registered Manager must also submit an
Ind ividual History Record
-DR 8404-1 and fi ngerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, fo r details.
b. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Applicalion
-DR 8000 and fingerprints .
L,ist Narne of Manager First Name of Manager
Miller Martin
24.Does this manager act as the manager of, or have a fi nancial interest in, any other liquor licensed establishment in the State of
Colorado? If ye s. provide name. type of license ancl account number.
25. Related Facility -Campus Liquor Complex applicants answer the fo llowing:
a. Is the related facility loca ted within the boundaries of the Campus Liquor Complex'!
If yes. please provide a map of the geographical location within the Campus Liquor Complex.
If no, this license type is not available fo r issues outside the geographical location of the Campus Liquor Complex.
b. Designated Manager for Related Facility-Campus Liquor Complex
Last Name of Manager First Name of Manager
N/A N/A
Yes No □ �□�N /A
26. Ta x Information. Yes No
a. Has the applicant, including its manager, partners, officer, directors , stockholders , members (LLC), managing m embers (LLC), or any O [81 other person with a 10% or greater fi nancial interest in the applicant, been found in final order of a tax agency to be delinquent in the
payment of any state or local taxes, penalties, or interest re lated to a business?
b.Has the applicant, including its manager, partners, offi cer, directors, stockholders, members (LLC), managing members (LLC), or any O �
other person witt1 a 10% or greater fi na ncial interest in the applicant fa iled to pay any fe es or s urcharges imposed pursuant to section
44-3-503, C.R.S.?
27. If applicant Is a corpora tion. partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners,
and Managing Members. In addition, applicant must list any stockholders, partners, or members with ow nership of 10% or more in the
applicant. All persons listed below must also attach fo rm DR 8404 -1 (Individual History Record ), and make an appointment with an approved
State Ve ndor through their website. See appli cation checklist, Section IV, for detai ls.
Name Home Address, City & State
Name
Name
Name
Name
Pamela A Amelang 3501 Fall River FM , Estes Park , CO
Darell G Amelang
SandrcJ K Garcia
Martin L Miller
Audrey Miller
Home Address, City & State
350 1 Fall River Rd , Estes Park, CO
Home Address, City & State
877 CrcJbclpple Ln, Estes Park, CO
Home Address, City & State
54 12 Taylor Ln, Fort Collins, CO
Horne Address, City & Sta te
54 12 Taylor Ln, Fort Collins, CO
DOB
DOB
DOB -
" ff applicant is owned 100% by a parent company, please list the designated principal officer on above .
Position ¾Owned
Wedd ing Manager 16.67
Position ¾Owned
Maintenance Mgr. 16.67
Position ¾Owned
Accountant 16.67
Position %Owned
Bar Manager 16.67
Position ¾Owned
Inactive Member 16.66
., Corporations -the President, Vice-President, Secretary and Trea surer must be accounted for above (Include ownership percentage if applicable)
., ff total ownership percentage disclosed here does not total 100%. applicant must check this box:
[g] Applica nt affi rms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have fi nancial interest in a
prohibited liquor license pursuant lo Article 3 or 5, C.f�.S .
. 1),LC\(\f'\C-'. 5 7�,v-,pk\n'S 1l-lL/S� Al -ro,V1 '.)lc, ·D,"
'D c\ w-_ \::> o I n I-l CA
4
T {\C\<: h \J<!_.
(Y\ �-'"' b C'...., (�
Page 255
DR 8404 (12/29/21)
Name I Type of License I Account Number
Della Terra LLC dba Della Terra Mountain Chateau Hotel & Restaurant (City) 42-04521-0000
Oath Of Applicant
I declare under penalty of perjury in the second degree that t11is application and all attachments are true, correct, and complete to the best of my
knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the
Colorado Liquor or Beer Code which affect my license.
Autho�:1 /:
/�# I Printed Name and Title Date
Martin L Miller 8/7/22
Report and Approval of Local Licensing Authority (City/County)
Date application filed with local authority I Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application)
9' I 2.co 1 "7d7 7 i /'7 � l7r..-z."7'
The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has
been; D Fingerprinted D Subject to background investigation, including NCIC/CCIC check for outstanding warrants
That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with
and aware of, liquor code provisions affecting their class of license
(Check One) D Date of inspection or anticipated date D Will conduct inspection upon approval of state licensing authority □Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-Yes No
premises sales in a jurisdiction wit11 a population of> 10,0000? □ □ □Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off-□ □ premises sales in a jurisdiction with a population of< 10,0000?
NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises
for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.
D Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived □ □ from the sale of food, during the prior twelve ( 12) month period?
The foregoing application has been examined; and the premises, business to be conducted, and character of t11e applicant are satisfactory. We do
report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply
with the provisions of Title 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved.
Local Licensing Authority for !Telephone Number I D Town, City D County
Signature Print Title Date
Signature • Print Title Date
5 Page 256
DR 8495 (07/23/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
Tax Check Authorization, Waiver,
and Request to Release Information
I, Pamela A Amelang am signing this Tax Check Authorization, Waiver and Request to Release
Information (hereinafter "Waiver") on behalf of Della Terra LLC (the "Applicant/Licensee")
to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and
documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than
myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the
Applicant/Licensee.
The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the
Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation
obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application
and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq.
("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax
obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may
take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations.
The Waiver is made pursuant to section 39-21-113(4 ), C.R.S., and any other law, regulation, resolution or ordinance
concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local
taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing
authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later.
Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal
of any license, if requested.
By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local
taxing authority or agency in the possession of tax documents or information, release information and documentation to
the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's duly
authorized representative under section 39-21-113(4 ), C.R.S., solely to allow the state and local licensing authorities, and
their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/Licensee
authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to
use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the
application or license.
Name (Individual/Business)
Della Terra LLC dba Della Terra Mountain Chateau !Social Security Number/Tax Identification Nu mber
84-1674614Address
3501 Fall River Rd City
Estes Park !State co 1-H-0-n-,e-P�h_o_n _e �N -u,-,,-be-r-----------�------.
1
-=s-u--,si -ne -s-s/�W�o�rk�Phone Number
(970)566-9424 (970)586-2501Printed name of person signing on behalf of the Applicanl/Licensee
_ Pamela A Amelang Appli<(ant/o/ensee's Signp/ure (Si9q;:ilure autt1orizino/;'e disclosure_ of confidential tax information)
\ \ /',l/'\-" -I? Jlr.J-( �,V\/7 JL-u-------, .
rivacy Act Statement
I Date si9necl
80517
8/7/22
Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a
result of refusal to disclose it.§ 7 of Privacy Act, 5 uses§ 552a (note).
Page 257
Della Terra LLC
Oba Della Terra Mountain Chateau
3501 Fall River Rd.
Estes Park, CO 80517
(970) 586-2501
Liquor License #042-04521-0000
RE: LIQUOR LICENSE APPLICATION -QUESTION #14
SBA Loan #1: Loan Number 8827664010 Approx. Balance: $153,000
SBA Loan #2: Loan Number 3083496003 Approx. Balance: $662,000
Page 258
Della Terra LLC
dba Della Terra Mountain Chateau
3501 Fall River Rd
Estes Park, CO 80517 . NO HOTEL AREAS Lie.#: 042-04521-0000 ON THIS PAGE
OUTDOOR SPACES INCLUDED WITH
EVENT LIQUOR LICENCE:
OUTDOOR BAR
COVERED OUTDOOR COCKTAIL DECK
OUTDOOR COCKTAIL DECK
OUTDOOR DANCING AREA
OUTDOOR SMOKING PAT IO
DRIVEWAY/PATH TO OUTDOOR CEREMONY SITE
(WITH PERGOLA AND STADIUM SEATING)
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PERGOLA AND STADIUM SEATING
(SEE PROPERTY DRAWING)
NO HOTEL AREAS
ON THIS PAGE
OU TSIDE EVENT AREAS ARE SE PARATED
FROM LODG ING/PUBLIC GUESTS WITH
RETAINING WALLS, DRIVEWAY GATES,
RAILING/STEEP HILLSIDE, SIGNAGE AND
A GUARD DURING ALCOHOL SE RV ICE
OUTDOOR DANCING AREA
EVENT SPACES AT RECEP TION LEVEL
(OTHER EVENT AREAS ARE SHOWN ON
LEVEL 1 AND 2 DRAWINGS)
OUTDOOR
COCKTAIL DECK
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Page 259
Della Terra LLC
dba Della Terra Mountain Chateau
3501 Fall River Rd
Estes Park, CO 80517
Lie.#: 042-04521-0000 (green areas only)
-..
