HomeMy WebLinkAboutPACKET Town Board 2023-01-24The Mission of the Town of Estes Park is to provide high‐quality, reliable services for
the benefit of our citizens, guests, and employees, while being good stewards of
public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
This meeting will be streamed live and available on the Town YouTube page at
www.estes.org/videos
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, January 24, 2023
7:00 p.m.
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.,
the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments
will be provided to the Board for consideration during the agenda item and added to the final packet.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
RECOGNIZE COMPREHENSIVE PLAN ADVISORY COMMITTEE MEMBERS.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated January 10, 2023 and Town Board Study Session Minutes
dated January 10, 2023.
3.Estes Park Planning Commission Minutes dated November 15, 2022
(acknowledgement only).
4.Resolution 03-23 On-Call Professional Services Contracts with HDR Engineering Inc.,
CDM Smith, Lithos Engineering, and JDS-Hydro/RESPEC for Water System
Infrastructure Upgrades.
LIQUOR ITEMS:
1.RESOLUTION 04-23 TRANSFER OF A RETAIL LIQUOR STORE LICENSE FROM
KNH I&E, INC., DBA ROCKY MOUNTAIN DISCOUNT LIQUOR TO GOLDSANG
INC., DBA ROCKY MOUNTAIN DISCOUNT LIQUOR, 350 W. RIVERSIDE DRIVE,
ESTES PARK, CO 80517. Town Clerk Williamson.
To consider the transfer of a retail liquor store liquor license application. The business
sold on January 12, 2023 and a temporary permit was issued January 12, 2023.
Prepared 01-13-2023
*
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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.
PLANNING ITEMS: Items reviewed by Planning Commission or staff for Town Board Final
Action.
1.ACTION ITEMS:
A.RESOLUTION 05-23 SECOND SUPPLEMENTAL CONDOMINIUM MAP, THE
MEADOWS AT WILDFIRE CONDOMINIUMS, 1802 WILDFIRE ROAD, WILDFIRE
HOMES LLC, APPLICANT. Planner Woeber.
To condominiumize Building H.
ACTION ITEMS:
1.POLICE DEPARTMENT REORGANIZATION. Police Chief Hayes.
Restructuring command staffing for the Police Department to align with contemporary
police practices. No new full time employee positions.
2.RESOLUTION 06-23 CONDITIONALLY APPROVING A CONSTRUCTION
CONTRACT WITH MOUNTAIN CONSTRUCTORS, INC., FOR THE
CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF US 36 AND
COMMUNITY DRIVE. Director Muhonen.
To consider conditionally approving a contract with the qualified bidder identified by
staff through an Invitation to Bid (ITB) to construct a roundabout to improve the traffic
safety at the intersection.
REPORTS AND DISCUSSION ITEMS:
1.ESTES VALLEY HOUSING NEEDS ASSESSMENT AND STRATEGIC PLAN –
FINAL REPORT. Deputy Town Administrator Damweber.
Transmittal and presentation of the final report by Root Policy Research.
ADJOURN.
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Town of Estes Park, Larimer County, Colorado, January 10, 2023
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 10th day of January, 2023.
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, Deputy Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
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, and it
passed unanimously.
PUBLIC COMMENTS.
Rick Grigsby/Town citizen levied his objection to the workforce housing regulatory linkage
fee for the three vacation homes he operates on East Riverside Drive. He provided a
written statement to the Town Board and requested individual meetings with the Board
members to discuss his concerns.
Tom and Susan Kaszynski/Town citizens commented on the proposed rezoning of 685
Peak View from E-1 to R-1 to develop 39 homes. They purchased their home with the
understanding that the property would be developed with seven to eight homes. They
stated concern with the proposed density and with the number of issues that need to be
addressed before the proposal moves forward.
John Meissner/Town citizen spoke to the needs of the migrants arriving in the Denver
area. He further stated the Mayor of Denver has stated the individuals have two weeks
to move out of the shelters. The YMCA has been contacted and ongoing discussion on
housing migrants continues. He requested the Town make a statement, send staff, house
migrants, etc. to assist in addressing the ongoing situation in Denver.
TRUSTEE COMMENTS.
Trustee comments were heard and summarized: Sister Cities held their first meeting
since COVID, elected two new members, addressing IRS filings to reinstated activities of
the group and to allow donations, future revisions to the bylaws, and a Memorandum of
Agreement with the Town; Board of Adjustment reapproved a variance for a Habitat for
Humanity project to build five homes; Visit Estes Park continues the planning for the
Frozen Dead Guy Day; the Family Advisory Board met to elected Nancy Almond as chair
and Deanna Ferrell as vice chair; thanked the staff of the Water Division for their work to
address a water main break during the holidays; thanked the plow crew for their efforts
during the holidays; the Transportation Advisory Board received a review of current
projects and timelines for projects; and the Larimer County Behavior Health Policy
Advisory Committee discussed the new facility off Trilby to open in December 2023, a
grant request has been filed to obtain $10 million to build the adolescence building, and
meeting with school personnel to support them and the children.
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Board of Trustees – January 10, 2023 – Page 2
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek stated DOLA issued a letter to municipalities to identify how
they may be able to assist the City and County of Denver with the current migrant
situation. Staff continues to evaluate resources available to assist.
Administrator Machalek reviewed the quarterly report for Policy Governance Policy 3.3
Financial Planning. He stated full compliance with the policy guidelines.
1.CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated December 13, 2022 and Town Board Study Session
Minutes dated December 13, 2022.
3.Estes Park Board of Adjustment Minutes dated November 1, 2022
(acknowledgement only).
4.Transportation Advisory Board Minutes dated November 16, 2022
(acknowledgement only).
5.Parks Advisory Board Minutes dated November 17, 2022 (acknowledgement
only).
6.Family Advisory Board Minutes dated December 1, 2022 (acknowledgement only).
7.Appointment of Carissa Streib and Rut Miller to the Estes Park Housing Authority
for terms expiring April 30, 2028.
8.Resolution 01-23 Public Posting Area Designation.
9.Resolution 02-23 Authorizing Staff to Apply for DOLA’s Colorado Division of
Housing Transformational Affordable Housing Grant.
10. Reappointments to the Local Marketing District Board of Directors of Sean Jurgens
and Jerusha Rice for terms expiring December 31, 2026.
11. Acceptance of Town Administrator Policy Governance Monitoring Report.
It was moved and seconded (Hazelton/Webermeier) to approve the Consent
Agenda, and it passed unanimously.
ACTION ITEMS:
1.DOWNTOWN WAYFINDING SIGNAGE PROGRAM DESIGN & IMPLEMENTATION
PLAN ADOPTION. Engineer Hook introduced Consultant Kristen Cypher/Michael
Baker International who presented the final design and implentation schedule for the
downtown wayfinding signage plan. She provided an overview of the project,
including public engagement sessions held during 2022 with over 400 responses
collected; the development of a pilot signage for the paid parking program which would
be reused in the proposed plan; the development of a design palette using natural
materials such as wood, stone, steel, etc; reviewed the different elements of the
programs which would utilize nine types of signs from small directional to large kiosks;
an additional four types of signs to consider in the future such as shuttle signs,
historical markers, on trail directional and mile marker signs; discussed how braille
and/or sign becons may be used to provide verbal messaging to those visually
impaired and include options in bid packages; and a six phase approach has been
included in the plan with a focus on the pedestrain signage in Phase I.
Board comments and questions were heard and summarized: questioned the
accuracy of translation; questioned if the paid parking funds could be used to pay for
the signage plan; and acknowledged the plan feels genuine, authentic, and consistent
with the brand experience.
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Board of Trustees – January 10, 2023 – Page 3
Kent Smith/Town citizen stated he was impressed with the design and encourage the
Board to find funds to complete additional phases as soon as possible due to rising
costs in materials.
John Meissner/Town citizen stated concern with the accuracy of historical markers
and with signage being placed directly on buildings. He encouraged the Town to
utilize the Museum staff for the project and to place a draft for public comment before
moving forward with the historical markers.
After further discussion, it was moved and seconded (Hazelton/Martchink) to adopt
the Downtown Wayfinding Signage Program Design & Implementation Plan, and
it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 8:22 p.m.
Wendy Koenig, Mayor
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado January 10, 2023
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 the
Board Room in said Town of Estes Park on the 10th day of January, 2023.
Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees
Cenac, Hazelton, MacAlpine, Martchink, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees
Cenac, Hazelton, MacAlpine, Martchink and Younglund
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Town Attorney Kramer, and Deputy Town Clerk
Beers
Absent: None.
Mayor Koenig called the meeting to order at 6:05 p.m.
Detective Jennifer Morrow introduced Kristin Snyder, Police Officer II who began her
employment with the Police Department in 2023.
PARKS ADVISORY BOARD SUNSET REVIEW.
Town Administrator Machalek stated Town Board Governing Policy 1.6.1.8 requires a
sunset review for Town Committees at least once every five (5) years. The last sunset
review for Parks Advisory Board (PAB) occurred in 2017. Supervisor Berg stated the
PAB has three vacancies and provided the Town Board with the history and formation
of the PAB previously known as the Tree Advisory Board. He reviewed the primary
responsibilities of the committee as outlined in the bylaws. Staff stated the committee
workload has decreased since the Arts Master Plan would be handled by the Estes Arts
District, no plans to re-engage the Mountain Festival, and educational programs are
being handled by outside organizations. The Board requested staff input on whether or
not PAB should continue or change focus. Staff recommended the primary
responsibilities be updated to include a focus on environmental sustainability it if were to
continue. After further discussion, the Board was in agreement to direct staff to draft a
resolution to sunset PAB and would consider the formation of a committee with a focus
on environmental sustainability at a future meeting.
TRANSPORTATION ADVISORY BOARD SUNSET REVIEW.
Town Administrator Machalek stated Town Board Governing Policy 1.6.1.8 requires a
sunset review for Town Committees at least once every five (5) years. The last sunset
review for Transportation Advisory Board (TAB) occurred in 2017. Board Liaison to the
TAB Trustee Martchink and TAB Chair Belle Morris recommended extending the TAB
another five years. The Board was in agreement to continue TAB.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Town Administrator Machalek stated due to unpredictable weather the Board of County
Commissioners requested a daytime study session to discuss Stormwater. It was
determined staff would coordinate with the County to identify a date to hold the meeting.
FUTURE STUDY SESSION AGENDA ITEMS.
The discussion item for 1A Renewal was scheduled for February 14, 2023 with the
US34 Transportation Management Organization and Workforce/Affordable Housing and
Childcare Funding Policy Update items.
There being no further business, Mayor Koenig adjourned the meeting at 6:32 p.m.
Bunny Victoria Beers, Deputy Town Clerk
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Town of Estes Park, Larimer County, Colorado, November 15, 2022
Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the
Town of Estes Park, Larimer County, Colorado. Meeting was held in said Town of Estes
Park on the 15 day of November 2022.
Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser,
Commissioners Joe Elkins, Howard Hanson
Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Elkins,
Commissioner Hanson, Director Jessica Garner, Senior
Planner Jeff Woeber, Larimer County Community
Development Director Lesli Ellis, Recording Secretary Karin
Swanlund, Town Attorney Dan Kramer, Town Board Liaison
Barbara MacAlpine
Absent: none
Chair Comstock called the meeting to order at 1:30 p.m. There were 18 people from the
public in attendance.
AGENDA APPROVAL
It was moved and seconded (Hanson/Heiser) to approve the agenda. The motion
passed 4-0.
PUBLIC COMMENT none
CONSENT AGENDA APPROVAL
It was moved and seconded (Hanson/Elkins) to approve the consent agenda. The
motion passed 4-0
ACTION ITEMS
Comprehensive Plan Director Jessica Garner
Miriam McGilvray, consultant and project manager from Logan Simpson, was
present and reviewed the entire process and steps of forming the Plan and
shared a 31-page PowerPoint presentation that covered the what/where/why and
how of the newly written Comprehensive Plan. The four chapters of the Plan
were briefly discussed. It was stressed that the future land use map (FLUM)
does not alter, circumvent or supersede established zoning districts; it is
aspirational. The new Plan has consolidated the previous 18 future land use
areas into 10.
Additional recommendations from the Estes Valley Planning Advisory Committee
(EVPAC) were to include language relating to the preservation of historic venues
in the County and the heritage of the community. Also, add language to the
three subjects under the Health and Social section to mirror the Larimer County
Comprehensive Plan. And to remove the Future Study Area noted on the south
end of the Opportunity Areas that are within the Larimer County unincorporated
area.
DISCUSSION:
Vice Chair Heiser questioned Director Ellis about the deletion of the south-end
study area. Ellis answered that it is not intended to be a growth area per the
Larimer County Comp Plan. Director Garner stated that it would be agreeable to
scale the study area back but was opposed to removing it. Regarding the
Health and Social recommendations, Chair Comstock asked why they needed to
be changed since the language is advisory and not binding. Ellis answered that
this wording would mirror the Larimer County Plan.
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Planning Commission – November 15, 2022 – Page 2
PUBLIC COMMENT:
The following town citizens spoke in opposition to the Suburban Estate Future
Land use category, stating that ¼ acre lots should not replace 1+ acre lots in the
current E and E1 zoning and reducing the size of the lots won't fix the housing
problems.
Rebecca Urquhart, Connie Phipps, John Phipps, Pat Newsom, Kevin Smith,
Wayne Newsom, Dick Spielman.
Dave Shirk, town citizen, asked why the Plan had to go before the Town Board.
Town Attorney Kramer answered that while the Planning Commission adopts the
Plan, it is still subject to approval by the Town Board per state statutes.
It was moved and seconded (Heiser/Hanson) to amend the document to include
the language requested by the EVPAC, revising policy BE 3.5 on page 26: "The
Town and County support opportunities for historic preservation, rehabilitation, and
adaptive use of historic structures and sites in development review and land
conservation activities to preserve the heritage of the community." The motion
passed unanimously.
It was moved and seconded (Hanson/Heiser) to amend the document to include
the language requested by the EVPAC, revising policy HS 2.1 on page 42: The
Town and County encourage expansion of health care and improve social services
including availability, affordability and access to medical services in Estes Park.
The motion passed unanimously.
It was moved and seconded (Heiser/Hanson) to amend the document to include
the language requested by the EVPAC, revising policy HS 2.2 on page 42: "The
Town and County encourage partnerships between public not-for-profit and private
health care provider clinics in the hospital in Estes Park and permanent supportive
housing to provide a valuable resource and appropriate medical care for the community
including vulnerable populations." The motion passed unanimously.
It was moved and seconded (Heiser/Hanson) to amend the document to represent
the diagram shown in option 2 to reduce the size of the Future Study Area on the
south end of the Opportunity Area map. The motion passed unanimously.
It was moved and seconded (Heiser/Elkins) to correct the Scribners errors on
pages 2, 3, 11, 29 and 84, 90. These include changing all dates from 1997 to 1996,
changing Planning Department to Planning Division, adding Department after
Community Development, adding Park after Estes, changing visioning by the numbers
to engagement by the numbers, and changing the map color in chapter 2, County
Policies, to orange. The motion passed unanimously.
Heiser acknowledged that he was listening to the public, there was extensive public
comment over the past 18 months, and all comments have been considered. Trustee
MacAlpine suggested the commission address the public comments regarding the ¼ lot.
It was moved and seconded (Hanson/Elkins) approval and adoption of Resolution
#01-22 for the Estes Forward Plan as amended, which will proceed to the Town
Board for approval on December 6. The motion passed unanimously.
REPORTS:
Thanks were given to the CompPAC and all involved other the past 18 months to get us
to where we are today.
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Planning Commission – November 15, 2022 – Page 3
Chris Pawson will be considered for an appointment as a new Commissioner at the Town
Board meeting on November 22. If approved, he will be at the next meeting.
There will not be a Planning Commission meeting in December.
There being no further business, Chair Comstock adjourned the meeting at 3:00
_______________________________
Chair Comstock
Karin Swanlund, Recording Secretary
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UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Director Bergsten, Project Manager Wesley
Date: January 24, 2023
RE: Resolution 03-23 Approving On-Call Professional Services Contracts with
HDR Engineering Inc., CDM Smith, Lithos Engineering, and JDS-
Hydro/RESPEC for Water System Infrastructure Upgrades
(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: HDR Engineering, CDM Smith, Lithos Engineering, and JDS Hydro, a Division of
RESPEC Company, LLC.
Present Situation:
Last year we performed an open solicitation process with follow-up interviews to select
the consulting firms. Multiple contractors were selected for most categories to provide a
pool for selection of technical support and with consideration of potential contractor
schedule conflicts.
Staff has finalized terms and conditions with four contract consulting firms to provide
technical support for various as-needed tasks. The scope includes technical
evaluations, emergency response, staff augmentation, specialty reviews, and master
planning for our water future.
Proposal:
Staff proposes to use on-call contracting for staff augmentation and access to subject
matter experts. The 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.
Page 11
The services are segregated into generalized categories described below. The
descriptions are not all inclusive of activities that may be required by on-call
professional services.
● Raw Water System (Selected firm: HDR Engineering)
Typical Services: Support for redundant and reliable raw water supply, raw water
intake analysis, raw water quality analysis, water conveyance planning
● Geotechnical Services (Selected firm: Lithos Engineering)
Typical Services: geotechnical analysis, construction support for soil and
excavation issues, dewatering
● Water Treatment Process (Selected firm: HDR Engineering)
Typical Services: water treatment process trouble-shooting, alternatives
investigation and development, asset improvements
● Water System Master Planning (Selected firm: JDS-Hydro/ RESPEC)
Typical Services: water distribution system modeling analysis, trouble-shooting,
development impacts analysis, water demand update, funding support
● Environmental and Water Resources Planning (Selected firms: CDM Smith, HDR
Engineering)
Typical Services: water accounting and water rights support, permitting support,
environmental impact analysis
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.
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.
● 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 Contracts.
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Finance/Resource Impact:
2023 funds have been budgeted for this work. Funding for future years will be allocated
through the annual budget process.
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of Resolution 03-23.
Attachments:
1. Resolution 03-23
2. On-Call Professional Services Contract with HDR Engineering, Inc.
3. On-Call Professional Services Contract with CDM Smith, Inc.
4. On-Call Professional Services Contract with Lithos Engineering
5. On-Call Professional Services Contract with JDS-Hydro/ RESPEC, LLC.
Page 13
RESOLUTION 03-23
APPROVING ON-CALL PROFESSIONAL SERVICES CONTRACTS WITH HDR
ENGINEERING INC., CDM SMITH, LITHOS ENGINEERING, AND
JDS-HYDRO/RESPEC 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, four (4) firms were selected to be part of a pool of thirteen (13)
professional engineering, geotechnical and surveying resources to assist on completion
of the Capital Improvement Projects as approved in the Water Activity Enterprise
budget; 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 the final four (4) out of
thirteen (13) firms; 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 HDR Engineering, Inc., CDM Smith, Lithos Engineering, and
JDS-Hydro/RESPEC; 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 , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
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PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Raw Water System, Water
Treatment Processes, and Environmental and Water Resources Planning
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
HDR Engineering, Inc. (Consultant), a Nebraska Corporation, whose address is 1670 Broadway,
Suite 3400, Denver, CO 80202-4824, make this Contract this _____ day of , 2023,
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 that are mutually agreed upon in writing by the
Consultant;
ATTACHMENT 2
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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 Treatment Processes, and/or Environmental and Water
Resources 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 proposed in a
task order and remaining unpaid will not be sufficient to complete the Services
described in the task order. If the scope of work changes, both parties agree to
negotiate any change in scope and fee before finalizing. Should the Town be unable
to agree to additional fee needed for such a change in scope, due to a funding issue,
then the Consultant will not be liable for uncompleted work that is the result of the
failure to acquire additional funding.
8 CONSULTANT'S DUTIES:
8.1 Consultant shall perform all services required hereunder with the care and skill
ordinarily exercised by members of the same profession providing the same services
at the same time and in Colorado.
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 knowledge and skill engaged in the
Consultant's same profession under the same or similar circumstances and at the same
time and in Colorado (“Standard of Care.”)
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, be in accordance with the Standard of Care, 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 may
include detailed independent verification of data prepared or supplied by Town. If not
included, Consultant will be able to rely on the accuracy of data provided 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 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
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Town of Estes Park Professional Services Contract --Page 4 of 12
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.
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 and the “Standard of Care.”
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
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Town of Estes Park Professional Services Contract --Page 5 of 12
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
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:
Jenn Stillman, P.E.
Contract Manager
1670 Broadway, Suite 3400
Denver, CO 80202-4824
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
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Town of Estes Park Professional Services Contract --Page 6 of 12
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.
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 $1,000,000 per claim and in the
annual aggregate.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of $500, 000.
17.3 General liability, including contractual liability, of $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 $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
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Town of Estes Park Professional Services Contract --Page 7 of 12
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 copy of each required policy with
sensitive and privileged information redacted concerning internal financial
information such as rates and pay structures.
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, materially 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 below the specified
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
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Town of Estes Park Professional Services Contract --Page 8 of 12
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.
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 and (2) to the extent caused, by any negligent act, error or omission
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 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
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Town of Estes Park Professional Services Contract --Page 9 of 12
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.
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,
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Town of Estes Park Professional Services Contract --Page 10 of 12
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
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 24
Town of Estes Park Professional Services Contract --Page 11 of 12
CONSULTANT:HDR ENGINEERING, INC.
By:
Date
Title: _______________________________
State of )
ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
2023, 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 25
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 , 2023.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 26
Estes Park | General Egnineering Services
Attachment A Price Proposal
hdrinc.com
1670 Broadway, Suite 3400, Denver, CO 80202-4824
303. 764.1520
Confidential – Price Proposal for General Engineering On-Call Services - HDR
ATTACHMENT A
PRICE PROPOSAL FORM
Company Name: HDR
Position Title
Hourly Rate Hourly Rate % Increase
Project Start 1/1/2023 1/1/2024
Through Through Through
12/31/2022 12/31/2023 12/31/2024
Independent Consultant $290.00 $298.70 3.5%
Contract Manager/Tech Advisor/QA&QC $250.00 $257.50 3.5%
Task/Project Manager $240.00 $247.20 3.5%
Technical Lead $245.00 $252.35 3.5%
Sr. Architect $230.00 $236.90 3.5%
Architect $200.00 $206.00 3.5%
Sr. Structural/Mechanical Engineer/ Fire Life Safety
Engineer $
230.00 $236.90 3.5%
Structural/Mechanical Engineer/Fire Life Safety Engineer $200.00 $206.00 3.5%
Sr. Electrical Engineer/I&C Engineer $240.00 $247.20 3.5%
Electrical Engineer/I&C Engineer $180.00 $185.40 3.5%
Sr. Construction Manager $195.00 $200.85 3.5%
Geotechnical Engineer $185.00 $190.55 3.5%
Env./Civil Engineer/Construction Manager $170.00 $175.10 3.5%
Cathodic Protection Engineer $160.00 $164.80 3.5%
Cost Estimator/Scheduling Specialist $155.00 $159.65 3.5%
Senior Engineer II $235.00 $242.05 3.5%
Senior Engineer I $220.00 $226.60 3.5%
Staff Engineer VII $205.00 $211.15 3.5%
Staff Engineer VI $190.00 $195.70 3.5%
Staff Engineer V $175.00 $180.25 3.5%
Staff Engineer IV $160.00 $164.80 3.5%
Staff Engineer III $145.00 $149.35 3.5%
Staff Engineer II $135.00 $139.05 3.5%
Staff Engineer I $120.00 $123.60 3.5%
EIT $105.00 $108.15 3.5%
Sr. CAD $150.00 $154.50 3.5%
CAD $135.00 $139.05 3.5%
Sr. Inspector $155.00 $159.65 3.5%
Inspector $125.00 $128.75 3.5%
Controller $140.00 $144.20 3.5%
Clerical/Word Processing $115.00 $118.45 3.5%
Terms
Payment Terms: Net 30
Markup Allowed on Sub-consultants: 5%
Mileage Rate: $0.585 or current IRS allowable mileage rate
Other Direct Costs: At Cost
Travel Reimbursement: Meals, tips, and incidentals at federal government (M+IE) per
diem rate. Reasonable lodging expenses reimbursed with
itemized bill.
Exhibit A: Consultant's Rate Sheet
Page 27
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Environmental and Water Resources
Planning
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
CDM Smith Inc. (Consultant), a Massachusetts Corporation, whose address is 555 17th Street,
Suite 500, Denver, CO 80202, make this Contract this _____ day of , 2023,
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 3
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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 Environmental and Water Resources 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
standardly and typically necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents. Costs for specialty materials,
machinery, equipment, tools, and other accessories or services shall be enumerated in the
scope of services for each task order and paid in accordance with the quoted costs.
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. In the event the Town is unable to discharge its
financial obligations hereunder, Consultant may suspend or terminate performance upon
reasonable notice to the Town.
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:
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Town of Estes Park Professional Services Contract --Page 3 of 12
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.
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. Without creating a fiduciary relationship, 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. Consultant shall perform all services
required hereunder with the care and skill ordinarily exercised by members of the
same profession providing the same services at the same time and in the state of
Colorado.
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 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.
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Town of Estes Park Professional Services Contract --Page 4 of 12
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.
