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PACKET Town Board 2026-03-24
Policy Governance Monitoring Report - Policies 3.1, 3.2, 3.4, 3.5, 3.6, 3.9, 3.10 and 3.11. Board Policy 2.3 established reporting requirements for the Town Administrator under Policy Governance. The above policies are reported on annually in March. Town Board of Trustees Regular Meeting March 24, 2026, 6:00 p.m. Town Hall Board Room, 170 MacGregor Ave, Estes Park Accessibility Statement The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Meeting Participation This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos. Click on the following links for more information on Digital Accessibility, and Public Comment. Agenda – 6:00 p.m. Request to Enter Executive Session For discussion of a personnel matter – Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees – to conduct Town Administrator Machalek’s annual review. Regular Agenda – 7:00 p.m. Pledge of Allegiance Proclamation – Volunteer Month Agenda Approval Public Comment Town Board Comments/Liaison Reports Town Administrator Report Acknowledgement of Trustee Younglund Consent Agenda 1. Expenditure Approval Lists – Bills 2. Town Board Meeting and Study Session Minutes dated March 10, 2026 3. Town Board Agenda Consent Town Board Strategic Planning Session #1 Minutes dated March 9, 2026 4. Estes Park Board of Adjustment Reappointment of Jeff Moreau for a three (3) year term expiring March 31, 2029 5. Estes Park Planning Commission Reappointment of Julie Phares for a five (5) year term expiring March 31, 2031 6. Police Department Motorola Radio Purchase, $263,697, Budgeted 7. Resolution 27-26 Amendments to a Professional Service Agreement with Executive Partnering to Invest in Children for a Childcare Facility Master Plan 8. Resolution 28-26 Services Contract with RATP Dev USA, Inc. for 2026 Operation of The Peak, $583,486.09, Budgeted 9. Resolution 29-26 Contracts for On-Call General Contracting Services with Growling Bear Co, TCC Corp and Whitestone Construction, Budgeted 10. Resolution 30-26 Efficiency Works Incentives and Request for Payment Terms and Conditions to Secure a Rebate of $9,975 for LED Lighting Replacement Completed at Town Hall 11. Resolution 31-26 Setting the Public Hearing for a New Hotel and Restaurant Liquor License for Estes Rooftop Hub Inc. dba Solé Rooftop Cantina and Tequila Bar, 165 Virginia Drive, Estes Park, Colorado 12. Letters of Support for Community Project Funding through the Congressionally Directed Spending process for the Estes Park Stanley Park Complex Economic Development and Community Infrastructure Project (Funding for Replacement of the Stanley Park Event Center Stall Barns) 13. Acceptance of Town Administrator Policy Governance Monitoring Report Agenda continues on page 3. Reports And Discussion Items (Outside Entities) 1. 2025 Base Funding Report: Estes Valley Watershed Coalition Presented by President Leavitt To present on how 2025 Town Base Funding was used to benefit the community and/or advance the Town's Strategic Plan. Liquor Items 1. Resolution 32-26 New Hotel and Restaurant Liquor License Filed by Sky Peak Group LLC dba Estes Perk, 145 E. Elkhorn Avenue Units 98 and 105, Estes Park, CO 80517 Presented by Town Clerk Williamson Consider a new liquor license application and to consider the needs and desires of the neighborhood. 2. Resolution 33-26 New Beer and Wine Liquor License Filed by Snow Dragon LLC dba Mary Jane’s, 358 E. Elkhorn Avenue, Estes Park, CO 80517 Presented by Town Clerk Williamson Consider a new liquor license application and to consider the needs and desires of the neighborhood. Action Items 1. Resolution 34-26 Freelan Heights Subdivision Final Plat, Stanley Lot 2A LLC, Brad O’Neil Owner/Applicant Presented by Senior Planner Hornbeck Proposed final subdivision plat to create ten single family lots and eliminate six existing duplex lots. 2. Request to Rename – Monteverde Park (Parque Monteverde) Presented by Town Administrator Machalek Consider a request to rename the Town-owned space northeast of the traffic circle at Moraine/Crags/West Riverside to Monteverde Park (Parque Monteverde. Agenda continues on page 4. 3. Bylaws for the Estes Park Local Marketing District Presented by Town Administrator Machalek Consideration of the bylaws adopted by the Board of Directors of the Estes Park Local Marketing District (Visit Estes Park). Reports and Discussion Items 1. Annual Review of Vacation Home Residential Cap Presented by Town Clerk Williamson Review the residential vacation home cap as required by the Municipal Code on an annual basis and provide an update on the current waitlist lottery. Adjourn � Ex ecutiv e S essi on Honorable Mayor Hall & Board of Trustees No packet material will be provided for this item. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. .••':-: ''-^\ Csiteg ^arfc, Colorabo rodamation WHEREAS, the foundation of a humane and just society is the people's willingness to work together for the common good; and WHEREAS, our volunteers demonstrate that it is possible to bring people together in response to our community's critical needs; and WHEREAS, April is National Volunteer Month, and provides an opportunity to recognize the individuals who selflessly give of their time and talents; and WHEREAS, in 2025,262 individuals gave 27,321 hours to the Town ofEstes Park through service on boards, commissions, programs, services and events, which equates to a value of $950,498; and WHEREAS, it is the duty of every resident and leader to honor our dedicated volunteers and celebrate the volunteer programs that contribute to the quality of life in Estes Park. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees of the Town ofEstes Park do hereby proclaim the month of April as VOLUNTEER MONTH In the Town ofEstes Park, and urge all citizens to join in recognizing these unselfish, committed individuals. In witness whereof I have hereunto set my hand and caused this seal to be affixed. Gary Hall, Mayor Attest: March 24th, 2026 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Date: March 24, 2026 Subject: Policy Governance Monitoring Report – Policy 3.1, 3.2, 3.4, 3.5, 3.6, 3.9, 3.10, 3.11 Type: Other: Policy Board Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. In January of each year the Town Administrator is required to report on the following staff limitations: Policy 3.1 Customer Service Policy 3.2 Treatment of Staff Policy 3.4 Financial Conditions and Activities Policy 3.5 Asset Protection Policy 3.6 Emergency Town Administrator Backup and Replacement Policy 3.9 Communication and Support to the Board Policy 3.10 Capital Equipment and Improvements Programming Policy 3.11 Quality of Life This report constitutes my assurance that, as reasonably interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. Travis Machalek Town Administrator Policy 3.1: The quality of life in the Town of Estes Park depends upon the partnership between residents, elected officials, and Town employees. Therefore, within the scope of his/her authority, the Town Administrator shall not fail to ensure high standards regarding the treatment of our residents. 3.1.1: The Town Administrator shall not fail to encourage the following basic attitudes in employees: 3.1.1.1 – The residents of the Town of Estes Park deserve the best possible services and facilities given available resources. 3.1.1.2 – Prompt action is provided to resolve problems or issues. “Prompt Action” shall be interpreted as: •Residents receive initial responses at a minimum acknowledging the receipt of the contact, within two business days •The appropriate process required to resolve the problem is initiated within three business days of receipt, whenever possible. 3.1.1.3 – Attention is paid to detail and quality service is provided that demonstrates a high level of professionalism. 3.1.1.4 – Each employee represents excellence in public service. 3.1.1.5 – Each employee is “the Town” in the eyes of the public. Interpretation: I interpret this to mean that the importance of customer service is reinforced in training and in performance evaluations of all staff, and that all staff are held accountable for providing a high level of customer service. This does not mean that the customer always gets everything that they might request, but rather that Staff is polite, professional, responsive, and fair with all members of the public. Given the relatedness of all the subsections of 3.1.1, it is my interpretation that I may report on these limitations as a group. Compliance with the policy will be achieved when: 1. Customer issues are handled in a prompt, polite, and fair manner. 2. Complaints and/or concerns that the Town Board and Town Administrator receive about customer service regarding Town employees are minimal. Evidence: 1. Customer Service is included in the performance evaluations of all employees. Attachment 1 2. The Town Board and Town Administrator receive minimal customer service complaints from members of the public. Customer service complaints that are received are addressed in a prompt manner. 3. The Town Board, Town Administrator, and Executive Leadership Team receive compliments and letters of appreciation from customers. 4. Town employees complete mandated Service Elevated customer service training. 5. 85% of respondents to the Town’s 2025 Community Survey rated our Overall Customer Service positively (e.g. excellent/good). Report: I report compliance. 3.1.2: The success of Estes Park Town Government depends upon the partnership between residents, elected officials, and Town employees. Accordingly, regarding the treatment of residents and customers, the Town Administrator shall not: 3.1.2.1 – Fail to inform residents of their rights, including their right to due process, as they relate to the operations and responsibilities of the Town. 3.1.2.2 – Ignore community opinion on relevant issues or make material decisions affecting the community in the absence of relevant community input. 3.1.2.3 – Allow the community to be uninformed (or informed in an untimely basis) about relevant decision-making processes and decisions. 3.1.2.4 – Be disorganized or unclear with respect to interactions with the community. 3.1.2.5 – Ignore problems or issues raised by the community or fail to address them in a timely manner, where the Town Administrator has been delegated the authority to act (or to fail to inform the Board of issues where he/she may not have the authority to act). 3.1.2.6 – Allow incompetent, disrespectful, or ineffective treatment from Town employees. 3.1.2.7 – Unduly breach or disclose confidential information. Status: Compliance Interpretation: I interpret this to mean that residents are informed well in advance of any Town action; that Staff takes active steps to solicit and encourage public comment on matters of public policy and significant projects; that Staff treats all customers of the Town in a respectful and courteous manner; and that, within the restrictions of the law, Staff does not disclose confidential information. Due to the related nature of the sub-sections of 2.1.2, it is my interpretation that I may report on these limitations as a group, rather than individually. Compliance with the policy will be achieved when: 1. All public policy and significant project discussions include public outreach and involvement. 2. Issues raised by customers are dealt with promptly at a staff level, if possible, or are brought to the Town Board for consideration and discussion if necessary. 3. The biennial community survey is completed. 4. Staff does not disclose confidential information other than such disclosures required by law. Evidence: 1. Public meetings, community meetings, and outreach meetings held above- and-beyond regularly scheduled Town Board meetings. 2. Newspaper articles, Facebook posts, project-specific emails, and press releases associated with public projects and policies. 3. Results from the biennial community survey. 4. Lack of successful legal actions from residents against the Town due to failure to provide due process. 5. Lack of any successful legal action against the Town for improper disclosure of confidential information. Report: I report compliance. Policy 3.2: With respect to the treatment of paid staff and volunteers, the Town Administrator may not cause or allow conditions which are unsafe, unfair, or undignified. Accordingly, pertaining to paid staff within the scope of his/her authority, the Town Administrator shall not: 3.2.1: Operate without written personnel policies that clarify personnel rules for employees. Interpretation: I interpret this to mean that the Town has formal written personnel policies that are up-to-date with regard to current legal decisions, and that these policies are readily available to all employees. These personnel policies are not static and may be changed as needed in accordance with applicable law. Compliance with the policy will be achieved when: The Town has formal written personnel policies that cover the normal scope of employment issues. Evidence: 1. Town personnel policies are available to all employees on iTown and in the Human Resources office. 2. All personnel policies have been reviewed and approved by the Town Attorney (and CIRSA, if necessary). Report: I report compliance. 3.2.2: Fail to acquaint staff with their rights under the adopted personnel rules upon employment. Interpretation: I interpret this to mean that all new employees are informed of Town personnel policies. Compliance with the policy will be achieved when: Every new employee is informed of the Town’s personnel policies. Evidence: 1. Town personnel policies are available to all employees on iTown and in the Human Resources office. 2. New employees are informed of the personnel policies as part of their on- boarding policies, including where to locate these policies. Report: I report compliance. 3.2.3: Fail to commit and adhere to the policies of Equal Employment Opportunity and Fair Labor Standards Act. Status: Compliance Interpretation: I interpret this to mean that the Town follows the strict interpretation of the EEO and FLSA. Compliance with the policy will be achieved when: The Town has no cases of legal non-compliance. Evidence: There have been no successful legal actions against the Town in the past year regarding any EEO or FLSA violations as an employer. Report: I report compliance. 3.2.4: Fail to make reasonable efforts to provide a safe working environment for employees, volunteers, and residents utilizing Town services. Interpretation: I interpret this to mean that Town facilities are generally clear of safety hazards and are properly maintained. It is not possible to completely eliminate all hazards, but reasonable and prudent precautions are taken, and plans are made to prevent and repair hazards. When a hazard is identified, prompt action will be taken to mitigate the hazard in an appropriate manner. Compliance with the policy will be achieved when: There are no known, unaddressed safety hazards in Town facilities and new hazards are addressed promptly. Evidence: 1. Successful loss control audit and property inspection from CIRSA. 2. Precautions are taken to prevent and correct hazards when a hazard is identified. Report: I report compliance. 3.2.5: Operate without written volunteer policies that clarify the responsibilities of volunteers and of the Town for all volunteers. Interpretation: I interpret this to mean that the Town must have and use a written volunteer policy guiding the use of volunteers in the organization. Compliance with the policy will be achieved when: The Town has a written volunteer policy that is used to manage the Town’s volunteer program. Evidence: 1. Policy 207 (Volunteer Program) guides the use of volunteers in the organization. Report: I report compliance. Policy 3.4: With respect to the actual, ongoing condition of the Town government’s financial health, the Town Administrator may not cause or allow the development of fiscal jeopardy or loss of budgeting integrity in accordance with Board Objectives. Accordingly, the Town Administrator may not: 3.4.1: Expend more funds than are available. Interpretation: I interpret this to mean that there have been no expenditures in excess of those approved in the adopted budget. Compliance with the policy will be achieved when: There are no expenditures in excess of those approved in the adopted budget, as amended by the Town Board. Evidence: 1. Town financial reports 2. Annual Comprehensive Financial Report Report: I report compliance. 3.4.2: Allow the General Fund and other fund balances to decline to a level below that established by the Town Board by adopted policy, unless otherwise authorized by the Board. Interpretation: I interpret this to mean that the General Fund balance at the end of the fiscal year is at least 25%. This figure is based on the calculation of fund balance after all carry-over funds are included. Encumbered but not expended funds are excluded at the end of the year. Compliance with the policy will be achieved when: 1. The final ACFR shows a General-Fund fund balance of 25% or greater, unless otherwise authorized by the Board. 2. The adopted budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise authorized by the Board. Evidence: 1. The 2024 ACFR shows a 35.8% General-Fund fund balance at the end of 2024. 2. 2025 Budget Amendment #2 anticipates a 36.4% General-Fund fund balance at the end of 2025. 3. The 2026 adopted budget anticipates a 26.1% General-Fund fund balance at the end of 2026. Report: I report compliance. 3.4.3: Allow cash to drop to a level below that established by the Town Board by adopted policy, unless otherwise authorized by the Board. Interpretation: I interpret this to mean that all Town funds have adequate cash available to settle all debts within the period for which they are due. Compliance with the policy will be achieved when: All payments are made on time from cash on hand. Evidence: 1. Town financial reports 2. Annual Comprehensive Financial Report 3. Monthly Cash and Investment Reserve Ratio Reports Report: I report compliance. 3.4.4: Allow payments or filings to be overdue or inaccurately filed. Interpretation: I interpret this to mean that all payments or filings have been made on time and accurately. Compliance with the policy will be achieved when: All payments are made on time and accurately. Evidence: 1. Town financial reports 2. Comprehensive Annual Financial Report Report: I report compliance. 3.4.5: Engage in any purchases wherein normally prudent protection has not been given against conflict of interest and/or engage in purchasing practices in violation of state law or Town purchasing procedures. Interpretation: I interpret this to mean that the Town has comprehensive purchasing policies to guide the expenditure of Town funds and that those policies are complied with. Compliance with the policy will be achieved when: The Town has adopted purchasing policies and all purchases are made in compliance with these policies. Evidence: 1. The Town’s adopted purchasing policies are available on iTown. 2. Annual Audit 3. Single Audit for federal funds Report: I report non-compliance. While working on a 2026 contract renewal and purchase order for janitorial services, staff discovered that the 2025 renewal for janitorial services with Mountain View Commercial Cleaning was erroneously executed at the staff level in violation of Town purchasing procedures and purchasing authority (contract cost of $413,337). The original agreement was approved by the Town Board on February 13, 2024, after a Request for Proposal process yielded four proposals. The original agreement provided an option for up to three (3) annual renewals upon agreement of both parties. After discovering this error, staff researched other similar contracts and discovered two additional renewals that were erroneously executed at the staff level (one as a renewal contract and the other as a Purchase Order): the 2024 renewal for waste and recycling services with Atlas Unlimited dba Superior Trash (contract cost of $123,423.60) and the 2025 Purchase Order for waste and recycling services with Atlas Unlimited dba Superior Trash (contract cost of $126,978). Two root causes led to this error: 1) these errors occurred before we altered the purchase order process to require Town Board Resolutions to be attached to purchase orders for $100,000 or more, and 2) a shortfall in training for supervisors on contract signatory authority and purchasing. We resolved the first root cause last year (in response to the resolution spending authority compliance issue) with a requirement that purchase orders for $100,000 or over must include the Town Board Resolution authorizing the purchase. I am in the process of resolving the second root cause with the addition of purchasing authority training for all new supervisors. Staff members in the Town Administrator’s Office, Finance Department, and Town Attorney’s Office will also be evaluating potential improvements to our procurement process to explore additional fail-safe measures to prevent this from happening again. 3.4.6: Use any fund for a purpose other than for which the fund was established, unless otherwise authorized by the Town Board. Interpretation: I interpret this to mean that any use of funds from a specific fund must be for the stated purpose of that fund, unless otherwise authorized by the Board. Compliance with the policy will be achieved when: All expenditures are made from the appropriate fund. Evidence: 1. Town financial reports 2. Annual Comprehensive Financial Report 3. Annual Audit Report: I report compliance. Policy 3.5: Within the scope of his/her authority and given available resources, the Town Administrator shall not allow the Town’s assets to be unprotected, inadequately maintained, or unnecessarily risked. Accordingly, he or she may not: 3.5.1: Fail to have in place a Risk Management program which insures against property losses and against liability losses to Board members, staff, and the Town of Estes Park to the amount legally obligates to pay, or allow the organization to be uninsured: 3.5.1.1 – Against theft and casualty losses, 3.5.1.2 – Against liability losses to Board members, staff and the town itself in an amount equal to or greater than the average for comparable organizations. 3.5.1.3 – Against employee theft and dishonesty. Interpretation: I interpret this to mean that the Town has adequate insurance coverage to protect the organization, the Board, and staff from loss. Due to the related nature of the sub-sections of 3.5.1, it is my interpretation that I may report on these limitations as a group, rather than individually. Compliance with the policy will be achieved when: The Town maintains adequate insurance levels and suffers no unreasonable uninsured losses. Evidence: 1. Colorado Intergovernmental Risk Sharing Agency (CIRSA) Certificate of Participation 2. The Town has not incurred any unreasonable uninsured losses in the last year. Report: I report compliance. 3.5.2: Subject plant, facilities, and/or equipment to improper wear and tear or insufficient maintenance (except normal deterioration and financial conditions beyond Town Administrator control). Interpretation: I interpret this to mean that Town facilities and equipment are properly maintained, subject to normal deterioration and financial conditions beyond Town Administrator control. I interpret this policy to include all physical buildings and utility infrastructure, but not transportation infrastructure or real property. Compliance with the policy will be achieved when: We have preventative maintenance programs for Town buildings, major building systems, utility infrastructure, and rolling stock. Evidence: 1. Ongoing capital improvement projects completed in the past year, as reported to the Board. 2. Preventative maintenance schedules for rolling stock. 3. Facilities maintenance projects completed in the past year, as reported to the Board. Report: I report compliance. 3.5.3: Receive, process, or disburse funds under controls insufficient to meet the Board-appointed auditor’s standards. Interpretation: I interpret this to mean that there are no comments in the annual audit that raise the question of insufficient controls. Compliance with the policy will be achieved when: We have an audit with no relevant qualifying comments. Evidence: 1. Annual Audit comments Report: I report partial compliance. As reported to the Board last year, the auditors reported a significant deficiency in internal controls related to financial statement preparation for the 2024 audit. While the Town received an unqualified (“clean”) audit opinion, and staff does not concur that the totality of the identified adjustments qualifies as a significant deficiency, the auditor’s comment triggers a partial compliance report for this policy related to the processing of Town funds. 3.5.4: Unnecessarily expose Town government, the Town Board, or staff to claims of liability. Interpretation: I interpret this to mean that neither I nor Town staff take any action that results in unnecessary liability exposure. Compliance with the policy will be achieved when: There are no significant (greater than $25,000) claims paid as the result of unnecessary liability exposure. Evidence: There were no significant liability claims paid as the result of unnecessary liability exposure in the past year. Report: I report compliance. 3.5.5: Fail to protect intellectual property, information, and files from loss or significant damage. Interpretation: I interpret this to mean that all Town information is protected adequately through firewalls, cyber security measures, and adequate backups. Non-electronic data is secured and protected at a level appropriate for information. Compliance with the policy will be achieved when: 1. We have no losses of data or information. 2. We have protocols in place to protect from cyber losses. Evidence: 1. We have had no significant losses or damage to information or files over the last year. 2. CIRSA loss control audit 3. Cyber security training conducted for all employees on a regular basis. 4. The Town purchases excess cyber security coverage from CIRSA. Report: I report compliance. 3.5.6: Acquire, encumber, dispose, or contract for real property except as expressly permitted in Town policy. Interpretation: I interpret this to mean that I do not take any action to acquire, encumber, dispose of, or contract for real property without following established Town policy. Compliance with the policy will be achieved when: All real property transactions follow established Town policy, including Policy 226 (Acquisition, Retention, and Disposal of Real Property) and Policy 1101 (Delegation of Contract Signature Authority). Evidence: 1. There were no property transactions in the last year that were not expressly approved by the Town Board. Report: I report partial compliance. Last spring I reported to the Town Board a violation of Policy 226 (Acquisition, Retention, and Disposal of Real Property) and Policy 1101 (Delegation of Contract Signature Authority) in relation to a month-to-month lease executed in the Police Department for a self-storage unit ($140/month). Both policies have since been updated to delegate signature authority for acquisition of leases for one year or less to the Town Administrator. 3.5.7: Allow internal control standards to be less than necessary to satisfy generally accepted accounting/auditing standards recognizing that the cost of internal control should not exceed the benefits expected to be derived. Interpretation: I interpret this to mean that our internal controls are reasonable as interpreted by the Town’s annual audit. Compliance with the policy will be achieved when: The annual audit finds no material weaknesses in internal controls that require a modified audit opinion. Evidence: The Town’s internal controls are in compliance with this requirement as evidenced by the clean audit opinions received in past years. There is nothing to indicate a deterioration in this condition for the year ended December 31, 2025. Report: I report compliance. Policy 3.6: In order to protect the Board from sudden loss of Town Administrator services, the Town Administrator may have no fewer than two (2) other members of the Town management team familiar with Board of Town Trustees and Town Administrator issues and processes. 3.6.1: The Deputy Town Administrator shall act in the capacity of Town Administrator in his/her absence. In the absence of the Town Administrator and Deputy Town Administrator a Town Department Director previously designated by the Town Administrator will act in the capacity of Town Administrator. Interpretation: I interpret this to mean that I must officially designate two staff members to serve in my stead, should I not be able to perform the duties of my job. This designation is to be expressly designated in an internal operating procedure. Compliance with the policy will be achieved when: There is an adopted policy that specifies backups for the Town Administrator. Evidence: 1. Policy 203 – Town Administrator Backup and Replacement Report: I report compliance. 3.6.2: The Town Administrator shall provide the necessary training needed to enable successful emergency replacement. Interpretation: I interpret this to mean that I must keep the backup Town Administrators well informed and well trained so that any of them could replace me in the event that I am not able to perform my official duties. Compliance with the policy will be achieved when: The two identified backup Town Administrators possess the requisite skills and knowledge to perform the duties of Acting Town Administrator in my absence. Evidence: 1. Policy 203 – Town Administrator Backup and Replacement 2. All of the identified backup Town Administrators are generally up-to-date on Town issues and understand the role of the Town Administrator in relation to the Town Board and the operation of the Town organization. Report: I report compliance. Policy 3.9: The Town Administrator shall not permit the Town Board to be uninformed or unsupported in its work. Accordingly, he or she may not: 3.9.1: Let the Town Board be unaware of relevant trends, anticipated adverse media coverage, material external and internal changes, and particularly changes in the assumptions upon which any Board policy has been previously established. Interpretation: I interpret this to mean that the Town Board is appropriately informed of developments related to Town issues directly from myself or from the appropriate staff member. I also interpret this requirement to be limited to issues, events, media coverage, and other matters of which staff or I are aware of. Compliance with the policy will be achieved when: Town Board members are not surprised by any issue that staff or I was previously aware of. Evidence: 1. Weekly updates to the Board 2. Town Talk email to staff 3. Specific-subject communication to the Town Board when required to address an emerging issue. 4. Economic Dashboard Report: I report compliance. 3.9.2: Fail to submit monitoring data required by the Board (see Policy 2.3 – Monitoring Town Administrator Performance) in a timely, accurate and understandable fashion, directly addressing provisions of Board policies being monitored. Interpretation: I interpret this to mean that I report monitoring data to the Town Board as outlined in the review schedule adopted in Policy Governance Policy 2.3 and that the format of the reports is acceptable to the majority of the Board. Compliance with the policy will be achieved when: Compliance reports are received by the Town Board in accordance with Governing Policy 2.3. Evidence: 1. All compliance reports over the last year were supplied to the Town Board within the required timeframe. Report: I report compliance. 3.9.3: Fail to establish a process that brings to the Town Board as many staff and external points of view, issues, and options as needed for informed Board choices on major policy issues. Interpretation: I interpret this to mean that information presented to the Town Board must accurately reflect differing options and opinions involved in major policy decisions. Staff may make recommendations and may present recommended options to the Town Board. Compliance with the policy will be achieved when: Standard presentations and memos are structured to ensure that pros and cons are included and that there is a discussion of options available to the Town Board. Evidence: 1. Board observation and opinion 2. Use of standard memo format for all presentations Report: I report compliance. 3.9.4: Present information in unnecessarily complex or lengthy form. Interpretation: I interpret this to mean that information presented to the Town Board has enough detail, and is presented clearly enough, for each member of the Board to be adequately informed when making a policy decision. I also interpret this requirement to mean that information should be focused on the information required for broad policy issues, not peripheral details. Each member of the Board may have a different preference for level of detail and how information is provided. I must strive to present information that meets the needs of all Board members, but may not maximize the needs or style of any one trustee at the expense of the other. Compliance with the policy will be achieved when: All members of the Board feel that they have received enough information to make policy decisions on any particular issue. Evidence: 1. Board observation and opinion 2. Use of standard memo format for all presentations Report: I report compliance. 3.9.5: Fail to provide support for official Town Board activities or communications. Interpretation: I interpret this to mean that official Board activities and actions are clearly communicated to the public and there is a culture of transparency within Town Government. I am responsible not just for my own actions, but the culture throughout the organization. I am also responsible for the support provided to the Town Board through other staff, such as the Public Information Officer and the Town Clerk. Compliance with the policy will be achieved when: There is a culture of transparency among Town staff and it is demonstrated in our day-to-day actions. Evidence: 1. Board observation and opinion 2. Activities of the Public Information Officer through news media, social media, and other tools. Report: I report partial compliance. While I am compliant with the majority of this policy, I failed to provide the required two-week notification to the Town Board for the purposes of the Board’s self-monitoring process (Policy 1.9) in February 2026. Accordingly, I am reporting partial compliance. 3.9.6: Fail to deal with the Town Board as a whole, except when fulfilling individual requests for information. Interpretation: I interpret this to mean that I do not play favorites with any members of the Board and that I treat each member of the Board fairly and respectfully at all times. I also interpret this to mean that I can have confidential conversations with any member of the Board, and that I respect that confidentiality. In order to be effective in my job in assisting the Town Board as a whole, Board members must have a level of trust that each can communicate with me openly without reservation. Compliance with the policy will be achieved when: Directions from the Town Board to the Town Administrator only come from the Board acting as a whole and each member of the Board feels that they are treated fairly and respectfully at all times. Board members feel that they can be open and honest with me in all communications. Evidence: 1. Board observation and opinion 2. Lack of instances where failure to comply with this requirement has resulted in issues with the Board, staff, or the public. Report: I report compliance. 3.9.7: Fail to report in a timely manner any actual or anticipated noncompliance with any policy of the Town Board. Interpretation: I interpret this to mean that I notify the Board at the earliest possible opportunity when I am in noncompliance with any item described in the Staff Limitations section of the adopted Policy Governance policies, regardless of whether that noncompliance is intentional or unintentional. I interpret “earliest possible opportunity” to be relative to the materiality of the noncompliance. Major noncompliance issues that may have significant financial, legal, or political impacts on the Town should be reported as soon as possible. Minor, non-material items (such as “Partial Compliance” items in my monitoring reports) may be reported in a regularly scheduled report to the Board. Compliance with the policy will be achieved when: I make the Board aware of all actual or anticipated instances of non-compliance in a timely manner. Evidence: 1. Board observation Report: I report compliance. Policy 3.10: With respect to planning for and reporting on capital equipment and improvements programs, the Town Administrator may not jeopardize either operational or fiscal integrity of the organization. Accordingly, he or she may not allow the development of a capital program which: 3.10.1: Deviates materially from the Town Board’s stated priorities. Interpretation: I interpret this to mean that staff does not pursue any capital projects or equipment that materially deviate from the key outcomes, goals, and objectives adopted by the Town Board within the Strategic Plan. Compliance with the policy will be achieved when: All capital improvements and purchases of capital equipment can be directly tied to the Town Board’s Strategic Plan and no expenditures are made or planned for the annual budget that are not supportable under the current Town financial resources. Evidence: 1. Adopted Budget for capital projects and equipment 2. Adopted Capital Improvement Plan 3. Vehicle Replacement Fund, which budgets and plans for multi-year funding of capital vehicle purchases. Report: I report compliance. 3.10.2: Plans the expenditure in any fiscal period of more funds than are conservatively projected to be available during that period. Interpretation: I interpret this to mean that we are conservative with our budgeting and that we do not overstate revenue or understate expenditures. Compliance with the policy will be achieved when: We do not exceed our budgeted expenditures. Evidence: 1. Annual Comprehensive Financial Report 2. Adopted Annual Budget Report: I report compliance. 3.10.3: Contains too little detail to enable accurate separation of capital and operational start-up items, cash flow requirements and subsequent audit trail. Interpretation: I interpret this to mean that the Town’s adopted budget and subsequent accounting separates out capital expenses, operating expenses, and other expenses. Compliance with the policy will be achieved when: The annual budget and financial reports provide adequate information to see the separation of capital expenses, operating expenses, and other expenses. Evidence: 1. Annual Audit 2. Published Adopted Annual Budget 3. Financial Reports Report: I report compliance. 3.10.4: Fails to project on-going operating, maintenance, and replacement/perpetuation expenses. Status: Compliance Interpretation: I interpret this to mean that the Town has an annual budget and an annual Capital Improvement Plan that are both active and maintained. Compliance with the policy will be achieved when: We have a robust and repeatable budget and capital improvement planning process that result in an adopted budget document and an adopted capital improvement plan. Evidence: 1. Adopted Capital Improvement Plan 2. Adopted Annual Budget Report: I report compliance. 3.10.5: Fails to provide regular reporting on the status of the budget and on the progress of each active project, including data such as changes and the financial status of each project, including expenditures to date. Interpretation: I interpret this to mean that staff should regularly report back to the Town Board on the progress of major projects that are currently planned or underway. This requirement does not apply to day-to-day operational activities. Compliance with the policy will be achieved when: The Board feels adequately informed about ongoing projects. Evidence: 1. Reports to the Board at regular Town Board meetings 2. Weekly Board updates from the Town Administrator 3. Specific emails regarding emerging issues that are relevant to the Board’s work 4. Study Sessions with the Board as needed Report: I report compliance. Policy 3.11: With respect to Town government’s efforts to improve the quality of life for the community, the Town Administrator shall not fail to plan for implementing policies of the Board regarding economic health, environmental responsibility, and community interests. Interpretation: I interpret this to mean that I provide for the implementation of the Town Board’s Strategic Plan. Compliance with the policy will be achieved when: The Town Board’s Strategic Plan is substantially implemented, allowing for modifications based upon circumstances or resource levels that are outside of the Town Administrator’s control. Evidence: 1. Observation and opinion of the Town Board Report: I report compliance. Town of Estes Park, Larimer County, Colorado, March 10, 2026 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 March, 2026. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel Frank Lancaster Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Sarah Stoddard Cameron, Recording Secretary Absent: None Mayor Hall called the meeting to order at 5:30 p.m. REQUEST TO ENTER EXECUTIVE SESSION It was moved and seconded (Cenac/Brown) to enter executive session for discussion of a personnel matter – Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees – to conduct Judge Thrower and Attorney Kramer’s annual reviews, and it passed unanimously. Mayor Hall adjourned the meeting at 5:33 p.m. to enter executive session. The Board concluded the executive session at 6:52 p.m. Mayor Hall called the meeting back 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 (Hall/Brown) to approve the Agenda with Report and Discussion Item 1 to be heard prior to Planning Commission Action Item 1, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Board comments were heard and have been summarized: attended the Estes Park Police Department (EPPD) Awards Banquet; commended EPPD officers, volunteers, and staff for their service and dedication to keeping the community safe and secure; made special commendations to awardees Susan Stewart and Melissa Westover of Restorative Justice; encouraged the public to attend an Estes Park High School’s Girls Soccer Team home game, and acknowledged the hard work of student athletes; urged constituents to vote in the upcoming municipal election and encouraged attendance at the candidate forums on March 12th and March 23rd; two variance requests were addressed at the last Board of Adjustment meeting including approval of construction of a garage with non- conforming setbacks, and a riparian setback for the Fish Hatchery Project in which more information was requested; urged the community to attend the inaugural presentation of the Kent Smith Civic Engagement Award Monday, March 16; Mayor Hall attended 6th and 7th grade classes and taught students about municipal government; expressed gratitude DRA F T Board of Trustees – March 10, 2026 – Page 2 to Trustee Younglund for her civic service; and it was noted that Mayor Hall would act as liaison to the Regional Opioid Abatement Council (ROAC) in lieu of Trustee Younglund through the end of April when appointments are made once the new Board in seated.. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek reported non-compliance of Policy Governance 3.4., signatory delegation, to the Board, due to 2025 contract renewals with Mountain View Commercial Cleaning and Atlas Unlimited LLC dba Superior Trash Company which were excuted without Board approval. Steps have been taken for contract renewals to ensure appropriate Board consideration for future items as staff would attach authorizing Resolutions to corresponding purchase orders on all contracts $100,000 or greater. CONSENT AGENDA: 1. Expenditure Approval List - Bills 2. Town Board Meeting and Study Session Minutes dated February 24, 2026 3. Estes Park Board of Adjustment Meeting Minutes dated February 3, 2026 (Acknowledgement Only) 4. Joint Town Board and Estes Valley Fire Protection District Study Session Minutes dated February 13, 2026 5. Fee Waiver Request for the Rezoning of 440 Valley Rd per Community Development Policy 402: Equity Fee and Fee Waiver 6. Letter of Support for the Local IMPACT Accelerator Grant from the Colorado Energy Office 7. Resolution 19-26 Professional Services Agreement with Root Policy Research for the Housing Action Plan, $47,000, Grant Funded 8. Resolution 20-26 Setting the Public Hearing for a New Beer and Wine Liquor License Application for Snow Dragon LLC dba Mary Jane’s, 358 East Elkhorn Avenue, Estes Park, Colorado 9. Resolution 21-26 Setting the Public Hearing for a New Hotel and Restaurant Liquor License for Sky Peak Group LLC dba Estes Perk, 145 East Elkhorn Avenue, Units 98 and 105, Estes Park, Colorado It was moved and seconded (Hazelton/Cenac) to approve Consent Agenda Items 1- 4 and 6-9, and it passed unanimously. CONSENT ITEM REMOVED FOR DISCUSSION: 1. Item 5: Fee Waiver Request for the Rezoning of 440 Valley Rd per Community Development Policy 402: Equity Fee and Fee Waiver. Town Administrator Machalek explained that at the January 27, 2026, Town Board Meeting, an application to rezone 440 Valley Road from RM (Residential-Multifamily) to A (Accomodations) was denied. Staff anticipates a resubmission of this request. Per Estes Park Development Code §3.1 General Provisions, reapplication would be subject to the $2,520 rezoning application fee. Staff proposed waiving the associated reapplication fee, despite non-conformance to Community Development Policy 402 fee waiver requirements. Board comment ensued with staff being commended for their direction and excellent customer service. It was moved and seconded (Hazelton/Brown) to approve Consent Agenda Item 5, and it passed unanimously. DRA F T Board of Trustees – March 10, 2026 – Page 3 PLANNING COMMISSION ACTION ITEMS: A. Resolution 22-26, Chase Minor Subdivision Plat, 173 Stanley Circle Drive, Bob and Michelle Chase, Owners/Applicants. Mayor Hall opened the public hearing. Senior Planner Hornbeck reviewed the application for a proposed minor subdivision dividing a 1.7 acre parcel in the Little Prospect Mountain Subdivision into two (2) lots measuring approximately 0.67 and 0.5 acres for the purposes of estate planning. The subject property, zoned E (Estate), was developed for single family residential use, and included a single-family detached home, detached garage, travel trailer pad, and a small shed. The 0.67-acre lot would retain the existing single-family residence, while the 0.50-acre lot would be placed into a trust for a beneficiary and would remain undeveloped at this time. The application complied with E (Estate) zoning dimensional standards requirements, as both resulting lots exceed the minimum size of 0.5 acre. Density would remain one (1) unit per lot, complying with zoning density requirements of no more than two (2) units per acre. There are no mapped geologic or fire hazards identified within the subdivision. No improvements, grading, or site disturbances would occur as a result of the request. Access to the lots would be shared, and a Shared Access and Driveway Agreement has been submitted and would be recorded with the minor subdivision plat. No public comment on this application had been received. Mayor Hall closed the public hearing. It was then moved and seconded (Igel/Younglund) to approve Resolution 22-26, and it passed unanimously. ACTION ITEMS: 1. Resolution 23-26 Establishing 2026 Seasonal Paid Parking and Parking Permit Fees. Manager Klein presented the proposed 2026 seasonal paid parking and parking permit rates. Daily parking fees are to be set at $2.00 per hour between the hours of 10 a.m. and 5 p.m. and are to be implemented and enforced for a twenty- two-week period commencing May 22, 2026, and terminating October 18, 2026. Hourly fees would be collected for 682 parking stalls, equating to 67% of stalls located in the downtown corridor or 31% of total stalls system wide. Daily parking fees would not apply to the 28 stalls reserved for people with disabilities, nor for the spaces currently reserved for access to civil services at the Town Hall, Library, and Post Office with the exception of holidays. All existing 2025 permit rates would remain unchanged through the 2026 season. It was noted that the Paid Parking Program remains financially self-sustaining, as costs are paid through daily parking and permit fees. Parking ambassador training has been refined to focus on promoting longer stays for patrons, after feedback indicated visitors felt stress regarding time limits. Staff proposed implementing dynamic fee rates at the Riverside and Davis parking lots using entrance and exit cameras capable of measuring occupancy. Hourly rates would range from $0 to $5 depending on predicted demand. Higher rates would be charged on event days and weekends, while free or reduced rates would be applied on weekdays. The dynamic pricing program, if approved, would be implemented during June or July, and data collected through the 2026 season would be used to make informed decisions about day-to-day rates in 2027. Board discussion ensued and has been summarized: Questioned whether the dynamic pricing pilot program had been budgeted, how user data would be protected, how quickly and significantly rates would change, and whether approval of Resolution 23-26 approved the dynamic pricing pilot program; expressed enthusiasm for the opportunity to collect additional traffic pattern and occupancy data through the dynamic pricing pilot program; clarified that dynamic pricing would only be implemented in the Riverside Lot during the 2026 paid parking season; expressed concern regarding the potential reduction and deterrence of visitors given higher or unknown parking rates; acknowledged dynamic pricing has been successful for events and holidays in other municipalities; expressed desire for free or reduced weekday parking, as well as ample and clear signage for dynamic lots; noted the intention of paid parking continues to be the facilitation of visitor turnover and improve parking availability, rather than generate significant revenue for the Town; questioned whether dynamic pricing would be seen as price gouging, and how a reduction in parked vehicles would affect downtown business; acknowledged that paid parking in the downtown corridor DRA F T Board of Trustees – March 10, 2026 – Page 4 encourages visitors to park in outer non-paid areas; and encouraged staff to focus on increasing parking capacity rather than increasing daily rates. Staff explained that increasing parking capacity to meet demand isn’t feasible given the Town’s financial and spatial constraints, and urged the Board to consider multifaceted solutions such as the dynamic pricing pilot program. It was noted that implementation of dynamic pricing would be subject to Board approval and would be brought back to the Board. After further discussion, it was then moved and seconded (Hazelton/Brown) to approve Resolution 23-26, and it passed with Trustee Igel voting “No”. 2. Resolution 24-26 Designating a Portion of Town-Owned Property at the Northwest Corner of Community Drive and Manford Avenue as the Preferred Site for a New Public Safety Facility. Director Fetherston presented a portion of Town-Owned property located at the northwest corner of Community Drive and Manford Avenue, and requested the Board formally designate the site as the preferred location for a new public safety facility. Final approval of construction budget financing and design are to be brought to the Board at a later date. It was explained that the current police facility was built in the 1930’s, has had no significant capital improvements, critically undersized, and lacks secure vehicle intake and detention facilities. Staff have reviewed over 21 sites for a new public safety facility, and following feedback from the community and School District regarding the land swap proposed in July 2025, and the withdrawal of a proposal of a performance facility on the Events Complex property as well as the completion of additional analysis, this site was identified as the optimal choice. Advantages identified included: The Town’s ownership of the site which eliminated acquisition costs; the site allows for future expansion; and its central location, including its proximity to schools, the Events Complex, and the three main causeways entering/exiting town. It was announced that pending site approval, financing would be brought to the Board in late 2026. Board comment ensued and has been summarized: Clarified that six (6) barns would require relocation; and expressed excitement regarding the site’s central location and proximity to the schools. It was then moved and seconded (Igel/Cenac) to approve Resolution 24-26, and it passed unanimously. 3. Letter of Support to the Colorado Department of Local Affairs (DOLA) for Design of a New Public Safety Facility. Director Fetherston requested Board support for a grant application for $200,000 in DOLA Energy/Mineral Impact Assistance (EIAF) Grant funds for the design of a new public safety facility following the affirmation of the preferred site. The required 1:1 local match for the grant would be met using $300,000 in design funds appropriated in the 2026 Budget. Total schematic and construction design costs have been estimated at $1.5 million. It was noted that if the Board denies the letter of support, the application would be withdrawn. Board discussion ensued and has been summarized: Questioned whether the Town had received DOLA EIAF funds previously; and advised staff to focus on nexus of grant activities and energy assistance savings during grant hearings. It was then moved and seconded (Younglund/Igel) to approve the Letter of Support, and it passed unanimously. 4. Resolution 25-26 Services Contract Renewal with Atlas Unlimited LLC dba Superior Trash Company for Waste and Recycling Collection Services. Director Fetherston presented extension three (3) to the 2023 Waste and Recycling Collection Services Contract for Town facilities and a designated downtown area with Atlas Unlimited LLC dba Superior Trash Company through December 31, 2026. The original contract was competitively bid on through December 2023 and contained the option of five (5) one-year renewals. Renewal was recommended due to the contractor’s responsiveness, reliability, and quality of work. The contract price totals $152,659, $110,313 of which covers downtown waste and recycling. The remaining $42,346 has been allocated towards facilities waste and recycling. It was then moved and seconded (Igel /Hazelton) to approve Resolution 25-26, and it passed unanimously. DRA F T Board of Trustees – March 10, 2026 – Page 5 5. Resolution 26-26 Services Contract Renewal with Mountain View Commercial Cleaning for Janitorial Services. Director Fetherston explained that staff sought approval of extension two (2) to the 2024 Services Contract for janitorial services in Town buildings with Mountain View Commercial Cleaning for the 2026 calendar year. The contract was competitively bid and originally approved through December 31, 2024, with the option of three (3) one-year renewals at a fixed cost of $488,183, which includes funds for emergency and as-needed cleanings, and was accounted for in the approved in the 2026 Budget. Board discussion ensued and has been summarized: Questioned whether the full allocation for emergency cleanings, $16,800, was typically utilized; commended the contractors for their work; and noted front-facing services vastly improve visitor experience. It was then moved and seconded (Hazelton/Younglund) to approve Resolution 26-26, and it passed unanimously. 6. Estes Park Sister Cities Association Renaming Request – Monteverde Park. Town Administrator Machalek presented a request from the Estes Park Sister Cities Association to schedule a date to rename a space south of Snowy Peaks Winery and northeast of the Moraine roundabout “Monteverde Park.” The unnamed property was acquired through a quick claim deed from the Colorado Department of Transportation (CDOT) and features a Monteverde Peace Pole installation. Per Policy 208, renaming requests are not subject to the community input/feedback period that an initial naming request requires. This was purposeful as staff wished to expedite the naming process. It was recommended this action item be brought to the March 24, 2026, Town Board meeting for consideration. Board discussion ensued and has been summarized: Expressed enthusiasm about the property being converted to a park; recognized the Estes Park Sister Cities Association for their mission; and Trustee Igel reported that he could not support approval without an appropriate community input/feedback period. It was then moved and seconded (Younglund/Cenac) to approve scheduling the Renaming Request as an Action Item at the March 24 Town Board meeting, and it passed unanimously. REPORT AND DISCUSSION ITEMS: 1. Semi-Annual Compliance Review with Board Governing Policies – Policy 1.9 Self-Monitoring of the Board. Mayor Hall summarized the complaint raised by Christy Jacobs/Town resident regarding comments made by Trustee Brown at the January 27, 2026, Town Board meeting, stating that Trustee Brown made reference to a lawsuit against the Town, without naming the litigants. Jacob’s complaint accused Trustee Brown of breaching the Trustees’ code of conduct protocol during those comments, and claimed signs of partiality and disrespect were evident. Trustee Hazelton provided further summary, and Mayor Hall read a portion of her complaint into the record. Board comment ensued and has been summarized: Trustee Igel reported a portion of her complaint in reference to his comment was inaccurate, as he was speaking to a different matter and not referencing what was said by Trustee Brown; questioned proper procedures for receiving and handling complaints, and noted that procedures must be consistent over time; requested the formal complaint procedure be elaborated upon by staff through policy or other means to ensure consistency; recognized that Policy 103 permits sanctions on Trustees found guilty of misconduct, and that constituents have the right to recall a Trustee if they so desire; noted that Trustee Brown could have chosen his words more carefully; acknowledged that Board members are allowed to share opinions for themselves and have the same right to free speech as constituents; several Trustees noted that they did not find the comments personally offensive, and concluded what Trustee Brown said was fact; recognized that the Board governs itself and must hold Trustees to the highest level of accountability; questioned how formal complaints would be separated from general constituent disapproval, noting that in some instances time would be better spent elsewhere; and concluded the comments did not constitute bullying; Trustee Brown did not break code of conduct protocol; and no further action would be taken on the complaint. DRA F T Board of Trustees – March 10, 2026 – Page 6 REQUEST TO ENTER EXECUTIVE SESSION It was moved and seconded (Younglund/Brown) to enter executive session for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4)(b), C.R.S. - the Town’s Role in noise regulation under state law and for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24- 6-402(4)(b), C.R.S. - considerations regarding finality and reconsideration of quasi- judicial decisions, and it passed unanimously. Mayor Hall adjourned the meeting at 9:07 p.m. to enter executive session. The Board concluded the executive session at 10:03 p.m. Whereupon Mayor Hall adjourned the meeting at 10:05 p.m. Gary Hall, Mayor ______________________________________ Sarah Stoddard Cameron, Recording Secretary DRA F T RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado March 10, 2026 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 March, 2026. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Attending: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Igel, Lancaster, and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Attorney Kramer, and Recording Secretary Bramwell Absent: Trustee Hazelton Mayor Hall called the meeting to order at 4:30 p.m. PLAQUE HONORING CIVIC SERVICE/ART IN PUBLIC PLACES. Mayor Hall introduced the idea of establishing a program to honor individuals who have contributed to the community. Wayne and Pat Newsom were informally nominated prior to the meeting, with Mayor Hall acquiring a plaque to be displayed at the discretion of the Board. Mayor Hall asked the Board to share their thoughts on the merits of such a program and how the nomination process and honor may be standardized. Director Careccia presented proposed updates to Public Works Policy 880 which addresses the selection, acquisition, installation, and maintenance of art on Town- owned properties and/or provided by public funds. Proposed updates include the Community Development Department acquiring administrative responsibilities for the program; the addition of civic service plaques to the policy but defined as distinct from a Work of Art; and the temporary removal of a Work of Art for construction or repair occurring at the discretion of the Internal Services Department. Board discussion and questions were heard and summarized: expressed support to recognize the Wayne and Pat Newsom for their contributions to the Estes Park community; expressed support for a formal program to recognize the contributions of individuals to the Estes Park community; stated the need for a formal recognition process with guidelines for the number of honorees annually and honoree qualifications; and discussed the role of the Town Board as the approvers of public art and civic service honors with staff permitted to remove art and plaques for maintenance purposes. TRUSTEE AND ADMINISTRATOR COMMENTS AND QUESTIONS. It was requested and determined to move the Strategic Planning Session 2 from 1:00 p.m. to 2:00 p.m. on April 30. FUTURE STUDY SESSION AGENDA ITEMS. It was requested and determined to add a discussion each on the Water Rate Study and the Business Support Strategic Objective to the June 23 Study Session; to schedule the discussion on the Code Amendment to Allow Small Visitor-Serving Autocycle Operations with Special Review to the April 14 Study Session; and to reschedule the Growth Management Areas Overview to the June 9 Study Session. There being no further business, Mayor Hall adjourned the meeting at 4:53 p.m. Stephanie Bramwell, Recording Secretary DRA F T RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado March 9, 2026 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 9th day of March, 2026. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Attending: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Attorney Kramer, Directors Bergsten, Careccia, Fetherston, Greear, Hinkle, and Zimmerman, Chief Stewart, PIO Miller and Deputy Town Clerk Beers Absent: None Mayor Hall called the meeting to order at 1:00 p.m. Introduction to Strategic Planning for 2027 Town Administrator Machalek provided an overview of the strategic planning process including a review of the Mission, Vision, Outcome Areas, and Strategic Policy Statements. Following any revisions to the plan, the Board could anticipate a May 2026 action item to consider the provisional 2027 strategic plan with final adoption following the annual budget adoption process in November. He stated Public Information Officer (PIO) Miller provided within the packet material the 2025 National Community Survey results. He stated the key findings summary would help identify priority focus areas which may be lacking and in need of quality improvement. Trustee Lancaster arrived at 1:18 p.m. and Trustee Hazelton left the session. Review Mission, Vision, and Outcome Areas The Board reviewed the Mission, Vision, and Outcome Areas of the Town. Discussion ensued on the Transportation statement and if a broader statement would capture additional transportation types including micromobility. After further discussion the Transportation statement was updated to: We have safe, efficient, and well-maintained multimodal transportation systems. Review Strategic Policy Statements Exceptional Community Services – Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing available for all segments in our community. The following Strategic Policy Statements were reworded, added or deleted: Statement 2: We support the needs of our senior community, including affordable housing. Governmental Services and Internal Support – We provide high-quality support for all municipal services. The following Strategic Policy Statements were reworded, added or deleted: Statement 5: We seek, value, respect, and meaningfully consider input and participation from all community members. Outstanding Guest Services – We are a preferred Colorado mountain destination providing an exceptional guest experience. No modifications were made to the Strategic Policy Statements. DRA F T Town Board Strategic Planning Session #1 Minutes dated March 9, 2026 – Page 2 Public Safety, Health and Environment – Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. The following Strategic Policy Statements were reworded, added or deleted: Statement 3: We recognize that substance abuse in our community and schools is an ongoing issue and work with local and regional partners to improve awareness, treatment, education and harm reduction. Statement 8: Flagged for review to further define Restorative Justice with input from the division and the liaison. It was mentioned the value of including the positive impacts of community engagement/facilitation. Robust Economy – We have a diverse, healthy, year-round economy. No modifications were made to the Strategic Policy Statements. Town Financial Health – We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. The following Strategic Policy Statements were reworded, added or deleted: New Statement 4: Placeholder – Public trust in finances/managing taxpayer dollars fiduciary responsibility. Transportation – We have safe, efficient, and well-maintained multimodal transportation systems. The following Strategic Policy Statements were reworded, added or deleted: Statement 2: We will maintain a high-quality network of streets and trails for our community. Statement 3: We will evaluate and address multimodal traffic efficiency throughout the Town on an ongoing basis. Mayor Pro Tem Cenac arrived at 2:18 p.m. Utility Infrastructure – We have reliable, efficient, and up-to-date utility infrastructure serving our community and customers. The following Strategic Policy Statements were reworded, added or deleted: Statement 1: We provide safe, high-quality, and reliable water service. New Statement 3: We support an appropriate level of redundancy in all Town utility services. It was determined an objective would be discussed during the next strategic planning session to consider a goal about assessing reliability and redundancy of critical utility services. The Board would hold Strategic Planning Session #2 on April 30, 2026. There being no further business, Mayor Hall adjourned the meeting at 2:18 p.m. Bunny Victoria Beers, Deputy Town Clerk DRA F T The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: March 24, 2026 Subject: Estes Park Board of Adjustment Reappointment of Jeff Moreau for a three (3) year term expiring March 31, 2029 Type: Appointment Objective: Present the Town Board Liaison’s recommendation to reappoint Jeff Moreau whose current term expires on March 31, 2026 for an additional three (3) year term. Present Situation: Mr. Moreau was first appointed to the Board of Adjustment in March of 2020 and has served two (2) complete three (3) year terms on the Board. The Board currently consists of three (3) members with two (2) of the three (3) recently appointed. With that, Trustee Brown and Community Development Director Careccia were in agreement with establishing Mr. Moreau’s interest in serving an additional term rather than advertising the position. The Town Board recently filled an open vacancy on the Board which took several months before interest was established and interviews were held. Proposal: Trustee Brown has recommended the reappointment of Jeff Moreau who has expressed interest in serving an additional three (3) year term on the Board of Adjustment. Mr. Moreau’s willingness to serve an additional term will provide continuity on the Board and leadership for the new members. As a local builder he further brings an understanding of the Estes Park Development Code and the International Building Codes. Advantages: Filling the position will allow the Board to move forward in April with a three (3) member Board and assist with ensuring a quorum is met for meetings. Disadvantages: If the appointment is not made, the position will become vacant until it can be advertised and applications are received and interviews conducted. Action Recommended: Reappointment of Jeff Moreau to the Estes Park Board of Adjustment for a three (3) year term expiring on March 31, 2029. Finance/Resource Impact: None. Level of Public Interest: Low. Sample Motions: I move to approve/deny the reappointment of Jeff Moreau to the Estes Park Board of Adjustment for a three (3) year term expiring March 31, 2029. Attachments: None. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: March 24, 2025 Subject: Estes Park Planning Commission Reappointment of Julie Phares for a term expiring March 31, 2031 Type: Appointment Objective: Present the Town Board Liaison’s recommendation to reappoint Julie Phares whose current term expires on March 31, 2026 for an additional five (5) year term. Present Situation: Julie Phares was appointed to the Estes Park Planning Commission in July 2025 to complete the term of Jeff Robbins. The Board Liaison Trustee Lancaster and Community Development Director Careccia were in agreement with establishing Ms. Phares’ interest in serving a full five (5) year term on the Commission rather than advertising for the position. Proposal: Trustee Lancaster has recommended the reappointment of Julie Phares who has expressed interest in serving a five (5) year term on the Estes Park Planning Commission. It was noted by both Trustee Lancaster and Community Development Director Careccia that Ms. Phares has proven herself as a valuable member of the Commission over the past 8 months. Advantages: Filling the position will allow the Commission to move forward in April with a five- member Commission and assist with ensuring a quorum is met for meetings. Disadvantages: If the appointment is not made, the position will become vacant until it can be advertised and applications are received, and interviews conducted. Action Recommended: Reappointment of Julie Phares to the Estes Park Planning Commission for a five (5) year term expiring on March 31, 2031. Finance/Resource Impact: None. Level of Public Interest: Low. Sample Motions: I move to approve/deny the reappointment of Julie Phares to the Estes Park Planning Commission for a five (5) year term expiring March 31, 2031. Attachments: None. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Chief Ian Stewart Department: Police Department Date: March 24, 2026 Subject: Police Department Motorola Radio Purchase $263,697 budgeted Type: Contract/Agreement Objective: To purchase hand held and mobile radios as requested through the decision package which was approved during budget period for 2026. Present Situation: Currently, the Police Department owns radios that are past end of life/support or nearing the end of life and those radios need to be replaced with current models. Handheld radios that are end of life total 6 are 1 year past end of life and 11 handhelds are 8 years past end of life. The mobile radios currently that are 5 years past end of life total 18. Bearcom/Motorola is the certified communications vendor for the Town of Estes Park Police Department and other municipalities in the State of Colorado. Bearcom is the sole source provider for all Motorola products and services that interface to the state wide radio system. Therefore, we would not proceed with any Request for Proposals. Proposal: The Police Department identified the need to purchase radios in a decision package during the 2026 budget building period. The department identified that $246,415 remained of the 1A budget that could be utilized for communication equipment. Therefore, the department requested an additional $27,585 to complete the purchase of those models that were sunsetting. Advantages: • Continued critical communications within the department and other agencies on the state wide system. Disadvantages: • Radios that have reached end of life will no longer be used and will be disabled with state system therefore operability and interoperability will be diminished and impose a significant risk to public safety. Action Recommended: We request the board approval to move forward with the decision package that was adopted during the budget cycle and purchase the Motorola radios for the sole source vendor Motorola while Bearcom manages maintenance to those radios. Finance/Resource Impact: The monies for purchase have already been identified and secured. Level of Public Interest: Public safety would be of high interest if we were unable to communicate with our partner agencies on a regular or more importantly an emergent situation to and from our Emergency Communications Center. Sample Motion: I move for the approval of the purchase of the Motorola radios as submitted. Attachments: 1. Motorola Quote – 3193457 QUOTE-3193457 Ian Stewart APX PD Upgrade • MOTOROLA SOLUTIONS - Billing Address: ESTES PARK, TOWN OF PO BOX 1200 ESTES PARK, CO 80517 us Shipping Address: BEARCOM OPERATING LLC 3901 W SERVICE RD EVANS, CO 80620 us Quote Date:07 /07 /2025 Expiration Date:03/08/2026 Quote Created By: Wes Chisnall Account Executive wes.chisnaIl@bearcom.co m 970-590-3461 End Customer: ESTES PARK, TOWN OF Ian Stewart istewart@estes.org 970-829-7973 Contract: 19860 - NASPO 00318 Payment Terms:30 NET Summary: Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasclutions.com/product-terms. Q58AL " 2 LSV00Q00202A -DEVICE PROGRAMMING 18 $100.00 $100 00 $1,800.00 G P;inp 1 � sales transaction follow ng Motorola's quote is based on and subject lo the terms and com1itions of t!1e vatid and exe.:uted written contract between Customer and Motorota (the, nderly,ng�reement' 'I that authorizes Customer to purchase edu,pment a,yj/or services or license software (conectivei • Products••) If no Underlying Agreement exists betweenMotorola ana ustomer, t�en Motorola's Standard Terms of Use an Motorola'sStandard Terms and Conditions of Sales an Supply shall govern the purchase of the Produns. Motorola Solutions. Inc 500 West Monroe, United States· 60661 - # 36·1115800 L•I'e Item Number Description Ll•,t Prn e Sale Price Ext. Sale Price APX™ 6000 Series APX6000 1 H98UCF9PW6BN ESTES PARK PD PORTABLES 18 $2,676.91 $48,184.38 1a H869BZ ENH: MULTIKEY 18 $388.$283.24 $5,098.32 1b QA01648M ADD: HW KEY SUPPLEMENTAL 18 $4.69 $84.42 DATA 1d QA05570M ALT: LI-ION IM PRES 2 IP68 18 $90.22 $1,623.96 1f H38BT ADD: SMARTZONE 18 $963.60 $17,344.80 OPERATION Attachment 1 QUOTE-319 Ian Stewart APX PD Upgrade • MOTOROLA SOLUTIONS Line 11 Item Number Dt",cr,p110.., Qty L•st Price s.,Je Price Ext 5alP Prile 3 NNTN8860B CHARGER, SINGLE-UNIT, IM PRES 2, 3A, 115VAC, US/NA 18 $199.56 $145.68 $2,622.24 BATT IM PRES 2 LIION R IP67 18 $207.10 $151.18 PMMN4099CL AUDIO ACCESSORY-REMOTE 18 $152.54 $111.35 $2,004.30 APX'" 6500 / Enh Senes ENHANCEDAPX6500 6 M25URS9PW1 BN ESTES PARK PD MOBILES 29 $3,764.00 $2,568.14 $74,476.06 ADD. HW KEY SUPPLEMENTAL 29 $6.42 $4.69 6b G831AD ADD SPKR 15WWATER 29 $71.00 $51.83 $1,503.07 ENH: SMARTZONE 29 $1,412.00 $963.60 $27,944.40 Gd G67DT ADD: REMOTE MOUNT ES APXM 29 $350.00 $255.50 $7,409.50 6e G78AT ENH: 3 YEAR ESSENTIAL SVC 29 $288.00 $288.00 $8,352.00 6f GA01606AA ADD: NO BLUETOOTH/ 29 $0.00 $0.00 $0.00 6h G335AW ADD: ANT 1/4 WAVE 29 $16.00 $11.68 $3_;o ,, APX 6j GA01670AA ADD: APX ES CONTROL HEAD 29 $767.00 $523.41 $15,178.89 61 QA09113AB ADD: BASELINE RELEASE SW 29 $0.00 $0.00 $0.00 6m W9698G ENH: MULTIKEY OPERATION 29 $388.00 $283.24 $8,213.96 $240.90 $6,986.10 7 DEVICE PROGRAMMING 29 $100.00 $100.00 $2,900.00 Grand Total $263,696.77( USO) " Any sales transaction following Motorola's quote is based on and subject to the terms and cO!lditions of the valid and executed written contract Customer and Motorola (the "Underlying �reement--) that authorilCS Customer to purchase e�uipment andfor services or license software (collective� ""Products•·).If no Underlying Agreement exists between and ustomer, then Motorola's Standard Terms of Use an Motorola's Standard Terms and Conditions of Sales an Supply shall govern the purchase or the Products. QUOTE-3193457 Ian Stewart APX PD Upgrade MOTOROLA SOLUTIONS • Notes: Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added to invoices. Any sales transaction following Molorola's quote is based on and subject to the terms and cond1t10, s of the valid and executed written contract between Customer and Motorola (the .. Underlying Agreement"") that authorizes Customer to purchase equipment and/or ser,lces or llce,1se softw�re [collectively ""Products'''}. If no Underlying Agreement exists between Motorola and Customer, then Motorola s Standard Terms of Use and Motorola's Standard Terms and Cond,11ans of Sales and Supply shall govem the purchase of the Producrs. Motorola Solutions, Inc.: 500 Wes! Monroe United Stares - 60661 - # 36•1115800 P;lnn � CD QUOTE-3193457 Ian Stewart APX PD Upgrade 0 MOTOROLA SOLUTIONS Line 11 Item Number PJrilmctr,( D,ild 1b QA01648AA 6a QA01648AA ASKHOMID = D1C ASKHOMID = D1C Any sales transaction following Motorola's q1,ote is baseelon and subject to the 1e,ms and conditions of tl-e va d and executed written contract between Customer and Motorola (the "Underlying Agreement.. l char authorizes Cusiomer 10 purchase eqlllpment and/or services or license software (collectively'·Products··) If no Underlying Agreement exists betwee., Motorola and Customer, then Motorola s S1andard Terms of Use and Motorola's St.andard Terms and CondIt10ns of Sales and Supply shall govern the purch.\se of the Products Motorola Solutions, Inc S00West Monroe, Un ted Scates 60661 � # 36·1115800 P;:,np 4 fl Town of Estes Park Police Department PO Box 1200 Estes Park, CO 80517 Phone (970) 577-3825 1/12/2026 To: Motorola Solutions, Inc. Nie Doherty 1309 E. Algonquin Rd. Schaumburg, IL 60196 Re: Purchase of Motorola radio communications equipment This letter serves as authorization for Motorola to place an order for the communications equipment on the attached sheet for a purchase price of $263,696.77. The Town of Estes Park Police Department agrees to pay Motorola for the equipment "Net 30 days upon shipment" to: BearCom 3901 W. Service Rd Evans, CO 80620 Attn: Estes Park PD/Wes Chisnall When Motorola invoices The Town of Estes Park Police Department, the invoice should be sent to the following address: The Town of Estes Park Police Department PO Box 1200 Estes Park, CO 80517 970-577-3825 For taxation purposes, even if tax-exempt, the equipment sold to The Town of Estes Park Police Department will ultimately reside at the following address: The Town of Estes Park Police Department 170 Macgregor Ave Estes Park, CO 80517 Payments can be authorized solely on this document. I submit that I am a duly authorized official of our entity and that my signature makes this a legal and binding document and that funding has been encumbered for this order. If you have any questions regarding this order, please feel free to contact Chief Stewart at 970-577-3825. Sincerely yours, By:»//J �- The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Manager Bangs Department: Administration Date: March 24, 2026 Subject: Resolution 27-26 Amendments to a Professional Service Agreement with Executives Partnering to Invest in Children for a Childcare Facility Master Plan Type: Resolution Objective: Consider the approval of an amended Service Agreement with Executives Partnering to Invest in Children (EPIC) to prepare the Estes Valley Childcare Facility Master Plan. Present Situation: The Town Board reviewed and approved a Service Agreement with Executives Partnering to Invest in Children (EPIC) to prepare the Estes Valley Childcare Facility Master Plan as a consent agenda item on February 10, 2026. Following the meeting, additional revisions were requested by the consultant’s legal advisor. As a result, the agreement requires amendment. The Town selected EPIC as the consultant to create a Childcare Facility Master Plan with grant funding awarded through DOLA for up to $75,000, with a Town match of 25% (up to $25,000). The development of a Childcare Facility Master Plan will provide the Town with the following information: • The current state of childcare needs, facilities, and land use; • Feedback from community stakeholders, childcare providers, and local/regional partners; • Alignment with state and regional best practices, including DOLA Best Practices; • Identify priority projects and funding mechanisms; and • Support the Town’s long-term goal to strengthen childcare access, quality, and affordability. The Master Plan will guide the Town’s childcare strategies, management of Town- owned childcare facilities, and investment in capital projects. Proposal: Staff propose that the Town Board approve the amended contract to Executives Partnering to Invest in Children (EPIC) by approving the attached resolution. Advantages: • Accepting the amended contract with EPIC supports the review committee’s recommendation to the Board. • The proposal submitted by EPIC demonstrates its ability to meet the needs of the Town. Disadvantages: • None. Action Recommended: Staff recommends approval of Resolution 27-26 Finance/Resource Impact: The proposal budget came in under the project budget at $96,500. The project is funded by the DOLA Local Government Child Care Planning Grant Program. We were awarded $75,000 and the Town has committed to matching up to $25,000 in 6E Lodging Tax funds, account 270-16-83-529750. Level of Public Interest: None. Sample Motion: I move for the approval/denial of Resolution 27-26. Attachments: 1. Resolution 27-26. 2. Professional Service Agreement 3. Contract Documents (RFP, Consultant Proposal) RESOLUTION 27-26 APPROVING AMENDMENTS TO A PROFESSIONAL SERVICE AGREEMENT WITH EXECUTIVES PARTNERING TO INVEST IN CHILDREN FOR A CHILDCARE FACILITY MASTER PLAN WHEREAS, the Town Board desires to enter into a professional service agreement amendment referenced in the title of this resolution for the purpose of using grant funds awarded by the Department of Local Affairs (DOLA); and WHEREAS, the Childcare Facility Master Plan will support the goals of the Town of Estes Park to address childcare needs for the workforce. 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 professional services contract referenced in the title of this resolution in substantially the form now before the Board. DATED this 24th day of March, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 PROFESSIONAL SERVICES CONTRACT Estes Valley Childcare Facility Master Plan, Amended The parties, the Town of Estes Park, Colorado (“Town”), a municipal corporation, and Executives Partnering to Invest in Children (“Consultant”), a Colorado nonprofit, whose address is 711 Park Avenue West, Denver, CO, 80205, make this Contract this day of , 2026 (“Effective Date”), at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal (“Services”); and 1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract (as defined below). 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 (as defined herein). 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 Notice of Award; 2.7 Request for Proposals, containing 5 pages, dated December 17, 2025; 2.8 Consultant's Proposal, containing 13, dated January 9, 2026; and Attachment 2 Town of Estes Park Professional Services Contract --Page 2 of 12 2.9 Insurance Certificates. 3 SCOPE OF SERVICES: 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: The Consultant shall begin Services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, according to the Performance Schedule attached to and incorporated into this Contract or as otherwise directed by Town. 5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed $96,500, as the “Price” for the total Services performed as stipulated in Consultant's Proposal. 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. 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. Town of Estes Park Professional Services Contract --Page 3 of 12 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to high professional standards. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances. 8.4 Consultant's work, including drawings and other tangible work products or any other intellectual property 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. Nothing contained in this Contract shall be construed to confer on Town any rights, titles, or interests in and to any drawings, intellectual property, and/or other tangible work products provided to Town by Consultant. Consultant shall, at all times, retain all rights, titles, and interests in and to such drawings, intellectual property, and other tangible work products. Subject to the foregoing, Consultant grants to Town a limited, sublicensable, worldwide, non-exclusive, and perpetual license to use any such drawings, intellectual property, and other tangible work products for the purposes contemplated by this Contract. 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. 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. 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 Contract. 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 Contract and lacks control of the future use of Consultant's work licensed to Town under this Contract; provided, however, that Town shall not make any use of Consultant’s work licensed to Town hereunder for any purposes outside of those purposes contemplated under this Contract. Except for deficiencies in Consultant’s performance under this Contract, 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 perpetually licensed to Town pursuant to the terms and conditions contained herein. If any such materials are created by or on behalf of Consultant using the confidential information of Town, then 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. All design documents, including drawings, specifications, and Town of Estes Park Professional Services Contract --Page 5 of 12 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: Carlie Speedlin Bangs Housing and Childcare Manager 170 MacGregor Avenue PO Box 1200 Alethea Gomez Colorado Executive Director, EPIC 711 Park Avenue West Denver, CO 80205 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. The Contractor shall indemnify, hold harmless, and assume liability on behalf of the Town and its officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the Town in relation to the Contractor’s noncompliance with the accessibility standards for an individual with a disability adopted by the Colorado Office of Information Technology pursuant to section 24- 85-103, C.R.S. 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 to possess a duly issued a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: Pursuant to the terms and conditions contained in Section 18.1 herein, 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; provided, however, that no such duty to hold and save harmless, or indemnify, Town shall reside with Consultant if Town uses any patented design, device, material, process, or trademark or copyright: (a) outside the purposes contemplated by this Contract; or (b) against the instructions provided by Consultant or any owner, licensor, or rights holder in and or to any patented design, device, material, process, or trademark or copyrightable material provided by Consultant to Town hereunder. 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. Consultant shall require any sub Consultant hired by the Consultant to carry Workers’ Compensation and Employer’s Liability coverage. 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 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 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. 17.6 Consultant shall, upon request, provide Town a certified copy of each required policy. 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: Housing and Childcare Manager 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. 17.7 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.8 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. 17.9 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. 17.10 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 Town of Estes Park Professional Services Contract --Page 8 of 12 or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. 17.11 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 ("Indemnitors") shall and does agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages); and (2) caused, in whole or in part, by any willful or grossly 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 Contract, 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 Contract 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 Contract. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Contract 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 Contract. Except as this Contract 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 Contract is not exclusive; subject the terms of this Contract, Town and Consultant may each contract with other parties. 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Contract shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. Town of Estes Park Professional Services Contract --Page 9 of 12 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 Contract 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 Contract shall waive any other or later breach or default. 25 TERM: This Contract shall commence on its Effective Date, and shall continue through July 31, 2026. 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 fourteen (14) calendar 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 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 Town of Estes Park Professional Services Contract --Page 10 of 12 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 subconsultants 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 either party may be entitled to for a breach of this Contract, if the either party terminates this Contract, in whole or in part, due to the other party’s breach of any provision of this Contract, the breaching party shall be liable for actual and consequential damages to the non-breaching party. Signature pages follow. 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 , 2026, 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 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 , 2026. Witness my hand and official Seal. My Commission expires . Notary Public Request for Proposals (RFP) ESTES VALLEY CHILDCARE FACILITY MASTER PLAN CONSULTANT Issued by: Town of Estes Park Issue Date: December 17, 2025 Proposal Due Date: January 12, 2025, by 5:00 pm MST INTRODUCTION The Town of Estes Park is seeking proposals from qualified consultants or firms to develop a Childcare Facility Master Plan that identifies strategies, opportunities, and actionable steps to expand and sustain local childcare capacity. This project is supported by funding from the Colorado Department of Local Affairs (DOLA) and will align with DOLA’s best practices for childcare facility planning, capital investment, and community development. The resulting plan will guide the Town’s future investments, partnerships, and policy decisions related to the potential development of childcare facilities in the Estes Valley. Project Purpose and Objectives The purpose of this project is to create an implementable, community-aligned Childcare Facility Master Plan that: ●Assesses the current state of childcare needs, facilities, and land use; ●Engages community stakeholders, childcare providers, and local/regional partners; ●Aligns with state and regional best practices, including DOLA Best Practices; ●Identifies priority projects and funding mechanisms; and ●Supports the Town’s long-term goal to strengthen childcare access, quality, and affordability. Key Objectives: 1.DOLA Best Practice: Conduct work to pursue the adoption of at least one HB24-1237 and/or DOLA approved qualifying best practice to promote the development of childcare facilities. 2.Assessment: Review existing childcare facilities, available land, zoning, and infrastructure to determine need and opportunities for new or expanded facilities. Attachment 3 3. Stakeholder Engagement: Collaborate with community stakeholders to understand local needs and priorities, as well as where there might be opportunities for community partnerships to address the needs and priorities. 4. Policy and Funding: Recommend strategies and investments that expand and enable a sustainable childcare facility infrastructure. 5. Management and Operations: Provide a roadmap for the Town’s potential role in owning, leasing, or managing childcare facilities. 6. Implementation: Develop an actionable plan that aligns with local planning initiatives and supports the long-term development of childcare capacity. SUBMISSION INSTRUCTIONS Submit proposals electronically in PDF format to: Carlie Bangs, Housing and Childcare Manager Town of Estes Park Email: cbangs@estes.org Subject Line: RFP- CC Facility Master Plan All proposals must be received according to the Proposed Schedule presented in this RFP below. Proposals must be submitted electronically through one of the following means: email to Carlie Bangs, cbangs@estes.org or submitted to Rocky Mountain e-Purchasing (BidNet). Rocky Mountain e-Purchasing offers both “free” and “paying” registration options that allow for full access of documents and for electronic submission of proposals. Please note that “free” registration may take up to 24 hours to process. Please plan accordingly. http://www.bidnetdirect.com/colorado Proposed Schedule 1. Issue RFP December 17, 2025 2. RFP Submission Deadline January 12, 2026 3. Selection of Consultant January 16, 2026 4. Project Kickoff February 9, 2026* 5. Draft Plan May 15, 2026 6. Final Plan Delivered June 15, 2026 *There is an option to apply for an extension of the timeline with DOLA in February, if necessary, to meet the appropriate outcomes of the Master Plan. Proposals must be received no later than 5:00 pm MST on January 12, 2026. Late submissions and paper copies of proposals will not be accepted. The Town reserves the right to reject any or all submissions, to waive informalities and irregularities in the submissions received, and to accept any portion of any submission if deemed in the best interest of the community. All materials submitted become the property of the Town. Information submitted is subject to the Colorado Open Records Act. Budget The entire project budget is not to exceed $100,000. SCOPE OF WORK The consultant will be expected to complete the following tasks: Task 1: Project Initiation and Review of Existing Work ● Meet with Town staff to confirm goals, deliverables, and timeline. ● Review relevant planning and policy documents, including childcare studies, housing and workforce assessments, and land use plans. ● Identify how this plan can build upon existing local and regional work and align with the Town’s strategic objectives (Annual 6E Funding Plan). Task 2: Community and Stakeholder Engagement ● Develop and implement an engagement plan that ensures inclusive participation. ● Summarize engagement findings to inform facility, policy, and funding recommendations. Task 3: Facilities, Land-Use, and Town-owned Property Analysis ● Inventory and assess existing childcare facilities, including capacity, condition, and utilization. ● Evaluate potential development sites and analyze zoning and regulatory constraints. ● Identify opportunities for adaptive reuse of Town-owned or private buildings. ● Assess the management and operation of Town-owned facilities to determine their potential role in childcare delivery. Task 4: Policy, Funding, and Management Strategy ● Recommend priority use of funding for both public development and private investment in childcare facilities. ● Develop guidelines for Town investment in private childcare facility and capital development projects, including eligibility criteria and partnership structures. ● Provide recommendations for management models of childcare facilities that ensure long-term operational and fiscal sustainability. ● Identify DOLA Best Practice Task 5: Management and Operation Plan ● Propose a pipeline for the acquisition and/or development of childcare facilities to be owned by the Town. ● Present a comprehensive management and leasing plan for multiple Town-owned childcare facilities to providers, including structured policies and procedures for partnerships with providers. ● Recommend a budget and financial framework for the ongoing operation, maintenance, and reinvestment in a portfolio of childcare facilities ● Outline potential roles and responsibilities for the Town, private operators, and key partner organizations. Task 6: Draft and Final Plan Development ● Prepare a draft Childcare Facility Master Plan, including findings, stakeholder input, and prioritized recommendations ● Present the draft plan to DOLA, Town staff, elected officials, and the community for feedback ● Incorporate revisions and submit a final, implementation-ready plan Deliverables ● Summary of existing conditions and needs ● Stakeholder engagement summary ● Facilities and land use analysis ● Policy, funding, and management strategy ● Management and operation plan for Town-owned facilities ● Draft and final Childcare Facility Master Plan ● Presentation to Town Board and/or community stakeholders Proposal Requirements Proposal must include the following: 1. Cover letter summarizing interest and understanding of the project 2. Project understanding and approach describing how the consultant will accomplish the scope of work 3. Project team and qualifications including resumes and relevant project experience 4. Work plan and timeline with major tasks and milestones 5. Budget and cost proposal detailing fees by task and personnel 6. References Conditions for Proposal Submittal 1. The proposal must be signed by a duly authorized official. 2. No proposal will be accepted from any person, Consultant or corporation that is in arrears for any obligation to the Town, or that otherwise may be deemed irresponsible or unresponsive by the Town staff or Board. 3. Only one proposal will be accepted from any one person, Consultant or corporation. 4. The Town reserves the right to reject any and all proposals or any part thereof. The right is reserved to waive any formalities or informalities contained in any proposal, and to award a contract to the most responsive and responsible proposing Consultant as deemed in the best interest of the Town and supporting organization providing financial assistance to this project. 5. All proposals shall be prepared in a comprehensive manner as to content, but no necessity exists for expensive or promotional materials. An electronic version of the proposal is required. 6. All costs incurred in the preparation of this proposal shall be borne solely by the proposing Consultant. 7. The Town reserves the right to negotiate final terms with the selected proposer that may vary from those contained in the RFP and addenda. The Town reserves the right to request and contact a client list from the proposer, for the purpose of determining potential conflicts of interest. This list shall be considered proprietary. EVALUATION CRITERIA Proposals will be evaluated based on: ● Understanding of project goals and scope: ○ Demonstrated comprehension of the Town’s objectives and the broader context of childcare access, community development, and sustainability. ● Relevant experience in childcare facility planning and community engagement: ○ The Town will prioritize consultants that demonstrate strong experience in: ■ Early Childhood infrastructure and planning; ■ Zoning, land use, and development code reform; ■ Community engagement and needs assessment; ■ Strategic planning for local governments; and ■ Childcare facility management, including operations, leasing, and budgeting. ● Integration and Coordination: ○ Ability to integrate recommendations with existing local and regional planning efforts and align with DOLA best practices. ● Project Approach and Methodology: ○ Quality, clarity, and feasibility of the proposed approach to completing the scope of work. ● Cost effectiveness and proposed timeline: ○ Appropriateness of the proposed budget relative to the scope and deliverables. ● References and Past Performance: ○ Demonstrated success on comparable projects and satisfaction of prior clients Executives Partnering to Invest in Children Town of Estes Park Request for Proposal Submission January 9, 2026 Introduction and Project Understanding EPIC is pleased to submit this proposal in partnership with the Town of Estes Park to support development of a Childcare Facility Master Plan and Facility Management Plan for the Estes Valley. EPIC brings a deep commitment to strengthening community serving infrastructure and a demonstrated ability to translate complex planning, regulatory, and operational considerations into actionable strategies. EPIC’s interest in this work is grounded in our experience supporting communities facing workforce and childcare access challenges in high-cost, high-demand environments similar to the Estes Valley. We understand that effective childcare facility planning must balance near-term capacity needs with long-term operational sustainability, regulatory compliance, and responsible public investment. This project presents an important opportunity to align childcare infrastructure with economic vitality, workforce stability, and community resilience. These objectives are central to EPIC’s practice. EPIC is uniquely qualified to lead this effort due to our integrated approach to childcare facility planning. Our team combines expertise in community engagement, data-driven needs assessment, facility planning, and implementation strategy. We are experienced in building upon prior studies and local knowledge while filling critical gaps through targeted analysis and stakeholder input. This ensures that planning recommendations are both context-sensitive and decision-ready. A distinguishing feature of EPIC’s approach is our ability to manage and integrate specialized technical partners, including architects and design/construction professionals, to inform realistic and compliant facility concepts. By coordinating planning-level design, feasibility analysis, and preliminary cost considerations, EPIC ensures that recommended sites and strategies are grounded in implementable solutions aligned with Colorado childcare licensing requirements, building and fire codes, accessibility standards, and local land use regulations. EPIC also brings a strong understanding of public-sector governance, grant-funded project delivery, and DOLA best practices. Our team is accustomed to working closely with municipal staff, boards, providers, employers, and regional partners to produce clear, well-documented deliverables that support grant compliance, policy adoption, and capital planning. We emphasize transparent communication, disciplined project management, and practical implementation tools that allow communities to move confidently from planning to action. Through this engagement, EPIC is committed to delivering a high-quality, community-informed, and sustainable roadmap for childcare facility investment and management in the Estes Valley. We look forward to partnering with the Town of Estes Park to support long-term childcare access, workforce participation, and community well-being. Background and Context The Town of Estes Park has been awarded a Child Care Planning Grant from the Colorado Department of Local Affairs (DOLA) to support development of a comprehensive Childcare Facility Master Plan and Facility Management Plan for the Estes Valley. This initiative responds to longstanding and emerging childcare capacity challenges that affect local families, employers, and workforce stability. The purpose of this project is to establish a sustainable, data-driven framework for the planning, operation, management, and long-term viability of childcare facilities serving the Estes Valley. The resulting plans will guide future public and private investment, inform strategic partnerships, and ensure that childcare infrastructure is aligned with current conditions and projected community needs. This work will build upon prior assessments, community conversations, and regional planning efforts, while filling critical data and policy gaps. Consistent with DOLA best practices, the project emphasizes coordinated facility planning, responsible capital investment, operational sustainability, and implementation readiness to support both near-term decision-making and long-term community resilience. Project Objectives 1. Assess Childcare Needs and Facility Capacity Review and synthesize existing assessments of childcare supply, facility conditions, workforce access, and projected demand within the Estes Valley. This analysis will identify gaps in access, capacity, quality, and infrastructure that constrain families’ options and limit workforce participation. 2. Community and Stakeholder Engagement Design and implement an inclusive, structured community and stakeholder engagement process that meaningfully incorporates the perspectives of families, childcare providers, employers, and public partners. Engagement findings will be systematically documented and analyzed to directly inform childcare facility planning, policy considerations, and funding and investment recommendations, ensuring that the resulting Master Plan and Facility Management Plan reflect community priorities, operational realities, and equitable access needs. 3. Develop a Data-Informed Childcare Facility Master Plan Prepare a Childcare Facility Master Plan that establishes a clear roadmap for coordinated childcare facility development. The plan will identify priority sites, expansion opportunities, phasing strategies, and investment recommendations to support sustainable and equitable growth of childcare capacity across the Estes Valley. 3. Establish a Sustainable Facility Management Framework Develop a Facility Management Plan for Town owned childcare facilities that provides practical guidance on governance, operations, maintenance, policies, and budgeting. The framework will support long-term financial viability, operational consistency, and responsible stewardship of public assets. Roles and Responsibilities Town of Estes Park – Project Lead The Town of Estes Park will serve as the Project Lead and fiscal agent for the project and will: • Serve as the primary point of contact for the project • Provide local data, institutional knowledge, and access to relevant community stakeholders • Facilitate engagement with Town staff, childcare providers, employers, and partner organizations • Review and approve all major project milestones and deliverables • Oversee project reporting requirements and ensure compliance with DOLA grant conditions Project Manager The Project Manager will be responsible for coordination and implementation support and will: • Manage day-to-day project operations, schedules, and workflows • Support data collection, documentation, and stakeholder communications • Coordinate meetings, maintain project records, and track deliverables • Monitor adherence to the approved scope of work, schedule, and budget Project Associate and Facility Planning Team – EPIC EPIC will serve as the lead planning and technical consultant and will: • Review and validate existing childcare needs assessments, facility inventories, and demand projections, and address data gaps as needed • Lead stakeholder engagement activities, including interviews, workshops, and facilitated planning sessions • Develop the Childcare Facility Master Plan, including site analysis, facility typologies, expansion scenarios, and capital investment recommendations • Prepare the Facility Management Plan, including governance models, operational policies, maintenance frameworks, and long-term budgeting guidance • Select, contract with, and manage specialized technical partners, including architectural and design professionals, to support detailed facility planning • Produce all draft and final reports, presentations, and implementation tools Architect and Design/Construction Partner An Architect and Design/Construction Partner will be selected and managed by EPIC to provide specialized technical expertise related to childcare facility design and feasibility. This role will ensure that recommended facility concepts are implementable, code-compliant, and aligned with best practices for early childhood environments. Responsibilities will include: • Conducting site-specific feasibility assessments for priority childcare facility locations • Developing conceptual and schematic-level facility plans, test fits, and space programs to inform planning and cost estimates • Ensuring alignment with applicable Colorado regulations and requirements, including childcare licensing standards, building and fire codes, ADA accessibility, health and safety standards, and local land use regulations • Providing preliminary construction cost estimates and phasing considerations to support capital planning and investment prioritization • Advising on design strategies that support operational efficiency, long-term maintenance, and high-quality early childhood learning environments This partner’s work will inform both the Childcare Facility Master Plan and the Facility Management Plan, ensuring that recommended strategies are grounded in realistic design, construction, and operational considerations. Deliverables This project will produce the following deliverables: • Summary of Existing Conditions and Needs A concise synthesis of current childcare supply, facility conditions, workforce demand, and service gaps affecting families and employers in the Estes Valley. • Stakeholder Engagement Summary Documentation of stakeholder and community engagement activities, key themes, and input, demonstrating how feedback informed facility, policy, and investment recommendations. • Facilities and Land Use Analysis An evaluation of existing and potential childcare facility sites, land use considerations, regulatory constraints, and feasibility factors to support strategic facility planning. • Policy, Funding, and Management Strategy A set of actionable policy recommendations and funding and governance strategies to support sustainable childcare facility development and long-term operations. • Management and Operation Plan for Town-Owned Facilities A practical framework outlining governance, operations, maintenance, budgeting, and performance considerations for Town owned childcare facilities. • Draft and Final Childcare Facility Master Plan A comprehensive planning document presenting facility needs, site recommendations, phased implementation strategies, and capital investment priorities, refined through Town and community review. • Presentation to Town Board and/or Community Stakeholders A clear, accessible presentation summarizing findings, recommendations, and implementation steps to support informed decision-making and public communication. Timeline and Milestones Phase Activities Estimated Completion Phase 1: Project Initiation Contracting, kickoff meeting, finalize scope and schedule, establish Estes Park working group February 2026 Phase 2: Data Collection and Assessment Review existing data, assess facility inventory, identify needs and gaps February 2026 Phase 3: Stakeholder Engagement Interviews, focus groups, and community engagement sessions February–March 2026 Phase 4: Draft Planning Documents Prepare draft Master Plan and Facility Management Plan April–Early May 2026 Phase 5: Review and Refinement Town, partner, and community feedback; revisions May–June 2026 Phase 6: Final Deliverables and Presentation Final plans, Town Board presentation, and implementation toolkit July 2026 Reporting and Communication • Monthly project updates provided to the Town of Estes Park and DOLA • Bi-weekly coordination meetings among the Project Lead, Project Manager, and Consultant team • All draft and final deliverables reviewed and approved by the Project Lead prior to submission Budget and Funding This project is funded through the Colorado Department of Local Affairs (DOLA) Child Care Planning Grant, with the Town of Estes Park serving as fiscal agent and contract manager. The final fee may be adjusted following mutual review of scope and deliverables. Factors that may affect the fee structure include the amount of engagement in Estes Park and the consultant’s role in facilitating stakeholder, governance body, and employer engagement relative to other project partners. Total estimated fees are $93,600, inclusive of: • Professional services and staff time across the full project timeline • Engagement and coordination with Estes Park team, officials and project leads • Stakeholder facilitation, analysis, report preparation, and final product design Role Primary Responsibilities Estimated Fee Notes / Assumptions Project Management Day-to-day coordination, schedule and budget tracking, meeting logistics, documentation, deliverable management, and reporting support $14,500 Includes bi-weekly coordination meetings, monthly reporting, and internal project controls EPIC – Project Associate & Facility Planning Lead Needs assessment review, data gap analysis, stakeholder engagement, development of Childcare Facility Master Plan, Facility Management Plan, implementation tools, and final reporting $59,000 Core planning and facilitation role; includes staff time across all phases and primary authorship of deliverables Architect & Design / Construction Partner Site feasibility analysis, conceptual and schematic facility plans, code and licensing alignment, space $18,500 Selected and managed by EPIC; scoped for planning- programming, preliminary cost estimates level design sufficient to support investment decisions (not construction documents) Materials and Engagement Support Estes Park stakeholder workshops, presentation materials, graphics, and final document layout/design $4,500 May be adjusted based on number of in-person sessions and community engagement approach Total Estimated Project Cost $96,500 Funded through DOLA Child Care Planning Grant Fee allocations are planning-level estimates based on the anticipated scope of work and level of effort by role. Final fees may be refined through mutual agreement following project kickoff, particularly based on the extent of in-person engagement and the level of architectural analysis required for priority sites. EPIC Team Profiles Alethea Gomez Alethea joined the EPIC team in 2021 and serves as the Colorado Executive Director for Executives Partnering to Invest in Children (EPIC). She has worked on both the early education and business stages for more than 15 years, including teaching, leadership, program and facility design. Her early work in Business Administration and Cognitive Studies, as well as Graduate studies in Life and Developmental Sciences at CU Denver’s Department of Human Development was followed by her current role at EPIC where she oversees the implementation of its initiatives, programs and services across the state. She holds several licensures in Colorado in teaching, behavioral services and workforce coaching, and continues to pursue opportunities to deepen her experience and knowledge of the field. Alethea’s experience overseeing large educational institutions in both leadership and design capacities, working privately and professionally with families, and creating vision, structure and growth in the departments she has led has honed both her ability to support the needs and goals of complex projects, and make direct connections to the incredible benefit of the integration of family and business needs. She is thrilled to continue this work supporting the goals and expanding the influence of EPIC across Colorado and beyond. Her past tenures include work with UCLA, Harvard University, Facebook, and Bright Horizons Family Solutions, specifically supporting the needs of children and families, equipping her with a unique ability to understand and represent the needs of business owners, educators and families. Resume (to 2021) Sarah Mihich- Project Associate Sarah Mihich serves as an Engagement Associate on the Client Services team at EPIC, where she leads data and research initiatives to help communities, organizations and leaders identify and address barriers to child care. She partners with leaders across the country to translate insights into strategies that drive outcomes for children and families. Sarah brings over a decade of experience in nonprofit leadership, data strategy, and program evaluation. Before joining EPIC, she supported early learning systems across Indiana, guiding statewide networks to strengthen service delivery and align policy with provider needs. She has also led large-scale data and evaluation initiatives, helping organizations build frameworks, design tools, and translate complex findings into actionable insights that improve community outcomes. Earlier in her career, she advanced child well-being efforts through data literacy, research, and advocacy focused on children and families. Sarah loves using data to tell meaningful stories and lift up community voices that drive change for children and families. When she’s not at work, she’s chasing after her toddler twins, spending time in nature, or finding balance on her yoga mat. (See attachment for resume) Other Project Team Notes* Zanone Project Management – Project Manager Joe Zanone Zanone Project Management was founded on the principle that the success of our clients is a success for our company. Our approach to project management is grounded in open communication, respect for all, and the entrepreneurial spirit. We bring a hands-on and collaborative approach to project management consulting services that focuses on candid, timely, and effective communications. Despite the project phase, we believe that candid conversations establish open and honest communications that will ultimately contribute to our joint success by not shying away from tough conversations or having to read between the lines. Similarly, information is only valuable to our clients if it is provided to them in a timely manner. Our company is dedicated to prioritizing timely feedback and communication to our clients and vendors so that downstream impacts can be appropriately evaluated by the project sponsor for budget, timeline, or design changes. Our team understands that effective communication can vary from client to client and we are experienced in working with our clients to define effective communication protocols up front so that we can best serve you. At Zanone Project Management, we recognize that the design, contracting, and vendor communities are critical contributors to each project, and we value the services that each provider brings to the table. We treat each provider with the respect that they deserve in order to foster strong relationships. These relationships not only make our day to day lives easier, but our clients also get to experience the advantages of reliable, quality, and cost-effective services that these relationships bring. We are proud of the community of professionals that come together to support each of our projects. Lastly, we are firm believers in the entrepreneurial spirit. A professional with an entrepreneurial spirit brings a forward looking, growth focused, and self-motivated approach to business that challenges the individual and the project with new ideas and new approaches that can change status quo. We don’t just get the work done, we get it done while also looking forward to the end goal to identify efficiencies or changes that help exceed our clients’ expectations. We don’t want to be just any consultant or contractor to our clients, we are the provider that will help you grow your business. *Project Manager and Architect and Design will be onboard no later than January 23rd as we are in final stage selections for support teams due to the end of year transition and can share relevant background, bios and resumes upon request. References Katy Hale, MPH Executive Director Grand Beginnings, Grand and Jackson Early Childhood Council katy@grandbeginnings.org 970.725.3391 ext. 1 Stephanie Burke Director, Center for Equity and Excellence in Aviation Denver International Airport stephanie.burke@flydenver.com Blaise Rastello Vice President Ulysses Development Group blaise.rastello@ulyssesdevelopment.com 301.646.7537 Caryn Osterman Executive Director Hebrew Educational Alliance caryn@headenver.org 303.758.9400 / Fax: 303.867.9850 Page 1 of 2 January 22, 2026 Executives Partnering to Invest in Children (EPIC) ATTN: Alethea Gomez 711 Park Avenue West Denver, CO 80205 RE: NOTICE OF CONTRACT AWARD Dear Alethea, Congratulations! We are pleased to award your company the Professional Services Agreement for the Childcare Facility Master Plan in the amount of $96,500. The contract is currently under our internal review, and I will pass it along to you as soon as I get it. After your review, please complete, sign and notarize the contract documents (but do not date). I will need the contract returned to me no later than February 3, 2026 as I am targeting the February 10, 2026 Town Board meeting for the approval of this contract. The final contract execution is contingent on Town approval. Upon receiving the fully executed contract with appropriate Town signatures (after February 10th), please provide your company’s W9 and insurance certificates within ten (10) days of receipt of the contract and Notice to Proceed. If a new license is needed, the Town of Estes Park Business license is available at: https://estespark.colorado.gov/businesslicensing Page 2 of 2 The following minimum limits of coverage are required on the Certificate of Insurance: • Professional Liability/Errors and Omissions for at least $1,000,000. • Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. • 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. • 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. The Contractor shall list the Town of Estes Park (whose address is 170 MacGregor Ave, Estes Par, CO 80517) as an Additional Insured on all insurance policies associated with this project. Additionally, the Contractor shall provide a copy of the insurance certificate to the Town of Estes Park prior to commencement of construction to document compliance with this requirement. Respectfully submitted, Carlie Bangs Carlie Speedlin Bangs Housing and Childcare Manager Town of Estes Park cbangs@estes.org The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Dana Klein, CPP, CCTM, Parking and Transit Manager David Greear, PE, Public Works Director Department: Public Works Date: March 24, 2026 Subject: Consider Resolution 28-26 Services Contract Extension with RATP Dev, Inc. for 2026 Operation of The Peak, $583,486.09, Budgeted Type: Resolution Objective: Public Works (PW) staff seek Town Board approval of Resolution 28-26, the 2026 Services Contract with RATP Dev USA, Inc. for operation of The Peak transit from May 22 through October 18, 2026. Present Situation: The Town of Estes Park utilizes the same third-party transit service provider as Rocky Mountain National Park (RMNP), RATP Dev USA (formerly MacDonald Transit dba Rocky Mountain Transit). RATP Dev USA was selected by RMNP to continue in their role as its transit service provider from 2023 through 2028, with the option for five additional years through 2033. As allowed by the Town of Estes Park's adopted Finance Policies and Procedures Manual, Section 3.7.3 (Exemptions from the Public Bidding Process, Use of State Bid Awards), Public Works (PW) intends to piggyback off RMNP's Federal contract with RATP Dev USA for the Town's 2026 Services Contract for operation of The Peak’s 2026 transit service. Proposal: Details of the Town's 2026 Services Contract includes: • The Town of Estes Park will reimburse vehicle rental costs on a per hour basis of $17.71 per hour. • RATP Dev USA's hourly service rate for 2026 will be $86.48, which includes routine maintenance, shuttle drivers, drug and alcohol testing, training, insurance, and gasoline/diesel fuel costs up to $2.75 per gallon for the five full- service routes, one weekend-only route, and additional special event services as detailed in Appendix A. • In response to customer (rider) request, bike racks will be installed on selected vehicles again in 2026 to accommodate "first and last mile" connections. • To increase the level of customer assistance for guests of The Peak, the RMNP Hiker Shuttle, and Bustang to Estes, the Town and RMNP are partnering again in 2026 to jointly fund a dispatcher that will work outside the Estes Park Visitor Center. This position will be managed by RATP Dev USA. Advantages: • Reduce the reliance on personal vehicles for locals and guests during the Town's busy summer season. • Provide a free public transportation option that is available to riders of all ages and abilities. • Encourage use of the Town's free parking structure, with the goal of reducing traffic congestion in the downtown core. Disadvantages: • The Peak is a significant General Fund Investment Action Recommended: PW staff recommend approval of the 2026 Contract with RATP Dev USA, Inc. for operation of The Peak. Finance/Resource Impact: Current Impact: Total expenditure $583,486.09 (budgeted and Grant funded) to be drawn from 10104043-522600 (Prof Svc / Transportation Fees). Additionally, funding from the Town's Fiscal Year (FY) 2026 Federal Transit Administration (FTA) 5311 grant award (totaling $239,996.00) will supplement what is currently available in 10104043- 522600 to cover the cost to operate Estes Transit in 2026, as detailed in Appendix A. Future Ongoing Impacts: The budget for The Peak annual service is set during the regular Town budget process. Future One-Time Impacts: This item is not expected to significantly impact future one- time costs. Level of Public Interest: Public Interest in this item is Moderate and Public Interest in transit is High. Sample Motion: I move for the approval/denial of Resolution 28-26. Attachments: 1. Resolution 28-26 Contract Extension with RATP Dev USA 2. RATP Extension 3A for execution, 2026 DRAFT RESOLUTION 28-26 SERVICES CONTRACT RENEWAL WITH RATP DEV USA INC FOR 2026 OPERATION OF THE PEAK WHEREAS, the Town desires to renew the Contract with RATP Dev USA, Inc. to continue operating the Town’s free transit service (The Peak) for the 2026 summer season; and WHEREAS, the Town’s annual contract is a piggyback off the 2023 Federal Services Contract between Rocky Mountain National Park and RATP Dev USA, Inc. as allowed by the Town of Estes Park’s adopted procurement policy; and WHEREAS, the proposed 2026 renewal of the Contract with RATP Dev USA, Inc. is for $583,486.09 which is budgeted (acct 10104043-522600 – Prof. Svc/Transportation Fees) and grant funded. 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 Services Contract Renewal referenced in the title of this resolution in substantially the form now before the Board. DATED this 24th day of March, 2026 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 SERVICES CONTRACT RENEWAL NO. 3A Contract with RATP Dev USA, Inc. for Operation of Estes Transit 2026 Routes The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and RATP Dev USA, Inc. (Contractor), a Texas corporation, whose address is 300 Throckmorton Street, Suite 670, Fort Worth, Texas 76137, make this Contract Renewal this __________ day of ____________________, 2026, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town and Contractor entered into a Services Contract on May 23, 2023, for Operation of Estes Transit (Contract). 1.2 Section 21 of the Contract provides that the term would continue through December 31, 2023, and provides for up to five (5) renewals for a period of one year each, upon mutual agreement of the parties. 1.3 The Contract has not yet been renewed for 2026. 1.4 Town and Contractor desire to renew the Contract for an additional year, as described in an email entitled “2026 Proposal”, dated February 24, 2026, consisting of 2 pages (“2026 Proposal”). 2 RENEWAL: The term of the Services Contract is hereby renewed to December 31, 2026, as it relates to the 2026 Routes Proposal. Prices in the Contract are hereby updated to reflect the 2026 Routes Proposal, with a total price of $583,486.09 for 2026. 3 PROVISIONS CONTINUE IN EFFECT: All other provisions of the Services Contract remain in full force and effect. All provisions of the Services Contract relating to the interpretation or application of the Services Contract shall apply equally to this Services Contract Renewal as though fully set forth herein. This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Contractor. By their signatures on this document, the signatories represent that they have actual authority to enter this Services Contract for the respective parties. Signature pages follow. Attachment 2 Page 2 of 3 CONTRACTOR By: Title: _______________________________ STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2026, by ______________________________, as _____________________________ of ______________________________, Contractor. (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 3 of 3 TOWN OF ESTES PARK 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 , 2026. Witness my hand and official Seal. My Commission expires . Notary Public ^) RAT p oev U £5 A Attft; Dana K1eit*i Parking and Tiiansi1 Manner T^jiofE&tes'Park Febmarif 24, ?026 2026 Transit Season May22-0etober18 RATP D@v USA ts p(sase<J to proppsei for yoliT coTisideTatlon, the fpHowhg s6hedut@ and raies for.the 2025 transil sen/ices Be^spn WBlaok faward tp'anolti6r,safe, eoorhOmic, Innovative, and proddctive &ea^.6n, We also lo-ok forward (6,the cdnUftUfid partnership With th& Town of Esl&s Park to provide the beat Seryte^ to. oyr:community and our vtsitore. S<ncero(y ©ener&l Manager RAtPDovUSA ^'ts'^'riU^.i il^llir^.t.nii^iiit^r'i't.^^ltt-ji^^^ ^ Town of Estes Park Estes Transit 2026 Schedule Hourly Operations Rate per Hr ToEP 2026 Expense $ 86.48 Summer Route Name Number of days (May 22 - Oct 18) Number of days weekend only Red(900a-900p) Blue(9a-9p) Gold(9a-9p) Silver (9a-9p) Brown (9a -9p) TOTAL MRS Hour per day 12| 12| 12| 12| 121 May June 10 30 120 360 Summer Mrs Total July 31 372 372 372 372 372 Aug 31 372 372 372 372 372 Sept (red each day and others weekend only) 30 8 360 9S 96 96 96 Total Oct (red each day and others weekend only) 18 6 216 72 72 72 72 Rate Total Hours 150 14 1800 912 912 912 912 5448 $ 86.48 $ 471,143.04 Red Express (sat-sun only) Red(lla-4p)51 Summer Hrs Total 8 40 9 45 [Total 9 45 I Rate 6 30 160 160 $ 86.48 $ 13,836.80 ITOTAL SUMMER Extra July 4 hours (estimated) Red Blue Gold Silver Brown Extra Bus Total Extra July 4Hrs 1 2 2 2 2 5 [Rate |TotalJuly4 $ $ 1 2 2 2 2 5 14 86.48 1,210.72 Extra Scot Fest Mrs (estimated) Sat Parade and Event hrs Sat Event hrs Fri& Sun Event Total Extra Scotfest Mrs 10 5 10 I Rate |Total Scotfest $ $ 10 5 10 25 86.48 2,162.00 Additional Service Hours Nov- Catch the Glow Parade Total Extra CTG Hrs iTotalCTG Rate 13| $ $ 13 13 86.48 1,124.24 Rolling Grand Totals $ 484,979.84 I $484,979.84 486,190.56 488,352.56 489,476.80 Shuttle Rental Rate per Hr Estimated Shuttle Rental 15 Passenger ADA-Gold 15 Passenger ADA-Silver 15 Passenger ADA-Blue 20 Passenger ADA - Brown Totals $ 17.71 Hourly Rate Total Hours Total Season lease $17.71 3699 |Total Shuttle Rental | $65,509.29 I EP Visitor Center Dispatch I (estimated) $ $ 16,500.00 | $ 554,986.09 571,486.09 I Fuel average (estimate) $ 12,000.00 | $ 583,486.09 |GRANDTOTALfor2026 |$ 583,486.09 | The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo Through: Town Administrator Machalek From: Derek Pastor, Project Manager Paul J. Fetherston, Internal Services Director Department: Internal Services Date: March 10, 2026 Subject: Resolution 29-26 Contracts for On-Call General Contracting Services with Growling Bear Co, TCC Corp and Whitestone Construction Type: Contract/Agreement, Resolution Objective To provide the Town of Estes Park (Town) with a list of on- call contractors to provide professional general contracting services on an on- call, as needed basis. Present Situation: Currently, the Town does not have any general contractors under contract. As a result, when needs arise that are beyond the capacity or capability of Facilities Maintenance staff or a department that needs such services, the Town must work to secure interested vendors to provide services. This process can cause delays in response. In an effort to maximize time and resources relative to general construction needs, the Town issued a Request for Qualifications (RFQ) for on-call general contracting services on October 14, 2025. 13 proposals were received by the November 6, 2025 deadline. There was a delay in reviewing and evaluating the proposals due to internal discussions ensuring compliance with the Town’s purchasing policy. A staff team reviewed and ranked each proposal against an established scoring matrix. After discussing the various current and future needs, the staff team recommend entering contracts with the following three (3) contractors. • Growling Bear Co • TCC Corp • Whitestone Construction The awarded contractors will enter into a one- year contract with optional one- year renewals for up to four additional years. In evaluating any future recommendation to the Town Board for an annual renewal of a contract, staff will rely primarily on its experience with each contractor over the preceding year. Given the specialized and often technical nature of these services, as well as the relatively small number of vendors available which can make it difficult to benchmark quantitative performance metrics, staff will assess performance responsiveness, reliability, quality of work, communication, and the contractor’s history of meeting the Town’s operational needs in a timely and professional manner. Proposal: To consider authorizing the Mayor to sign the contracts for on-call general contracting services. Advantages: • Priority Service: When a need arises, the Town has access to immediate services thereby minimizing wait times and potential damage. • Expertise, Experience and Equipment: General Contractors have (a) a depth of knowledge and experience to evaluate all aspects of a given project or need; and (b) access to various sub-contractors to fully execute the requested service. • Resource Allocation: Having General Contractors on call allows limited Town staff resources to be allocated appropriately and beneficially. Disadvantages: • Cost: Since prices are fixed through an on-call contract, prices could be higher. Conversely, stable and fixed prices could be an advantage. Action Recommended: Staff recommend Town Board authorize the Mayor to sign contracts for on-call General Contracting services with: • Growling Bear Co • TCC Corp • Whitestone Construction Finance/Resource Impact: The costs for each request for on-call General Contracting services would be processed through either the Facilities repairs and maintenance account or an account identified by the Department utilizing the services – absent an emergency that the account could not support. Level of Public Interest: There is public interest in the Town repairing and maintaining its facility infrastructure through professional services in a timely manner. Sample Motion: I move to approve/ deny adoption of Resolution 29-26. Attachments: 1. Resolution 29-26 2. Services Contract with Growling Bear Co, Inc 3. Services Contract with TCC Corporation 4. Services Contract with Whitestone Construction, Inc 5. On-Call General Contracting Services RFQ 6. On-Call GC RFQ Evaluations Summary 7. On-Call GC Annual Performance Evaluation Matrix 8. Proposal from Growling Bear Co, Inc 9. Proposal from TCC Corporation 10. Proposal from Whitestone Construction, Inc 11. Addendum No. 1 RESOLUTION 29-26 APPROVING CONTRACTS FOR ON-CALL GENERAL CONTRACTING SERVICES WHEREAS, the Town of Estes Park (Town) issued a Request for Qualification (RFQ) for on call General Contracting services in October 2025 for purposes of contracting with one or more vendors for services; and WHEREAS, the RFQ requires the contractor(s) to provide General Contracting services on an on- call, as- needed basis at Town facilities and properties as directed by the Town through a work order process; and WHEREAS, through its RFQ process, the Town selected three (3) firms to provide on- call General Contracting services as needed; and WHEREAS, the nature of the services provided through this RFQ are either (a) budgeted within the building repair and maintenance accounts within the facilities division; or (b) not budgeted or planned, resulting in the potential that the individual and aggregate costs for these services may exceed staff spending authority under the current policy; and WHEREAS, contracts have been negotiated with the awarded vendors based on the Town’ s RFQ process; and WHEREAS, the Town Board of Trustees wishes to enter into a contract with these firms to facilitate on-call General Contracting services as needed. 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, these on-call general contracting services contracts with: Growling Bear Co, Inc, TCC Corporation, and Whitestone Construction, Inc in substantially the form now before the Board. If, in any fiscal year, the amount to be spent under any such contract will exceed the staff spending authority under Town policies, Town Board approval shall be required for exceeding expenditures under that contract. The approval will authorize further expenditures, not to exceed an amount specified by the Town Board for that contract year. DATED this 24th day of March, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT ON-CALL GENERAL CONTRACTING SERVICES The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Growling Bear Company, Inc., a Colorado corporation, whose address is 2330 4th Ave, Greely, CO 80631, make this Contract this __________ day of ____________________, 2026, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Contractor outlined in Contractor’s Proposal; and; 1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice of Award; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Page(s) 1 October 29, 2025 7 2.5 Town’s Request for Quotes for an individual project; 2.6 Contractor’s written estimate and proposed schedule for each individual project; 2.7 Town’s Notice to Proceed on each individual project; 2.8 Request for Qualifications, containing 88 pages, dated October 14, 2025; 2.9 Contractor's Proposal, containing 20 pages, dated October 27, 2025; and Attachment 2 Town of Estes Park Services Contract -- Page 2 of 10 2.10 Insurance Certificates. 3 SCOPE OF SERVICES: Contractor 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 WORK ON INDIVIDUAL PROJECT: As specified in Section II of the Request for Qualifications, the Town will issue a Request for Quotes for individual projects. The Contractor, in its sole discretion, may respond to the Request as provided in Section II. The Town may accept the Contractor’s proposal by issuing the Notice to Proceed for the individual project. Contractor shall timely perform the work on the individual project after receipt of the Notice to Proceed. 