- I
LEVEL 1
76'-o"
Page 260
Della Terra LLC
dba Della Terra Mountain Chateau
3501 Fall River Rd
Estes Park, CO 80517
Lie.#: 042-04521-0000 (green areas only)
-.. LEVEL 2
B5'-s"
(f) >Z � ll'.
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-ii
Page 261
Della Terra LLC
dba Della Terra Mountain Chateau
3501 Fall River Rd
Estes Park, CO 80517
Lie.#: 042-04521-0000 (green areas only)
NO EVENT SPACE
ON THIS LEVEL
-1111
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LEVEL 3
Page 262
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Phone Number I Cellular---Della Terra LLC n/a
2.Your Full Name (last, first, middle)3. List any other names you have used
Amelang, Pamela Ann Miller, Pamela Ann
4.Mailing address (if different from residence)Email Address
pam@dellaterramountainchateau.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To Current
3501 Fall River Rd Estes Park, CO 80517 06/01/09 05/14/22 Previous
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
Della Terra LLC 3501 Fall River Rd, Estes Park, 80517 General Mgr. 05/01/05 05/14/22
7. List the name{s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
Darell Amelang Spouse Maintenance Mgr. Della Terra LLC
Martin & Audrey Miller Brother/Sister-in-law Bar/Guest Services Mgrs. Della Terra LLC
Sandra Garcia Sister Accountant Della Terra LLC
Deanna Tompkins Sister Passive Member Della Terra LLC
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,I&! Yes ONo furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Currently holding Tavern liquor licence 04204521�0000 for Della Terra LLC (since June 2009). Same LLC members as
listed above in 2 and 7.
9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you 0Yes �No applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Attachment 4
Page 263
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes !Zl Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a OYes �No deferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes IZl No
Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. 13a. Date of Birth lb.Social� C.Place of Birth I IZl Yes ONoGrand Junction, CO d. U.S. Citizen e.-If Naturalized, state where f.When g.Name of District Court
h.Naturalization Certificate Number i.Date of Certification j. If an Alien, Give Alien's Registration Card Number I k. Permanent Residence Card Number
I.Height Im.Weight In. Hair Color-Blond o.Eye ColorBlue IP· Gender Female I q.Do you have a current Driver's License/ID? If so, give number and state.IZJ Yes D No # ----State CO14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ n/a (see item 8 above)b.List the total amount of the personal investment, made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid.$ 472,650.00
•· If corporate investment only please skip to and complete section (d)
** Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount Cash (Equity account balance) from P&L since 2005 n/a $472,650.00
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)
Type: Cash, Services or Equipment Loans Account Type
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address n/a
Oath of Applicant l de_r�nder oenaltv of oe.!:i_urv.Jhat this a[;>vii'ication and all attachments are trueAutf\f� ( � Mt Signature
--/>A.A Pamela A Amelang
V
Bank Name Amount
Term Security Amount
correct and comolete to the best of mv knowledqe. !Title General Manager !Date 05/14/22 Page 264
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Phone Number !Cellular--Della Terra LLC n/a
2.Your Full Name (last, first, middle) 3. List any other names you have used
Amelang, Darell G
4. Mailing address (if different from residence) Email Address
damelang1@yahoo.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To
Current
3501 Fall River Rd Estes Park, CO 80517 06/01/09 05/14/22
Previous
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
Della Terra LLC 3501 Fall River Rd, Estes Park, 80517 General Mgr.05/01/05 05/14/22
7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
Pamela Amelang Spouse General Mgr.Della Terra LLC
Martin & Audrey Miller Brother/Sister-in-law · Bar/Guest Services Mgrs.Della Terra LLC
Sandra Garcia Sister Accountant Della Terra LLC
Deanna Tompkins Sister Passive Member Della Terra LLC
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,IZI Yes Nofurniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Currently holding Tavern liquor licence 04204521-0000 for Della Terra LLC (since June 2009). Same LLC members as
listed above in 2 and 7.
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes IZI Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Page 265
DR 8404-1 (03/20/19)
\
10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes [gj Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes 1:81 Nodeferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes 18JNo
Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solelv for identification ourooses. 13a. Date of Birth I b. Social Security NL1mber c.Place of Birth I -d. U.S. Citizen 18lves □Noe.If Naturalized, state where f.When g.Name of District Court
h. Naturalization Certificate Number i.Date of Certification j. If an Alien, Give Alien's Registration Card Number I k.Permanent Residence Card Number
,. Im.Weight In. Hair Color o.Eye ColorGray Ip. Gender Male I q.Do you have a curre�ID? If so, give number and state. 181 Yes D No # State CO
14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ n/a (see item 8 above)
b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purcl1ases or fees paid. $ 472,650.00
* If corporate investment only please skip to and complete section {d)** Section b should reflect the total of sections c and e
c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount
Cash (Equity account balance) from P&L since 2005 n/a $472,650.00
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)
Type: Cash, Services or Equipment Loans Account Type
e.Loan Information (Attach copies of all notes or loans)Name of Lender Address
n/a
Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true tsuun��d Sign�� � -.........� -I Print Signature Darell G Amelang
Bank Name Amount
Term Security Amount
correct and comolete to the best of mv knowledoe.
!Title Maintenance Manager !Date 05/14/22 Page 266
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1. Name of Business
Della Terra LLC
2. Your Full Name (last, first, middle)
Miller, Martin Lee
Home Phone Number
n/a
Cellular
3. List any other names you have used
II I.
4. Mailing address (if different from residence) Email Address
marty@dellaterramountainchateau.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Current
Previous
Street and Number City, State, Zip From To ,..,N\.
5412 Taylor Ln Fort Collins, CO 805.iB 11 /01 /16 05/14/22
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip)
Della Terra LLC 3501 Fall River Rd, Estes Park, 80517
Position Held
Bar Manager
From To
05/01/05 05/14/22
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Nan:ie of Licensee
Pamela & Darell Amelang Sister/Brother-in-law General Mgr./Maint. Mgr.
Audrey Miller Spouse Guest Services Mgr.
Deanna Tompkins Sister Passive Member
Sandra Garcia Sister Accountant
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,
furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Della Terra LLC
Della Terra LLC
Della Terra LLC
Della Terra LLC
IZ!Yes ONo
Currently holding Tavern liquor licence 42-04521-0000 for Della Terra LLC (since June 2009). Same LLC members as
listed above in 2 and 7.
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you
applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)OYes IZ! No
Page 267
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes IRl Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes �Nodeferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)OYes �No
Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information reauired in question #13 is solelv for identification purposes. L----I b. Social Security Number c.Place of Birth IGrand Junction d.U.S. Citizen �Yes ONoe.If Naturalized, state where f.When g.Name of District Court
h.Naturalization Certificate Number i.Date of Certification I j.If an Alien, Give Alien's Registration Card Number I k.Permanent Residence Card Number
I.Height Im.Weight In. Hair Colorl_ll Brown o.Eye ColorBrown ,p. GenderMale I q.Do you have a current Driver's License/ID? If so, give number and state.181Yes ONo # --State CO
14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ n/a (see item 8 above)
b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid.$ 472,650.00
* If corporate investment only please skip to and complete section (d)** Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)Type: Cash, Services or Equipment Account Type Bank Name Amount
Cash (Equity account balance) from P&L since 2005 n/a $472,650.00
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
e. Loan Information (Attach copies of all notes or loans)Name of Lender Address Term Security Amount
n/a
Oath of Applicant I declare under oenaltv of oeriurv-ttra:1/Jfils' annlication and all attachments are true correct and comolete to the best of mv knowledae. Authoriz d Signa,11J -� AP" I Print Signature I Title I Date /4,\;;Z---�� -Martin L Miller Bar Manager 05/14/22 Page 268
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Phone Number I Cellular---Della Terra LLC n/a 2. Your Full Name (last, first, middle}3. List any other names you have usedGarcia, Sandra Kay Miller, Sandra Kay 4. Mailing address (if different from residence) Email Address sandy@dellaterramountainchateau.com
5. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To Current 877 Crabapple Lane Estes Park, CO 80517 10/01/19 05/14/22 Previous 3501 Fall River Road Estes Park, CO 80517 06/01/09 10/01/19
6. List all employment within the last five years. Include any self-employment. (At�ach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
Della Terra LLC 3501 Fall River Rd, Estes Park, 80517 Accountant 05/01/05 05/14/22
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
Pamela & Darell Amelang Sister/Brother-in-law General Mgr./Maint. Mgr. Della Terra LLC
Martin & Audrey Miller Brother/Sister-in-law Bar/Guest Services Mgrs. Della Terra LLC
Deanna Tompkins Sister Passive Member Della Terra LLC
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,IZl Yes □No furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Currently holdin'g Tavern liquor licence 42-04521-0000 for Della Terra LLC (since June 2009). Same LLC members as listed above in 2 and 7.