8.8 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
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Town of Estes Park Professional Services Contract --Page 5 of 12
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
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. For avoidance of doubt, Consultant retains sole and
exclusive rights and title into any and all intellectual property, including software and source
code, that pre-dates this Agreement.
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:
Solomon Abel, P.E.
Officer-in-Charge
555 17th Street, Suite 500
Denver, CO 80202
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 to the extent of Consultant’s
wrongful 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 Consultant’s 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 provide
protection to the Town as an additional insured to the same extent as to the Consultant.
These policies shall provide that the Town 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
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Town of Estes Park Professional Services Contract --Page 8 of 12
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 36 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 by the negligent act or omission 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 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
2023, 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 , 2023.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 39
Town of Estes Park | General Engineering On-Call Services 1
ATTACHMENT A
PRICE PROPOSAL FORM
Company Name: CDM Smith Inc.
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
Quality Specialist / Principal $280.00 $288.00 3%
Technical Specialist $270.00 $275.00 3%
Sr. Project Manager $265.00 $270.00 3%
Project Manager I $225.00 $230.00 3%
Project Manager II $200.00 $210.00 3%
Regulatory Specialist / Cost Estimator $185.00 $195.00 3%
Sr. Engineer I $240.00 $245.00 3%
Sr. Engineer II $210.00 $220.00 3%
Staff Engineer I $180.00 $185.00 3%
Staff Engineer II $140.00 $150.00 3%
Junior Engineer $115.00 $120.00 3%
Sr. Designer $165.00 $170.00 3%
Designer $140.00 $145.00 3%
Drafter I $125.00 $130.00 3%
Drafter II $100.00 $105.00 3%
Administrative $120.00 $125.00 3%
Clerical $110.00 $115.00 3%
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.
1. Staff billing rates provided are applicable to services provided through December 31, 2024. Billing rates will be adjusted after this date annually
based on the Consumer Price Index as published by the US Bureau of Labor Statistics. CDM Smith will coordinate with the Client to obtain agreement
on updates to the rate table before any changes are implemented.
2. Vehicle mileage shall be at current IRS audit rate at time-of-service performance.
3. Office-related consumable supplies, project-related printing and reproduction services, and travel-related items such as car rentals and hotels will
be billed at cost.
Page 40
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
Lithos Engineering (Consultant), a Colorado limited liability company, whose address is 2750 S.
Wadsworth Boulevard, Suite D-200, Denver, CO 80227, make this Contract this ___ day of
2023, 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 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 4
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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 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 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 efforts,
skill, judgment, and abilities. Consultant will further the interests of Town according
to Town’s requirements and procedures, according to 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
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 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
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Town of Estes Park Professional Services Contract --Page 5 of 12
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
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:
Benny Siljenberg, P.E.
Vice President
2750 Wadsworth Boulevard, Suite D-200
Denver, CO 80227
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in compliance with
applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances,
and regulations (including sections of the Occupational Safety and Health Administration
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Town of Estes Park Professional Services Contract --Page 6 of 12
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.
15 PERMITS AND LICENSES: The Consultant shall secure all applicable 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 reasonable 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.
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Town of Estes Park Professional Services Contract --Page 7 of 12
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.
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.
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Town of Estes Park Professional Services Contract --Page 8 of 12
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.
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, caused by 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, 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 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
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Town of Estes Park Professional Services Contract --Page 9 of 12
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.
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.
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Town of Estes Park Professional Services Contract --Page 10 of 12
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
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
2023, 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 51
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 , 2023.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 52
Request for Proposal - General Engineering Services
Page 10 of 25
ATTACHMENT A
PRICEPROPOSALFORM
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.
Lithos Engineering
Senior Consultant
Principal
Sr. Professional II
Sr. Professional I
Professional II
Professional I
Staff Professional III
Staff Professional II
Staff Professional I
Administrative
210
215
200
180
160
145
125
110
100
75
216
206
221
185
164
149
128
113
103
77
222
227
212
190
168
153
131
116
106
79
Travel time will be charged at the individual’s billing rate and mileage will be charged at IRS rate.
Exhibit A: Consultant's Rate Sheet
Page 53
PROFESSIONAL SERVICES CONTRACT
On-Call Contract for Professional Services Related to Water System Master Planning
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
JDS-Hydro, a Division of RESPEC Company, LLC (Consultant), a Colorado limited liability
company, whose address is 5540 Tech Center Driver, Suite 100, Colorado Springs, Colorado
80919, make this Contract this __________ day of _____________________, 2023, 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 5
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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 the 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 and incorporated herein, 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).
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. The standard of care for all
professional and related services performed or furnished by Consultant under this
Contract will be the care and skill ordinarily used by members of the subject
profession practicing under similar circumstances at the same time and in the same
locality.
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.
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:
Mario DiPasquale, P.E.
5540 Tech Center Drive, Suite 100
Colorado Springs, CO 80919
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 by any negligent acts, errors or omissions 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, except when claims or actions are
caused by the negligent acts, errors or omissions of the Town of Estes Park. 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
Page 62
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
2023, 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 64
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 , 2023.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 65
JDS -Hydro a division of RESPEC | RSI/P -7268 Response to RFP No. 0518 2022 General Engineering Services
1
Price Proposal
Company Name:______RESPEC-JDS________________________________________________
2022 Standard Billing Rates
Position Title* Rate Project Start
Through 12/31/22
Rate 01/01/23
Through 12/31/23
Rate 01/01/24
Through 12/31/24
Principal Engineer $195 to $205 $200 to $210 $ 210 to $220
Senior Technical Leads $195 to $205 $200 to $210 $ 210 to $220
Senior Project Manager $170 to $190 $180 to $195 $ 190 to $205
Project and Task Managers $160 to $190 $170 to $195 $ 180 to $205
Project Engineers $140 to $160 $150 to $160 $ 160 to $170
Staff Engineers $120 to $140 $130 to $140 $ 140 to $150
Biologists $120.00 $130.00 $140.00
Senior Design Technician $130.00 $140.00 $150.00
Engineering Technician $100 to $130 $110 to $140 $ 120 to $150
Senior Construction Manager $155.00 $165.00 $175.00
Construction Manager / Sr. Inspector $130.00 $140.00 $150.00
Project Inspector $110.00 $120.00 $130.00
Lead Electrical- I/C Engineer $190.00 $200.00 $210.00
Project Electrical-I/c Engineer $160.00 $170.00 $180.00
Administrative/Clerical $80.00 $85.00 $90.00
Mileage Regulatory Rate Regulatory Rate Regulatory Rate
Direct Costs (added to external sources only) At Cost At Cost At Cost
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.
John McGinn, PE, On-Call Principal
Exhibit A: Consultant's Rate Sheet
Page 66
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson
Date: January 24, 2023
RE: Resolution 04-23 Transfer of Ownership from KNH I&E, Inc. dba Rocky
Mountain Discount Liquor to Goldsang Inc. dba Rocky Mountain Discount
Liquor, 350 W Riverside Drive, Retail Liquor Store License
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Transfer an existing liquor license located at 350 W Riverside Drive to the applicant,
Goldsang Inc.
Present Situation:
A Retail Liquor Store license is currently held at the location referenced above by KNH
I&E, Inc. dba Rocky Mountain Discount Liquor. The applicant is requesting a transfer of
the license and submitted a complete application to the Town Clerk’s office on
December 12, 2022, and a temporary permit was issued January 12, 2023. The
temporary permit authorizes the transferee to continue the sale of alcohol as permitted
under the current license while the application to transfer ownership of the license is
pending. The applicant submitted all necessary paperwork and fees and is aware of the
TIPS training requirement.
Proposal:
The Town Board to review and consider the application to transfer the existing license
to Goldsang Inc. dba Rocky Mountain Discount Liquor.
Advantages:
The transfer of the license provides the business owner with the opportunity to continue
operating an existing, liquor-licensed establishment without an interruption of service to
its clientele.
Disadvantages:
The business owner is denied the opportunity to continue operating an existing liquor-
licensed business during the licensing process.
TOWN CLERK’S OFFICE Memo
Page 67
Action Recommended:
Approval to transfer the existing Retail Liquor Store license to Goldsang Inc. dba Rocky
Mountain Discount Liquor.
Budget:
The fee paid to the Town of Estes Park for a Retail Liquor Store license transfer is
$1086. The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the renewal fee payable to the
Town for a Retail Liquor Store license is $636 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny Resolution 04-23 for the transfer of Retail Liquor Store license
filed by Goldsang Inc. dba Rocky Mountain Discount Liquor.
Attachments
1. Procedures for Transfer
2.Resolution 04-23
3.Application
4.Individual History
5. Diagram
6.Police Report
Page 68
January 2023
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
MAYOR.
The next order of business is convening the Liquor Licensing Authority for the Town of
Estes Park. A public hearing on the application to transfer a Retail Liquor Store license
held by KNH I&E, Inc. dba Rocky Mountain Discount Liquor to Goldsang Inc. dba Rocky
Mountain Discount Liquor located at 350 W. Riverside Drive, Estes Park, Colorado.
TOWN CLERK.
Will present the application to transfer a Retail Liquor Store license to Goldsang Inc. dba
Rocky Mountain Discount Liquor and confirm the following:
The application was filed December 12, 2022 .
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Inc. .
There is a police report with regard to the investigation of the applicants.
Status of T.I.P.S. Training:
Unscheduled Completed X Pending Confirmation
MAYOR.
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.
MOTION:
I move that Resolution XX-23 be approved/denied to transfer a Retail Liquor Store license held
by KNH I&E, Inc. dba Rocky Mountain Discount Liquor to Goldsang Inc. dba Rocky Mountain
Discount Liquor located at 350 W Riverside Drive, Estes Park, Colorado.
CLOSING:
I declare the Liquor Licensing Authority for the Town of Estes Park is adjourned and I now
reconvene the regular Town Board meeting.
ATTACHMENT 1
Page 69
RESOLUTION 04-23
APPROVING A TRANSFER OF A RETAIL LIQUOR STORE LICENSE FROM KNH I&E,
INC. DBA ROCKY MOUNTAIN DISCOUNT LIQUOR TO GOLDSANG INC. DBA ROCKY
MOUNTAIN DISCOUNT LIQUOR, 350 W RIVERSIDE DRIVE, ESTES PARK, CO 80517
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 January 24, 2023
for a Transfer of a Retail Liquor Store License, filed by KNH I&E, Inc. dba Rocky Mountain
Discount Liquor to Goldsang Inc. dba Rocky Mountain Discount Liquor, 350 W Riverside
Drive, Estes Park, Colorado; and
WHEREAS, C.R.S. § 44-3-303 and § 44-3-307 and Regulation 304 requires the
licensing authority to consider the requirements outlined in said sections for a transfer
application; and
WHEREAS, the Board of Trustees finds application meets the requirements
outlined in the aforementioned sections of the statutes and liquor regulations for the
granting of this transfer of a liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
The Board approves the application for a Transfer of a Retail Liquor Store License,
filed by Goldsang Inc. dba Rocky Mountain Discount Liquor, 350 W Riverside Drive, Estes
Park, Colorado.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 2
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ATTACHMENT 3
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ATTACHMENT 4
Page 76
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ATTACHMENT 5
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ATTACHMENT 6
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Page 82
1
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on PLANNING COMMISSION
ACTION ITEM 1.A. RESOLUTION 05-23 SECOND SUPPLEMENTAL CONDOMINIUM
MAP, THE MEADOWS AT WILDFIRE CONDOMINIUMS, 1802 WILDFIRE ROAD,
WILDFIRE HOMES LLC, APPLICANT.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
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.
Review any conditions for approval not in the staff report.
3. APPLICANT.
The applicant makes their presentation.
4. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
application. 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.
5. REBUTTAL.
The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
Page 83
2
6. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
application.
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.
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.
Page 84
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeffrey Woeber, Senior Planner
Date: January 24, 2023
RE: Resolution 05-23, Second Supplemental Condominium Map, The
Meadows at Wildfire Condominiums, 1802 Wildfire Road, Wildfire Homes
LLC, Applicant
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing to consider an application for a Supplemental Map for one
building (Building H) within the Meadows at Wildfire Condominiums, and review for
compliance with the Estes Park Development Code (EPDC).
Present Situation:
The subject property is legally described as Lot 1, Block 1 of Wildfire Homes
Subdivision, and is 5.19± acres in size. The site is zoned RM- Multi-Family Residential.
This is part of the “Wildfire” project, which consists of 43 total lots. One lot will be for
office use, 14 lots for detached single-family homes, 26 lots for townhomes, and 2 lots
for condominium projects including the subject condominium project, “The Meadows.”
The Meadows received approval of a Preliminary Condominium Map and a
Development Plan in late 2019. The condominium projects were approved as
workforce housing, in accordance with the EPDC. Each of the nine buildings will contain
eight condominium units.
Development of the Meadows Condominiums is underway. A Condominium Map for
Building F was approved by the Town Board on January 11, 2022. Each subsequent
building involves a “Supplemental Map,” with the First Supplemental Map for Building E
reviewed and approved by the Town Board on February 22, 2022.
Page 85
Proposal:
In order to comply with EPDC and Statutory requirements for condominiums, a
Supplemental Map depicting the precise location of each building, along with scaled,
dimensioned drawings of the interior layout of each, is filed for recordation in the
records of the Larimer County Clerk and Recorder. This Second Supplemental Map for
Building H requires review and approval by the Town Board of Trustees.
Advantage:
•This proposal complies the applicable standards of the EPDC, specifically:
Section 3.9.E “Standards of Review” for subdivisions, and Section 10.5.H
“Condominiums, Townhouses and Other Forms of Airspace Ownership.”
Disadvantages:
None identified.
Action Recommended:
Staff recommends approval of Resolution 05-23.
Finance/Resource Impact:
Little or none.
Level of Public Interest
Low. The Community Development Department has not received any verbal or written
public comments or inquiries to date.
Sample Motion:
I move that the Town Board of Trustees approve Resolution 05-23.
I move that the Town Board of Trustees deny Resolution 05-23, finding that [state
findings for denial].
I move to continue Resolution 05-23 to the next regularly scheduled meeting, finding
that [state reasons for continuance].
Attachments:
1. Resolution 05-23
2.Vicinity Map
3.Statement of Intent
4.Application Form
5. Supplemental Map
Page 86
RESOLUTION 05-23
APPROVING THE SECOND SUPPLEMENTAL CONDOMINIUM MAP OF THE
MEADOWS AT WILDFIRE CONDOMINIUMS, LOT 1, BLOCK 1, WILDFIRE HOMES
SUBDIVISION
WHEREAS, an application for the Second Supplemental Condominium Map of
The Meadows at Wildfire Condominiums, which legally establishes Building H, was filed
by Wildfire Homes LLC (owner); and
WHEREAS, The Meadows at Wildfire Condominiums, located on Lot 1, Block 1,
Wildfire Homes Subdivision, and being within an RM (Multi-Family Residential) Zone
District, has received approval of a Preliminary Condominium Map and a Development
Plan as required by the Estes Park Development Code; and
WHEREAS, the Board of Trustees finds the applicant has complied with the
applicable requirements of the Estes Park Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Second Supplemental Condominium Map for the Meadows at Wildfire
Condominiums is hereby approved.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 87
Site Location
LAKE ESTES
BIG
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ELK
TRAILCT
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WILDFIRERD
LAKEFRON T S T
LONE
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DR
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D E E R P ATH CT
PINE LN
RAVE
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NORTH R ID G E LN
BELLEV U E DR
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RE D TAIL HA WK DR
OLYMPIANLN
M A C CRACKEN L N
GRAY HAWK CT
MOU N T AI N V I L L A GELN
BEACH LN
RAVEN CT
S O A RINGCIR
AXELL RD
0 250 500
Feet -Town of Estes ParkCommunity Development
Printed: 12/22/2021
Created By: Jeff Woeber
Project Name:
Project Description:
The Meadow Condominiumsat Wildfire
Condominium MapFor Illustrative Purposes Only
ATTACHMENT 2
Page 88
STATEMENT OF iNTENT
Second Supplemental Map of the Meadows at Wildfire Condominiums
Lot 1,Block 1,Wildfire Homes Subdivision
Building H
The property owner of the proposed Condominium Subdivision is:Wildfire Homes LLC,P0
Box 12,Glen Haven,CO 80532.
This is the third Condominium Map (Second Supplemental)for the Meadows at Wildfire which
is located on Lot 1,Block 1 of the Wildfire Subdivision.The Wildfire Subdivision is a Town
approved subdivision and is recorded at Reception No.20200060501.The subdivision was
recorded August 6,2020.This third Condominium Map is just for Building H and since it
follows the original Condominium Map it is a supplemental map.Several more supplemental
Condominium Maps will follow for Buildings A,B, C,D,G,and I.Future Condominium Maps
may include more than one building.
Lot 1,Block 1 has been annexed into the Town of Estes Park. The Annexation Map is recorded
at Reception No.20200060498.This Condominium Development is consistent with the
previously approved Development Plan.Each Condominium Building will have 8 Units meeting
the Estes Valley Development Code definition for Workforce Housing Units
Please accept this STATEMENT OF INTENT,the APPLICATION,and the CONDOMINIUM
MAP,itself (4 Sheets).The DECLARATION OF THE MEADOWS AT WILDFIRE
CONDOMINIUMS is referenced on and was recorded with the previously approved
Condominium Maps for Buildings E &F.
Thank you for your consideration of this submittal.
flri[
COMMUNTTYIrVi or F
ATTACHMENT 3
Page 89
ESTES PARK PLANNING DEPARTMENT
ISubmittal Date:December 15,2022
APPLICATION
C
8000
C)
P re-App
Development Plan
Special Review
Preliminary Subdivision Plat
Final Subdivision Plat
Minor Subdivision Plat
Amended Plat
Boundary Line Adjustment
ROW or Easement Vacation
Street Name Change Time
Rezoning Petition
Annexation Request
Extension
nsL_r:Pl ,cjf,LJ,
Condominium Map
o Preliminary Map
o Final Map
®Supplemental Map
Project Name
‘Project Description
‘Project Address
Legal Description
ID #
Second Supplemental Map of the Meadows at Wildfire Condominiums -Lot 1,BLock 1,Wildfire Homes Subdivision
FinaL Condominium Map for Building H
1802 WiLdfire Road
LOt 1,Block 1,WiLdfire Homes Subdivision
2520217001
Name of Primary Contact Person Mark Westover,WiLdfire Homes LLC
Complete Mailing Address
Primary Contact Person is
L]Application fee
Statement of intent
E 2 copies (folded)of plat or plan
E 11”X 17’reduced copy of plat or plan
00000
C0 j
5.2 Acres
Multi Family
Area of Disturbance in Acres
Residential Condominiums
MultiFamiLy Residential Condominiums
46%impervious for alL of Lot 1LotSize
____________________________
Existing Land Use
Proposed Land Use
Existing Water Service Town
Proposed Water Service E Town
Existing Sanitary Sewer Service
Proposed Sanitary Sewer Service
Is a sewer lift station required?
Existing Gas Service Xcel
Existing Zoning RM
Site Access (if not on public street)
Are there wetlands on the site?
El Well)Well
El
El
El
El
fl None El Other (specify)
El None El Other (specify)
EPSD UTSD
EPSD E UTSD
Yes
Other El
Proposed Zoning
WiLdfire Road (PubLic Street)
El Septic
fl Septic
No
None
None
RM
I
El Yes
Site staking must be completed at the time application is submitted.Complete?
ENo
P0 Box 12,Glen Haven,CO 80532
E Yes El No
P1 Owner El Applicant El Consultant/Engineer
[3 Digital Copies of plats/plai
planningestes.org
Sign Purchase ($10)
to
Please review the Estes Park Development Code Appendix B for additional su
may include ISO calculations,drainage report,traffic impact analysis, geologic hazard mit
‘wildfire hazard mitigation report,wetlands report,andlor other additional information.
Town of Estes Pork .P0.Box 1200 ,.170 MacGregor Avenue .Estes Park,CO 80517
Communily Development Deportment Phone:(970l 577-3721 .Fax:(970)586-0249 .www.esles.org/CommunityDevelopment
Revised 2020.04.23 ks
ATTACHMENT 4
Page 90
Record Owner(s)Mark Westover,WiLdfire Homes LLC
Mailing Address P0 Box 12,GLen Haven CO 80532
Phone 970-586-9342
Cell Phone 970-481-9821
Fax n/a
Email Mark®westoverconstruction.com
Applicant Same as owner
Mailing Address
Phone
Cell Phone
Fax
Email
ConsultantlEngineer Van Horn Engineering and Surveying Inc.
Mailing Address 1043 Fish Creek Road
Phone 970-586-9388
Cell Phone 970-443-3271 (Lonnie SheLdon)
Fax n/a
Email tonnie®vanhornengineeringcom
fl
Contact Information
APPLICATION FEES
For development within the Estes Park Town limits See the fee schedule included in
your application packet or view the fee schedule online at
www.estes.org/planningforms
All requests for refunds must be made in writing.All fees are due at the time of submittal.
MINERAL RIGHT CERTIFICATION
Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans,Special Reviews,
Rezoning,Preliminary and Final Subdivision Plats,Minor Subdivision Plats if creating a new lot,and Preliminary and Final
Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface
estate and the mineral estate have been severed.This notice must be given 30 days prior to the first hearing on an application
for development and meet the statutory requirements.
Names:
I hereby certify that the provisions of Section 24-65.5-103 CRS have been met.
Record Owner
Signatures:
PLEASE PRINT:;V /1,L K*O d
L.
Applicant PLEASE PRINT:/,t
Record Owner
Ai’iark Ith.thwr
7e:UJ4J1 4JJj7hZ
Applicant (li/tA Jt 1diCt’iLb’U Date
Date
Revised 2020.04.23 ks
Page 91
APPLICANT CERTIFICATION
I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing the application I am acting with the knowledge and consent of the owners of the property.
I In submitting the application materials and signing this application agreement,I acknowledge and agree that the
application is subject to the applicable processing and public hearing requirements set forth in the Estes Park
Development Code (EPDC).
I I acknowledge that I have obtained or have access to the EPDC,and that!prior to filing this application,I have had the
opportunity to consult the relevant provisions governing the processing of and decision on the application.
The Estes Park Development Code is available online at:
http//www estes.orp/DevCode
I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by
the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC.
I understand that this proposal may be delayed in processing by a month or more if the information provided is
incomplete,inaccurate,or submitted after the deadline date.
I understand that a resubmittal fee will be charged if my application is incomplete.
The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to
my property during the review of this application.
I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet
the deadlines shown on said schedule may result in my application or the approval of my application becoming null and
void.I understand that full fees will be charged for the resubmittal of an application that has become null and void.
Names:
Record Dwner PLEASE PRINT:c&//tv4 44ir tA4Pijo L,-’..
Applicant PLEASE PRINT.3’JJ)J/14 ///ti tt,”t67&’efr
Signatures:.-////
_
Record Owner 6
___________
Date
Applicant //‘i’-i /
.d//A ._.zt Date
PpvicRrl 9fl9fl flA 9 L’c
Page 92
ATTACHMENT 5
Page 93
UP
Page 94
DN UP
Page 95
DN
Page 96
Page 97
The Meadows at Wildfire Condominiums
Second Supplemental Condominium Map
Wildfire Homes, LLC (Owner/Applicant)
A Supplemental Condominium Map is filed for
each of the nine buildings in The Meadows
project.
This is a scaled, dimensioned drawing
depicting the precise location of the building,
as well as the layout and interior.
Buildings F and E approved previously by
Town Board.
This is a request for review and approval of
Building H.
1
Town of Estes Park Board of Trustees, January 24, 2023
Wildfire Subdivision
Town of Estes Park Board of Trustees, January 24, 2023
Map of the Meadows at Wildfire Condominiums
Supplemental Condominium Maps go
only to Town Board.
Staff finds the Supplemental
Condominium Map complies with
applicable Sections of the Estes Code.
Referred for comment to review
agencies.
Public notice was provided per Estes
Code requirements.
There has been no opposition.
Staff recommends approval.
4
Page 98
POLICE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: David Hayes, Chief of Police
Date: January 24, 2023
RE: Police Department Reorganization
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To consider a reorganization of the Police Department to ensure efficient delivery of
quality police services to residents and visitors of the Estes Valley.
Present Situation:
The Police Department consists of the Police Chief, with two Captains and an Executive
Assistant as direct reports. Each Captain then supervises either Operations, which
includes Police Sergeants, Sworn Patrol Officers, and the Administrative Lieutenant or
the Support Services which includes the Dispatch Center, Restorative Justice Program,
Code Enforcement, and Records. As there is no specific designation for who is next in
charge when the Police Chief is out of office, this can create some challenges for
supervision and communication, both internally and externally.
The Administrative Lieutenant position was created in 2019 and was added as a layer
between the Sergeants and the Captains to provide administrative support without
additional decision-making authority. The department has an ongoing need to interface
with other agencies and liaison with groups at a higher level above the authority of the
Administrative Lieutenant. The department wants to develop employees in their current
roles and enable them to take the next step forward in the organization. The
Administrative Lieutenant position doesn’t provide this type of professional development
nor career path. An employee could make a step from a Sergeant to Captain without
the step of Administrative Lieutenant.