5 PRICE: The Town shall pay Contractor the not to exceed amount for each individual project as stated in the Request for Quotes and Contractor’s proposal for the individual project. 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 CONTRACTOR: The Contractor 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 Contractor 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 Contractor 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 Contractor under the following conditions: 7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Contractor 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). Town of Estes Park Services Contract -- Page 3 of 10 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 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. 9 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: Paul Fetherston, Internal Services Director 170 MacGregor Ave Estes Park, CO 80517 CONTRACTOR: Gary Shironaka, President Growling Bear Co 2330 4th Ave Greeley, CO 80631 10 COMPLIANCE WITH LAW: Contractor 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. Contractor shall defend 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 Contractor follows the safety regulations issued by OSHA. The Contractor shall indemnify, hold harmless, and assume liability on behalf of the Town and its officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the Town in relation to the Contractor’s noncompliance with the accessibility standards for an individual with a disability adopted by the Colorado Office of Information Technology pursuant to section 24- 85-103, C.R.S. 11 PERMITS AND LICENSES: The Contractor 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 to have a business license which can be obtained from the Town Clerk’s Office. 12 PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor 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 of Estes Park Services Contract -- Page 4 of 10 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. 13 INSURANCE: Contractor 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, Contractor shall maintain such coverages for the insurance listed in Paragraphs 13.1, 13.3 and 13.4 for two additional years. For any claims- made policy, Contractor shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 13.1 Professional Liability for at least $1,000,000. 13.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. Contractor shall require any subcontractor hired by the Contractor to carry Workers’ Compensation and Employer’s Liability coverage. 13.3 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. 13.4 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 Contractor’s owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 13.5 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 Contractor. 13.6 Contractor shall, upon request, provide Town a certified copy of each required policy. 13.7 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Contractor 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 Town of Estes Park Services Contract -- Page 5 of 10 PO Box 1200 Estes Park, CO 80517 Attention: Paul Fetherston, Internal Services Director 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 Contractor 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 Contractor, its officers, employees, agents, subcontractors, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall provide appropriate declarations and evidence of coverage. 13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages. Contractor 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. 13.10 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. 13.11 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 Services 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. 13.12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 14 INDEMNIFICATION: 14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town of Estes Park Services Contract -- Page 6 of 10 Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of the Contractor, anyone directly or indirectly employed by it, or anyone for whose acts Contractor may be liable. 14.2 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. 14.3 As part of this indemnity obligation, the Contractor 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. 15 INDEPENDENT CONTRACTOR: Contractor 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 Contractor. Contractor shall exercise no supervision over any employee or official of Town. Contractor shall not represent that it is an employee or agent of the Town in any capacity. Contractor’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Contractor is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Contractor 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 Contractor may each contract with other parties. 16 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. 17 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. 18 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Contractor receiving services or benefits under this Agreement is an incidental beneficiary only. Town of Estes Park Services Contract -- Page 7 of 10 19 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 Contractor’s 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. 20 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 21 TERM: This Contract shall commence on the date specified in a forthcoming Notice to Proceed, and shall continue through March 12, 2027 with the option of four (4) additional renewals, on an annual basis, as funding allows, upon agreement of both parties. 22 TERMINATION: 22.1 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. 22.2 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 Contractor written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Contractor for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 22.3 If either party so terminates, the Contractor 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. 23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by giving the Contractor written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Contractor 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 Contractor, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Contractor may terminate this Contract at will. 24 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. Town of Estes Park Services Contract -- Page 8 of 10 25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the Contractor's Proposal, Contractor may employ subcontractors to perform the Services only with Town's express prior written approval. Contractor is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subcontractors. 26 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. 27 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Contractor. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 28 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 29 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. CONTRACTOR: Title '^^S ^ "<^f -s/^/^ Date State of CO\OrCU3^0 County of_V\K^_Cl_ _) ) ss -) ^The foregoing instrument was acknowledged before me this rr\a^c3r\ 2025, by (j\d^y-^\ svwornsL^vrx Pr-c^di-e-v-v-Y- _of ^\\-cb^\\\^\vr\q t5em^- day of ,,as ., Contractor. (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 <>-)^^\^ ^-C^i c^^i U^\ . lotary Public CHEYANNE MAY NIELSEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20254028289 MY COMMISSION EXPIRES JULY 28, 2029 Town ofEstes Park Services Contract — Page 9 of 10 Town of Estes Park Services Contract -- Page 10 of 10 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 , 2026. Witness my hand and official Seal. My Commission expires . Notary Public TOV^N OF ESTES PARI<^ TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT ON-CALL GENERAL CONTRACTING SERVICES The parties, the Town ofEstes Park, Colorado (Town), a municipal corporation, and TCC Corporation, a Colorado corporation, whose address is 6820 Powell Street, Loveland, CO 80538, make this Contract this _ day of_, 2026, at the Town ofEstes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Contractor outlined in Contractor's Proposal; and; 1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders ; 2.2 Notice of Award; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Page(s) 1 October 29,2025 7 2.5 Town's Request for Quotes for an individual project; 2.6 Contractor's written estimate and proposed schedule for each individual project; 2.7 Town's Notice to Proceed on each individual project; 2.8 Request for Qualifications, containing 88 pages, dated October 14, 2025; 2.9 Contractor's Proposal, containing 18 pages, dated November 6, 2025; and Attachment 3 2.10 Insurance Certificates. 3 SCOPE OF SERVICES: Contractor 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 WORK ON INDF/IDUAL PROJECT: As specified in Section II of the Request for Qualifications, the Town will issue a Request for Quotes for individual projects. The Contractor, in its sole discretion, may respond to the Request as provided in Section II. The Town may accept the Contractor's proposal by issuing the Notice to Proceed for the individual project. Contractor shall timely perform the work on the individual project after receipt of the Notice to Proceed. 5 PRICE: The Town shall pay Contractor the not to exceed amount for each individual project as stated in the Request for Quotes and Contractor's proposal for the individual project. 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 CONTRACTOR: The Contractor 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 Contractor 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 Contractor 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 Contractor under the following conditions: 7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Contractor 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). Town ofEstes Park Services Contract — Page 2 of 10 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. 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. 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: CONTRACTOR: Paul Fetherston, Brian Crownover, Internal Services Director Vice-President _170 MacGregor Ave_ TCC Corporation Estes Park, CO 8051 7 6820 Powell St Loveland, CO 80538 10 COMPLIANCE WITH LAW: Contractor will perform this Contract in strict compliance with applicable federal, state, and municipal laws, mles, 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. Contractor shall defend 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 Contractor follows the safety regulations issued by OSHA. The Contractor shall indemnify, hold harmless, and assume liability on behalf of the Town and its officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the Town in relation to the Contractor's noncompliance with the accessibility standards for an individual with a disability adopted by the Colorado Office of Information Technology pursuant to section 24- 85-103, C.R.S. 11 PERMITS AND LICENSES: The Contractor 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 ofEstes Park is required to have a business license which can be obtained from the Town Clerk's Office. 12 PATENTED DEVICES. MATERIALS AND PROCESSES: The Contractor 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 ofEstes Park Services Contract — Page 3 of 10 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. 13 INSURANCE: Contractor 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, Contractor shall maintain such coverages for the insurance listed in Paragraphs 13.1, 13.3 and 13.4 for two additional years. For any claims- made policy, Contractor shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 13.1 Professional Liability for at least $ 1,000,000. 13.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. Contractor shall require any subcontractor hired by the Contractor to carry Workers' Compensation and Employer's Liability coverage. 13.3 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. 13.4 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 Contractor's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 13.5 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 Contractor. 13.6 Contractor shall, upon request, provide Town a certified copy of each required policy. 13.7 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Contractor 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 Town ofEsfes Park Services Contract — Page 4 of 10 PO Box 1200 EstesPark,C080517 Attention: Paul Fetherston, Internal Services Director 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 Contractor 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 Contractor, its officers, employees, agents, subcontractors, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall provide appropriate declarations and evidence of coverage. 13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages. Contractor 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. 13.10 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. 13.11 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 Services 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. 13.12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 14 INDEMNIFICATION: 14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town ofEstes Park Services Contract — Page 5 of 10 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 destmction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of the Contractor, anyone directly or indirectly employed by it, or anyone for whose acts Contractor may be liable. 14.2 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. 14.3 As part of this indemnity obligation, the Contractor 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 ofEstes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 15 INDEPENDENT CONTRACTOR: Contractor 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 Contractor. Contractor shall exercise no supervision over any employee or official of Town. Contractor shall not represent that it is an employee or agent of the Town in any capacity. Contractor's officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Contractor is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Contractor 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 Contractor may each contract with other parties. 16 PROVISIONS CONSTRUED AS TO FAIR MEANWG: Any tribunal enforcing this Agreement shall constme its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 17 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. 18 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Contractor receiving services or benefits under this Agreement is an incidental beneficiary only. Town ofEstes Park Services Contract — Page 6 of 10 19 TOWN'S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances mles or regulations, or may expose Town to liability or loss, Town may bar any person (including Contractor's 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. 20 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 21 TERM: This Contract shall commence on the date specified in a forthcoming Notice to Proceed, and shall continue through March 12, 2027 with the option of four (4) additional renewals, on an annual basis, as funding allows, upon agreement of both parties. 22 TERMINATION: 22.1 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. 22.2 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 Contractor written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Contractor for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 22.3 If either party so terminates, the Contractor 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. 23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by giving the Contractor written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Contractor 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 Contractor, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Contractor may terminate this Contract at will. 24 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. Town ofEstes Park Services Contract — Page 7 of 10 25 SUBCONTRACTDMG: Except subcontractor clearly identified and accepted in the Contractor's Proposal, Contractor may employ subcontractors to perform the Services only with Town's express prior written approval. Contractor is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subcontractors. 26 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. 27 AUTHORITY: This instmment forms a contract only when executed in writing by duly authorized representatives of Town and Contractor. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 28 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 29 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. Town ofEstes Park Services Contract — Page 8 of 10 CONTRACTOR: Title: Pr^l^A^- O-sjio -Z.DZ.L, Date State of co J ) ssJCounty of_UjTUfMjC_ The fqregoing instrument was acknowledged before me this HJ'*' day of <Ao/d^ _, 2026, by ^(\\(. CfCA^O\I(^ as f>ft.s<d(A^- _of TT (L Cflr ^roM fi<r\ Contractor (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 01 \ 6U) Stephanie A. McCormackNOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214026867 MY COMMISSION EXPIRES July 6,2029 lYHi/mAi^ Notary Public Town ofEstes Park Sei-vices Contract - Page 9 of 10 TOWN OF ESTES PARK: By:. Date Title: State of_)) ssCounty of _) The foregoing instrument was acknowledged before me by as _ of the Town ofEstes Park, a Colorado municipal corporation, on behalf of the corporation, this _ day of_, 2026. Witness my hand and official Seal. My Commission expires Notary Public APPROVED ASTO 1?ORM: &.uAA Special] Counsel Town ofEstes Park Services Contract — Page 10 of 10 nl -^1- TOWN OF ESTES PARI<^ TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT ON-CALL GENERAL CONTRACTING SERVICES The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Whitestone Construction Services, Inc., a Colorado corporation, whose address is 5375 Wester Ave Suite B, Boulder, CO 80301, make this Contract this _ day of ^ 2026, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Contractor outlined in Contractor's Proposal; and; 1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice of Award; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Page(s) 1 October 29,2025 7 2.5 Town's Request for Quotes for an individual project; 2.6 Contractor's written estimate and proposed schedule for each individual project; 2.7 Town's Notice to Proceed on each individual project; 2.8 Request for Qualifications, containing 88 pages, dated October 14, 2025; 2.9 Contractor's Proposal, containing 19 pages, dated November 5, 2025; and Attachment 44 2.10 Insurance Certificates. 3 SCOPE OF SERVICES: Contractor 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 WORK ON INDIVIDUAL PROJECT: As specified in Section 11 of the Request for Qualifications, the Town will issue a Request for Quotes for individual projects. The Contractor, in its sole discretion, may respond to the Request as provided in Section II. The Town may accept the Contractor's proposal by issuing the Notice to Proceed for the individual project. Contractor shall timely perform the work on the individual project after receipt of the Notice to Proceed. 5 PRICE: The Town shall pay Contractor the not to exceed amount for each individual project as stated in the Request for Quotes and Contractor's proposal for the individual project. 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 CONTRACTOR: The Contractor 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 Contractor 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 Contractor 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 Contractor under the following conditions: 7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Contractor 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). Town ofEsfes Park Services Contract — Page 2 of 10 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. 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. 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: Paul Fetherston, Internal Services Director 170 MacGregor Ave EstesPark,C080517 CONTRACTOR: Justin Blais, President \Vhitestone Construction Services, Inc 5375 Wester Ave Suite B Boulder, CO 80301 10 COMPLIANCE WITH LAW: Contractor will perform this Contract in strict compliance with applicable federal, state, and municipal laws, mles, 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. Contractor shall defend 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 Contractor follows the safety regulations issued by OSHA. The Contractor shall indemnify, hold harmless, and assume liability on behalf of the Town and its officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the Town in relation to the Contractor's noncompliance with the accessibility standards for an individual with a disability adopted by the Colorado Office of Information Technology pursuant to section 24- 85-103, C.R.S. 11 PERMITS AND LICENSES: The Contractor 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 ofEstes Park is required to have a business license which can be obtained from the Town Clerk's Office. 12 PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor 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 ofEstes Park Services Contract — Page 3 of 10 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. 13 INSURANCE: Contractor 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, Contractor shall maintain such coverages for the insurance listed in Paragraphs 13.1, 13.3 and 13.4 for two additional years. For any claims- made policy, Contractor shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 13.1 Professional Liability for at least $1,000,000. 13.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. Contractor shall require any subcontractor hired by the Contractor to carry Workers' Compensation and Employer's Liability coverage. 13.3 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. 13.4 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 Contractor's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 13.5 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 Contractor. 13.6 Contractor shall, upon request, provide Town a certified copy of each required policy. 13.7 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Contractor 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 ofEstes Park 170 MacGregor Avenue Town ofEstes Park Services Contract — Page 4 of 10 PO Box 1200 EstesPark,C080517 Attention: Paul Fetherston, Internal Services Director 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 Contractor 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 Contractor, its officers, employees, agents, subcontractors, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall provide appropriate declarations and evidence of coverage. 13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages. Contractor 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. 13.10 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. 13.11 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 Services 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. 13.12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 14 INDEMNIFICATION: 14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town ofEstes Park Services Contract — Page 5 of 10 Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys' fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of the Contractor, anyone directly or indirectly employed by it, or anyone for whose acts Contractor may be liable. 14.2 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. 14.3 As part of this indemnity obligation, the Contractor 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 ofEstes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 15 INDEPENDENT CONTRACTOR: Contractor 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 Contractor. Contractor shall exercise no supervision over any employee or official of Town. Contractor shall not represent that it is an employee or agent of the Town in any capacity. Contractor's officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Contractor is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Contractor 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 Contractor may each contract with other parties. 16 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. 17 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. 18 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Contractor receiving services or benefits under this Agreement is an incidental beneficiary only. Town ofEstes Park Services Contract — Page 6 of 10 19 TOWN'S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances mles or regulations, or may expose Town to liability or loss, Town may bar any person (including Contractor's 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. 20 WAD/ER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 21 TERM: This Contract shall commence on the date specified in a forthcoming Notice to Proceed, and shall continue through March 12, 2027 with the option of four (4) additional renewals, on an annual basis, as funding allows, upon agreement of both parties. 22 TERMINATION: 22.1 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. 22.2 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 Contractor written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Contractor for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 22.3 If either party so terminates, the Contractor 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. 23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by giving the Contractor written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Contractor 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 Contractor, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Contractor may terminate this Contract at will. 24 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. Town ofEsfes Park Services Contract — Page 7 of 10 25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the Contractor's Proposal, Contractor may employ subcontractors to perform the Services only with Town's express prior written approval. Contractor is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subcontractors. 26 GOVERNWG 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. 27 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Contractor. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 28 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 29 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. Town ofEstes Park Services Contract — Page 8 of 10 CONTRACTOR^ IM^tL- Title: (/i/^/^<;>y^/ U-o^ Date State of _C<D^oracl(^l County nf T^nLA 1 C\^^ J ) ss -) The foregoing instrument was acknowledged before me this W^c^cJK . 2026. bv S^ ^ V (-YlOkS T:b'3k7 1%_day of ,-,as|N«———- \\<c-f {^y-^^ic^ f^s- _ of UOhi'-^CS-^-M\Q Cfv^vuo-hi'^A . Contractor. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attomey-in-fact, insert name of person as an executor, attomey-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 (UO:^D^r CO, o^}3^- . fl JENNIFER MARIE BURGESS ^ NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20234041045 MY COMMISSION EXPIRES OCT 30, 2027 Town qfEstes Park Services Contract — Page 9 of 10 TOWN OF ESTES PARK: By:. Date Title: State of_)) ssCounty of_) The foregoing instrument was acknowledged before me by as _ of the Town ofEstes Park, a Colorado municipal corporation, on behalf of the corporation, this _ day of_, 2026. Witness my hand and official Seal. My Commission expires Notary Public APPROVED AS TO FORM: a.ujilA Counsel Town ofEstes Park Services Contract — Page 10 of 10 Request for Qualifications On-Call General Contracting Services for Projects with a value up to $100,000 Tuesday, October 14, 2025 Derek Pastor, Project Manager Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 E-mail: dpastor@estes.org Submissions due by 11:00 AM MDT Thursday, November 6, 2025 Attachment 55 RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 2 TABLE OF CONTENTS REQUEST FOR QUALIFICATIONS ................................................................................................................. 3 INTRODUCTION ................................................................................................................................................ 4 PROJECT BACKGROUND / INTENT ............................................................................................................................... 4 PROJECT FUNDING ...................................................................................................................................................... 5 SUBMISSION SCHEDULE.............................................................................................................................................. 5 PROPOSER COMMUNICATION & REQUESTS ................................................................................................................. 6 PRE-PROPOSAL MEETING ........................................................................................................................................... 6 ADDENDA TO RFQ ..................................................................................................................................................... 7 II. PROJECT OVERVIEW & SCOPE OF SERVICES ...................................................................................... 7 PROFESSIONAL SERVICES, TIME AND FEE ................................................................................................................ 13 METHOD OF PAYMENT ............................................................................................................................................. 13 USE OF SUBCONTRACTORS ....................................................................................................................................... 14 AWARD OF CONTRACT ............................................................................................................................................. 14 MATERIAL OWNERSHIP ............................................................................................................................................ 14 TERM OF CONTRACT ................................................................................................................................................ 14 III. INSTRUCTIONS TO PROPOSERS ........................................................................................................... 15 ORGANIZATION OF THE PROPOSAL ............................................................................................................................ 15 PROPOSAL SUBMISSION ............................................................................................................................................. 16 PROPRIETARY INFORMATION .................................................................................................................................... 17 REJECTION OF PROPOSAL ......................................................................................................................................... 17 USE OF SUBCONTRACTORS ....................................................................................................................................... 17 DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................................................... 17 INSURANCE REQUIREMENTS ..................................................................................................................................... 18 PROPOSAL REVIEW, EVALUATION & SELECTION PROCESS ....................................................................................... 18 SELECTION CRITERIA ............................................................................................................................................... 19 GENERAL REQUIREMENTS ........................................................................................................................................ 19 TOWN REPRESENTATIVES ......................................................................................................................................... 19 PROTEST PROCEDURES ............................................................................................................................................. 20 EXHIBIT 1 - TOWN OF ESTES PARK - ACCEPTANCE OF CONDITIONS STATEMENT ...................... 22 EXHIBIT 2 - TOWN OF ESTES PARK - PROPOSAL COVER SHEET ....................................................... 23 EXHIBIT 3 - CONTRACTOR’S PERSONNEL AND SUBCONTRACTOR LISTING .................................. 24 EXHIBIT 4 - TOWN OF ESTES PARK COST PROPOSAL ........................................................................... 25 EXHIBIT 5 – TOWN OF ESTES PARK - REFERENCE AUTHORIZATION AND RELEASE FORM ...... 26 EXHIBIT 6 - TOWN OF ESTES PARK - CONSTRUCTION CONTRACT (EXAMPLE) ............................ 27 CONSTRUCTION CONTRACT GENERAL CONDITIONS .......................................................................... 33 CONSTRUCTION CONTRACT SPECIAL CONDITIONS ............................................................................ 87 RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 3 REQUEST FOR QUALIFICATIONS The Town of Estes Park, Colorado, hereinafter “Town”, is accepting proposals for the purposes of establishing a shortlist of on-call general contractors for projects with general contractor services valued up to $100,000 per project in accordance with the terms, conditions, and specifications contained in these documents. No guarantees are made that additional services will be requested. Request for Qualifications documents can be obtained through the Rocky Mountain E-Purchasing (BidNet) website at www.rockymountainbidsystem.com or on the Town’s website at https://estespark.colorado.gov/RFQ. The Town of Estes Park, Colorado, will receive sealed Proposals for On-Call General Contracting Services for Projects with a value up to $100,000 until Thursday, November 6, 2025 at 11:00 AM MT Bids may be submitted via one of the following methods: 1. ‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System (www.rockymountainbidsystem.com); or 2. Email to Derek Pastor, Project Manager (dpastor@estes.org). Hand delivered or late submissions will not be accepted or considered. The documents are available on www.rockymountainbidsystem.com as well as on the Town’s website at www.estes.org/RFQ. Interested bidders are responsible for verifying receipt of all applicable documentation, including any associated addenda. The TOEP cannot guarantee accurate information obtained from sources other than BidNet. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 4 IN TRODUCTION PROJECT BACKGROUND / INTENT The Town of Estes Park (Town/ TOEP) located in Northern Colorado at the base of the Rocky Mountains in Larimer and Boulder Counties, is seeking to establish a pool of qualified general contractors to provide on-call general contracting services for various construction, renovation, and maintenance projects of a value up to $100,000. These projects may include, but are not limited to, office renovations, facility upgrades, emergency repairs, and other construction- related activities. The intent is to streamline the process of engaging contractors for projects that arise on an as-needed basis, ensuring timely and efficient completion of work, and maximizing progress made on renovations and maintenance of aging facilities. Information regarding the Town’s facilities can be accessed through its Facilities Master Plan that was completed in 2022. INTENT The purpose of this Request for Qualifications is to solicit proposals from experienced and qualified general contractors who can provide comprehensive on-call services. The selected contractors will enter into a construction contract to deliver high quality construction and maintenance services in a cost-effective and timely manner. As such, this RFQ is intended to: 1. Identify and pre-qualify a pool of contractors with proven expertise and reliability in general contracting. 2. Establish clear terms and conditions for the provision of on-call services, including response times, pricing structures, and performance standards. 3. Ensure compliance with all relevant regulations, safety standards, and organizational policies 4. Facilitate efficient project execution by having pre-approved contractors ready to mobilize for various projects as they arise. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 5 By establishing this pool of on-call generally contractors, the Town aims to enhance its ability to respond to construction and maintenance needs promptly, maximize high standards of high quality and safety, and optimize resource allocation. The Construction contract provided to the Contractor in response to this RFQ shall prevail for one year from the effective date of the contract, at which time the Town shall have the option to renew the contract for up to four (4) additional one-year periods; provided that the Contractor provided satisfactory performance during the contract period. Continuation of the awarded agreement beyond the initial period will be a mutual decision of the both the Town and Contractor. More details are provided in the Scope of Work section. PROJECT FUNDING Each project will be funded by Town funds appropriated with either or both the operating and capital budgets, respectively. While no grant funding is currently anticipated, some grant funding may be involved in projects through the term of an On-Call General Contracting construction contract. SUBMISSION SCHEDULE The following is the solicitation schedule for Proposers: Event Start Date End Date Request for Qualifications (RFQ) Available Deadline for Questions (5:00PM MT) Final Addenda Issued Submissions Due (11:00AM MT) RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 6 PROPOSER COMMUNICATION & REQUESTS All correspondence, communication and/or contact regarding any aspect of this RFQ shall be with the TOEP representative identified below. Town of Estes Park Derek Pastor, Town Project Manager 170 MacGregor Avenue Estes Park, CO 80517 Phone: 970-577-3957 Email: dpastor@estes.org Prospective Contractors and their representatives shall not make any contact or communicate with any members of the TOEP, other than, Town Project Manager, regarding any aspect of this RFQ. At any time during this procurement, up to the time specified in “Submission Schedule,” prospective Contractors may submit a request for a clarification or interpretation of any aspect or requirement of the RFQ. All questions and subsequent answers will be included in addendum documentation. If it should appear to a prospective Contractor that the scope under the contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFQ or contract documents, or that any conflict or discrepancy exists between different parts thereof or with any Federal, State, or local law, ordinance, rule, regulation, or other standard or requirement, then the offeror shall submit a written request for clarification to the TOEP within the time period specified above. PRE -PROPOSAL MEETING A pre-proposal meeting will be held to provide potential proposers with an opportunity to gain a comprehensive understanding of the RFQ requirements. The meeting is designed to clarify any ambiguities in the RFQ and to ensure that all bidders have the necessary information to submit a responsive and competitive proposal. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 7 DATE: Tuesday, October 21, 2025 at 1:00 PM MT LOCATION: Virtual ATTENDANCE: Optional, Highly recommended for all prospective proposers. Video call link: https://meet.google.com/ujb-riyx-mcc Or dial: 0494-752-(US) +1 413 PIN: 374 088 426# ADDENDA TO RFQ The TOEP reserves the right to amend the RFQ at any time. Any amendments to or interpretations of the RFQ shall be described in written addenda. The TOEP shall post addenda for prospective Contractors to access through BidNet and on the Town’s website. It is the responsibility of prospective Contractors to access all addenda. All addenda issued shall become part of the RFQ. If the TOEP determines that the addenda may require significant changes in the preparation of proposals, the deadline for submitting the proposals may be postponed by the number of days that the TOEP determines will allow offerors sufficient time to revise their proposals. Any new due date shall be included in the addenda. All comments, questions/answers and clarifications during this pre-bid meeting will be summarized and distributed (via BidNet and the Town website) in the form of an addendum. Additionally, prospective offerors may also submit any additional written inquiries concerning the requirements of this solicitation to Derek Pastor via BidNet or e-mail (dpastor@estes.org) by 5:00 PM MT Tuesday, October 28, 2025. Offerors are reminded that any changes to the Request for Qualifications will be by written addenda only and nothing stated verbally shall change or qualify in any way any of the provisions in the Request for Qualifications and shall not be binding on the TOEP. II. PROJECT OVERVIEW & SCOPE OF SERVICES The Town of Estes Park is requesting proposals from qualified, licensed professional General Contractors for the purpose of establishing an on-call shortlist to assist the staff on future facilities, grounds and property projects throughout Estes Park (not including public right-of-way improvements) on an as-needed basis. It is anticipated that the Town will utilize these General RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 8 Contractor services on projects with a value up to $100,000 per project. All individual projects at or above the value threshold that require Town Board consideration and action will be required to secure Town Board approval. The Contractor’s services shall include all personnel, labor, materials, overhead, equipment, licenses, permits, all costs (direct and indirect), administrative costs (postage, printing, copying, deliveries), research, recommendations, written documents, inspections, supervision and approval of work as necessary to accomplish assigned projects. Specific individual project requirements will be outlined by the Town, with a Request for Quotes solicited, authorized and executed pursuant to Construction contract stating the total not to exceed amount and completion date prior to commencement of work. Contractor shall comply with the authorized Quote. Contractor shall complete work according to proposed project timeline and shall provide all deliverables in a timely manner and within the total not to exceed amount stated in the Quote. Contract Scope: It is anticipated that the on-call contractor’s scope of work may entail construction in any area including, but not limited to: RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 9 Contractor shall visit each project site and become familiar with all conditions that may affect the work. Before commencing work, the contractor and the Town facilities management shall inspect the entire project site and prepare an ‘As-Is List’ of any and all defects or inoperative systems. • At the commencement of work, the project site shall be in structurally sound condition, free from cracks and leaks and all electrical, heating and air conditioning, plumbing systems are operational, except as noted on ‘the As-Is List’. • Upon completion of work, all then existing defects not recorded upon said ‘list’ shall be repaired, replaced or made operative by the Contractor at his own risk and expense. • Certain existing systems may be under warranty or critical to the Town’s operations and if damaged by Contractor, shall, unless otherwise directed by the Town, be repaired only by the Warrantor or the Town at the Contractor’s expense. These types of systems include, but not limited to all utility services (water, electricity, telephone, sewer and media cable), HVAC, roofs, security system, fire alarm system, intercom system, energy monitoring and control system, computer network system and TV/ Cable distribution. • In the event of damage to any such system, the Contractor shall immediately notify the Town’s Project-Specific Project Manager . A written estimate and proposed schedule must be provided with drawings if applicable for approval by appropriate Town personnel before any project begins. Contractor is required to furnish all materials and labor. All work must be performed in accordance with Local and State Building and Fire Safety codes. The Contractor agrees to provide the following items for each project and to perform in accordance with the contract conditions of this RFQ: • All labor, materials, equipment and services required to complete the work. • All supervision and coordination of each work project. • Provide an estimate of total project costs as a guaranteed maximum amount prior to commencing work on the project. o Change orders resulting from unseen/unknown work will be handled separately RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 10 through written communication detailing the proposed changes, cost estimate and impact to the current schedule. No work is to commence with written approval from the Town (excluding emergency repairs). • All required insurance and certificates. • All permits, licenses, inspection fees, etc. • All administration, financial and safety aspects. • All samples and shop drawings submitted in a timely manner for approval (when required). • All work completed by the agreed upon completion date. A construction schedule shall be submitted showing all tasks and durations and completion dates by the date required (Gannt chart or equivalent). • All required completion close-out documents (e.g. warranties, lien waivers, completion certificates, governing inspection certificates, etc.). • Coordinate utilities locates prior to performing any work, as needed. Documents, Licenses & Permits • Documents: If required for the project, the Contractor will provide a set of As Built Drawings at the completion of each project. • Licenses: Contractors must submit with proposal a current State of Colorado General Contractor’s License and Town of Estes Park Business License. When necessary, the Contractor must submit with each project quote copies of the current trade license(s) to complete the project work required of the project such as electrical, plumbing, etc. • Permits. The Contractor shall be responsible for the procurement and payment of all permits required by any and all agencies having jurisdiction over the project. Work Times. All work on site shall be accomplished during normal business hours, 8:00AM to 5:00PM Monday-Friday, unless otherwise agreed upon with the Town. If access to the building is required at other times, arrangements must be made at least 48 hours in advance with the Town Representative. It is understood that each awarded project may require some level of expected work beyond “normal business hours”. Overtime and / or weekend work cost will only be considered if the scope of the project cannot be “substantially completed” during normal RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 11 business hours. Property Protection. Contractor shall protect all existing furniture, equipment, structures, trees, shrubbery, landscaping and grass from damage. Contractor shall be responsible for satisfactory replacement or repair of any damage that occurs as a result of this contracted work. Contractor shall clean up all work debris and legally dispose of all debris off-site and must “broom clean” at the end of each workday. Accumulation of debris is not permitted. Disposal in a Town dumpster is not permitted. Safety. Contractor is solely responsible for the safety of all workers, Town personnel and the public during the execution of the work. Extreme caution shall be exercised by all workers to ensure that all possible precautions are taken to prevent injury to Town staff and the public. Contractor shall not leave ladders, tools, or equipment unattended. Quality of Work. All work shall be performed in a professional manner. Work must be in compliance with all governing Federal, State, Town, electrical, plumbing, HVAC, and/or fire safety codes. All work requiring licensed trades by code or regulation shall be done only by the employees having such licenses. Hazardous Material. • Prior to starting work, contractor shall obtain a statement from the Town regarding the status of any existing hazardous materials known to be present in the areas affected by the work. The Town will perform necessary abatement to hazardous materials prior to the contractor performing the work in those work areas. • If the contractor suspects that hazardous materials may exist in areas of work not previously discovered by the Town, the contractor shall cease work immediately in the area of the suspect materials and contract the Town for confirmation testing and if necessary prompt abatement action so as not to hinder the progress of the work. The contractor shall not disturb any suspect materials. • If the contractor will be using hazardous building materials, contractor shall provide MSDS sheets for each material and the contractor shall provide all necessary cleaning, such as removal of spillage, and remove all irregularities to ensure all hazardous materials will not RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 12 affect the Town. Permits and Inspections. Contractor is responsible for furnishing all materials, labor and services for all work in accordance with the contract documents. Obtaining permits are the responsibility of the Contractor for any work in which permits will be required. Inspections, and any corrective measures identified by the inspector, shall be coordinated and performed by the Contractor. Any inspection of the work by any representative of the Town shall in no way affect these responsibilities and undertakings of the contractor. The failure of any representative of the Town to discover or bring to the attention of the Contractor for existence of any work obligation of the contractor does not relieve the contractor from fulfilling his/her responsibilities under the contract documents. A contractor’s representative shall attend the final inspection. A walk- through with the appropriate Town personnel must occur and be approved for project completion and acceptance. Utilities Coordination. Contractor shall engage with all appropriate utility companies and inquire as to all available rebates and incentives available from the utility to reduce the overall cost of any awarded Project. The Contractor and Agency may agree to pursue any available rebates and incentives, and any such rebates or incentives are to be credited back to the Town with monthly billing. In addition, in the event that State and/or Federal regulations create tax benefits and/or other similar incentives, the Contractor and Agency may agree to pursue any available incentives and negotiate the percentage of share for each party for any tax benefits and/or other similar incentives. Project-by-Project Requests for Quotes. Requests for Quotes (formal or informal) may be issued on a project-by-project basis. Projects may vary in scope and magnitude. Services shall be provided efficiently and in a timely fashion. For any Request for Quote submitted to the Contractor by the Town for pricing, the Contractor agrees to review and, in good faith, submit comprehensive, detailed pricing for each Request within fourteen (14) consecutive calendar days of the issuance of such Request. Contractor agrees that all bid prices shall be valid for 60 days from the date of Town receipt of the bid. The Town reserves the right to request a complete breakdown of material (by item, price, and quote mark-up) and labor costs (by position, hours and quoted rate) if the contractor’s not to exceed price is at 15% variance with RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 13 the Town’s estimate for the work (Town will not disclose project budgets or estimates). Service Requirements • Upon issuance of any Request for Quote by the Town to the Contractor, Contractor agrees to submit comprehensive, detailed pricing to the Town along with a proposed timeline for development of the specified project within fourteen (14) consecutive calendar days of the issuance of such Request. Failing that, Contractor’s opportunity to bid on the specific request for quote may be forfeited. • If the Town accepts Contractor’s proposal for services on any specific project, it shall issue a Purchase Order as notice to proceed. • Upon receipt of such Purchase Order, Contractor shall procure and provide required performance bond as applicable to the project. • Contractor shall supply all labor, vehicles, equipment and materials necessary to meet the needs of the Town as indicated in this solicitation. • Communications by and with the Contractor's subcontractors shall be through the Contractor, including those communications with General Contractor or other project contractors. Contractor shall maintain full communication with the Town’s Project Manager or other designated representatives to ensure that it is fully advised of any issues, questions, concerns and modifications. PROFESSIONAL SERVICES, TIME AND FEE Following selection of a Contractor based on qualifications, fee proposal/negotiations, experience, interviews of top selected firms and other factors, the TOEP will enter into a contract agreement for services. Payments shall not exceed the total contracted value. Subcontracting is allowed and shall be line item detailed (See Exhibit 3 - Contractor’s Personnel and Subcontractor Listing), and an estimated value identified for fee proposal and initial contract purposes, with final scope and fee approved prior to commencing any work. METHOD OF PAYMENT The Town will process invoices for individual projects monthly. The amount of such payment shall be based upon certified progress reports and billing covering the work performed and based upon percentage (%) complete. The invoice will be submitted to the TOEP representative, as RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 14 identified for each project, or another designee, for approval. If a new service is requested that is not listed in the proposal and included in the contract, the Contractor and the TOEP will negotiate an appropriate price and document the scope and cost of the service on a change order prior to any extra work being done. USE OF SUBCONTRACTORS The proposing Contractor shall indicate in the proposal any work intended to be performed by subcontractors or persons outside of their firm. The Contractor shall name the subcontractors, if known at the time of proposal submittal. Subcontractors shall be bound to meet the same quality standards and schedules. They will also provide the same level of documentation as described in Instructions to Proposers below. AWARD OF CONTRACT A formal contract will be awarded to the responsive and responsible proposing Contractors whose proposal, conforming to the RFQ and according to the selection factors, will be most advantageous to the TOEP. If chosen, the Contractors will enter into an agreement with the TOEP via Exhibit 6 - Construction Contract. Invoicing shall be based on the Contractor’s hourly rate schedule provided in the proposal, equipment/materials costs, and will not exceed the contract amount without a previously approved change order executed with the TOEP and the Contractor. The successful Contractor shall acquire a Town Business License prior to signing the contract. A Town Business License can be obtained through the Town Clerk’s Office at https://www.colorado.gov/pacific/townofestespark/businesslicensing. MATERIAL OWNERSHIP All material submitted regarding this RFQ becomes the property of the TOEP and will only be returned to the Contractor at the TOEP’s option. The TOEP has the right to use any or all ideas presented in reply to this RFQ. Disqualification of proposer does not eliminate this right. TERM OF CONTRACT The term of the contract resulting from this RFQ shall be from the date of the executed contract through contract date or final acceptance of the work. The TOEP will generate the Construction Contract in accordance with TOEP policy (Exhibit 6 - Construction Contract). A contract term that is acceptable for both the TOEP and selected firm would be negotiated upon selection. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 15 III. INSTRUCTIONS TO PROPOSERS ORGANIZATION OF THE PROPOSAL Organization and brevity are appreciated. The sections of the RFQ shall be indexed per the sections noted below in the submittal format for easy reference. 1) Proposal Cover Sheet: Submit completed Proposal Cover Sheet (Exhibit 1 – Acceptance of Conditions Statement) and Exhibit 2 – Town of Estes Park Proposal Cover Sheet. 2) Technical Approach (20 Points): Based on the scope of services requested, additional information and any supplemental data, provide a narrative of the firm’s approach to completing a project. Describe the procedures and methods that will achieve the required outcome of a project. Include a listing of the Town’s responsibilities and the Proposer’s responsibilities required. The overview should articulate an understanding of the TOEP's needs and should describe the proposed work and all applicable requirements and should be limited to two (2) pages. 3) Project Management (20 Points): Describe how each project assigned will be organized and managed. Describe the progress reporting procedures and communication strategies for assigned projects. Include the approach to using in-house resources vs sub-contractors. Response should be limited to one (1) page. 4) Project Staffing (15 Points): Identify the individuals who will be part of the team. Provide detailed experiences, certifications, and years of service for team members who will be directly working on assigned projects during the contract term. Submit completed (Exhibit 3 – Contractor’s Personnel and Subcontractor Listing). Response should be limited to three (3) pages. 5) Organizational Qualifications (20 Points): Describe the firm’s experience, capabilities and other qualifications. Include the number of years the firm has operated under the current company name; and disclose if the firm has ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 16 from doing business with the Federal Government. The information provided in Exhibit 4 – Town of Estes Park Cost Proposal will be used as a data point when determining the overall value of the proposal and firm. 6) Similar Project/ Services Background and Experience (20 Points): Please provide a list of at least three (3) previous project references completed or begun within the last three (3) years. Include specific information about each project that applies to the experience of your firm relative to this RFQ. If applicable, at least one (1) of those projects should be for work that any sub-contractors have performed with your firm, collectively as a team. This should be limited to five (5) pages. Projects with governmental agencies preferred. 7) Exhibits: Review, complete, sign and date the following attachments: a. Exhibit 1 – Town of Estes Park Acceptance of Conditions Statement b. Exhibit 2 – Town of Estes Park Proposal Cover Sheet c. Exhibit 3 – Contractor’s Personnel and Subcontractor Listing d. Exhibit 4 – Town of Estes Park Cost Proposal e. Exhibit 5 – Town of Estes Park Reference Authorization and Release Form Selection of the preferred firm will be based on qualifications (See Selections Criteria Matrix below), value, previous experience, and interviews (if deemed necessary by the project team). Upon selection of the preferred firms, the TOEP will work with the selected teams to finalize a detailed Scope of Services and fee. If subsequent fee negotiations are unsuccessful, TOEP reserves the right to negotiate with the next highest-scoring candidates. PROPOSAL SUBMISSION All proposals must be submitted to the Project Manager by 11:00 AM MT Thursday, November 6, 2025. Proposals must be submitted through one of the following means: A. ‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System (www.rockymountainbidsystem.com); or B. Email to Derek Pastor, Project Manager (pfetherston@estes.org) HAND DELIVERED PROPOSALS AND LATE PROPOSALS WILL NOT BE ACCEPTED OR CONSIDERED. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 17 PROPRIETARY INFORMATION All information included in any proposal that is of a proprietary nature must be clearly marked as such. The TOEP shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. In general, it is not acceptable to the TOEP to mark information other than financial data as proprietary without the written authorization from the Town. Failure to adhere to this restriction could result in rejection of the entire proposal. The TOEP has the right to use any or all ideas presented in reply to this RFQ. Disqualification of the proposer does not eliminate this right. REJECTION OF PROPOSAL The Town of Estes Park reserves the right to cancel this Request for Proposal; reject any Proposal, in whole or in part; to modify the Scope of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Proposals received, when it is in the Town's best interest to do so. The total cost of proposal preparation, submission, and any travel or accommodations resulting from invitation to interview shall be covered by the Offeror. USE OF SUBCONTRACTORS The proposing firm shall indicate in the proposal any work intended to be performed by subcontractors or persons outside of their firm (e.g., partnering firms, contractors, etc.). The Offeror shall name the partner firms, if known, at the time of proposal submittal. Partners and subcontractors shall be bound to meeting the same quality standards and schedules as the proposing firm. They will also provide the same level of documentation (insurance & business licenses). DISADVANTAGED BUSINESS ENTERPRISE (DBE) The TOEP, in accordance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal Regulations (CFR), Department of Transportation (DOT), Part 21, for nondiscrimination in federally-assisted programs, notifies all bidders and proposers that it will affirmatively ensure that, in any contract entered into for this solicitation, disadvantaged business enterprises will be afforded full opportunity to participate in the solicitation process and will not be discriminated against on the grounds of race, color, or national origin. There is no DBE requirement for this project; however, DBE participation is strongly encouraged. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 18 INSURANCE REQUIREMENTS Insurance Certificates are not required with the proposal but shall be provided by the selected contractor with the signed Construction Contract. The TOEP must approve the successful firm’s/firm(s) insurance prior to execution of the agreement by the TOEP Board of Trustees. The successful firm shall also acquire a TOEP Business License prior to signing the agreement, at their own expense. PROPOSAL REVIEW , EVALUATION & SELECTION PROCESS Respondents should submit a comprehensive, but concise, RFQ submittal. Failure of the respondents to provide any information requested in this RFQ may result in disqualification of the submitted proposal. Submittal Review: The Review Committee shall evaluate and rank proposal submittals based on alignment with the RFQ requirements, Submittal Format, and Review Criteria. Interviews may be scheduled at TOEP discretion; however, TOEP reserves the right to select a firm based on the proposals only. Interview of Finalists: At the TOEP’s option, the field will be narrowed to the top responsive proposers and they will be invited to interview with the review committee, in a to-be-defined format. The finalists will have approximately one (1) week to prepare their presentation for the committee. Disclaimer: Any Construction Contracts subject to the review and approval of the TOEP Board of Trustees. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 19 SELECTION CRITERIA The objective of the Evaluation and Selection Committee will be to evaluate proposals against the criteria set forth here-in: Selection Criteria Point Value Total Possible Points 100 Points Based on the point system, the firms will be ranked in order of their perceived ability to perform the work. The top firms MAY be interviewed and, after interviews, points may be recomputed. G ENER A L REQUIREMENTS The successful firm shall: • Have experience in the general contracting services requested in this RFQ. • Enter into a contract with the TOEP to provide general contracting services. • Provide proof of and maintain insurance coverage for the duration of the contract period as outlined in the TOEP’s Construction Contract. • Operate as an independent contractor and will not be considered employee(s) of TOEP. • Be paid on actual invoices as work is completed. • Secure and maintain a Town business license to perform work within Town limits for duration of contract. TOWN REPRE SENTATIVES The TOEP’s representative for this RFQ will be Derek Pastor, Project Manager, of the Internal Services Department. All progress meetings, project review, field meetings, day-to-day work, and project-related contact will be coordinated through the project-specific Project Manager. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 20 PROTEST PROCEDURES Any person adversely affected by this solicitation shall file with the Town Clerk, Town of Estes Park, P.O. Box 1200, Estes Park, CO 80517 a Notice of Protest, in writing, at least five (5) calendar days prior to the date on which proposals are to be received. Protests will be considered and responded to in writing prior to the proposal due date of Thursday, November 6, 2025. If the protest is sustained, the proposal due date may be delayed, and an addendum issued to modify the due date or cancel the solicitation. If the protest is denied, the proposal due date is upheld, and submissions will be required as originally scheduled. Any person adversely affected by a decision in connection with this solicitation shall file a Formal Written Protest, in writing, within five (5) calendar days of receipt of the decision with the TOEP Project Manager. The formal written protest shall state with particularity the facts and law upon which the protest is based. Protesters may not challenge the evaluation criteria or the relative weight of the evaluation criteria or the formula for making an award determination. Upon receipt of a formal written protest that has been filed in a timely manner, the Project Manager shall stop the proposal solicitation process or the award process until the subject of the protest is resolved by mutual agreement or by final action of the TOEP Board of Trustees. The Project Manager shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) working days of receipt of a formal written protest. If the protest is not resolved by mutual agreement within seven (7) working days, the Project Manager and/or the protestor shall refer the protest to: Town Administrator, Town of Estes Park, P.O. Box 1200, Estes Park, CO 80517. The TOEP Board of Trustees will review the protest and the Project Manager’s decision, and either concur or reverse the decision at the next possible regular meeting of the Town Board. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 21 Document Accessibility Compliance Requirement In accordance with State of Colorado law (House Bill 21-1110 and Senate Bill 23-244), all vendors submitting proposals in response to this Request for Proposals (RFP) must ensure that any documents submitted as part of the proposal process, and any deliverables provided under any resulting contract, are fully compliant with the State of Colorado’s Technology Accessibility Standards. TOWN OF ESTES PARK Derek Pastor, Project Manager Town of Estes Park 970-577-3957 dpastor@estes.org RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 22 EXHIBIT 1 - TOWN OF ESTES PARK - ACCEPTANCE OF CONDITIONS STATEMENT No employee, elected or appointed official of the Town of Estes Park, or any such person’s spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or personal interest in the proposing firm of this Request for Proposal, except as follows: I/we hereby agree to all instructions, terms and conditions, and specifications contained herein. I/we acknowledge receipt of the following Addenda: ATTESTATION: RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 23 EXHIBIT 2 - TOWN OF ESTES PARK - PROPOSAL COVER SHEET NOTE: Read all instructions, conditions and specifications in detail before completing this Request for Proposal. Please complete and include this cover sheet with your technical proposal. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 24 EXHIBIT 3 - CONTRACTOR’S PERSONNEL AND SUB CONTRACTOR LISTING NAME ROLE Add rows as needed. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 25 EXHIBIT 4 - TOWN OF ESTES PARK COST PROPOSAL ON-CALL GENERAL CONTRACTING SERVICES FOR PROJECTS WITH A VALUE UP TO $100,000 Proposer: Please complete the attached pages of the Cost Proposal Form, and return them with this cover page. By signing this page, Responder acknowledges that he/ she has carefully examined and fully understands the Contract, Scope of Work, and other attached documents, and hereby agrees that if his/ her proposal is accepted, he/ she will contact with the Town of Estes Park according to the Request for Proposal documents. Please provide the following information: Percent Average General Contractor mark-up on all labor and materials RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 26 EXHIBIT 5 – TOWN OF ESTES PARK - REFERENCE AUTHORIZATION AND RELEASE FORM Proposer hereby authorizes Town to perform such investigation of proposer as the Town deems necessary to establish the qualifications, responsibility and financial ability of proposer. By its signature hereon, proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and the Town from any and all liability to proposer as a result of any such reference information provided. Proposer further waives any right to receive copies of reference information provided to the Town. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 27 EXHIBIT 6 - TOWN OF ESTES PARK - CONSTRUCTION CONTRACT (EXAMPLE) CONSTRUCTION CONTRACT ON-CALL GENERAL CONTRACTING SERVICES THIS CONTRACT is made at the Town of Estes Park, Colorado, by and between the Town of Estes Park, Colorado (Town), a municipal corporation, and (Contractor), a , whose address is . 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; 3. The following addenda, if any: i. Number Date Page(s) 4. The following Special Conditions of the Contract: i. Document Title Page(s) 5. General Conditions; 6. The following Technical Specifications: i. Document Title Page(s) 7. The following Drawings: i. Number Title Date 8. Notice to Proceed; 9. Notice of Award; RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 28 10. Invitation to Bid 11. Bid Bond; 12. Bid Proposal; 13. Instructions to Bidders; 14. Performance Bond and Payment Bond; 15. Insurance Certificates; 16. Construction Progress Schedule; and 17. 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 [Type amount of contract price, then press f11 to proceed] 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 14 work days, and must complete work: [Select one] ___ within [number of calendar days to complete work]calendar days from and including the date of Notice to Proceed, according to the General Conditions. ___ by [date]. ___ as described in the Special Conditions. 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 $500.00 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 RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 29 being completed on time, and the impact and damages, certainly serious in monetary as 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 [Department or Division] Street 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. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 30 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 Workers' Compensation benefits from the Town and are obligated to pay federal and state income tax on money earned pursuant to the Contract. This is not an exclusive contract. 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 _____________, [Type year, then press f11 to proceed]. (Signature pages to follow.) RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 31 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 , 2025. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 32 CONTRACTOR: By: Date 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 , 2025. Witness my hand and official Seal. My Commission expires . Notary Public RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 33 CONSTRUCTION CONTRACT GENERAL CONDITIONS Since the General Conditions are general, some conditions may not apply to a particular Project. Article 1- DEFINITIONS AND ABBREVIATIONS 1.1 Definitions: Whenever used in the Bidding Documents and Contract Documents, the following terms shall have the following meanings, applicable to both the singular and plural: 1.1.1 Addenda: Written changes to the Bidding Documents issued at least two days before the Opening of Bids which modify or interpret the Contract or changes the date set for the Opening of Bids. 1.1.2 Alternate Bid: An Alternate Bid is an amount stated in the Bid added to or deducted from the base amount of the Bid when the Town accepts a corresponding change in project scope, materials or method of construction described in the Contract. 1.1.3 Bid: The proposal the Bidder submits on the prescribed Bid Forms stating the prices for the Work to be performed. 1.1.4 Bid Forms: The Bid Proposal, Bid Bond, Bid Schedule, Bidder's Qualifications and Data, and Subcontractors and Related Data. 1.1.5 Bidder: The person, partnership, or corporation submitting a Proposal for the performance of the Work covered by the Contract. 1.1.6 Bidding Documents: The Invitation to Bid, Instructions for Bidders, Bid Forms, Specifications, Drawings, Construction Contract Template, Special and General Conditions and Addenda (if any). 1.1.7 Bonds: Bid Bonds, Performance Bonds, and Labor and Material Payment Bonds or other instruments of security, furnished by the Contractor and its Surety according to the Contract. 1.1.8 Calendar Days: Includes all days in a month including weekends and holidays. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 34 1.1.9 Change Order: A written modification of the Contract, issued after award to the Contractor, authorizing an addition, deletion or revision in the Work within the general scope of the Contract or authorizing an adjustment in the Contract Price or Contract Time, mutually agreed upon between the Town and the Contractor. 1.1.10 Town: The Town of Estes Park, in the State of Colorado, acting by and through its Mayor, Town Board of Trustees, Town Administrator, or other authorized representative. 1.1.11 Completion Date: The date the Contract specifies the Work is to be completed. 1.1.12 Contract: The Construction Contract consisting of the Agreement for a Construction Contract and the incorporated Contract Documents. 1.1.13 Contract Coordinator: The authorized representative of the Town designated to act for the Town in processing the Award of Contracts, maintaining centralized official Contract documentation, providing administrative liaison/coordination, legal liaison/coordination via Town Attorney, and processing of Contract Payment authorizations as approved by the Project Manager. The Project Manager may also be the designated Contract Coordinator. 1.1.14 Contract Documents: All the documents expressly incorporated into the Construction Contract, including but not limited to Exhibits to this Agreement, General Conditions, Special Conditions, Drawings, Supplemental Drawings and Schedules, Technical Specifications, Bidding Documents, Change Orders, Notice of Award, Notice of Final Acceptance, Notice of Construction Acceptance, Notice to Proceed, and Notice of Substantial Completion. 1.1.15 Contract Price: The total monies payable to the Contractor under the terms and conditions of the Contract. 1.1.16 Contract Time: The amount of time between beginning of Work as set out by the Notice to Proceed and the time set in the Contract for the Completion of Work 1.1.17 Contractor: The person, company, firm or corporation contracting with the Town to construct, erect, alter, install or repair any work or construction project. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 35 1.1.18 Drawings: The part of the Contract prepared or approved by the Project Manager showing the characteristics and scope of the Work to be performed. 1.1.19 Date of Contract: The execution date in the Agreement for a Construction Contract. 1.1.20 Day: A calendar day of twenty-four hours each. 1.1.21 Field Order: A written order directing a change in the Project issued by the Project Manager to the Contractor during construction. 1.1.22 Inspector: The Town's authorized representative assigned to make detailed inspection of the Work performed by the Contractor. 1.1.23 Notice of Award: The written notice of the acceptance of the Bid from the Town to the successful Bidder. 1.1.24 Notice of Construction Acceptance: The written acknowledgment that construction is complete which starts the warranty period. 1.1.25 Notice of Final Acceptance: The written acceptance of Work performed under the Contract, following satisfactory conclusion of the warranty period. 1.1.26 Notice of Final Settlement: The notice published by the Town in a newspaper, in accordance with §38-26-107, C.R.S., prior to the Town’s final settlement with the Contractor for the Work. 1.1.27 Notice to Proceed: The written notice by the Town to the Contractor authorizing it to proceed with the Work which establishes the Contract commencement and Contract Coordinator. 1.1.28 Notice of Substantial Completion: The written notice of the date, as certified by the Project Manager, when the Project or a specified part is sufficiently completed, according to the Contract, so the Project or specified part can be used for the intended purposes. 1.1.29 Owner: The Town; see 1.1.9. 1.1.30 Project: The undertaking to be performed as provided in the Contract. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 36 1.1.31 Project Manager: The authorized representative of the Town, known as the Project Manager, assigned to the Project to ensure that all Work is performed according to the terms and conditions of the Contract. The Project Manager may serve as Contract Coordinator, and such titles may be used synonymously. Also see Article 10, "Project Manager's Responsibilities." 1.1.32 Shop Drawings: All Drawings, diagrams, illustrations, brochures, schedules, and other data prepared by the Contractor, a Subcontractor, manufacturer, Supplier or distributor which illustrate how specific portions of the Work will be fabricated or installed. 1.1.33 Special Conditions: Additions to the General Conditions containing instructions and conditions specific to an individual Project. 1.1.34 Specifications: A part of the Contract Documents consisting of written technical description of materials, equipment, construction systems, standards, and workmanship. 1.1.35 Subcontractor: Any person, company, firm or corporation, having a contract with the Contractor to furnish and perform on-site labor, with or without furnishing materials for the project. 1.1.36 Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. 1.1.37 Surety: The entity which is bound with and for the Contractor for the Performance of the Work and for the Labor and Material Payment Bond. 1.1.38 Unit Price: An amount stated in the Bid as a price per unit of measurement for materials or services as described in the Contract. 1.1.39 Work: The construction and services required by the Contract, whether completed or partially completed, including all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may be the whole or a part of the Project. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 37 1.1.40 Work Days: Includes all days in the month the Contractor is permitted to work; excludes weekends and holidays, unless otherwise specified in one of the Contract Documents. 1.2 Abbreviations: When the following abbreviations appear in the documents, they are defined as follows: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ADA Americans with Disabilities Act AISC American Institute of Steel Construction ANSI American National Standards Institute ASA American Standards Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWS American Welding Society AWWA American Water Works Association CDOT Colorado Department of Transportation EPA Environmental Protection Agency MUTCD Manual on Uniform Traffic Control Devices OSHA Occupational Safety & Health Administration WW-P Federal Specifications Prefix RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 38 Article 2 - PRELIMINARY MATTERS 2.1 Notice to Proceed 2.1.1 Following the execution of the Contract by the Parties, the Project Manager will give the Contractor written Notice to Proceed with the Work. The Contractor shall begin and continue the Work regularly and without interruption (unless otherwise directed in writing by the Project Manager) with the diligence and efficacy necessary to complete the Work within the time stated in the Contract. 2.2 Contractor's Understanding 2.2.1 The Contractor agrees that, by careful examination, it is satisfied as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed before beginning and for the Project, the general and local conditions, and all other matters, which can in any way affect the Work under the Contract. No oral agreement with any officer, agent or employee of the Town either before or after the execution of the Contract shall affect or supersede any of the terms or obligations contained in the Contract. No portion of the Work shall be constructed under conditions that would affect adversely the quality or efficiency thereof unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. Any method of work suggested by the Town, but not specified, shall be used at the risk and responsibility of the Contractor, and the Town shall have no responsibility therefor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of the plan, equipment, and methods. 2.3 Contractor's Warranty 2.3.1 The Contractor warrants that it has the knowledge, ability, experience, and expertise to perform the Work competently. The Contractor warrants the capacity of the Contractor's construction plant, personnel, and its ability to complete the Project within the allotted time. 2.4 Contractor's License and Permits RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 39 2.4.1 The Contractor will obtain all licenses and permits required to do the Work. Whenever necessary, the Contractor will have a Building Contractor's License with the Town by the time of Notice of Award. It will have all permits required by the Town, as well as those required by County, State and Federal agencies. Subcontractors shall also have a Town of Estes Park Building Contractor's License and the proper permits. 2.5 Schedules, Reports, and Records 2.5.1 No later than the pre-construction meeting, the Contractor shall submit to the Project Manager a Construction Progress Schedule, on a form approved by the Project Manager, showing all Work the Contractor and all Subcontractors will perform. The Project Manager may require the Contractor to substitute a Critical Path Method schedule (CPM), or bar graph type schedule. The Special Conditions will state when a CPM network schedule is required. 2.5.2 The schedule shall be in enough detail for the Project Manager to readily determine the Work to be performed each day. When requested by the Project Manager, the Contractor shall update the schedule. 2.5.3 Before beginning construction, the Contractor shall give the Project Manager the dates it expects to submit Shop Drawings, manufacturers' details, catalog cuts or other required special detail Drawings and also the dates of beginning manufacture, testing, delivery and installation of special equipment and materials. If at any time the Work is behind schedule, the Contractor shall immediately put into effect definite procedures for getting the Work back on schedule. The procedures shall be subject to review and modification by the Town. The Contractor shall not be allowed extra compensation for costs incurred because of accelerated operations required to maintain the schedule. 2.6 Contractor's Address 2.6.1 The address in the Bid Proposal is designated as the place to which all communications to the Contractor will be delivered or mailed. The delivery at the listed address, in person or by certified mail, of any notice, letter or other communication to the Contractor, is adequate service upon the Contractor, and the date of the service is the date of delivery. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 40 2.7 Notification of Utility Owners 2.7.1 The Contractor shall cooperate with Utility Owners to mitigate damage whenever the Contractor's work affects their utilities. 2.7.2 The Contractor shall not excavate without first notifying the owners, operators or association of owners and operators having underground facilities in the area of such excavation. Notice may be given in person, by telephone or in writing. Notice to an association is notice to each member of the association. If the Contractor is digging deep or even just a few inches, the Contractor must contact Colorado 811 to have underground utilities marked, by calling 811. iDig811 is designed for residential and professional excavators to easily and quickly submit a utility request online. 2.7.3 Contractor shall give notice of the commencement, extent, and duration of the excavation work at least two business days before beginning Work. 2.7.4 If the Project affects fences, landscaping, mailboxes, driveways and other privately-owned improvements, the Contractor shall notify the affected property owners or occupants in writing at least two business days before beginning Work. The Contractor shall submit to the Project Manager written approval from the property owner if use of the property for storage or staging is requested. The Contractor shall cooperate with the owners or occupants to reduce inconvenience where reasonably possible. 2.8 Department of Revenue Forms 2.8.1 Materials and equipment purchased solely for Town projects, that will become a permanent part of the final project, are tax exempt. The Contractor and all subcontractors shall use the Town’s Tax Exemption Numbers when purchasing materials or supplies in connection with the Project. 2.8.2 The Town's Tax Exemption Numbers are as follows: a. Federal Tax Exemption Number: 84-6000661 b. State of Colorado Tax Exemption Number: 98-00492 RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 41 Article 3 - DRAWINGS AND SPECIFICATIONS 3.1 Intent of Drawings and Specifications 3.1.1 In the Drawings and Specifications, the Town intends that the Contractor furnish all superintendence, labor, materials, tools, equipment, supplies, machinery and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the Work shown on the Drawings and described in the Specifications and all incidental Work reasonably necessary to complete the Project in a substantial and acceptable manner, and to complete fully the Work, ready for use, by the Town. 3.1.2 The Contractor shall complete all Work according to the Specifications and Plans, and in compliance with applicable laws of Colorado and ordinances of the Town. 3.1.3 In interpreting the Contract, words describing materials or work having a well-known technical or trade meaning, unless otherwise specifically defined, will be construed according to well-known meanings as recognized by engineers, architects, and the trades. 3.1.4 When the Contract refers to a provision of the General Conditions or another Contract Document, the Contract means the provision as amended or supplemented by other provisions of the Contract. 3.1.5 When the Specifications state the words "as directed," or "as required," or "as permitted," or words of like meaning, it is understood that the direction, requirement or permission of the Project Manager is intended. Similarly, the words approved, acceptable or satisfactory shall refer to approval by the Project Manager. 3.1.6 The Contract Documents are intended to be complementary, and Work called for on any Drawing and not mentioned in the Specifications, or Work described in the Specifications and not shown on any Drawing, is included under the Contract as if set forth in both the Specifications and Drawings. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 42 3.2 Copies of Drawings and Specifications Furnished 3.2.1 The Project Manager will furnish to the Contractor, free of charge, up to four copies of Drawings and Specifications of the Work. 3.3 Discrepancies in Drawings 3.3.1 Contractor shall immediately report any discrepancies found between the Drawings and Specifications and site conditions or any errors or omissions in the Drawings or Specifications to the Project Manager, who shall promptly correct such error or omission in writing. Any affected Work done by the Contractor after discovery of such discrepancies, errors or omissions and affected by those is done at the Contractor's risk. In all cases, the Project Manager shall decide the intent of the Drawings and Specifications. The decision is final. 3.4 Dimensions 3.4.1 Figured dimensions shall govern over scaled dimensions. 3.5 Drawings and Specifications at Job Site 3.5.1 The Contractor shall keep one complete set of all Drawings and Specifications at the job site, available to the Project Manager or the Manager's representative at all times. 3.6 Shop Drawings 3.6.1 The Contractor shall provide Shop Drawings, settings, schedules, and such other Drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Project Manager's instructions. 3.6.2 The Contractor shall submit for approval electronic copies of all Shop Drawings and descriptive data as applicable showing all features not fully detailed on the Contract Plans but essential for a completely coordinated installation. 3.6.3 The Town's approval of Shop Drawings indicates only that the type and kind of equipment, general method of construction or detailing are satisfactory, but the Contractor may not construe the approval as a complete check. The Contractor has the responsibility for incorporating into the RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 43 Work satisfactory materials and equipment meeting the requirements of the Contract Plans and Specifications, the proper dimensions, and the detailing of connections. 3.6.4 The review of Shop Drawings is only to check for compliance with the design concept of the Project and general compliance with the Contract Documents. Approval does not indicate the waiver of any contract requirement. Changes in the Work are authorized only by separate written Change Order. 3.7 Record Documents 3.7.1 The Contractor shall keep one record copy of all Addenda, Change Orders, Drawings, Field Orders, Modifications, and Shop Drawings and Specifications in good order. The Contractor shall record any changes made during construction on the record copies. The Contractor shall make a set of "Record Drawings" by marking this set of prints with all changes from the original Drawings as bid, including all Change Orders, alignment changes, depth changes of underground pipes and utilities, and all other items that are not the same as originally drawn. The Contractor shall keep the Record Drawings up to date as the Project progresses. The Project Manager may require, as a condition of the approval of the monthly progress payment, periodic inspection of the Record Drawings. The Contractor will deliver the Record Drawings to the Project Manager upon completion of the Project before Final Payment. 3.8 Differing Site Conditions 3.8.1 The Contractor shall promptly, before such conditions are further disturbed, notify the Project Manager in writing of: 3.8.1.1 Subsurface or latent physical conditions at the job site differing materially from those indicated in the Contract; or 3.8.1.2 Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 44 3.8.2 Upon receipt of written notification from the Contractor of alleged differing site conditions, the Project Manager shall promptly investigate the conditions and if it finds the conditions materially differ, and so cause an increase or decrease in the Contractor's cost of or the time required for performance of any part of the Work under the Contract, an equitable adjustment will be made and the Contract modified in writing as provided for in Article 11 of these General Conditions. 3.8.3 No claim will be allowed under this Article unless the Contractor has given the written notice required in Article 3.8.1. 3.8.4 No claim will be allowed under this Article if Final Payment has been made. 3.9 Surveys 3.9.1 The Project Manager has the option to develop and arrange for detail surveys through a separate contract if deemed desirable or necessary and if specifically noted as such in the Special Conditions, otherwise the Contractor shall provide all survey required to construct the Project according to the Project documents. The Contractor assumes full responsibility for construction according to the proposed lines and grades. 3.9.2 The Contractor shall carefully protect all monuments and property markers from disturbance or damage. Article 4 - USE OF LAND AND RIGHT-OF-WAY 4.1 Acquisition of Right-of-Way 4.1.1 Before issuance of Notice to Proceed, the Town shall obtain all land and right-of-way necessary for carrying out and completion of the Work to be performed pursuant to the Contract, unless otherwise mutually agreed. .1.2 The Town shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired, when necessary. The Contractor shall confine its operations within the areas designated by the Project Manager. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 45 4.2 Access to Right-of-Way 4.2.1 The Town will provide right of access to all places necessary for the performance of the Work. Nothing contained in the Contract shall give the Contractor exclusive occupancy of the area provided by the Town. The Town, other Contractors of the Town and utility companies may enter upon or occupy portions of the land furnished by the Town for any purpose, but without unreasonably interfering with the completion of the Project. Joint occupancy or use of the territory shall not be the basis of any claim for delay or damages. 4.2.2 The responsibility for protection and safekeeping of equipment and materials on or near the site is entirely that of the Contractor, and no claim shall be made against the Town by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access to the sites occupied by these stored materials and equipment, the Contractor shall immediately move the same. No materials or equipment may be placed upon the Town’s property until the Town has agreed to the location contemplated by the Contractor to be used for storage. 4.3 State Highway Right-of-Way 4.3.1 If any part of the Project is within the right-of-way of a roadway under the jurisdiction of the Colorado Division of Transportation (CDOT) the Town shall obtain the necessary permits from CDOT to perform such Work. The Contractor shall conform to all the requirements and restrictions indicated on the permit. The Contractor shall restore the area to its original condition, including reseeding if necessary, at the completion of the Project. 4.4 Temporary Storage Facilities 4.4.1 The Contractor may secure at its own expense and without liability to the Town, use of any additional land that the Contractor may desire for temporary construction activities, and facilities, or storage of materials. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 46 Article 5 - BONDS AND INSURANCE 5.1 Performance Bond and Labor and Material Payment Bond 5.1.1 The Contractor shall, within ten days after receipt of the Notice of Award, and before the commencement of any operations hereunder execute the Contract and furnish the Town with separate Performance, and Labor and Material Payment Bonds each in a penal sum equal to the amount of the Contract Price, conditioned upon the Contractor's performance of all undertakings, covenants, terms, conditions, and agreements of the Contract, and upon the Contractor's prompt payment to all persons supplying labor and materials in the prosecution of the Work provided by the Contract. The Contractor and a corporate Bonding company, licensed to transact such business in the State of Colorado and acceptable to the Town, shall execute the Bonds. The Contractor bears the expense of these Bonds. If at any time the Surety on such Bonds becomes irresponsible or loses its right to do business in the State of Colorado, the Town may require another Surety, which the Contractor shall furnish within ten days after receipt of written notice to do so. Evidence of authority of an attorney-in-fact acting for the corporate Surety shall be provided in the form of a certificate as to its power of attorney and to the effect that it is not terminated and remains in full force and effect on the date of the Bonds. The form of the Bonds is subject to the Town's approval. 5.2 Insurance 5.2.1 The insurance requirements contained in the Contract shall not limit or redefine the obligations of the Contractor as provided elsewhere in the Contract. 5.2.2 Only insurance companies with authority to issue policies in Colorado may provide insurance coverage under the Contract. 5.3 Insurance Requirements 5.3.1 The Contractor shall purchase and maintain, for the full period of the Contract, including any warranty period, at the Contractor's or Subcontractor's sole expense, insurance policies providing coverage as follows: RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 47 5.3.1.1 Comprehensive Auto Liability: Comprehensive form, including owned, hired and non- owned automobiles. The limits of coverage shall be at least $1,000,000.00 per occurrence. The policy shall contain a severability of interests provision. The policy shall include coverage for uninsured/underinsured motorists. 5.3.1.2 Comprehensive General Liability: Commercial general liability insurance covering personal injury, bodily injury and property damage; Explosion & Collapse; Underground Hazard; Products/Completed Operations; Contractual Liability; Broad Form Property Damage; and Town's & Contractor's Protective. The limits shall be at least $1,000,000/$1,000,000 if the Contract Price is $50,000 or less and $1,000,000/$2,000,000 if the Contract Price is over $50,000. All policies shall be of the occurrence form. Any deviation from the occurrence form shall be approved by the Town of Estes Park Risk Manager. A copy of each policy and endorsement must be submitted to the Risk Manager with each certificate of insurance when a deviation is requested. 5.3.1.3 Workers' Compensation and Employer's Liability: as statutorily required for persons performing work under the Contract. Any Subcontractor hired by the Contractor shall also carry Workers' Compensation and Employers' Liability coverage. Employer's liability insurance shall have a minimum coverage of $1,000,000 per occurrence. 5.3.1.4 Builder's Risk: a Builder's Risk Policy is required in an amount not less than the Contract Price. The Contractor shall cause its insurance provider to name the Town as an additional insured. 5.3.1.5 Installation Floater: an Installation Floater Policy is required for contracts involving the installation of unique or customized equipment and for contracts involving installations that in the judgment of the Town threaten to damage existing structures. The Contractor shall cause its insurance provider to name the Town as an additional insured. 5.3.2 Additional Insured Clause: The insurance coverage required for the performance of the Contract must be endorsed to name the Town of Estes Park, Colorado, a municipal corporation, its mayor and trustees, officers, agents, employees and volunteers, as additional insured with respect to the activities performed under the Contract. 5.3.3 Primary Insurance Endorsement: Pursuant to an endorsement submitted to and approved by the Town, all coverage must specifically state the insurance coverage for the Project. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 48 In no event shall an additional endorsement in the form of GL20.09 (1973-01 ed.) or any similar form be submitted or accepted. 5.3.4 Certificate of Insurance: As evidence of the insurance coverage required by the Contract, the Contractor shall furnish a certificate of insurance to the Project Manager. The certificate will specify parties who are additional insured. If the Contractor is self-insured under the laws of the State of Colorado, Contractor shall provide appropriate declarations of coverage. 5.3.5 Continuance of Insurance: For the term of the Contract, which includes any warranty periods, the Contractor shall not cancel, materially change or fail to renew the insurance coverage, and agrees to notify the Contract Coordinator of any material reduction or exhaustion of aggregate policy limits. If the Contractor fails to purchase or maintain the insurance coverage set forth in these General Conditions, the Town may deem such failure to be breach of this Contract. 5.3.6 Policy Details: Insurance required shall be with companies qualified to do business in the State of Colorado with a general policyholder’s financial rating of not less than A+3A as set forth in the most current edition of “Best’s Insurance Reports” and may provide for deductible amounts as the Contractor may deem to be reasonable for the Project, but in no event greater than Twenty Thousand Dollars ($20,000). No such policies shall be cancelable or subject to reduction in coverage limits or other modification. The Contractor shall not do or permit to be done anything that shall invalidate the insurance policies referred to in this paragraph. Article 6 – INDEMNIFICATION 6.1 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 RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 49 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 it and the Town are adequately protected by commercial general liability and property damage insurance. 6.1.1 The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility for Damage Claims" agreement and if the insurer of the Contractor fails to provide or pay for the defense of the Town of Estes Park, its officers and employees, as additional insured, the Contractor agrees to pay for the cost of that defense. 6.1.2 Nothing in the INSURANCE PROVISIONS 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. Article 7 - CONTRACTOR'S RESPONSIBILITIES 7.1 Control of the Work 7.1.1 When the Contractor is not present on the Project it shall have a Superintendent or other representative acceptable to the Town present who shall, during the absence of the Contractor, be its representative and have immediate charge of the Project. The Superintendent or representative shall have the Contractor's authority to act in its absence. The Superintendent shall ensure expeditious and competent handling of the work. A superintendent experienced in construction of the type specified and who is a permanent member of the Contractor’s organization shall be a resident at the Project throughout the construction. The superintendent shall be fully authorized to act for the Contractor and to receive whatever orders or notices may be given for the proper prosecution of the work. The Contractor’s field organization shall include an experienced staff of qualified technical personnel to handle on-site engineering, planning, and direction of all fieldwork. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 50 7.1.2 Any person employed on the Project who fails, refuses or neglects to obey the Superintendent or Contractor's other designated representative, shall, upon the order of the Project Manager, be at once removed from the Project and not again employed on any part of the Project. 7.2 General Use of Subcontractors 7.2.1 The Contractor may utilize the services of specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors. 7.2.2 The Contractor shall not sublet or subcontract any portion of the Work to be done under the Contract until approval of such action has been obtained from the Town. 7.2.3 The Contractor is fully responsible to the Town for the acts and omissions of its Subcontractors, and of persons either directly or indirectly employed by them. 7.2.4 Nothing contained in the Contract creates any contractual relationship between any Subcontractor and the Town. 7.2.5 The Contractor shall put appropriate provisions in all Subcontracts relative to the Work to bind Subcontractors to the terms of the Contract insofar as applicable to the Work of Subcontractors, and to give the Contractor the same power to terminate any Subcontractor that the Town may exercise over the Contractor. 7.2.6 The Contractor shall make available to each proposed Subcontractor, before the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-Subcontractors. 7.3 Materials and Equipment Furnished by the Contractor 7.3.1 The Contractor shall furnish and pay the cost of all of the necessary materials not furnished by the Town, all the superintendence, labor, tools, equipment, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery and transportation. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 51 The Contractor shall perform all the work required for the construction of all structures listed and itemized under the Bid Schedule of the Bid in strict accordance with the plans, Specifications and requirements and any amendments thereto and supplemental plans and Specifications hereafter approved. 7.3.2 Unless otherwise provided for in the Specifications, all workmanship, equipment, materials, and articles incorporated in the Project are to be the best of their respective kinds, new and undamaged. 7.3.3 Materials, supplies or equipment to be incorporated into the Project shall not be purchased by the Contractor or any Subcontractor subject to chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by the seller. 7.3.4 The Contractor shall furnish the Project Manager, for the Manager's approval, the name of the manufacturer of machinery and other equipment for materials the Contractor contemplates incorporating in the Project. The Contractor shall also furnish information on capacities, efficiencies, sizes, etc., and other information as may be required by the Project Manager. The Contractor shall submit samples for approval when requested. Machinery, equipment, materials, and articles installed or used without the Project Manager's approval are at the risk of subsequent rejection. 7.3.5 The Contractor shall give the Project Manager an electronic copy of all shop manuals, operating manuals, parts lists, classifications, catalog cuts, Specifications, warranties and guarantees for all equipment and machinery installed. 7.3.6 Consideration of a product as an "equal" by the Project Manager may require that the manufacturer of such product furnish guarantees that extend beyond the usual product warranty time. The refusal of a manufacturer to provide such guarantees is sufficient reason for rejecting the product. 7.4 Patents and Copyrights 7.4.1 The Contractor shall provide a suitable legal agreement with the patentee giving the Contractor the right to use any design, device, material, or process covered by letters patent or RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 52 copyright, in the construction of the Project when the use has not been specified or required by the Drawings and Specifications. The Contractor shall file a copy of this agreement with the Town, if requested. The Contractor and the Surety shall indemnify, defend and save harmless the Town from all claims for infringements on patented design, devices, material, process or any trademark or copyright during the prosecution or after the completion of the Project. 7.4.2 If any design, device, material, process or product of a particular manufacturer covered by letters patent or copyright is specified for use by the Drawings and Specifications, the Town is responsible for any claims for infringement by reason of the use of such design, device, material, process or product of a particular manufacturer; but the Contractor shall pay any royalties or license fees required. 7.5 Existing Utilities 7.5.1 The Town has collected and shown on the Drawings available information on the location of existing underground, surface and overhead structures and utilities. However, the Town does not guarantee the results of the investigations are accurate or complete. It is the Contractor's responsibility to verify all locations of existing structures and utilities shown on the Drawings and to ascertain whether any other structures and utilities exist. 7.5.2 The Contractor shall support, and protect from injury, existing power lines, telephone lines, water mains, gas mains, sewers, cables, conduits, ditches, curbs, walks, pavements, driveways, and other structures in the vicinity of the Project which are not authorized to be removed until completion of the Project. The Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by the construction work performed by the Contractor. 7.6 Coordination with Town Departments 7.6.1 The Contractor shall always coordinate its Work with the Town of Estes Park Public Works and Utilities Departments. If it becomes necessary to close portions of any water system due to construction operations, a minimum of 48 hours notification shall be given the Utilities Department and whenever possible one week's notice should be given. It is the Contractor's responsibility to ensure continuity of the utilities. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 53 7.6.2 If Town owned electrical utilities are involved, the Contractor shall coordinate its Work with the Town of Estes Park Utilities Department. Contractors should make every effort to give the Utilities Department one week's notice of upcoming construction involving the electric services; a minimum of 48 hours notification shall be given to the Utilities Department. 7.6.3 All electrical power and water from Town owned utilities required for the Project will be provided at the Contractor's expense. 7.6.4 The Contractor shall cooperate with all other contractors who may be performing work on behalf of the Town and workers who may be employed by the Town in the vicinity of the work under the Contract and shall conduct operations to minimize interference with the work of such contractors or workers. The Contractor shall promptly make good, at the Contractor’s own expense, any injury or damage that may be sustained by other contractors or employees of the Town at the Contractor’s hands. Any difference or conflict that may arise between the Contractor and other contractors shall be resolved as determined by the Town. If the work of the Contractor is delayed because of any acts or omissions of any other contractor, the Contractor shall have no claim against the Town on that account other than an extension of time. If any part of the Contractor’s work is dependent upon the quality and completeness of work performed under another contract, the Contractor shall inspect the other contractor’s work and promptly report defects therein which render such work unsuitable for the proper execution of the work under this Contract. Failure to report such defects to the Town shall constitute the Contractor’s acceptance of such work as suitable to receive the Contractor’s work; provided, however, that the Contractor shall not be responsible for defects which develop after such inspection and which could not have been reasonably detected or foreseen. 7.7 Laws and Ordinances 7.7.1 The Contractor shall perform all obligations under the Contract in strict compliance with all federal, state, and municipal laws, rules, statues, charter provisions, ordinances, and regulations, applicable to the performance of the Contractor under the Contract. 7.7.2 The Contractor shall obtain all other permits and licenses required in the prosecution of the Work. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 54 7.7.3 It is unlawful and unethical for any person to offer, give or agree to give any Town employee, Town official or former Town employee, or for any Town employee, Town official or former Town employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. 7.7.4 It is unlawful and unethical for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor of any person associated therewith, as an inducement for the award of a subcontract or order. 7.7.5 The Contractor shall indemnify, hold harmless, and assume liability on behalf of the Town and its officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the Town in relation to the Contractor’s noncompliance with the accessibility standards for an individual with a disability adopted by the Colorado Office of Information Technology pursuant to section 24-85-103, C.R.S. 7.8 Protection of Persons 7.8.1 It is a condition of the Contract, and the Contractor shall make a condition of each Subcontract entered into pursuant to the Contract, that the Contractor and any Subcontractor shall not require any laborer, mechanic or other person employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. The Contractor shall comply with all applicable safety rules and regulations adopted by the United States Department of Labor Occupational Safety and Health Administration (OSHA), the Industrial Commission of the State of Colorado or the Town of Estes Park, whichever is most restrictive. The Town assumes no duty to ensure that the Contractor follows the safety regulations issued by OSHA or the State of Colorado. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 55 7.8.2 For operations involving trenching, excavation or any other underground construction, the Contractor's attention is specially directed to and its Work shall conform to the Construction Safety and Health Regulations, Part P Subparagraph 1926.650-653 by OSHA, latest revision. 7.8.3 The Contractor shall always, whether or not so specifically directed by the Project Manager, take necessary precautions to ensure the protection of the public. The Contractor shall furnish, erect, and maintain at its own expense all necessary precautions for the protection of the Work and safety of the public through and around its construction operations. 7.9 Protection of Property 7.9.1 The Contractor shall continuously and adequately protect the Work from damage, injury or loss arising in connection with the Contract. It shall repair or replace at its expense any such damage, injury or loss, except such as may be directly due to error in the Contract or caused by agents or employees of the Town. It shall provide and maintain at its expense all passageways, barricades, guard fences, lights, and other protection facilities required by public authority or local conditions. 7.9.2 The Contractor is responsible for protection of all public and private property on and adjacent to the site of the Work. It shall use every precaution necessary to prevent damage to curbs, sidewalks, driveways, trees, shrubs, sod, mailboxes, fences, and other private and public improvements. It shall protect carefully from disturbance or damage all land monuments and property markers until an authorized agent has witnessed or otherwise referenced their locations, and shall not remove them until directed. 7.9.3 The Contractor shall carefully preserve all monuments, benchmarks, property pins, reference points, and stakes. The Contractor shall be charged with the expense of replacement of any such items destroyed and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or benchmarks which must be removed or disturbed shall be protected until they can be properly referenced for relocation. The Contractor shall furnish materials and assistance for the proper replacement of such monuments or benchmarks, but actual replacement shall be done by a licensed surveyor. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 56 7.9.4 Whenever, in the opinion of the Town, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be constructed under the Contract or of adjacent structures or property, and whenever, in the opinion of the Town, an emergency has arisen and immediate action is considered necessary, then the Town, with or without notice to the Contractor, may provide suitable protection by causing work to be done and material to be furnished and placed. The cost of such work and material shall be borne by the Contractor and, if the same is not paid on presentation of the bills therefore, such costs may be deducted from any amounts due or to become due the Contractor. The performance of such emergency work shall not relieve the Contractor of responsibility for any damage that may occur. 7.10 Protection of Historical Sites 7.10.1 When the Contractor's excavating operations encounter remains of prehistoric people's dwelling sites or artifacts of historical or archeological significance, the Contractor shall temporarily discontinue the operations, and immediately advise the Project Manager. The Project Manager will contact archeological authorities to determine the disposition of the items in question. When directed, the Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and remove them for delivery to the custody of the proper authorities. Such excavation is considered, and paid for, as extra Work. 7.11 Responsibility to Repair 7.11.1 Should any existing property be damaged, the Contractor shall immediately notify the Owner of such property. Unless authorized in writing by the owner of the property or directed by the Project Manager, the Contractor shall not attempt to make repairs. Written authorization from the owner to make repairs must be so worded as to save the Town harmless from any responsibility whatsoever relative to the sufficiency of the repairs, and to make the Town a beneficiary of that provision. The Contractor shall give the Project Manager a copy of the written authorization to make repairs. 7.11.2 When any direct or indirect damage or injury is done to any public or private property or utility by or on account of any act, omission, neglect or misconduct in the execution of the Work, RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 57 the Contractor shall restore the damaged property at its own expense to a condition equal to or better than that existing before such damage or injury. 7.11.3 The Contractor shall replace any materials and equipment lost, stolen, damaged or otherwise rendered useless during the performance of Work on the Project. 7.12 Traffic Control 7.12.1 The Contractor shall arrange Work to disrupt traffic as little as possible. All traffic Control Devices used shall conform to the latest edition of the Manual of Uniform Traffic Control Devices, (MUTCD). Except as otherwise permitted, two-way traffic shall be maintained at all times in public roadways. At least 72 hours before starting any Work in Town right-of-way, the Contractor shall submit a detailed traffic control plan for review from the Public Works Department. The approval shall establish the requirements for closures related to the number of lanes and time of day lanes or streets may be closed. The Traffic Control Plan (TC Plan) shall include the name of the contractor, the name and phone number of the person responsible for the traffic control, the date for beginning and ending construction activity and hours of operation expected. The TC Plan should show the widths of streets involved, traffic lanes, the size and location of the Work area with distances from the curb, distance to the nearest intersection and the type and location of traffic control devices. No changes to the TC Plan shall be permitted without prior approval by the Public Works Department. 7.12.2 The Contractor shall furnish and maintain all necessary signs, barricades, lights, and flaggers necessary to control traffic and provide for safety of the public, all in compliance with the MUTCD with subsequent revisions and additions, and to the satisfaction of the Public Works Department. 7.12.3 Whenever a police officer is necessary for traffic control, the Contractor shall hire and pay a uniformed off-duty police officer with authority in the Town to direct traffic. The police department will determine the rate of pay for the officers. 7.12.4 The Contractor shall make its Traffic Control plans in concurrence with the Traffic Control requirements specifically stated in the Special Conditions. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 58 7.13 Sanitary Regulations 7.13.1 The Contractor is responsible for providing proper health and sanitation facilities for its employees, in compliance with any rules and regulations of the State Board of Health or any other bodies having jurisdiction. 7.13.2 The Contractor shall always provide an abundant supply of safe drinking water for its employees and shall give orders against the drinking of any water known to be unsafe in the vicinity of the Project. 7.13.3 At convenient places, the Contractor shall provide fly-proof outside toilets which are to be maintained in a sanitary condition. Toilets shall not be permitted in any reservoir area and shall not be permitted where they may pollute a water supply. 7.14 Pollution Control 7.14.1 The Contractor shall comply with all applicable Federal and State laws, orders, and regulations concerning the control, prevention, and abatement of water pollution, air pollution, and noise pollution in all operations pertaining to the Contract whether on right-of-way provided by the Town or elsewhere. 7.14.2 The Contractor shall use construction methods that prevent release, entrance or accidental spillage of solid matter, contaminants, debris, and other objectionable pollutants and wastes including, but not restricted to refuse, garbage, cement, concrete, sewage effluent, industrial waste, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution. Non-regulated solid wastes shall be disposed of by methods approved under applicable laws and regulations, including, the Resource Conservation and Recovery Act (RCRA), Subtitle D, as administered by Colorado and local Health Departments and the EPA. Contaminated and hazardous materials are regulated by RCRA, Subtitles C and D. The Contractor shall notify the Colorado Department of Public Health and Environment, Larimer County Public Health, and the Estes Valley Fire Protection District if suspect materials are encountered. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 59 7.14.3 The Contractor shall utilize methods and devices that are reasonably available to control, prevent, and otherwise minimize atmospheric emissions or discharges of air contaminants including dust in its construction activities and operation of equipment. 7.14.4 The Contractor shall not emit dust into the atmosphere during any operations, including but not limited to: grading; excavating; manufacturing, handling or storing of aggregates; trenching; or cement or pozzolans. The Contractor shall use the necessary methods and equipment to collect, deposit, and prevent dust from its operations from damaging crops, orchards, fields or dwellings or causing a nuisance to persons. The Contractor is liable for any damage resulting from dust. 7.14.5 The Contractor may not operate equipment and vehicles with excessive emission of exhaust gases due to improper mechanical adjustments, or other inefficient operating conditions, until repairs or adjustments are made. 7.14.6 Burning trash, rubbish, trees, brush or other combustible construction materials is permitted only when the Contractor has any necessary burning permit from any authority having jurisdiction. Burning shall be conducted in strict conformance with the permit. 7.14.7 De-watering for structure foundations or earthwork operations adjacent to or encroaching on lakes, streams or water courses shall be done in a manner which prevents muddy water and eroded materials from entering the lakes, streams or water courses, by construction of intercepting ditches, bypass channels, barriers, settling ponds or by other approved means. Excavated materials may not be deposited or stored in or alongside lakes or water courses where they can be washed away by high water or storm runoff. 7.14.8 The Contractor may not allow waste water from aggregate processing, concrete batching or other construction operations to enter lakes, streams, water courses or other surface waters without turbidity control methods such as settling ponds, gravel-filter entrapment dikes, approved flocculation processes that are not harmful to fish, recirculation systems for washing of aggregates or other approved methods. Any waste waters discharged into surface waters shall conform to applicable discharge standards of the Colorado Department of Public Health and Environment and the Federal Government. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 60 7.15 Stormwater Quality 7.15.1 The Contractor shall be responsible for the preservation and protection of storm water collection systems and other natural and developed drainage ways, which may be affected by Work done under the Contract. Any construction activity may be required to obtain a Stormwater Discharge Permit Associated with Construction Activity from the Colorado Department of Public Health and Environment (CDPHE). The Colorado Department of Public Health and Environment, Water Quality Control Division, can be reached at 303-692-3500 http://www.cdphe.state.co.us/wq/PermitsUnit/wqcdpmt.html ). Unless otherwise indicated, the Contractor is responsible for obtaining this permit from the Colorado Department of Public Health and the Environment. 7.15.2 The Contractor shall satisfy all environmental quality standards imposed by law and take reasonable steps to minimize the environmental impact of the work. In compliance with applicable Town, state and federal law: 1. The Contractor shall not pollute the water of any pond, lake, stream, ditch, or other watercourse. 2. The Contractor will implement erosion control practices and stormwater best management practices. 3. The Contractor will comply with all appropriate groundwater discharge permits associated with this project. 7.15.3 All permit requirements must be met throughout the warranty period and until Final Stabilization is reached. 7.15.4 For purposes of this Contract, the Project Manager is authorized to enforce the Estes Park Municipal Code. Any direct costs, including assessed fines, will be charged to the Contractor and appropriate deduction will be made from the Contractor’s monthly payments. 7.15.5 This work consists of constructing, installing, maintaining, and removing when required, erosion control measures during the life of the Contract or length of any permit, whichever is open longer, to prevent or minimize erosion, sedimentation, and pollution of any state waters including wetlands as defined in the Colorado Department of Transportation Standard Specifications Section RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 61 208 or 107.25, or Urban Drainage and Flood Control District (UDFCD) Volume 3 Urban Storm Drainage Criteria Manual, or Town design standards. 7.15.6 The Contractor shall coordinate the construction of temporary erosion control measures with the construction of permanent erosion control measures to assure economical, effective and continuous erosion control throughout the construction and warranty period. 7.15.7 The materials for erosion control measures shall conform to Section 208 of the Colorado Department of Transportation Standard Specifications or Urban Drainage and Flood Control District (UDFCD) Volume 3 Urban Storm Drainage Criteria Manual. 7.15.8 The Contractor is responsible for complying with the requirements of any Town development permit or approval and the Stormwater Discharges Permit associated with Construction Activity Permit from CDPHE until the permits have been formally inactivated. Contract requirements include: a. Develop a Stormwater Management Plan (SWMP) and submit to the Town for review and approval. b. After Town approval of the SWMP, submit a permit application to CDPHE at least 10 days prior to the start of construction activities. c. Submit proof of issuance of a Town development permit or approval and proof of issuance of a Stormwater Discharge Permit Associated with Construction Activity to the Project Manager. During Construction: a. Keep a current copy of the SWMP on site at all times. b. Document any plan changes on the approved SWMP. c. Install Best Management Practices (BMPs) according to specifications outlined in the SWMP. d. Perform visual inspection daily. e. Perform written inspections of stormwater and erosion controls every 14 days and following each significant storm event. f. Maintain inspection records and maintenance records on-site with the SWMP at all times. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 62 g. Provide SWMP and inspection records to Town Inspector upon request. h. Maintain and modify BMPs to reflect current conditions of the job site until Final Stabilization is achieved. i. In accordance with project schedule, implement phasing of grading and temporary vegetation cover to properly manage site runoff during periods of construction inactivity. Post-Construction j. Project Manager or Designee will determine when final stabilization is reached. Final Stabilization, as defined by the State of Colorado, is reached when all soil disturbing activities at the site have been completed and a uniform vegetative cover has been established with a density of at least 70 percent or pre-disturbance levels or equivalent, permanent, physical erosion reduction methods have been employed. k. Remove all temporary BMPs. l. Inactivate Town development permit and the Stormwater Discharge Permit Associated with Construction Activity through Inactivation Notice or Notice of Transfer or Reassignment as determined by the Project Manager. 7.15.9 For more specific information about SWMP requirements, refer to state standards and specifications. 7.15.10 Construction sites that discharge un-permitted stormwater are in violation of the Clean Water Act, and may be subject to fines of up to $25,000 a day per violation and subject to additional civil penalties. 7.15.11 When included in the Special Conditions, the Contractor shall assign to the project an employee, or other person approved by the Project Manager to serve in the capacity of the Erosion Control Supervisor (ECS). The ECS shall be a person other than the Contractor’s superintendent, unless otherwise approved by the Project Manager. The ECS shall be experienced in all aspects of construction and have satisfactorily completed an ECS training program authorized by the Town. Certified Erosion Control Training is required for contractors responsible for installing and maintaining the BMPs. Call (303) 441-1439 to inquire about the next training opportunity. Proof that this requirement has been met shall be submitted to the Project Manager prior to start of any earth disturbance work. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 63 7.15.12 The ECS’s responsibilities shall be as follows: a. Ensure compliance with all water quality permits in effect during the construction work. b. Directly supervise the installation, construction, and maintenance of all erosion control measures specified in the Contract and coordinate the construction of erosion control measures with all other construction operations. c. Direct the implementation of suitable temporary erosion and sediment control features as necessary to correct unforeseen conditions or emergency situations. Direct the dismantling of those features when their purpose has been fulfilled unless the Project Manager directs that the features be left in place. d. Inspect all erosion control features implemented for the project. The written inspections shall take place at least once every 14 days and after each storm event that causes surface runoff and be available for review upon request. The appropriate form for this report will be supplied by the Project Manager. The inspections shall be made during the progress of the work, during work suspensions, and until final stabilization acceptance of the work. During project suspensions, inspections shall take place at least once every 14 days, or as directed. e. Attend all project scheduling meetings as required by Project Manager. f. Upon the Project Manager or Inspector’s request, implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. The criteria by which the Project Manager or Inspector initiates this action may be based on water quality data derived from monitoring operations or by any anticipated conditions (e.g., predicted storms) which the Project Manager or Inspector believes could lead to unsuitable water quality situations. 7.15.13 All erosion control shall be performed in accordance with Sections 208 of the Colorado Department of Transportation’s Standard Specifications or Construction Best Management Practices of UDFCD Volume 3 Urban Storm Drainage Criteria Manual. 7.15.14 Unless listed in the Bid Document, all erosion control features, including the Erosion Control Supervisor will not be measured, but will be paid for on a lump sum basis. The lump sum price bid will be full compensation for all work required to complete the item. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 64 7.15.15 Work to furnish, install, maintain, remove and dispose of erosion and sediment control features specified in the Bid document will be paid for at the contract unit price. 7.16 Cleaning Up and Restoration 7.16.1 The Contractor shall clean up all refuse or scrap materials so the site presents a neat, orderly, and workmanlike appearance at all times. 7.16.2 Upon completion of the Project, and before Final Inspection, the Contractor shall remove from the construction site and any occupied adjoining property all plants, buildings, refuse, unused materials, forming lumber, sanitary facilities, and any other materials and equipment that belong to the Contractor or its Subcontractors. 7.16.3 The Town may clean up and restore the construction site satisfactorily when the Contractor fails to do so. Any costs the Town incurs will be deducted from the Final Payment due the Contractor. Article 8 - OTHER WORK 8.1 The Town reserves the right to award other Contracts in connection with the Project. The Contractor shall cooperate with and afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall coordinate its Work with theirs. Article 9 - TOWN'S RESPONSIBILITIES 9.1 The Town will furnish the data required by the Contract and will make payments to the Contractor as provided by these General Conditions. Article 10 - PROJECT MANAGER'S RESPONSIBILITIES 10.1 The Project Manager (Project Manager is a defined term meaning the Town’s authorized representative) shall maintain Owner's authority over the Contractor relating to field direction and project administration, but does not assume liability for the Contractor's work, nor control scheduling whenever such performance is located in or upon the Town's property. The Project Manager will furnish or coordinate all explanations from consultants, field directions, horizontal RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 65 and vertical control and inspections necessary to assure compliance with the Project documents, except as otherwise stated in the Project documents. 10.2 Lines and Grades 10.2.1 The Contractor shall survey and stake as specified in the Special Conditions. 10.2.2 If the Special Conditions indicate the Project Manager is responsible for appointment and payment of a surveyor for construction staking. The Contractor shall give assistance, as required by the Surveyor, to aid in the staking, including clearing, improving access, exploratory excavations, and suspending operations to permit the surveyor to perform its work. 10.2.3 If the Project Manager appoints a Surveyor, the Contractor shall give notice to the Surveyor at least five working days before initial lines and grades are needed. Thereafter, the Contractor shall give the Surveyor notice at least three working days before additional line and grade stakes are needed. The Project Manager is not responsible for providing lines and grades until the Contractor meets the notice requirements of this Article. 10.2.4 If the Project Manager appoints a surveyor, the Contractor shall preserve all stakes, benchmarks, and any other survey points. If the Contractor damages them, the Contractor shall pay for their replacement. Contractor shall preserve, reset or reestablish all bench marks, monuments and other established control points as the Project warrants. 10.3 Inspection 10.3.1 The Project Manager shall appoint Inspectors to inspect the Project. Inspection may extend to all or any part of the Project. The Inspectors are not authorized to alter the provisions of the Drawings or Specifications or to delay the fulfillment of the Contract by failure to inspect materials and Work with reasonable promptness. 10.3.2 An Inspector has authority to reject defective materials and to suspend any Work that is being done improperly subject to the final decision of the Project Manager. 10.3.3 The Contractor shall give the Project Manager due and timely notice of readiness when the Project is to be inspected, tested or approved by someone other than the Inspector. The Contractor RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 66 shall give the Project Manager required certificates of inspection, testing or approval. Inspection, tests or approvals by the Project Manager or others does not relieve the Contractor from its obligations to perform the Work according to the requirements of the Contract. 10.3.4 If the Project Manager considers it necessary or advisable that previously completed or covered Work be inspected or tested, the Contractor shall uncover, expose or otherwise make the Work available to the Project Manager for inspection and testing. The Contractor shall furnish all tools, labor, material, and equipment necessary to make the Work available. If the Project Manager finds the Work defective, the Contractor shall pay for the cost of satisfactory reconstruction and making the Work available. However, if the Work is not found defective, the Contractor will be allowed an increase in the Contract Price and/or an extension of the Contract Time for costs and time directly attributable to making the Work available and for reconstruction. 10.3.5 If the Contractor's operations require inspecting, testing or surveying to be done outside normal working hours or on Town holidays, it shall be at the Contractor's expense. 10.4 Stop Work Order 10.4.1 The Project Manager has the authority to suspend Work on the Project either in whole or in part, for as long as the Project Manager deems necessary due to: a. Unsuitable weather; b. Faulty workmanship; c. Improper superintendence; d. Contractor's failure to carry out orders or to perform any provision of the Contract; e. Conditions which may be considered unfavorable for the prosecution of Work on the Project; or f. Work being carried on in an unsafe manner. 10.4.2 If it is necessary to stop work for an indefinite period, the Contractor shall, if directed by the Project Manager, store all materials in such a manner that they will not become an obstruction or become damaged in any way. The Contractor shall take every precaution to prevent damage to or deterioration of the Work, providing suitable drainage and erecting temporary structures where necessary. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 67 10.4.3 The Project Manager will put the Stop Work order in writing and the Contractor may not proceed with Work on the suspended portion of the Project until notified in writing by the Project Manager. 