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you Oves IZl No applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Page 269
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes IZI Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes [81 Nodeferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes �No
Personal and Financial Information Unless otherwise provided by law, the personal information required in question # 13 will be treated as confidential. The personalinformation required in question #13 is solely for identification purposes. 13a-I b. Social Security Number c. Place of Birth Grand Junction I d. U.S. Citizen �Yes ONo e.If Naturalized, stale where f.When g. Name of District Court
h.Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number I k. Permanent Residence Card Number
I.., m .• In. Ha;�:t o. Eye Color Hazel IP· Gender Female I q. Do you have a current Driver's License/ID? If so, give number and slate. IZJ Yes D No # Slate CO
14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ n/a (see item 8 above)
b. List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid.$ 472,650.00
* If corporate investment only please skip to and complete section (d)** Section b should reflect the total of sections c and e
c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount
Cash (Equity account balance) from P&L since 2005 n/a $472,650.00
-d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)
Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
e.Loan Information (Attach copies of all notes or loans)Name of Lender Address Term Security Amount
n/a
Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of mv knowledae. Auth'.Jzed Signature L ,._,�--- K ·•''"''r .D __ ' -I Print Signature Sandra K Garcia I Title Accountant I Date 05/14/22Page 270
i
DR 8404-1 (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you lo answer questions completely)
1. Name of Business Home Phone Number \ Cellular Number
Della Terra LLC
2. Your Full Name (last, first, middle)3.List any other names you have used
Miller, Audrey R Audrey Roper
4.Mailing address (if different from residence)Email Address
audrey@dellaterramountainchateau.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To
Current
5412 Taylor Ln Fort Collins, CO 80528 11/01/16 05/14/22
Previous
6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip)Position Held From To
Della Terra LLC 3501 Fall River Rd, Estes Park 80517 Guest Services 11/01/16 05/14/22
Group Publishing 1515 Cascade Ave, Loveland 80538 HR 07/01/13 04/15/20
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
Pamela & Darell Amelang Sister/Brother-in-law General Mgr./Maint. Mgr. Della Terra LLC
Martin Miller Spouse Bar Manager Della Terra LLC
Sandra Garcia Sister"in-law Accountant Della Terra LLC
Deanna Tompkins Sister-in-law Passive Member Della Terra LLC
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,�Yes □No furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you 0Yes �No applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Page 271
DR 8404-1 (03120/19)
10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited
bail for any offense in criminal or military court or do you have any charges pending? (If yes. explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a
deferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)
Personal and Financial Information
□Yes IX!No
0Yes �No
□Yes IZ!No
Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal
information re uired in uestion #13 is solel for identification ur oses.
13a. Date of Birth b. Social �:..::..:::..:.,:.;c.;..;. '=p;.;;1a.;;.ce'-'-.J:of"'B�irt""h;,.;;..=-=-:...----------,---------------i
-Greeley, CO d.U.S.Citizen �Yes 0No
e. If Naturalized, state where f. When g.Name of District Court
h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number
I. Height m. Weight n. Hair Color o.Eye Color
Hazel
p. Gender
Female
q.Do you have a current Driver's License/ID? If so, give number and state.
- -
Blond �Yes 0No # State CO
14.Financial Information.
a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.
$
b.List the total amount of the personal investment , made by the person listed on question #2, in this business including any
notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ _4_7_2...c_,6_5_0_.0_0 ______ _
* If corporate investment only please skip to and complete section (d)
** Section b should reflect the total of sections c and e
c. Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.
(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount
Cash (Equity account balance) from P&L since 2005 n/a $472,650.00
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a
separate sheet if needed)'
Type: Cash, Services or Equipment Loans Account Type
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address
Oath of Applicant
lication and all attachments are true Print Signature
Audrey R MIiier
Bank Name Amount
Term Security Amount
correct and com lete to the best of m knowle d e. Title Date
Guest Services Mgr. 05/14/22
Page 272
'"\ DR ��.04-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Pl1one Number I Cellular.....__ Della Terra LLC n/a 2. Your Full Name (last, first, middle)3. List any other names you have usedTompkins, Deanna Sue Miller, Deanna Sue 4.Mailing address (if different from residence)Email Address deetompkins@gmail.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To Current 24486 Alta Vista Dr Dana Point, CA 92629 04/01/22 05/14/22 Previous 12770 Elkhorn Road Broomfield, CO 80021 03/01/17 04/01/22
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
Retired n/a n/a 03/01/15 05/14/22
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
Pamela & Darell Amelang Sister/Brother-in-law General Mgr./Maint. Mgr. Della Terra LLC
Martin & Audrey Miller Brother/Sister-in-law Bar/Guest Services Mgrs. Della Terra LLC
Sandra Garcia Sister Accountant Della Terra LLC
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,!ZIYes □No furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Currently holding Tavern liquor licence 42-04521-0000 for Della Terra LLC (since June 2009). Same LLC members as listed above in 2 and 7.
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes IZI No applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Page 273
,(l Ha\'e you ever bet•n corw1cted of a cr,me or received a suspended sentence, delened sentence. or lortetted [] Yes (81 No
-··--bail fa! any otfense 111 cm111nat or n11h1a1crmn or do you have ;;1ny cllal\l':5-J.:ll!nd111q ?_ (If yes, e�pla1n 1n det<Jil.)
11. Are you
c
u
r
r
e
n
t
l
y
under probalion (supervised or unsuperv,sud), pmolo, or complot1n{-1 ltrn requirements of a D Yes !Bl No deferred sentence? {If yes. e�plain in dotail.L__ -··-· -·-------·-·· ···--·-·-·�·-··----·-------------t
12.Have you ever had any professional hcense suspended, revoked, or dentecl7 (II yes. explmn m rJetall.)0 Yes � No
Personal and Financial Information
Unless otherwise provided by law. the personal mlormallon required in question /113 will bo treated as conhdential. 1ho personal
rnfornialion reou1red in uestron t;13 Is solel for 1denliflcalion ur oses.
Grand Junction d. U.S. Citizen �Yos 0No
e.
I
I
Naturahze<I. state where I. When g. Name of District Court
h Naturahzalton Cer11ficate Number i. Date of Cert1ficahon j. II an N1en, Give Alien's Regislration Card Number k. Permanent Resirlenco Card Number
14. Financial Information.
· a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.s n/a (see item 8 above)
·· b. List the total amount of the personal investment, made by the person listed on question #2, in this business including any
··.. . notes, loans, cash. services or equipment, operating capital, stock purchases or fees paid. S -'4-'-7..::2:.!.,6..:..5..:..0..:..c..:.Oc...O:........ ______ _
• If corporate investment only please skip to and complete section (d)•• Section b should reflect the total of sections c and e
c,prov1de details of the personal investment described in 14b. You must account for all of the sources of this investment.
(Attach a separate sheet if needed)
Type: Cash, Se,vices or Equipment Account Type Bank Name
Cash (Equity account balance) from P&L since 2005 n/a
Amount
$472,650.00
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a
separate sheet if needed)
Type: Cash, Seivices or Equipment Loans Account Type Bank Name Amount
e.Loan Information (Attach copies of allnoi�s. or loans)
.. ,.,Address Term Security Amount
nla
correct and com lete to the best or m Tille
Member (pass iv�)
Page 274
---l�--® TOWNorESTESPARI'-
September 12, 2022
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 80517
Dear Ms. Williamson:
RE: Della Terra DBA Della Te1rn Mountain Chateau
Amelang, Pamela Ann
Amelang, Darell G.
Garcia, Sandra K.
Miller, Mat1in Lee
Miller, Audrey Rae
Tompkins, Deanna Sue
A check of the Estes Park Police Department local records on the above business
and individual was conducted. The system rep01ts date back to possibly October
of 2004 or more recently when our system upgraded in December 2020.
Unfortunately, there is limited information in the update. There are no repo1ts
involving the individual in the system.
� Corey P. Pass
Interim Chief of Police, Estes Park Police Department
170 MACGREGOR AVE. P.O. BOX 1287 ESTES PARK, CO 80517 www .estes.org
Police Department
Corey P. Pass, Interim Chief of Police
970-586-4000
www.estes.org/pd
Attachment 5
Page 275
Page 276
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1. MAYOR.
The next order of business will be the public hearing on ACTION ITEM 4.
Ordinance 16-22 Amending the Estes Park Municipal and Development
Codes Regarding Virtual Meetings.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the item.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT.
Review the staff report.
3. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
item. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the item which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the item.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
Page 277
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
Page 278
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: September 27, 2022
RE: Ordinance 16-22 Amending the Estes Park Municipal and Development
Codes Regarding Virtual Meetings
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: _____________
QUASI-JUDICIAL YES NO
Objective:
Town Board consideration of an amendment to the Estes Park Municipal and
Development Codes to provide for the ability for the Town Board to meet virtually in the
case of a qualifying event.
Present Situation:
On March 19, 2020, I declared a local disaster emergency for the purpose of
responding to COVID-19. On March 24, 2020, the Town Board consented to the
continuation of the declaration of the local disaster emergency until the declaration was
rescinded (Resolution 20-20). This declaration of a local disaster emergency remains in
place and I have issued 11 Emergency Orders since March 19, 2020 (these orders can
be found at estes.org/COVID19Partners).
The local disaster emergency declaration is still in place in order to enable the Town
Board to return to virtual meetings (including quasi-judicial meetings) if the COVID-19
case rate for Larimer County climbs to the point at which the Board is no longer
comfortable holding in-person meetings. The Town last used this ability in January of
2022 due to a surge in COVID-19 cases. It is conceivable that the Town Board will want
to meet virtually in the future in the event that the COVID-19 case rate increases
dramatically, but continuing to operate under a declared disaster emergency solely for
the purpose of retaining the ability to meet virtually is not ideal.
While the Town has made effective use of virtual meetings in response to the public
health emergency posed by COVID-19, the Town Board also has a long-standing
commitment to meeting in person to discuss public business. Previous conversations
with the Board about allowing Town Board members to participate virtually at Board
meetings concluded with a rejection of the concept.
Page 279
The intent of the proposed ordinance is to reconcile these two different but compatible
approaches to virtual meetings in a way that does not require the continuation of the
local disaster emergency declaration in perpetuity.
While Larimer County is currently in the “Low” category of the CDC’s COVID-19
Community Level, it is important to note that COVID-19 is still present in our community
and is still dangerous (of the 19 Town residents who have died from COVID-19, five
have died in 2022). Residents are protected best from severe illness and death from
COVID-19 when they stay up-to-date with their COVID-19 vaccines, which includes
getting all recommended boosters when eligible.
Proposal:
The proposed ordinance amends the Town’s Municipal and Development Codes to
permit the use of virtual meetings when there is a qualifying event. The amendment
defines a qualifying event as “…a current declared disaster or emergency affecting the
Town, or a period of elevated threat to public health due to COVID-19 so as to cause an
undue risk to in-person meeting participants as determined by the Mayor or the Town
Administrator and communicated to the public in the published agenda for the virtual
meeting.”
Action Recommended:
Staff recommends approval of Ordinance 16-22.
Finance/Resource Impact:
None.
Level of Public Interest
Medium
Sample Motion:
I move to approval/deny Ordinance 16-22.
Attachments:
1. Ordinance 16-22
Page 280
ORDINANCE NO. 16-22
AN ORDINANCE AMENDING THE ESTES PARK MUNICIPAL AND
DEVELOPMENT CODES REGARDING VIRTUAL MEETINGS
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal and Development Codes of the Town of Estes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Ellipses in this ordinance indicate material not reproduced as the
Board intends to leave that material in effect as it now reads.
Section 2: Section 2.04.045 of the Estes Park Municipal Code is hereby amended,
by adding underlined material and deleting stricken material, to read as follows:
2.04.045 - Emergency meetings.
. . .
(b)Virtual Meetings. In the event a quorum of the Board of Trustees is unable to
meet because meeting in person is not practical or prudent due to a declared disaster or
emergency affecting the Town qualifying event, meetings and quasi-judicial public
hearings may be conducted by telephone, electronically, or by other means of
communication so as to provide maximum practical openness to the public given the
Town’s technological means, if all of the following conditions are met:
(1)The Town Administrator or the Mayor determines that meeting in person is not
practical or prudent, because of a qualifying event declared disaster or emergency
affecting the Town;
(2)All members of the Board of Trustees can hear one another or otherwise
communicate with one another and can hear or read all discussion and testimony in a
manner designed to provide maximum notice and participation;
(3)Members of the public present at the regular meeting location can hear or read
all discussion, testimony and votes, unless that is not practical, in the determination of the
Town Administrator, due to the qualifying eventdisaster or emergency, in which case the
Town Administrator shall ensure that the meeting is as open as practicable to the public
through other means;
(4)At least one (1) member of the Board of Trustees is present at the regular
meeting location, unless not practicable due to the qualifying event pandemic or other
disaster or emergency;
(5)All votes are conducted by roll call;
(6)The meeting is recorded, or minutes of the meeting are taken, and the recording
or a draft of the minutes is made available to the public as quickly as practicable; and
(7)To the extent possible, full and timely notice is given to the public setting forth
the time of the meeting, the fact that some members of the Board of Trustees may
participate remotely, and the right of the public to monitor the meeting from another
location; provided that these requirements are subject to subsection (a), above, if the
virtual meeting is also an emergency meeting.
(c)Qualifying event. For the purposes of this section, a “qualifying event” is a
current declared disaster or emergency affecting the Town, or a period of elevated threat
Attachment 1
Page 281
to public health due to COVID-19 so as to cause an undue risk to in-person meeting
participants as determined by the Mayor or the Town Administrator and communicated to
the public in the published agenda for the virtual meeting.
Section 3: Section 3.1 of the Estes Park Development Code is hereby amended,
by adding underlined material and deleting stricken material, to read as follows:
§ 3.1 - General Provisions
. . .
D. Required Times for Action and Inaction.
. . .
5. Suspension of Time Periods for Review in Emergencies. Whenever the
provisions of this Section or this code require that reviewers or the Decision-Making Body
take action on an application within a specified period of time, any declaration of
emergency or disaster under §2.28.030 of the Estes Park Municipal Code shall have the
effect of nullifying and suspending any and all effects of the specified time periods or
deadlines for pending applications until the declaration has terminated. Such time periods
shall restart upon the termination of the declaration. If the relevant time period relates to
a deadline for holding a public hearing, and the Town Administrator determines that a
remote or virtual public hearing may be held in a practical, lawful, and effective manner,
the applicant may choose, in writing, to proceed with such a remote or virtual public
hearing or to delay the public hearing until the Town determines that an in-person public
hearing may safely be held. Without limitation, this paragraph specifically applies to the
thirty-day deadline in §3.2(F)(1). The Town may schedule a public hearing to occur
virtually during an emergency.
. . .
Section 4: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2022.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of , 2022 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2022, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 282
TOWN ADMINISTRATOR’S
OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Assistant Town Administrator
Date: September 27, 2022
RE: Approve Framework for Expenditure of Potential Lodging Tax Revenues
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Receive Town Board approval of the proposed framework regarding expenditure of
potential lodging tax revenues to address workforce housing and childcare needs in the
Estes Valley in the event of a successful ballot initiative in November.
Present Situation:
House Bill 22-1117, enacted by the State in March 2022, permits the use of lodging tax
revenue collected by a local marketing district to address local issues related to
workforce housing and childcare. It is up to voters in the local marketing district to
decide whether to authorize the use of lodging tax revenue for these purposes. In light
of significant challenges in the Estes Valley related to the lack of workforce and
attainable housing and options for childcare, Visit Estes Park convened a “Lodging Tax
Exploration Task Force” charged with, simply put, developing recommendations for the
Visit Estes Park Board regarding a potential ballot initiative.
After taking into consideration the recommendations of the Task Force, discussions with
community members, and the findings from a significant amount of research, the Visit
Estes Park Board of Directors recommended the following:
• To pursue a 3.5% increase over the current lodging tax by administering a ballot
initiative for the voters of the marketing district in November 2022.
• To use funds for both workforce housing and childcare.
• Funds should be administered by the Town of Estes Park.
• Additionally, the Board acknowledges that the Town of Estes Park is in the process of
developing a strategic plan as part of the 2022 housing needs assessment and supports
their intent to use it to build a plan for the use of these funds.
Page 283
At a special joint meeting held on August 1, 2022, the Visit Estes Park Board, Town of
Estes Park Board of Trustees, and Larimer County Board of Commissioners indicated
agreement on and approved these recommendations. The Boards confirmed that the
Town of Estes Park would be responsible for:
• Administration of funds received through the potential new revenue stream.
• Development of an initial framework for how funds collected would be used.
• Prioritization of projects based on community needs and opportunities as they arise.
The Town Board discussed the proposed framework at a Study Session held on
September 13, 2022 and requested that the item be brought back for approval at a
regular Town Board meeting.
Proposal:
Staff proposes that the Town Board approve the framework. If approved, staff will begin
preparing for implementation of the framework.