Proposal:
Staff recommends authorizing the elimination of the Administrative Lieutenant position
and utilizing those funds and the FTE to create a Deputy Police Chief position. A
structure with a Deputy Chief would mirror other similar Police Departments such as
Page 99
Louisville, Lafayette, and Erie. While not all departments have a Deputy Chief, it is rare
that a department our size would have an Administrative Lieutenant.
Additionally, the Deputy Chief position will help to ensure that specific administrative
tasks are housed under one job description and have a designated responsible party.
Some of these include:
• General day-to-day oversight of the two Divisions, with the Captains also having a
direct line of communication with the Police Chief for special projects they may be
assigned and to provide direct input to the Chief on procedural matters.
• Assist in the development of the Annual Budget
• Liaison with the National Park Service (Rangers), Restorative Justice Board, Victim
Advocate Services Board, and the Co-responder Program Board
• Assist in the evaluation of the emergency management function
• Assist in the development and monitoring of town-wide Measurable Outcomes for
the Police Department
• Development of career and promotion guide for department personnel providing
clean guidance and professional development for all department personnel as well
as those seeking promotional opportunities
• Works directly with the Public Information Officer and other staff assigned to
communications to facilitate public information and engagement for the Police
Department.
• Grant oversight
• Special Projects as assigned
The Deputy Chief will be a direct report of the Police Chief and have designated
authority when the Police Chief is out of office. The Deputy Chief will be a direct
supervisor of the two Captains (the proposed Organizational Structure); however, some
specific tasks will be designated to come to the Chief directly (such as internal
investigations). The Deputy Chief and Captains will all serve on the Chief’s Leadership
Team/Command Staff, which will help facilitate communication and set the overall
direction as well as establish the Department’s Mission-Essence, Vision and Values.
Advantages:
• This structure will allow staff to share functional knowledge and experience, which
will help strengthen our bench strength as an organization as well as prepare
individuals for career growth opportunities. Additionally, it is anticipated that the
Captains will rotate supervision routinely, helping employees to gain knowledge in
different functional areas.
• Allow for a clear chain of command when the Police Chief is out of office.
• Allow for additional efficiency, autonomy and direct communication – communication
is encouraged. Allow Department to take on additional responsibilities and services, with
direct responsibility in the Deputy Chief position.
Page 100
Disadvantages:
•There will be additional ongoing cost to the organization to hire a Deputy Police
Chief versus an Administrative Lieutenant.
Action Recommended:
The Town Administration, Human Resources, and the Police Department recommend
the reorganization and the creation of the Deputy Chief of Police position.
Finance/Resource Impact:
There are sufficient funds in the 2023 budget to absorb the cost of the proposed
restructuring due to the expected duration of vacant positions in the department. The
restructuring proposal has an estimated ongoing change in yearly expense of
approximately $26,952 (depending on individual hiring placement in the pay plan and
benefits elected).
Level of Public Interest
The level of public interest in considered low; however, the interest within the
department is considered high. This reorganization has impacts to individual
employees within the department and has ongoing impacts on the operations of the
department. The change provides the same number of promotional opportunities and it
allows the department to increase its overall bench strength in terms of being better
prepared for the future.
Motion:
I move to approve/deny the Police Department Reorganization
Attachments:
1.Current and proposed organizational charts.
Page 101
Current Organizational Chart
Police Chief
Police Captain
(Operations)
Administrative
Lieutenant
Patrol Sergeants
(4)
Sworn Patrol
Officers (13)
School Resources
Officer
Community
Services Officers (8)
Sworn Patrol
Officers (Detectives)(2)
Code Enforcement
Officer
Police Captain
(Support Services)
Communications
Center Manager
Dispatchers (10)
Restorative Justice
Program Manager
Restorative Justice
Program Coordinator
Records
Technician III
Records
Technician I (Part-Time)
Executive Assistant
ATTACHMENT 1
Page 102
Proposed Organizational Chart
Page 103
Page 104
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Greg Muhonen, Public Works Director
Date: January 24, 2023
RE: Resolution X-23 Conditionally Approving a Construction Contract with
Mountain Constructors, Inc. for the Construction of a Roundabout at the
Intersection of US 36 and Community Drive
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Obtain conditional Town Board approval of the construction contract with Mountain
Constructors, Inc. for the construction of the roundabout project at the US 36 and
Community Drive intersection.
Present Situation:
The need for improvements at the intersection of US 36 and Community Drive was
identified in the traffic study prepared in November 2009 for the Town's Events Center
project. Because the new Events Center would result in increased traffic through the US
36 and Community Drive intersection, the Colorado Department of Transportation
(CDOT) designated the Town as the responsible party to determine and construct the
improvements. In 2014, CDOT agreed to allow the Town to defer construction of
proposed turn lanes due to the 2013 flood recovery efforts underway at that time. Since
then, this project has undergone several design changes, and in 2018 proposed a
roundabout as the best solution. After receiving additional CDOT and Town funding in
September of 2022, the Town released an Invitation to Bid and received one bid.
COMPANY CITY TOTAL FEE
Mountain Constructors, Inc Platteville, CO $2,987,737.38
Engineer’s Estimate $2,986,669.24
The bid received from Mountain Constructors indicated 8.5% of the contract work will be
performed by Disadvantaged Business Enterprises. This is below the 10.5% goal set
by CDOT in the contract documents. The contractor and CDOT are negotiating
Page 105
resolution to this shortfall, and CDOT will not issue their Concurrent to Award this
contract until this matter is resolved to the satisfaction of the CDOT Civil Rights staff.
Positive resolution is expected by February 3, 2023.
Proposal:
Public Works staff propose conditionally approving the construction contract with
Mountain Constructors in the amount of $2,987,737.38 so that construction may begin
in February and be completed by mid-June, 2023. Construction management will be
performed by Cornerstone Engineering & Surveying, Inc. This approval is contingent
upon staff receipt of the Concurrence to Award from CDOT and the signed contract
from Mountain Constructors, Inc prior to contract signature by the Mayor.
Advantages:
• Conditional approval authorizes construction to commence quickly without the
delay associated with delaying Town Board action to the February 14, 2023
meeting.
• Construction of this project will improve the safety for all traffic in this intersection,
particularly for westbound left-turning motorists on US36.
• Completion of the project will fulfill the 2009 CDOT requirements for the
intersection improvement.
Disadvantages:
• Total construction costs are projected to exceed the current budgeted funding,
resulting in the need to again appropriate additional funds to the project as
described below. However, the current economic climate has resulted in
substantial construction cost increases across the board, and additional
unallocated funds are available to make the project whole. Also, it is uncertain
that re-bidding the project at a later date would yield more favorable bids and
could result in even higher costs, thus delaying and jeopardizing the project.
• Traffic flow will be disrupted in the proposed work areas during construction.
Action Recommended:
Public Works staff recommend that the Town Board approve Resolution 06-23 to
conditionally approve the US 36 and Community Drive roundabout construction contract
with Mountain Constructors, Inc. in the amount of $2,987,737.38, and authorize Public
Works staff to spend an additional amount up to $149,386.87 (5%) if needed to address
unanticipated conditions encountered during construction. The maximum expenditure
amount to the construction contractor is $3,137,124.25.
Finance/Resource Impact:
Budgeted funds exist to pay the contractor (including contingency), but are insufficient
to also pay the Town’s Power & Communication staff to relocate the conflicting electrical
facilities ($145,100) and provide landscaping materials for installation by the PW Parks
staff ($35,000). A future budget appropriation in the amount of $180,100 will be needed
to pay these internal costs for Town staff work on the project. These additional funds
are available in the 2023 construction reserve budget line item.
Page 106
The current funding for the full project (design and construction) is $3,359,070 and
consists of:
Federal funds: $1,460,000
Local funds: $1,349,070
State funds: $ 550,000
Level of Public Interest
The level of public interest in this project has been moderate, and is expected to
increase when the construction impacts are active.
Sample Motion:
I move for the approval/denial of Resolution 06-23.
Attachments:
1. Resolution 06-23 Approving a Construction Contract with Mountain Constructors
2. Construction Contract – US 36 & Community Drive RAB
Page 107
RESOLUTION 06-23
CONDITIONALLY APPROVING A CONSTRUCTION CONTRACT WITH MOUNTAIN
CONSTRUCTORS, INC. FOR THE CONSTRUCTION OF A ROUNDABOUT AT THE
INTERSECTION OF US 36 AND COMMUNITY DRIVE
WHEREAS, the Town Board wishes to enter into the construction contract
referenced in the title of this resolution for the purpose of intersection construction.
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 construction contact
referenced in the title of this resolution in substantially the form now before the Board,
on the condition that the Colorado Department of Transportation first formally concur in
the award of the contract, and further authorizes the Public Works staff to pay Mountain
Constructors, Inc. up to a total amount of $3,137,124.25 if needed to address
unanticipated conditions encountered during construction.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 108
CONSTRUCTION CONTRACT
TOWN OF ESTES PARK
US 36 & COMMUNITY DRIVE ROUNDABOUT
FEDERAL HIGHWAY PROJECT NO. AQC M405-024
PROJECT CODE 23040
THIS CONTRACT is made at the Town of Estes Park, Colorado, by and between the Town of
Estes Park, Colorado (Town), a Colorado municipal corporation, and Mountain Constructors,
Inc. (Contractor), a Colorado corporation whose address is PO Box 405, 622 Main Street,
Platteville, Colorado 80651.
In consideration of these mutual covenants and conditions, the Town and Contractor agree as
follows:
SCOPE OF WORK. The Contractor shall execute the entire Work described in the Contract
Documents.
CONTRACT DOCUMENTS. The Contract incorporates the following Contract Documents.
In resolving inconsistencies among two or more of the Contract Documents, precedence will be
given in the same order as enumerated.
LIST OF CONTRACT DOCUMENTS.
The Contract Documents, except for Modifications and Change Orders issued after execution of
this Agreement, are:
1. Change Orders;
2. Construction Contract;
The following addenda, if any:
i. Number 1 Date 12/12/22 Page(s) 26
ii. Number 2 Date 12/14/22 Pages (s) 1
3. The following Special Conditions of the Contract:
i. Document Project Special Provisions Title Colorado Department
of Transportation, US 36 and Community Drive Roundabout, Project
Special Provisions Page(s) 1-60
ii. Document Standard Special Provisions (as listed in the Project Special
Provisions)
4. Town of Estes Park General Conditions;
5. The following Technical Specifications:
i. Document CDOT Technical Specifications Title CDOT “2022”
Standard Specifications for Road and Bridge Construction Division 100-
700
Page 109
TOWN OF ESTES PARK
US 36 & COMMUNITY DRIVE ROUNDABOUT
FEDERAL HIGHWAY PROJECT NO. AQC M405-024, PROJECT CODE 23040
Agreement for Construction Contract--Page 2 of 5
6. The following Drawings:
i. Title Town of Estes Park, Construction Plans for Federal Aid Project
NO. AQC M405-024, US Highway 36 & Community Drive Roundabout,
Estes Park, Colorado, Project Code 23040
Date November 17, 2022
7. Notice to Proceed;
8. Notice of Award;
9. Invitation to Bid;
10. Bid Bond;
11. Bid Proposal;
12. Bid Schedule;
13. Instructions to Bidders;
14. Performance Bond and Payment Bond;
15. Insurance Certificates;
16. Bidder’s Qualifications and Data;
17. Subcontractors and Related Data;
18. CDOT Form 606 Anti Collision Affidavit;
19. CDOT Form 1413 Bidder List;
20. CDOT Form 1414 Anticipated DBE Goals;
21. Construction Progress Schedule;
22. FHWA Form 1273, Federal Bid and Contract Provisions; and
23. Any other documents listed as Contract Documents in the General Conditions.
CONTRACT PRICE. The Town shall pay the Contractor for performing the Work and the
completion of the Project according to the Contract, subject to change orders as approved in
writing by the Town, under the guidelines in the General Conditions. The Town will pay the base
sum of $2,987,737.38 DOLLARS (Contract Price), to the Contractor, subject to full and
satisfactory performance of the terms and conditions of the Contract. The Town has
appropriated sufficient money for this work.
COMPLETION OF WORK. The Contractor must begin work covered by the Contract within
10 work days, of the Notice to Proceed and must complete work by June 16, 2023.
LIQUIDATED DAMAGES. If the Contractor fails to substantially complete the Work within
the time period described above, or within such other construction time if modified by a change
order, the Town may permit the Contractor to proceed, and in such case, may deduct the sum of
4,300 (Per Section 108.09 of CDOT Standard Specification) for each calendar day that the
Work shall remain uncompleted from monies due or that may become due the Contractor. This
sum is not a penalty but is the cost of field and office engineering, inspecting, interest on
financing and liquidated damages.
The parties agree that, under all of the circumstances, the daily basis and the amount set for
liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for
delay. The Town expends additional personnel effort in administrating the Contract or portions
of it that are not completed on time, and such efforts and the costs thereof are impossible to
accurately compute. In addition, some, if not all, citizens of Estes Park incur personal
inconvenience and lose confidence in their government as a result of public projects or parts of
them not being completed on time, and the impact and damages, certainly serious in monetary as
Page 110
TOWN OF ESTES PARK
US 36 & COMMUNITY DRIVE ROUNDABOUT
FEDERAL HIGHWAY PROJECT NO. AQC M405-024, PROJECT CODE 23040
Agreement for Construction Contract--Page 3 of 5
well as other terms are impossible to measure.
SERVICE OF NOTICES. Notices to the Town are given if sent by registered or certified mail,
postage prepaid, to the following address:
TOWN OF ESTES PARK
Public Works Department
PO Box 1200
Estes Park, CO 80517
INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor
obtains, at the Contractor's own expense, all required insurance as specified in the General
Conditions. Such insurance must have the approval of the Town of Estes Park as to limits, form
and amount.
RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save
harmless, and defend the Town, its officers and employees, from and in all suits, actions or
claims of any character brought because of: any injuries or damage received or sustained by any
person, persons or property because of operations for the Town under the Contract; the
Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of
materials while constructing the Work; because of any act or omission, neglect or misconduct of
the Contractor; because of any claims or amounts recovered from any infringements of patent,
trademark, or copyright, unless the design, device, materials or process involved are specifically
required by Contract; from any claims or amount arising or recovered under the "Workers'
Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or
environmental liability; or any failure of the Contractor to comply with any other law, ordinance,
order or decree. The Town may retain so much of the money due the Contractor under the
Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is
due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages
have been settled. Money due the Contractor will not be withheld when the Contractor produces
satisfactory evidence that the Contractor and the Town are adequately protected by public
liability and property damage insurance.
The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility
for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the
defense of the Town of Estes Park, its officers and employees, as additional insureds, the
Contractor agrees to pay for the cost of that defense.
Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the
Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs
resulting from its performance or nonperformance under the Contract.
STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as
an independent contractor and not as an agent or employee of the Town. No employee or official
of the Town will supervise the Contractor nor will the Contractor exercise supervision over any
employee or official of the Town. The Contractor shall not represent that it is an employee or
agent of the Town in any capacity. The Contractor and its employees are not entitled to
Town Workers' Compensation benefits and are obligated to pay federal and state income
tax on money earned pursuant to the Contract. This is not an exclusive contract.
Page 111
TOWN OF ESTES PARK
US 36 & COMMUNITY DRIVE ROUNDABOUT
FEDERAL HIGHWAY PROJECT NO. AQC M405-024, PROJECT CODE 23040
Agreement for Construction Contract--Page 4 of 5
THIRD PARTY BENEFICIARIES. None of the terms or conditions in the Contract shall give
or allow any claim, benefit, or right of action by any third person not a party to the Contract.
Any person except the Town or the Contractor receiving services or benefits under the Contract
shall be only an incidental beneficiary.
INTEGRATION. The Contract is an integration of the entire understanding of the parties with
respect to the matters set forth in it, and supersedes prior negotiations, written or oral
representations and agreements.
DEFINITIONS. The Definitions in the General Conditions apply to the entire Contract unless
modified within a Contract Document.
EXECUTED this day of , 2023.
TOWN OF ESTES PARK
Date
By:
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 , 2023.
Witness my hand and official seal.
My Commission Expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 112
TOWN OF ESTES PARK
US 36 & COMMUNITY DRIVE ROUNDABOUT
FEDERAL HIGHWAY PROJECT NO. AQC M405-024, PROJECT CODE 23040
Agreement for Construction Contract--Page 5 of 5
CONTRACTOR
Date
By:
Title:
State of )
ss:
County of )
The foregoing instrument was acknowledged before me by ,
Name of party signing)
as of
Title of party signing) (Name of corporation)
a corporation, on behalf of the corporation, this
State of incorporation)
day of , 3.
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 113
Page 114
TOWN ADMINISTRATOR
OFFICE
Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Deputy Town Administrator
Date: January 24, 2023
RE: Estes Valley Housing Needs Assessment and Strategic Plan – Final
Report
Objective:
Hear presentation and receive the Estes Valley Housing Needs Assessment and
Strategic Plan Final Report from Root Policy Research.
Present Situation:
Root Policy Research was selected through a competitive process in 2022 to conduct a
new housing needs assessment and develop a housing strategic plan for the Town.
After several months of research, community engagement, and report drafting, they are
prepared to deliver the Final Report.
Proposal:
Town staff proposes that the Town Board hear the presentation and receive the Estes
Valley Housing Needs Assessment and Strategic Plan Final Report from Root Policy
Research.
Advantages:
New information regarding the Estes Valley’s housing related needs and proposed
strategies for how to address them will help inform and guide the Town Board’s future
decision-making with respect to workforce and affordable housing.
Disadvantages:
None.
Action Recommended:
Staff recommends that the Town Board receive the Estes Valley Housing Needs
Assessment and Strategic Plan Final Report from Root Policy Research.
Finance/Resource Impact:
N/A
Level of Public Interest
High
Attachments:
1.LINK Estes Valley Housing Needs Assessment and Strategic Plan Final ReportPage 115
Root Policy Research
6741 E Colfax Ave, Denver, CO 80220
www.rootpolicy.com
970.880.1415
PREPARED FOR: PREPARED BY:
Town of Estes Park Root Policy Research
Estes Park Housing Authority OPS Strategies
Williford, LLC
CREATED:
January 2023
Estes Valley Housing
Needs Assessment
& Strategic Plan
ATTACHMENT 1
Table of Contents
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES i
Housing Strategic Plan
Introduction .......................................................................................................................... 1
Housing Vision, Goals, Objectives, and Values ................................................................ 2
Framework for Implementation ........................................................................................ 3
Priority Actions ..................................................................................................................... 4
Housing Needs Assessment
I. Demographic Profile
Key Findings ....................................................................................................................... I–2
Population .......................................................................................................................... I–2
Households ........................................................................................................................ I–6
Income and Poverty ......................................................................................................... I–8
II. Employment Profile
Key Findings ...................................................................................................................... II–1
Jobs .................................................................................................................................... II–1
Employees ......................................................................................................................... II–7
III. Housing Profile and Affordability Analysis
Key Findings ..................................................................................................................... III–1
Housing Stock .................................................................................................................. III–2
Rental Market .................................................................................................................. III–9
Ownership Market ........................................................................................................III–11
Income Restricted and Workforce Housing Inventory ............................................III–13
Affordability ...................................................................................................................III–14
Housing Need ................................................................................................................III–19
IV. Community Engagement Findings
Community Engagement Elements .............................................................................. IV–1
Key Findings ..................................................................................................................... IV–2
Resident and In-Commuter Survey Respondents ...................................................... IV–4
Seasonal Worker Survey Respondents ..................................................................... IV–15
Second Homeowner Survey Respondents ............................................................... IV–18
Estes Valley Stakeholder Perspectives ...................................................................... IV–21
Appendix A: Update on 2016 Recommendations
HOUSING STRATEGIC PLAN
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 1
Estes Valley Housing Strategic Plan
Introduction
The recommendations of this Action Plan were informed by the findings of the Housing
Needs Assessment update (Sections I-IV of this document), local stakeholder guidance, and
emerging best practices from other rural and resort communities in Colorado. Most
housing challenged communities select a blend of tools and strategies from across these
categories to address their housing needs:
Incentives;
Regulations;
Programs and local initiatives;
Housing preservation;
New housing development; and/or
Funding.
The successful passage of recent lodging tax ballot initiative will bring an estimated
$5million annually to support workforce housing and childcare. This important local
funding source provides the resources that will enable new and more extensive housing
solutions.
Process. This Housing Action Plan builds upon the work of the Estes Park Housing
Authority (EPHA), Town of Estes Park, Lodging Tax Exploration Committee, The Housing
Needs Assessment, and the consultant team’s research and observations. It provides a
starting place from which local decision makers can modify and apply strategies to address
housing issues, creating clear roles and responsibilities for implementation.
The Estes Park Housing Authority and Town of Estes Park should jointly solicit feedback
from the community on an ongoing basis to refine the action plan as proposed based on
real-time circumstances and opportunities, ensure that partner agencies are able and
willing to participate in proposed roles, and that the plan is widely understood and
generally supported in the community. The Housing Action Plan will likely need to be
updated every 3-5 years, as tasks are completed and local conditions evolve.
Relationship to other strategic documents. In the hierarchy of local policy
documents, this Housing Action Plan is intended to reside below the Comprehensive Plan,
which sets the big picture, long term vision for the community. This document takes
guidance from the Comprehensive Plan, and makes it more specific and actionable. This
document then in turn can be used to inform budgets and workplans for the Town of Estes
Park and EPHA, specific to housing.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 2
Housing Vision, Goals, Objectives, and Values
Vision. Working age households have stable, desirable housing in the Estes Valley,
enabling them to support our local economy, provide essential services, and thrive as vital
members of our community.
Goals. Create and preserve 550 to 700 dwelling units affordable to the local workforce
over the next five to seven years.
Objectives:
Increase the preservation and creation of workforce housing, so that the Estes Valley
begins to improve availability and affordability of housing to the workforce.
Match housing investments with areas of greatest need in the workforce community.
Create neighborhoods that are desirable, compatible and affordable for the long term.
Values. The following core values emerged during the strategic planning process.
Collaboration. No single entity can solve the complex problem of our workforce
housing shortage. A strong collaborative approach is needed between the two lead
agencies and across the broader community. The EPHA and Town of Estes Park will
use a collaborative framework to advance workforce housing solutions, engaging
partners, residents, funders, and other key stakeholders as appropriate.
Equity and Inclusion. All efforts to develop and preserve housing that is affordable
to the local workforce will be inclusive, and take particular care to support the
populations most negatively impacted by rising housing costs. Each project and
initiative that comes out of this strategic plan should proactively include and recruit
members from the most vulnerable populations to ensure that housing is being built
and marketed equitably.
Accountability and Stewardship. As stewards of taxpayer funds and the below
market housing inventory, Town of Estes Park and EPHA will create transparent
processes for allocating resources, prioritizing investments, ensuring fair access to the
housing created, and managing the housing resources for the long term. The Estes
Valley will bring the talent and resources of the local and regional community together
to address the financial gap that is a barrier to housing our workforce. Use State and
Federal resources strategically, when their requirements align with the local market
and community need. Leverage the expertise of the public and private sectors, to
manage risk and use limited resources efficiently.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 3
Framework for Implementation
Roles and Responsibilities. Clear roles and responsibilities, within a collaborative
framework, will help to create efficiency, transparency, and accountability. Recommended
roles are described within each strategy, and a summary is provided here.
Town of Estes Park Estes Park Housing Authority
Oversight of local housing funding Development partnerships
Land Use Policy, Land Use Review Process,
Building Permits and Inspections
Property management and Deed Restriction
Compliance
Code Enforcement Land and Property Acquisition; Affordable
Development
ADU Incentive Policy Deed Restriction Purchase Program
Land Use Code Updates and Missing Middle
Strategy
Reinvestment in existing affordable housing
inventory
ADU Incentive Program
Private sector and non-profit partners also bring knowledge, skills, and resources that are
vital to the success of this housing strategy. Private sector partners are anticipated to be
integral to design and construction of new housing. And non-profit partners are anticipated
to be engaged in service provision, funding, and development (e.g., Habitat for Humanity).
Market Indicators. The following market indicators can be helpful tools for
understanding long-term trends and their impacts on the local workforce. We recommend
that EPHA and the Town of Estes Park periodically check these indicators to understand the
evolving challenges and opportunities in the community. Some goals and objectives are
easy to quantify, such as number of workforce housing units created. Others may take
more time and study, and can be updated less frequently. For example, several measures
of success would be that 10 years from now the community has reversed key trend areas
that have been losing ground the past two decades.
Homes Occupied Year-Round—currently 56% (see Section III, page 3).
Number of Unfilled Jobs—currently 737 (see Section II, page 6).
People commuting for work—currently 33% (see Section II, page 7).
The number of households paying more than 30% of their income—currently 58% for
renters and 19% for owners (see Section III, page 15).
Rental Vacancy Rate—functional rental markets are typically 5-10%; current vacancy is
approaching zero (see Section III, page 6).
Rental and Ownership Affordability Gaps—cumulative rental gap currently 241 units;
cumulative purchase gap currently 34 percentage points (Section III pages 16 and 18).