10.5 Disputes 10.5.1 If the Contractor considers any Work directed by the Town to be outside the Contract requirements, or if it considers any ruling of the Project Manager to be unfair, it shall immediately ask for a written instruction or decision and shall perform the Work in conformance with the Project Manager's ruling. If the Contractor considers such instructions unsatisfactory, it shall file a written protest with the Project Manager within ten days after their receipt. 10.5.2 All claims, disputes and other matters in question arising out of or relating to the Contract shall be submitted to the Project Manager before the Contractor can begin litigation. 10.5.3 The parties agree that any litigation by Contractor against the Town concerning this Contract shall be filed not more than 2 years after the date of the Notice of Construction Acceptance. The parties agree that any litigation filed by Town against Contractor concerning this Contract shall be filed not more than 2 years after the date of the Notice of Final Acceptance. Article 11 - CHANGES 11.1 General 11.1.1 The Town may make alterations to the Project without the consent of the Surety at any time during the Work. The Contractor shall perform the Work as changed, as if originally specified. The alterations do not invalidate the Contract in any way. 11.1.2 The Project Manager may, at any time, without notice to the Surety, by written notice to the Contractor, make any change in the Work to be performed within the general scope of the Contract, including but not limited to changes: a. In the Specifications (including Drawings and designs); b. In the method or manner of the performance of the Work; c. In facilities, equipment, materials, services or site furnished by the Town; or d. Directing acceleration in the performance of the Work. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 68 11.1.3 Any written order (which terms as used in this Article shall include direction, instruction, interpretation or determination) from the Project Manager, which may warrant a time extension or increased or decreased costs) will be treated as a Change Order under this Article provided that the Contractor gives the Project Manager written notice within seven (7) calendar days of that condition, stating the date, circumstances, and source of the order and that the Contractor regards the order as a Change Order. However, the Town will not authorize a change in the Contract Price for work done before approving a Change Order authorizing the additional work. If the Town and the Contractor do not agree to the terms of a Change Order, including the amount of additional compensation, the Contractor shall proceed with the work under the terms of the Contract and shall maintain accurate records of the costs as described in the General Conditions, Article 11. 11.1.4 The Contractor may not treat any order, statement or conduct of the Project Manager as a change under this Article nor become entitled to an equitable adjustment in the Contract Price or Performance Time, except as provided in this Article. 11.1.5 If any change under this clause causes an increase or decrease in the Contractor's cost or the time required for the performance of any part of the Work under the Contract, whether or not changed by any order, an equitable adjustment will be made and the Contract modified in writing accordingly. If no agreement is reached regarding the equitable value of additional work, it shall be determined as cost plus fifteen percent (15%) for overhead and profit. The amount of credit to be allowed by the Contractor to the Town for any such change that results in a net decrease in cost will be the amount of the actual net decrease as determined by the Town. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. In no case will the price adjustment change the original Contract Price to an amount not appropriated by the Town Board and approved by the appropriate Town representative per its purchasing policies. 11.1.6 Claims for changes in the Contract Price or Contract Time of Performance will not be considered after the Final Payment has been made. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 69 11.2 Compliance with §24-91-103.6 11.2.1 Notwithstanding any other language in this contract, the issuance of any Change Order or other form of order or directive by the Town requiring additional compensable work to be performed which will cause the Contract Price to exceed the amount appropriated for the Work is prohibited unless the Contractor is given written assurance by the Town that lawful appropriations to cover the costs of the additional work have been made or unless the Contract contains a remedy granting provision. 11.3 Field Orders 11.3.1 The Project Manager may make changes in the details of the Project at any time, by issuing a Field Order. The Contractor shall proceed with the performance of any changes in the Project ordered by the Project Manager. If the Contractor believes that such Field Order entitles it to a change in Contract Price or Time, or both, it shall give the Project Manager written notice within ten (10) days after the receipt of the Field Order. Thereafter, the Contractor shall document the basis for the change in Contract Price or Time within thirty days. 11.4 Change Orders 11.4.1 Changes in the Contract Price are authorized only by Change Orders. Changes in contract time may be made by a Change Order or by other appropriate written authorization. Any requests for extension of time due to conditions outside of the Contractor's control shall be made in writing within seven (7) calendar days of that condition. 11.4.2 Any difference in cost from Change Orders shall be added to or deducted from the amount of the Contract, as the case may be. Adjustments in the amounts to be paid to the Contractor on account of changed Work will be determined by one of the following methods in the order listed: a. Unit Prices submitted in the Bid Schedule; b. Negotiated Unit Prices; and c. Negotiated lump sum. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 70 11.5 Extras and Force Account Work 11.5.1 The Contractor shall perform any Work and furnish materials and equipment necessary or desirable for proper completion of the Contract if the Project Manager believes it necessary to order Work or materials or equipment which, in the Project Manager's opinion, are not susceptible to classification under the Unit Price items named in the Bid Schedule, and are not included in any lump sum bid item. The Project Manager will order such labor, material and equipment in writing before the extra Work is started. The labor, material and equipment will be classed as extra Work. The Town will not pay for extra Work unless the Town orders in extra work in writing. All claims for extra Work shall be submitted to the Project Manager, supplemented by any data the Project Manager requires. 11.5.2 Extra Work and Work involving a combination of increases and decreases in the Work will ordinarily be paid for at a lump sum or Unit Price agreed upon in writing by the Project Manager and Contractor before the extra Work Order is issued. In the negotiation of lump sum or Unit Prices, the agreed estimated cost of the Work plus an allowance for overhead and profit, not to exceed the allowances stated in Section 11.5.3, shall be used. 11.5.3 The allowance for overhead and profit will include full compensation for superintendence, bonds and insurance premiums, taxes (other than sales or use taxes included in the cost of materials), office expense, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided under Sections 11.5.4, 11.5.5 and 11.5.6. The allowance for overhead and profit will be according to the following schedule: ACTUAL NECESSARY COST ALLOWANCE: Labor 20 percent Materials 15 percent Equipment 10 percent RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 71 The Actual Necessary Cost for labor, materials, or equipment will be computed according to Sections 11.5.4, 11.5.5 and 11.5.6. Superintendence, bond and insurance premiums, taxes (other than sales or use taxes inclusive in the cost of materials), and other general expense will not be included in the computation of actual necessary cost. When all or any part of the extra Work is performed by a Subcontractor or specialty firm, the prime Contractor may add five percent of the Subcontractor's total cost for the extra Work. The Contractor shall give the Project Manager daily report sheets covering the direct cost of labor and materials and charges for equipment. The daily report sheets shall provide names or identifications and classifications of workers and hours worked, as well as size, type and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendors' invoices. The Project Manager will make any necessary adjustments and compile the costs of cost-plus Work. When these reports are agreed upon and signed by both parties, they become the basis of payment for the Work performed. 11.5.4 Labor: The cost of labor used in performing the Work by the Contractor, a Subcontractor, or other forces will be the sum of the actual wages paid plus any employer payments to, or on behalf of, workers for fringe benefits including health and welfare, pension, vacation, and similar purposes; all payments imposed by State and Federal laws including, but not limited to, compensation insurance, and social security payments; and the amount paid for subsistence and travel required in accordance with the regular practice of the employer. At the beginning of the contract or as later requested by the Project Manager, the Contractor shall furnish the Project Manager proof of labor compensation rates being paid or already paid. 11.5.5 Materials: The cost of materials used in performing the Work, including transportation charges for delivery (exclusive of machinery rentals), will be the cost to the purchaser, whether Contractor, Subcontractor or other forces, from the Supplier thereof, inclusive of sales or use taxes, except if, in the opinion of the Project Manager, the cost of materials is excessive, or the Contractor does not furnish satisfactory evidence of the cost of such material. If the Project Manager finds the cost excessive or the Contractor has not furnished evidence of the cost, then the cost will be deemed to be the lowest current wholesale price for the quantity concerned delivered to the job- site less cash or trade discounts. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 72 The Town reserves the right to furnish materials for the Work and the Contractor may not claim costs and profit on materials furnished by the Town. The Town reserves the right to purchase from the Contractor any materials previously purchased for a project and not used. Payment for the materials will be based on the actual material cost as shown on the Supplier's invoice, any transportation charges incurred, plus a fifteen percent handling fee. 11.5.6 Equipment: The Contractor will be paid according to the rental rates agreed upon in writing before extra or force account Work is begun, for any machinery or special equipment (other than small tools) authorized by the Project Manager. The Contractor may furnish cost data to assist the Project Manager in the establishment of the rental rate. The rental rates paid, as provided above, shall include the cost of fuel, oil, lubrication supplies, small tools, necessary attachments, repairs and maintenance of all kinds, depreciation, storage, insurance, and all incidentals. Operator wages will be paid separately, as provided in Section 11.5.4. Individual pieces of equipment or tools having a replacement value of $100.00 or less, whether or not consumed by use, are considered small tools and no payment will be made for them. Rental time will not be allowed while equipment is inoperative due to breakdowns or storage on- site. 11.5.7 Equipment on the Work: The rental time to be paid for equipment on the Work is the time the equipment is in productive operation on the extra Work being performed. 11.5.8 Eliminating Items: The Project Manager shall notify the Contractor in writing to eliminate any items contained in the proposal unnecessary for the proper completion of the Work. Such action will not invalidate the contract. The Contractor, by Change Order, will be reimbursed for actual work done and all cost incurred, including mobilization of materials and equipment before the elimination of such items. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 73 Article 12 - CONTRACT TIME 12.1 General 12.1.1 Time is of the essence in the performance of all Work contemplated in the Contract. Therefore, the Work shall be commenced no later than ten days from and including the date of Notice to Proceed and shall be fully completed in a satisfactory and acceptable manner within the time stated in the Contract. 12.1.2 The capacity of the Contractor's construction plant and force shall be sufficient as to insure completion of the Project within the allotted time. The Contractor shall use multiple crews if necessary to complete the Project within the allotted time. 12.2 Delays 12.2.1 Delay claims fall into three categories: non-excusable, excusable, or compensable. Any payment for delays or the granting of time extensions require a properly executed Change Order per Article 11. 12.2.1.1 Non-excusable delay is one caused by factors within the Contractor's reasonable control. The delay is the Contractor's fault; no additional time or additional compensation is allowed. Typical types of non-excusable delays are: a. Late submittal of Shop Drawings; b. Late procurement of materials or equipment; c. Insufficient personnel; d. Unqualified personnel; e. Inadequate coordination of Subcontractors or other contractors; f. Subcontractor delays; g. Late response to Town and Project Manager inquiries; or h. Construction not conforming to contract requirements making repeated re-working necessary. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 74 12.2.1.2 Excusable delay is caused by factors beyond the Contractor's reasonable control, but is not the result of the Town's actions or failure to act. An excusable delay entitles the Contractor to an extension of time but no additional compensation for the cost of the delay. 12.2.1.3 Compensable delay is one where the Town has failed to meet an obligation stated or implied in the construction contract. If the Project Manager considers a delay as compensable, the Town will grant a time extension and reimburse the Contractor for the increased cost caused by the delay. No damages shall be payable for any delay not due to an act or neglect of the Town or an employee of the Town. Typical types of Town-caused delays are: a. Late approval of Shop Drawings and samples; b. Delays in answers to field inquiries by the Contractor; c. Interference with the Contractor during construction; d. Town-caused schedule changes; e. Design changes; or f. Interference by other contractor's or the Town's forces. 12.3 Failure to Complete Work on Time--Liquidated Damages 12.3.1 The Town may permit the Contractor to proceed if the Contractor fails to substantially complete the Work on or before the original date set forth for Substantial Completion in the Contract, or on or before the corrected date of Substantial Completion. In such case, the Town will deduct the sum specified in the Contract for each day that the Work remains uncompleted. This sum shall not be a penalty but is liquidated damages. 12.3.2 The parties agree that, under all of the circumstances, the daily basis and the amount set forth as liquidated damages is reasonable and equitable. 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 well as other terms, are impossible to measure. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 75 12.3.3 The Contractor shall perform with due diligence, regardless of meeting the various scheduled deadlines. If, in the opinion of the Town's Project Manager, or other authorized agent of the Town, the Contractor is not prosecuting the Work under the Contract, written notice will be given and the Contractor shall have seven days to resume the Work with due diligence. Failing a cure, liquidated damages will be charged until there is resumption of prosecution with due diligence. 12.3.4 Permitting the Contractor to continue and finish the Work, or any part of it, after the time fixed for its completion, or after the date to which the time of completion may have been extended, shall not operate as a waiver on the part of the Town of liquidated damages or any of its rights under the Contract. Article 13 - WARRANTY AND GUARANTEE: SAMPLES AND TESTING; DEFECTIVE WORK AND MATERIALS 13.1 Warranty and Guarantees 13.1.1 The Contractor and its Surety are jointly and severally responsible for the condition of all completed Work, maintenance (unless the Town is required by the Special Conditions to assume responsibility for maintenance) and satisfactory operation of Work performed under the Contract for a period of two years following the Notice of Construction Acceptance or for one year after warranty work is fully satisfied. A notice of warranty work that requires repair or replacement under the warranty will be submitted to the Contractor on a Notice of Warranty Work. The Contractor and Surety are jointly and severally responsible for the satisfactory repair or replacement of any Work, materials or equipment which are found defective during this period, provided any failure results directly or indirectly from faulty workmanship or negligence by the Contractor, from faulty manufacturing or from faulty erection or improper handling of materials or equipment furnished or installed by the Contractor. Neither the Contractor nor Surety is liable for any failure resulting from the Town's neglect or improper operation of facilities or the acts of third parties. If desired by the Town, portions of the work may be placed in service when completed, and the Contractor shall provide proper access for this purpose. Such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction throughout the duration of the Contract. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 76 13.2 Samples and Testing 13.2.1 All materials and equipment used in the Project will be subject to sampling and testing according to generally accepted standards and as required in the Contract Documents. In the absence of direct references, the sampling and testing of materials will be done according to current Specifications of the American Society for Testing and Materials or the American Water Works Association. The Contractor shall cooperate with the Project Manager in collecting and forwarding required samples. 13.2.2 The Contractor shall not incorporate any materials into the Project or cover any part of the Work until it has been inspected and approved according to the Contract Documents. 13.2.3 The Contractor shall furnish all samples without charge. The Contractor will cooperate with the Project Manager in collecting, handling, storing, and forwarding required samples including the furnishing of manpower and equipment when necessary. 13.2.4 The Town will pay the cost of the initial test except when the Contract Documents state otherwise. The Town will charge the Contractor for repeated tests due to failure of the initial test. 13.3 Access to Work 13.3.1 The Project Manager and the Manager's representatives shall have access to the Project at any time for purposes of inspection, sampling, and testing. Access shall extend to authorized representatives of participating federal or state agencies and to other public authorities having jurisdiction established by law. The Contractor shall provide proper facilities for access to the Project. 13.3.2 Access to the Project shall mean wherever and whenever it is in manufacture, preparation or progress. It shall include access to payrolls, records of personnel, invoices of materials, terms and conditions of sale of materials and equipment to be incorporated in the Project, files, records, books, correspondence, instructions, Drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and any other relevant data and records relating to the Contract. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 77 13.3.3 The Town may, at reasonable times, inspect the part of the plant, place of business or worksite of the Contractor or Subcontractor at any tier which is pertinent to the performance of the Contract. 13.4 Defective Work and Materials 13.4.1 Material and workmanship not conforming to the requirements of the Contract are deemed defective. Defective Work or material shall be removed immediately from the Project site and replaced with acceptable Work and material at the Contractor's expense. 13.4.2 If the Contractor fails to replace rejected materials or Work within ten days after receipt of written notice, the Town may replace or correct them and charge the cost to the Contractor and may terminate the right of the Contractor to proceed. Failure to detect previously installed defective materials or workmanship shall not impair the Town's right to receive a completed project which is free of defects and meets all of the requirements of the Contract Documents. Article 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 General 14.1.1 Unless expressly provided otherwise, the prices shown in the Bid Schedule include the cost of all labor, materials, equipment, tools, forms, services, utilities, royalties, fees, and any other thing or expense necessary to complete the Project. Items not shown on the Plans, Specifications or Special Provisions but which are necessary to construct the Project will be considered a part of the Project whether specified or not and no separate payment will be made for these items. 14.1.2 Unless expressly provided otherwise in the Contract, the amount to be paid for the Work includes all labor, materials, forms, tools, scaffolding, plants, equipment, service, utilities, royalties, fees, and everything, whether temporary or permanent, necessary to complete the Project. 14.2 Determination of Amounts and Quantities 14.2.1 The Project Manager shall verify determinations of amounts and quantities of Work performed. The Project Manager shall have access to the records as stated in Article 13.3. The RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 78 method of measurement of the Contract Bid Items will be as specified in the Special Conditions or Technical Specifications. 14.3 Variations in Estimated Quantities 14.3.1 Where the quantity of a pay item in the Contract is an estimated quantity and where the actual quantity of such pay item varies more than twenty-five percent below the estimated quantity stated in the Contract, the Contractor may request an equitable adjustment in the Contract Price, upon demand of the Town. The Contract Price adjustment will be based upon any decrease in costs due solely to the variation below seventy-five percent of the estimated quantity. Where the quantity of a pay item in the Contract is an estimated quantity and the actual quantity of such pay item is more than twenty-five percent above the estimated quantity in the Contract, the Town may elect to terminate the Contract or issue a Change Order to adjust the Contract Price. In no case will the price adjustment change the original Contract Price to an amount not appropriated by the Town Board and approved by an appropriate representative of the Town under its purchasing policies. 14.4 Monthly Estimates--Partial Payments 14.4.1 The Contractor shall prepare monthly partial estimates (monthly estimates) for all Work completed up to that time. The authorized Town representative(s) shall approve the monthly estimates before progress payments will be made. The format of the monthly estimates will be related to the format of the Bid Proposal. The estimated cost of repairing, replacing, or rebuilding any part of the work or replacing materials that do not conform to the drawings and specifications will be deducted from the estimated value. 14.4.2 In making such progress payments, subject to the exceptions in this Article, the Town will retain five percent of the calculated value of completed Work for contracts in excess of $150,000 and where the contractor is satisfactorily performing the contract. The withheld percentage of the Contract Price of any contracted Work will be retained until the contract is completed satisfactorily and finally accepted by the Town. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 79 14.4.3 On Contract amounts of less than $150,000, ten percent may be withheld until Final Payment. 14.4.4 If the Town finds that satisfactory progress is being made in any phase of the Contract, it may, upon written request by the Contractor, authorize payment from the withheld percentage to the Contractor. Before payment is made, the Town shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the Work. 14.4.5 Monthly estimates may include the value of acceptable materials required in the construction which have been delivered on the site of the Work or to adjacent railway siding and for which acceptable provisions have been made for preservation and storage, providing the Contractor submits with its monthly estimate, paid invoices in duplicate for the material for which payment is being requested. Material paid for by the Town becomes the property of the Town and, in the event of the default on the part of the Contractor, the Town may use or cause to be used such materials in construction of the Work provided for in the Contract. 14.4.6 The Town may withhold, in addition to retained percentages from Contractor payments, such an amount or amounts as may be necessary to cover: 14.4.6.1 Claims for labor or materials furnished the Contractor or Subcontractor(s) or reasonable evidence indicating probable filing of such claims; 14.4.6.2 Failure of the Contractor to make proper payment to Subcontractors or for material or labor furnished by others; 14.4.6.3 A reasonable doubt that the Contract can be completed for the balance then unpaid; 14.4.6.4 Evidence of damage to another Contractor or private or public property; 14.4.6.5 Uncorrected defective Work or guarantees that have not been met; 14.4.6.6 Failure of the Contractor to submit cost breakdowns, schedules, reports and other information required under the Contract; 14.4.6.7 Persistent failure to carry out the Work according to the Contract; or RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 80 14.4.6.8 Reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay. 14.4.7 The Town may disburse and has the right to act as agent for the Contractor in disbursing funds, withheld pursuant to this paragraph, to the party or parties who are entitled to payment therefrom, but the Town assumes no obligation to make such disbursement. The Town will render to the Contractor a proper accounting of all funds disbursed under this paragraph. 14.5 Town's Right to Accept Portion of the Project 14.5.1 The Town reserves the right to accept and make use of any completed section of the Project without invalidating the Contract or obligating the Town to accept the remainder of the Project. 14.6 Substantial Completion 14.6.1 When the Contractor considers the entire work ready for its intended use and has obtained either a “Certificate of Occupancy” or a “Copy of the Final Inspection Approval Memo” from Building Inspections for required structures, the Contractor shall notify the Project Manager in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that the Project Manager issue a Notice of Substantial Completion. Within a reasonable time, the Contractor, Project Manager and any other appropriate Town representatives shall make an inspection of the Work to determine the status of completion. If the Project Manager does not consider the Work substantially complete or the Contractor has not submitted either a “Certificate of Occupancy” or a “Copy of the Final Inspection Approval Memo” from Building Inspections to the Project Manager, the Project Manager will notify the Contractor in writing giving the reasons for denial of the Notice of Substantial Completion. If the Project Manager considers the Work substantially complete, the Project Manager will prepare and deliver to the contractor a Notice of Substantial Completion which shall fix the date of Substantial Completion. The Project Manager shall attach to the certificate a tentative list ("punch list") of items to be completed or corrected before Final Payment. The Town may, after five (5) days’ notice to the Contractor, complete the punch list items itself and charge the Contractor for all costs incurred therefor, together with the amount necessary to compensate the Town for its additional RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 81 costs, time, and effort. The Town may deduct such amounts from any retainage, and the Contractor shall pay the Town any deficiency. Warranties required by the Contract shall commence on the date set in the Notice of Construction Acceptance for the Project, or the date set in the Notice of Construction Acceptance for a designated portion of the Project, unless otherwise provided in the notice of Substantial Completion. 14.7 Construction Acceptance 14.7.1 When the Work specified in the Contract is completed and the final cleanup has been performed, the Contractor shall notify the Project Manager that all Work under the Contract has been completed and the Project Manager shall, within fourteen (14) calendar days of receipt of such notice, make the final inspection. If the Project Manager finds that the Project has been completed according to the requirements and conditions set forth in the Contract, the Town, upon the recommendation of the Project Manager, shall issue a Notice of Construction Acceptance. Notices of Construction Acceptance issued orally or without proper Town authorization are void. Town will not make the final payment under the Contract before it issues a Construction Acceptance. 14.8 Claims Against the Contractor: As provided by Colorado law, persons or businesses, including Subcontractors, who have not been promptly paid by the Contractor and who have provided materials, services and labor of any kind, or labor and material incidental to the completion of the Project, may file claims and the Town may withhold from the Contractor an amount sufficient to cover such claims. 14.9 Final Payment--Pursuant to Section 38-26-107, C.R.S., as Amended 14.9.1 The Town shall make a Final Settlement in accordance with Section 38-26-107, C.R.S., within sixty days after the Town issues the Notice of Construction Acceptance. 14.9.2 After the Notice of Construction Acceptance is issued by the Town, a Notice of Final Settlement shall be advertised at least twice, not less than ten (10) days before the date of Final Settlement, in a newspaper of general circulation in the county where the Work was done. If no claims are filed before the expiration of ten days from the date of the last publication of the Notice of Final Settlement, the Final Payment, including retainages, may be made. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 82 14.9.3 If any Subcontractor or Supplier files a claim before the expiration of ten days from the date of the last publication of the Notice of Final Settlement, for Work done or material furnished that has not been paid for by the Contractor, the Town shall withhold from Final Payment to the Contractor sufficient funds to insure the payment of the claims. The funds shall not be withheld longer than ninety days from the date of Final Settlement unless a legal action is started within that time to enforce payment of the claims. 14.9.4 At the end of ninety days, or any time before, if the person filing the claim acknowledges receipt of payment for the claim, or otherwise releases the claim in writing, the Town shall pay the Contractor the monies not subject to suit or lis pendens notices. 14.9.5 Monies that are the subject of a suit will be withheld until a judgment is rendered in the suit. In the event the Town incurs any costs or legal fees related to the final settlement or payment thereof, or litigation of claims, then all such costs, expenses, expert and attorney fees shall be withheld from the final payment due the Contractor by the Town and retained by he Town for reimbursement of same. Article 15 - CONTRACT TERMINATION 15.1 Town's Right to Terminate Contract for Convenience 15.1.1 The Town shall, at any time, have the right to terminate the Contract, for convenience, upon giving written notice to the Contractor. The Contractor shall be entitled to the full amount of the approved estimate for the Work satisfactorily completed under the Contract up to the time of such termination, including the retained percentage. The Town shall reimburse the Contractor for such expenditures as, in the judgment of the Project Manager, are not otherwise compensated for, together with the cost of moving to and from the Project and a reasonable profit on the Work deleted by reason of the annulment of the Contract, in order that an equitable settlement is made with the Contractor. 15.2 Town's Right to Terminate Contract for Default 15.2.1 The Project Manager, with the approval of the Purchasing and Contracts Manager and acting on behalf of the Town, may serve notice upon the Contractor and its Surety of the intention to terminate the Contract if the performance of the Work set forth under the Contract is RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 83 unnecessarily or unreasonably delayed by the Contractor, or if any of the provisions of the Contract are being violated by the Contractor or its Subcontractors. The Contract is terminated unless, in the opinion of the Project Manager, the Contractor corrects the violation within five days after the notice is served. In the event of such termination, the Project Manager, acting on behalf of the Town, shall immediately serve notice of the termination and the Surety's right to complete the Contract upon the Surety and the Contractor. The Surety shall have the right to take over and perform the Work called for in the Contract. The Surety is then bound by all the provisions of the Contract. If the Surety does not commence performance of the Work within ten days from the date of the notice, the Town may take over the Project and, without prejudice to any other remedies, complete the Project and the Contractor and its Surety are liable to the Town for any excess costs incurred by the Town. 15.3 Contractor's Right to Terminate Contract 15.3.1 The Contractor may terminate the Contract if the Work is stopped for a period of three months under any order of any court or other public authority through no act or fault of the Contractor or of anyone employed by it. The Contractor may suspend Work if Town fails to make payments at the times provided in the Contract and the Contractor has given the Town written notice seven days before suspending Work. The Contractor may terminate the Contract, at its option, if the Town continues to be in default thirty days after the date of the written notice. Failure by the Town to make payments at the times provided is a bar to any claim by the Town against the Contractor for delay in completion of the Project if the Contractor suspended Work for that reason. If the Contractor terminates the Contract, it may recover the price of all Work done and materials provided and all damages sustained. Article 16 - EQUAL OPPORTUNITY 16.1 General: During the performance of the Contract, the Contractor agrees as follows: 16.1.1 The Contractor shall not discriminate against any employee or applicant for employment because of race, color, age, disability, religion, sex, sexual orientation, gender identity or expression, national origin, or as otherwise prohibited by law. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 84 16.1.2 The Contractor shall ensure that all Subcontractors shall not discriminate against any employee or applicant for employment because of race, color, age, disability, religion, sex, sexual orientation, gender identity or expression, national origin, or as otherwise prohibited by law. Article 17 - AUDIT 17.1 Records and Reports 17.1.1 The Contractor shall keep and preserve full and detailed accounts relating to the Contract for a period of three years from the date of final payment under the Contract in which the Work is completed. 17.1.2 The Subcontractor shall keep and preserve full and detailed accounts relating to the Contract for a period of three years from the date of final payment under the subcontract. 17.2 Access 17.2.1 The Contractor shall permit the Town and the Town's accountants to have access as stated in Article 13.3 and to the records kept per Article 17.1 for the purpose of making such financial audits, or verifications as the Town deems necessary or appropriate concerning the Contractor's performance under the Contract. Article 18 - MISCELLANEOUS 18.1 Reservation of Right to Bar Persons from the Work and Site: The Town reserves the right to bar any person, including employees of the Contractor and Subcontractors, from the Town's Work site. This shall not be treated as a request for the employee's termination but a request that the employee not be assigned to work on the Town Work site. No increase in contract time or price is authorized. 18.2 Provisions Construed as to Fair Meaning: The provisions of the Contract shall be construed as to their fair meaning, and not for or against any party based upon any attributes to such party of the source of the language in question. 18.3 Headings for Convenience: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of the Contract. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 85 18.4 No Implied Representations: No representations, agreements, covenants, warranties, or certifications, express or implied, exist as between the parties, except as specifically set forth in the Contract. 18.5 Financial Obligations of Town: All financial obligations of the Town under the Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in the Contract shall be deemed a pledge of the Town's credit, or a payment guarantee by the Town to the Contractor. 18.6 Assignment/transference: The Contractor may not assign or transfer any interest in the Contract, including any money due or to become due, without the prior written consent of the Town. 18.7 Amendments: The parties shall only amend the Contract in writing with the proper official signatures and, if required elsewhere in this Contract, on the proper forms. 18.8 Waiver: No waiver of a breach or default under the Contract is a waiver of any other or subsequent breach or default. 18.9 Governing Law: The Contract is governed and to be construed according to the laws of the State of Colorado. Venue and jurisdiction for any court action filed regarding this agreement shall be in either Larimer County or the United States District Court for Colorado. 18.10 Binding Contract: The Contract is binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. 18.11 Federal-Aid Projects: If the Contract involves any federal government reimbursements, the Contractor and its subcontractors, must comply with federal regulations. If the Contractor fails to provide documentation and certifications as set forth on “Required Contract Provisions: Federal- Aid Construction Projects” (FHWA Form 1273), as included in the Contract Document, the Contractor shall be specifically liable for any damages, including loss of reimbursement, attributable to the Contractor’s failure to comply with the applicable regulations. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 86 18.12 Immunity: No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., and under any other applicable law. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 87 CONSTRUCTION CONTRACT SPECIAL CONDITIONS 1.0 CONTRACTOR’S PROPOSED PROJECT SCHEDULE Reference the Schedule of Activities in the Invitation to Bid. All dates are subject to change. 2.0 CONTRACT TIME Bidders should prepare their bids assuming a substantial completion date and final completion date based on the Construction Timeline provided by the Contractor and the Construction Contract. Upon receiving the Notice to Proceed, the Contractor shall begin all administrative responsibilities to begin this project such as (but not limited to) scheduling, resource allocation, planning, ordering of materials and equipment, etc.. No work related to this project is to begin until all materials and equipment are on hand; unless coordinated in advance with Project Manager. Work shall be substantially complete by the dates stated in the executed Contract. This date may be adjusted only by a request in writing and approved Change Order. 3.0 WORK PROHIBITED (varies by project) Due to the location of this project, there are no dates on which work is prohibited. Due to the proximity of residential areas, work hours are to be between 7:00am – 7:00pm. Work outside of these times must be requested in writing to the Project Manager in advance. The Project Manager must provide approval in writing. 4.0 INSURANCE DOCUMENTATION The insurance documentation required by the General Conditions must be provided to the Town within 10 calendar days after receipt of the Notice of Award. RFQ – On-Call General Contracting Services for Projects with a value up to $100,000 88 5.0 DRAWINGS AND SPECIFICATIONS All work performed on this project shall be guided by, and conform to, the Bidding Documents outlined in the Instructions for Bidders. 6.0 WORK ZONE REQUIREMENTS (varies by project) Construction work is permitted from 7:00 AM until 7:00 PM, Monday through Friday. Any work on weekends or Town holidays will require negotiation and approval from the Town’s Project Manager. Work outside of these times must be requested in writing to the Project Manager in advance. The Project Manager must provide approval in writing. Full road closures will not be permitted, as access to adjacent town facilities, businesses and residences will need to be maintained throughout the project. Installation of perimeter fencing/safety zone around project area with accessibility for emergency vehicles must be maintained throughout the entirety of the project. 7.0 ACCCESS Emergency access shall be provided at all times throughout the project limits. Access to adjacent town facilities, businesses and residences shall be provided at all times. 8.0 MATERIAL TESTING If needed, Materials Testing shall be provided by the Town; Contractor shall coordinate on- site testing. Any corrective action needed as a result of the testing report will be at the expense of the contractor. Project Title:On-Call General Contracting Proposals Scoring Matrix Summary Contractor Firm AP Construction Blue Sky Restoration Classic Contractors DS Constructors Ellipsis Construction First Point Construction Growling Bear High Point Builders Kinley Built Ranack Construction Synergy Builders TCC Corporation Whitestone Construction Evaluator #1 Evaluator #2 Evaluator #3 Evaluator #4 Top 4 highest for each evaluator Attachment 6 Each project will be evaluated by Staff using the following criteria: 1 Total Score: Town Staff recommends the renewal of the On-Call General Contracting Services contract with this contractor. Attachment 7 Growling Bear Co., Inc. Fierce in Commitment | Relentless in Excellence Building Bold | Delivering Beyond Town of Estes Park On-Call General Contracting Services RFQ Attachment 8 Growling Bear Co. Inc. Table of Contents 1. Proposal Cover Sheet a. Exhibit 1 b. Exhibit 2 2. Technical Approach 3. Project Management 4. Project Staff a. Resumes b. Exhibit 3 5. Organizational Qualications a. Exhibit 4 6. Relevant Project Experience a. Project Specic Details b. Exhibit 5 EXHIHIT I -TO\~N OF ESTES PARK ACCEPTANCE OF CONDITIONS STATEMENT No employee,elected or appointed official of the Town of Estes Park,or any such person’s spouse or dependent child has an existing or pending,direct or indirect,financial,ownership or personal interest in the proposing firm of this Request for Proposal, except as follows: I/we hereby agree to all instructions,terms and conditions,and specifications contained herein. 1/we acknowledge receipt of the following Addenda: Proposing Firm Growling Bear Co Inc Address 2330 4th Aye,Greeley, CO 80631 Telephone 970.353.6964 Submitted By —Signature Submitted By —Printed Name Gary Shironaka Submitted By Title President ATtESTATION: DATE 10/27/25 ATTEST —Signature 4J~r ATTEST —Printed Name ‘Eheyanne Nielsen RFQ On-Call General Contracting Services for Projects with a value up to $100,000 1 EXHIBIT 2 -TOWN OF ESTES PARK -PROPOSAL.COVFR SHEET NOTE:Read all instructions,conditions and specifications in detail before completing this Request for Proposal. Please complete and include this cover sheet with your technical proposal. Company Name Growling Bear Co Inc Federal Tax ID#84-0673636 Complete Primary Address 2330 4th Aye,Greeley,CO 80631 Mailing Address (if different) Contact Person Name and Title Gary Shironaka,President Telephone Number 970.353.6964 Email Address garyshironalcal ~growlingbear.com Company Website Address NA Type of Organization Corporation Authorized Representative Signature(s) Title(s)President Type or Print Name(s)G~Shiron~a Date 1 0/27/2 5 RFQ On-Call General Contracting Services for Projects with a value up to $100,000 Growling Bear Co. Inc. Technical Approach Approach Summary Growling Bear understands that the Town of Estes Park seeks qualified general contractors to provide on-call construction services for projects up to $100,000, with a focus on flexibility, responsiveness, and cost transparency. These projects may include minor renovations, infrastructure repairs, and facility upgrades across various Town-owned properties. Our approach is designed to meet these needs efficiently while maintaining compliance with municipal standards, accessibility laws, and procurement protocols. Task Order Execution Process Scope Review & Site Assessment o Review task order documents and conduct site visit (if required) o Identify constraints, access issues, and safety considerations Collaborative Planning o Meet with Town staff to confirm scope, schedule, and budget expectations o Develop a tailored work plan and schedule Open-Book Pricing & Estimating o Prepare detailed cost estimates using open-book methodology o Break down labor, materials, equipment, and subcontractor costs o Submit pricing for Town review and approval prior to mobilization Resource Allocation o Assign qualified in-house personnel and vetted subcontractors o Ensure all trades are properly licensed and insured Permitting & Compliance o Secure necessary permits and verify compliance with Town codes and accessibility standards Execution & Oversight o Mobilize crews and begin work per approved schedule o Maintain daily oversight, safety protocols, and quality control Communication & Documentation o Provide regular updates to Town staff o Document progress, changes, inspections, and closeout materials Closeout & Warranty o Complete punch list and final walkthrough o Submit closeout documentation and initiate warranty period Pricing & Open-Book Estimates Growling Bear will provide transparent, itemized estimates for each task order. Our pricing will include: Labor rates by trade Material costs with supplier quotes Growling Bear Co. Inc. Equipment usage Subcontractor quotes General conditions and overhead All estimates will be submitted for Town review and approval prior to commencement. We welcome collaboration and clarification to ensure alignment with budget expectations. Roles & Responsibilities Growling Bear Responsibilities: Site assessment and scope validation Cost estimating and pricing Permitting and code compliance Execution and quality control Subcontractor management Safety and accessibility compliance Documentation and closeout Town of Estes Park Responsibilities: Issuance of task orders and scope definition Coordination of site access and stakeholder communication Review and approval of pricing and schedules Permit facilitation (if applicable) Final acceptance and warranty administration Growling Bear Co. Inc. Project Management Project Management Overview Growling Bear’s project management approach emphasizes proactive coordination, transparent communication, and disciplined execution. For each task order, we assign a dedicated project team consisting of a Project Manager, Superintendent, and Project Engineer. This team ensures continuity, accountability, and responsiveness from initial planning through closeout. Our Project Manager serves as the primary point of contact with the Town of Estes Park, overseeing scheduling, permitting, subcontractor coordination, and quality assurance. The Superintendent manages daily site operations, safety, and field coordination, while the Project Engineer supports documentation, procurement, and technical oversight. We maintain structured communication with Town staff through regular updates, issue tracking, and accessible documentation that complies with Colorado’s technology accessibility standards. The decision to use in-house personnel versus subcontractors is based on the specific scope, complexity, and timeline of each task order. We assess the required trades and capabilities, then determine the most efficient and cost-effective delivery method. Even for self-performed work, we obtain subcontractor pricing to validate our internal estimates and ensure competitive, transparent pricing. Growling Bear maintains flexibility in staffing and scheduling to accommodate the Town’s priorities and operational constraints. All personnel, whether in-house or subcontracted, are properly licensed, insured, and briefed on project-specific requirements. Our management philosophy centers on accountability, responsiveness, and partnership, ensuring each project is delivered on time, within budget, and to the Town’s satisfaction. Growling Bear Co. Inc. Project Staffing Construction Team – Growling Bear Gary Shironaka – Preconstruction Manager/Estimating – Resume Included Gary is the President of Growling Bear and will provide executive oversight and strategic leadership throughout the project. With over 30 years of experience in general contracting and design-build delivery, Gary is a DBIA-certified professional and a Planning and Scheduling Professional (PSP) through AACE. He has led numerous successful projects for Weld County, DPS, and federal agencies. Gary ensures alignment with project goals, quality standards, and contractual obligations. Responsibilities: Executive decision-making and contract compliance Oversight of design-build integration Quality assurance and stakeholder engagement Brandon Munro – Senior Project Manager – Resume included Brandon will serve as the lead Project Manager. He holds a B.S. in Construction Management from CSU and has years of experience. He will oversee budget, schedule, subcontractor coordination, and owner communication. Responsibilities: Day-to-day project management and coordination Budget and schedule control Subcontractor procurement and oversight Owner communication and reporting Bob Watkins – Superintendent Bob has over 30 years of field experience. Bob will supervise daily site operations, enforce safety protocols, and ensure quality control. Responsibilities: On-site supervision and safety enforcement Coordination of trades and daily work activities Quality control and inspections Schedule adherence and progress reporting Jorge Olivares – Project Engineer / Field Engineer Jorge has over 10 years of construction management experience. He specializes in technical documentation, submittals, RFIs, and coordination with design consultants. Responsibilities: Submittals, RFIs, and document control Field coordination and technical support Schedule updates and material tracking Quality assurance and punch list management Professional Summary: Relevant Experience: WAFB Renovate Historic Bldg. 212 Weld County Vehicle Wash Bay 700 Kipling HVAC Replacement Phase 2 and 3 References: Career Highlights/Awards/ Recognitions: General Contractor: $600M+ in projects Design Build Delivery: $80M+ in projects CMGC Delivery Method: $50M+ in projects Over three decades of leading successful Design Build projects across multiple sectors Colorado Gold Hard Hat Winner, Lundvall Office Building City of Greeley, Excellence in Community, Institutional Building Winner, Lundvall Office Building City of Greeley, Excellence in Community, Institutional Building Winner, Trinity Episcopal Church Growling Bear Co Inc, Master Carpenter 1994 - 2000 Growling Bear Co Inc, Project Engineer 2000 - 2003 Growling Bear Co Inc, Project Manager/Estimating 2003 - Present Growling Bear Co Inc, President 2006 - Present Education: Colorado State University Bachelors of Science Construction Management Graduated with Honors, Sigma Lambda Chi, Honor Society Growling Bear Co. Inc. Gary is a seasoned construction executive with over three decades of experience leading public and private sector projects across Colorado. As President of Growling Bear, he specializes in design-build delivery, Owner representation, consulting, collaborative project management, and schedule/cost control. Certified by DBIA and AACE, Gary brings a strategic, solutions-oriented approach to every project. Weld County 970.304.6531 Flood and Peterson Insurance 970.506.3210 Mountain Valley Bank 970.416.3364 Halcyon Design 303.906.2617 Capitol Complex Architects Office 303.866.3450 Clinger Hagerman 970.576.9175 2330 4th Ave, Greeley, CO 80631 | garyshironaka1@growlingbear.com | 970.353.6964 Professional Summary: Relevant Experience: AHEC Cherry Creek Roof drains CDPHE ATOPS DPS Swansea Electrical Panel Replacement Design Build References: Career Highlights/Awards/ Recognitions: Owner Representative: $600M+ in projects LEED Certified Projects: 5 Gold, 1 Silver BSL Level III Lab Experience General Contractor Experience: $200M+ in projects Design Build/CMGC Delivery: $30M+ in project Sector Expertise: Education, Public, Healthcare, Recreation, Aviation Other Firms, Project Management 4 Years Growling Bear Co Inc, Senior Project Manager 2011 - Present Education: Colorado State University Bachelors of Science Construction Management, Minor Business Graduated Cum Laude, Sigma Lambda Chi, Honor Society Growling Bear Co. Inc. Brandon Munro is a seasoned Senior Project Manager with years of experience delivering complex construction projects across public, private, and institutional sectors. With a portfolio exceeding $600 million in value, Brandon excels in Design-Build, CMGC, and Owner Representative roles. His leadership has resulted in multiple LEED-certified buildings, successful collaborations with municipal agencies, and consistent on-time, on-budget project delivery. He brings deep expertise in preconstruction planning, cost control, schedule optimization, and field execution, backed by industry-recognized certifications and a commitment to safety and client satisfaction. DMVA 720.471.1613 Capitol Complex Architects Office 303.866.3450 Halcyon Design 303.906.2617 DMVA 720.250.1365 Enlighten Engineering 720.507.6550 Sunrise Community Health 970.353.9403 ext. 2526 2330 4th Ave, Greeley, CO 80631 | bmunro1@growlingbear.com | 970.353.6964 EXHIBIT 3 -CONTRACTOR’S PERSONNEL.AND SUBCONTRACTOR LISTING NAME ROLE Gary Shironaka President Brandon Munro Senior Project Manager Subcontractors -TBD on Task Order Add rows as needed. RFQ On-Call General Contracting Services for Projects with a value up to $100,000 Growling Bear Co. Inc. Organizational Qualification Growling Bear is a highly qualified and integrated General contractor with exceptional capabilities to deliver the project. Our firm has been in continuous operation for over 51 years, specializing in government contracting. Our team structure supports seamless collaboration between construction and design professionals, ensuring that the project is executed with precision, efficiency, and responsiveness. Each team member brings specialized expertise and a proven track record of success in higher educations and public sector projects. Our organizational structure is designed to support on-call contracting with agility and consistency. We maintain a core team of experienced project managers, superintendents, engineers, and skilled tradespeople, supported by a network of prequalified subcontractors. This allows us to scale resources based on project needs while maintaining control over quality and schedule. Growling Bear has successfully completed numerous projects under similar on-call and task order frameworks, including work for municipalities, school districts, and state agencies. We understand the importance of transparency, responsiveness, and compliance with public procurement standards. Our internal systems support open book estimating, accessible documentation, and clear communication with owner representatives. We affirm that Growling Bear is not currently debarred, suspended, or otherwise excluded from participation in federal or state contracts. Our team is committed to ethical business practices and full compliance with all applicable regulations. Task Order Project Town of Estes Park Gary Shironaka, Preconstruction Manager Brandon Munro, Senior Project Manager Bob Watkins, Superintendent Jorge Olivares, Project Engineer Subcontractors Suppliers Design ,(if needed)Principal in charge Design Team, (if needed) EXHIBIT 4 -TOWN OF ESTES PARK COST PROPOSAL ON-CALL GENERAL CONTRACTING SERVICES FOR PROJECTS WITH A VALUE UP TO $100,000 Proposer:Please complete the attached pages of the Cost Proposal Form,and return them with this cover page. By signing this page,Responder acknowledges that he!she has carefully examined and fully understands the Contract,Scope of Work,and other attached documents,and hereby agrees that if his!her proposal is accepted,he!she will contact with the Town of Estes Park according to the Request for Proposal documents. Please provide the following information: Name of Firm Growling Bear Co Inc Address 2330 4th Aye,Greeley,CO 80631 Contact Person Submitting Proposal ~Shironaka Title of Contact Person President Telephone Number 970.353.6964 Email Address garyshironakal ~growlingbear.com Signature of Contact Person Title of Contact Person President Date I 0/27!25 Percent Average General Contractor mark-up on all labor and materials 10-15 RFQ On-Call General Contracting Services for Projects with a value up to $100,000 Growling Bear Co. Inc. Relevant Project Experience Growling Bear Projects Past Project Experience Growling Bear has extensive experience in delivering on-call projects, like the Town of Estes Park RFP. Our team has successfully completed numerous projects of similar scope, complexity, and operational sensitivity, particularly with government entities. On-Call Contracts Growling Bear has completed multiple on-call contracts for several government agencies. These projects demonstrate our ability to deliver compliant, reliable construction on similar contract basis. Auraria Higher Education Center - Small Project On-Call Contract Growling Bear has secured an on-call contract with AHEC for the past 15 years. Key staff – Gary Shironaka, Brandon Munro, Bob Watkins, Jorge Olivares Colorado School of Mines – Small Project On-Call Contract Growling Bear has secured an on-call contract with CSM for the past 10 years. Key staff – Gary Shironaka, Brandon Munro, Bob Watkins, Jorge Olivares University of Colorado Boulder/Denver – Small Projects On-Call Contract Growling Bear Has secured an on-call contract with UCB and UCD for the past 20 years. Key staff - Gary Shironaka, Brandon Munro Similar Projects Growling Bear has completed projects like the scopes described in the RFP. 1881 Pierce Street Exterior Upgrades Replace caulking at every joint of the exterior of the building. Replace concrete entrance landings. Key staff – Gary Shironaka, Brandon Munro, Jorge Olivares AHEC Plaza 111 Remodel Renovation of 450 SF of an existing multi-purpose room. Key staff – Gary Shironaka, Brandon Munro AHEC Cherry Creek Roof Drain Repair Replace all existing roof drains, patch roofing, and repair interior finishes. Key staff – Gary Shironaka, Brandon Munro 1881 Pierce Street Exterior Upgrades o Key Relevant Details Occupied Facility Coordination - Work was performed at an active government facility with no interior modifications—demonstrates Growling Bear’s ability to manage exterior construction without disrupting daily operations, aligning with Estes Park’s need for minimal impact on public services. Envelope Repair and Waterproofing Expertise - Scope included full removal and replacement of exterior sealants, mortar repointing, and Growling Bear Co. Inc. waterproofing systems—directly relevant to typical task orders under the RFQ involving building envelope maintenance. Concrete Demolition and Replacement - Included selective demolition and replacement of exterior concrete patios, topping slabs, and curbs—mirrors the RFQ’s anticipated need for small-scale site and structural repairs. Warranty and Quality Control - Sealant systems included 2-year installer warranties and 20-year manufacturer warranties, with field adhesion testing and mockups—demonstrates Growling Bear’s commitment to long-term performance and quality assurance. Public Sector Experience - Delivered for the Colorado Department of Personnel & Administration with full compliance to public procurement standards—relevant to Estes Park’s municipal contracting framework. Phased Execution and Site Protection - Required contractor phasing plans, site protection, and coordination with owner operations— aligns with Estes Park’s expectations for safe, organized, and minimally disruptive project delivery. AHEC Cherry Creek Roof Drains o Key Relevant Details Occupied Facility Coordination - Construction occurred within the active Auraria Higher Education Center campus, including classrooms, offices, and corridors—demonstrates Growling Bear’s ability to manage work in occupied public buildings with minimal disruption, aligning with Estes Park’s operational continuity goals. Interior and Exterior Scope Integration - Project included both interior ceiling system removal/replacement and exterior roof drain bowl replacement—relevant to Estes Park’s anticipated need for comprehensive building envelope and infrastructure repairs. Hazardous Materials Awareness and Management - Asbestos inspection identified multiple ACMs (floor tile, mastic, duct and pipe sealants, window glazing, gaskets)—demonstrates Growling Bear’s experience in identifying and managing hazardous materials in compliance with EPA, OSHA, and CDPHE regulations. Complex Ceiling and Utility Coordination - Required removal and reinstallation of ductwork, sprinkler piping, and ceiling grid systems to access roof drain leaders—relevant to Estes Park’s expectation for coordination across trades and confined-space work. Roofing System Repair and Waterproofing - BUR system repairs included hot asphalt patching, tapered insulation installation, and modified bitumen flashing—demonstrates capability in roofing system restoration, a likely task order under the RFQ. Warranty and Lifecycle Support - Plumbing and roofing systems included 1-year warranty and manufacturer-backed components— Growling Bear Co. Inc. relevant to Estes Park’s expectations for post-construction support and system durability. Public Sector Experience - Delivered for Auraria Higher Education Center under capital renewal funding—demonstrates familiarity with public procurement, reporting, and compliance structures similar to Estes Park’s municipal framework. AHEC Plaza 111 Remodel o Key Relevant Details On Call Contract – This project was done under the on-call contract Growling Bear has with AHEC. Occupied Facility Coordination – Work was performed within an active higher education health center, requiring coordination with campus operations and tenant representatives to maintain normal building functions—demonstrates Growling Bear’s ability to manage interior renovations with minimal disruption. Interior Demolition and Finish Replacement – Scope included removal of existing flooring, wall base, light fixtures, and casework, followed by installation of new luxury vinyl flooring, paint, casework, and acoustic panels—relevant to interior upgrades in aging or repurposed spaces. Ceiling and Lighting System Integration – Required removal and reinstallation of suspended ceiling systems and integration of new LED lighting and undercabinet fixtures—showcases Growling Bear’s experience navigating tight ceiling spaces and coordinating electrical upgrades. Mechanical System Balancing – Existing HVAC system was retained and rebalanced to meet revised occupancy loads and ventilation requirements—illustrates Growling Bear’s capability to work within existing infrastructure and optimize system performance. Growling Bear Co. Inc. Relevant Projects Project Summary The project at 1881 Pierce Street involved the comprehensive removal and replacement of all exterior sealant at the perimeter of the building, along with selective replacement of exterior storefront systems. The scope also included mortar repointing, joint sealant rehabilitation, and installation of new waterproong systems to improve building envelope performance. Additional work encompassed the demolition and reconstruction of exterior concrete patio elements, including new concrete topper slabs, caps, and guardrails. The design adhered to the 2021 International Building Code and related standards, with oversight from Design Edge, P.C. as the architect. Growling Bear served as the general contractor for the project, managing all phases of construction from demolition through nal installation. Their responsibilities included coordinating site visits, preparing submittals, executing selective demolition, and installing new sealant systems per detailed specications. Growling Bear ensured compliance with all code requirements, facilitated eld testing and inspections, and conducted punch walks and closeout procedures. Their work restored the building’s exterior integrity and enhanced its long-term durability through high-performance materials and precise execution. Key Relevant Details Removal and replacement of all exterior sealant at the building perimeter. Demolition and reconstruction of exterior concrete patio slabs and caps. Installation of new waterproong membranes and vapor barriers. Rehabilitation and replacement of joint sealants, including preformed foam seals. Repointing of mortar joints and repair of spalled concrete with epoxy dowels. Guardrails and Handrails: Installation of new metal guardrails and handrails with custom nishes. Code Compliance: Work performed under 2021 IBC, IEBC, and IECC standards. Growling Bear, responsible for full execution and coordination of the work. Unique Detail: Integration of new concrete elements with existing cantilevered slab using epoxy-anchored dowels and isolation joints 1881 Pierce Street Exterior Upgrades Client: State of Colorado Capitol Complex Reference: Paul Chaney, Project Manager, 303.866.3450 Delivery Method: Bid-Build Designer: Design Edge Contract Amount: 155,244.00 Project Type: Exterior Envelope, Concrete, Site Repairs Sector: Public Growling Bear Co. Inc. Relevant Projects Project Summary The Cherry Creek Building Roof Drain Replacement project at the Auraria Higher Education Center, was successfully completed as part of Capital Renewal Project. The scope of work included the removal and replacement of aging and leaking primary roof drain bowls and associated roof drain leaders. Exterior work involved cutting and patching the existing roong system at sump areas to install new roof drain bowls, while interior work required accessing and replacing drain leaders within corridors, classrooms, and offices. This necessitated the temporary removal and reinstallation of ceiling systems and, in some cases, ductwork. All penetrations through re-rated walls were sealed using UL-rated assemblies to maintain re protection standards. Growling Bear served as the general contractor for the project, overseeing all aspects of construction and trade coordination. Their responsibilities included managing daily site operations, ensuring proper protection of the educational facility, and implementing safety measures. Growling Bear facilitated the seamless integration of plumbing and roong schedules to expedite construction and minimize disruption to campus activities. Their team ensured that all work was completed in a watertight and efficient manner, with thorough cleanup and restoration of affected areas. The project was delivered successfully, meeting all code requirements and inspection standards. Key Relevant Details Occupied Facility Coordination – Work was performed within an active higher education facility, requiring coordination with campus operations to maintain normal building functions with minimal disruption. Roof Drain and Leader Replacement – Scope included removal and replacement of primary roof drain bowls and up to 10 feet of interior roof drain leaders—directly relevant to projects involving aging infrastructure and water intrusion mitigation. Interior Ceiling and Ductwork Access – Required removal and reinstallation of suspended ceiling systems and ductwork in tight quarters—showcases experience navigating complex building systems and conned workspaces. Roong System Restoration – Exterior roong work included sump area patching with modied bitumen systems and BUR repair materials—relevant to envelope restoration and waterproong scopes. General Contractor Role – Growling Bear served as the general contractor, managing trade coordination, site protection, daily cleanup, and schedule integration. AHEC Cherry Creek Roof Drains Client: Auraria Higher Education Center, (AHEC) Reference: Holly Hall, Project Manager, 303.556.8440 Delivery Method: Bid-Build Designer: DJ Architecture Contract Amount: 347,092.00 Project Type: Exterior Envelope, Roong, Plumbing, Interior Finish Repair Sector: Public, Higher Education, Interior Finish Growling Bear Co. Inc. Relevant Projects Project Summary The Plaza 111 Remodel project at the Auraria Campus involved the transformation of a 450-square-foot classroom into a multi-purpose conference room within the Health Center. The renovation scope included complete demolition of existing nishes, installation of a new wall for mounting a TV, and the addition of a clerestory window to enhance natural light. New lighting xtures, casework, paint, and luxury vinyl ooring were installed, along with acoustic treatments and ADA-compliant features. Growling Bear served as the General Contractor for the Plaza 111 Remodel, overseeing all aspects of construction and coordination. Their responsibilities included demolition, installation of architectural nishes, millwork, and coordination of mechanical and electrical systems per the stamped construction documents. Growling Bear ensured compliance with all applicable codes and accessibility guidelines, managed subcontractor scheduling, and maintained site cleanliness and safety throughout the project. The work was completed on time and in accordance with the design intent, delivering a functional and modern conference space for the Auraria Higher Education Center. Key Relevant Details On Call Contract – this project was part of the on-call contract Growling Bear has with AHEC Occupied Facility Coordination – Work was performed within an active higher education health center, requiring coordination with campus operations and tenant representatives to maintain normal building functions with minimal disruption Interior Demolition and Finish Replacement – Scope included removal of existing ooring, wall base, light xtures, and casework, followed by installation of new luxury vinyl ooring, paint, casework, and acoustic panels—relevant to interior upgrades in aging or repurposed spaces. Ceiling and Lighting System Integration – Required removal and reinstallation of suspended ceiling systems and integration of new LED lighting and undercabinet xtures Fire-Rated Wall Modications – Installation of new clerestory windows and wall penetrations required compliance with re-rated assemblies and UL-rated sealing. Mechanical System Balancing – Existing HVAC system was retained and rebalanced to meet revised occupancy loads and ventilation requirements General Contractor Role – Growling Bear served as the general contractor, managing trade coordination, site protection, daily cleanup, and schedule integration. AHEC Plaza 111 Remodel Client: Auraria Higher Education Center, (AHEC) Delivery Method: Bid-Build Designer: NeoEra Contract Amount: 101,280.00 Project Type: Interior Finish, Casework, On-Call Sector: Public, Higher Education, Interior Finish EXHIBIT 5 -TOWN OF ESTES PARK -REFERENCE AUTHORIZATION AND RELEASE FORM TO:Derek Pastor,Town of Estes Park Project Manager BY (Proposer):Growling Bear Co Inc ration A Partnership whose address is 2330 4th Aye,Greeley,CO 80631 An Individual Proposer hereby authorizes Town to perform such investigation of proposer as the Town deems necessary to establish the qualifications,responsibility and financial ability of proposer.By its signature hereon,proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and the Town from any and all liability to proposer as a result of any such reference information provided. Proposer further ~ai;es any right to recei~e copies of reference information pro’v ided to the Town. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. By—Signature By —Printed Name Gary Shironaka By —Title President Date 10/27/25 RFQ On-Call General Contracting Services for Projects with a value up to $100,000 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. Quality Integrity Dependability Attachment 9 TCC Corporation is a Northern Colorado–based general contractor with over 45 years of experience delivering commercial, municipal, and renovation projects throughout the region. We specialize in construction management and general contracting services that emphasize quality, integrity, and dependability. Our team brings proven expertise in efficiently managing small and midsize projects while maintaining the highest standards of safety, schedule, and value. Acceptance of Conditions Statement TCC Corporation acknowledges and accepts all terms, conditions, requirements, and specifications contained in the Town of Estes Park’s Request for Qualifications – On-Call General Contracting Services for Projects up to $100,000. TCC confirms that we: Have reviewed and understand the RFQ’s intent, scope, and expectations. Agree to comply with all applicable federal, state, and local regulations, Town standards, and safety policies. Acknowledge that submission of this proposal constitutes full acceptance of all RFQ conditions. Certify that all information provided is accurate and complete to the best of our knowledge. Primary Contact: Name: Brian Crownover Title: Vice President / Project Manager Phone: (970) 371-8404 Email: bcrownover@tcccorp.net 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. On-Call General Contracting Services - Town of Estes Park Dear Selection Committee, Ernie Crownover President Respectfully Submitted, COVER LETTER November 6, 2025 RE: On-Call General Contracting Services - Town of Estes Park 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. TABLE OF CONTENTS 1. TECHNICAL APPROACH 2. TECHNICAL APPROACH 3. PROJECT MANAGEMENT 4. PROJECT STAFFING 5. PROJECT STAFFING 6. PROJECT STAFFING 7. ORGANIZATIONAL QUALIFICATIONS 8. EXPERIENCE 9. EXPERIENCE 10. EXPERIENCE 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. 1 TECHNICAL APPROACH On-Call General Contracting Services - Town of Estes Park Understanding of the Town’s Needs TCC Corporation understands that the Town of Estes Park seeks reliable, responsive, and experienced general contractors capable of completing small-scale renovation, maintenance, and construction projects efficiently and cost-effectively. These projects, ranging from office remodels and facility upgrades to emergency repairs, require a contractor that can mobilize quickly, maintain clear communication with Town staff, and perform quality work within tight timeframes and limited budgets. With over four decades of experience ser ving Colorado municipalities, TCC has successfully managed a wide range of projects of similar size and scope. Our team recognizes the unique needs of on-call contracting, including adherence to Town standards, respect for occupied facilities, attention to public safety, and the ability to self-perform or subcontract work as appropriate to meet schedule and cost objectives. Proposed Approach TCC’s approach to on-call contracting emphasizes responsiveness, collaboration, and consistency. Our procedures are designed to streamline project execution while ensuring accountability and quality throughout all phases. 1. Initial Coordination & Scope Definition Upon receipt of a Town request for ser vices, TCC will review project documentation, visit the site, and meet with Town representatives to confirm scope, schedule, and budget parameters. We will identify any constructability concerns or potential cost impacts early and provide value- based recommendations to align the project with the Town’s goals. A detailed written Quote will be submitted outlining the proposed scope, cost, and timeline for Town approval . 2. Planning, Permitting & Mobilization Once authorized, TCC will develop a short-form project plan outlining key milestones, subcontractor involvement, and communication expectations. We will coordinate all required permits, safety plans, and submittals prior to mobilization. Our field team will establish a clean, organized work area with clear signage and protection for public and Town staff where applicable. 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. 2 TECHNICAL APPROACH On-Call General Contracting Services - Town of Estes Park 3. Construction & Quality Control TCC will assign a dedicated Superintendent or Project Lead to oversee each task order, ensuring compliance with approved plans, specifications, and safety requirements. Daily logs, progress photos, and short weekly updates will be provided to the Town representative. Quality control will be maintained through consistent field inspections, testing (if required), and verification of materials and workmanship. We utilize local subcontractors with proven experience and maintain transparent communication with the Town throughout construction. 4. Closeout & Warranty Upon completion, TCC will conduct a joint walkthrough with Town staff to ensure all work meets expectations. We will provide closeout documentation including warranties, inspection reports, and final invoicing. Any punch list items will be addressed promptly, and warranty service requests will receive immediate response. Commitment to Performance and Partnership TCC Corporation’s approach is grounded in proactive communication, careful planning, and respect for the Town’s facilities and operations. We view each on-call project as an opportunity to strengthen our partnership with the Town of Estes Park by providing dependable service, high-quality workmanship, and efficient project delivery. Through clear coordination, consistent oversight, and an experienced local team, TCC will help the Town streamline maintenance and renovation efforts, extend the lifespan of municipal assets, and ensure that every project is completed safely, on time, and within budget. 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. 3 PROJECT MANAGEMENT On-Call General Contracting Services - Town of Estes Park TCC Corporation manages every project with a clear, structured approach built on quality, integrity & dependability. Each assignment is led by a Project Manager responsible for coordination, scheduling, and budget control , and a Superintendent overseeing daily field activities, safety, and quality. Both report directly to TCC’s executive leadership to ensure expectations are met or exceeded. Communication and Reporting TCC maintains open communication with the Town through: Preconstruction kickoff meetings to review scope, logistics, and expectations. Weekly progress updates summarizing completed work, upcoming tasks, and any required decisions. Site walkthroughs as needed to verify progress and quality. Final closeout documents, including photos, warranties, and O&M documents, will be provided upon completion. All communication will flow through the designated Town representative, ensuring clear communication. In-House vs. Subcontracted Work TCC self-performs demolition, door installation, and minor painting and drywall repairs. All other trades, including specialized disciplines such as electrical, plumbing, and HVAC, are completed by trusted local subcontractors with proven municipal experience. This approach provides flexibility, responsiveness, and cost efficiency across a wide range of project types. Commitment Through hands-on management, proactive coordination, and reliable local partnerships, TCC delivers projects safely, on time, and within budget, aligning with the Town’s goals for efficient, high- quality facility improvements. 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. 4 PROJECT STAFFING On-Call General Contracting Services - Town of Estes Park Title: Preconstruction Manager & Project Manager Experience: 17+ years Similar Experience Includes: Dacono Grader Shed ($1.2M), Fort Collins Kia ($15.4M), Fort Collins Nissan ($22M), Ford Pro Elite Service 17M), Weld County Jail Booking Renovation ($2.5M), Chase Building Renovation ($6M), Alternative Homes for Youth ($2M) WC Bio Lab ($46k), Sunrise Health ($26K), Longmont Pool (91K) Principal Responsibilities: Lead development of project budgets and maintain cost alignment throughout preconstruction and construction Collaborate with owners, design teams, and end users to ensure clear communication and minimal disruption to operations Develop and manage phasing and sequencing plans to support efficient project execution Administer RFIs, submittals, and change management processes with transparency and responsiveness Ensure compliance with applicable codes, accessibility standards, and safety requirements at all times Brian Crownover Title: Senior Estimator Experience: 12+ years Similar Experience Includes: Fort Collins Nissan ($22M), Ford Pro Elite Service Center ($17M), Weld County Jail Booking Renovation ($2.6M), Chilson Recreation Center Locker Rooms ($862K), Monfort Children’s Clinic ($814K), Alternative Homes for Youth 2.2M), WC Bio Lab ($46k), Sunrise Health ($26K), Longmont Pool (91K) Principal Responsibilities: Lead preparation and management of comprehensive project budgets from schematic design through final GMP submission Collaborate with owners, architects, and subcontractors to ensure accurate scope development and alignment of design intent with budget constraints Review plans, specifications, and subcontractor proposals to identify value engineering opportunities and cost efficiencies Coordinate with municipalities to facilitate planning, permitting, and preconstruction requirements Develop clear, competitive bid packages and manage procurement to maintain transparency and competitiveness Steph McCormack 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. 5 PROJECT STAFFING On-Call General Contracting Services - Town of Estes Park Title: Assistant Project Manager / Superintendent Experience: 3+ years Similar Experience Includes: Dacono Grader Shed ($1.2M), Fort Collins Kia ($15.4M), Ford Pro Elite Service ($17M), Chilson Rec Center 856K), Alternative Homes for Youth ($2.5M), WC Bio Lab ($46k), Longmont Pool (91K) Jordan Cardenas Title: Assistant Project Manager / Superintendent Experience: 3+ years Similar Experience Includes: Fort Collins Nissan ($22.4M), Weld County Jail ($2.4M), NSAC Childcare Center ($760K), Weld County Training Center ($265K), Ford Pro Elite Service ($17M), Alternative Homes for Youth ($2M), Monfort Children’s Clinic ($563K) Beau Little Principal Responsibilities: Manage project documentation, including submittals, RFIs, and change order tracking Support field operations through coordination of logistics, deliveries, and material management Maintain accurate construction records, daily logs, and subcontractor documentation Communicate schedule progress, field updates, and emerging issues to project leadership Assist with punch list activities, closeout procedures, and turnover documentation Promote compliance with safety standards and support jobsite protocol enforcement Assistant Project Managers / Superintendents - Responsibilities 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. 6 PROJECT STAFFING On-Call General Contracting Services - Town of Estes Park Title: Superintendent Experience: 2+ years Similar Experience Includes: Dacono Grader Shed ($1.2M), Alternative Homes for Youth ($2.2M), Monfort Children’s Clinic 814K), WC Bio Lab ($46k) Logan Cocke Title: Superintendent Experience: 2+ years Similar Experience Includes: Estes Park Finance Remodel ($300k), Estes Park Streets Bathrooms ($178K), Briggs Greenhouse Structural Repairs ($218K) Clayton Little Title: Superintendent Experience: 3+ years Similar Experience Includes: Weld County Chase Building Renovation ($6M), Tiger Tots Childcare ($2.5M), Fraser Church Remodel ($300K), Sunrise Health ($26K) Trey Cardenas Principal Responsibilities: Oversee daily field operations to maintain alignment with project schedules and logistics plans Manage subcontractor performance and coordinate phasing to minimize operational impacts Enforce safety standards, conduct site meetings, and maintain a clean, organized jobsite Review drawings, verify layout accuracy, and implement approved field changes Lead quality assurance efforts, punch list resolution, and final inspections Maintain detailed project documentation and coordinate with inspectors and client representatives Superintendents - Responsibilities 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. 7 ORGINIZATIONAL QUALIFICATION On-Call General Contracting Services - Town of Estes Park TCC Corporation is a Northern Colorado–based general contractor with over 45 years of continuous operation under the same ownership and company name. Established in 1978, TCC has earned a strong reputation for quality, integrity, and dependability in delivering construction management and general contracting services for public and private clients throughout Colorado. Our team specializes in municipal, commercial, and renovation projects, with experience ranging from minor facility upgrades to multimillion-dollar new construction. TCC maintains a proven ability to manage multiple small-scale projects simultaneously, providing responsive on-call services that align with each client’s operational and budgetary requirements. TCC’s capabilities include comprehensive preconstruction, cost estimating, scheduling, project management, and field supervision. Our staff of professionals, supported by long-term relationships with trusted local subcontractors, allows us to maintain high standards of workmanship, safety, and communication on every project. We are proficient in managing projects within occupied facilities and ensuring minimal disruption to ongoing operations, a key factor in on-call work for municipalities. Experience & Capabilities 45+ years of general contracting and CM/GC experience Successful delivery of numerous municipal projects across Colorado, including recreation centers, vehicle storage facilities, and building renovations under $100K–$2M In-house capabilities for demolition, concrete, carpentry, and finishes Established partnerships with qualified local subcontractors for specialty trades Strong preconstruction services, cost control, and scheduling management Proven record of safety, efficiency, and responsiveness in on-call and fast-track work Debarment Statement TCC Corporation has never been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency from contracting or conducting business with the federal government. 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. 8 EXPEREICNE On-Call General Contracting Services - Town of Estes Park TCC Corporation has extensive experience providing on-call construction and renovation ser vices for municipalities and community facilities throughout Northern Colorado. Our proven history of delivering high-quality, small-scale projects efficiently and with minimal disruption demonstrates our ability to perform the type of work required under this RFQ. On-Call Experience City of Longmont – On-Call General Contractor for over 10 years Loveland Community Health – On-Call Contractor for over 10 years Weld County – On-Call General Contractor for over 4 years City of Loveland – On-Call General Contractor for 2 years Weld County NCRFL Bio Lab Renovation – $46,362 (July 2024) Client: Weld County Facilities Department Contact: Will Hopkins, Facilities Project Manager – (970) 400-2044 | whopkins@weld.gov Scope of Work / Description: TCC was selected by Weld County under its on-call ser vices program to renovate a functioning laboratory within an occupied County facility. The project required careful coordination to maintain safety, air quality, and minimal interruption to laboratory operations. Work included selective demolition, installation of new casework, flooring, painting, drywall, and suspended ceiling systems. TCC’s team managed all submittals, procurement, and logistics to ensure material availability prior to mobilization, allowing the lab to resume full operations quickly. TCC self-performed demolition and coordinated trusted local subcontractors for mechanical , electrical , and finish trades. Early engagement and clear communication with County staff ensured an accurate scope, transparent pricing, and efficient delivery. 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. 9 EXPEREICNE On-Call General Contracting Services - Town of Estes Park Sunrise Community Health – Office Remodel – $26,099 (Februar y 2023) Client: Sunrise Community Health Center Contact: Nick Gregory, Director of Facilities – (970) 346-2541 | ngregor y.sunrise@nocoha.org Scope of Work / Description As a long-term on-call contractor for Sunrise, TCC completed an interior remodel converting a storage area into new administrative offices. The work involved demolition, framing, drywall , finishes, acoustical ceilings, flooring, and paint. TCC’s familiarity with Sunrise’s design standards and material specifications enabled a streamlined pricing and submittal process. Close coordination with clinic staff minimized disruptions to patient care, and the project was completed safely, on time, and within budget. This project reflects TCC’s strength in occupied healthcare environments and its ability to manage small-scale improvements requiring tight scheduling and attention to detail . City of Longmont – Leisure Pool Surge Tank Sealing – $91,325 (March 2023) Client: City of Longmont Recreation Department Contact: Phillip Henr y, Recreation Maintenance Supervisor – (303) 7 74-4542 | phillip.henry@longmontcolorado.gov Scope of Work / Description: Under the City’s on-call contract, TCC was engaged to diagnose and repair a leak in the surge tank of the Longmont Leisure Pool. The project required technical investigation, testing, and implementation of a repair plan in coordination with the City and mechanical subcontractor Maddison Mechanical. TCC coordinated work sequencing to avoid peak usage hours, maintained clear communication with City recreation staff, and ensured all safety and water quality protocols were followed. The project was successfully completed with minimal facility downtime and restored the pool system to full functionality. This work illustrates TCC’s ability to provide problem-solving, field coordination, and responsive ser vice under on-call conditions. 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. 10 EXPEREICNE On-Call General Contracting Services - Town of Estes Park Summar y of Relevant Experience Across multiple on-call contracts, TCC has demonstrated the ability to: Rapidly mobilize and complete small-scope projects for municipalities and public entities Manage complex work in occupied and operational environments Maintain transparent communication and accurate cost control from scope development through closeout Utilize a reliable network of local subcontractors with municipal experience Deliver consistent, high-quality construction within budget and schedule constraints With long-term partnerships and a reputation for dependable service, TCC Corporation provides the experience, resources, and responsiveness necessary to support the Town of Estes Park’s ongoing facility and maintenance needs. TCC Corporation’s Unique Value What sets TCC Corporation apart is our lean, highly engaged team that stays with each project from start to finish. Our clients work directly with the same experienced professionals who estimate, plan, and build the project not a rotating cast of departments or crews. This structure ensures clear communication, accountability, and consistent quality throughout every phase. With TCC, you get a dedicated, hands-on team fully invested in the project’s success from day one through final completion. Woodco of the Rockies Casework/millwork Pierson Concrete Concrete Mathias Lock & Key Frames/doors/hardware All Area Acoustics Acoustical Ceiling Beyond 9 Interiors Drywall/Framing Front Range Commercial Flooring Flooring Tile Kyle Flooring Flooring Streamline Painting Painting MJ Masonry Mason Custom on Site, Inc Wood Framing Handy Glass, Inc Glass/Storefront Sweet Roofing Roofing Dynamic Specialities Speacialties Craftsman Painting Painting TK Excavating & Dirt Work Sitework/utilities Alpine Landscaping Landscape Action Plumbing & Heating Plumbing Maddison Mechanical Plumbing Flow Fire Fire Sprinkler NOCO Energy HVAC Air Comfort HVAC Southpaw Electric Electrical Life Safety Fire Alarm Attachment 10 for On-Call General Contracting Services PROJECTS WITH A VALUE UP TO $100,000 PROPOSAL 1 1 Project Initiation and Coordination At project kickoff, Whitestone Construction establishes a structured approach to ensure clarity, alignment, and proactive management throughout the project. Our process includes: Communication Planning: Def ining primary points of contact, preferred communication channels, and meeting f requencies to maintain transparency among Town staff, consultants, and contractors. Document Review: Evaluating all available drawings, specif ications, and reports to conf irm scope and identify potential conflicts or constraints early in the process. Scheduling and Submittals: Developing a detailed project schedule and comprehensive submittal log to monitor progress, support decision-making, and maintain accountability across all trades. 2. Ongoing Communication Whitestone Construction values open, honest, and consistent communication throughout every stage of the project. Our goal is to keep the Town fully informed and conf ident in the process. Regular Updates: We share clear and timely progress reports, site photos, and meeting notes so everyone stays on the same page. Collaborative Meetings: Coordination meetings with Town staff, consultants, and contractors help address questions early and keep work moving smoothly. Prompt Communication: If f ield conditions or scope changes arise, we notify the Town immediately and work together to f ind the best path forward. WCS - TOWN OF ESTES PARK ON-CALL GENERAL CONTRACTINGSERVICES2 2. TECHNICAL APPROACH We understand that TOEP projects require close coordination among multiple stakeholders, adherence to strict design and safety standards, and eff icient execution within tight schedules. Whitestone Construction approaches each project as an extension of the Town’s team—proactively identifying challenges, maintaining open communication, and delivering precise, high-quality results with minimal impact to ongoing operations. UNDERSTANDING TOWN OF ESTES PARK’S NEEDS Approach and Methodology Local Capability and Quick Responsiveness Whitestone Construction is proud to be Boulder-based and deeply connected to our local construction community. Our location and strong relationships with trusted local subcontractors allow us to respond quickly and keep projects moving smoothly. In-House Expertise: Our team of skilled carpenters and supervisors, along with our own equipment, enables us to self-perform work efficiently and reliably. Local Partnerships: We collaborate closely with Boulder- area subcontractors, ensuring timely mobilization and seamless coordination. Flexibility and Agility: We adapt easily to schedule changes, design clarifications, and evolving project needs, always maintaining quality, safety, and project momentum. WCS - TOWN OF ESTES PARK ON-CALL GENERAL CONTRACTINGSERVICES3 4. Execution and Closeout Whitestone Construction ensures smooth project execution and thorough closeout through careful oversight and structured processes: Progress Monitoring: Our site team tracks work daily against the established schedule and milestones to maintain momentum and meet deadlines. Ongoing Coordination: We maintain consistent communication and coordination with the Town’s representatives to ensure safety, compliance, and quality throughout construction. Daily Documentation: Daily logs and site reports provide transparency and support proactive issue resolution. Comprehensive Closeout: At project completion, we deliver a complete closeout package, including f inal documentation, warranties, operations and maintenance manuals, and as-built information, ensuring a seamless turnover to TOEP. 3. Change Management and Quality Control Whitestone Construction takes a disciplined and transparent approach to managing changes and ensuring quality throughout every project. Our process includes: Immediate Communication: Any potential change in scope or unforeseen condition is promptly documented and shared with TOEP to maintain transparency. Detailed Change Orders: We provide comprehensive change order packages outlining the work, cost impacts, and schedule implications, ensuring informed decision-making. Authorization Before Work: No change order work is performed without written approval f rom TOEP, maintaining accountability and control over project costs and responsibilities. Quality Control: Our internal quality control program monitors each phase of work to ensure it meets or exceeds project specif ications, design intent, and performance standards. Proposer ’s Responsibilities: Provide comprehensive project management, supervision, and communication. Coordinate with TOEP staff, consultants, and contractors throughout the project. Maintain detailed documentation and timely submittals. Identify and communicate any potential scope changes immediately. Ensure all work meets applicable codes, standards, and project specif ications. Town’s Responsibilities: Provide timely access to project sites and relevant documentation. Review and approve submitted materials, schedules, and change orders. Participate in coordination meetings and provide prompt feedback to maintain schedule continuity. Responsibilities Our approach is proactive, collaborative, and results-driven. By combining clear communication, flexibility in adapting to evolving project requirements, and a disciplined approach to change management, our team ensures every TOEP project is completed eff iciently, transparently, and to the highest standards of quality. WCS - TOWN OF ESTES PARK ON-CALL GENERAL CONTRACTINGSERVICES4 3. project management Issue prevention: Resolve issues quickly at all phases to avoid them reaching the f ield Immediate engagement: Project kickoff includes all stakeholders and technical consultants upon award Design analysis: Comprehensive constructability review led by Project Manager and experienced leadership Collaborative workshops: Early identif ication of conflicts led by Superintendent with key trades Documented success: Previous projects completed without delays through proactive coordination Whitestone Construction Services (WCS) is committed to maintaining clear, proactive communication with the Town of Estes Park and all project stakeholders to ensure smooth coordination, timely decisions, and eff icient project delivery. OAC Meetings: Weekly or bi-weekly meetings with Town staff, architects, and contractors to maintain alignment. Meeting Documentation: Concise minutes capturing decisions and action items. Centralized Project Management: Procore manages RFIs, submittals, drawings, and progress photos in a cloud-based platform. Real-Time Access: Town staff and design consultants have immediate access for collaboration and oversight. Monitoring & Control Whitestone Construction Services (WCS) maintains strict schedule and performance control through proactive monitoring and clear reporting. Daily Oversight: The on-site superintendent tracks progress and production rates, addressing issues immediately to maintain schedule integrity. Project Reporting: The project manager compiles weekly informal updates and formal monthly reports using MS Project or Primavera, presenting actual vs. planned progress during OAC meetings. Schedule Coordination: All milestones are aligned with the Town of Estes Park’s requirements, including inspections, commissioning, punch lists, and Owner acceptance. Rolling Punch List: Ongoing quality review minimizes outstanding items at substantial completion, ensuring a smooth closeout and timely project turnover. APPROACH TO SUCCESSFUL ON-CALL SERVICES Self-Performed Work Whitestone Construction Services maintains an in-house team of skilled carpenters and laborers capable of performing a variety of trades. Capabilities include: Class III asbestos disturbance work Concrete (small quantities) Carpentry, millwork, and plastic laminate Doors, f rames, and hardware installation Fire stopping and caulking Light f raming, drywall, and painting Equipment, stainless steel, and solid surface installation WCS evaluates each project to determine the most eff icient delivery approach and typically self-performs low-cost or specialty items such as backing, blocking, f ire-caulking, and minor installations to enhance schedule control and cost eff iciency. Communication and Coordination This highly experienced project team will work to ensure the Town of Estes Park’s projects are successful by every measure, throughout their duration. The organizational structure provides comprehensive support for our on-site team, who are responsible for meeting and exceeding the Town's requirements. Key Team Commitments Our project team has successfully delivered projects of similar scope, complexity, and schedule Each team member will be continuously dedicated to this project WCS - TOWN OF ESTES PARK ON-CALL GENERAL CONTRACTINGSERVICES5 President – Justin Blais Full oversight throughout the project duration. Justin ensures correct staff ing and support while remaining accessible to all stakeholders, team members, and trade partners to address questions or concerns. Justin is ultimately responsible for the safe and successful completion of the project. VP of Operations/Head of Estimating – Nik Foster Nik oversees the preconstruction phase using extensive estimating and preconstruction knowledge. to thoroughly understand project scope, constructability, and schedule. Once the project begins, Nik ensures smooth operations and team cohesion during all project phases including construction, quality control, and closeout. Field Operations/Safety Off icer – Chip Faller With 19 years at WCS, Chip mentors and guides f ield staff to operate at their highest potential, delivering exceptional quality work on time and on budget. He provides guidance and oversight for safety and quality control on all Whitestone projects, including the recently completed ARNT BUCK SMITH, KITW, MRCT, and The Pearl projects, plus Lucky Strike Northf ield (2024). CFO/Controller – Mark Timpe Mark’s 30 years of client support, business operations, and f inancial experience ensures the company operates eff iciently and in alignment with contractual and regulatory f rameworks. Project Coordinator – Christina Brown Christina supports the project manager to provide consistent delivery and tracking of subcontracts, meeting minutes, RFIs, submittals, and other critical documents. 4. project STAFFING We included the résumés of our Project Mangers and Superintendents who will be assigned to the Town of Estes Park on a project by project basis PROJECT EXPERIENCE THE PEARL AT BOULDER CREEK 3.4 million interior common space renovation of 34,000SF Senior Center in the City of Boulder including all new finishes in the Pub-Bistro, Dining room, Fitness Center, Reception, Theater, Meeting and Activity rooms, Administrative Office and support work rooms. New carpet and base throughout upper residence corridors. EDEP POWER PLANT ADDITIONS Construction of 900SF structural steel and CMU shop spaces on new elevated concrete mezzanine within the CU power plant. Extreme working conditions and safety concerns made this a challenging project due to unusually difficult protection requirements working on top of existing operational equipment. PUEBLO COLORADO D70 SCHOOL DISTRICT Projects Total: $47 million via passage of a county wide bond issue allowing for classroom renovations and mechanical upgrades at 17 different middle and high schools throughout the district. NUCLEAR TACTICAL TRAINING CENTER - 2012 TO 2014 Project Total: $4.6 million construction of ground up, 14,000 SF Nuclear Security Tactical Training Center on a 7 acre site for the USAF in Wyoming. EPA SUPERFUND PROJECT– LIBBY MONTANA ASBESTOS REMEDIATION- 2011 TO 2012 Project Total: $175 million Duration: 5 years. Remediation of over 50 contaminated sites throughout the town of Libby PETERSON AFB CHILD DEVELOPMENT CENTER - COLORADO SPRINGS -2009 TO 2011 Project Total: $8.6 million Duration: 18 months. Ground up construction of a 22,000 SF single story learning center for enlisted personnel raising families at Peterson AFB SHOCK CITY STUDIOS, ST. LOUIS, MO 2007 TO 2008 Project Total: $7.8 million. Duration: 12 months Lead and Asbestos remediation and total renovation of a 100 year old Ice and Fuel warehouse into a state of the art audio recording studio. MARK HUNTER PROJECT MANAGER Mark Hunter has over 50 yearsofconstructionexperienceasaframingcarpenter, finish carpenter, project manager, carpenterforeman, field engineer, estimator, preconstruction managerandcontractorincommercial , retail, medical, K-12, environmentalandfederalmarkets. He hasexperiencewithground-up, tenantimprovements, exterior and interior renovations, historic renovations, military construction and one-of-a- kind restaurants. Mark manages multiplehighereducationconstructionprojectsforWhitestonewiththeattentiontodetailandanalysistoassuretimelycompletionwithsuperiorworkmanshipwhileexceedingclientsatisfaction References Michael A. Zambrana Owner / CEO Pangea Group Inc. 2604 South Jefferson Avenue St. Louis, MO 63118-1505 (314) 333-0600mzambrana@pangea-group.com Ty Melton Melton Design Build 3082 Sterling Circle Boulder, CO 80301 ( 303) 473-9542 EDUCATION AND TRAINING St. Louis Community College – Architectural Design and Drafting, Engineering coursework. University of Missouri – BusinessandAccounting Denver Class B Contractor’slicenseandSupervisorCertified 6 PROJECT EXPERIENCE ECCR Lab Renovation, University of Colorado – Boulder, CO Project Total: $1.1 Million, Duration: 6 Months Complete renovation of existing 6,000 SF office/lab space. Demolition of existing space and complete tenant finish build out of 14 offices/conference rooms and open lab space. Add new fan coil units, fin tube radiant heaters, HVAC VAV’s, electrical transformer & panels, and tie-in campus/building MEP systems throughout. UMC- Replace Flooring and Sewer Line, University of Colorado Project Total: $689,000, Duration: 5 Months Off-hours removal and replacement of 15,000 sf of LVT flooring throughout occupied student building on 3 different floors. Installation of 6 solid surface floating countertops in dining room around columns and back wall, while maintaining full dining room operations. Replace damaged underground main sewer line. Event Center Floor Settle, University of Colorado – Boulder, CO Project Total: $583,000, Duration: 4 Months Remove and replace 40’ of damaged 12” underground storm sewer line on concourse level in occupied basketball arena. Excavation 16’ down, requiring trench box and other trench safety engineering controls. Resin pipe lining on 100’ existing pipe. Wrestling Locker Room, Colorado School of Mines – Golden, CO Project Total: $310,000, Duration: 3 Months Renovation of existing men’s locker room. Work included re-routing plumbing under concrete slab on grade for new shower and restroom layout, add fire alarm system for redesigned egress pathway, and epoxy flooring installed throughout. EDUCATION AND TRAINING Project Management Professional (PMP) Construction Management Certificate | Colorado State University Certified ScrumMaster (CSM) | Scrum Alliance OSHA 30 Hour Construction Safety Certification | HP&P Safety Bachelor of Arts in Communication | University of Washington ANDY MAGGED PROJECT MANAGER Andy Magged has over 15 yearsofconstructionexperienceasaprojectmanager, superintendent, fieldengineer, estimator, and carpenterincommercial, retail, medical, residential, and more. He has experience with ground-up, tenant improvements, exteriorandinteriorrenovations, historicrenovations, and one-of-a-kindrestaurants. Andy manages multiplehighereducationconstructionprojectsforWhitestonewiththeattentionto detail and analysis to assure timely completion withsuperiorworkmanshipwhileexceedingclientsatisfaction. Andy focuses on UniversityofColoradoBoulderremodelingandconstructionprojects. References TrishaHallerbergUniversityofColorado, BoulderFacilitiesManagementProjectManagertrisha.hallerberg@colorado.edu Josh Mayeda-JonesOSMPCityofBoulderProjectManager mayedajonesj@bouldercolorado.gov 7 WCS - TOWN OF ESTES PARK ON-CALL GENERAL CONTRACTING SERVICES 5. organizational qualifications 8 Experience & Proven Performance Whitestone’s managers have over 200 years of combined experience as estimators, project managers, and superintendents. We specialize in working in occupied facilities and secure areas, so our clients can continue normal business operations during construction. Whitestone’s disciplined approach and diverse experience ensure every project is delivered eff iciently, economically, and with uncompromised quality. With over 25 years of proven experience, Whitestone Construction Services (WCS) delivers expert planning and management for tenant improvement, renovation, facility upgrade, remodeling, and emergency repair projects. Our clients trust us to address tenant transitions, regulatory changes, and operational challenges with eff iciency, precision, and f iscal discipline. Key Strengths: Comprehensive Services: Expertise in project planning, permitting, and construction management f rom concept to completion. Client-Focused Approach: Proven ability to navigate tenant transitions, complex approvals, and operational constraints. Diverse Portfolio: Successful delivery of projects in: o Restaurants and retail spaces o Commercial off ices o Multi-family and mixed-use developments o Research and medical facilities o Green building and sustainable design o Historic preservation and civil construction Technical Expertise: Up-to-date knowledge of jurisdictional requirements and evolving building codes. Value Engineering: Continuous focus on cost savings, constructability, and schedule optimization. Sustainable Practices: Commitment to environmentally responsible methods and long-term performance. Quick Facts: Legal Business Name: Whitestone Construction Services, Inc. Address: 5375 Western Ave. Boulder, CO 80301 Contact Person: Justin Blais, President Phone Number: 303-661-0613 Years in Business: 25 (23 under current business entity) Whitestone Construction Services, Inc. has never been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency f rom doing business with the Federal Government WCS - TOWN OF ESTES PARK ON-CALL GENERAL CONTRACTINGSERVICES9 WCS Competitive Advantage for the Town of Estes Park Whitestone Construction Services proudly partners with multiple municipalities and educational institutions as a Standard Operating Contractor (SOC), delivering projects on demand and under some of the most challenging schedules. Our extensive experience managing fast-track projects with tight deadlines and short notice has honed our ability to respond quickly, plan eff iciently, and perform with precision. We value the trust placed in us by our long-term SOC clients and take great pride in the lasting relationships and successful outcomes built through these partnerships. Key SOC Clients: City of Boulder City of Thornton City of Westminster University of Colorado Boulder The following billing summary highlights the volume of work Whitestone Construction Services has completed for the University of Colorado, Boulder over the past several years. 6. PRIOR PROJECT EXPERIENCE WCS - TOWN OF ESTES PARK ON-CALL GENERAL CONTRACTINGSERVICES10 Interior demolition and renovation of a f ree-standing public restroom facility. Replaced all surfaces, f inishes, plumbing and electrical f ixtures plus roof top skylight renovation. Client: Town of Estes Park Contract Value: $247 K Client Contact: Derek Pastor dpastor@estes.com; 970-586-5331 Completed: November 2024 Project Manager: Mark Hunter Superintendent: Mike Murcin Subcontractors: Nothnagle Plumbing, Colorado Specialties, Colorvision Painting, NS Electric Challenges: Sunk flooring identif ied after award needed to be foam jacked. Skylight roof panels and flashing needed onsight design to ensure proper function. Tregent Park Restroom Renovartion Thornton Civic Center Handrail Replacement On-Call support services - Support services to replace handrails for main entrance of the Civic Center. Client: City of Thornton Contract Value: $15 K Client Contact: James Tully Jim.Tully@thorntonco.gov; 303-538-7214 Completed: November 2024 Project Manager: Randon Brewster Superintendent: Randon Brewster Subcontractors: YC Concrete & Metal Work Challenges: Work area had to remain open to public, so WCS took extra precautions when it came to signage and safety. We also successfully matched existing paint that was f rom the early 1980s. WCS - TOWN OF ESTES PARK ON-CALL GENERAL CONTRACTINGSERVICES11 On-Call support services - Support services to replace ADA chair lift inside of Thornton Chamber Client: City of Thornton Contract Value: $50 K Client Contact: Jim Tully Jim.Tully@thorntonco.gov; 303-538-7314 Completed: November 2024 Project Manager: Randon Brewster Superintendent: Angel Kastruita Subcontractors: Morningstar Elevators, Lissome Interiors Challenges: The Chamber ’s daily use made scheduling a ten-day shutdown challenging. Our team maintained a clean, organized site at all times to allow for immediate use if an emergency meeting was called. Thornton Chamber ADA Lift Replacement Jefferson County Jail - On Call Work On-Call support services - Support services to enlarge and replace flooring in the weight room. Client: Jefferson County Contract Value: $40 K Client Contact: Steven Spirek sspirek@co.jefferson.co.us; 720-618-2517 Completed: October 2025 Project Manager: Tom Rzepka Superintendent: Rick Burns Subcontractors: K&C Drywall, Lissome Interiors Challenges: Work in the active jail required careful planning and coordination. All personnel were escorted, and tools were inventoried daily to maintain security. To avoid delays, our team ensured all necessary resources were onsite before work began each day. WCS - TOWN OF ESTES PARK ON-CALL GENERAL CONTRACTINGSERVICES12 On-Call support services - Support services to replace flooring in the basement of UMC Client: University of Colorado, Boulder Contract Value: $271 K Client Contact: James Wollum James.wollum@colorado.edu; 303-905-2299 Completed: October 2024 Project Manager: Andy Magged Superintendent: David Lucero Subcontractors: C3 Interiors, Tharp Custom Cabinetry, Legacy Mechanical, Arlington Electric Challenges: Flooring scope doubled after project start and changed f rom regular time to off-hours. We increased manpower and accommodated change in working hours to f it the client’s needs. UCB000528 FLMG Rm 155- Classroom Renovation Fire sprinkler, electrical and mechanical upgrades in the School of Education Fleming Building. Addition of a f ire sprinkler system to (6) off ices and (1) open classroom. Upgrading lighting and HVAC, and installing new ACT throughout Client: University of Colorado, Boulder Contract Value: $150 K Client Contact: Trisha Hallerberg trisha.hallerberg@colorado.edu; 720-641-4266 Completed: January 2025 Project Manager: Andy Magged Superintendent: Rick Burns Subcontractors: Frontier Fire Protection, Beyond 9 Interiors, Legacy Mechanical, Rose Electric Challenges: CU’s Project Manager engaged WCS after the existing GC fell behind schedule. The project required completion within six weeks in an occupied building. WCS expedited f ire sprinkler engineering and installation, delivering the project on time and to CU’s standards. UMC Replace Flooring 1st, 3rd and 4th Floors PROJECT EXPERIENCE THE PEARL AT BOULDER CREEK Project Total: $2,504,000.00 - Duration: 12 months (ongoing). Multi-Phase full renovation to luxury assisted living facility in Boulder, Co. Project is phased out to accommodate residents’ comfort and to provide minimal impact to operation of facility. Project is under jurisdiction of State Health Department. UCB FLMG 160/260 FIRE SUPPRESSION MODIFICATION Project total: $149,396.00 – Duration: 7 Weeks. Modifications to the fire sprinkler system in the Fleming Building to add fire suppression capability to rooms 160 and 260. Project scope also included a new grid ceiling, light fixtures, carpet, new drywall and paint. BOWLERO - HEATHER RIDGE Project Total: $774,690.00 - Duration: 3 months. Full renovation of kitchen and bar. Provided temporary kitchen to mitigate impact to business operation during construction. LUCKY STRIKE NORTHFIELD Project total: $4.5 Million - Duration: 14 months. Full renovation of 33,000 SQFT facility with 30 bowling lanes, 50 arcade games, full bar and commercial kitchen. PROJECT MANAGER – DESIGN STUDIO INTERIOR SOLUTIONS Provided coordination between Architects, Designers, Property Owners and General Contractors for dozens of designer quality luxury residential remodels throughout the Front Range area. EDUCATION AND TRAINING OSHA 30 Safety Certification 2-Hour Asbestos Training EPA 608 Universal Certification RICHARD BURNS PROJECT SUPERINTENDENT Rick has been in construction for 10 years with a focus onElectricalandHVAC. He worked his wayupthroughthetradesbeginningasanelectricalapprenticeandnowhasmorethan6yearsofsupervisoryexperienceacrossmultipledisciplines. Rick joinedWhitestoneConstructionServicesin 2023 asaProjectSuperintendentwherehehasbeenabletoleveragehis experience working withMEPcontractorsandArchitectstoprovideseamlesscommunicationbetweenstakeholdersandthefieldcrews. References Dylan Deeds Head of Marketing - JuniperOverlandDylandeeds@gmail.com818-309-8147 RyanLaddOwner – RCLPlumbingRCLPlumbing@gmail.com970-218-0703 JosephDoplerOwner/PM – Hometown Electric Joseph@hometownelecservices.com303-264-8562 13 PROJECT EXPERIENCE CU BOULDER LIBBY HALL MAINTENANCE Over $2million CMGC contract including Upgrade interior hallways with floor coverings and paint. Repair roofing, install new gutters. Install two new ADA suites with private bathrooms. Upgrade fire alarm system. CU BOULDER COCKERELL, CROSMAN, AND REED HALL MAINTENANCE Perform Bldg. Envelope Maintenance and Interior upgrades on all (3) halls, each with three levels and over 20,000 square feet of assignable space. Scope included roof repair and gutter replacement, flashing replacement, heat trace cabling into BAS system, abatement, stone siding restoration, MEP, paint UNIVERSITY OF NORTH DAKOTA, GRAND FORKS “SKY BRIDGE” An over-the-road pedestrian bridge connecting the Engineering Wing to the Main Campus Building. Requiring very strict guidelines and strict adherence to safety within an occupied campus and over fully functional roadway. Mr. Murcin was the Lead Foreman and Certified Operator to complete this multi- million-dollar project. Severe temps and tedious schedules deemed round the clock work and intimate collaboration with the University and the City for a successful completion. PRINCIPAL GLOBAL& CORUM REAL ESTATE GROUP The Station at Riverfront Park Construction Defect Restoration Worked with Lawyers, Engineers, Forensic Engineers, Architects, and Owner’s Rep. to Plan, Initiate and Execute a 14.4 million Large Reconstruction Project. The project consisted of (3) Four-Story Multi- Family, Fully Occupied Buildings in Downtown Denver. Mr. Murcin spearheaded this project from start to finish over a 2 year period. Full EFIS R&R, Full Window and Door R&R, Paver & Pedestal System Repairs with Waterproofing System Replacement -to major Structural Rot Replacement. EDUCATION AND TRAINING Certified Heavy Equipment Operator EPA Lead RRP Certification Class B ICC General Contracting License LEED GA Certified, USBC Bldg. Const./Business Mgmt. Graduate MICHAEL MURCIN PROJECT SUPERINTENDENT Michael Murcin retains over25yearsofconstructionexperiencewithaconcentrationand proficiency managingprojectswithinoccupiedspaces, i.e. -theMulti-Family, Commercial, andInstitutionalsectors. Michael has been immersed the last decade primarily onlargeReconstructionProjects. Inpartworkingwithforensicengineersandownershipgroupstoexecutein- depth building degradation, extensive buildingenveloperestoration, water intrusion, waterproofing systems, andoverallbuildingrenovationsaslargeas$ 14million. As the Sr. Project SuperintendentatWhitestoneConstruction, Mr. Murcin brings a broad breadthofknowledgeandexpertisetointricateprojectswhereasholdingSafety, Schedule, Cost, andCommunicationparamount. WithSiteSafetyTraining, Michaelprovidesanin-depth analysisofControlledAccessZones, Staging, and overall Site Safety. HecomplimentsandworksverywellinaugmentingandmodifyingthesewiththeOwner, Owner’s Rep, EOR, AOR, Third Parties, etc. - to ensure a smooth andsafeprojectisexecutedinatimelymannerwithexceptionalquality. References Patricia McNally-LeefProjectManager - CU 720-563-7083Patricia.mcnallyleef@colorado.edu DonaldSeeleyLTC-1 Manager CZ Operations -CU303-591-1346Don.Seeley@colorado.edu 14 NAME ROLE Mark Hunter Project Manager Park McNair Project Manager Andy Magged Project Manager Jennifer Burgess Project Manager Tom Rzepka Project Manager Randon Brewster Project Manager Tyler Faller - Thornton Superintendent Tony Hernandez - Brighton Superintendent Michael Murcin - Erie Superintendent Matt Roper - Arvada Superintendent Rick Burns - Thornton Superintendent Angel Kastruita - Monument Superintendent Justin Anderson - Platteville (F)Superintendent Timberline Mechanical Subcontractor Hindsight Electric Subcontractor Breakers Electric Subcontractor Bruce Mechanical Subcontractor Phillips Plumbing Subcontractor 5 Star Mechanical Subcontractor Lissome Interiors Subcontractor Beyond 9 Subcontractor EXHIBIT 3 - CONTRACTOR’S PERSONNEL AND SUBCONTRACTOR LISTING Add rows as needed. Non Exhaustive List We utilize multiple subs throughout Northern Colorado based on project scope ADDENDUM NO. 1 PROJECT NAME: ON-CALL GENERAL CONTRACTING SERVICES 1 PRE-PROPOSAL MEETING FOLLOW-UP, QUESTIONS/RESPONSES, CHANGES, ADDITIONAL INFORMATION Pre-Proposal Meeting held on October 21, 2025 Prepared by: Derek Pastor, Project Manager TOWN OF ESTES PARK PUBLIC WORKS DEPARTMENT 170 MACGREGOR AVE ESTES PARK, CO 80517 Attachment 11 ADDENDUM NO. 1 PROJECT NAME: ON-CALL GENERAL CONTRACTING SERVICES 2 Date of Issue: October 29, 2025 Addendum No. 1 shall become part of the Bid Documents and Scope of Work as if originally included. This addendum and related documents/attachments will supersede related information in the original Bid Documents and Scope of Work. The documents for this project shall be amended as required by the following items. In order to bid on this project, the Contractor must acknowledge receipt of this Addendum No. 1 with the completion of the Bid Proposal Form included in the Invitation to Bid. QUESTIONS / RESPONSES ITEM NO. 1 Question: Will these services be restoration as well as construction? Response: Yes; this is intended for any/all general contracting services within the parameters identified in the RFQ. ITEM NO. 2 Question: Will there be bond requirements? Response: Each project will be handled individually. As such bond requirements will be identified during the cost estimating for each project request. Typically, there will be a Labor and Materials Bond and a separate Performance Bond, both for 100% of the project cost. ITEM NO. 3 Question: Are there currently any projects/needs planned for 2026? Response: Not at this time. ITEM NO. 4 Question: Are any Design/Build projects anticipated as part of this on-call status? Response: At this time, we do not have any confirmed projects. However, there could be situations where a Design/Build project could be beneficial (if it fits within the parameters of this RFQ) ADDENDUM NO. 1 PROJECT NAME: ON-CALL GENERAL CONTRACTING SERVICES 3 ITEM NO. 5 Question: For the pricing form: is there any specific level of detail you’re looking for beyond the requested rate? for any new project. This pricing request is to help the Town in evaluating one of several aspects of the RFQs received. ITEM NO. 6 Question: Can you confirm whether performance and payment bonds will be required for each task order, and if so, at what thresholds? identified during the cost estimating for each project request. Typically, there will be a Labor and Materials Bond and a separate Performance Bond, both for 100% of the project cost. ITEM NO. 7 Question: Do you want us to include proof of bonding capacity now, or just confirm that we meet the requirement? is sufficient. ITEM NO. 8 Question: It looks like multiple firms may be selected, is there a target number you’re planning to award? ITEM NO. 9 Question: Will there be any interviews or follow-up discussions after written submissions, or are selections based solely on the RFQ submittal? number of proposals received and the subsequent rankings, interviews could ADDENDUM NO. 1 PROJECT NAME: ON-CALL GENERAL CONTRACTING SERVICES 4 scheduling will be coordinated with those candidates. ITEM NO. 10 Question: How will task orders be assigned once the list is established? Response: The Town will initiate contact with a general contractor about the new project, scope of work, etc… Once the proposal has been received and determined the project can move forward within the approved budget, a Notice to Proceed will be sent to the contractor. ITEM NO. 11 Question: Can you please clarify what subcontractors should be listed, if any? Response: Understanding that general contractors utilize multiple subcontractors (and usually more than one within the same trade), please provide the Town with a list of your preferred subcontractors commonly used (including, but not limited to – electrical, plumbing, mechanical, paint, drywall, flooring, cabinetry, etc…) ITEM NO. 12 Question: The proposal submission requirements state pfetherston@estes.org is the preferred email. Is this supposed to be dpastor? Pastor – dpastor@estes.org Additional Attachments included with this Addendum (if any): Pre-proposal Meeting attendance roster END OF ADDENDUM NO. 1 Name Derek Pastor Office #970-577-3957 Company:Town of Estes Park Cell #972-998-9307 Address:170 MacGregor Ave Email dpastor@estes.org City, State, Zip Estes Park, CO 80517 Estes Park, CO 80517 Superior, CO 80027 Loveland, CO 80538 ON-CALL GENERAL CONTRACTING PRE PROPOSAL MEETING ATTENDANCE ROSTER TUESDAY, OCTOBER 21, 2025 Page 1 of 3 Name Nik Foster Office #303-661-0613 Company:Cell # Address:Email nikf@whitestone-construction.com City, State, Zip Name Jeremy Carter Office # Company:Sentinel Management / Touchstone CBS Cell # Address:Email City, State, Zip Name Derek Cohen Office # Company:Hausman Build Cell # Address:Email Derek.cohen@hausmann.build City, State, Zip Name James Zack Office # Company:DS Constructors Cell # Address:Email jzack@dsconstructors.com City, State, Zip ON-CALL GENERAL CONTRACTING PRE PROPOSAL MEETING ATTENDANCE ROSTER TUESDAY, OCTOBER 21, 2025 Page 2 of 3 Name Karl Schmidt Office #970-371-1604 Company:Class Contractors Cell # Address:Email karl.clacont@gmail.com City, State, Zip Name Gary Shironaka Office #970.353.6964 Company:Growling Bear Cell # Address:Email bid@growlingbear.com City, State, Zip Name Landon Rankin Office #970-667-3698 Company:Ranack Corp Cell # Address:Email landon@ranack.com City, State, Zip Name Brett Harding Office # Company:First Point Construction and Restoration Cell # Address:Email City, State, Zip ATTENDANCE ROSTER TUESDAY, OCTOBER 21, 2025 ON-CALL GENERAL CONTRACTING PRE PROPOSAL MEETING Page 3 of 3 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Paul J. Fetherston, Director Department: Internal Services Department Date: March 24, 2026 Subject: Resolution 30-26 Approving Terms and Conditions for an Efficiency Works rebate for LED lighting replacement completed at Town Hall Type: Resolution Objective: Town Board consideration and action approving terms and conditions for an Efficiency Works rebate for LED lighting replacement completed at Town Hall Present Situation: Effective January 1, 2025, the Colorado Clean Lighting Act prohibits the manufacture, distribution or sale of linear fluorescent lamps and compact fluorescent lamps within the state. While supplies are still available outside of Colorado, the move to LED lighting is an initiative that the Town has been working towards its facilities. LED lighting offers improvements from several perspectives including safety (no mercury), sustainability (use significantly less energy and last longer), and fiscal sustainability (higher upfront cost which pay for themselves). To support the conversion of Town Hall facility lighting to LED, the Facilities Division secured a vendor to replace 133 light fixtures at a cost of $9,975. The work has been completed and the invoice paid. Based on the work completed, the full cost of the vendor work is eligible for rebate through Platte River Power Authority’s (PRPA) Efficiency Works program. The remaining fluorescent lights in Town Hall will be addressed over time by the Facilities Division team. Proposal: Based on review by the Town Attorney, there is no policy that currently authorizes staff to sign this agreement required by PRPA to secure the rebate. The proposal is to seek Town Board approval of terms and conditions for an Efficiency Works rebate for LED lighting replacement completed at Town Hall. Advantages: • Significant energy savings in that LEDs typically use 40-70% less electricity. • Lower maintenance costs based on the longer lifespans of LEDs thereby reducing maintenance staff time and costs. • Better environmental performance since LEDS do not contain mercury making disposal simpler and reducing environmental risks. • The full cost of the vendor installation can be offset by the rebate. Disadvantages: • Potential disruptions during installation – which was avoided by having the work completed during off-hours. • Lighting changes often require time for occupants to adjust. Action Recommended: Town Board approving the terms and conditions for an Efficiency Works rebate for LED lighting replacement completed at Town Hall. Finance/Resource Impact: If approved, the rebate will be deposited back into the Facilities Fund from which the vendor invoice was paid. The replacement project is projected to result in long-term energy savings and lower maintenance costs. Level of Public Interest: There is public interest in the Town’s efforts to implement initiatives that are fiscally and environmentally sustainable. Sample Motion: I move for the approval/denial of Resolution 30-26. Attachments: 1. Resolution 2. PRPA Efficiency Works Incentives and Request for Payment Terms and Conditions 3. PRPA Rebate Summary Report RESOLUTION 30-26 APPROVING TERMS AND CONDITIONS FOR AN EFFICIENCY WORKS REBATE FOR LED LIGHTING REPLACEMENT COMPLETED AT TOWN HALL WHEREAS, the Town secured a vendor for the replacement of existing fluorescent lighting with LED lighting in portions of Town Hall at a cost of $9,975 and desires to receive a rebate for such work through the Platte River Power Authority’s Efficiency Works program; and WHEREAS, the proposed rebate is for $9,975; and WHEREAS, the payment for the completed work subject to rebate was made through the Facilities Fund and the rebate will be returned to the Facilities Fund. 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 Efficiency Works Incentives and Request for Payment Terms and Conditions referenced in the title of this resolution in substantially the form now before the Board. DATED this 24th day of March, 2026 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 1 of 3 Revised 1.2026 Efficiency Works Incentives and Request for Payment Terms and Conditions Participant acknowledges that the Efficiency Works program (“Program”) is a partnership between Platte River Power Authority (“Platte River”) and its owner communities of the Town of Estes Park, the City of Fort Collins, the City of Longmont and the City of Loveland (“Owner Communities”). Platte River manages the Program. By participating in the Program, you acknowledge and agree that your customer data may be shared among the Owner Communities and third-party Program implementors for a variety of purposes. Customer data may include, but is not limited to, name, address, contact information, account number, utility usage data as well as details regarding your participation in the Program or other programs and services offered by Platte River or the Owner Communities. These details may include, but are not limited to, audit results, rebate amounts, and products purchased related to participation. Purposes for which your customer data may be shared or used include, but are not limited to, determining your eligibility for the Program, Program administration, marketing, quality control, providing you with products or services you request, offering you products or services that may be of interest to you, or analyzing your utility usage. Platte River and the Owner Communities may not have control over your customer data and cannot guarantee that it will remain confidential. You acknowledge that you are the owner of the property receiving Program services, or are otherwise eligible to receive Program services, and that you are authorized to consent to the disclosure of the data as specified in this form (“Participant”). 1.To be eligible for electric incentives the project site must be an [RESIDENTIAL/COMMERCIAL] electric customer of Estes Park Power and Communications, Fort Collins Utilities, Longmont Power & Communications, or City of Loveland Utilities. 2.I have read, understand, and agree to all terms and conditions of the project application, participant eligibility, measure eligibility, and participation procedures for the program outlined in this application and in the applicable program guide. 3.The Participant hereby certifies that this project has been completed to his or her satisfaction, and that this application accurately portrays the project. In particular, the equipment is operational; the application accurately describes the existing and new equipment; all equipment quantities are correct; and the attached invoices accurately reflect the project costs. 4.Participant acknowledges that program procedures, requirements and incentive levels are subject to change or cancellation without notice. 5.Incentive values are based on a combination of projected energy impacts or wattage reduction, estimated product costs, necessary values to encourage market participation and estimated installation costs of the upgrades. 6.Upon reasonable request, Platte River or Owner Communities’ representatives will be allowed access to the site listed in the application to verify equipment installation, characteristics, quantities, and/or performance. 7.The participant understands that Platte River or its Owner Communities cannot pay more than 100% of the project cost for qualified measures. 8.Participant shall reimburse Platte River a pro-rated portion of the incentive should Platte River find, in its sole discretion, that the project has been altered in such a way that its energy savings are reduced. Pro-rating shall be done based on the reduction in energy savings and the incentive rates originally used to determine the incentive. This reimbursement obligation shall remain in effect for two years following the date of the request for payment. If the Participant feels that the project scope needs to be changed in order to maintain adequate system performance, such changes should be made and included in an updated application before submitting the request for payment. All financial obligations of the Participant under these terms and conditions are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 9.Platte River and its Owner Communities reserve the right to claim and own any environmental attribute credits (“Credits”) resulting from the contractors’ projects receiving a benefit or cash incentive from Platte River and/or its Owner Municipalities. Credits include any credits, credit certificates, efficiency credits, white tags, carbon or greenhouse gas credits, offsets, or allowances, and environmental air quality credits, offsets, allowances. Credits do not include any state tax credits, investment tax credits, and any other tax credits or tax benefits that are or will be generated by or related to the project. 10.For the avoidance of doubt, you agree that Platte River does not provide any guarantee or warranty with respect to the products or services, including, without limitation, any guarantee or warranty that the products or services will result in impacts to energy usage or cost implications. Platte River makes no warranties for materials provided by or work performed by Participant’s contractors, vendors, consultants, or Participant’s own employees. Platte River is not responsible for errors in or misrepresentations of the incentive amount by contractors, consultants, or vendors. 11.Participant is responsible for securing any permits for work funded through this program as required by local codes. Participant shall comply with all applicable federal, state, and local regulations, ordinances, and statutes. 12.Participant agrees to ensure that potentially hazardous or regulated wastes (e.g., PCB-containing ballasts, fluorescent lamps, high-intensity discharge lamps, refrigerants, batteries, etc.) are handled and disposed of in compliance with applicable federal, state, and local laws and regulations. 13. Participant and Platte River shall respectively remain lawfully liable for any tortious actions by them, their board members, directors, officers, employees, partners, principals, contractors, agents, and representatives, for any and all claims, costs, damages, demands, expenses, fines, judgments, liabilities, losses, penalties, and remedial actions of any kind, including but not limited to, reasonable attorneys' fees and the costs of defense arising, directly or indirectly, in whole or in part, out of Participant participation in the Program, the performance of the measures, or the provision of assistance and incentives by Platte River related to the Program. Attachment 2 Page 2 of 3 Revised 1.2026 14. Incentive funds will be reserved for no more than 45 days beyond the estimated completion date listed in this application and no more than 45 days beyond building occupancy for new construction/major renovation projects Participant shall notify Platte River immediately if completion of the project is expected to be delayed beyond this time. Platte River will seek to provide funds for projects that are delayed, provided such funds are available, but is under no obligation to do so. 15. Participant shall require that all parties, contractors, or subcontractors implementing the proposals and/or installing the measures that are the subject to this Agreement maintain comprehensive general liability insurance in amounts not less than $500,000 each person / $1,000,000 each occurrence for bodily injury, and $500,000 each occurrence / $1,000,000 in aggregate for property damage. If the Participant is implementing the proposals and / or installing the measures, the Participant shall maintain insurance in the amounts specified herein. 