Advantages:
House Bill 22-1117 provides an unprecedented opportunity to create a new revenue
source dedicated to mitigating the significant workforce housing and childcare issues
faced by workers in the Estes Valley.
Disadvantages:
Increased lodging tax.
Action Recommended:
What do you need to move forward? What are the time parameters? Who must approve
the project - or give the go-ahead and how should notice be given? The very next step
to implement.
Finance/Resource Impact:
To be determined
Level of Public Interest
High
Sample Motion:
I move for the approval/denial of the Proposed Framework: Expenditures of Local
Marketing District Funds for Workforce Housing and Childcare
Attachments:
1. Proposed Framework: Expenditures of Local Marketing District Funds for
Workforce Housing and Childcare
Page 284
A Proposed Framework:
Expenditures of Local Marketing District Funds for
Workforce Housing and Childcare
Town of Estes Park
September 2022
Attachment 1
Page 285
Introduction
House Bill 22-1117, enacted by the State in March 2022, permits the use of lodging tax revenue
collected by a local marketing district to address local issues related to workforce housing and childcare.
It is up to voters in the local marketing district to decide whether to authorize the use of lodging tax
revenue for these purposes. In light of significant challenges in the Estes Valley related to the lack of
workforce and attainable housing and options for childcare, Visit Estes Park convened a “Lodging Tax
Exploration Task Force” charged with, simply put, developing recommendations for the Visit Estes Park
Board regarding a potential ballot initiative.
After taking into consideration the recommendations of the Task Force, discussions with community
members, and the findings from a significant amount of research, the Visit Estes Park Board of Directors
recommended the following:
● To pursue a 3.5% increase over the current lodging tax by administering a ballot initiative for the
voters of the marketing district in November 2022.
● To use funds for both workforce housing and childcare.
● Funds should be administered by the Town of Estes Park.
● Additionally, the Board acknowledges that the Town of Estes Park is in the process of developing
a strategic plan as part of the 2022 housing needs assessment and supports their intent to use it
to build a plan for the use of these funds.
At a special joint meeting held on August 1, 2022, the Visit Estes Park Board, Town of Estes Park Board of
Trustees, and Larimer County Board of Commissioners indicated agreement on and approved these
recommendations. The Boards confirmed that the Town of Estes Park would be responsible for:
● Administration of funds received through the potential new revenue stream.
● Development of an initial framework for how funds collected would be used.
● Prioritization of projects based on community needs and opportunities as they arise.
To that end, the Town offers the following “framework,” developed in collaboration with partners from
the Estes Park Housing Authority (EPHA), the EVICS Family Resource Center, and input from several
other interest parties and stakeholders in the community.
It is important to note that the proposed framework is based on the assumption that a local marketing
district ballot initiative is successful and that funds can be used to address both workforce housing and
childcare. Estimated costs listed with each strategy are, at best, rough guesses if such strategies were
implemented.
Foundational Documents
Several existing resources were used to inform development of this framework, including:
● Colorado General Assembly House Bill 22-1117: Use of Local Lodging Tax Revenue (2022)
● Recommendations on the Outcome of the Lodging Tax Exploration Task Force (2022)
● Workforce Housing and Childcare Ad-Hoc Task Force Final Report (2019)
● Childcare Needs Assessment (2018)
● Housing Needs Assessment (2016)
Page 286
How Would Funds be Spent?
A 3.5% increase in the lodging tax would equate to approximately $5,000,000 annually, based on
estimates provided by Visit Estes Park. Needless to say, this unprecedented revenue source could
present a range of new opportunities to address workforce housing and childcare challenges in the Estes
Valley. While there is potential for this money to accumulate over the years, it could also be spent very
quickly in light of the great need in the community and the high costs for property, construction, and
other such expenditures.
The sections below provide a framework of strategies that could be implemented using lodging tax
revenues to meet workforce housing and childcare needs, respectively. While we would want the ability
to be nimble with a portion of the funds in order to capitalize on property acquisition opportunities as
they arise, we also need to move quickly on implementing strategies that promote retention of existing
local workers and recruitment of new ones. If a ballot initiative is successful, the first year would entail
formalizing partnerships, prioritizing strategies, creating new programs, hiring new staff to administer
programs and coordinate with partnering organizations (and possibly consultants with expertise in
development of relevant programs), and beginning to utilize funds as they become available to
implement strategies.
Similar to the caveat in the previous section, it is important to note here that the strategies outlined in
this framework are examples of how funds could be spent and that the summaries following each
strategy are simply meant to provide further explanation about the strategy. Each would need to be
fleshed out as programs and formal implementation plans are developed.
Workforce Housing
The 2016 Housing Needs Assessment concluded that between 1,480 and 1,690 housing units were
needed to address workforce housing shortages in the Estes Valley. In order to meet this need, which
only seems to be growing more urgent, we must plan for and implement a mix of strategies that
includes new construction and conversion of existing housing in the valley that is not currently occupied
by residents in the local workforce.
With financial assistance from the Colorado Department of Local Affairs (DOLA), the Town is currently
working with a consultant to conduct a new Housing Needs Assessment and Strategic Plan. The study is
expected to conclude in November 2022, at which point the results and report will be provided to the
Town. We acknowledge that the proposed framework and strategies outlined below may need to be
reassessed depending on new information gleaned. However, it has long been clear that there is a need
to address a range of affordability, to create a variety of unit types, and to provide opportunities for
renters, those interested in purchasing homes, and the seasonal workforce.
While further details on each are provided below, the following is a summary of strategies that a
dedicated source of revenues for workforce housing would enable us to hone and implement. As further
outlined in the section on administration of funds, creation and implementation of new programs would
likely require additional staff positions within the Town and/or partnering agencies. In no particular
order, strategies to address the shortage in workforce housing in the Estes Valley include:
Page 287
1. Property Acquisition
o Purchase/preservation of existing housing units
o Purchase of other properties, such as accommodations establishments, that could be
rehabbed and converted into housing units
o Land-banking
2. New Construction
o Through partnerships with developers (including the Estes Park Housing Authority)
o Incentives such as use of publicly-owned property, density bonuses, fee waivers,
amortization of tap fees, and other subsidies
3. Incentives to Construct Accessory Dwelling Units (ADU)
o Direct Subsidies or Revolving Loan Fund
4. Incentives for Deed Restrictions
5. Assistance for Home Purchases
o Down payment assistance or “cash-buyer” program
6. Rental Assistance
o Subsidies to tenants and/or landlords
7. Subsidies for Conversion of Short-Term Rentals to Long-Term Rentals
8. Employer Assistance Programs
9. Development Code Amendments to Allow/Encourage Density
Property Acquisition
● Summary: Perhaps the most obvious strategy to address the shortage of workforce housing is to
buy existing structures that could only be used to house the local workforce. This could be
apartment complexes or other multi-family residences, single-family homes, hotels/motels that
could be converted into units for the workforce, or other such properties as they become
available. In addition to existing structures, land where workforce housing could be developed in
future could be purchased for “land-banking” as it becomes available. Given the geographical
location of the Estes Valley and the need for so many units, the acquisition of developable (or
redevelopable) land is one of the most critical strategies for addressing the challenges we face.
Depending on costs and available funds, purchases could be made with cash or through other
financing mechanisms (including bonding, issuance of Certificates of Participation, a revolving
loan fund, proceeds from disposition of other property, etc.). The Town could purchase property
directly or provide funding to other entities, such as the EPHA, in order to acquire property for
workforce housing.
● Estimated Costs in first 5 Years: $10,000,000+
New Construction
● Summary: Partner with developers – whether from the private or non-profit sector (including
the Estes Park Housing Authority) – to construct new workforce housing in the Estes Valley.
Town-owned property could be leveraged for this purpose. Other incentives could include direct
financial contributions/assistance, density bonuses, fee waivers associated with the
development review process, tap fee amortization, and/or other subsidies to cover costs for
building permit services and the like.
Page 288
● Estimated Costs in first 5 Years: $5,000,000+
Incentives to Construct Accessory Dwelling Units (ADUs)
● Summary: Create an incentive program to encourage the construction of ADUs to house
members of the local workforce. This could be through direct subsidies or a revolving loan
program. Such a program would provide an existing eligible property owner with cash or a low-
interest loan for the construction or conversion of an existing space to an Accessory Dwelling
Unit on the owner’s property, where permitted. In exchange, the owner would lease the ADU to
an eligible household. Limits could be placed on the amount of rent charged, depending on how
the agreement was structured. The agreements would be in the form of a restrictive covenant.
● Estimated Costs in first 5 Years: ~$1,000,000; depends on the number of ADUs
constructed/converted and whether there is a preference for direct subsidies, loans, or a
combination of the two.