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 4
Priority Actions
This housing action plan is intended to set out the actions and strategies that will achieve
the communities’ housing goals. Strategies are organized under preservation, new
supply, funding and policy, community outreach and client support, and capacity
building and can be applied to rental, owner, and seasonal workforce housing. Here is an
at-a-glance summary of proposed strategies, leadership, and timing. Detailed descriptions
of each strategy and action follow the table. The following chart creates a general outline of
how the tasks of this action plan might be sequenced over the next five years. The specific
sequencing can be refined through the annual work plan processes for the Town of Estes
Park and EPHA.
Strategies Summary and Timeline
Strategy and Action Lead Year
Agency 2023 2024 2025 2026 2027
Preservation
1 Property acquisition EPHA
2 Asset Plan Housing Authority Portfolio EPHA
3 Deed restriction buy down EPHA
4 Renovation, Rehab, Weatherization Energy
Resource Ctr.
New Supply
5 Current Project Success TOEP/EPHA
6 Partnerships EPHA
7 Land Acquisition EPHA
8 Employer Collaboration TBD
9 ADU incentives TOEP/EPHA
10 Fee Incentives TOEP
Funding and Policy
11 Program Development for Local
Sources TOEP
12 Leverage Outside Sources TOEP/EPHA
13 Development Code Updates TOEP
Community Engagement and Client Support
14 Home Purchase Assistance EPHA
15 Rent Assistance EPHA
16 Equity and Inclusion TOEP/EPHA
17 Education, outreach, and housing hub TOEP/EPHA
Organizational Capacity Building
18 Increase staff TOEP/EPHA
19 Systems development TOEP/EPHA
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 5
Preservation Strategies. For the overall community housing strategy to be
successful, retaining and improving the current inventory of housing that supports the
local workforce must go hand in hand with creating new opportunities. Four preservation
strategies are recommended for the Estes Valley: property acquisition, deed restriction
purchase, recapitalizing current affordable properties, and increasing weatherization and
renovation of individual homes and apartments.
1. Existing Property Acquisition. Purchase existing structures to house the local
workforce. Preserving housing resources that are currently occupied by the local
workforce but might be at risk of converting to a different use should be a top priority.
Some of these properties may be in need of significant maintenance and capital
improvements, which can be addressed immediately or over time, depending on the
situation. This strategy can be implemented by committing staff time to understanding
what properties are on the market, and approaching owners of properties that may not
be listed at this time. It also requires ability to move quickly through due diligence and
have access to the necessary funding sources to close on a purchase.
Lead Agency Estes Park Housing Authority
Partner Agencies Town of Estes Park (funding)
Local Funding
Needed
Varies, depending on acquisition opportunities; estimated to be
10-50% of acquisition price.
Staff Time Needed about .25 FTE
Five Year Goal 100 units preserved and enhanced
2. Review Housing Authority Portfolio and Recapitalize Existing Property.
Estes Park Housing Authority currently has 209 rental units under management, most
of which are over 20 years old. These are vital workforce and senior housing assets,
some of which need to be considered for capital improvements and/or repositioning in
the market. Lone Tree Village, which was built 23 years ago through the Low Income
Housing Tax Credit (LIHTC) program, is particularly in need of capital improvement.
Positioning the EPHA portfolio for long term sustainability will be a time and resource
intensive process, and has the potential to pull EPHA staff away from other central
strategies of this plan. For EPHA to serve as a primary implementor of this Housing
Action Plan, staffing resources for the current portfolio and these new initiatives will be
essential. Also consider adding new housing as part of recapitalization efforts, if sites
have underutilized land within or adjacent.
Lead Agency Estes Park Housing Authority
Partner
Agencies
Town of Estes Park (funding), CHFA (funding), CDOH (funding),
Renovation construction (private sector)
Local Funding
Needed
Early estimate for recapitalization of Lone Tree Village estimated $6.2
million; it is likely a significant portion of this could be raised from
sources outside the local community such as debt and tax credits.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 6
Staff Time
Needed
about 1 FTE, depending on the level of temporary resident relocation
and how much work is done in house versus contracted out
Five Year Goal Full asset management and capital needs assessments conducted on
the EPHA portfolio, and at least 57 units preserved and enhanced
3. Deed Restrictions Incentive and/or Buy Down Program. 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. Some
communities have also used this tool to preserve inventory that is currently owned or
leased by local workforce in place (in other words, only the deed restriction is
purchased, the property remains with the current owner). Vail InDeed in Vail, Housing
Helps in Summit, and Good Deed in the Gunnison Valley are examples.
Another variation of this tool is a “buy down,” where a public or non-profit entity
purchases homes and resells them at a lower price with a deed restriction in place.
A specific formula for limiting appreciation could create a balance between wealth
building, housing stability, and being attainable in the long term for future workforce
households. Eligibility could be based on local employment, and income and asset tests
of the buyer.
Lead Agency Estes Park Housing Authority
Partner Agencies Town of Estes Park (funding), private property owners
Local Funding Needed Estimated to be 15-20% the property value based on other
communities' experience.
Staff Time Needed about .5 FTE
Five Year Goal 20-30 units preserved and enhanced
4. Renovation, Rehabilitation, and Weatherization. The housing inventory in the
Estes Valley is old (over half of homes built before 1980). Escalating maintenance and
utility costs can erode affordability, and put housing further out of reach for the local
workforce. Investing in and enhancing the programs such as weatherization and
revolving loans for health and safety improvements that support lower income renters
and owners is another important housing preservation tactic. A deed restriction or an
income qualification can help to preserve the public investment. Using local funding
sources can make state and federal dollars go further, provide a higher level of
improvement to the home, and/or serve a more diverse range of workforce
households, extending support beyond federal eligibility standards (typically 200% of
federal poverty).
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 7
Lead Agency Energy Resource Center, Northern Colorado Office
Partner
Agencies
Town of Estes Park (funding), Colorado Division of Housing
(funding), local utility providers
Local Funding
Needed
Can range from $10,000-$80,000+ per home, depending on level of
improvements needed
Staff Time
Needed
TBD – depends on level of program enrichment. 1 FTE can typically
support improvements to about 8-10 homes per year.
Five Year Goal Goal for units preserved and enhanced to be determined through
program development
Increase Housing Supply. Housing production has not kept up with job growth in
the region, with particularly severe impacts to working age households. The Needs
Assessment establishes that more housing is needed across a wide range of price points,
tenure, size, and type (duplex, triplex, apartments, small houses, etc.). Increasing the
variety of housing choices will enable households across different life phases to thrive in
the Estes Valley. This includes young singles and couples, mid-career households,
households with children, multigenerational households, seasonal employees, and elders
who have retired from the local workforce. Housing choices and ability to move within the
local market are hallmarks of a healthy housing market, and will support attracting and
retaining the diverse range of employees needed in the community. Strategies for creating
additional supply include:
5. Ensure Success of Current Projects in the Development Pipeline. Three
projects are in the development pipeline: Prospector, Fish Hatchery, and Habitat for
Humanity. These projects face strong headwinds in light of high construction costs,
labor shortages and rising interest rates. The development teams working on them
have invested significant time and funding to get to where they are now, but their
success is not yet assured. If successful, these projects will do much to support
community housing needs.
Lead Agency Estes Park Housing Authority and Town of Estes Park
Partner Agencies Current project development teams
Funding Needed One-time gap filling funds and/or support in the form of
property tax exemption
Staff Time Needed Minimal
Five Year Goal Current projects are constructed and occupied by 2028
6. Public Private Partnerships for New Development. The Town of Estes Park
and/or Estes Park Housing Authority can partner with developers from the private or
non-profit sector to construct new workforce housing in the Estes Valley. Property
owned by local government or institutional employers and local funding could be
leveraged for this purpose. Other incentives could include support with extending
water, sewer and streets, density bonuses, fee waivers associated with the
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 8
development review process, tap fee amortization, property management, and/or
other subsidies. A goal of this strategy would be to have a well-planned development
pipeline that would support bringing a new development online each year. A typical
development takes several years from concept to construction completion.
Lead Agency Estes Park Housing Authority and Town of Estes Park
Partner Agencies Private sector developers, Habitat for Humanity, other non-
profit developers
Funding Needed Varies, depending on development opportunities
Housing created
Varies, depending on development opportunities, and ability
to increase production over historic levels. The five-year goal
would require 60-80 new units per year.
Staff Time Needed 1 FTE to support up to three projects at a time
Five Year Goal 300-400 units
7. Land Acquisition. Pursue use of existing government and institutionally owned land
to support housing goals, and purchase of land where workforce housing could be
developed in the future. Site control of developable land is one of the most critical
strategies for addressing the housing challenge in the long term. By giving a public
entity site control, this strategy can help do set the strategic direction for developable
land, prioritize housing as a community use, ensure good community engagement and
transparent public process are part of land use decisions, and (when the land is
brought to the project at low or now cost) begin to fill the gap between project costs
and what local workforce households can afford.
Current sites that are already under consideration for housing include Town owned
parcels at Dry Gulch and Stanley Circle, and EPHA owned land at Castle Ridge. Both
entities should continue to pursue development feasibility analysis and planning for
these sites, in the hopes that some or all of them could be shovel ready in three-five
years.
Non-profit and mission driven developers such as Habitat for Humanity need additional
developable lots to continue their work in the community. Estes Park Housing Authority
is in a good position to act as a buyer. Land could be held by EPHA or a subsidiary of
EPHA such as an LLC or Community Land Trust.
Additional strategies related to land acquisition include creating an inventory of
institutional and government owned land, considering land swaps between entities,
and coordinating closely between government agencies with regard to where and when
various streets and utilities have the opportunity to be extended.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 9
Lead Agency Estes Park Housing Authority
Partner Agencies Town of Estes Park
Funding Needed TBD, depending on land costs and ability to leverage outside
funding sources
Staff Time Needed .25-.5 FTE
Five Year Goal Proceed with development feasibility on three current parcels, and
acquire at least three additional parcels for future housing needs.
8. Employer Housing Forum and Collaborative Effort Employers are already, of
necessity, engaging in housing solutions in the community, purchasing properties and
supporting employees as they search for housing. We recommend that the community
increase and formalize employer engagement on housing solutions. This could take the
form of an employer forum and implementation plan hosted and coordinated through
the Town in close partnership the Economic Development Corporation and the
Chamber of Commerce. Employers have resources that can make housing feasible:
staff expertise, land, and access to funding. They also have acute needs for housing,
and can benefit from dedicated housing resources for their employees. The employer
forum could be an opportunity for employers to collaborate on specific sites and
initiatives, and share best practices for master leasing and owning employee units. Two
of the primary barriers to employers entering the employee housing arena are (1) cost
and (2) reluctance to become overly involved in their employees’ lives as landlords. The
Town could assist in mitigating costs, by making employers eligible for local funding or
purchase of deed restricted units. The Housing Authority could mitigate landlord
concerns by providing property management to employer owned or master leased
homes and apartments.
Lead agency Town of Estes Park
Partner Agencies Estes Park Economic Development Corporation, Chamber of
Commerce, EPHA, School District, County, local employers
Funding Needed
Approximately $20,000 for coordination role annually; employers
could bring additional funding to secure housing for their
employees as part of rental or purchase inventory
Staff Time
Needed
Some time to coordinate and facilitate an employer forum and
pursue the opportunities that emerge; same tasks may be
employer or consultant driven, others could be supported by Town,
EPHA or EPEDC. We recommend EPEDC as the convening group,
with support from employers and government partners.
Five Year Goal
Establish numeric goal in program development to bring new
employee housing units to market and have robust coordination
among employers on resources and best practices.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 10
9. Incentives to Construct Accessory Dwelling Units (ADUs). The Town of Estes
Park has done good work recently to allow accessory dwelling units in all zone districts.
Because the cost of construction is currently prohibitive for many owners to add
accessory dwelling units, the recent regulatory updates could be supported with a
financial incentive program to help construction of ADUs make financial sense for
homeowners. This incentive could be in the form of a direct subsidy, forgivable loan, or
must-pay loan that is subordinate to the home mortgage.
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 ADU on the
owner’s property. In exchange, the owner would lease the ADU to an eligible
household. Short-term rentals are already disallowed in ADUs, which is a best practice
for workforce housing. Limits could be placed on the amount of rent charged, and/or a
local work requirement could be included, depending on how the agreement was
structured.
Other approaches that peer communities have explored for incentivizing ADUs include
(1) providing pre-approved architectural drawings to limit design costs and make the
building permit process more efficient, (2) working with offsite construction companies
to create modular ADUs, and (3) working with interested homeowners to “bundle”
eligible projects, so that a single contractor could create efficiencies by building several
ADUs in the same neighborhood during the same building season.
Lead Agency Town of Estes Park and Estes Park Housing Authority
Partner
Agencies
Private owners, local contractors, local architect, Colorado modular
factories
Funding
Needed:
A first step will be to determine the financial gap that is prohibiting
creation of ADUs, and what other tactics the community wants to
deploy
Staff Time
Needed .25-.5 FTE
Five Year Goal 50 units
10. Fee Incentives for Deed Restricted Housing. Town of Estes Park is in the
process of updating fee structures, to help make all development of deed restricted
housing more economically feasible by providing an incentive to cover the cost of land
use, sewer, water, and building permit fees. The current staff recommendation that all
deed restricted housing is eligible for this incentive, and that fees can be amortized
over 10 years with support from Town is a strong signal of Town’s policy priority for
workforce housing. To support the integrity of the fee enterprises, these costs will need
to be covered by the Workforce Housing Fund. The strategy recommendation is to
move forward with workforce housing fund updates and adoption of the revised
recommendations in 2023.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 11
Lead Agency Town of Estes Park
Partner Agencies n/a
Funding Needed
Will vary depending upon developer interest, cost to construct,
type of units, and desired affordability for sale or rent. Many
communities are experiencing the need to bring over
$100,000/unit to achieve attainable prices for local workers.
Staff Time Needed Less than .25 FTE for initial program creation and ongoing
support; may be co-located with land use related tasks.
Five Year Goal Unknown – will depend on market activity
Funding and Policy. The Town of Estes Park will typically be the lead agency with
regard to policy and funding initiatives. The following three strategies are recommended to
commence in 2023.
11. Program Development for Local Dedicated Funding. In recent years, Estes
Park has had limited local funding to invest in workforce housing. However, the recent
successful ballot measure for 3.5% lodging tax increment means the community will
have an estimated $5 million annually to invest in workforce housing and childcare.
This substantial increase in local dedicated funding sets the stage for a new era of
investment in some of the community’s most pressing issues. This funding is essential
to many of the strategies in this document. Setting up predictable and transparent
processes now for how the funding will be deployed will help to create effective
processes going forward, building confidence for tax payers and implementation
partners.
Town staff are in the process of creating an operating plan for the new funding source,
and amending the workforce and affordable housing guidelines to scale to these new
opportunities. As this work continues, considerations should include:
How often and how much funding will be available in a competitive format for
local housing projects and programs? What are the criteria to be eligible for local
housing funds (incomes served, percentage of deed restricted units, etc.)?
Who will make decisions regarding funding priorities and amounts? An approach
that includes decision-makers from the Town and Housing Authority with input
from local stakeholders and community members may be helpful.
What funding is set aside for EPHA on an annual basis, and what agreements are
needed to ensure funds are used as intended while still giving EPHA enough
autonomy to move quickly and adapt to changing market conditions? Can a block
of funds be provided that allows EPHA to act quickly, without returning to Town
Board for specific approval, provided the use of funds aligns with Town policy?
Town’s current procurement threshold is $100,000, which is quite limited in the
realm of real estate transactions, partnerships, and land acquisitions. The
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 12
consultant team recommends setting higher limits, with clear guidelines and
accountability.
How does the funding process and program oversight integrate into existing
financial systems and protocols at the Town, such as annual budget process,
audit, and day to day bookkeeping?
Town leadership should conduct program development to move forward with clear
intention, structure, and accountability with the new dedicated funding for housing.
Lead Agency Town of Estes Park
Partner Agencies Estes Park Housing Authority
Funding Needed staff time only
Staff Time Needed
.25 FTE to support administration of the housing fund; additional
support from Town leadership for review and decision of funding
requests
Five Year Goal
Reliable, transparent, and predictable funding approach in place;
strong taxpayer confidence and perception of fairness in how are
invested
12. Use Local Funds to Leverage Investments from Outside the Community.
We are in a time of abundance in funding for housing in Colorado. Estes Park has the
opportunity to draw in resources from outside sources including the state, federal
government, and philanthropy to support the community’s housing goals. These
funding sources can be used strategically to preserve local funding for where it is most
needed. Close coordination between Town of Estes Park and EPHA will ensure that
funding opportunities are coordinated, and the most appropriate entity takes the lead.
Lead Agency Town of Estes Park and EPHA, depending on the nature of the funding
and project specifics
Partner
Agencies
Colorado Division of Housing and Dept of Local Affairs, Colorado Office
of Economic Development and International Trade, Colorado Housing
and Finance Authority, banks, Community Development Financial
Institutions, foundations
Funding
Needed Local match or leverage amount will vary
Staff Time
Needed
This duty could be included within the job description of Town of Estes
Park Housing Manager, and one staff member at EPHA (likely a
Development Project Manager, Deputy Director, or Executive Director)
Five Year
Goal
Estes Park has attracted new LIHTC allocations, and significant
investments from state, federal, and philanthropic agencies to support
housing goals.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 13
13. Development Code Updates. Town of Estes Park is in the process of adopting a
new Comprehensive Plan, Estes Forward, that provides an action-oriented road map for
the valley for the next 10-20 years, including a framework for the built environment and
housing (in addition to other policy areas).1 To align with the Comp Plan and achieve
the goals of this Housing Strategy, the community needs more land that is zoned
appropriately.
The Town is embarking on a land use code to create better alignment with the Comp
Plan goals. The ways in which code supports or detracts from housing affordability
should be considered at each step in this process. For example, more land that is zoned
to accommodate “missing middle” forms of housing such as duplexes, triplexes, small
cottages, shared living, townhouses, and attached housing with 4-16 residences in a
building. Opportunities for using land more efficiently, and doing compact, higher
intensity residential development are imperative for meeting the Estes Valley long-term
housing needs and preventing rural sprawl. Having these zoning options in place will
align with the community vision and make attainable housing more feasible, both for
rent and for sale.
A missing middle strategy that honors the community character and historic
development patterns could be created, for example allowing duplexes, triplexes and
cabin clusters in some areas, and higher intensity multi-family in others. This strategy
should look at solutions that are informed by the history and context of the community,
so the community can achieve density that is efficient and in scale with nearby uses.
Town of Estes Park should embark on a missing middle code update as soon as
possible.
Vacation rentals have been studied extensively in the Town of Estes Park. The
consultant team supports continuing to cap vacation rental licenses, disallow them in
ADUs and deed restricted housing.
Lead Agency Town of Estes Park
Partner Agencies Community stakeholders TBD
Staff Time Needed Task of current Community Development staff, with outside
consultant
Funding Needed Approximately $50,000 for consultant; staff time will be needed
too, and may be extensive, depending on outreach strategies
Five Year Goal Complete a missing middle code update by 2024
1 https://estespark.colorado.gov/comprehensiveplan
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 14
Community Engagement and Client Support. Four strategies are
recommended to support local workforce in a direct, immediate way, and one strategy is
offered as a long-term investment community engagement and understanding of housing
efforts. While these investments do not contribute to the long-term inventory of workforce
housing, they can provide vital assistance in near term, helping to bridge the gap between
the current housing crunch and strategies that take years to implement.
14. Home Purchase Assistance. As interest rates rise, household’s purchasing power is
being eroded. Downpayment assistance, assistance with closing costs, and access to
competitive (or below market) interest rate loans is increasingly important. Existing
down payment assistance programs offered through EPHA and Larimer County could
be bolstered and better funded.
Interest rate buy-down programs are another option for home purchase assistance and
typically provide discounted interest rates for the first year or two of ownership for
qualified buyers.
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 a public entity to act as a cash buyer on behalf
of an eligible household or in its own interest to acquire a property, which would then
be resold to the eligible (conventionally financed) household, repaying the cash outlay
made by the public entity. In exchange, a deed restriction would be placed on the
property to preserve the investment for workforce households in the long term. This
strategy is closely linked with a Deed Restriction Buy-down, described in the
Preservation section, and the two strategies should be developed and administered in
parallel.
Lead Agency Estes Park Housing Authority
Partner Agencies Town of Estes Park
Staff Time Needed .5 FTE, or more, depending on scale of the program
Annual Funding Needed $400,000 - $1,200,000
Five Year Goal Support 5-10 transactions per year
15. Rental Assistance. 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. 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 (for qualified renters) through direct subsidies to
landlords. A deed- or income-restriction may be appropriate for program participation.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 15
Winter Park’s Short Term Fix program provides an example of matching employers and
employees with willing owners of previously vacant or short term rented homes and
incentivizing long term leases.
Lead Agency Estes Park Housing Authority
Partner Agencies Town of Estes Park
Staff Time Needed .25 FTE, or more, depending on scale of the program
Annual Funding Needed $100,000-$200,000
Five Year Goal Support 10-20 rentals annually
16. Equity and Inclusion. Keep support for Hispanic community and other groups
disproportionately impacted by residential displacement and affordability challenges at
the forefront of each housing effort. These households are experiencing long-term
stress, reduced health outcomes, and negative impacts across all life indicators related
to lack of access to stable housing. Correcting these inequities not only supports the
households impacted but strengthens the overall community and economy. Key
strategies to promoting equity in housing include:
Make zoning and land use decisions in a way that supports local workforce and
minimizes residential displacement of permanent residents.
Ensure that new housing prioritizes people within the community who may be
displaced by redevelopment or rising costs.
Invite and educate diverse populations on new initiatives, developments, and
other engagement events. Listen and incorporate the feedback provided from
these groups.
Ensure that all materials and information is available in English and Spanish, and
that inclusive language is being used.
Seek opportunities to make housing accessible to households where members
have documentation challenges. This can include how eligibility is defined for
rental housing and advocating for alternative mortgage finance solutions on for-
sale housing. Some below market housing has requirements for lawful presence
tied to the way it was funded. Be strategic in the using housing inventory and
unrestricted funds to create opportunities for households where some members
may not be documented. These households are often long-time, vital
contributors to the local economy, and have faced some of the greatest housing
instability including frequent moves, poor quality, overcrowding, and rapidly
rising rents.
Make housing investments in coordination with transportation, childcare, and
other community infrastructure that positively impacts cost of living and
households’ ability to thrive.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 16
Lead Agency Town of Estes Park and EPHA should take joint responsibility
Partner Agencies Resident advocacy groups, local non-profits, County Human
Services
Funding Needed TBD
Staff Time Needed Staff time will vary depending on the initiative.
Five Year Goal
Diversity and inclusion has increased within the leadership of
housing efforts, community engagement processes, and in the
households receiving rental and homeownership support through
the initiatives of this plan
17. Community Engagement, Education, and Outreach Hub. A common refrain
in high cost, mountain communities is “nobody is doing anything on housing” when in
fact, many efforts are underway. We recommend that Estes Park be proactive in
sharing success stories, progress, and project updates, and creating touch points for
members of the community to stay informed, engaged, and provide feedback. Housing
is a complex topic, and growing community engagement and increasing the diversity of
people who understand the issues and strategies will strengthen the community’s
ability to be successful over time.
A basic first step is a “one stop shop” website with housing resources and information
for people seeking housing and interested in understanding current programs and
opportunities, and an online portal for housing applications. Valley Home Store in Eagle
County has a strong example of an online portal for applications.
Other community engagement and outreach efforts include open houses, working
groups and advisory boards, design workshops, engagement with school age children,
listening tours and presentations to civic groups. These actions don’t have to happen
immediately but should be woven into the development and feedback loop for all
projects and programs proposed in this action plan.
Lead Agency Town of Estes Park and EPHA for their respective projects and
initiatives, and in close coordination with each other
Partner Agencies TBD
Funding Needed TBD
Staff Time
Needed
.25. Tasks such as a one stop shop website would have a single
point of contact. Other tasks could be led by staff members
responsible for specific programs or initiatives. Some communities,
such as Leadville, have a dedicated staff person in this role.
Five Year Goal Up to date and user friendly “one stop shop” is operational
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 17
Organizational Capacity Building. This housing action plan and the new funding
provided through the lodging tax increment represent a tremendous opportunity and set
ambitious goals for improving Estes Park’s community and economy through new housing.
For the community to move from status quo to proactively addressing housing needs and
gaps, a significant increase in staff capacity and organizational systems will be needed.
18. Increase Staffing at Town and EPHA. Current strengths for Town of Estes Park
are its land use and planning team, transparent governance, and strong executive
leadership. To implement the housing initiatives of this action plan, a full-time staff
person dedicated to workforce and affordable housing is needed. The primary tasks for
this position would include managing the program development and allocation of local
funding sources, applying for and managing grants and loans from outside funders,
acting as a collaborative partner and liaison to the housing authority, and supporting
the land use team on incentives for below market housing and missing middle housing
strategy.
Similarly, EPHA has strengths in the areas of Board expertise, property management,
and a recent internal promotion of a knowledgeable and experienced Executive
Director. To implement this housing action plan, EPHA will need to add at least two staff
positions. The consultant team recommends funding and hiring a real estate
development director position and an asset and eligibility manager position. Some of
the programs and responsibilities of this plan could be housed with either position,
depending on the qualifications and capacity of the candidates, but an initial
recommendation is depicted here. EPHA should ensure that someone on staff has a
real estate brokers license, to support managing deed restricted purchase and sale
transactions. This could be the Asset and Eligibility Manager position, or other. Over the
next five years, as programs, projects, and resources grow, additional staff in
supporting roles may also be needed.