16. Participant acknowledges that neither Platte River or its consultants are responsible for the calculation, collection, or distribution of any tax credits, tax deductions, or third-party rebates that you may be eligible to receive for energy efficiency or renewable energy measures, and that neither Consultant nor Platte River can or have given any advice regarding Federal or state tax consequences. 17. Participant agrees to receive future correspondence via information listed in this application regarding Program offerings. 18. Platte River and/or its representatives may include a description of this project, including the nature and extent of Participant’s participation and other project details in its case studies, brochures, press release, its web site advertisements and other marketing materials presented to the public. 19. These Terms and Conditions, any Program manuals and any other application forms submitted by the Participant constitute the entire agreement between the parties concerning the subject matter hereof. No prior representation, promises, statement, warranties, understandings, or agreements concerning the subject matter hereof shall modify or effect these Terms and Conditions. 20. Incentive payments provided by utilities (including Platte River) to commercial entity participants for the purchase or installation of upgrade measures or reimbursement of costs associated with training activities obtained by the commercial entity from a third-party (or utility) may in some circumstances be considered as (partially) taxable income by the IRS. Participants or their assigns receiving incentive payments totaling $600 or more during a program year and who are not organized as a corporation will receive a 1099-MISC in January or February of the subsequent year. Utilities are not responsible for tax payment obligations or tax advice and participant (or their assigns) who receive incentives should consult a tax advisor on this matter. Additional acknowledgements applicable only to participants of the residential retrofit program: 21. Incentives are based on adherence to Platte River’s installation standards performed by a qualified provider, in its sole discretion if Platte River finds these to be different from the values shown in the application, Platte River will provide notification of the difference and give the Participant, provider, contractor, or vendor an opportunity to request review of the findings or to remedy the discrepancy before adjusting the rebate. 22. Payment will be made payable to the owner of the property benefitting by the work, or any participant that has authority to make upgrades to the property or their third-party designee such as a contractor. Post improvement carbon monoxide and ventilation disclosure for residential retrofit program: 23. I understand that indoor air quality is tied to building envelope tightness and that mechanical ventilation will often improve indoor air quality. Further information on mechanical ventilation strategies and rates are available from an Efficiency Works advisor. 24. I understand that if my home has an attached garage the following is true. There are air pathways between my garage and my house that I should attempt to get air sealed to improve my indoor quality. 25. If an Efficiency Works Homes assessment was performed, it and all related inspections is not anticipated or intended to be a safety inspection, nor a complete or thorough investigation of the conditions of the home or property, and that the purpose of the assessment and/or inspection(s) is not to determine whether the home or property is or will be safe or suitable for occupation, but rather is intended to assist me in identifying potential energy efficiency measure for my home that Participant may choose to further investigate. Additional acknowledgements applicable only to participants of the Business and Multifamily program: 26. Incentive values are based on a combination of projected energy impacts or wattage reduction, estimated product costs, necessary values to encourage market participation and estimated installation costs of the upgrades, which may be found by Platte River, in its sole discretion, to be different from the values shown in the application. If this occurs, Platte River will provide notification of the difference and give the Participant, contractor, or vendor the opportunity to ask for a review of the findings or to remedy the discrepancy before adjusting the incentive. 27. For projects that required pre-approval before installation, small changes in the project scope are expected and do not require any action until the project is completed. However, if anything changes that will significantly affect the total incentive amount (more than 10%), you should contact Platte River for an updated approval if budgets are available. Incentive Page 3 of 3 Revised 1.2026 amounts will not be increased simply because the cost of materials or labor has increased, when existing fixtures were found to have higher wattage or new fixtures were determined to have lower wattage than listed in the approved application, unless such changes also result in changes in the project scope and/or cost (e.g., PCB ballast recycling costs, more fixtures retrofitted or replaced, etc.). If you are unsure how changes in your project might affect your incentive, contact Platte River for assistance. Town of Estes Park Approved as to Legal Form *Rebates are not guaranteed and are subject to change. Total incentives may be limited by project cost or annual customer cap. Electric incentives greater than $50,000 and water incentives greater than $5,000 are subject to additional program requirements and limitations. Energy and cost savings are estimated based on the supplied information and generalized rates and are not guaranteed. This summary reflects the project as submitted by the service provider listed above and is subject to changes based on product eligibility, scope, and application submission dates Efficiency Works is a collaboration of common efficiency programs between the utilities of Estes Park Power & Communications, Fort Collins Utilities, Longmont Power & Communications, Loveland Water and Power and Platte River Power Authority. Efficiency Works Business team can be contacted at 970-229-4823 or businesss@efficiencyworks.org Prescriptive rebate summary Prepared for:Prepared by: Estes Town Hall 170 Macgregor Ave Estes Park, CO 80517 rschumaker@estes.org, 970-231-1309 Rocky Mountain Wiring 210 Ken Pratt Blvd Ste: 140 Longmont, CO 80501 billy@rockymountainwiring.com, 480-980-7690 Application number: EWBi_2025_154494 Prepared on: 02/02/2026 Financial benefit | | | | | | | | | | | | | | | | | Summary Efficiency Works provides incentives to reduce your upfront cost. Receive a total rebate of*: $9,975 Cost before incentive Cost after incentive* $9,975 $0 Reduce your annual electric costs by*: $2,736 Payback (electricity savings)*: 0.0 years Reduce your annual electricity use by*: 21,546 kWh Attachment 3 *Rebates are not guaranteed and are subject to change. Total incentives may be limited by project cost or annual customer cap. Electric incentives greater than $50,000 and water incentives greater than $5,000 are subject to additional program requirements and limitations. Energy and cost savings are estimated based on the supplied information and generalized rates and are not guaranteed. This summary reflects the project as submitted by the service provider listed above and is subject to changes based on product eligibility, scope, and application submission dates Efficiency Works is a collaboration of common efficiency programs between the utilities of Estes Park Power & Communications, Fort Collins Utilities, Longmont Power & Communications, Loveland Water and Power and Platte River Power Authority. Efficiency Works Business team can be contacted at 970-229-4823 or businesss@efficiencyworks.org Estimated Measure Savings Proposed Measure Quantity Demand (kW) Electricity (kWh /year) Water (gal /year) Cost ($ /year) Potential Rebate* Potential Bonus* Potential Total Rebate* LED Troffer/Panel 2X4 Fixture 133 fixture 7.20 21,546 0.0 $2,736 $9,975 $0 $9,975 7.20 21,546 0.0 $2,736 $9,975 $0 $9,975 RESOLUTION 31-26 SETTING THE PUBLIC HEARING FOR A NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR ESTES ROOFTOP HUB INC. DBA SOLÉ ROOFTOP CANTINA AND TEQUILA BAR BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a new HOTEL AND RESTAURANT Liquor License, filed by ESTES ROOFTOP HUB INC. DBA SOLÉ ROOFTOP CANTINA AND TEQUILA BAR, 165 Virginia Drive, Estes Park, Colorado, is March 9, 2026. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, April 14, 2026, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.15 miles, as measured from the center of the applicant's property. DATED this 24th day of March, 2026 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Paul J. Fetherston, Director Laura Blevins, Grants Specialist Department: Internal Services Department Date: March 24, 2026 Subject: Letters of Support for Community Project Funding through the Congressionally Directed Spending process for the Estes Park Stanley Park Complex Economic Development and Community Infrastructure Project (Funding for Replacement of the Stanley Park Event Center Stall Barns) Type: Letter of Support Objective: Authorization for the Mayor to sign letters of support for community project funding through the Congressionally Directed Spending process for the Estes Park Stanley Park Complex Economic Development and Community Infrastructure Project (funding for replacement of the Stanley Park Event Center stall barns). Present Situation: The approximately 30,000 square feet of existing stall barns is a critical element of Events Center assets that make economic and community cultural contributions to the Estes Park community and region. Constructed 70-80 years ago, the stall barns support livestock shows, agricultural competitions, and other regional events that bring participants and spectators to Estes Park from within the community, across Colorado and neighboring states. The current deteriorating condition of the existing barns no longer meets modern safety, operation, or accessibility standards and limits the Event Center’s ability to host high-quality regional events and remain competitive with other similar facilities. The replacement of these stall barns has been a long-term capital need for which the Town has not had the financial capacity to fund it. Through the annual federal appropriation process, members of the House and Senate are often allowed the opportunity to seek local proposals for funding through the Congressionally Directed Spending process (CDS). The deadline for the House submissions was March 5, with the Senate deadline of March 27. Based on the economic development and community infrastructure impacts this project would have, staff identified this project as a priority for a CDS request. In order to meet the House deadline, the Town submitted a request for funding to replace approximately 30,000 square feet of existing stall barns. On March 19, the Town was informed that its request was selected for submission by Representative Neguse with a deadline for submission of letters of support by March 25. The Town is working to complete the Senate application through Senators Bennett and Hickenlooper, respectively, and is proactively seeking letters of support in the event the Senate request is selected for submission. Proposal: Staff seek Town Board support for this application for Community Project Funding through the Congressionally Directed Spending process (both House and Senate) for the Estes Park Complex Economic Development and Community Infrastructure Project in the amount of $3 million. If the funding request is approved through the Federal appropriation process, this project would include the design and construction of modern, accessible barns, along with associated site improvements to circulation, utilities, and other supporting infrastructure. Through the process, an appropriate location for the barns would be identified that maximizes safety, functionality, operational efficiency, and long-term usability. These improvements would result in better visitor navigation, further strengthening the Event Center’s ability to attract and retain events that generate economic support with the Estes Park community, Estes Valley region and State. Advantages: • Supporting this application will provide the Town with the opportunity to be awarded funding for a critical economic development and community infrastructure project with the support of federal funds. • The Town’s strategic plan goals indicate this project is an unfunded Town priority. • If awarded, the project would support local construction jobs in the short term and increases in economic and cultural opportunities within the community and region through expanded event activity. In addition, improved facilities could attract more events, increasing visitor spending in lodging, dining, retail and services. • If approved, the project could increase the Event Center’s regional competitiveness while retaining long-standing events. Disadvantages: • The Congressionally Directed Funding process is highly competitive. • If awarded, the award amount could be less than the full project cost, which would require the Town to identify funding to complete the important project. • With any grant, the requirements include significant compliance, reporting, procurement, and staff capacity. Action Recommended: Staff recommend that the Town Board authorize the Mayor to sign the letters of support. Finance/Resource Impact: If the full request is awarded, there is no direct financial impact. If less than the full amount is awarded, the Town would need to identify the funds needed to complete the project. Level of Public Interest: There is public interest in the maintenance and reconstruction of facilities and the use of non-local funds to help leverage local funds. Sample Motion: I move for the approval/denial of the Letters of Support. Attachments: 1. CDS House Application 2. Town Board Letter of Support – Representative Neguse 3. Town Board Letter of Support – Senator Bennet 4. Town Board Letter of Support – Senator Hickenlooper Laura Blevins <lblevins@estes.org> Thanks for filling out this form: Rep. Joe Neguse FY2027 Community Project Funding Application 1 message Forms Response Receipts <forms-receipts-noreply@google.com>Thu, Mar 5, 2026 at 8:18 PM To: lblevins@estes.org Thanks for filling out this form: Rep. Joe Neguse FY2027 Community Project Funding Application You’re receiving this email because you filled out the following form using your email address. This form is owned by Office of Congressman Joe Neguse . Make sure you recognize and trust this form before copying or clicking on any links. If it looks suspicious, report it. Here's what was received. Rep. Joe Neguse FY2027 Community Project Funding Application Please read the funding guide on our website before applying. https://neguse. house.gov/community-project-funding Email * lblevins@estes.org General Questions Organization Name * Attachment 1 The Town of Estes Park Please provide the website address of the proposed recipient. * www.estes.org Is the organization a nonprofit or government entity? For-profit entities are ineligible for community project funding. * Nonprofit Government Entity If the organization is a non-profit, please provide its Employer Identification Number. N/A Please provide the address location of the project. * 1125 Rooftop Way, Estes Park, CO 80517 Is the project located in CO-02? * Yes No Other: Contact Person Name * Paul Fetherston Contact Person Phone Number(s) * 970-577-3598 Contact Person Email Address(es) * pfetherston@estes.org Please provide an explanation of the request. (250 word maximum) * The Town of Estes Park is requesting $3 million in federal funding for the Stanley Park Complex Economic Development and Community Infrastructure Project. The project will replace approximately 30,000 square feet of aging stall barns at the Stanley Park Event Center —critical infrastructure that supports livestock shows, agricultural competitions, and other regional events that bring participants and spectators to Estes Park from across Colorado and neighboring states. These events generate important economic activity for Colorado’s Second Congressional District by supporting local lodging, restaurants, retail businesses, and service providers. However, the existing barns that support these events were constructed 70–80 years ago and are deteriorating. Their condition no longer meets modern safety, operational, or accessibility standards and limits the Event Center ’s ability to host high-quality regional events and remain competitive with other facilities. Federal funding will support the design and construction of modern, ADA-accessible stall barns, along with associated site improvements to circulation, utilities, and other supporting infrastructure. The barns will be relocated to a safer, more functional area within the Stanley Park Complex, enhancing operational efficiency and maximizing the long-term usability of the site for regional agricultural and livestock events. In addition, supporting site improvements— such as upgraded exterior lighting, improved circulation, and entrance/wayfinding signage—will enhance safety, accessibility, and visitor navigation, further strengthening the complex’s ability to host events that generate economic activity for the Estes Valley and Colorado’s Second Congressional District. While the funding request does not support events themselves, upgrading this critical infrastructure will ensure the Event Center can continue hosting agricultural and community activities that draw visitors and support the regional economy. This investment will modernize aging public infrastructure while strengthening a community asset that benefits residents, visitors, and businesses throughout Colorado’s Second Congressional District. Please provide an explanation of why this is a good use of taxpayer funds and how this will benefit CO-02. (250 word maximum) * Investing in the Stanley Park Complex Economic Development and Community Infrastructure Project is a responsible use of taxpayer dollars because it strengthens a facility that drives regional economic activity and supports local businesses. The Stanley Park Complex, including the Event Center and supporting livestock facilities, hosts livestock shows, agricultural competitions, and community events that attract participants and spectators from across Colorado and neighboring states. These events generate substantial economic benefits for Estes Park and Colorado’s Second Congressional District, supporting lodging, restaurants, retail businesses, and tourism-related services. The existing stall barns are over 70 years old and deteriorating, limiting the complex’s ability to host high-quality regional events and remain competitive with other venues. Replacing them with modern, ADA-accessible barns will ensure the complex continues to attract major agricultural and community events. Upgrades will include improved lighting, secure doors and hardware, and updated plumbing fixtures with additional water sources to provide safer, cleaner, and more reliable facilities for animals and participants. Supporting potential site improvements, such as exterior lighting and entrance/wayfinding signage, will enhance safety, accessibility, and visitor navigation, further enabling the complex to accommodate large regional events. By modernizing aging infrastructure and improving operational functionality, this project preserves a key public asset while sustaining economic growth throughout Colorado’s Second Congressional District. It represents a strategic investment in a facility that directly generates regional economic activity, strengthens local businesses, and ensures long-term community and tourism benefits, making it a highly effective use of taxpayer funds. What is the amount requested? * $3,000,000 What is the total project cost? If the request does not fully fund the project, please describe where the remaining funding comes from to complete the project. * $3,000,000 Can the project obligate all of the appropriated funds within 12 months after enactment of this funding? * Yes Has the project received federal funds previously? If so, please describe, including the account, amount of funding, and fiscal year. No Please provide the estimated start and completion dates for the project. * The Town can begin construction within 3 months of award. Design and construction will take 3-4 months. This could be started and completed in 2027. Are you requesting another Member of Congress make a request for the same project? If so, who? * Senator Bennet and Senator Hickenlooper Does this project have demonstrated community support? Please describe community support and indicate whether you have letters of support, press clips, or other signs of community support. If we proceed with this project, we will follow up for letters of support at a later date. * Yes. The proposed improvements of the Stanley Park Complex Economic Development and Community Infrastructure Project have strong and consistent support from community stakeholders because of the significant economic impact that agricultural and livestock events generate for Estes Park and the surrounding region. These events bring exhibitors, participants, and spectators from across Colorado and neighboring states, producing substantial spending at local hotels, restaurants, retail stores, and tourism-related businesses throughout the Estes Valley. Strengthening the facility helps ensure Estes Park can continue hosting these events and remain competitive as a regional destination for agricultural gatherings and shows. In addition to the economic benefits, the project is widely supported because it enhances an important piece of community infrastructure. The Stanley Park Complex serves as a central venue for agricultural programming, community gatherings, and regional events that support the town’s rural heritage and quality of life. Support for the project is reflected in the engagement and collaboration of Estes Valley Recreation and Park District, Estes Valley Fire District, Visit Estes Park, Estes Park Chamber of Commerce and the Estes Park Housing Authority who rely on the facility to host events that sustain the local economy. If the project moves forward, the Town will work with these partners to gather formal letters of support, documentation from community organizations, and other evidence of local backing, including support from businesses and organizations that benefit from the economic activity generated by events at the facility. Project should have a federal nexus. Does this project have a federal nexus? If yes, please explain. You can find our federal nexus guide here: https://neguse.house.gov/sites/evo-subsites/neguse.house.gov/files/evo- media-document/federal-nexus-definitions.pdf * Yes, this project has a federal nexus through the Economic Development Initiative (EDI) program. The Stanley Park Complex Economic Development and Community Infrastructure Project involves demolishing and reconstructing approximately 30,000 square feet of aging stall barns at the Stanley Park complex. These barns are more than 70 years old, deteriorating, and no longer meet current operational, safety, or accessibility standards. Their condition limits the facility’s ability to host regional livestock and agricultural events and aligns with 42 U.S.C. 5305(a)(1) by addressing deteriorated public property that is appropriate for rehabilitation and improvement of public facilities. The new barns will be modern and ADA-accessible, consistent with 42 U.S.C. 5305(a)(2) and 42 U.S.C. 5305(a)(5), which support the reconstruction and improvement of public facilities and the removal of architectural barriers for elderly and disabled individuals. The upgraded facilities will include improved plumbing fixtures and additional water sources to provide cleaner facilities and reliable access to fresh water for livestock and participants. The project will also add improved lighting and signage for safety and security, enabling proper evening care and monitoring of animals, as well as upgraded doors and hardware to better secure livestock, equipment, and personal property during events. In addition, the project qualifies under 42 U.S.C. 5305(a)(4) because it includes the clearance, demolition, and reconstruction of unsafe and outdated structures, replacing them with modern infrastructure that better serves the public. Importantly, these improvements will strengthen the Stanley Park Event Center ’s ability to host regional livestock and agricultural events that attract participants and visitors from across Colorado and neighboring states. These events generate significant economic activity for the Estes Valley, including spending at local lodging establishments, restaurants, retail businesses, and tourism-related services. By modernizing critical infrastructure that supports these events, the project advances the economic development goals of the EDI program while preserving a key community asset that supports regional agriculture, tourism, and local business activity. Together, these improvements demonstrate a clear federal nexus by investing in deteriorating public infrastructure while supporting facilities that drive regional economic activity and community use in Colorado’s Second Congressional District. Account Selection For more information eligible accounts, please visit https://neguse.house.gov/community-project-funding Please select the account for which you are requesting community project funding. * Department of Agriculture Natural Resources Conservation Service, Conservation Operations Department of Agriculture Community Facilities Grant Department of Agriculture ReConnect Program Department of Agriculture Distance Learning and Telemedicine Grants Department of Agriculture Agricultural Research Service, Buildings and Facilities Department of Agriculture, Rural Development, Rural Utilities Service, Water and Waste Grants Department of Commerce NIST Scientific and Technical Research and Services (STRS) Department of Commerce NOAA Coastal Zone Management NASA Safety, Security, and Mission Services Department of Justice State and Local Justice Assistance—Byrne Justice Assistance Grants Department of Justice Community Oriented Policing Services (COPS) – Technology and Equipment Army Corps of Engineers Investigations, Construction, Operations and Maintenance, and Mississippi River and Tributaries Bureau of Reclamation Water and Related Resources Environmental Protection Agency State and Tribal Assistance Grants Department of Transportation - Airport Improvement Program Department of Transportation - Highway Infrastructure Projects Department of Transportation - Transit Infrastructure Projects Department of Transportation, Consolidated Rail Infrastructure and Safety Improvements Department of Housing and Urban Development - Economic Development Initiatives Department of Homeland Security - Pre Disaster Mitigation Department of Health and Human Services - Health Facilities Construction and Equipment Department of Housing and Urban Development - Economic Development Initiative EDI Community Project Funding within the Community Development Fund account of the HUD title is intended for economic and community development activities, consistent with statutory and additional Committee requirements. Project requests for the FY27 Economic Development Initiative program must be eligible under one or more of the following criteria of the Community Development Block Grant (CDBG) program: 42 U.S.C. 5305(a)(1), 5305(a)(2), 5305(a)(4), 5305(a)(5); which are as follows—but limited to—land or site acquisition, demolition or rehabilitation; blight removal; and construction and capital improvements of public facilities, except for “buildings used for the general conduct of government.” Programmatic and operational expenses are not eligible. The following projects will be given preference: Water or sewer infrastructure projects, which are not otherwise eligible to be funded as CPFs in EPA STAG (Interior bill) or Rural Water and Waste (Agriculture bill); Local road infrastructure, which is not otherwise eligible as a CPF in Highways (in this bill); Streetscape improvements; Public or non-profit housing rehabilitation, housing development financing, residential conversions, and neighborhood revitalization projects, which would increase housing supply and/or improve housing affordability in the local community; Projects with a clear economic development benefit, such as workforce training centers and manufacturing incubators; Projects that meet a compelling local need consistent with the statutory purposes. For example, food banks in economically disadvantaged neighborhoods, youth and senior centers, and multipurpose community centers. Projects require substantial evidence of community support to be considered for funding. EDI projects, like all projects funded by HUD, are subject to requirements under the National Environmental Policy Act (NEPA), HUD’s NEPA-implementing regulations at 24 CFR Part 50 or 24 CFR Part 58, and all applicable federal environmental and historic preservation laws, regulations, and Executive Orders. An environmental review must be completed before HUD funds and new commitments of non- HUD funds can be used on a project (24 CFR 58.22). What is the status and/or outcome of the environmental review and National Environmental Policy Act (NEPA) category of action? * To the best of the Town’s knowledge, no environmental or historic preservation studies have been conducted for this site. In line with HUD requirements under 24 CFR Part 50 and 24 CFR Part 58, the Town will complete all necessary environmental review and NEPA documentation before any federal funds or new non-HUD commitments are used for construction. Since the project involves demolishing existing stall barns and building new public facilities, it is expected that HUD will categorize it under a categorical exclusion (CatEx) or a similar streamlined NEPA review, assuming no significant environmental impacts are found. The Town will follow all federal rules related to environmental protection, historic preservation, and resource conservation to make sure the project fully meets NEPA standards before federal funds are used. The Buy America Preference requires that all iron and steel, construction materials, and manufactured products used in federally funded infrastructure projects are produced in the United States. Effective February 22, 2024, BAP applies to iron and steel for all EDI grantees, and effective August 23, 2024, this will extend to construction and manufacturing materials as well. Can you meet this requirement? Yes Is the project on a state or local jurisdiction’s consolidated plan with HUD? If yes, please link and provide the page number where it can be found. While Estes Park itself is not specifically named, Larimer County is referenced in the HUD 2020–2024 Consolidated Plan regarding coordination between public and assisted housing providers, economic development, and community services. This demonstrates that the Stanley Park stall barn redevelopment aligns with broader HUD goals around infrastructure, community development, and supporting regional economic opportunity. The project is not listed individually in the Consolidated Plan, but it is a priority in the Stanley Park Master Plan (2018) and the Estes Forward Comprehensive Plan (2022), which guide long-term improvements to community facilities that drive economic vitality, tourism, and regional events. Replacing and modernizing aging stall barns along with upgrading lighting and signage will sustain these activities, attract visitors, support local businesses, and promote economic stability—directly reinforcing the intent of the HUD Consolidated Plan. Additionally, the Town participated in the Estes Valley Housing Needs Assessment and Future Housnf Action Plan. Modernized facilities at Stanley Park Conplex help maintain the economic activity that underpins these housing and community initiatives. By investing in this infrastructure, the project advances county-wide goals for community development, workforce stability, and public investment, while strengthening Estes Park as a regional hub for events, tourism, and economic growth. What is the amount requested and the total project cost? $3,000,000 Does the grantee have experience executing a federal grant? Yes No Other: Has the request been submitted to another subcommittee or committee this fiscal year? If yes, which one(s)? No What is the entity's TIN/EIN and UEI? 84-6000661 What is the ZIP code of the project location? If the project spans multiple ZIP codes, provide the ZIP code where most of the appropriation would be spent. 80517 Will the project be administered by state, local, or tribal governmental entities or non-profit 501(c)(3) organizations? * Local goverenment What are the benefits of this project and why is it a priority? * The Stanley Park Complex Economic Development and Community Infrastructure Project is a priority because it strengthens a facility that drives regional economic activity in Estes Park and Colorado’s Second Congressional District. The complex, including the Event Center and supporting agricultural facilities, hosts livestock shows, agricultural competitions, and other regional events that attract visitors from across Colorado and neighboring states. These events generate spending at local lodging, restaurants, retail businesses, and tourism-related services, supporting jobs and local economic growth. By modernizing the infrastructure that enables these events, the project aligns directly with the Economic Developme.nt Initiative (EDI) program’s goal of investing in facilities that strengthen regional economies. The existing stall barns are over 70 years old and deteriorating, limiting the complex’s ability to host high-quality events and meet modern safety, accessibility, and operational standards. Replacing them with modern, ADA-accessible barns will allow the complex to remain competitive while improving the experience for participants, animals, and spectators. Upgrades include updated plumbing, additional water sources, improved lighting and signage for safety and navigation, and enhanced doors and hardware to secure animals and equipment. In addition to supporting economic activity, these improvements modernize critical public infrastructure, improve accessibility, and enhance long-term functionality, consistent with the Stanley Park Master Plan (2018) and the Estes Forward Comprehensive Plan (2022). By investing in these upgrades, the Town preserves a key regional asset, supports agricultural events, and sustains economic opportunities for residents, businesses, and visitors throughout Colorado’s Second Congressional District Who are the community partners participating in this project? Have local community development organizations with prior experience with HUD programs been consulted? * The Town will work closely with several local and regional partners that rely on and support the Stanley Park Complex and the economic activity it generates. Key partners include the Estes Valley Recreation and Park District, the Estes Valley Fire District, the Estes Valley Chamber of Commerce, the Estes Park Housing Authority, and Visit Estes Park, along with agricultural organizations and event producers that regularly host livestock shows and agricultural events at the complex. These partners play an important role in supporting events that draw participants and visitors to Estes Park, generating economic activity for local lodging, restaurants, retail businesses, and tourism-related services throughout the Estes Valley and Colorado’s Second Congressional District. Local community development organizations have also been consulted. In particular, the Estes Park Housing Authority has experience working with HUD programs and brings valuable insight into federal funding requirements, compliance, and project implementation. Their experience will help inform project planning and ensure alignment with federal community development objectives. Together, these partners will provide input on facility needs, site design, and long-term use of the complex. Their collaboration will help ensure the project strengthens regional economic activity while meeting community needs and maintaining a safe, functional public facility. Is this project consistent with the primary objective of the community development program? Please describe who the project is intended to benefit and please provide evidence. * Yes. The Stanley Park Complex Economic Development and Community Infrastructure Project is fully consistent with the primary objectives of the Community Development program because it strengthens regional economic activity while modernizing essential public infrastructure. The project will replace aging stall barns with modern, ADA-accessible facilities that support livestock shows, agricultural competitions, and other regional events drawing participants and spectators from across Colorado and neighboring states. These events generate significant economic impact for Estes Valley and Colorado’s Second Congressional District, supporting local lodging, restaurants, retail businesses, and tourism-related employment. For example, the Rooftop Rodeo alone generated approximately $1.2 million in local economic activity last year, and multi-week livestock shows regularly bring hundreds of animals and thousands of visitors. In addition to generating economic activity, the project includes supporting site improvements— such as upgraded lighting, circulation, and entrance/wayfinding signage—that enhance accessibility, functionality, and operational efficiency. These upgrades enable the Stanley Park Complex to reliably host regional agricultural and livestock events, driving economic growth and supporting local jobs in lodging, restaurants, retail, and tourism-related sectors. By modernizing critical infrastructure that enables large-scale agricultural events, this project preserves a key community asset, supports local businesses, and delivers lasting economic and community benefits throughout Estes Park and Colorado’s Second Congressional District. Does the grantee have a Community Project Funding (CPF)/Congressionally Directed Spending (CDS) project that has not yet secured a signed grant agreement with HUD? This should include projects for which appropriations were made since FY2022. If yes, please provide: The title of the project; The fiscal year the CPF/CDS was enacted; The awarding Member(s) and/or Senator(s); The grant number as provided by HUD; and The grant’s status (“No Materials Submitted” or “Grant Review in Progress”) No Additional Information Create your own Google Form Does this form look suspicious? Report 2 attachments 17JbgWiX7bw9HWshmWShfUQ_xg_IDuCY3dLcwbt2ZkRNsA6g 87K 1QDU1lyl_ddx-czJKoklcIzq5VcfOcR-7EBAkSY6a1foF8C0 87K Board of Trustees Mayor & Trustees ghall@estes.org 170 MAGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG March 24, 2026 Representative Joe Neguse Fort Collins Office 1220 S. College Avenue Unit 100A Fort Collins, CO 80524 RE: Letter of Support for Congressionally Directed Spending – Stanley Park Complex Economic Development and Community Infrastructure Project Dear Representative Neguse: On behalf of the Town Board of Trustees, I am writing in support of the Town of Estes Park’s application for Congressionally Directed Spending through the Economic Development Initiative (EDI) program. The Board authorized this letter at its March 24, 2026 meeting. While a local match is not currently required, the Town is prepared to meet any future cost share if awarded. The Stanley Park Complex Economic Development and Community Infrastructure project (project) is a straightforward and critical investment: replacing more than 70- year-old, failing stall barns with modern, ADA-accessible facilities. These barns are essential to hosting livestock shows, agricultural competitions, and regional events that bring visitors from across Colorado and neighboring states. Those events are not incidental—they are a reliable economic driver. Visitors fill local hotels, restaurants, and shops, supporting jobs across the Estes Valley. The Rooftop Rodeo alone generated roughly $1.2 million in economic activity last year, and multi- week livestock events bring thousands of participants and spectators to the region. Right now, aging infrastructure is holding that back. The existing barns no longer meet basic standards for safety, accessibility, or functionality, limiting the Town’s ability to host events at the level possible. Replacing them will improve safety, expand accessibility, and allow the facility to remain competitive. The project includes demolition of obsolete structures and construction of modern public facilities, along with needed upgrades to water access, lighting, and wayfinding. It aligns with the Town’s adopted plans and squarely meets EDI eligibility by investing in public Attachment 2 Board of Trustees Mayor & Trustees ghall@estes.org 170 MAGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG infrastructure that supports economic development and removes accessibility barriers. Just as important, it presents a clear f ederal nexus by addressing deteriorating infrastructure tied directly to regional economic activity. The Stanley Park Complex serves a broader region—it supports agriculture, small businesses, and tourism across northern Colorado. Federal investment here helps sustain those industries while preserving and maximizing a facility that communities throughout the district rely on. Estes Park may be known as a premier destination, but we are also a rural town of about 6,000 year-round residents. Investments like this are essential to maintaining the infrastructure that supports both our community and the millions of visitors we welcome each year. We respectfully ask for your support in advancing this project through the appropriations process. Thank you for your continued commitment to Colorado communities—we look forward to working with you to move this project forward. Sincerely, TOWN OF ESTES PARK Gary Hall Mayor Representative Neguse March 24, 2026 Page two Board of Trustees Mayor & Trustees ghall@estes.org 170 MAGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG March 24, 2026 Senator Michael Bennett Cesar E. Chavez Memorial Building 1244 Speer Boulevard Denver, CO 80204 RE: Letter of Support for Congressionally Directed Spending – Stanley Park Complex Economic Development and Community Infrastructure Project Dear Senator Bennet: On behalf of the Town Board of Trustees, I am writing in support of the Town of E stes Park’s application for Congressionally Directed Spending through the Economic Development Initiative (EDI) program. The Board authorized this letter at its March 24, 2026 meeting. While a local m atch is not currently required, the Town is prepared to meet any future cost share if awarded. The Stanley Park Complex Economic Development and Community Infrastructure project (project) is a straightforward and critical investment: replacing more than 70- year-old, failing stall barns with modern, ADA-accessible facilities. These barns are essential to hosting livestock shows, agricultural competitions, and regional events that bring visitors from across Colorado and neighboring states. Those events are not incidental—they are a reliable economic driver. Visitors fill local hotels, restaurants, and shops, supporting jobs across the Estes Valley. The Rooftop Rodeo alone generated roughly $1.2 million in economic activity last year, and multi- week livestock events bring thousands of participants and spectators to the region. Right now, aging infrastructure is holding that back. The existing barns no longer meet basic standards for safety, accessibility, or functionality, limiting the Town’s ability to host events at the level possible. Replacing them will improve safety, expand accessibility, and allow the facility to remain competitive. The project includes demolition of obsolete structures and construction of modern public facilities, along with needed upgrades to water access, lighting, and wayfinding. It aligns with the Town’s adopted plans and squarely meets EDI eligibility by investing in public infrastructure that supports economic development and removes accessibility barriers. Attachment 3 Board of Trustees Mayor & Trustees ghall@estes.org 170 MAGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Just as important, it presents a clear federal nexus by addressing deteriorating infrastructure tied directly to regional economic activity. The Stanley Park Complex serves a broader region—it supports agriculture, small businesses, and tourism across northern Colorado. Federal investment here helps sustain those industries while preserving and maximizing a facility that communities throughout the district rely on. Estes Park may be known as a premier destination, but we are also a rural town of about 6,000 year-round residents. Investments like this are essential to maintaining the infrastructure that supports both our community and the millions of visitors we welcome each year. We respectfully ask for your support in advancing this project through the appropriations process. Thank you for your continued commitment to Colorado communities—we look forward to working with you to move this project forward. Sincerely, TOWN OF ESTES PARK Gary Hall Mayor Senator Michael Bennet March 24, 2026 Page two Board of Trustees Mayor & Trustees ghall@estes.org 170 MAGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG March 24, 2026 Senator John Hickenlooper Byron Rogers Federal Building 1961 Stout Street, Suite 12-300 Denver, CO 80294 RE: Letter of Support for Congressionally Directed Spending – Stanley Park Complex Economic Development and Community Infrastructure Project Dear Senator Hickenlooper: On behalf of the Town Board of Trustees, I am writing in support of the Town of Estes Park’s application for Congressionally Directed Spending through the Economic Development Initiative (EDI) program. The Board authorized this letter at its March 24, 2026 meeting. While a local match is not currently required, the Town is prepared to meet any future cost share if awarded. The Stanley Park Complex Economic Development and Community Infrastructure project (project) is a straightforward and critical investment: replacing more than 70- year-old, failing stall barns with modern, ADA-accessible facilities. These barns are essential to hosting livestock shows, agricultural competitions, and regional events that bring visitors from across Colorado and neighboring states. Those events are not incidental—they are a reliable economic driver. Visitors fill local hotels, restaurants, and shops, supporting jobs across the Estes Valley. The Rooftop Rodeo alone generated roughly $1.2 million in economic activity last year, and multi- week livestock events bring thousands of participants and spectators to the region. Right now, aging infrastructure is holding that back. The existing barns no longer meet basic standards for safety, accessibility, or functionality, limiting the Town’s ability to host events at the level possible. Replacing them will improve safety, expand accessibility, and allow the facility to remain competitive. The project includes demolition of obsolete structures and construction of modern public facilities, along with needed upgrades to water access, lighting, and wayfinding. It aligns with the Town’s adopted plans and squarely meets EDI eligibility by investing in public infrastructure that supports economic development and removes accessibility barriers. Attachment 4 Board of Trustees Mayor & Trustees ghall@estes.org 170 MAGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Just as important, it presents a clear federal nexus by addressing deteriorating infrastructure tied directly to regional economic activity. The Stanley Park Complex serves a broader region—it supports agriculture, small businesses, and tourism across northern Colorado. Federal investment here helps sustain those industries while preserving and maximizing a facility that communities throughout the district rely on. Estes Park may be known as a premier destination, but we are also a rural town of about 6,000 year-round residents. Investments like this are essential to maintaining the infrastructure that supports both our community and the millions of visitors we welcome each year. We respectfully ask for your support in advancing this project through the appropriations process. Thank you for your continued commitment to Colorado communities—we look forward to working with you to move this project forward. Sincerely, TOWN OF ESTES PARK Gary Hall Mayor Senator John Hickenlooper March 24, 2026 Page two The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: March 24, 2026 Subject: Acceptance of Town Administrator Policy Governance Monitoring Report. The packet material for this item is included earlier in the packet under the Town Administrator’s report. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Suzanna Simpson, Management Analyst Department: Town Administrator’s Office Date: March 24, 2026 Subject: 2025 Base Funding Report: Estes Valley Watershed Coalition Objective: The Estes Valley Watershed Coalition received $25,000 in Base Funding for the 2025 funding year. Per Policy 671, the organization is required to present to the Town Board on how they used Town funds to benefit the community and/or advance the Town’s Strategic Plan for the funding year. Town Board Meeting March 24, 2026 Board of Directors Bob Leavitt, President Andy Ames, Vice President Frank Theis, Treasurer Joan Hooper, Secretary Celeste Fraser Jennifer Waters Dawn Wilson Tim Cashman Contract Employees Wilynn Formeller, Development & Program Coordinator Ashley Kleen, Asst. Coordinator Mission Our mission is to bring together local, state, and federal partners to collaborate on projects that support the water, forests, and wildlife of the Estes Valley. Vision We envision a healthy watershed that is resilient to extreme events, sustains diverse habitats for flora and fauna, and enhances the quality of life for our community. Presentation Provided at Meeting 2026-03-24 Over $5M invested within the Estes Valley! Projects: Community Flood Restoration, Fire Mitigation, and Wildlife Habitat Protection We Celebrated 10 Years! Estes Valley Watershed Coalition Watershed Coverage Unique Features: •Island in the middle of Federal Land & RMNP •Headwaters of the Front Range •Few large landowners (over 50 acres) •Densely populated landscape •Limited connection between landowners •High percentage of seasonal residents •High percentage of retirees •Small donor pool •Vast visitor influx Unique Environment – Unique Challenges Flood Restoration, Wildfire Mitigation, Riparian Projects *EVWC Outreach Programs Not Represented (fire mitigation, wildlife, community talks) Unique Alliance With Town & County Broad Collaboration Comprehensive Plan •Support updating of the 2008 Wildlife Habitat Assessment •Using updated Wildlife Habitat Assessment as a reference document for planning •Reserved funding of $1,861 to support wildlife study and outreach Future Disaster Recovery •Our services would be identified and activated by the Town and County when needed •We see our role as enhancing forest and stream resilience •Performing wildfire and stream mitigation activities prior to potential disasters •Post-disaster restoration and recovery processes for forests and streams. EVWC is the only non-profit in the Estes Valley that addresses the entire ecosystem. Water - Forest - Wildlife 2025 Results & Funding Operating/Capacity Revenue Donations & InKind Revenue •Bureau of Reclamation •Colorado Water Conservation Board •National Forest Foundation •Larimer County – Open Lands •Coalitions & Collaboratives (COCO AIM) •Coalition of Upper South Platte •CEMEX Operating/Capacity Expense 2025/2026 Project Supporters •Town of Estes Park •EV Fire Protection District •EV Recreation & Park District •Northern Water •Waste Management •Estes Park Village Thrift •EVWC Memberships •Private DonorsMaximizing Our Return On Investment 2026 Projected 2025 Actuals Project Expense $85K* $225K $50K $57K $200K Project Grants Revenue $165K $50K $ 50K $ 200K $ 47K 2026 Project Summary WATER •Fish Creek Restoration / Adaptive Management & Planning – Watershed Restoration •Lake Estes Fishing Line Clean-up –Watershed Health & Outreach •Wildfire Ready Watershed Action Plan Implementation – Watershed Health & Wildfire Preparedness •Trash Pick-up Volunteer Events – Watershed Health •Monitoring & Maintenance Continued – Watershed Restoration •Sign Updates with the EPMS Environmental Resiliency Team – Watershed Health & Outreach FOREST •Marys Lake Forest Health Project – Wildfire Preparedness •CWDG Gateway Project – Wildfire Preparedness •Thunder Mountain Project – Wildfire Preparedness •LVOA HIZ/Roadway Project – Wildfire Preparedness •WM Fuel Reduction Partnership – Wildfire Preparedness •Wildfire Symposium and outreach events –Wildfire Preparedness WILDLIFE •Wildlife Habitat Assessment Update – Wildlife Outreach & Planning •EVWC Presents Talk Series – Wildlife Outreach & Watershed Health •Social Media Education – Wildlife Outreach •Elk Ambassadors Calving/Rut Season – Wildlife Outreach Supported Through Grants, Donations & Volunteerism 2025 - 2026 Project Overviews Collaboration with Community Partners Water •Fish Creek Restoration - Adaptive Management & Planning - This project phase will finalize the design and planning to return the Fish Creek channel to its original location. It will also include adaptive management, groundwork for continued work at Cheley Camp and Reach 4 (Bassow Conservation Easement), and post-project monitoring at Cheley Camp. •Continued Monitoring & Maintenance – Ongoing monitoring of post project Estes flood resiliency. •Water Quality Monitoring – Continued water quality monitoring to help quantify impacts of beaver meadow restoration. •Marys Lake Forest Health - A collaboration with private landowners, the Colorado State Forest Service,Northern Water, and Estes Valley Fire. Reducing the risk of wildfire to water infrastructure, public and private property. •Gateway Community Wildfire Defense Grant Project -The project will support mitigation efforts within the Estes Valley and the Big Thompson Canyon to reduce wildfire risk. The collaborative effort from this project is another example of the partnerships in Northern Colorado that will reduce wildfire risk and strengthen community resilience throughout the gateway to the Rockies region. •Thunder Mountain Project - Continue to support cross boundary work being done in RMNP along the shared boundaries of the project area and the park (~300 acres).In collaboration with RMNP, the Estes Valley Fire Protection District, Northern Water, Waste Management, CSFS, and Larimer Conservation District. 2025 - 2026 Project Overviews Forest - Continued •Fuel Reduction Partnership with Waste Management - With the support of Estes Valley Fire and Northern Water, EVWC has partnered with Waste Management to provide 30 yd containers to residents to dispose of slash, pinecones, pine needles in their neighborhoods and during a community drop-off event. Since 2020: ~225 tons (450,000 lbs) of material removed. •LVOA Mitigation – Collaboration with Estes Fire to help homeowners with HIZ mitigation and roadway mitigation. •Education & Outreach - EV Watershed Coalition Presents – monthly talks about wildlife or other environmental topics that concern the Estes Valley. •Elk Ambassador Outreach – Volunteers working with EV Police Department to help educate guests on the awareness of wildlife safety during calving and rut season. Collaboration with Community Partners Collaborative Groups •Northern Colorado Fireshed Collaborative - We are working with over 40 partners in this organization to increase agency, community, and private landowner understanding of, and support for, active wildland fire risk management activities at the landscape-scale. •Big Thompson Watershed Health Partnership - Collaborative group focused on watershed resiliency and health in the Big Thompson Watershed. This group is coordinating the CWDG Gateway project and implementing the Wildfire Ready Action Plan. We are pleased to work with and supported by …. Thank You! Estes Valley Watershed Coalition P.O. Box 4494 Estes Park, CO 80517 Email: EVWatershed@EVWatershed.org Phone: 970. 290.1829 Website: EVWatershed.org FB: Estes Valley Watershed Coalition FB: EVWC Loves Wildlife The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: March 24, 2026 Subject: Resolution 32-26 New Hotel and Restaurant Liquor License Filed by Sky Peak Group LLC dba Estes Perk, 145 E. Elkhorn Avenue Units 98 and 105, Estes Park, CO 80517 Type: Resolution, Quasi-Judicial Objective: Approval of a new Hotel and Restaurant liquor license located at 145 E. Elkhorn Avenue Unites 98 and 105, Estes Park, Colorado. Application filed by Sky Peak Group LLC dba Estes Perk. Present Situation: An application for a new concurrent Hotel and Restaurant liquor license was received by the Town Clerk’s office on February 13, 2026. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s requirement for Responsible Vendor Training, and one member of the LLC is a member of other liquor licenses within Estes Park. The licensee will operate as a coffee shop by day and a tapas bar in the evening. The liquor license application has been sent to the Colorado Department of Revenue Liquor Enforcement Division (LED) for a concurrent review as requested by the applicant. This allows the LED to review the application simultaneously with the Town and expedites the issuance of the new liquor license and allows the applicant to operate the license as soon as possible. Proposal: The application and relevant documents have been included for the Town Board’s review and consideration for a new Hotel and Restaurant liquor license. The licensee has requested the license to serve alcohol. Advantages: • Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: • The owner is denied a business opportunity to operate a liquor license establishment. Action Recommended: Approval of the application for a new Hotel and Restaurant liquor license. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Hotel and Restaurant Liquor license is $1,319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Hotel and Restaurant Liquor license is $869. Level of Public Interest: Low. Sample Motions: I approve/deny Resolution 32-26. Attachments: 1. Procedures for Hearing 2. Resolution 32-26 3. Application, Diagram, Individual History 4. Police Report 1 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of Sky Peak Group LLC dba Estes Perk for a new Hotel and Restaurant Liquor License located at 145 E. Elkhorn Avenue Units 98 and 105, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following: The application was filed February 13, 2026. At a meeting of the Board of Trustees on March 10, 2026, the public hearing was set for 7:00 p.m. on Tuesday, March 24, 2026. The neighborhood boundaries for the purpose of this application and hearing were established to be 3.25 miles. The Town has received all necessary fees and hearing costs. The applicant is filing as a Limited Liability Corporation. The property is zoned CD – Commercial Downtown which allows this type of business as a permitted use. The notice of hearing was published on March 13, 2026. Attachment 1 The premises was posted on March 13, 2026. There is a police report with regard to the investigation of the applicant. Status of Responsible Vendor Training "Classroom Setting" or "Live Streaming": X Unscheduled Scheduled * Completed (Previously) There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS. The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. Ask the Town Clerk or Town Clerk Office whether any communications have been received in regard to the application and, if so, to read all communication. Indicate that all evidence presented will be accepted as part of the record. Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. Declare the public hearing closed. 6. SUGGESTED MOTION: I move that Resolution 32-26 be approved/denied for a new Hotel and Restaurant liquor license for the Sky Peak Group LLC dba Estes Perk, 145 E. Elkhorn Avenue Unit 98 and 105, Estes Park, Colorado. RESOLUTION 32-26 A RESOLUTION PERMITTING A NEW HOTEL AND RESTAURANT LIQUOR LICENSE FOR SKY PEAK GROUP LLC DBA ESTES PERK 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 March 24, 2026 for a new Hotel and Restaurant Liquor License, filed by Sky Peak Group LLC dba Estes Perk, 145 East Elkhorn Avenue Units 98 and 105, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority to consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Hotel and Restaurant Liquor License, filed by Sky Peak Group LLC dba Estes Perk, 145 East Elkhorn Avenue Units 98 and 105, Estes Park, Colorado is approved. DATED this 24th day of March, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 2 DR 8404 (05/29/25) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 ^ , i _.__,_ i • _ ,__. n_-_.i <•______ » __,.__<•r3o3)2o5"23oo " Colorado Liquor Retail License Application * Note that the Division will not accept cash fS?| paid by Check Date Uploaded to Moyelt II New License R] New-Concurrent Paid Online Transfer of Ownership Z./ZA 1-zoZL, State Property Only Master file All answers must be printed in black ink or typewritten Applicant must check the appropriate box(es) Applicant should obtain a copy of the Colorado Liquor and Beer Code: S6G. Colorado.gov/Liquor Applicant is applying as a/an Individual Corporation Limited Liability Company Association or Other Partnership (includes Limited Liability and Spouse or Partner in a Civil Union Applicant Name If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation <>k^P.e^L ^rv^f ^c(^ =EIN Number State Sales Tax Number Trade Name of Establishment (DBA) £. ^ ^5 ^-^L Business Telephone Address of Premises (specify exact location of premises, include suite/unit numbers) /^f £ £:Hck£'/-u /4r. ^/y' ^ /^'" 3ity ^ /y /^/^L bounty •^rfi^u^f State^71P Code ^w^ Mailing Address (Number and Street) f.O. ^r ^ \W City or Town State ZIP Code ^s -b^ ^^-^^)S77- Email Address ^-<s.c^L<'^-f7u^(^)^h^ ^-er/i . Ce^ki^ If the premises currently has a liquor or beer license, you must answer the following questions. Present Trade Name of Establishment (DBA) 3resent State License Number 3resent Class of License 3resent Expiration Date Page 1 of 16 Attachment 3 Section A Nonrefundable application fees'* Application Fee for New License. .................................................................................................... .$1,100.00 Application Fee for New License with Concurrent Review.................................................................. .$1,200.00 Application Fee for Transfer.......................................................................................................... ...$1,100.00 Section B Liquor License Fees* Add Optional Premises to H & R........................................................ .$100.00 X Total Add Sidewalk Service Area..................................................................................................................$75.00 Arts License (City).............................................................................................................................$308.75 Arts License (County)........................................................................................................................$308.75 Beer and Wine License (City).............................................................................................................$351.25 II Beer and Wine License (County)........................................................................................................$436.25 II Brew Pub License (City)...................................................................................................................$750.00 II Brew Pub License (County)................................................................................................................$750.00 II Campus Liquor Complex (City)...........................................................................................................$500.00 II Campus Liquor Complex (County)......................................................................................................$500.00 II Campus Liquor Complex (State).........................................................................................................$500.00 Club License (City)............................................................................................................................$308.75 II Club License (County).......................................................................................................................$308.75 Distillery Pub License (City)...............................................................................................................$750.00 II Distillery Pub License (County)...........................................................................................................$750.00 II Entertainment Facility License (City)...........................,.......................................................................$500.00 Entertainment Facility License (County)............................................................................................. ..$500.00 Hotel and Restaurant License (City)....................................................................................................$500.00 Hotel and Restaurant License (County)...............................................................................................$500.00 Hotel and Restaurant License with one optional premises (City).............................................................$600.00»—~ Hotel and Restaurant License with one optional premises (County)....................................................... .$600.00 II Liquor-Licensed Drugstore (City)........................................................................................................$227.50 II Liquor-Licensed Drugstore (County)...................................................................................................$312.50 Lodging Facility License (City)............................................................................................................$500.00 Lodging Facility License (County).......................................................................................................$500.00 DR 8404 (05/29/25) Page 2 of 16 Section B Liquor License Fees* (Continued) Q Manager Registration - H & R..............................................................................................................$30.00 Manager Registration - Tavern.............................................................................................................$30.00 II Manager Registration - Lodging & Entertainment...................................................................................$30.00 II Manager Registration - Campus Liquor Complex....................................................................................$30.00 Optional Premises License (City)........................................................................................................$500.00 Optional Premises License (County)...................................................................................................$500.00 Racetrack License (City)....................................................................................................................$500.00 m Racetrack License (County)...............................................................................................................$500.00 II Resort Complex License (City)...........................................................................................................$500.00 Resort Complex License (County).......................................................................................................$500.00 Related Facility- Campus Liquor Complex (City)..................................................................................$160.00 Related Facility- Campus Liquor Complex (County)............................................................................ .$160.00 Related Facility - Campus Liquor Complex (State)................................................................................$160.00 Retail Gaming Tavern License (City)...................................................................................................$500.00 Retail Gaming Tavern License (County)...............................................................................................$500.00 II Retail Liquor Store License-Additional (City).......................................................................................$227.50 II Retail Liquor Store License-Additional (County)..................................................................................$312.50 Retail Liquor Store (City)....................................................................................................................$227.50 Retail Liquor Store (County)...............................................................................................................$312.50 Tavern License (City).........................................................................................................................