Incentives for Deed Restrictions
● Summary: Create an incentive program to encourage prospective local buyers of homes to place
price-capped restrictions and/or workforce restrictions on their homes in exchange for cash.
Capping prices for resale (pegged to some measure of affordability) would help keep housing
more attainable from an affordability standpoint, while deeds requiring a housing unit that is
resold be sold to a member of the local workforce would ensure that it remains housing for local
workers. Eligibility would be based on income and/or net worth of the buyer.
● Estimated Costs in first 5 Years: ~$2,500,000; depends on the number and cost of deed
restrictions
Assistance for Home Purchases (down payment assistance or “cash-buyer” program)
● Summary: Existing down payment assistance programs offered through the Estes Park Housing
Authority and Larimer County could be bolstered and better funded. In addition to down
payment assistance, a “cash-buyer” program could be created that supports buyers in the local
workforce who desire to participate in the real estate market but have difficulty competing with
cash buyers who are typically more agile, can offer a higher purchase price, and can close more
quickly because there is no financing contingency. This program would allow the Town or Estes
Park Housing Authority to act as a cash buyer on behalf of an eligible household or in its own
interest to acquire a property, which may then be resold to the eligible household. In exchange,
the Town or EPHA would record a price-capped (appreciation cap and/or AMI limit) and/or
workforce deed restriction on the property, which will preserve the property for future local
housing.
● Estimated Costs in first 5 Years: ~$2,500,000
Rental Assistance (subsides to tenants and/or landlords)
● Summary: Create a fund for rental/lease assistance for members of the local workforce who
sign a new 12-month lease in the Estes Valley based on predetermined eligibility criteria.
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Assistance could be provided throughout the term of a lease or at the outset, which would
increase the viability of obtaining a local long-term rental by assisting with up-front costs.
Another approach to providing rental assistance could be to “buy down” rents through direct
subsidies to landlords.
● Estimated Costs in first 5 Years: ~$400,000
Subsidies for Conversion of Short-Term Rentals to Long-Term Rentals
● Summary: Often referred to as “lease-to-locals,” a program could be established where
incentives in the form of direct subsidies could be provided to owners of short-term rentals to
convert their housing units to long-term rentals (or even seasonal rentals) for members of the
local workforce. The amount of the subsidy would increase with the number of bedrooms
offered in the housing units. Summit County recently implemented a “lease to locals” program
that could serve as a model for our purposes. Additionally, subsidies could be provided when
there is a need to rehab existing houses in order to make improvements necessary to increase
the number of bedrooms in a unit being converted to a long-term rental.
● Estimated Costs in first 5 Years: ~$300,000; depends on the number of units that would agree
to convert from short- to long-term rentals and the amount of the subsidies.
Employer Assistance Program
● Summary: Create a program to provide assistance in the form of subsidies to local employers
who house members of the workforce, including seasonal employees, locally.
● Estimated Costs in first 5 Years: ~200,000
Development Code Amendments to Allow/Encourage Density
● Summary: Although lodging tax revenues may not be needed to address this strategy, it is still
worth mentioning that consideration of amendments to the Development Code could lead to
more housing when it comes to increased density and infill developments.
● Estimated Costs in first 5 Years: Staff time associated with processes required to amend the
development codes pertaining to the local marketing district.
Page 290
Childcare
The June 2019 Final Report of the Workforce Housing and Childcare Task Force, informed by a 2018
Estes Valley Childcare Needs Assessment, states that “the lack of availability of infant and toddler care in
the Estes Valley is at a crisis level and has been getting worse for several years.”
Census data shows that the population of Estes Park has aged significantly since 2010: the median age in
2010 was 50.9, and in 2020 it was 62.1. While the population grew slightly over that period of time,
these figures suggest that young people are leaving Estes Park and/or choosing not to come here.
Anecdotal evidence gleaned through various surveys, including a 2019 Youth in Action survey, clearly
shows that the lack of childcare is a major consideration for young people when deciding to either move
to or leave the Estes Valley.
Key findings from a more recent report by the Common Sense Institute, “The Growing Strain on the
Child Care Business Model: Economic Impacts and Opportunities for Improving Affordability and
Access,” indicate that in Colorado:
● The “Childcare gap” is growing (about 38% of children in Colorado need childcare but families
cannot reasonably access it)
● Childcare providers are struggling to get started and stay open
● Families that can access childcare are paying more than double what is deemed “affordable”
● The high cost of childcare is impacting the workforce
● Operational and regulatory reform are needed
With respect to Larimer County and the Estes Valley more specifically:
● There are currently only 4 licensed infant slots in Estes Park.
● According to the Early Childhood Council of Larimer County, 75% of Larimer County families
cannot find infant care.
● According to the Early Childhood Council of Larimer County, 40% of Larimer County families
with preschoolers cannot find care.
● Young people in Estes Park (Youth in Action survey 2019) don’t have the expectation of being
able to stay here, get a good job, and raise a family.
● Young people planning to begin a family find no early care options and decide to move down
into the valley to start their family.
● In Estes Park, all sectors have experienced loss of employees directly due to inability to find
early care in our community. This includes the school district, hospital/clinic, Town of Estes
Park, retail, and lodging.
● 10% of Colorado residents quit or don’t take jobs because of childcare challenges. During the
pandemic, this challenge was heightened and families in Larimer County reduced their work by
42% due to lack of childcare.
It is very clear that affordability and access to childcare are significant issues across all of Colorado.
Because of our geographical location, the issues seem to be even more dire in the Estes Valley.
In light of the varied challenges faced by families in need of childcare and providers struggling to start a
business and stay open, there are three areas where funding from the lodging tax revenues could help
Page 291
turn the tide. Providers of childcare may need assistance with all three in order to start or remain in
business. They include:
1. Facilities/Capital
2. Addressing Workforce Challenges
3. Tuition Assistance/Scholarships
A comprehensive childcare program would need to be developed that includes the process for awarding
funds, determining eligibility and how eligibility is verified on a regular basis, regularly ensuring
accountability on the part of providers, etc. Development and implementation of such a program would
almost certainly require additional staff.
Facilities/Capital
● Summary: Needless to say, childcare providers require adequate and safe space in order to
operate their businesses. Especially for licensed facilities, and depending on the number of
spaces available and the ages of the children, there are standards that must be met related to
things like the number and size of rooms, how the rooms are used (free play, sleeping, preparing
and eating food), and the number of bathrooms and toilets, etc. Costs to purchase or rent
facilities for childcare can be a huge barrier for providers to start or stay in business. While it is
unclear exactly how great the need for space is in the Estes Valley, it is believed that there is
currently not enough space to meet current demand, at least not for spaces in licensed facilities
and especially not for infants. With respect to facilities/capital, lodging tax revenues could be
used in the following ways:
o Purchase land or existing building(s) to be used for childcare and offer to provider at
affordable rate.
o Provide financial assistance to childcare provider wishing to purchase a facility for
childcare, whether as a direct subsidy or through a low interest loan.
o Provide rental assistance for providers.
o Provide funding for capital improvements to existing facilities needed in order to open
or to maintain or increase capacity.
● Estimated Costs in first 5 Years: $1,000,000+
Addressing Workforce Challenges
● Summary: While it is often believed that “if you build it, they will come” – which may have been
true in the past – it is now clear that even with low-cost (or even free) space, providers are
finding it increasingly challenging to recruit and retain staff at childcare facilities. Case in point:
in 2022, a local childcare provider utilizing a facility with spaces for up to 40 children free of
charge was unable to stay in operation because they could not successfully hire and retain staff.
At an average of $13-15 per hour, wages in the childcare industry are low compared to other
industries, one of the main difficulties with recruitment and retention. Providers can only charge
as much as people can afford to pay, which results in a vicious cycle when it comes to
affordability for parents and the amount of revenues providers are able to bring in to operate
Page 292
and retain staff. Often, childcare providers are unable to afford to provide staff with health
insurance, paid leave, and other such benefits.
With respect to workforce challenges, lodging tax revenues could be used in the following ways:
o Subsidies to providers based on the number of spaces provided and/or number of staff
to encourage them to start or stay in business in the Estes Valley, including for out-of-
school time programs.
o Subsidies to providers to help bridge the gap between what they are able to afford to
pay staff and what is deemed (when a program is developed) to be a reasonable, living
wage.
o Subsidies to help pay or offset costs for benefits such as healthcare and paid leave.
o Assistance with costs associated with licensing and/or staff training.
o Assistance with costs associated with housing staff.
o Assistance with costs associated with transportation needs of staff and/or children.
By accepting funds, providers would be required to demonstrate how the funds are being used
to address workforce challenges. The Town would dictate these requirements, likely to include a
minimum salary or wages for staff and a minimum number of spaces provided. Requirements
would formally be agreed to by the providers.