Lead Agency Town of Estes Park and EPHA for their respective hires
Partner Agencies TBD
Funding Needed $320,000 - $400,000
Staff Time
Needed
Creating job descriptions, requisitions, and conducting the hiring
process can be covered by current Town and HA staff. Both
agencies should act in an advisory role on the hiring for the other
agency’s staff, as these staff members will need to work very closely
together and have complimentary skills.
Goal Hire at least three staff members in 2023
19. Systems Development. Taking the time to put good systems in place now will help
ease management and increase public confidence going forward. Program
development for the dedicated funding is covered above. Other important areas of
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES STRATEGIC PLAN, PAGE 18
systems development are a good database for property management, a
comprehensive, centralized system for deed restriction tracking and compliance.
Lead Agency Town of Estes Park and EPHA for their respective system areas
Partner Agencies TBD
Funding Needed TBD
Staff Time Needed Will vary over time, assign within duties of recommended new
hires and current leadership
Five Year Goal
Tracking and compliance systems are in place, creating confidence
in the stewardship of local funding and fair access to the housing
resources created. Systems are robust and able to withstand
changes in staffing and political leadership.
HOUSING NEEDS ASSESSMENT
SECTION I. DEMOGRAPHIC PROFILE
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 1
SECTION I.
Demographic Profile
This section provides an overview of the Estes Valley demographic environment to set the
context for the housing needs assessment and strategic plan. The section includes
discussion of population, households, and income trends.
This report focuses on the Estes Valley and Town of Estes Park. Wherever possible, data for
the Estes Park School District is used to represent the Estes Valley. For context, some Estes
Valley trends are compared to those from the surrounding Poudre (Ft. Collins), St. Vrain
Valley (Longmont), and Thompson (Loveland) school districts where the bulk of the
commuters into the Estes Valley live. The Estes Park School District is also the geographic
area that has been used in past housing needs assessments.
Figure I-1.
Geographic Area of Analysis
Source: Root Policy Research.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 2
Key findings
The population of the Estes Valley was about the same in 2020 as it was in 2010, but
the Valley was not without change. According to the population estimates from the
Colorado State Demography Office, the population in the Town of Estes Park grew
from 5,865 in 2010 to 6,777 in 2016; but then fell back to 5,886 in 2020. The pandemic
years since the 2020 Census have been dynamic and the long-term impact has yet to
settle out. However, the most recent available data, such as school district enrollment,
supports the trends identified by the Census and indicates that the Census still
provides a strong foundation for understanding the needs of the community.
While the overall population did not change much from 2010 to 2020, there was a
significant shift toward an older demographic. The portion of the population age 65 or
older grew from 25% in 2010 to 31% in 2020. At the same time, the portion of the
population age 17 or younger shrunk from 15% to 11%.
Only about 13% of Estes Valley households have children under the age of 18—
substantially lower than the broader region and other communities in Larimer County.
Meanwhile 45% of Estes Valley households are married couples without children living
in the household and another 32% are single person households.
Households with children tend to be lower income ($35,000-$50,000) or higher income
($100,000 or more) with few households in the very low- or middle-income ranges.
Population
The Estes population was about the same in 2020 as it was in 2010. However, estimated
population has not been flat. The community experienced relatively rapid growth from
2010 to 2016 followed by a mirrored decline from 2016 to 2020.
At the peak of the mid-decade growth, the Town of Estes Park had grown 16% in 6 years
from 5,865 in 2010 to 6,777 in 2016. By 2020, the population had returned to 5,886 –
essentially where it was in 2010.
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Figure I-2.
Population, Estes Valley, 2000-2030
Source: Colorado DOLA State Demography Office, ACS 5-year estimates, and OPS Strategies.
The Town of Estes accounts for about half of the Estes Valley population. Long-term growth
trends project that the Estes Valley will have a population of about 12,600 in 2030, up from
about 11,900 in 2020. For context, while the Estes Valley grew 2% from 2010 to 2020, the
Estes Valley’s neighbors all grew at a rate of about 2% per year over the past decade.
Figure I-3.
Population and
Population Change
by Jurisdiction, 2010-
2020
Note:
Estes Valley, Fort Collins, Longmont,
and Loveland data are for their
respective school districts.
Source:
2010 and 2020 Census.
Age. The Estes Valley has one of the oldest populations in the state. Over 30% of the
residents of the Estes Valley and over 40% of the residents of the Town of Estes Park are
age 65 or older. At the same time, less than 3% of the Estes Valley population is under the
age of 5 and only 8% of the population is school aged. The share of the population aged 18-
34 years is also well below state and regional proportions.
That the Estes Valley School District as a whole has more children and fewer residents age
65 and older indicates that families are more likely to live in the unincorporated areas of
the Estes Valley than in Town.
Jurisdication 2010 2020 % Change
Estes Valley 11,493 11,761 2.3%
Town of Estes Park 5,858 5,904 0.8%
Share of Valley 51% 50% -0.8%
Fort Collins 184,648 221,002 20%
Longmont 151,981 191,402 26%
Loveland 104,236 127,220 22%
Larimer County 299,630 359,066 20%
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Figure I-4.
Age Distribution by Jurisdiction, 2020.
Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts
Source: 2020 ACS 5-year estimates.
Not only is the 65 and older cohort especially large, it is also growing especially fast.
Meanwhile the number of children is shrinking. The 15% decrease in the estimated
population age 5 to 17 years is corroborated by the 12% decrease in school district
enrollment seen over the past 10 years. Figure I-5 indicates that while the overall
population is about the same as it was in 2010 there has been a significant shift within the
population toward an older demographic.
Figure I-5.
Age Trends, Estes Valley, 2010 and 2020.
Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts
Source: 2010 Census, 2020 ACS 5-year estimate, OPS Strategies.
Race and Ethnicity. The Estes Valley population is 84% non-Hispanic white. Another
10% of the population is Hispanic. The Town of Estes Park has a greater proportion of
Hispanic population (15%) than the unincorporated areas of the Estes Valley (5%).
Age Cohort Number Number
Under 5 years 462 4% 385 3% -17%
5 to 17 years 1,311 11% 1,116 8% -15%
18 to 34 years 1,637 14% 1,990 15% 22%
35 to 64 years 5,226 45% 5,854 43% 12%
65 years and older 2,857 25% 4,255 31% 49%
2010 2020 % Change
2010-2020Percent Percent
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Figure I-6.
Distribution of Race/Ethnicity by Jurisdiction, 2020.
Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts
Source: Census.
While the Town of Estes Park has racial/ethnic diversity consistent with the region, the
unincorporated areas of the Estes Valley are disproportionately non-Hispanic white
compared to the region as a whole.
Education Attainment. Over half of the residents of the Estes Valley have at least a
bachelor’s degree. This level of education attainment is similar to that of the college town
of Fort Collins and significantly greater than the other neighboring communities.
Figure I-7.
Distribution of Educational Attainment by Jurisdiction, 2020.
Note: For population 25 years and older. Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school
districts
Source: 2020 ACS 5-year estimates.
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Households
In 2020 there were 5,359 households in the Estes Valley, of which 2,791 lived in the Town of
Estes Park.
Household Composition. The most common household type in the Estes Valley is a
married couple without children, which accounts for 45% of households. The next most
common household type is a person living alone, which accounts for another 32% of
households. Households with children account for 13% of households.
Figure I-8.
Household Type, Estes Valley, 2010 and 2020.
Note: 2020 household numbers are a function of ACS percentages applied to Census household count
Source: 2010 and 2020 Census, 2020 ACS 5-year estimates, OPS Strategies.
Consistent with the demographic trends, the significant shifts in household type from 2010
to 2020 are a decrease in the share of households with children and an increase in the
share of households that are single person age 65 or older living alone. However, these
shifts are slight and the overall household type distribution has not changed significantly in
the past ten years.
Number Number
Total households 5,365 5,359
Married Couples 3,031 56% 2,999 56%
With children under 18 708 13% 579 11%
Without children under 18 2,323 43% 2,420 45%
Male householder, no spouse 127 2% 163 3%
With children under 18 72 1% 31 1%
Without children under 18 55 1% 132 2%
Female householder, no spouse 245 5% 187 3%
With children under 18 136 3% 99 2%
Without children under 18 109 2% 89 2%
Non-family households 1,962 37% 2,009 37%
Householder living alone less than 65 992 18% 911 17%
Householder living alone 65 and over 693 13% 782 15%
Other non-family households 277 5% 316 6%
2010 2020
% Total
Households
% Total
Households
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Figure I-9.
Household Composition, by Jurisdiction, 2020.
Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts
Source: 2020 ACS 5-year estimates.
Compared to the region, the small proportion of married couples with children and large
proportion of single person households in the Estes Valley jump off of the page. Especially
within the Town of Estes Park there is a very small percentage of units occupied by families.
While 32% of Estes Valley households are a person living alone (36% in the Town of Estes
Park), the regional average is only 24%.
Household Size. The household composition of the Estes Valley results in a small
household size—2.0 people per household on average. The average household size in the
Town of Estes Park is slightly smaller than it is in unincorporated Estes Valley, and Estes
Valley households are smaller than the region as a whole because of the greater number of
one and two person households in the Estes Valley.
Figure I-10.
Household Size, by
Jurisdiction and
Tenure, 2020
Note:
Estes Valley, Fort Collins, Longmont, and
Loveland data are for their respective
school districts.
Source:
2020 ACS 5-year estimates.
Owner households are slightly larger than renter households in the Estes Valley and the
region. The average household size in the Estes Valley has changed very little since 2010.
Jurisdication
Estes Valley 2.0 2.1 1.9
Town of Estes Park 1.9 2.0 1.7
Fort Collins 2.6 2.7 2.4
Longmont 2.8 2.8 2.6
Loveland 2.6 2.7 2.4
Renter
Households
Tenure
Overall Owner
Households
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Income and Poverty
This section examines household and family income in the Estes Valley, as well as the
prevalence of poverty among area residents.
Household income. As shown in Figure I-11, the median household income in the
Estes Valley grew 27%, or about $15,600 from 2010 to 2020. This growth was more rapid in
the last half of the decade than the first. However, income grew more for owners than
renters and more for residents of unincorporated Estes Valley than the Town of Estes Park.
Figure I-11.
Median
Household
Income, by
Jurisdiction
and Tenure,
2010-2020.
Note:
Nominal dollars. Estes
Valley, Fort Collins,
Longmont, and Loveland
data are for their
respective school
districts.
Source:
2010 and 2020 ACS 5-
year estimates, OPS
Strategies.
The median income of Estes Valley owners grew $23,300 from 2010 to 2020 compared to
an increase of just $664 for Estes Valley renters. Median income for renters in the Town of
Estes Park grew more than for the renters in unincorporated Estes Valley, but overall Town
of Estes Park incomes grew only $2,150 compared to $15,600 for the Estes Valley as a
whole.
The difference in median income between the Town of Estes Park and the rest of the Estes
Valley appears to have occurred in the past five years. While median incomes in the Estes
Jurisdiction 2010 2020
Overall
Estes Valley $58,522 $74,119 $15,597 27%
Town of Estes Park $52,778 $54,925 $2,147 4%
Fort Collins $52,791 $73,881 $21,090 40%
Longmont $67,271 $90,307 $23,036 34%
Loveland $61,212 $80,688 $19,476 32%
Owners
Estes Valley $68,750 $92,050 $23,300 34%
Town of Estes Park $69,866 $82,222 $12,356 18%
Fort Collins $75,032 $97,972 $22,940 31%
Longmont $82,071 $105,651 $23,580 29%
Loveland $73,473 $91,217 $17,744 24%
Renters
Estes Valley $32,476 $33,140 $664 2%
Town of Estes Park $27,350 $30,766 $3,416 12%
Fort Collins $28,731 $44,386 $15,655 54%
Longmont $37,065 $55,428 $18,363 50%
Loveland $35,157 $50,957 $15,800 45%
Growth
Number Percent
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Valley and region were growing rapidly from 2015 to 2020, incomes in the Town of Estes
Park remained at the same levels they have been since 2010.
Income distribution. Figure I-12 shows the income thresholds typically used to
evaluate income qualifications for various housing programs, based on the Larimer County
area median income (AMI). AMI is defined annually by HUD market studies. The figure
provides AMI ranges for a 4-person household and the housing types that typically serve
the households in the AMI range.
Figure I-12.
Income Thresholds and Target Housing
Note: MFI = HUD Median Family Income, 2-person household.
Source: OPS Strategies and HUD income limits.
The income limits for HUD programming are calculated for Larimer County and therefore
driven by Fort Collins data. Still, the HUD data remains useful in the Estes Valley because
the income distribution of the Estes Valley is quite like that of Fort Collins. Longmont is the
outlier in the region with the highest median income in the region, and also the fewest
households in the lower income ranges.
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Figure I-13.
Income Distribution by Jurisdiction, 2020.
Source: 2020 ACS 5-year estimates, OPS Strategies
While the income limits for HUD programming is calculated based on a family of four, not
all households are families of four. As discussed above, 37% of Estes Valley households are
not families, and the average size of an Estes Valley household is only 2.0 people. Figure I-
13 shows the distribution of income by household type.
Figure I-14.
Income Distribution by Household Composition, Estes Valley, 2020.
Source: 2020 ACS 5-year estimates, OPS Strategies
The lowest income households tend to be those without children; there are no families
with children in either of the two lowest income ranges representing “extremely low” and
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION I, PAGE 11
“very low” income. Families with children (which account for less than 20% of Estes Valley
households) tend to fall in either the $35,000-$50,000 “low income” range or the higher
income ranges above 120% AMI.
The majority (56%) of lower income households are nonfamily households. We know that
about 85% of nonfamily households are single occupant households, which explains the
lower incomes.
Married couples with no children are the household type with the greatest proportion of
middle income households and they make up 64% of all middle income households.
Married couples with no children also make up 55% of higher income households.
Poverty. According to 2020 ACS data, 7.5% of the Estes Valley population lives below
poverty level.1
1 Poverty lines vary by size of household. For 2020 the poverty line is $12,760 for a 1-person household, $17,240 for a 2-
person household, $21,720 for a 3-person household, and $26,200 for a 4-person household.
HOUSING NEEDS ASSESSMENT
SECTION II. EMPLOYMENT PROFILE
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SECTION II.
Employment Profile
This section describes the economic conditions of the Estes Valley, through the lens of jobs
and workers. This analysis provides additional context for the housing needs of workers in
the Valley.
Key findings
Unlike population growth, job growth in the Estes Valley has kept up with job growth in
the larger region. Jobs grew at 2.1% annually from 2015-2019 are projected to resume
a 1.4% annual growth rate post-pandemic.
The three lowest paying sectors of the economy (accommodation and food service;
arts, entertainment, and recreation; and retail sales), which are all tourism driven
industries, account for 54% of jobs in the Estes Valley. By contrast, the three highest
paying sectors account for just 6% of jobs.
51% of annual taxable sales occur in just 4 months—June through September. Sales
are growing faster in the off months than the peak months but in the summer only
about half of jobs are year-round jobs.
Jobs
There were about 7,940 jobs in the Estes Valley in 2021,1 a 370 job increase over the 7,570
job projection calculated for the 2016 Housing Needs Assessment.
From 2015 to 2019, jobs in the Estes Valley grew at about 2.1% annually, which was at the
low end of the 1.9%-3.2% job growth rate projected in the 2016 Housing Needs
Assessment. The COVID-19 pandemic interrupted that growth but jobs rebounded to
nearly 2019 levels in 2021.
Figure II-1 shows job trends in Estes Park and the Estes Valley from 2010 to 2021 along with
projections through 2030.
1 Jobs were estimated by looking at a combination of the US Census Bureau’s Longitudinal Employer-Household
Dynamics (LEHD) and the US Bureau of Economic Analysis (BEA) ratio of proprietors. The LEHD count of all jobs in the
Estes Valley was divided by 0.88 which is a typical LEHD adjustment needed in communities with seasonal service
economies and then divided by 0.73 which is the portion of the Larimer County job count attributable to non-
proprietors. This estimate approximates the estimate in the 2016 Housing Needs Assessment that was based on zip
code level Bureau of Labor Statistics data that was not available. To estimate the 2020 and 2021 job counts, Rocky
Mountain National Park visitation trends were applied to the 2019 jobs estimate.
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Figure II-1.
Jobs, Estes Valley, 2010-2030
Source: LEHD, QCEW, BEA, Rocky Mountain National Park, Colorado DOLA State Demography Office, OPS Strategies.
The job growth that occurred from 2010 to 2019 happened primarily in the Town of Estes
Park. In the unincorporated Estes Valley job counts were about the same in 2019 as they
were in 2010. As a result, about 71% of jobs in the Estes Valley are in the Town of Estes
Park.
Figure II-2.
Job Growth, by Jurisdiction, 2015-2019
Note: Projected 1.4% growth rate is applied to 2019 job estimate to adjust for pandemic effects.
Source: LEHD, QCEW, BEA, OPS Strategies
The Colorado State Demography Office projects 1.4% job growth for Larimer County. That
level of growth would result in about 9,720 jobs in the Estes Valley in 2030 – an increase of
about 1,790 jobs over what is currently estimated to exist.
Unlike population growth, job growth in the Estes Valley has kept up with job growth in the
larger region. The Estes Valley’s visitor-based economy is accessible to the entire region
and therefore its economic growth is somewhat independent from local population and
housing growth.
Annual Growth Rate
Jurisdication 2015 2019 2030 2015-2019
Estes Valley 7,701 8,359 9,723 2.1% 1.4%
Town of Estes Park 5,266 5,962 6,935 3.2%
Larimer County 189,894 213,271 248,062 2.9% 1.4%
2019-2030
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 3
Wages and Jobs by Sector. Over 35% of Estes Valley jobs are in accommodations
and food service—the lowest paying sector in Larimer County in 2021. In addition, 8% of
jobs are in arts, entertainment, and recreation—the second lowest paying sector; and 11%
of jobs are in retail—the third lowest paying sector in Larimer County. Combined, the three
lowest paying sectors of the economy, which are all tourism driven industries, account for
54% of jobs in the Estes Valley.
The three highest paying sectors—management of companies, professional services, and
finance and insurance—account for just 6% of jobs.
Figure II-3.
Job Distribution and Wages, by Sector, Estes Valley, 2010-2030
Note: Only industries with over a 1% job share in the Estes Valley are shown. Wages by industry are for Larimer County.
Source: LEHD, QCEW, BEA, OPS Strategies.
By comparison, accommodations and food service account for just 10% of jobs in the Fort
Collins area, 9% in Longmont, and 11% in Loveland. Similarly, arts, entertainment, and
recreation account for 2%, 1%, and 2% of jobs respectively in the neighboring areas. The
high concentration of jobs in the lowest paying sectors is a common characteristic of a
tourism-based economy like that found in Estes Park.
The Estes Valley economy also has a large gap between the management occupations and
other occupations within the sectors. Figure II-4 shows the occupational distribution and
median earnings by jurisdiction, based on 2020 ACS estimates.
While the Estes Valley occupational distribution is similar to those in neighboring districts,
the Estes Valley management earnings are 176% of the overall median, compared to 136%-
148% in Loveland and Fort Collins.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 4
Figure II-4.
Job Distribution and Wages, by Sector, Estes Valley, 2010-2030
Note: Civilian employed population over 16 years with earnings
Source: 2020 5-year ACS, OPS Strategies.
Seasonality. Also characteristic of a tourism-based economy is seasonality. About 51% of
taxable sales in Estes Park in 2021 occurred in June through December. This concentration of
economic activity in the summer months is about the same as it was in 2016.
Figure II-5.
Taxable Sales, Town of Estes Park, 2016 - 2021
Note: Taxable sales excludes food sales not for immediate consumption and other items. Gray lines show years between 2016 and 2021
Source: Town of Estes Park, OPS Strategies.
Occupational Distribution
45% 37% 48% 45% 41%
Service 17% 24% 18% 15% 15%
Sales and office 22% 25% 19% 20% 22%
Natural resources, construction and
maintence 9% 6% 7% 8% 10%
Production, transportation, and
material moving 6% 7% 8% 11% 12%
Median Earnings $41,239 $33,301 $36,491 $46,029 $42,752
$72,650 $73,774 $53,949 $70,147 $58,307
Service $21,540 $17,784 $17,880 $22,047 $21,582
Sales and office $32,965 $25,179 $28,213 $36,350 $34,480
Natural resources, construction and
maintence $26,780 $42,083 $39,521 $42,483 $47,192
Production, transportation, and
material moving $33,214 $26,755 $29,268 $32,847 $40,486
Management, business, and financial
Management, business, and financial
Estes
Valley
Town of
Estes Park
Fort
Collins Longmont Loveland
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 5
The 2016 Housing Needs Assessment found that about 52% of jobs in in the summer are
seasonal. Because of the similarity in the seasonality of the economic activity and because
some of the data available in 2016 was not available in 2022, Figure II-6 carries forward that
relationship to estimate the year-round and seasonal jobs in the Estes Valley. Only about
60% of jobs in the Estes Valley are year-round.
However, the taxable sales data does indicate movement toward a more year-round
economy. Taxable sales grew 7-8% per year for the months of June through September. For
the other eight months annual growth was between 11% and 13%. The peak months are
still far ahead of the off months, but if recent trends hold a greater percentage of job
growth will be in year-round jobs, which will have impacts on the types of housing needed.
Figure II-6.
Jobs by Seasonality,
Estes Valley, 2015
and 2021
Source:
2016 Housing Needs Assessment,
OPS Strategies.
Rocky Mountain National Park Visitation and Unfilled Jobs. Rocky
Mountain National Park saw extreme growth in visitation from 3.4 million visitors in 2014
to 4.4 million visitors in 2017.
Figure II-7.
Rocky Mountain
National Park
Visitation, 2000
to 2021
Source:
Rocky Mountain National
Park, OPS Strategies.
Number 2020
Annual Average 7,570 7,940
Summer 9,640 127% 10,110
Yearround jobs 4,630 61% 4,860
Summer seasonal jobs 5,010 66% 5,250
Winter 5,510 73% 5,780
Yearround jobs 4,630 61% 4,860
Winter seasonal jobs 880 12% 920
% of Annual
Average
2015
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 6
In periods of more stable visitation numbers, the ratio of Rocky Mountain National Park
visits to Estes Valley jobs is remarkably consistent. However, in periods of rapid visitation
job growth lags as it takes longer for employers and employees to respond to the
increased demand. This lag was reported as 480 unfilled jobs in the 2016 Housing Needs
Assessment. While visitation growth stabilized after 2017, the COVID-19 pandemic and
other national factors have made it harder for jobs to stabilize back to the baseline ratio.
Figure II-8.
RMNP Visitation and Estes Valley Jobs, 2000 to 2021
Note: 2015 Employer Survey estimated 480 unfilled jobs in 2015.
Source: Rocky Mountain National Park, OPS Strategies.
By comparing the ratio of Rocky Mountain National Park visitation to jobs for a given year
to the baseline expected ratio we can estimate the number of unfilled jobs in the economy.
The 2015 ratio indicated about 560 unfilled jobs, similar enough to the 480 unfilled jobs
identified in the 2015 employer survey that the methodology can be used to understand
any changes since 2015. In 2021, the ratio indicates there are 740 unfilled jobs in the Estes
Valley, a 30% increase.
The unfilled jobs estimate could also be read at the extent of the post-pandemic shift in
jobs per visitor indicative of an overall shift in the service economy. The long-term recovery
of the service sector on a national scale remains to be seen, but if it does trend back
toward where it was in 2010 it will mean even greater job growth that projected.
Rocky Mountain National Park Visitation 3,185,392 2,955,821 4,155,916 4,434,848
Estes Valley Jobs 6,499 6,042 7,571 7,938
Jobs to Visitation Ratio 0.0020403 0.00204 0.00182 0.00179
Unfilled Jobs Estimate 558 737
2000 2010 2015 2021
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 7
Employees
While jobs are the common unit of economic measurement and projection, converting job
projections housing need requires understanding who is working those jobs.
Jobs per Employee. Employees in seasonal service economies often hold multiple
jobs. Available data on year-round employees in the Estes Valley indicates that jobs per
year-round employee have been consistent at 1.13 jobs per employee. Seasonal
employees typically have more jobs, such that the overall average jobs per employee is 1.2
(according to Estes Valley survey data).
Employees per Household. In addition to employees working multiple jobs,
working households typically have more than one worker. Data from the Census Bureau 2
indicates that the number of wage earners per household with earnings has remained
about the same from 2010 (1.58 workers per household) to 2020 (1.54 workers per
household). Median earnings and median household income data from the 2020 ACS 5-
year estimates indicate that there are 1.80 earners per household and show the same
stability over the recent past.
Commuting. While the population of the Estes Valley is similar to what it was in 2010,
jobs have grown 30%. Filling those jobs are commuters from surrounding areas. In 2019,
33% of year-round Estes employees commuted from outside of the area, an all-time high
commuter percentage based on Census Bureau data. The 33% commuter percentage in
2019 is part of a long-term trend of slowly increasing commuting.
Figure II-9.
Percent of Workers Commuting, Estes Valley, 2005 to 2019
Source: LEHD, BEA, 2016 Housing Needs Assessment, OPS Strategies.
2 2020 ACS 5-year estimates of the percentage of the population in the labor force and percentage of household with
earnings were adjusted by 2020 Census counts of population and households.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION II, PAGE 8
The most common homes for commuters are Loveland and Fort Collins, which provide
about 5% of the Estes Valley workforce. The Longmont area is home to another 4% of Estes
Valley workers. Closer to Estes Park, about 2% of workers live in Drake or Glen Haven.
Figure II-10.
Commuter Origin and Annual
Cost to Commute to Estes
Park
Note:
Assumes 5 days of commuting per week 50 weeks per
year at the 2nd half 2022 milage rate of $0.625. Estes
Valley, Fort Collins, Longmont, and Loveland data are
for their respective school districts.
Source:
LEHD, OPS Strategies.
The $11,000 annual commuting cost is about 15% of the median household income in the
Estes Valley. If housing is affordable in the community where the commuter lives, and only
one of multiple earners is commuting, a 15% commute cost can make financial sense. For
the 35% of workers in the accommodation and food service industry, $11,000 equates to
almost 45% of the average wage. In the lowest paying industries (also including retail, arts,
entertainment, and recreation) that account for half of all jobs, wages do not cover the
commute cost. Which means that these industries at the heart of the Estes economy need
local employees.
Retiring Employees. The age of the Estes Valley population also appears in its
workforce numbers. About 27% of the Estes Valley labor force (1,870 people) is age 60 or
older and can be expected to retire (or shift to limited work hours) in the next 5-10 years.
This is up from about 1,200 employees age 60 or older in 2015.3
These older Estes Valley employees pose a challenge to the Estes Valley economy as older
employees tend to have more housing security in areas of increasing home prices. When
an older employee retires the person that replaces them in the workforce will be less likely
to be able to afford to live in Estes Park and will have fewer housing choices if the retiring
employees decide to age in place in Estes.
3 The 2015 employer survey estimated a similar 1,150 employees likely to retire in the next 5 years.
Estes Valley 67% n/a n/a
Loveland 5% 30 9,380$
Fort Collins 5% 41 12,810$
Longmont 4% 32 10,000$
Boulder 2% 38 11,880$
Drake/Glen Haven 2% 7-13 4,060$
Other 15% n/a n/a
% of
Workforce
One-way
Miles
Annual Cost of
Commute
HOUSING NEEDS ASSESSMENT
SECTION III. HOUSING PROFILE AND AFFORDABILITY
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 1
SECTION III.
Housing Profile & Affordability Analysis
This section provides an analysis of the Estes Valley’s housing market and housing needs. It
examines housing supply and availability, development trends, affordability of rental and
ownership housing, and housing demand.
The section begins with an inventory of existing housing and its occupancy, followed by an
inventory of planned housing in the pipeline. That is followed by a definition of
affordability and how affordability is typically measured with a discussion of price trends
and affordability in both the rental and ownership markets. The price trends are combined
with renter and owner profiles to present a gaps analysis, which evaluates mismatches in
supply and demand in the housing market. The section concludes with summation of
future housing needs that adds household growth projections to the gaps analysis.
Key Findings
The pace of housing unit growth in the past decade is the slowest since the 1960s. The
number of units built since 2010 is only 42% of the average number of units built per
decade in the 70s, 80s, 90s, and 00s.
The median home sale in the past 12 months in the Town of Estes Park rose from
$392,000 in March 2020 to $585,000 in September 2022—a 50% increase in two and a
half years over the course of the pandemic. Over the same time purchasing power has
dropped 23% as rising interest rates decrease the home price affordable to a
household.
Affordability has also declined in the rental market as rent hikes outpaced income
growth and levels of cost burden for renters rose to 63% in Estes Park and 58% in the
Estes Valley as a whole.
2,720 units will be needed by 2030 to address the current shortage of workforce
housing and forecasted employment demand. Two thirds of these units are needed at
price-points affordable to households earning less than 120% AMI; 21% are needed for
households earning less than 30% AMI.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 2
Housing Stock
There are about 9,510 housing units in the Estes Valley, of which 4,380 are located in the
Town of Estes Park.
Age of Units. Based on Larimer County Assessor data, about a quarter of the units in
the Town of Estes Park were built in 1970 or before, meaning they are at least 50 years old.
Another quarter of the units in the Town of Estes Park were built in a single decade
between 1991 and 2000.
Figure III-1.
Age of Units by
Jurisdiction
Note:
Estes Valley ratios are derived from
Assessor data for the Town of Estes
Park and ACS data for the school
district.
Source:
Larimer County Assessor (2022),
2020 5-year ACS, OPS Strategies.
Only 7% of the units in the Town of Estes Park have been built since 2010. The pace of
housing unit growth in the past decade, is the slowest since the 1960s. The number of units
built since 2010 is only 42% of the average number of units build per decade in the 70s,
80s, 90s, and 00s.
In the unincorporated areas of the Estes Valley, the units are even older due to a less
pronounced housing boom from 1990-2010 and an earlier stop to new unit construction.
The number of units built since 2010 was about 56% of the number of units built each
decade from 1970-2010. However, it matched the number of units built from 2001-2010
indicating that new unit construction slowed in the unincorporated areas before it slowed
in the Town of Estes Park.
Occupancy. About 44% of units in the Estes Valley are vacant (primarily for
seasonal/recreational use, including second homes and short-term rentals), 43% are owner
occupied and 13% are renter occupied. (This translates to a homeownership rate among
occupied households of 77% owners and 23% renters).
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 3
Figure III-2.
Occupancy of Housing Units, 2020
Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts.
Source: Census, 2020 5-year ACS, OPS Strategies.
Owner-occupied units are more prevalent in the unincorporated Estes Valley than the
Town of Estes Park. The same is true of vacant units. The result is that 87% of all rental
units in the Estes Valley are located within the Town of Estes Park and just 2% of occupied
units in unincorporated Estes Valley are rentals.
When compared to the surrounding region, the Estes valley has far more vacant units and
fewer owner and renter occupied units. The Estes Valley ownership rate of 77% of occupied
units is higher than neighboring areas (74% in Longmont, 71% in Loveland), but the Town
of Estes Park ownership rate of 62% of occupied units is in line with the Fort Collins
ownership rate of 63%. A rental rate of 23% of occupied units in the Estes Valley represents
a very low rental inventory.
Type of Units. Most of the housing type diversity in the Estes Valley is in the Town of
Estes Park. In fact, in unincorporated Estes Valley 88% of occupied housing units are
owner-occupied, detached single-family homes.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 4
Figure III-3.
Occupied Housing by Tenure and Type, Estes Park and Estes Valley, 2020
Note: Data are for occupied housing units. Larimer County Assessor data for the Town of Estes Park corroborates the ACS data.
Source: 2020 5-year ACS.
In the Town of Estes Park, about half of the units are detached single-family and another
quarter are townhomes or in buildings with 2-4 attached units. While about 22% of units
are in multi-unit buildings with 5 or more units, those buildings account for less than 5% of
the residential floor area in the Town. Meanwhile, the half of units that are detached single
family homes use about 65% of the residential floor area, because they tend to have a
larger square footage.
Multifamily units are also far more likely to be occupied by renters than single family
homes.
Number of bedrooms. In the Town of Estes Park about 34% of units have 2
bedrooms and another 34% have 3 bedrooms according to Assessor data. Only about 9%
of units have 4 or more bedrooms which is significantly less than surrounding areas where
31-36% of units have 4 or more bedrooms. The remaining 22% of units in the Town of Estes
Park are studios or have 1 bedroom.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 5
Figure III-4.
Number of Bedrooms, by Jurisdiction, 2020
Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts.
Source: Larimer County Assessor, 2020 5-year ACS, OPS Strategies.
The smaller units (studio and 1 and 2 bedroom) in Estes Park are typically found in multi-
unit buildings, but there are a number of studio/1-bedroom units that are detached units
or townhomes. However, there are relatively few detached, 2-bedroom units compared to
the overall mix of unit sizes.
Vacancy. Estes Valley vacancy was about the same in 2020 (44%) as it was in 2010 (43%).
The slight growth was the result of the Town of Estes Park seeing a continued increase in
vacancy from 24% in 2000, to 32% in 2010,
to 36% in 2020. And yet vacancy is still far
more prevalent in the unincorporated areas
of the Estes Valley where over half of all
units are vacant.
The prevalence of second homes and
vacation homes in the Estes Valley is
evident when the vacancy rate is compared
to the neighboring school districts. Looking
more closely at the tenure and vacancy
status evolution in the Town of Estes Park
from 2010 to 2020 it appears that the
vacancy increase is being driven by the
transition of formerly owner-occupied units
into season, recreational, or occasional use.
Figure III-5.
Vacancy, by Jurisdiction, 2010 to 2020
Note: Estes Valley, Fort Collins, Longmont, and Loveland data
are for their respective school districts.
Source: Census, OPS Strategies.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 6
Figure III-6.
Occupancy and Vacancy Status of Housing Units, Town of Estes Park, 2010
to 2020
Source: DOLA, 5-Year ACS, Root Policy Research, OPS Strategies.
Short-term rentals. As of the drafting of this report, there were 480 registered short
term rentals (STRs) in Estes Park: 322 in residential zone districts and 158 in commercial
districts. As shown in Figure II-7, STRs have increased in both residential and commercial
zone districts, particularly over the past six years.
Figure III-7.
Registered STRs by Zone, 2010-2021
Source: Town of Estes Park.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 7
Data from AirDNA (an online aggregator of STR listings) shows similar increases in the
number of active STR listings in Estes Park over the past five years (regardless of
registration status), despite a slight dampening of activity during COVID (2020-2021).1
Figure III-8.
Active STR Listings
by Zone, 2017-2021
Note:
Active Commercial Listings
excludes listings in A
(Accommodation) Zone Districts
but includes A-1 zones.
Source:
AirDNA and Root Policy Research.
On average, Estes Park STRs have 2 bedrooms and 2 bathrooms with a guest capacity of six
people. The average daily rate is $328 per night. STRs in residential zones tend to be larger
on average than those in commercial zones and, as such, command higher average daily
rates than STRs in commercial zones.
Figure II-9.
Estes Park STR
Characteristics
Source:
AirDNA and Root Policy
Research.
The typical STR in Estes Park is rented 167 days per year and generates $53,684 in revenue
annually.
Development activity. Building permit activity has increased over the last couple
years with notable activity in the multifamily market. The permit data alone do not indicate
whether developments will be occupied by local workforce or if they are primarily
marketed as second home condo opportunities. However, specific multifamily projects in
the planning and development pipeline are discussed following Figure III-10.
1 For the purposes of this analysis, “active” means a property listed on AirBNB, VRBO, or other HomeAway site at least
once per month in at least six months of a given year. The analysis focuses on “entire home” listings in order to exclude
residents who may rent out a room in their home on occasion.
Bedrooms Bathrooms
Guest
Capacity
Average
Daily Rate
All Active STRs 2.2 1.9 6.1 $328
in Residential zones 2.7 2.1 6.7 $366
in Accommodation zones 1.8 1.9 5.9 $314
in Other Commercial zones 2.0 1.9 5.7 $315
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 8
Figure III-10.
Building Permits by
Type
Source:
Town of Estes Park.
The proposed “Homes at Fish Hatchery” development, currently in the planning process, is
a notable potential addition to the Town of Estes Park’s housing stock. The site is Town-
owned land and as such, the Town plans to enter into a development agreement with a
private developer to create approximately 190 units of workforce housing serving
households in which at least one household member is employed within the boundary of
the Estes Park School District for at least 30 hours per week year-round. The preliminary
plan indicates that the development is intended to serve households earning 70% to 120%
of area median income (AMI).2 At least one other workforce housing development that
could create about 90 new units is in the development pipeline.
2 https://estespark.colorado.gov/fishhatchery
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 9
Rental Market
Average asking rent in Estes Park is about $1,845 per month (according to an analysis of
recent listings on apartment sites, including Craigslist). This reflects a 32% increase in
average rent since 2015, when the same analysis showed average rents at $1,395.
Residents surveyed as part of the engagement efforts for this study (see Section IV for
details) reported similar rents with an average of $1,762 (and a median of $1,550) before
utilities.
Figure III-11 shows the distribution of all rents (including those currently occupied and not
on the open market) in 2010, 2015, and 2020 as reported in the ACS. By that measure, the
median rent paid by Estes Park households in 2020 was estimated at $888 per month. This
rental rate is substantially lower than the market-rate asking rent because it reflects rental
payments of residents in income-restricted housing (e.g.,EPHA units, LIHTC units, and
housing choice voucher holders) and rental payments among residents who may be
renting from friends/family or a long-term rental agreement (with lower rates).
According to the ACS, rent in the Town of Estes Park has increased at a rate of 1.2% per
year since 2010, which the same rate at which the median income of renters has increased.
Figure III-11.
Median Gross Rent, by Jurisdiction, 2010 to 2020
Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts.
Source: 5-year ACS, OPS Strategies.
Rents in the Estes Valley are significantly lower than in surrounding areas, but there are
also significantly fewer rentals in Estes than in the surrounding area. Fort Collins, with its
student population, showed the most consistent rent growth. Loveland, Longmont, and
Estes Valley all saw slow growth in rents from 2010-2015 as the economy recovered from
the Great Recession, followed by rapid rent growth in the past five years. Rent increases
from 2015 to 2020 were double the rent increases from 2010 to 2015 in those jurisdictions.
Given the relatively few rentals in unincorporated Estes Valley and the limited growth in
Estes Park rents, this means that most, if not all rentals in unincorporated Estes Valley are
2010 2015 2020 2010-2020 2015-2020
Estes Valley $791 $857 $1,015 28% 18%
Town of Estes Park $789 $882 $888 13% 1%
Fort Collins $857 $1,064 $1,356 58% 27%
Longmont $924 $1,056 $1,474 60% 40%
Loveland $832 $995 $1,344 62% 35%
Growth
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 10
at the top end of the rent distribution. In fact, there are only an estimated 24 units in
unincorporated Estes Valley that have rents below the median rent for the entire Valley.
Figure III-12.
Gross Rent Distribution, by Jurisdiction, 2020
Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts.
Source: 2020 5-year ACS, OPS Strategies.
The higher rents in surrounding areas are partly explained by the larger units in
surrounding areas. More bedrooms accommodate larger households and larger
households tend to have larger incomes. Renters in surrounding areas also have incomes
that are 45%-80% higher than renters in Estes Park.
The stability of the lower rents and lower wages for renters in Estes Park is notable. This is
often indicative of a “company town” housing dynamic where there is a limited supply of
rental housing and the rentals that do exist are controlled by the same employers that set
wages and are reserved to ensure those employers can fill jobs. This is typical in seasonal
economies. It also speaks to the success of the Estes Park Housing Authority, which has
been able to consistently offer below-market rents to income-qualified households. Even
so, the demand for affordable rentals far exceeds the supply (as will be discussed in the
subsequent affordability section.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 11
Ownership Market
In September 2022, the median home sale in the Town of Estes Park in the past 12 months
was $585,000 according the Larimer County Assessor. In March 2020, the median home
sale in the Town of Estes Park was $392,000 – which means Estes home values rose 50% in
two and a half years during the pandemic.
Figure III-13.
Median Sales Price in the Past 12 Months, Town of Estes Park, 2000-2022
Source: Larimer County Assessor, OPS Strategies
Prior to the pandemic, home sales had recovered from the housing bubble and Great
Recession to reestablish the long-term trendline. The two and a half-year home value
growth of 49% during the pandemic is unprecedented and dwarfs the growth seen during
the housing bubble, where home values grew 23% over the two and a half months from
February 2006 to August 2008.
Figure III-14.
Median Home Value, by Jurisdiction, 2010 to 2020
Note: Fort Collins, Longmont, and Loveland data are for their respective school districts.
Source: Larimer County Assessor, 1-year ACS, OPS Strategies.
2010 2015 2020 2021 2015-2020 2020-2021
Town of Estes Park $297,500 $279,950 $392,000 $456,000 8% 16%
Fort Collins $246,800 $310,900 $430,900 $497,400 8% 15%
Longmont $259,500 $317,400 $461,700 $498,000 9% 8%
Loveland $239,500 $280,300 $392,300 $462,500 8% 18%
Annual Growth
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 12
The median home value for the Estes Valley as a whole is about the same as the median
home value for the Town of Estes Park. The 1-year ACS estimates for the surrounding areas
would indicate that Fort Collins and Loveland are seeing similar home value growth during
the pandemic, while Longmont is not.
The regional data also indicates the Estes home values are keeping pace with neighboring
home values while the incomes of Estes renters are not. This means that Estes renters,
who already had few opportunities to move into the market are seeing the situation
worsen and the low paying service workers at the core of the Estes economy will need
rental housing, price restricted housing, or have to commute.
Figure III-15.
Home Value Distribution, by Jurisdiction, 2020
Note: Estes Valley, Fort Collins, Longmont, and Loveland data are for their respective school districts.
Source: 2020 5-year ACS, OPS Strategies.
Across the region, fewer than 10% of units had a value under $200,000 in 2020 – the price
affordable to a household making 80% of median income in 2020. In the Estes Valley only
3% of units were valued under $200,000. Across the region about half of units are priced
between $300,000 and $500,000 around the median value. This concentration of home
values around the median value is not matched by incomes which have a much more
uniform distribution from the extremes through the median.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 13
Income Restricted and Workforce Housing Inventory
There are currently 288 income-restricted housing units in the Estes Valley most of which
are rental units and affordable to households earning less than 60% AMI. There are
another 61 workforce housing units in the Valley, which do not have an income
requirement but do require that at least one household member is employed in the Estes
Valley at least 30 hours per week.
Figure III-16 shows the current income-restricted and workforce inventory in the Estes
Valley by AMI and tenure. In addition to the units shown in the figure, there are another 88
ownership workforce units and 94 rental workforce units in the pipeline and 190 workforce
units proposed across three different developments in the Estes Valley, at the time this
report was drafted.
Figure III-16.
Income-Restricted and
Workforce Housing Units,
Estes Valley
Source:
Estes Park Housing Authority and Root Policy
Research.
According to applicant data from EPHA, 42% of applicants for housing services are
households that include children under 18—this compares to 17% of households valley-
wide that include children. In other words, EPHA services are particularly important in
helping stabilize households with children. About 13% of EPHA applicants are seniors living
alone—the same proportion as in the Estes Valley overall.
Type of Unit and AMI
Maximum
Rental
Units
Ownership
Units
Total
Units
Income-Restricted Units 250 48 288
55% AMI 57 0 57
60% AMI 192 0 182
80% AMI 1 31 32
125% AMI 0 17 17
Workforce (no AMI max) 47 4 61
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 14
Affordability
The most common definition of affordability is linked to the idea that households should
not be cost burdened by housing. A cost burdened household is one in which housing
costs—the rent or mortgage payment, plus taxes and utilities—consumes more than 30%
of monthly gross income.
Figure III-17.
Affordability Definitions
Cost Burden. The 30% proportion is derived from historically typical mortgage lending
requirements.3 Thirty percent allows flexibility for households to manage other expenses
(e.g., childcare, health care, transportation, food costs, etc.). Spending more than 50% of
income on housing costs is characterized as severe cost burden and puts households at
high risk of homelessness—it also restricts the extent to which households can contribute
to the local economy.
Over half (58%) of renters in the Estes Valley are cost burdened, and 63% of renters in the
Town of Estes Park are cost burdened. Most households that are cost burdened and all 280
of the households that are severely cost burdened are in the Town of Estes Park.
3 In the recent past, the 30% threshold has been questioned as possibly being lower than what a household could
reasonably bear. Indeed, the U.S. Department of Housing and Urban Development has considered raising the
contribution expected of Housing Choice (“Section 8”) Voucher holders to 35% of monthly income. However, most
policymakers maintained that the 30% threshold was appropriate after considering increases in other household
expenses such as health care, and especially now that interest rates are rising again.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 15
Figure III-18.
Cost Burden, by
Jurisdiction and
Tenure, 2010
and 2020
Source:
2010 and 2020 5-year ACS,
OPS Strategies.
The percentage of cost burdened renters grew significantly from 2010 to 2020, while the
percentage of cost burdened owners with a mortgage shrank. The increase in cost
burdened renters indicates that rents grew faster than wages.
The decrease in the percentage of owners with mortgages who are cost burdened owners
with mortgages is likely due in part to refinancing as interest rates fell. It is also an indicator
that the available housing was purchased by households from outside of the Estes Valley
with more income.
Rental affordability gap. To examine how well the Estes Valley’s current housing
market meets the needs of its residents Root Policy Research conducted a modeling effort
called a “gaps analysis.” The analysis compares the supply of housing at various price
points to the number of households who can afford such housing. If there are more
housing units than households, the market is “oversupplying” housing at that price range.
Conversely, if there are too few units, the market is “undersupplying” housing. The gaps
analysis conducted for the Estes Valley addresses both rental affordability and ownership
opportunities for renters who want to buy (see below).
Figure III-19 compares the number of renter households, their income levels, the maximum
monthly rent they could afford without being cost burdened, and the number of units in
the market that were affordable to them.
The “Gap” column shows the difference between the number of renter households and the
number of rental units affordable to them. Negative numbers (in parentheses and red font)
indicate a shortage of units at the specific income level; positive units indicate an excess of
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 16
units. The rental supply data does account for publicly assisted units so gaps are above and
beyond currently provided income-restricted units.4 Renter households who face a rental
gap are not homeless; they are cost burdened, occupying units that are more expensive
than they can afford. Those who struggle to pay rent include working residents earning low
wages, residents who are unemployed, and residents who are disabled and cannot work.
Figure III-19.
Gaps in Rental Market, Estes Valley, 2020
Note: Approximate AMIs shown for a 2-person household size.
Source: 2020 5-year ACS, Root Policy Research, OPS Strategies.
The gaps analysis in Figure III-19 shows that:
About one third of renters in the Estes Valley are extremely low-income households
making less than $25,000 per year (about 30% AMI for a 2-person household). These
households need units that rent for $625 a month or less to avoid being cost
burdened. Just 16% of the rental supply meets that need – 241 units short of demand.
The cumulative gap column indicates that the overall affordability shortage is not fully
resolved until households are earning more than $35,000 per year (about 40% of AMI
for a 2-person household size).
The market is over supplying units in the $875-$1,275/month rent range. As a result,
lower income renters are having to reach into this range and pay double what they
can afford.
The “shortage” shown for higher income renters (earning more than $75,000 per year)
suggests those renters are spending less than 30% of their income on housing. This points
4 Publicly supported housing means housing that received public funding and has an income restriction (e.g., Public
Housing units, project-based Section 8, Low Income Housing Tax Credits, etc.).
Renter Incomes
Less than $25,000 (≈30% AMI)$625 491 32% 250 16%(241) (241)
$25,000 - $35,000 (≈40% AMI)$875 331 22% 447 9% 116 (125)
$35,000 - $50,000 (≈60% AMI)$1,250 100 7% 435 9% 335 210
$50,000 - 100,000 (≈120% AMI)$2,500 360 24% 368 7% 8 218
$100,000 - 150,000 (≈200% AMI)$3,700 169 11% 41 1%(128)90
$150,000 or more 65 4% 0 0%(65)25
Percent
Cumulative
Rental GapNumber
Maximum
Affordable
Gross Rent
Rental Demand
(Current Renters)
Rental Supply
(Current Units)Rental
GapPercent Number
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 17
to an income mismatch in the market in which higher income households are occupying
homes affordable to lower income households.
Overcrowding. The “shortage” at higher incomes can also be the result of
overcrowding that gives the indication of higher income because there are actually multiple
families living as a single household. The US Department of Housing and Urban
Development (HUD) defines overcrowding as more than one person per room and ACS
estimates indicate very little overcrowding in Estes. However, the 2016 Housing Needs
Assessment, which defined overcrowding as more than 2 people per bedroom (which the
ACS does not estimate) found 12% of households of Estes employees to be overcrowded,
indicating a need for 160 units to address overcrowding. For reference, the gaps analysis
for 2015 indicated a high income “shortage” of 130 units.
Interviews and public comment indicate that overcrowding continues to be a critical issue,
especially among the immigrant community. Whether the rental shortage is estimated
based on low income need or a survey of overcrowding, additional low rent housing is
needed to accommodate the growth in low wage jobs.
Figure III-20.
Gaps in Rental
Market, Estes Valley,
2015 and 2020
Source:
5-year ACS, OPS Strategies.
The shortage of low-income rentals and the “shortage” of high-income rentals both grew
from 2015 to 2020.With wages and rents increasing at about the same rate, the increasing
shortage is largely a function of lack of supply.
Ownership affordability gap. The gap between interest in buying and available
product is demonstrated by the for-sale gaps analysis shown in Figure III-21. Similar to the
rental gaps analysis, the model compares renters, renter income levels, the maximum
monthly housing payment they could afford, and the proportion of units in the market that
were affordable to them.