● Estimated Costs in first 5 Years: ~$750,000
Tuition Assistance/Scholarships
● Summary: The US Department of Health and Human Services considers childcare affordable if it
costs no more than 7% of a household’s income. Colorado families spend, on average, about
18% of their annual household income on childcare. And that is just for those who are able to
overcome challenges with accessibility. Many parents simply cannot afford to put their children
in childcare, which has significant negative impacts on the workforce and economy.
While there are a variety of long-standing programs that provide tuition assistance and
scholarships for parents and children in Larimer County, these programs are often underfunded
and cannot keep up with demand. Local partner, EVICS Family Resource Center, has a well-
managed tuition assistance (“scholarship”) program, requiring verification of eligibility every
three-months, but the organization often struggles to raise adequate funding for the program to
meet the need in the community. The Town could create its own program or partner with EVICS
and/or others with established tuition assistance programs to provide funds to help bridge the
affordability gap.
● Estimated Costs in first 5 Years: ~$150,000
Page 293
Overview of Administration and Governance of Lodging Tax Funds for Workforce Housing and
Childcare
While the local marketing district, Visit Estes Park, would be the recipient of all lodging tax revenues, the
organization’s Board of Directors indicated its primary desire was to levy the tax and aggregate funds
earmarked for workforce housing and childcare, but not serve as the administrator of funds. At the
August 1 joint meeting of the Boards of Visit Estes Park, the Town of Estes Park, and Larimer County, the
group determined that the Town should administer the funds. The Town indicated its willingness to
serve in this capacity in the event of a successful ballot initiative.
Administration of the funds would entail receiving the tax revenue from Visit Estes Park, creating and
implementing programs and strategies to address workforce housing and childcare challenges, and
accounting for the expenditure and utilization of funds. Programs and services could be offered directly
through the Town but the Town would also likely serve as a pass-through and oversight organization for
funds going to partnering organizations in the community that have their own programs to address
workforce housing and/or childcare.
This is not to say that the Town would be making all decisions unilaterally. While it would be tedious and
unnecessary for multiple entities to review and approve individual expenditures or fund disbursements,
there will need to be agreement between the Town and County on higher-level decisions. To that end,
the Town proposes a governance structure involving the Town and County where the Town prepares a
brief plan on an annual basis that includes an estimate of expected lodging tax revenues (consistent with
Visit Estes Park’s Operating Plan), the proportion that would go toward workforce housing vis-à-vis
childcare, and the amount of funds to be budgeted as expenditures associated with strategies as
outlined above (to the extent that funds are allocated for specific strategies). The Town Board and Board
of County Commissioners would agree to and affirm the plan on an annual basis. This structure could be
agreed to through an amendment to our existing Intergovernmental Agreement. Other items for
discussion and consideration may include:
• Definition of Workforce Housing.
• Eligibility parameters for end recipients of funds.
• Parameters for fund disbursement to partnering agencies.
• Funding required in order to administer programs.
o New staff would likely be needed within the Town and possibly within partnering
organizations.
o Partnering organizations may require an administration fee to administer certain
programs.
Conclusion
It is very clear that shortages in workforce housing and the lack of access to childcare, especially
affordable childcare, are significant issues in the Estes Valley. Unless addressed in short order, the issues
are likely to have increasingly negative impacts on the economy and quality of life for residents. House
Bill 22-1117 enables a never-before-seen revenue stream that could help reverse the negative trends we
are seeing with respect to recruitment and retention of staff in just about every industry. As outlined in
this document, there is no shortage of strategies that we can implement to create more housing for the
Page 294
local workforce and more opportunities for parents to find quality, affordable childcare. Now we just
need the funds to do so.
Page 295
Page 296
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: September 27, 2022
RE: Interview Committee for the Family Advisory Board
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Committee
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for vacancies on the
Family Advisory Board.
Present Situation:
The Family Advisory Board consists of seven to ten-members and the board currently
has two vacancies. The Town Clerk’s Office has advertised the opening and has
received no applications as of the date of this memo.
Proposal:
Policy 101 Section 6 states all applicants for Town Committees/Boards are to be
interviewed by the Town Board, or its designee. Any designee will be appointed by the
Town Board. Therefore, two members of the Board would interview all interested
applicants for the board positions.
Advantages:
To move the process forward and allow interviews to be conducted of interested
applicants.
Disadvantages:
None.
Action Recommended:
To appoint two Trustees to the interview committee.
Finance/Resource Impact:
None.
Page 297
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to
the Family Advisory Board interview committee.
Attachments:
None.
Page 298
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: September 27, 2022
RE: Interview Committee for the Estes Park Planning Commission
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Committee
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for vacancies on the Estes
Park Planning Commission.
Present Situation:
The Estes Park Planning Commission consists of five-members and the Commission
currently has one vacancy. The Town Clerk’s Office has advertised the opening and has
received one application as of the date of this memo.
Proposal:
Policy 101 Section 6 states all applicants for Town Committees/Boards are to be
interviewed by the Town Board, or its designee. Any designee will be appointed by the
Town Board. Therefore, two members of the Board would interview all interested
applicants for the commission positions.
Advantages:
To move the process forward and allow interviews to be conducted of interested
applicants.
Disadvantages:
None.
Action Recommended:
To appoint two Trustees to the interview committee.
Finance/Resource Impact:
None.
Page 299
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to
the Estes Park Planning Commission interview committee.
Attachments:
None.
Page 300
TOWN BOARD MEETING
September 27, 2022
Request to Amend the Agenda to Include:
ACTION ITEM: Approving a Letter of Intent to
Meet Conditions and a Request for Obligation of
Funds from the United States Department of
Agriculture for Grant Funding and Loan Financing
to Support the Reconstruction of the Former
Prospect Mountain Water Distribution System of
the Former Prospect Mountain Water Company.
Item to be presented by Manager Wesley.
Page 301
USDA is an equal opportunity provider, employer, and lender.
Rural Development
Colorado State Office
Denver Federal Center
P.O. Box 25426
Denver, CO 80225
Voice: 800-424-6214
Fax: 866-587-7607
September 27, 2022
Town of Estes Park acting by and through the Water Activity Enterprise
Wendy Koenig
PO Box 1200
Estes Park, CO 80517
SUBJECT: Amendment to the Amended Letter of Conditions dated April 16,
2021
Project Name: Prospect Mountain Water Company – Cost Overrun
Water Application
CFDA NUMBER – 10.760
RUS Loan #01: $4,493,000
RUS Grant #02: $6,547,000
RUS Grant #03 $3,988,000
Applicant: $245,000
DOLA: $25,000
If you agree to meet the conditions set forth in this letter and desire further
consideration be given to your application, please complete and return the
following forms within 30 days:
Form RD 1942-46, “Letter of Intent to Meet Conditions”
Form RD 1940-1, “Request for Obligation of Funds”
RUS Bulletin 1780-12, “Water and Waste System Grant Agreement”
The loan/grant will be considered approved on the date Form RD 1940-1, “Request
for Obligation of Funds,” is signed by the approving official. Thus, this letter in
itself does not constitute loan and/or grant approval, nor does it ensure that funds
are or will be available for the project. When funds are available, the Form 1940-1
will be provided to you for your signature. After you sign and return the form to
the Agency, the request will be processed and loan/grant funds will be approved
and obligated.
Extra copies of this letter are being provided for use by your engineer, attorney,
bond counsel and accountant. All parties may access information and regulations
referenced in this letter at our website located at www.rd.usda.gov.
The conditions are as follows:
Attachment 1
Page 302
Prospect Mountain Water Company Project – Letter of Conditions 2
SECTION I - PROJECT DETAIL
1. Project Description – Funds will be used to upgrade the PMWC water distribution
system to meet the Town of Estes Park standards. The system improvements will allow for
disinfection and adequate fire flow throughout the Prospect Mountain service area. As a result,
the Town of Estes Park will take ownership and operation of the system.
Facilities will be designed and constructed in accordance with sound engineering practices and
must meet the requirements of Federal, State, and local agencies. The proposed facility design
must be based on the Preliminary Engineering Report (PER) as concurred with by the Agency.
2. Project Funding – The Agency is offering the following funding for your project:
RUS Loan #01: $4,493,000
RUS Grant #02: $6,547,000
RUS Grant #03 $3,988,000
This offer is based upon the following additional funding being obtained.
Applicant Contribution - $ 245,000
DOLA - $25,000
TOTAL PROJECT COST - $15,298,000
This funding is offered based on the amounts stated above. Prior to loan closing, any increase in
non-Agency funding will be applied first as a reduction to Agency grant funds, up to the total
amount of the grant, and then as a reduction to Agency loan funds.