The maximum affordable home prices used for the analysis assume a 30-year mortgage
with a 10% down payment and an interest rate of 5.22%5. The estimates also incorporate
property taxes, insurance, HOA payments and utilities (assumed to collectively account for
25% of the monthly payment).
5 This is the Freddie Mac rate for August 2022.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 18
In addition to the rapidly increasing home prices discussed above, rising interest rates are
decreasing the purchasing power of lower- and middle-income households at the same
time housing prices are running away from them. At 5.22% interest a household can afford
77% of what it could afford at 3.10% interest, which was the average Freddie Mac interest
rate in 2020.
The “Gap” column shows the difference between the proportion of renter households and
the proportion of homes sold between August 2021 and July 2022 that were affordable to
them. Negative numbers indicate a shortage of units at the specific income level; positive
units indicate an excess of units. It is important to note that the gaps column accounts only
for units that fall precisely within the affordability range of the household.
The for-sale gaps analysis shows the Estes Valley market to be affordable for renter
households earning more than $100,000 per year. At that level, the proportion of homes
for sale exceeds the proportion of renters who may be in the market to purchase.
Figure III-21.
Options for Renters Wanting to Buy, Estes Park, 2022
Note: Home sales are for the Town of Estes Park only. Approximate AMIs shown for a 2-person household size.
Source: 2020 5-year ACS, Larimer County Assessor, Freddie Mac, OPS Strategies.
Renters earning less than $100,000 per year (about 120% of median income) can afford a
maximum home price of about $374,800. While such renters represent 85% of potential
new home owners, only about 20% of Estes Valley’s homes sold last year were affordable
to them (56 homes).
By comparison, renters making 80-120% of median income in 2015 could still afford
market housing and there were 82 homes sold at prices affordable to households making
less than 80% of median income.
Renter Incomes
Less than $25,000 (≈30% AMI)$93,700 491 32% 5 2%-30%n/a
$25,000 - $35,000 (≈40% AMI)$131,200 331 22% 2 1%-21% -21%
$35,000 - $50,000 (≈60% AMI)$187,400 100 7% 5 2%-5% -25%
$50,000 - 100,000 (≈120% AMI)$374,800 360 24% 44 15%-9% -34%
$100,000 - 150,000 (≈200% AMI)$562,100 169 11% 81 28% 17%-17%
$150,000 or more 65 4% 150 52% 48% 31%
Maximum
Affordable
Home Price
Potential Demand
(Current Renters)
For-Sale Supply
(Home Sales 8/1/21-
8/1/22)
Cumulative
Purchase
Gap (excl.
<$25K)Number Percent Number Percent
Purchase
Gap
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 19
Housing Need
About 2,720 new housing units are needed by 2030 to address the existing shortage and
account for forecasted employment trends. Figure III-22 illustrates the current housing
need and shows how needs have grown since 2016 (the 2016 HNA identified a 1,530 unit
housing need).
The lack of housing construction and decreasing affordability of housing have increased
the existing shortage of units – the “catch up” need. At the same time, retirement of current
employees coupled with projected job growth continue to forecast additional need.
Figure III-22.
Housing Need, Estes Valley, 2016 and 2022
Note: The 2016 HNA miscalculated the housing need of commuters as 290 by applying the jobs/employee factor twice.
Source: 2016 Housing Needs Assessment, LEHD, ACS 5-year estimates, Larimer County Assessor, DOLA job forecast, RMNP, OPS
Strategies.
Components of housing needs. The individual components of needs outlined in
the previous figures are discussed in more detail below.
Rental shortage. As discussed in the rental affordability gap and overcrowding
sections above, there is a shortage of about 240 low-income rentals in Estes Park. That
shortage of low-income rentals is likely contributing the overcrowding issues facing
Estes Valley households and is comparable to the 160-unit rental shortage identified in
the 2016 Housing Needs Assessment as a result of overcrowding. The increased need
is the result of increases in low wage jobs without a commensurate increase in low
rent housing.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 20
Commuters. The percentage of the workforce commuting has increased from 2015
as has the size of the overall workforce. The compound effect is that a modest
increase in the commuter rate represents nearly a doubling in the number of units
needed to accommodate those commuters who want to live in Estes Park.
Figure III-23.
Units Needed for
Commuters, Estes
Valley, 2016 to 2022
Note:
The 2022 commuter rate was
reduced by 4% to account for
residents of Drake and Glen Haven
who were not counted as
commuters in 2016.
Source:
2016 Housing Needs Assessment,
LEHD, BEA, RMNP, OPS Strategies.
Unfilled jobs. As discussed above in the section on Rocky Mountain National Park
visitation and unfilled jobs there are an estimated 737 unfilled jobs in the Estes
economy compared to historical ratios. At 1.2 jobs per employee and 1.84 employees
per household that equates to a need for about 330 housing units. As discussed in
Section II, about 60% of jobs in the Estes Valley are year-round. Applying this
percentage to the unfilled jobs estimate yields a need for 198 units to accommodate
permanent workforce and 132 units to accommodate seasonal workforce.
Retiring workforce. As discussed above in the employment profile for the retiring
workforce, there are about 1,870 Estes Valley residents with earnings who are age 60
or older and can be expected to retire by 2030. This equates to a housing need for
about 690 units because if the employees retire in place, their homes will not be
available to their replacements in the workforce and if they sell their homes, they will
no longer be affordable to the workforce.
2022
Jobs 7,571 7,938
Jobs per Employee 1.2 1.2
Employees 6,309 6,615
In-commuters 1,020 1,925
Commuter rate 16% 29%
Commuters that want to move to Estes 62% 62%
Employees per household 1.84 1.84
Commuter housing need 340 650
2015
Figure III-24.
Units Needed to
Replace Retiring
Workforce, Estes
Valley, 2016 to 2022
Source:
2016 Housing Needs Assessment,
ACS 5-year estimates, OPS
Strategies.
2022
2016 estimated employee to retire 1,150
ACS residents over 60 with earnings 1,205 1,867
2015 survey to ACS adjustment 0.95 0.95
Jobs per employee 1.2 1.2
Employees per household 1.84 1.84
Commuter housing need 520 810
2015
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 21
The 2016 vs 2022 data gap. With actual job growth of only 367 jobs equating to
about 140 units of housing demand and 360 units having been built since 2015, the
existing need in 2022 is about 200 units higher than expected. However, we know that
not all of the 360 new units were affordable to the workforce and it is likely that some
of the projected retirees are still in the workforce. While the 2016 and 2022 numbers
do not align perfectly they corroborate the story of what has happened on the ground
since the last housing needs assessment and emphasize the growing need for
affordable housing in the Estes Valley.
Forecasted job growth. Based on the DOLA forecast for Larimer County, the Estes
Valley will add 1,785 jobs by 2030. At 1.2 jobs per employee and 1.84 employees per
household, if Estes houses 85% of the job growth locally the job forecast represents a
housing demand of 690 units. The assumption that 85% of the employees will be
housed locally is carried forward from the 2016 Housing Needs Assessment. Applying
the seasonality proportion to the 690 units for job growth yields a need for 414
permanent household units and 276 seasonal workforce units.
Housing needs by income, tenure, and price-point. The number of
bedrooms and affordability for the future housing units will be a function of all the
household characteristics discussed in Section I. Demographic Profile. Those characteristics
are summarized below and then applied to the catch-up and keep-up housing needs.
Profile of renters and owners. Figure III-25 summarizes characteristics of renters and
owners in the Estes Valley that inform the types of housing that will be needed. The figure
displays the number and distribution of renter and owner households by demographic
characteristics and provides the homeownership rate by income, age group, household
type and race/ethnicity. Homeownership rates that are highlighted indicate rates that are 5
or more percentage points lower than the overall homeownership rate of 77%.
As expected, owners tend to be older and earn higher incomes than renters. Median
income for renters is about a third (36%) of the median income for owners.
Renters are more likely than owners to be living in non-family households (e.g. living
alone, living with roommates, or living with as unmarried partners). These renters
have a greater variety in needed housing types due to their varying size.
The vast majority (92%) of householders in the Estes Valley are non-Hispanic whites.
Hispanic households are significantly more likely to be renters than owners, with a
homeownership rate of 37%. Households held by other races/ethnicities are few, but
are more likely to be owners.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 22
Figure III-25.
Profile of Households by Tenure, Estes Valley, 2020
Note: *Due to the small sample size of Native American householders in the ACS data, the available information on
homeownership may reflect a substantive margin of error.
Source: 2020 5-year ACS, OPS Strategies
Figure III-26 shows the income distribution and rental/ownership need of the 2,720 units.
With the market not currently providing any ownership product under 120% of median
income and no rental product at the extremely low income levels, many of these units will
have to be deed restricted in some way. Based on the seasonality of unfilled and
Number Percent Number Percent
Total Households 1,516 100% 4,954 100%77%
Median Income
Income Distribution
Less than $25,000 491 32% 337 7% 41%
$25,000 - $35,000 331 22% 80 2% 19%
$35,000 - $50,000 100 7% 849 17% 89%
$50,000 - 100,000 360 24% 1,322 27% 79%
$100,000 or more 234 15% 2,366 48% 91%
Age of Householder
Younger households (15-24)156 10% 0 0% 0%
All householders 25 and over 1,360 90% 4,954 100% 78%
Ages 25-34 184 12% 151 3% 45%
Ages 35-44 176 12% 590 12% 77%
Ages 45-64 537 35% 2,015 41% 79%
Ages 65 and older 463 31% 2,198 44% 83%
Household Type
Family without children 471 31% 2,717 55% 85%
Family with children 149 10% 707 14% 83%
Living alone 770 51% 1,273 26% 62%
Other nonfamily 126 8% 257 5% 67%
Race/Ethnicity of Householder
Non-Hispanic White 1,221 81% 4,730 95% 79%
Hispanic 295 19% 173 3% 37%
Native American*0 0% 19 0% 100%
OwnersRenters
$33,140 $92,050
Ownership
Rate
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION III, PAGE 23
forecasted jobs, up to 408 of these units could be needed to accommodate seasonal
worker households.
Figure III-26.
Projected New Households by 2030, Estes Valley, Based on Job Growth
Note: Assumes current income and tenure distributions remain constant.
Source: ACS 5-year estimates, OPS Strategies
Figure III-22 shows how 2,720 new housing units would need to be designed to
accommodate their likely households, assuming the same household distribution as is
currently reflected in the community. If, however, the community wants to pursue a more
diverse demographic with more families with children, as discussed in the Comprehensive
Plan, the types of households needed would shift.
Figure III-27.
Projected New Households by 2030, Estes Valley, Based on Job Growth
Note: Assumes current household type distribution and homeownership rates remain constant.
Source: ACS 5-year estimates, OPS Strategies.
Renter Incomes Rental Owner Rental Owner Rental Owner
0-30% AMI 315 52 115 80 430 132 562
30-50% AMI 48 11 73 17 121 28 149
50-80% AMI 16 131 25 200 41 331 372
80-120% AMI 54 201 82 308 136 509 645
120-200% AMI 25 181 39 276 65 456 521
Over 200% AMI 10 176 15 270 25 447 471
Total 468 752 349 1,151 818 1,903 2,720
Total
Gap
(Catch Up)
Projected
(Keep Up) Total
HOUSING NEEDS ASSESSMENT
SECTION IV. COMMUNITY ENGAGEMENT FINDINGS
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 1
SECTION IV.
Community Engagement Findings
This section of the report presents the findings from community engagement processes
conducted to support the Housing Needs Assessment. Data explored in this section was
gathered from the Estes Valley 2022 Housing Survey which assessed the housing needs
and experiences of different groups in the Estes Valley. For this reason, the section is
broken down into three subsections—year-round Estes residents and in-commuters,
seasonal residents and second homeowners, and lastly, seasonal workers. This divided
approach to survey analysis allowed for a greater understanding of each group’s needs and
preferences. Survey findings are then followed by a summary of insights gathered from
stakeholder engagement.
Community Engagement Elements
The community engagement process included:
A survey available in English and Spanish (882 total responses, 190 Spanish speakers)
with tailored questions to local permanent residents, in-commuters, seasonal
homeowners, and the seasonal (summer) workforce.
Stakeholder interviews from varying sections including developers, economic
development organizations, social service providers, and employers.
Survey sampling and respondents. The survey was open to anyone interested
in participating (as long as they identified as an Estes Valley resident, worker, or seasonal
homeowner), meaning the results are based on non-probability sampling methods.
Responses were specifically derived from convenience sampling and snowball sampling
methods. Convenience sampling refers to promoting the survey to known individuals or
organizations through direct contact (e.g., email invitation) or public relations and social
media. Snowball sampling is when a respondent to the survey promotes the survey to their
peers or social networks (e.g., sharing the survey link by email or social media).
Root monitored the survey as it progressed and compared demographic and
socioeconomic indicators of resident respondents with the overall population and
continually worked to adjust outreach efforts as necessary to make sure we were reaching
all segments of the population. A total of 882 residents, workers, and seasonal owners
participated in the survey. The demographic characteristics of resident respondents
mirrored the Town’s demographic characteristics, as discussed in the Resident and In-
commuter Survey Respondent portion of this section of the report.
Surveys were available online and in paper form in both English and Spanish and
participation was promoted through the Town and Housing Authority’s various outreach
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 2
channels (namely email blasts and social media), as well as though both local newspapers,
stakeholder groups, the school district, and the Chamber of Commerce.
Key Findings
Conclusions and findings derived from survey respondents and stakeholder engagement
are summarized below.
Residents and In-commuters:
Cost was the most important factor in choosing a current home for both residents and
in-commuters, followed by liking the type of home, safety (low crime), and proximity to
parks and open space. Most current in-commuters did consider living in the Estes
Valley (83%) but chose to live elsewhere, most commonly due to affordability,
availability, or quality of housing.
Housing challenges in Estes Park have a disproportionate impact on renters, residents
of Hispanic descent, lower/middle income and younger residents. 70% of renters are
worried about the rent going up more than they can afford and nearly half are worried
their landlord will sell the home. Only half of owners reported any housing challenges,
most commonly size of home (not big enough to accommodate their family) and
affordability (struggling to pay property taxes or mortgage).
Displacement is also a concern, with 26% of all residents/in-commuters reporting they
have had to move from their home in the past five years when they did not want to—a
higher proportion than the 20% who said they had been displaced in the 2016 housing
needs survey. Again, renters (along with minority and low-income residents) are
disproportionately impacted with 43% saying they had to move then they didn’t want
to in the past five years. The most common reasons for displacement include inability
to pay rent/mortgage due to job or income loss, landlords selling the rental unit,
rent/property tax increases, and change in household size.
Most renters (60%) who responded to the survey want to buy a home in the Estes
Valley but are unsure if they will be able to due to expected challenges in finding an
affordable home (84%), affording down payments (56%), and not being able to
compete with other buyers in the market (43%).
Seasonal workers:
On average, seasonal workers typically find their housing from online listings (30%) or
through their employer (27%). Of those who live in employer-provided housing, 48%
live in Estes rent-free during employment, 17% are on a 6-month lease and 20% have
shorter (month-to-month or 3-month) leases.
Nearly three in four seasonal workers (72%) have considered living in Estes year-round
but have not done so because they have family or friends elsewhere (49%), cannot find
a permanent job in the area (40%), or cannot find year-round housing (27%).
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 3
Seasonal/Second Homeowners:
Nearly half (46%) of second homeowners bought their property in the Estes Valley
primarily because they plan to retire in Estes. Over half (56%) or current second
homeowners indicated that they have plans to live in Estes full-time in the future.
Seasonal/second homeowners are most likely to use their property for personal
reasons in the summer and fall, with about one-third living in their home for the
duration of the season.
Half of second homeowner respondents choose not to lease their property when they
are not using it, 27% lease as a short-term rental, and the remaining 33% lease as a
month-to-month or three-month rental (most commonly in the winter months.
Among those that do not currently lease, most (76%) say they would not consider
leasing, citing reasons such as desire for flexible/personal use, HOA/Town restrictions
on renting, or concerns about property damage.
Stakeholders:
Gaps in housing and social service needs have become increasingly burdensome on
year-round residents and workers in the Estes Valley. Rising housing and rental prices,
low vacancy rates, and underfunded social service programs have exacerbated these
needs—specifically vulnerable populations struggling to find market rate housing.
Overcrowding of existing housing units was identified as a key concern among housing
and service providers. They attribute such overcrowding to a lack of both availability
and affordability of units and note that this trend disproportionately impacts service
workers, Hispanic residents, and households with undocumented members.
Economic development representatives and business owners in the Valley are acutely
concerned about housing for workers which created material barriers to employee
recruitment and retention. A number of employers have even purchased
homes/apartments to rent to their employees, and others provide rental assistance
and/or rent their personal homes to their employees.
Stakeholders emphasized the importance of Estes establishing a year-round economy
(independent of visitation) but also acknowledge that housing solutions in the Valley
will have to address housing needs for seasonal workforce in addition to long-term
housing for permanent residents/workers.
Residential developers highlighted infrastructure costs and land availability as barriers
to attainable housing development and encouraged the Town to pursue public-private
partnerships for affordable and workforce development (e.g., incentives, subsidies,
etc. for affordable production).
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 4
Resident and In-commuter Survey Respondents
This section reports survey results from respondents who identified as year-round
residents of the Estes Valley (i.e., residents) or non-seasonal workers who are employed in
the Estes Valley but live elsewhere (i.e., in-commuters).
Respondent profile. As shown in Figure IV-1, the demographic profile of resident
survey respondents is similar to resident demographics overall (discussed in detail in
Section I of this report). Renters, racial/ethnic minority groups, and households with
children have slightly higher representation in the survey results than in the Valley overall.
Compared to resident respondents, in-commuters in the Estes Valley are younger, more
likely to be employed full-time, and less likely to be homeowners. The majority of in-
commuters live in Loveland (26%) and Windsor (19%). Fort Collins, Longmont, and Boulder
are also popular locations among in-commuters in the Estes Valley.
Figure IV-1.
Respondent
Profile
Note:
N=602
Source:
Root Policy Research from
the Eses Valley 2022
Housing Survey.
Residents
In-
Commuters
Total Respondents/Population 543 59 11,761
Household income
$0 up to $50,000 29% 24% 41%
$50,000 up to $75,000 23% 27% 15%
$75,000 up to $150,000 36% 39% 31%
$150,000 or more 12% 10% 13%
Age
18 to 35 years 20% 30% 15%
35 to 64 years 49% 63% 43%
65 years or older 31% 7% 31%
Tenure
Homeowner 63% 47% 77%
Renter 31% 21% 23%
Staying with friends or family 6% 17%
n/a
Camping or living in RV 0% 8%
n/a
Property caretaker 0% 8%
n/a
Race/Ethnicity
Non-Hispanic White 72% 53% 84%
Hispanic/Latino 22% 32% 10%
Non-Hispanic Minority 5% 15% 5%
Household composition
With Children under 18 33% 40% 13%
Without Children under 18 67% 60% 87%
Survey Respondents Estes Valley
Demographics
(Report Section I)
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 5
Housing choice. This section explores year-round residents’ and in-commuters’
housing preferences, choices, and experience with the housing market in the Estes Valley.
Where applicable, survey data are reported by respondent and household characteristics
(e.g., income, demographics, age).
Most important factors in choosing current home. Figure IV-2 shows the
importance of various factors respondents considered when choosing their current home
or apartment. Respondents rated the importance of each factor on a scale of 1 to 9, where
1 means “not at all important” and 9 means “extremely important.”
Figure IV-2.
How important are the following factors when choosing your current
home or apartment?
Note: n=598.
Source: Root Policy Research from the Estes Valley 2022 Housing Survey.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 6
Cost was the most important factor for both residents and in-commuters, followed by
liking the type of home, safety (low crime), and proximity to parks and open space.
In-commuters appear to place a higher priority on proximity to work than residents; in
actuality this simply reflects the fact that in-commuters are more likely to be working-age
than residents as a whole. Working age residents place a similar level of importance on
proximity to work (6.7).
Figure IV-3 shows responses to the same question by various resident characteristics
(tenure, income, age, and race/ethnicity). Each group’s top three factors are highlighted in
green.
Respondents from almost all groups prioritized cost/affordability, liking the type of
home/apartment, and low crime as a top factors when choosing their home.
Residents under the age of 35 prioritized proximity to work or job opportunities higher
than other groups. Those aged 35 years to 55 years also indicated a preference for job
proximity, while those older than 55 years prioritized proximity to health care services
and facilities. This is likely due to higher retirement rates among those 55 years and
older and a greater need for health care services.
Hispanic respondents’ average ratings placed housing factors in a similar order but
with less differentiation than non-Hispanic white respondents: average ratings ranged
from 5.0 to 6.8 from bottom to top for Hispanic residents but from 2.3 to 8.0 for non-
Hispanic white respondents.
Lower income groups place a lower value housing type and on proximity to amenities
(open space, grocery, entertainment and healthcare) than higher income groups. This
likely signals a tolerance for finding an available, affordable option even if it doesn’t
meet their other preferences.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 7
Figure IV-3.
How important are the following factors when choosing your current home or apartment?
By Respondent Characteristics
Note: Data are represented as average importance rating. N=542.
Source: Root Policy Research from the Estes Valley 2022 Housing Survey.
Housing factors Owners Renters
Under
35
years
35 to
54
years
55 or
older
$0 up to
$50,000
$50,000
up to
$75,000
$75,000
or more
Non-
Hispanic
White
Hispanic
or Latino
Cost/I can afford it 7.5 7.7 7.8 7.3 7.4 7.9 7.8 7.1 7.6 8.0 6.7
Like the type of home or apartment 7.1 7.6 6.4 6.6 6.9 7.5 6.6 6.8 7.5 7.3 6.8
Low crime/safe 6.9 7.2 6.4 6.3 7.0 7.1 6.8 6.8 6.9 7.0 6.8
Close to parks, open space, or outdoor rec.6.5 7.0 5.7 6.5 6.1 6.5 6.2 5.9 6.8 6.6 6.5
Close to grocery or pharmacy 5.7 6.1 5.0 5.8 5.9 5.9 5.6 5.3 5.7 5.6 6.1
Allows pets 5.7 5.6 6.0 6.0 6.7 5.3 6.1 6.0 5.5 5.8 5.7
Close to health care facilities and services 5.6 5.9 4.8 5.5 5.5 5.9 5.4 5.2 5.6 5.4 6.1
Close to work or job opportunities 5.5 5.1 6.1 6.8 6.7 4.6 6.1 5.7 5.3 5.4 6.4
Close to restaurants, entertainment, shopping 5.2 5.5 4.6 5.5 5.4 5.3 5.0 4.7 5.4 4.9 6.0
Close to family/friends 4.6 4.6 4.2 5.5 5.2 3.9 4.5 4.3 4.6 4.2 5.5
Has accessibility improvements 3.8 3.9 3.4 4.4 4.4 3.4 3.9 3.9 3.7 3.4 5.0
Landlord takes Section 8 3.1 2.7 3.3 4.4 4.2 2.0 3.5 3.3 2.8 2.3 5.5
Tenure Age Household Income Race/Ethnicity
All
Residents
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 8
In-commuter housing choice. Estes Valley in-commuters were asked to share their if
they had considered living in the Estes Valley when looking for their current housing. Most
in-commuters did consider the Estes Valley (83%) but chose to live elsewhere for a variety
of reasons, most commonly affordability, availability, or quality of housing (see Figure IV-4).
Figure IV-4.
When you were looking for your current housing, did you consider living in
the Estes Valley?
Note: N = 54.
Source: Root Policy Research from the Estes Valley 2022 Housing Survey.
The 17% of in-commuters who did not consider living in Estes indicated a preference for an
urban environment, having family or friends elsewhere, or the lack of affordable options in
the Estes Valley.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 9
Housing challenges. Year-round residents and in-commuters reviewed a list of
common housing challenges and were asked to indicate if they have or are experiencing
these challenges. Overall, 31% survey respondents indicated that they have not
experienced any common housing challenge—homeowners and residents over the age of
75 were the most likely groups to indicate they had no housing challenges (50% and 58%,
respectively).
Nearly one in four respondents (24%) noted that their greatest housing challenge was
concern over rent increases. Struggling to pay current rent and/or mortgage payments
(18%) was also a top concern. Responses from residents and in-commuters are presented
in Figure IV-5; other groups are shown in Figure IV-6.
Figure IV-5.
Do you face any of these challenges in your housing situation?
Note: n=437
Source: Root Policy Research from the Estes Valley 2022 Housing Survey.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 10
Primary findings from cross tabulation analyses (shown in Figure IV-6) include:
Homeowners are less likely to experience housing challenges in Estes. For owners who
did report housing challenges, the most common concerns were size of home (not big
enough and affordability (struggling to pay property taxes or mortgage).
Most renters (70%) are concerned about rent increases and nearly half of renter
respondents (47%) worry that their landlord will either sell their home or convert it to
a short-term rental (40%).
Racial and ethnic minority groups are much more likely than non-Hispanic White
respondents to experience housing challenges. Top concerns among Hispanic
respondents were rent increases and landlords selling or converting the home to
short-term rentals.
Hispanic respondents and low income respondents were more likely than any other
group to want to move in order to live with fewer people. Other engagement efforts
also indicate these groups are “overcrowding” in order to afford housing.
Hispanic/Latino residents (33%) and non-Hispanic minorities (28%) disproportionately
experience challenges in finding/keeping housing that meets their family’s needs. Only
10% of non-Hispanic residents reported that their home is not big enough for their
family members.
Open ended responses by residents shed additional light on specific concerns:
“I worry if we ever had to move we couldn’t find housing in Estes and I would be forced to
quit my job and uproot my family to live elsewhere.”
“I am OK now but worry that as taxes & insurance rise (increasing my mortgage payment) &
cost of living increases I may not be able to afford to continue to live in Estes Park.”
“I have issues covering the costs of keeping my house in good repair and finding craftsmen
to do the work.”
“Worried they might prefer renting to someone making more but doesn’t work in Estes
(remote work).”
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 11
Figure IV-6.
Do you face any of these challenges in your housing situation?
Note: N=510
Source: Root Policy Research from the Estes Valley 2022 Housing Survey.
Housing challenges Owners Renters
Under
35
years
35 to 54
years
55
years
or older
$0 up
to
$50,000
$50,000
up to
$75,000
$75,000
or
more
Non-
Hispanic
White
Hispanic
or
Latino
None of the challenges listed 32% 50% 7% 5% 17% 58% 14% 25% 44% 43% 8%
At least one housing challenge: 68% 50% 93% 95% 83% 42% 86% 75% 56% 57% 92%
I worry about my rent going up to an amount I
can't afford 24% 3% 70% 40% 32% 13% 47% 22% 12% 21% 35%
I struggle to pay my rent/mortgage 18% 11% 33% 24% 28% 9% 30% 16% 12% 17% 25%
I worry about my landlord selling the home 18% 2% 47% 31% 25% 8% 33% 17% 8% 15% 34%
I struggle to pay my utilities 16% 9% 27% 16% 23% 12% 24% 14% 11% 17% 15%
I worry about my landlord converting the home to
a short term rental 16% 3% 40% 27% 19% 8% 29% 16% 7% 12% 29%
My home isn't big enough for my family members 16% 13% 18% 21% 26% 5% 12% 18% 16% 10% 30%
Other housing challenge 14% 12% 18% 10% 15% 18% 22% 16% 10% 18% 9%
I want to get my own place/live with fewer people,
but I can't afford it 13% 2% 35% 30% 16% 6% 25% 13% 6% 11% 23%
I need help taking care of myself/my home and
can't find or afford to hire someone 11% 11% 6% 15% 14% 7% 9% 15% 11% 7% 20%
I struggle to pay my property taxes 9% 12% 2% 7% 13% 5% 8% 9% 8% 8% 5%
I worry that if I request a repair my rent will go up 9% 1% 25% 11% 12% 7% 21% 8% 3% 7% 13%
I am afraid I may get evicted or kicked out 9% 2% 19% 15% 11% 5% 14% 10% 4% 5% 21%
I'm worried about my home going into foreclosure 5% 4% 4% 8% 7% 3% 7% 5% 4% 3% 6%
I struggle to pay my HOA dues 5% 6% 1% 5% 3% 5% 5% 6% 4% 3% 8%
I have a disability and can't find an accessible
place to live 3% 1% 3% 6% 3% 1% 5% 5% 2% 2% 9%
Tenure Age Household Income Race/Ethnicity
All
Residents
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 12
Displacement and experience looking for housing. This section explores
recent experiences with displacement (having to move when you did not want to move)
and experiencing looking for housing in Estes Park..
Displacement. In the past five years, 26% of year-round residents and in-commuters
have had to move from their home or apartment in the past five years when they did not
want to—a higher proportion than the 20% who said they were displaced in the 2016
Housing Needs Survey.1 Respondents who are younger (under 35), identify as a
racial/ethnic minority, have low incomes (less than $50,000) are the most likely groups to
have been displaced. Renters are much more likely to be displaced than owners.
Figure IV-7.
Percent of
Respondents
Displaced in
the Past Five
Years
Note:
N=130
Source:
Root Policy Research from
the Estes Valley 2022
Housing Survey.
Older residents in the Estes Valley are significantly more likely to have not moved in the
past five years—66% of residents aged 55 to 74 years and three in four respondents (75%)
over the age of 75 have not moved in five years. These trends provide important insight on
town and city planning for young residents looking to start families in the Estes Valley and
seniors hoping to age in place.
This is similar to displacement among renters and owners. Only 12% of owners responded
that they had moved when they did not want to compared to 43% of renters—a difference
1 According to the 2016 HNA, 20% of residents overall (32% of renters and 9% of owners) were evicted or forced to
move from their home or apartment when they did not want to. Top reasons for displacement in 2016 included rental
conversations (e.g., short-term and vacation rentals), owners moving into previously rented homes, and flood damage.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 13
of thirty-one percentage points. Reasons for displacement among owners and renters vary
as well. Most owners cited inability to pay rent/mortgage due to job or income loss (34%),
change in household size (29%), and an increase in property taxes (23%) as reasons for
displacement. Renters, on the other hand, identified reasons related to landlords such as
the unit being sold (38%), rental unit conversions from long-term to short-term rentals
(22%), owners not committing to a long-term lease (21%).
Difficulty finding housing. Survey respondents were also asked about their experience
finding affordable housing that meets their household’s needs in the Estes Valley. Note that
existing owners are excluded from this analysis as most have been in their current home
for an extended period and their experience may not reflect current market conditions.
Two-thirds of Estes Valley renters and half of Estes-Valley in-commuters said it was “very
difficult” to find housing that meets their needs in the Estes Valley. Fewer than one in ten
said it was either “somewhat easy” or “very easy” to find housing meeting their needs.
Figure IV-8.
What is your
experience with
finding housing
that meets your
needs in the Estes
Valley?
Note:
N=555
Source:
Root Policy Research from the
Estes Valley 2022 Housing
Survey.
Renter desire to own. Most year-round Estes renters (60%) want to buy a home but
are unsure if they will be able to, primarily due to affordability and availability concerns in
the for-sale market:
86% of renters said finding a home in their price range is the greatest challenge they
will likely face in buying a home in the Estes Valley;
Over half (56%) anticipate not being able to afford a down payment; and
43% of respondents believe that homes are selling too fast in Estes and worry that
they won’t be able to compete with other buyers.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 14
Figure IV-9.
Renter Desire to Purchase a Home
Note: n=146 and n=111
Source: Root Policy Research from the Estes Valley 2022 Housing Survey.
For renters who anticipate challenges not provided on the survey, important comments
include:
“Straight up availability!!!”
“The quality of homes in an affordable price range are highly lacking.”
“There’s also not a very strong guarantee of a secure job which would allow me to maintain
a mortgage.”
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 15
Seasonal Worker Survey Respondents
This section of the report analyzes survey responses collected from seasonal workers in
the Estes Valley, their housing situations during employment, experience with finding
housing, and plans to transition to full-time residence.
Respondent profile. Seasonal workers in the Estes Valley are often young (half of
respondents are under the age of 35), from lower to middle-income households, and rent
seasonally when they are working in Estes. Seasonal workers were also more likely than
permanent resident respondents to identify as a racial/ethnic minority group (58%
identified as Hispanic and 23% identified as a non-Hispanic minority).
Most seasonal workers in Estes Park work in the area for six months or less during the year
and live in other parts of Colorado when they are not working/living in the Estes Valley.
Figure IV-10.
Respondent Profile
Note:
N=112
Source:
Root Policy Research from the Estes
Valley 2022 Housing Survey.
Finding housing. Seasonal workers are most likely to find their housing online (30%)
or through their employers (27%). Brokers and realtors also play a significant role in finding
seasonal housing. Three percent of seasonal workers indicated living in their car, camper,
or RV.
Seasonal Worker
Respondents
Seasonal workers 112
Household income
$0 up to $50,000 47%
$50,000 up to $75,000 24%
$75,000 up to $150,000 28%
$150,000 or more 1%
Age
Under 35 years 51%
35 to 54 years 41%
55 years or older 8%
Race/Ethnicity
Non-Hispanic White 20%
Hispanic/Latino 58%
Non-Hispanic Minority 23%
Months per year in Estes
1 to 4 months 23%
5 or 6 months 39%
7 to 9 months 31%
10 or 11 months 8%
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 16
Figure IV-11.
How do you find
your housing in
the Estes Valley?
Note:
N=107
Source:
Root Policy Research from the
Estes Valley 2022 Housing
Survey.
Of those who find housing from their employers, nearly half (48%) live in the Estes Valley
rent-free during employment and 17% sign a 6-month lease. Another 20% have shorter
leases (month-to-month or 3 months).
Figure IV-12.
If housing is
provided by your
employer, what is
your lease type?
Note:
N=29
Source:
Root Policy Research from the
Estes Valley 2022 Housing Survey.
Only 4% think finding housing in Estes is “very difficult,” compared to 69% of permanent
resident renters in the Estes Valley. This is driven in part, by employer provided housing,
but also the seasonality of the rental market in the Valley.
Figure IV-13.
What is your experience
finding housing that
meets your seasonal
needs in the Estes Valley?
Note:
N=106
Source: Root Policy Research from the Estes
Valley 2022 Housing Survey.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 17
Full-time residence. Most seasonal workers (72%) have considered living in the Estes
Valley full time, as shown in Figure IV-14. About half chose not to live in the Estes Valley
due to relationships elsewhere and 40% said they could not find a permanent job in the
are. Housing availability is also a driver—27% said they chose not to live in the Valley
because they could not find year-round housing.
Figure IV-14.
Have you considered living in the Estes Valley year-round?
Note: N=70
Source: Root Policy Research from the Estes Valley 2022 Housing Survey.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 18
Second Homeowner Survey Respondents
This section focuses on seasonal homeowners in the Estes Valley—those who own a home
in the valley but do not live there full-time.
Respondent profile. Seasonal and second homeowners in Estes tend to be older
(between 55 and 74 years old), higher income, and non-Hispanic White. On average,
seasonal owners have had their second/seasonal home for 14 years.
Figure IV-15.
Respondent profile
Note:
N=161
Source:
Root Policy Research from the Estes
Valley 2022 Housing Survey.
Motivation for purchase. Nearly half of seasonal respondents (46%) indicated that
primary motivation for buying their house in Estes was they “plan to retire and live full-time
in Estes.” This is followed by 35% of seasonal residents who bought to have a place to get
away/vacation. Only 12% bought their second home specifically as an investment property.
Seasonal & 2nd
Homeowners
Seasonal/second homeowners 161
Household income
$0 up to $50,000 18%
$50,000 up to $75,000 14%
$75,000 up to $150,000 40%
$150,000 or more 29%
Age
Under 35 years 14%
35 to 54 years 25%
55 years or older 61%
Race/Ethnicity
Non-Hispanic White 58%
Hispanic or Latino 30%
Non-Hispanic Minority 12%
Households Composition
With Children under 18 44%
Without Children under 18 56%
Figure IV-16.
What was your primary
motivation for buying in
the Estes Valley?
Note: N=151.
Source: Root Policy Research from the Estes
Valley 2022 Housing Survey.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 19
Property usage. Seasonal and second homeowners were asked how often and during
which seasons they use their home in the Estes Valley and if they lease their property when
they are not in Estes. Blue and green bars in the figure represent variations on personal
use; gray bars show variations of non-personal use.
All types of use—particularly personal use—are highest in the summer and fall months
while winter has the lowest use. About one-third of seasonal homeowners live in their
Estes Park home for the entire season in summer and fall.
Figure IV-17.
About how often do you or your family use your property in each season?
Note: n=92
Source: Root Policy Research from the Estes Valley 2022 Housing Survey.
As shown in Figure IV-18 (on the following page), half of seasonal owners do not lease their
home when not using it, about 27% lease as a short-term rental, and another 33% lease it
as a month-to-month or three-month rental (most commonly in the winter months).
Among those who do not currently lease, most (76%) say they are not interested in leasing
citing reasons such as desire for flexible personal use, HOA/Town restrictions, or concerns
about property damage. Comments included:
“We want to be able to use our home spontaneously whenever we want, not be limited to
when renters are using it.”
“I would like to do short-term rentals but aren’t allowed due to my zoning district and lack
of permit.”
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 20
“Too many horror stories about lease outs or rentals. Just not worth the trouble for a home
we love.”
Figure IV-18.
When you are
not using
your home in
Estes, do you
lease it out?
Note:
N=150.
Source:
Root Policy Research
from the 2022 Housing
Survey.
Respondents who do not currently (but have considered) leasing their residence also
provided insight on why they would lease. Frequently cited reasons include addressing
Estes’ affordable housing shortage and earning a second income while avoiding home idle
time.
Future plans. As noted previously, nearly half of respondents (46%) indicated that their
primary motivation in buying their Estes Valley home was they “plan to retire and live full-
time in Estes.” When asked specifically about their future plans, more than half of all
seasonal owners (regardless of their original purchase motivation), plan to transition from
seasonal residence to full-time residence in the future. Only 17% do not have plans to live
in Estes full-time while one in four second homeowners are unsure. (27%).
Figure IV-19.
Do you have future plans to
live in Estes Park full-time?
Note:
N=149
Source:
Root Policy Research from the Estes Valley 2022
Housing Survey.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 21
Estes Valley Stakeholder Perspectives
Community engagement for the Estes Valley Housing Needs Assessment included
extensive outreach efforts to community stakeholders. A list of stakeholder participants
was consolidated by Town staff and contacted by email to participate in virtual interviews
on housing needs, workforce needs, development, and housing market trends in the Estes
Valley. Interviews were conducted in September and October 2022. Participants
represented a wide range of groups and stakeholders with experience in economic
development, housing and social services, and housing development. The following section
summarizes the main findings from engagement efforts.
Housing and Social Service Needs. Gaps in housing and social service needs
have become increasingly burdensome on year-round residents and workers in the Estes
Valley. Rising housing and rental prices, low vacancy rates, and underfunded social service
programs have exacerbated these needs—specifically vulnerable populations struggling to
find market rate housing.
Housing supply. The greatest housing need in Estes is increasing the Valley’s inventory
of reasonably priced housing. Stakeholders believe that housing inventory has
progressively worsened in the past five years and many perceive affording housing in the
Estes Valley as nearly impossible for year-round residents and families to attain. Housing
supply trends and challenges noted by stakeholders include:
Supply of housing—specifically rentals—is lowest in the spring and beginning of
summer. Stakeholder perception is that in recent years, landlords and property
owners have changed lease terms from 12 months to 6 months. In peak seasons,
many landlords increase rent by 20% to 30%.
Strong demand for vacation homes and retirement homes puts significant pressure on
the housing market and prices making it difficult for young families and workers to
access homeownership. Stakeholders indicate there is substantial unmet demand for
homes priced around (and below) $300,000, which is well-below current market prices.
Workforce housing needs. Stakeholders provided in-depth information on year-round
and seasonal workforce needs. Nearly all stakeholders agree that preserving and retaining
the Estes Valley’s young workforce is vital to the Estes Valley’s long-term success. Without
meaning full action to address workforce housing and needs, Estes will continue to lose its
young population and fail to meet the needs of its older population. Overall sentiments
shared by stakeholders include:
There is high demand for rentals among year-round and seasonal workers, especially
in the spring and summer. Housing is easier to find in the fall and early winter when
visitation decreases, however, many seasonal workers leave Estes during this time.
General consensus among industry groups seems to be that Estes needs to improve
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 22
its inventory of seasonal worker housing such that workers have housing in peak
season that does not displace permanent residents..
Wages do not match housing and rental prices in Estes. Housing prices have risen
faster than wage and many workers do not make enough money to enter
homeownership. In fact, it is hardest to house early- and mid-career professionals as
they are less likely to have accumulated wealth and equity.
Stakeholders recommend that the Town address seasonal worker housing needs
through employer partnerships and seasonal housing. Recommendations for
addressing non-seasonal workforce included deed restrictions, rental assistance, and
innovative solutions to match supply and demand.
Undocumented residents. Stakeholders indicated that households with
undocumented residents (and those in the process of documentation) are particularly
vulnerable to housing challenges. Many property owners and management companies
require documentation for application approval and often the options available to
residents without documentation are underserviced, overcrowded, or in poor condition.
Residents lacking documentation are particularly vulnerable when properties are sold (if
that results in a change in rental requirements) and typically do not seek public assistance
or publicly supported housing options.
Persons experiencing homelessness. There is a general perception that housing for
persons experiencing homeless has progressively worsened, especially for those who
struggle and/or are hesitant to access Estes’ resources and services. Many stakeholders
attributed this trend to the lack of attention and priority the Town has placed on homeless
people and capacity constraints. In fact, ”hidden homeless” has increased in recent years,
with more residents couch surfing or living in their cars. Residents with a criminal or
eviction history may be at higher risk of homelessness as they are often excluded from
rental opportunities.
Mental health services. Social service providers in Estes Park highlighted a need for
additional mental health services to improve household stability. Stakeholders highlighted
mental health service needs specifically for people experiencing homelessness and
housing instability, children in overcrowded households, and low-income families.
Displacement mitigation. Year-round residents have increasingly faced challenges of
residential displacement, especially undocumented residents and low-income residents
that cannot keep up with rising housing and rental costs. Many stakeholders emphasized
the importance of prioritizing young workers as essential to the Estes Valley. Specific
displacement challenges highlighted by stakeholders include:
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 23
Barriers to Economic Development. Economic development in the Estes Valley
is largely reliant on its seasonal economy and visitation. Estes Valley stakeholders spoke to
the importance of establishing a year-round economy independent of visitation. Barriers to
becoming a year-round economy include rental prices and inventory which have a
significant impact on employers’ ability to recruit and retain employees, as well as
consistent loss of workforce being priced out of the community.
In recent years, employers have struggled to recruit and retain employees due to the
housing market in Estes and the lack of available and affordable apartments. These
challenges have been exacerbated by the increase in retirees and second homeowners, the
COVID-19 pandemic, and business closures.
To ensure their business is not understaffed during peak seasons, some employers have
begun buying apartment complexes/units or renting their home to their employees who
cannot find housing. Employers have also engaged in alternative housing solutions such as
offering direct rental assistance/aid.
Many employers have anecdotes of potential employees rejecting job offers because they
were unable to find housing or childcare. For employees who do decide to relocate to the
Estes Valley for work, employers often struggle to keep their workers longer than 3 to 5
years, especially young employees looking to settle down, start families, and/or transition
to homeownership.
Barriers to residential development. Stakeholders identified various barriers to
development of both affordable units and workforce housing in the Estes Valley:
Infrastructure uncertainties. Infrastructure can be extremely costly in mountain
communities and the uncertainty associated with both cost and implementation can
create delays in housing production increase risk for developers.
Land limitations. The Estes Valley’s lack of developable land has also slowed
housing production and made it more difficult to identify affordable housing solutions.
Despite the aforementioned barriers, stakeholders did commend the Town for addressing
some previous barriers including prohibitive zoning codes and incentives for affordable
development.
Stakeholder recommendations. Stakeholder provided numerous
recommendations and solutions for housing, workforce, and social service needs.
Stakeholder recommendations to address social service needs (that could increase housing
stability) include:
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 24
Provide increased funding to non-profit organizations and service providers that work
with people experiencing housing instability, residents with a mental illness, and
homeless residents.
Establish social service programs and outreach/advocacy positions. Stakeholders
mentioned that Estes needs to increase its services and capacity. Increased capacity
would allow for more programs such as providing transportation to shelters or
agencies providing on-site case management.
Follow Evergreen’s model and approach to homelessness: consider establishing
overnight shelters during cold weather seasons and programs that provide temporary
housing while residents pursue workforce development training.
Expand the circle of care from day-to-day services to programs and services that
address long-term challenges, specifically mental health and addiction treatment. This
is especially important for residents who will likely face challenges when they leave
shelters or temporary housing situations.
Stakeholder recommendations to address affordable housing gaps and barriers to
residential development include:
Support income-restricted workforce housing to prevent displacement and ensure
that housing is affordable and attainable for low-income families and workers.
Use lodging tax revenue to expand workforce housing and repurpose older buildings
into dorms for workers and seasonal renters.
Increase rental assistance/aid while working towards achieving realistic housing price
points.
Focus on public-private partnerships and developer incentives to increase the supply
of workforce housing. Specific suggestions include building partnerships with
developers, donating land, tax/fees forgiveness, and other incentives. Developers also
noted that subsidizing infrastructure is more valuable than a land donation (both
reduce cost but infrastructure provision would also reduce uncertainty).
Identify displacement prevention policies including potential incentivizes for property
owners to preserve existing naturally occurring affordable housing.
Determine incentives for year-round residents and/or second homeowners to build
and lease Accessory Dwelling Units (ADUs). Incentives could include waiving fees for
individual developments or incentives for property owners to lease their homes as
long-term rentals rather than seasonal rentals.
ROOT POLICY RESEARCH, WILLIFORD LLC, AND OPS STRATEGIES SECTION IV, PAGE 25
Begin a “Mortgage Matching” program that provides temporary housing to young
working adults while saving up for down payments for a home. This program would
help individuals build equity while saving money to transition into homeownership
without worrying about housing costs.
Funding for housing needs to focus on deed restrictions, converting old buildings and
units, purchasing properties outright, water subsidizes and more rental assistance.
Work towards building a self-sufficient, independent community and economy reliant
on year-round residents and workers rather than the seasonal workforce and in-
commuters.
Stakeholder recommendations related to implementation and oversight include:
Consider a housing board or task force to monitor housing investments and
strategies.
Ensure transparency by tracking affordable/workforce housing goals, progress, and
investments and clearly communicating milestones with residents.
APPENDIX A.
UPDATE ON 2016 RECOMMENDATIONS
ROOT POLICY RESEARCH, WILLIFORD, AND OPS STRATEGIES APPENDIX A, PAGE 1
APPENDIX A.
Update on 2016 Recommendations
Since the 2016 Housing Needs Assessment, the Town of Estes Park and the Estes Park Housing Authority have made good progress
implementing several of the recommendations of that report. Many of these strategies have been implemented relatively recently
and are ongoing. The table below provides a status update, and links those actions to the recommendations of this plan.
2016 Housing Needs Assessment
Recommendations
Current Status Forward Looking Recommendations -
Crosswalk to 2023 Action Plan
Allocate the resources needed to make
workforce housing a priority with a
commitment to figure out “how” to build
homes, not “if” workforce housing should
be built.
Community now focused on
“how.”
Continue community engagement – focused on
implementation specifics. (2023 Action #17)
Immediately initiate work on the development
of additional rental units that are scattered
throughout neighborhoods in the community
(accessory units), on site as part of
commercial/institutional developments, and in
apartment complexes. Create diversity in the
rental inventory in unit type, location and
income targeting.
Code updates regarding
accessory complete.
Ensure the success of rental projects that are in the
predevelopment stages (2023 Action #5)
Add additional incentives that support creating
accessory dwelling units. (2023 Action #9)
Seek new development and preservation of
buildings to serve a broader range of local
workforce households. (2023 Action #1-10)
Pursue the development of additional
ownership housing immediately, though only
consider condominiums in unique situations
like the downtown area and provided that
mortgage financing is approved for the units.
Townhomes, duplexes and single-family
homes in neighborhoods with the amenities
desirable by families should be a high priority.
Wildfire in process. Cultivate additional new homeownership
development opportunities. (2023 Action #5,6)
Pursue Missing Middle Strategic Plan. (2023 Action
#13)
Provide gap funding for homeownership affordable
to local workforce. (2023 Action #14)
ROOT POLICY RESEARCH, WILLIFORD, AND OPS STRATEGIES APPENDIX A, PAGE 2
Create opportunities to effectively use limited
land and financial resources for workforce
housing.
Several land use code
updates have been
implemented that address
this recommendation
including linkage, ADUs,
STRs, and density bonus in
RM zone.
Ensure the success of a local dedicated funding
source, and build capacity and program guidelines
to deploy it quickly and effectively. (2023 Action #11)
Seek additional opportunities to zone for
affordability. Very little land in Estes allows for
efficient construction of apartments and
townhouses. (2023 Action #13)
EPHA to lead land acquisition efforts. (2023 Action
#7)
Work with employers on use of land and buildings
for employee housing. (2023 Action #8)
Develop deed restrictions that can be applied
uniformly to ownership housing for the
workforce and that include employment
requirements.
Some deed restrictions put in
place through new density
bonus.
Develop a comprehensive set of guidelines to create
consistent expectations for community members,
developers, funders, and compliance staff. Create a
database for compliance and online portal for
applications. (2023 Action #19)
Engage the community, build momentum and
develop capacity to implement strategies over
the long term.
Current community
engagement is focused on
Comp Plan update, Housing
Needs Assessment Update,
and Lodging Tax Ballot
Initiative.
Continue community engagement, education, and
outreach on broad housing topics and specific
project and policy initiatives. (2023 Action #17)
Additional staff capacity will be needed at the Town,
Housing Authority, and/or partner non-profits if the
community desires to increase workforce housing
production over historic levels. (2023 Action #18)
Learn from other communities Ongoing. EPHA has recently
done a listening tour on best
practices for compliance
management.
Ongoing. Complete deed restriction compliance
survey with CAST members. Continue to learn from
peer communities. (2023 Action #18-19)
Page 116
GENERAL PUBLIC COMMENT RECEIVED 2023-01-24