Any changes in funding sources following obligation of Agency funds must be reported to the
processing official. Project feasibility and funding will be reassessed if there is a significant
change in project costs after bids are received. If actual project costs exceed the project cost
estimates, an additional contribution by the Owner may be necessary. Prior to awarding
construction bids, you must provide evidence of applicant contributions and approval of other
funding sources (i.e. once bankruptcy is finalized). This evidence should include a copy of the
commitment letter. Agency funds will not be used to pre-finance funds committed to the project
from other sources.
3. Project Budget – Funding from all sources has been budgeted for the estimated
expenditures as follows:
Project Costs: Total Budgeted:
Page 303
Prospect Mountain Water Company Project – Letter of Conditions 3
Admin $537,000
Construction $10,732,588
Contingency $999,292
Engineering Fees $1,421,500
Includes:
Basic $1,141,500
Estimated Reimbursables $55,000
RPR (Inspection) $225,000
Interest - Interim $125,000
Remaining Town Development/WR Fees $1,064,120
Easement Acquisition $250,000
Testing $161,000
Northern Water Inclusion $7,500
TOTAL $15,298,000
Obligated loan or grant funds not needed to complete the proposed project will be de-obligated
prior to start of construction. Any reduction will be applied to grant funds first. An amended
letter of conditions will be issued for any changes to the total project budget.
Please let me know if there are further questions.
Sincerely,
ALLISON RUIZ
Area Specialist
Page 304
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid
OMB control number for this information collection is 0570- 0062. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
USDA
Form RD 1940-1 REQUEST FOR OBLIGATION OF FUNDS
Rev. 06-10)
INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED ( )
Complete Items 1 through 29 and applicable Items 30 through 34. See FMI.
FISCALYEARLOANNUMBER1. CASE NUMBER
BORROWERIDST
2. BORROWER NAME 3. NUMBER NAME FIELDS
1, 2, or 3 from Item 2)
4. STATE NAME
5. COUNTY NAME
GENERAL BORROWER/LOAN INFORMATION
9. EMPLOYEE8. COLLATERALCODE7. TYPE OFAPPLICANT6. RACE/ETHNIC
5 - ASSOC. OF
FARMERS
RELATIONSHIPCODECLASSIFICATION1- REAL ESTATE 4 - MACHINERY ONLY
SECURED 5 - LIVESTOCK ONLY
6 - ORG. OF FARMERS
1 - EMPLOYEE2-REAL ESTATE 6 - CROPS ONLY
AND CHATTEL 7 - SECUREDBY4 - HISPANIC1 - WHITE
1 - INDIVIDUAL
2 - MEMBER OFFAMILY2 - BLACK 5 - A/PI
2 - PARTNERSHIP
3 - CLOSERELATIVE3 - NOTE ONLY ORBONDS3 - AI/AN
3 - CORPORATION
4 - ASSOC.CHATTEL ONLY
10. SEX CODE 13. CREDITREPORT12. VETERANCODE11. MARITAL STATUS
1 - MARRIED 3 - UNMARRIED (INCLUDES4 - ORGAN. MALE OWNED
1 -YES1 -YES5 - ORGAN FEMALEOWNED1 - MALE
2 -NO2 -NO2 -FEMALE 6 - PUBLIC BODY 2 - SEPARATED WIDOWED/DIVORCED)
14. DIRECT PAYMENT 16. FEEINSPECTION15. TYPE OF PAYMENT
1 -YES(See FMI)2 - NO
18. USE OF FUNDSCODE17. COMMUNITY SIZE
1 - 10 000 OR LESS (FOR SFH AND (See FMI)2 - OVER 10,000 HPG ONLY)
COMPLETE FOR OBLIGATION OF FUNDS
19. TYPE OF 22. TYPE OFACTION20. PURPOSE CODE 21. SOURCE OF FUNDS
ASSISTANCE 1 -OBLIGATION ONLY
2 - OBLIGATION/CHECK REQUEST(See FMI)
3 - CORRECTION OF OBLIGATION
23. TYPE OF SUBMISSION 24. AMOUNT OF LOAN 25. AMOUNT OF GRANT
1 - INITIAL
2 -SUBSEQUENT
26. AMOUNT OF
IMMEDIATE ADVANCE
29. REPAYMENTTERMS27. DATE OF 28. INTEREST RATE
APPROVAL
MO DAY YR
COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS
If the decision contained above in this form results in denial, reduction or cancellation of USDA assistance, you may appeal this decision and have a hearing or you may request a review in lieu of a hearing.
Please use the form we have included for this purpose.
Position 2
ORIGINAL - Borrower's Case Folder COPY 1 - Finance Office COPY 2 - Applicant/Lender COPY 3 - State Office
CO
3 - FAMILY UNIT
30. PROFIT TYPE
1 - FULL PROFIT 3 - NONPROFIT
2 - LIMITED PROFIT
COMPLETE FOR EM LOANS ONLY
31. DISASTER DESIGNATION NUMBER
See FMI)
FINANCE OFFICE USE ONLY
33. OBLIGATION DATE
MO DA YR
COMPLETE FOR CREDIT SALE-ASSUMPTION
COMPLETE FOR FP LOANS ONLY
32. TYPE OF SALE
1 -CREDIT SALE ONLY 3 -CREDIT SALE WITH SUBSEQUENT LOAN SUBSEQUENT LOAN
2 - ASSUMPTION ONLY 4 -ASSUMPTION WITH
34. BEGINNING FARMER/RANCHER
See FMI)
1 - MONTHLY 3 - SEMI-ANNUALLY
2 - ANNUALLY 4 - QUARTERLY
4 - PUBLIC BODY
7 - NONPROFIT-SECULAR
8 - NONPROFIT-FAITH BASED
9 - INDIAN TRIBE
11-OTHER
FORM APPROVED
OMB No. 0570-0062
10-PUBLIC COLLEGE/UNIVERSITY
8 - RLF ACCT
Attachment 2
Page 305
CERTIFICATION APPROVAL
EM, OL, FO, and SWLoansForAllFarmersPrograms
This loan is approved subject to the availability of funds. If this loan does not close for any reason within 90 days from the
date of approval on this document, the approval official will request updated eligibility information. The undersigned loan
applicant agrees that the approval official will have 14 working days to review any updated information prior to submitting
this document for obligation of funds. If there have been significant changes that may affect eligibility, a decision as to
eligibility and feasibility will be made within 30 days from the time the applicant provides the necessary information.
If this is a loan approval for which a lien and/or title search is necessary, the undersigned applicant agrees that the
15-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative
completing title work and completing loan closing.
35.COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
36.I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates
and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans
for similar purposes and periods of time. I agree to use the sum specified herein, subject to and in accordance with
regulations applicable to the type of assistance indicated above, and request payment of such sum. I agree to report to
USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. I certify that no part of the sum
specified herein has been received. I have reviewed the loan approval requirements and comments associated with this loan
request and agree to comply with these provisions.
For FP loans at eligible terms only) If this loan is approved, I elect the interest rate to be charged on my loan to be the lower of the
interest rate in effect at the time of loan approval or loan closing. If I check ''NO'', the interest rate charged on my
loan will be the rate specified in Item 28 of this form.YES NO
WARNING:Whoever, in any matter within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material
fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses
any false writing or document knowing the same to contain any false, fictitious or fraudulent
statement or entry, shall be fined under this title or imprisoned not more than five years, or both.''
Date
Signature of Applicant)
Date ,
Signature of Co-Applicant)
37.I HEREBY CERTIFY that all of the committee and administrative determinations and certifications required by regulations
prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket, and
that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assistance in the
amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such
amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable to this type of
assistance.
Signature of Approving Official)
Date Approved:Title:
38.TO THE APPLICANT: As of this date , this is notice that your application for financial assistance
from the USDA has been approved, as indicated above, subject to the availability of funds and other conditions required by
the USDA. If you have any questions contact the appropriate USDA Servicing Office.
20
20
Typed or Printed Name:
Page 306
Position 3
Form RD 1942-46 FORM APPROVED
OMB NO. 0575-0015
OMB NO. 0570-0062
UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT(Rev. 6-10)
LETTER OF INTENT TO MEET CONDITIONS
Date
TO: United States Department of Agriculture
Name of USDA Agency)
USDA Agency Office Address)
We have reviewed and understand the conditions set forth in your letter dated
them not later than
Name of Association)
BY
Title)
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a persons is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0575-0015 and 0570-0062. The time required to
complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data. needed, and completing and reviewing the collection of information.
Form RD 1942-46 (Rev. 6-10)
It is our intent to meet all of.
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