$500.00 II Tavern License (County)....................................................................................................................$500.00 II Vintners Restaurant License (City)......................................................................................................$750.00 Vintners Restaurant License (County).................................................................................................$750.00 Questions? Visit: SBG.Colorado.gov/Liquorior more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total $ DR 8404 (05/29/25) Page 3 of 16 Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Colorado.gov/Liquorfor more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information Applicant/Licensee identified II State sales tax license number listed or applied for at time of application License type or other transaction identified Return originals to local authority (additional items may be required by the local licensing authority) All sections of the application need to be completed Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Retail License Application II. Diagram of the premises D No larger than 81/2"X 11" Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) Separate diagram for each floor (if multiple levels) II Return originals to local authority (additional items may be required by the local licensing authority) II Kitchen - identified if Hotel and Restaurant II Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) II Deed in name of the applicant (or) (matching Applicant Name provided on page 1) date stamped / filed with County Clerk II Lease in the name of the applicant (or) (matching Applicant Name provided on page 1) Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant Other agreement if not deed or lease, (matching Applicant Name provided on page 1) OR 8404 (05/29/25) Page 4 of 16 IV. Background information (DR 8404-1) and financial documents Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved State Vendor. Master File applicants submit results to the State Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO Appointment Scheduling Website: https://uenroll.identogo.com/workflows/25YQHT Phone: 844-539-5539 (toll-free) IdentoGO FAQs: https://cbi.colorado.gov/sections/biometric-identification-and-records-uniVbiometric- identification-and-records-unit-faqs State Liquor Code for IdentoGO: 25YQHT Colorado Fingerprinting Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 833-224-2227 (toll free) State Liquor Code for Colorado Fingerprinting: C030LIQI II Purchase agreement, stock transfer agreement, and/or authorization to transfer license II List of all notes and loans (Copies to also be attached) V. Sole proprietor/Spouse or partners in a civil union (if applicable) Form DR 4679 Lawful Presence Affidavit II Copy of State issued Driver's License or Colorado Identification Card for each applicant VI, Corporate applicant information (if applicable) Certificate of Incorporation Certificate of Good Standing Certificate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable) II Partnership Agreement (general or limited). Certificate of Good Standing VIII. Limited Liability Company applicant information (if applicable) Copy of articles of organization Certificate of Good Standing II Copy of Operating Agreement (if applicable) II Certificate of Authority if foreign LLC (out of state applicants only) IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application $30.00 fee If owner is managing, no fee required DR 8404 (05/29/25) Page 5 of 16 1. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a ^ corporation) or managers under the age of twenty-one years?................................ <^P Yes ^ No 2. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a. Been denied an alcohol beverage license?................................... 0 Yes © No b. Had an alcohol beverage license suspended or revoked?........... 0 Yes Qi No c. Had interest in another entity that had an alcohol beverage license suspended or revoked?.....................................................,............. 0 Yes © No If you answered yes to a, b or c above, explain in detail on a separate sheet. 3. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years?.,.......... 0 Yes ® No If "yes", explain in detail. 4. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary?................................,.....,...,............. 0 Yes © No or Waiver by local ordinance? 0 Yes 0 No Other 5. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than (>) 10,000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made, an^ ends at the principal doorway of the Licensed LLDS/RLS......................../1//^r....................... 0 Yes 0 No DR 8404 (05/29/25) Page 6 of 16 6. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than (<) 10,000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being mja^p and ends at the principal doorway of the Licensed LLDS/RLS...............4//^.................................. 0 Yes 0 No For additional Retail Liquor Store only. a. Was your Retail Liquor Store License issued on or before January 1, 2016?.... Q Yes ® No b. Are you a Colorado resident?......................................................... ©' Yes 0 No 7. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee.................................................................... 8. Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement?........ Yes 0 No Yes 0 No ^0 Ownership © Lease 0 Other (Explain in detail) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord Tenant Expires ^ Moose Pfopi^^ -| l^yAagL ^i9 UXL H^A'A^ b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question on page 9............................................... 0 Yes No c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 81/>" X 11". DR 8404 (05/29/25)Page 7 of 16 9. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. -ast Name /rA =irst Name Date of Birth (MM/DD/YY)~-EW or SSN Number nterest/Percentage Last Name ::irst Name Date of Birth (MM/DD/YY)=EINorSSN Number nterest/Percentage Last Name =irst Name Date of Birth (MM/DD/YY)=EINorSSN Number nterest/Percentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 10. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted?........... 0 Yes 0 No Number of additional Optional Premise areas requested. (See license fee chart) For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or Dt+har I^rtal narmiocmrtc•->3~- r -.....--.-..-. 11. Liquor Licensed Drugstore (LLDS) applicants, answer the following: a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's L L D S premise?.......................................... If "yes" a copy of license must be attached. 0 Yes 0 No DR 8404 (05/29/25)Page 8 of 16 12. Club Liquor License applicants answer the following: Attach a copy of applicable documentation a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain?..................... 0 Yes 0 No b. Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain?........................ ^ Yes ^ No c. How long has the club been incorporated?. d. Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above?.................................... 0 Yes 0 No 13. Brew-Pub, Distillery Pub or Vintner's Restaurant applicants answer the following: a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached)........................................................................ 0 Yes 0 No 14. Campus Liquor Complex applicants answer the following: a. Is the applicant an institution of higher education?............................................. Q Yes 0 No b. Is the applicant a person who contracts with the institution of higher education to provide food services?..................................................................... 0 Yes 0 No If "yes" please provide a copy of the contract with the institution of higher education to provide food services. 15. For all on-premises applicants. a. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application - DR 8000 and fingerprints. Last Name of Manager First Name of Manager /^?/^/•^^we^'z k^. 16. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide name, type of license and account number............................................................. ^ Yes <\P No Name type of License account Number DR 8404 (05/29/25) Page 9 of 16 17. Related Facility - Campus Liquor Complex applicants answer the following: a. Is the related facility located within the boundaries of the Campus Liquor Complex?.................................................................................................. 0 Yes 0 No If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility - Campus Liquor Complex Last Name of Manager First Name of Manager 18. Entertainment Facility License If Applicant is applying for an Entertainment Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:........... 0 Yes 0 No Pursuant to 44-3-103(15.5) C.R.S., an Entertainment Facility means an establishment in which the primary business is to provide the public with sports or entertainment activities within its licensed premises; and that, incidental to its primary business, sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. If Applicant is applying for a Lodging Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:........... 0 Yes 0 No Pursuant to 44-3-103(29) C.R.S., a Lodging Facility means an establishment in which the primary business is to provide the public with sleeping rooms and meeting facilities; and that sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. 19. Tax Information. a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or areater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business?............. 0 Yes ©No b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.?........ 0 Yes ® No DR 8404 (05/29/25) Page 10 of 16 If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Mame D^r^p \/aUw^ch Date of Birth (MM/DDA/Y) Street Address City B^ P^-rL State ^ 71P Codew^3osition ow^^ )/o Owned ^JT Mame ^^^ikcf A^f^f Date of Birth (MM/DDA/Y) Street Address 3ity ^--/c^ P^-t state to 7\P Code ^>S77 =>osition ouyit£^ /o Owned^ \Jame Date of Birth (MM/DDA/Y) Street Address 3ity State 71P Code :>osition )/o Owned Mame Date of Birth (MM/DDA'Y) Street Address 3ity State 71P Code 3osition /o Owned ^Jame 3ate of Birth (MM/DDA/Y) Street Address City state 71P Code :>osition Vo Owned DR 8404 (05/29/25)Page 11 of 16 ** If applicant is owned 100% by a parent company, please list the designated principal officer on above. ** Corporations - the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) ** If total ownership percentage disclosed here does not total 100%, applicant must check this box: Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S. NI would like to apply fora Two-Year Renewal................................................................... 0 Yes 0 No Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer and Wine Code which affect my license. Printed Name Title DcLTZy^ VcdicCU/^h GCU^L^- Authorized Signature Date (MM/DD/YY) ^^y" \oz//^/?aiQ DR 8404 (05/29/25) Page 12 of 16 Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less thans;cannot J'&l'Z^TX^ ^^^^^^^^^^ _^^^^^^^ 30 days from date of application) I 5/Z41Z£»'Z&» For TransferApplications Only-Is the license being transferred valid?...................... 0 Yes 0 No The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: P<T Fingerprinted Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) 0 Date of inspection or anticipated date Will conduct inspection upon approval of state licensing authority Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of > 10,0000?............................................................................ U Yes U No Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of < 10,0000?............................................................................ U Yes (J No NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived from the sale of food, during the priortwelve (12) month period?............................................................................ U Yes (J No The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved. DR 8404 (05/29/25) Page 13 of 16 Report and Approval of Local Licensing Authority (Continued) Local Licensing Authority approves the Temporary Permit...............................................0 Yes 0 No Approval Date of the Temporary Permit Expiration Date of the Temporary Permit *lfthe temporary permit expires or an extension is required, the state liquor licensing authority should be notified of the status of the temporary permit. **lf the temporary permit information is not filled out for the transfer of ownership, the Transfer Application will not be accepted and processed. Local Licensing Authority Approves this license for a two-year renewal.0 Yes 0 No If "No", please cite the law, regulation, local ordinance or resolution that gives the local licensing authority the ability to deny the applicant and grounds for denial. Also, please provide any and all investigative reports, and administrative or criminal action that relate or justify this denial. Proof of Violation Local Licensing Authority for Telephone Number 'Tax^-X.4. 6V C-:yT^» <?&^U<L.cno-s-n -^-\\ fowtv City 0 County Printed Name Title Signature Date (MM/DD/YY) Printed Name mie signature 3ate (MM/DD/YY) DR 8404 (05/29/25)Page 14 of 16 DR 8495 (02/16/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 (303) 205-2300 Tax Check Authorization, Waiver, and Request to Release Information b^p^c, i/a/^c^ am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of (the "Applicant/Licensee") ^ki/ PM^IL ^frou/y ^LC^ to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as theApplicant's/Licensee's duly authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/ Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative orjudicial action regarding the application or license. Page 15 of 16 Name (Individual/Business) &/yj P^L Social Security Number/Tax Identification Number Home Phone Number Business/Work Phone Number Street Address ^r E eiLlto,^ .^ ^ ^ //^- City State ZIP Code <^S^ Pwd ^)M)^7? Printed name of person signing on behalf of the Applicant/Licensee bct-n-f^ l/a-/^^^> Applicant/Licensee's Signature (Signature authorizing the disclosure of confidential tax information) Date Signed <^-02//^^/zeze Privacy Act Statement Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). DR 8495 (02/16/24)Page 16 of 16 SkyPeak Group LLC dba Estes Perk 145 E Elkhorn Ave Unit 98/105, Estes Park, CO 80517 £t^kon/' •fiv'^ -^ (h) HHCh W£< (0 Bi; Biit.T.vp TO At'eN 'm FlOOft t£i.'El /Mor-^ DR 8404-1 (12/05/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO Box 17087 Denver CO 80217-0087 (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of Business ^rw^UC. Home Phone Number cellular Number Your Full Name (last, first, middle) BZ^ l^f L/^/S ^> ci^T/£^ List any other names you have used Mailing address (if different from residence) (/^ ^5^ P^ ^ ^)r/^ Email Address ?/ t/a/^a'c/^A^S)J^cQi^. e^c^ 1. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number Current City, State, ZIP ^57^ /W, ^ ^)S7? From:To; Off /-2PZ2./^r^u.^/' Previous Street and Number Previous City, State, ZIP 406 %7'r^ '^e ^/ss /^^l- . ^? ^y7-7/ From:To: (9^,^?,^^ ^/•zc'tz^ Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business ^fr ^ /%^ 'n^ address 1Z.<T (Street, iU Number, City, State Bi'i/.Mf'^ , ZIP) Pv- Y_^^/^-^f a>^)57.72- Position Held ^^U^fij^P^ From: To: iy^/W/9 ^r^^a^- Name of Employer or Business Bfk. ^^/rr^ A<^ Address (Street, Number, City, State, ZIP) /jr^ ^ ^/^/^/-^ ^t, ^r^ /^^ C.O ^)6~77 Position Held lM£W-Ot^(^ From: ~ To: 06 /2^t'2- Name of Employer or Business 06 /2^t'2-pTMs^<^~ Au^r<. ^ye^^f ^^ Address (Street, Number, City, State, ZIP) ,4^ e ^/k/cy^t ^e, ^^ ^-^ , ^€> J^r/T2 Position Held (^/^-^//CZ^/ . Ott^U^^~ From: To: <<?//W2^~^^/•?p'^ i I :—A AU „ ^^^<^/<^\ <>r .^^i_x:. .-- . ..-..I-:— ~ :— -.- i- - i-t*-- - - j"'.- - .- -• . i • < < " n ^,1 < i * i*/• 1-IOL LUG 1101110^0^ Ul icianvco vvuiiMiiy in >ji i luiuiny ci unclin-.ictl luidCSL in Hit; ^UHJIdUU aiUUIIUI beverage industry. Name of Relative Relationship to You: ^{^Cl g^QU^ _I I ^u^L. Position Held u Name of Licensee eu->w^s^Ct^ cw /^w •rM^ J-^c_ / ie^ ^^ €^/W€^ ^c ~ / Mame of Relative Sa.weA Mce^f^ relationship to You: fb^>/t<£^ - /'<^ -^?^ Position Held Name of Licensee Q^t^/£1^. ^/^r^ !^c^ DR 8404-1 (12/05/24) Page 2 of 6 Individual History Record (Continued) Name of Relative Relationship to You: 3osition Held \lame of Licensee \Jame of Relative relationship to You: =>osition Held *Jame of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) Yes 0 No 5. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?. (If yes, answer in detail.) 0 Yes No 6. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?. (If yes, answer in detail.) 0 Yes No 7. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence?. (If yes, answer in detail.) 0 Yes No DR 8404-1 (12/05/24)Page 3 of 6 Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes (If yes, answer in detail.) No Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth M^^i %e/%/^$' U.S. Citizen (^5 Yes Name of District Court 0 No If Naturalized, state where When tofor^cfo Naturalization Certificate Number Date of Certification ^ CG/I^ , U)07 /2^ /•2GZ 0 If an Alien, Give Alien s Registration Card Number Permanent Residence Card Number Heightr /Veight < -fair Color ^rounH Eye Color ^ref^ Sender f^^Q.^ Do you have a current Driver's License/ID? If so, give number and state. Driver's License Number Driver's License State ^ Yes 0 No (°^>fofT^^€> Financial Information 9. Total purchase Drice or investment beina made bv the aDDlvina entitv. F corporation, partnership, limited liability company, other.. J f_ 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid.^ ^o o0 NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 DR 8404-1 (12/05/24)Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) type: Cash, Services or Equipment fff^i^ \ccount Type t^U^Ui^ Bank Name Amount US 7^^^^^^oe>i> Type; Cash, Services or Equipment \ccountType Bank Name amount Type: Cash, Services or Equipment account Type Bank Name amount Fype: Cash, Services or Equipment (\ccount Type Bank Name \mount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Fype: Cash, Services or Equipment -oans account Type Bank Name amount Type: Cash, Sen/ices or Equipment -cans \ccount Type Bank Name \mount type: Cash, Services or Equipment -oans \ccount Type Bank Name amount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address Ferrn security \mount DR 8404-1 (12/05/24)Page 5 of 6 Personal and Financial Information (Continued) ^Jame of Lender address term Security \mount Mame of Lender address term Security amount Mame of Lender \d dress Term security amount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Electronic signature is not accepted, physical signature is required. Print Signature 2)^ /y < ^f[^^^ Title Date (MM/DD/YY) yu^u^i^'6^^/zeyzc DR 8404-1 (12/05/24)Page 6 of 6 Nk. DRMn'. n!."ir'^-') COIOKADO OFPARTMENT OF REVENUE LHJJIT I r1"" '"'"'"I DiviMrm mi 'v i/>"v D(,, ,, ( 0)W1 7^)007 (3 - .'.l.s .'.WO Individual History Record lo be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directot-s of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding st6ck; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires irtformation that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of Business 8^t)e'(^C Q^O^f LlC 06A' ESTBS W_^ Home Phone Number Cellular Number^ofl^m- sa\^ Name (last, first, middle) IN^LSO^I A6^ie-S2^ DngoT^. List any other names you have usedmy other names you j-ERsijy Mailing address (if different from residence) Email Address ^rtes^ neteonscc:. can 1. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number Current City. State, ZIP/, OIBIC, \€SK<. fWC CD 805\-7 To:From:ZWl SO ^ previous Street and Number Previous City, State, ZIP ^ MS T^EST 11 /^^AGA- < 0) • ^? OOOS ^L__ ZZ,W-~w\ inoafFrom: 1—IWI Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment, (Attach separate sh(^t if necessary) Name of Employer or Business :NSLSO/ts cV.srnfn foAlsmiCTioM i^ Address (Street, Number, City, State, ZIP) pFQS-SwTWKAl AVE'M^L?Z.Position Held \ACE ^€^CQS~ From;To 5<»7 ^(oR Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held .i i /,',' ,i,'.' , .> From:To: Name of Employer or Business ^dc^^ess (Street,Number, City, State, -^JZIP) p ,i./ r :1^1_ f ! \ i :_L ^ _'' ' Position Held From:To: m , .' • I. I. \Y .-''i ^1 '• i ; 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You: ////^ . " , =>osition Held )i'l/I ' ;/1 "!! ^ T'-T. li^/\,^\ !' J\ Name of Licensee Name of Relative Relationship to You: Position Held Name of Licensee rjW Wi',-\ 11 ;"')W4 j r.n;,.. ?..'. Name of Relative Individual History Record (Continued) Relationship to You: Position Held Name of Licensee Name of Relative Relationship to You: Position Held Name of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to ^ y any licensee? .........A. (If yes, answer in detail.) 5. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?................ ................................................ Q Yes ^ No (If yes, answer in detail.)1.'h:.n 6. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?...^.................................................................. Q yes ^§ No (If yes, answer in detail.) 7. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence?.......................................... ^ Yes (If yes, answer in detail.) Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?.,,.. 0 Yes ^ No (If yes, answer in detail.) Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. D ocial Security Number Place of Birth ^ IIPOL^D U.S. Citizen 0 Yes (g No Name of District Court f Naturatized, state wherecoubiWfo /hen Naturalization Certificate Number Date of Certification ,....» ».» . ^ f an Alien, Give Alien's Registration Card Number 3ermanent Residence Card Number Height Weight Hair Color 5l-l IA5-^AOL^ ]| H/V2- Eye Color Gender^ Do you have a current Driver's License/ID? If so, give number and state. Driver's License Number Driver's License State ^ Yes 0 No 0)LO(W>0 Financial Information 9. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other..^ 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans,cash, services or equipment, operating capital, stock purchases or fees paid. $'^000 NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) rype; Cash, Services or Equipment UQ^AA^ \ccount Type ^hech^y Bank Name Amount B^lc o/ (joiowd'o ^•^S-,00^ Type^Cash, Services or Equipment Account Type Bank Name amount ryge; Cash, Services or Equipment \ccount Type Bank Name \mount Type: Cash, Services or Equipment \ccountType Bank Name Amount 12. Provide details of the corporate investment described in questipn 9. You must account for all of the sources of this investment. (Attach a separate sheet if n^dedf / \ t " Type: Cash, Services or Equipment-7|-oans account Type Bank Name Amount Tvoe: Cash, Services or Equipment Loans Account Type Bank Name Amount Type: Cash, Services or Equipment Loans Account Type Bank Name Amount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address rerm Security \mount Personal and Financial Information (Continued) ^ame of Lender \ddress Term security \mount ^lame of Lender \ddress Term iecunty \mount Mame of Lender address term security \mount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true. correct, and complete to the best of my knowledge. , , Electronic sigryirture is not acbBQted, physical signature is required.J AOM'gSteCr PA Title C^?t Date (MM/DDA'Y) 02) Rp.0^ TOWN OF ESTES PARI<^ March 9, 2026 Jackie Williamson, Town Clerk Town ofEstes Park EstesPark,C080517 RE: Sky Peak Group LLC dba Estes Perk Valkavets, Darya 04 Nelson, Agnieszka D. 0 Dear Ms. Williamson: A check of the Estes Park Police Department local records on the individuals was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the updates. There are no criminal reports involving the individuals listed dating back to 2022. Sincerely, lan Stewart Chief of Police Estes Park Police Department 170 MACGREGOR AVE. P.O. BOX 1287 Police Department lan Stewart, Chief of Police ESTES PARK, CO 80517 www.estes.org 970-577-3825 istewart@estes.org Attachment 4 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: March 24, 2026 Subject: Resolution 33-26 New Beer and Wine Liquor License Filed by Snow Dragon LLC dba Mary Jane’s, 358 E. Elkhorn Avenue, Estes Park, CO 80517 Type: Resolution, Quasi-Judicial Objective: Approval of a new Beer and Wine liquor license located at 358 E. Elkhorn Avenue, Estes Park, Colorado. Application filed by Snow Dragon LLC dba Mary Jane’s. Present Situation: An application for a new concurrent Beer and Wine liquor license was received by the Town Clerk’s office on November 15, 2025. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s requirement for Responsible Vendor Training. The current location is a retail store; however, the location was previously a restaurant. The licensee has completed a change in use with the Building Division to allow for a small area within the back of the store facing the river for a wine bar to include charcuterie boards, sandwiches, light snacks, etc. The liquor license application has been sent to the Colorado Department of Revenue Liquor Enforcement Division (LED) for a concurrent review as requested by the applicant. This allows the LED to review the application simultaneously with the Town and expedites the issuance of the new liquor license and allows the applicant to operate the license as soon as possible. Proposal: The application and relevant documents have been included for the Town Board’s review and consideration for a new Beer and Wine liquor license. The licensee has requested the license to serve alcohol. Advantages: • Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: • The owner is denied a business opportunity to operate a liquor license establishment. Action Recommended: Approval of the application for a new Beer and Wine liquor license. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Beer and Wine Liquor license is $1,112. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Beer and Wine Liquor license is $662. Level of Public Interest: Low. Sample Motions: I approve/deny Resolution 33-26. Attachments: 1. Procedures for Hearing 2. Resolution 33-26 3. Application, Diagram, Individual History 4. Police Report 1 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of Snow Dragon LLC dba Mary Jane’s, for a new Beer and Wine Liquor License located at 358 E. Elkhorn Avenue, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following: The application was filed November 15, 2025. At a meeting of the Board of Trustees on March 10, 2026, the public hearing was set for 7:00 p.m. on Tuesday, March 24, 2026. The neighborhood boundaries for the purpose of this application and hearing were established to be 3.5 miles. The Town has received all necessary fees and hearing costs. The applicant is filing as a Limited Liability Corporation. The property is zoned CD – Commercial Downtown which allows this type of business as a permitted use. The notice of hearing was published on March 13, 2026. Attachment 1 The premises was posted on March 13, 2026. There is a police report with regard to the investigation of the applicant. Status of Responsible Vendor Training "Classroom Setting" or "Live Streaming": X Unscheduled Scheduled * Completed (Previously) There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS. The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. Ask the Town Clerk or Town Clerk Office whether any communications have been received in regard to the application and, if so, to read all communication. Indicate that all evidence presented will be accepted as part of the record. Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. Declare the public hearing closed. 6. SUGGESTED MOTION: I move that Resolution 33-26 be approved/denied for a new Beer and Wine liquor license for the Snow Dragon LLC dba Mary Jane’s, 358 E. Elkhorn Avenue, Estes Park, Colorado. RESOLUTION 33-26 A RESOLUTION PERMITTING A NEW BEER AND WINE LIQUOR LICENSE FOR SNOW DRAGON LLC DBA MARY JANE’S 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 March 24, 2026 for a new Beer and Wine Liquor License, filed by Snow Dragon LLC dba Mary Jane’s, 358 East Elkhorn Avenue, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority to consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Beer and Wine Liquor License, filed by Snow Dragon LLC dba Mary Jane’s, 358 East Elkhorn Avenue, Estes Park, Colorado is approved. DATED this 24th day of March, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 2 DR,8404 (05/2,9/25) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 ^ _ i . _i i . . . r-»_<_.< . . • «.(303)205:2300 Colorado Liquor Retail License Application Note that the Division will not accept cash Paid by Check Date Uploaded to Movelt Paid Online 'Z"/ZO \~7JK-^ II New License f5^ New-Concurrent || Transfer of Ownership || State Property Only || Master file All answers must be printed in black ink or typewritten Applicant must check the appropriate box(es) Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG.Colorado.gov/Liquor Applicant is applying as a/an Individual Limited Liability Company || Association or Other Partnership (includes Limited Liability and Spouse or Partner in a Civil Union Corporation Applicant Name If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation 6hOiA/ D'i^gon L-L(L FEIN Number State Sales Tax Number Trade Name of Establishment (DBA) Mar^ Ja-ne'5 Business Telephone io-s~0^- W^ Address of Premises (specify exact location of premises, include suite/unit numbers) 35^? ea€>-f f^/^H^rn /^veniAe 3ity 6?>^$ P^-IC. bounty L. 0^1 m e-r State co IP Code 5'/T Mailing Address (Number and Street) W3 ^CL^ A/wcUwtw ft-^' am^5^ ?rr\'B ^,-3 City or Town State ZIP Code B^^t^ 'Pa^c eo ^O^i-t- Email Address 6( h ^. { ^(^ < ^ uJ ecne^ € gm^i I. ^om If the premises currently has a liquor or beer license, you must answer the following questions. Present Trade Name of Establishment (DBA) N I A resent State License Number 3resent Class of License ^resent Expiration Date Page 1 of 16 Attachment 3 Section A Nonrefundable application fees* II Application Fee for New License. .....................................................................................................$1,100.00 Application Fee for New License with Concurrent Review.................................................................. .$1,200.00 Application Fee for Transfer........................................................................................................... ..$1,100.00 Section B Liquor License Fees* II Add Optional Premises to H & R........................................................ .$100.00 X Total Add Sidewalk Service Area...................................................................,,.............................................$75.00 n Arts License (City).............................................................................................................................$308.75 n Arts License (County)........................................................................................................................$308.75 Beer and Wine License (City).............................................................................................................$351.25 Beer and Wine License (County)........................................................................................................$436.25 Brew Pub License (City)...................................................................................................................$750.00 Brew Pub License (County)................................................................................................................$750.00 Campus Liquor Complex (City)...........................................................................................................$500.00 Campus Liquor Complex (County)........................,.............................................................................$500.00 Campus Liquor Complex (State).........................................................................................................$500.00 Club License (City)...........................................................................................................................^308.75 Club License (County).......................................................................................................................$308.75 D Distillery Pub License (City)...............................................................................................................$750.00 Distillery Pub License (County)...........................................................................................................$750.00 II Entertainment Facility License (City)...................................................................................................$500.00 II Entertainment Facility License (County)...............................................................................................$500.00 Hotel and Restaurant License (City)................................................................................................,...$500.00 Hotel and Restaurant License (County)...............................................................................................$500.00 Hotel and Restaurant License with one optional premises (City).............................................................$600.00 Hotel and Restaurant License with one optional premises (County)....................................................... .$600.00 II Liquor-Licensed Drugstore (City)........................................................................................................$227.50 II Liquor-Licensed Drugstore (County).........................,.........................................................................$312.50 Lodging Facility License (City)............................................................................................................$500.00 II Lodging Facility License (County).......................................................................................................$500.00 DR 8404 (05/29/25) Page 2 of 16 Section B Liquor License Fees* (Continued) II Manager Registration - H & R..............................................................................................................$30,00 Manager Registration - Tavern.............................................................................................................$30.00 II Manager Registration - Lodging & Entertainment...................................................................................$30.00 II Manager Registration - Campus Liquor Complex....................................................................................$30.00 II Optional Premises License (City)........................................................................................................$500.00 Optional Premises License (County)...................................................................................................$500.00 Racetrack License (City)....................................................................................................................$500.00 II Racetrack License (County)...............................................................................................................$500.00 II Resort Complex License (City)...........................................................................................................$500.00 II Resort Complex License (County).......................................................................................................$500.00 II Related Facility - Campus Liquor Complex (City)..................................................................................$160.00 II Related Facility- Campus Liquor Complex (County)............................................................................ .$160.00 II Related Facility - Campus Liquor Complex (State)................................................................................$160.00 Retail Gaming Tavern License (City).................................................................................................. .$500.00 II Retail Gaming Tavern License (County)...............................................................................................$500.00 Retail Liquor Store License - Additional (City).......................................................................................$227.50 Retail Liquor Store License -Additional (County)..................................................................................$312.50 II Retail Liquor Store (City)....................................................................................................................$227.50 II Retail Liquor Store (County)...............................................................................................................$312.50 Tavern License (City).........................................................................................................................$500.00 Tavern License (County)....................................................................................................................$500.00 II Vintners Restaurant License (City)......................................................................................................$750.00 Vintners Restaurant License (County).................................................................................................$750.00 Questions? Visit: SBG.Colorado.gov/Liquorior more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total DR 8404 (05/29/25) Page 3 of 16 Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Colorado.gov/Liquorformore information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information 0.^ Applicant/Licensee identified State sales tax license number listed or applied for at time of application License type or other transaction identified Return originals to local authority (additional items may be required by the local licensing authority) All sections of the application need to be completed Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Retail License Application Diagram of the premises No larger than 81/2"X 11" Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) Separate diagram for each floor (if multiple levels) RFI Return originals to local authority (additional items may be required by the local licensing authority) Kitchen - identified if Hotel and Restaurant Bold/Outlined Licensed Premises Proof of property possession (One Year Needed) & VM?/ II Deed in name of the applicant (or) (matching Applicant Name provided on page 1) date stamped / filed with County Clerk Lease in the name of the applicant (or) (matching Applicant Name provided on page 1 ) Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant II Other agreement if not deed or lease. (matching Applicant Name provided on page 1) DR 8404 (05/29/25) Page 4 of 16 IV. Background information (DR 8404-1) and financial documents Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved State Vendor. Master File applicants submit results to the State Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO Appointment Scheduling Website: https://uenroll.identogo.com/workflows/25YQHT Phone: 844-539-5539 (toll-free) IdentoGO FAQs: https://cbi.colorado.gov/sections/biometric-identification-and-records-unit/biometric- identification-and-records-unit-faqs State Liquor Code for IdentoGO: 25YQHT Colorado Fingerprinting Appointment Scheduling Website: http://www.coioradofingerprinting.com/cabs/ Phone: 720-292-2722 833-224-2227 (toll free) State Liquor Code for Colorado Fingerprinting: C030LIQI Purchase agreement, stock transfer agreement, and/or authorization to transfer license List of all notes and loans (Copies to also be attached) Sole proprietor/Spouse or partners in a civil union (if applicable) Form DR 4679 Lawful Presence Affidavit Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) Certificate of Incorporation II Certificate of Good Standing Certificate of Authorization if foreign corporation (out of state applicants only) j. Partnership applicant information (if applicable) Partnership Agreement (general or limited). II Certificate of Good Standing VIII./' Limited Liability Company applicant information (if applicable)^ C/I Copy of articles of organization Certificate of Good Standing Copy of Operating Agreement (if applicable) Certificate of Authority if foreign LLC (out of state applicants only) Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application 30.00 fee II If owner is managing, no fee required DR 8404 (05/29/25) Page 5 of 16 1. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers under the age of twenty-one years?................................ U Yes <3P No 2. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a. Been denied an alcohol beverage license?................................... 0 Yes ® No b. Had an alcohol beverage license suspended or revoked?........... 0 Yes ® No c. Had interest in another entity that had an alcohol beverage license suspended or revoked?................................................................... 0 Yes ® No If you answered yes to a, b or c above, explain in detail on a separate sheet. 3. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years?............ 0 Yes ® No If "yes", explain in detail. 4. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary?........................................................ 0 Yes ® No or Waiver by local ordinance? 0 Yes ® No Other 5. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than (>) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.......................................................... 0 Yes 0 DR 8404 (05/29/25) Page 6 of 16 6.'Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than (<) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.......................................................... 0 Yes 0 No N/rtJ For additional Retail Liquor Store only. a. Was your Retail Liquor Store License issued on or before January 1, 2016?.... Q Yes 0 No b.Are you a Colorado resident?......................................................... 0 Yes 0 No 7. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to orfrom a licensee.................................................................... 0 Yes ^ No 8. Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement?.........Yes 0 No 0 Ownership @ Lease 0 Other (Explain in detail) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord Tenant Expires W^en^on. L-LG co_i±JcLhn5on, M^CfCiinQmem^y 5n6 ^ Orcx^on ct-C £>6/-i- M<t-^d-i^6 l^hh y $t.y ecnc^l, v\A e-^o ^'i J^^f "61^]5H b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question on page 9............................................... 0 Yes No c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 81/>" X 11". DR 8404 (05/29/25)Page 7 of 16 9. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Name t^//\ irst Name Date of Birth (MM/DDA/Y)=EIN or SSN Number nterest/Percentage Last Name ::irst Name Date of Birth (MM/DD/YY)=EIN or SSN Number nterest/Percentage ast Name rirst Name Date of Birth (MM/DD/YY)=EIN or SSN Number nterest/Percentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 10. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted?........... 0 Yes 0 No Number of additional Optional Premise areas requested. (See license fee chart)N//^ For the addition of a Sidewalk Sen/ice Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. 11. Liquor Licensed Drugstore (LLDS) applicants, answer the following: a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's L L D S premise?.......................................... If "yes" a copy of license must be attached. 0 Yes 0 No OR 8404 (05/29/25)Page 8 of 16 12. Club Liquor License applicants answer the following: Attach a copy of applicable documentation a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain?..................... 0 Yes 0 No b. Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain?........................ ^ Yes ^ No c. How long has the club been incorporated?.W/A d. Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above?.................................... 0 Yes 0 No( 13. Brew-Pub, Distillery Pub or Vintner's Restaurant applicants answer the following: a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached)................................................ ......................... 0 Yes 0 No 14. Campus Liquor Complex applicants answer the following: a. Is the applicant an institution of higher education?............................................. Q Yes 0 No b. Is the applicant a person who contracts with the institution of higher education to provide food services?..................................................................... 0 Yes 0 No| If "yes" please provide a copy of the contract with the institution of higher education to provide food services. 15. For all on-premises applicants. a. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application - DR 8000 and fingerprints. fa Last Name of Manager iue^nf^f irst Name of Manager 4^by 16. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide name, type of license and account number..0 Yes No Name Aj/<4 type of License i\ccount Number DR 8404 (05/29/25)Page 9 of 16 17. Related Facility - Campus Liquor Complex applicants answer the following: a. Is the related facility located within the boundaries of the Campus V Liquor Complex?.................................................................................................. 0 Yes's-CT No If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility - Campus Liquor Complex Last Name of Manager First Name of Manager V ('A l^/-^ 18. Entertainment Facility License If Applicant is applying for an Entertainment Facility License, you affirm that your business model arid aligns with the statutory privileges and requirements:........... 0 Yes 0 No(M^j Pursuant to 44-3-103(15.5) C.R.S., an Entertainment Facility means an establishment in which the primary business is to provide the public with sports or entertainment activities within its licensed premises; and that, incidental to its primary business, sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. If Applicant is applying for a Lodging Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:...,....... 0 Yes Pursuant to 44-3-103(29) C.R.S., a Lodging Facility means an establishment in which the primary business is to provide the public with sleeping rooms and meeting facilities; and that sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. 19. Tax Information. a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business?............. 0 Yes ® No b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.?......... 0 Yes I? No DR 8404 (05/29/25) . Page 10 of 16 If-applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Name Date of Birth (MM/DDA/Y) Street Address Wohx.f Siueene^€ 3ity t€H H(Zir€^ State 60 IP Code f6)S$;X 3osition Quuwr o Owned 100 Mame Date of Birth (MM/DDAT) Street Address 3ity state 71P Code 3osition /o Owned Mame Date of Birth (MM/DDAT) Street Address 3ity State 71P Code 3osition /o Owned Mame Date of Birth (MM/DD/YY) Street Address 3ity State 7|P Code position '/o Owned Name Date of Birth (MM/DDAT) Street Address 3ity State 71P Code =>osition '/o Owned DR 8404 (05/29/25)Page 11 of 16 If applicant is owned 100% by a parent company, please list the designated principal officer on above. Corporations - the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) If total ownership percentage disclosed here does not total 100%, applicant must check this box: Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S. I would like to apply fora Two-Year Renewal................................................................... 0 Yes ^ No Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer and Wine Code which affect my license. Printed Name Title 4b(<^ Su^eene^- _11 (Quun^ Authorized Signature ' Date (MM/DDA/Y) UL-^JU^,1-3 -oL$ DR 8404 (05/29/25) Page 12 of 16 Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority Date of local authority hearing (for new i; I ZAZ-y I 30 days from date of applicatic IZozX- For TransferApplications Only-Is the license being transferred valid?...................... 0 Yes 0 No The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: Fingerprinted II Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license Check One) 0 Date of inspection or anticipated date Will conduct inspection upon approval of state licensing authority Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of > 10,0000?............,............................................................... U Yes U No Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of < 10,0000?............................................................................ U Yes (J No NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. Does the Liquor-Li.censed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived from the sale of food, during the priortwelve (12) month period?............................................................................ U Yes ^J No The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved. DR 8404 (05/29/25) Page 13 of 16 Report and Approval of Local Licensing Authority (Continued) Local Licensing Authority approves the Temporary Permit...............................................0 Yes 0 No Approval Date of the Temporary Permit Expiration Date of the Temporary Permit lfthe temporary permit expires or an extension is required, the state liquor licensing authority should be notified of the status of the temporary permit. lf the temporary permit information is not filled out for the transfer of ownership, the Transfer Application will not be accepted and processed. Local Licensing Authority Approves this license for a two-year renewal........................ 0 Yes 0 No If "No", please cite the law, regulation, local ordinance or resolution that gives the local licensing authority the ability to deny the applicant and grounds for denial. Also, please provide any and all investigative reports, and administrative or criminal action that relate or justify this denial. Proof of Violation Local Licensing Authority for Telephone Number To<-ot4 av ^syreSa ^w c\-^o - ^n- ^T^\ Fown^City 0 County Printed Name Title Signature 3ate (MM/DD/YY) rinted Name ntie Signature Date (MM/DD/YY) DR 8404 (05/29/25)Page 14 of 16 DR.8495 (02/16/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 303) 205-2300 Tax Check Authorization, Waiver, and Request to Release Information I,a^ am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter Waiver") on behalf of the "Applicant/Licensee") JmiA/ /3^^cno ^L^ 'D^^? l^/l0.^^ l^€L^\Ji ^ 7^ to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as theApplicant's/Licensee's duly authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/ Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Page 15 of 16 Name (Individual/Business) Snow bw-c^on L^LC b6A l^A^cjJ^/U'5 Social Security Number/Tax Identification Number Home Phone Number Business/Work Phone Number rao-'^t. 7^51 clio -^{f-^oW Street Address 3sB ^s-^ ^^-)orn /9L/-^n^e City State ZIP Code Ks ft^r^-a)S06^- Printed name of person signing on behalf of the Applicant/Licensee A±> h^ <>uj€€ne^j Applicant/Licensee's Signature (Signature authorizing the disclosure of confidential tax information) Date Signed JiAJL^ni3^5 Privacy Act Statement Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). OR 8495 (02/16/24)Page 16 of 16 LUiza.0 UJ 1U tUI V.0 LU HI I K. 0.r^ LU RETAIL AREA (STORAGE BREAK ROOM m R.R. LOCKED STORAGE DRESSING ROOMS RETAIL AREA e) DRINKING FOUNTAIN(S)/- BOTTLE FILLER RETAIL ONLY, NO DRINKS BEYOND THIS POINT- SIGNAGETOBEPOSTEDALONGLIQUOR AREA PERIMETER 40Q-sqftLIQUORAREAfTOBEPOSTED) PROPOSED DRY BAR SERVICE EXIT i PATIO POS' RETAILAREA REFN Proposed Liquor Plan 3/32"= 1'-0" I c 0 s, u RETAILAR6A STORAGE ILOCKED STORAGE BREAK ROOM e) DRINKINGFOUNTAINfsyBOTTLEFILLER RETAIL AREA POS~RETAILAREA PROJECT DESCRIPTION: Liquor license for existing M-Mercantlle retail space to be served/consumed In designated areas. M | Retail V.B NON.SPRINKLERED 1:40' 1;<30' 3.81 Osf 9.000sf/Flr M. no increase None existing Retail -2.740/60(gross) =46 OCC CLASSIFICATIONS: CONSTRUCTION Tl'PE: ALLOWABLE # OF STORIES; HSHT: PROPOSED # OF STORIES; HGHT: GROSS AREA: ALLOWABLE AREA: AUTOMATIC SPRINKLER: OCC LOAD EA USE: C/2 Ul ?• 10^i{iffl: 0 Q: Ul a 3 I- 0 Ill I- 3 I- OTE0I §< 01° m .a; u-sn:li 5>i3coNa> ID 970.586.9140 BASIS.oom BASISAn+iitprh irp PC Issue: License Review Date: 1/26/2026 0) u• a h® w 0) ERtV PATIO r—^^./^__ j •. . /.s'^/.y7' ^^;/•/ J./ Existing Plan 1/16"= r-o"Vicinity Map DR 8«t04-l (15/OS/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO Box 17087 Denver CO 80217-0087 303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of Business SnouuJ b^on u-^ W ft /^l^^j J6u^{s lome Phone Number cellular Number rw-^l- ^^1 Your Full Name (last, first, middle) fi-bh^/ rhaj^/d UjiU^S^^^n^u\ List any other names you have used b\^ Ldc^ ^vue-ene^ , Afoby Sujeen^\f Mailing address (if different from residence) 4-55 ^^ k/^-m//^ ^en^u. ^n^3 Pm6^5 ^P, G6> ^5|/rT- Email Address C^hh^f. lOLLk. . ^ CAV €^m e. y ff 91-'^ ^ (/ * ^ m 1. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number Current City, State, ZIP JL....--....^..^-^.._». From: t^e-c.5--o^4- Cjitn l4^\j€n. HscUxJ^- to 86 s /^ Previous Street and Number 4(^ fb^l^H ULnC deviousCity, State, ZIP i+iqhl^nd^Mnch / <U) @0 From: " To: an. t , SLOXO 0^6, ;S~/ o^O oL.^ Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business 6ei-p^ Ma/r^ J^irus Address (Street, Number, City, State, ZIP) 5'^ €o<At ^JU^^orn^ Cu^-n^JL, Wa^ ^^, ^) ^OS(? Position Held SLu/my^ From:To: U^Uf l6~, 3LO^-C€^pAMULn^ Name of Employer or Business u^/az^s {(jqcnd^ M-ecu^kn^uL Address (Street, Number, City, State, ZIP) n^oo (LO ^M^ ^, EA^oPc^k-. ^0 SDSI^ Position Held r^i^t^ujer From:To: y\/[a^) is, ^o ^6 Name of Employer or Business b{a^UULA^ ^-U^^\^LOl ^UHA^ Address (Street, Number, City, State, ZIP) 305' {AJ^oi- nr\OiO)^^i^OL , f^A^ U^A^I^O^LO S)05^l Position Held U^L^Uy3^ U^^^^LQJ^OL^U^ From:To: O^L l°i. J6U^-fr/\JL<UL^^JC: 3. List the name/Kt nf relativfis wnrkinn in nr hnldinn a finanninl in+ftrftRt in thp. C.n\nrarin alnnhnl beverage industry. Mame of Relative~ Wflrr relationship to You: osition Held ^Jame of Licensee Mame of Relative relationship to You: Position Held *Jame of Licensee DR 8404-1 (12/05/24)Page 2 of 6 Name of Employer or Business t^ - t^ia.^ ^ay Gcsn^e^c^ Address (Street, Number, City, Stete,_Z!P]_ i^oi^i bai^i^ POU^KW^ Adcii^n TW- 1^001 Posjto'on Held iadj^nd^^ Cn^^uJi-^^, Tz^^n LtC^d From: ' To: M^ So/ oL^w Name of Eriiployer or Business M^ So/ oL^w ^/U2/<L^7\-^ 4U^y ^ilQjr ^^ Address (Street, Number, City, State, ZIP) c^^l 6tmo^f^ ^(wd, r^rmv^ ^m.nch.JY 7^oL^] Position Held ln^{Lpend^ivt' fo^/OMjt^uz^ / T^^n ^^O/ From: ' To: y^nj2 ^io^o • \\JCUWLO-^ ^o^ Name of Employer or Business s^^ ^ i-h^ QL ^ tA/l^ t^C Address (Street, Number, City, State, ZIP)i, ivumutii, ^ny, ouaic, 5S^ ^crr\^M^u Uu^ ^cncu. c li4A^o /^ut c ^) ^s (^ Position Held lA6U/Ut9^^ ^CfYW^n^U2A-, ^£A^C^ From: SiUh^HA. f3,^iM 5 0: CLJ^Ui. l°\. ^j0^ v\ m I® Is . Im 11 3 I ro W. ti \w Individual History Record (Continued) Name of Relative fv/4 relationship to You: Position Held ^lame of Licensee lame of Relative relationship to You: Position Held ^lame of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? If yes, answer in detail.) 0 Yes No 5.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?..................................................................... Q Yes If yes, answer in detail.) No 6. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?....................................................................... Q yes If yes, answer in detail.) No 7. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence?.0 Yes No If yes, answer in detail.) DR 8404-1 (12/05/24)Page 3 of 6 Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes @ No If yes, answer in detail.) Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth ChiCa.(lO\ I L- U.S. Citizen ® Yes Q No fNaturalized, state where /Vhen Mame of District Court Naturalization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number 3ermanent Residence Card Number height T'^" Weight t^6 4air Color Q^~€^h Eye Color liAJ^ 3ender perv^ale. Do you have a current Driver's License/ID? If so, give number and state. Driver's License Number Driver's License State Yes 0 No Cvlo^-^dD Financial Information 9. Total purchase price or investment being made by the applyinci entity, corporation, partnership, limited liability company, other.. 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans,cash, services or equipment, operating capital, stock purchases or fees paid.. NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 AT rn^ 7 •\ n p^l -^ s- Uo\ DR 8404-1 (12/05/24)Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Fype: Cash, Services or Equipment~uw \ ccount Type Sank Name \mount Fype: Cash, Sen/ices or Equipment \ccount Type Bank Name \mount Fype: Cash, Services or Equipment Kccount Type Bank Name \mount type: Cash, Services or Equipment account Type Bank Name \mount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type C^h (v^ ch&6^)^^/^^i^6^?<7 Bank Name Amount Co-tOfra.do 1>^c(<5,000 Fype: Cash, Services or Equipment -oans \ccount Type Bank Name \mount Type: Cash, Services or Equipment -oans \ccount Type Bank Name \mount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address V^ f ^ dry ^mH'h-^on 6^-//as- u. t^mf^iA /3P ^/^3 Term Security Amount KammlCL, Hg Wff-AA ll(o 7^ 3 3y€^rS /nv^^-4^r\/fi^~f ^o^ A/4-4^^-/w/^S DR 8404-1 (12/05/24)Page 5 of 6 Personal and Financial Information (Continued) Mame of Lender N/A address Ferm Security amount Mame of Lender \ddress Ferm Security \mount Name of Lender \ddress Ferrn Security \mount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Electronic signature is not accepted, physical signature is required. SL<^^ Print Signature h^1 ^^-€€V\e^j Title Date (MM/DD/YY) Hu)r^// ,3/^5 DR 8404-1 (12/05/24)Page 6 of 6 TOV^N OF ESTES PARI^ March 9, 2026 Jackie Williamson, Town Clerk Town of Estes Park EstesPark,C080517 RE: Snow Dragon LLC dba Mary Jane's Sweeney, Abby 09 Dear Ms. Williamson: A check of the Estes Park Police Department local records on the individual was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the updates. There are no criminal reports involving the individual listed dating back to 2022. Sincerely,^ J^? lan Stewart Chief of Police Estes Park Police Department 170 MACGREGOR AVE. P.O. BOX 1287 Police Department lan Stewart, Chief of Police ESTES PARK, CO 80517 www.estes.org 970- 577-3825 istewart@estes.org Attachment 4 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Paul Hornbeck, Senior Planner Department: Community Development Date: March 24, 2026 Subject: Resolution 34-26 Freelan Heights Subdivision Final Plat, Stanley Lot 2A LLC, Brad O’Neil Owner/Applicant Type: Public Hearing, Resolution, Quasi-Judicial, Objective: Conduct a public hearing to consider an application for a proposed final subdivision plat which would create ten single family lots and eliminate six existing duplex lots, review the application for compliance with applicable standards, and approve or deny the application. Present Situation: The subject property is part of the Stanley Historic District (District) and is therefore governed by the Stanley Historic District Master Plan Development Standards and Design Guidelines (Master Plan), which is accessible here (starting Page 88). However, development agreements for properties in the District dictate that subdivision applications remain subject to the subdivision process contained in the Development Code. Therefore, the Master Plan standards apply as does the Development Code process for subdivisions. This means the Master Plan provides the review criteria for Town Board’s decision on this application. The Master Plan dictates that all “new development” in the District be subject to the Master Plan process. So, while Town Board is the decision maker on the subdivision, the Stanley Technical Review Committee (TRC) has authority to approve “new development”, meaning all improvements associated with the subdivision, including buildings, site work, and landscaping. The Master Plan requires the TRC to review all new development first as a Preliminary Package, followed by a Final Package. This is in addition to review by the Architectural Review Committee (ARC). The ARC reviewed and approved model home plans (Attachment #5) for the proposed subdivision in June, 2025, finding them compliant with relevant design standards. This completes the necessary ARC review, provided future construction is in general conformance with those plans. The TRC approved the Preliminary Package on November 4, 2025, finding it met the standards set forth in the Stanley Master Plan subject to setback variances for two proposed buildings. TRC approved the final package on March 11, 2026. Lot 2 of the Stanley Historic District was platted in 2004 as the Overlook Condominiums, which included four multifamily buildings, 11 duplex buildings (22 units), and six single family building envelopes. The multifamily and duplex buildings were subsequently built out. In 2020, Lot 2 was subdivided into Lot 2A and 2B, with the unbuilt single-family envelopes on Lot 2A and the built out multifamily and duplexes on Lot 2B. In 2024 an amendment to the plat changed the six single-family envelopes on Lot 2A to duplex building envelopes (i.e. 12 units). This increase in density was in accordance with the densities permitted in the Stanley Master Plan. The context of the area includes single family homes to the northeast, the Black Canyon Inn to the north, duplex and multifamily buildings to the south on Lot 2B, and a significant rock formation to the west. There is considerable topography on the site, with slopes on most of the site between 15-30% and the significant rock feature on the northwest portion of the site with steeper slopes. The site is located outside mapped flood and geologic hazard areas but is within a mapped wildfire hazard area. Depending on timing of building permit submittals, the Colorado Wildfire Resiliency Code or Development Code standards may apply. The site is located within an important wildlife habitat area per the 1996 Comprehensive Plan wildlife map as a high use area for deer; however, no fencing is proposed. Proposal: The applicants request approval of a final subdivision plat to eliminate the six existing duplex building envelopes and create 10 single family lots. Lots range in size from approximately 6,700 to 23,600 square feet. Access to the site is from Overlook Court, which connects through the Stanley campus to Steamer Parkway. Two private, shared driveways are proposed to connect to Overlook Court, providing access to individual lots. The shared driveways will be maintained by lot owners and a shared driveway agreement will be recorded with the final plat. The northern driveway connects to the property to the north, Black Canyon Inn, as an emergency-only access. Advantages: The application complies with the relevant standards and criteria set forth below and with other applicable provisions of the Master Plan. Listed below is a summary of the relevant standards from the Master Plan, such as lot standards, density, grading, and other similar standards normally considered by Town Board in review of subdivisions. Other more unique standards such as building design are omitted here in deference to the ARC and TRC review of “new development.” However, Town Board may choose to weigh in on those standards as well. 1. Lots. All lots meet applicable minimum standards prescribed in the Master Plan, including minimum size of 6,000 square feet. 2. Minimum Open Space. A minimum of 30% designated open space is required. Each lot includes a building envelope to limit the developable area on each lot and reserve remaining area as open space in order to meet the 30% requirement. 3. Grading. Buildings shall be sited in a manner that preserves existing land forms and overlot grading for the sole purpose of creating flat building pads is prohibited. The slopes of the site necessitate some disruption to existing landforms; however, the grading plan shows grading focused around individual building footprints, rather than creating large, flat building sites. This is consistent with the objective of minimizing earthwork and placing buildings to fit within existing contours. 4. Preservation of Significant Vegetation. The Development Code defines significant conifers trees as those with a diameter at breast height of eight inches or larger. It appears approximately 20 significant trees will be removed due to new construction and approximately 25 new trees are proposed. Buildings do appear sited in a manner to minimize loss of trees. For example, buildings on lots one and two are clustered towards the common lot line. 5. Preservation of Significant Views. Buildings should be sited in a manner that preserves significant views. The primary concerns relate to maintaining views to the site. The most significant views of the historic district are those from the south towards the Hotel. Those views will not be impacted. Views from the homes north of the subject parcel will be impacted but not to an unexpected extent given development is permitted on the subject property; and given the proposed building orientation leaves view windows southwest towards Longs Peak. Photo simulations of the new buildings are provided in Attachment #6. 6. Road Alignment. Roads and driveways will require modest cut and fill. Finished grades appear to generally be within a few feet of existing grades. This is consistent with the requirement of following contours of the site. 7. Landscaping. The Master Plan seeks to soften off-site views of buildings with landscaping and plantings that reflects native vegetation patterns. The landscape plan depicts aspen and spruce trees, located to soften views of buildings. 8. Pedestrian Circulation. The Master Plan requires sites to facilitate pedestrian circulation. A sidewalk currently exists along Overlook Court, terminating at the cul-de-sac. The low volume of traffic does not warrant new sidewalks on the shared driveways. 9. Density. The Master Plan envisioned three development scenarios for Lot 2: all residential, with a cap of 46 units, all accommodations, with a cap of 92 units, or a mix of residential and accommodations with a formula to determine maximum allowed density. The mixed scenario applies to this application as there is currently a mix of residential units and vacation homes. The Development Code considers vacation homes as an Accommodations use, as defined in Section 13.2 (Use Classifications/Specific Use Definitions and Examples): Vacation Home: A residential dwelling unit that is rented, leased or occupied for accommodations purposes for compensation for terms of less than thirty (30) days. The Development Code further defines Accommodations Use, as stated in Section 13.3 (Definitions of Words, Terms and Phrases): 6. Accommodations Use shall mean the rental, leasing or occupancy of any room, mobile home, recreational vehicle, camp site or other area in a visitor-serving facility that provides temporary lodging, such as any hotel, motel, guest house, apartment, dormitory, mobile home park, recreational vehicle park or campground, any single-family dwelling, duplex, multiple- family dwelling, condominium unit, or any such similar place, to any person whom, for a consideration, uses, possesses or has the right to use or possess such room, mobile home site, recreational vehicle site, camp site or other area for a total continuous duration of less than thirty (30) days. Additionally, application materials associated with the 2004 TRC approval of The Overlook demonstrate an intent to utilize at least some of the units for accommodations use. The enclosed Reservation and Guest Services Agreement (Attachment #11) between the developer of The Overlook and the Stanley Hotel indicate the Stanley Hotel was to manage rental of the units on a transient basis. The Master Plan specifies that for each residential unit built, the 92 permitted accommodation units decreases by two units and for every two accommodations units built, the 46 permitted residential units decreases by one. The ten proposed units comply with these maximums regardless of their use as either residential or accommodations. Detailed calculations were provided by the applicant in Attachment #7. There is also a cap on the total square footage of accommodations units set at 75,000, which is reduced by 1,250 square feet per residential unit. Accordingly, the 8 existing and 5 planned residential units reduce the allowed square footage to 58,750. Existing accommodation units total 43,352 square feet, meaning 15,398 square feet remains for new accommodations uses. Current square footage is determined by cross referencing licensed vacation homes with unit square footage provided by previous owners of Lot 2A. Current square footage can change year-to-year as property owners may obtain or surrender vacation home licenses. As such the square footage cap will be enforced through the vacation home licensing process. Parcel 2, Development Standard No. 6, of the Master Plan states: “If accommodations are developed at the north edge of the parcel, the balance of the property shall be developed for accommodations with no single building footprint to exceed 120 feet in length”. This provision is interpreted to mean that if accommodations are developed at the north edge of the parcel, then any and all accommodations buildings developed on the parcel shall comply with the stated dimensional restriction (i.e. no length can exceed 120 feet). This provision ensures building massing does not get too large, and thus become incompatible with the surrounding residential uses. The homes proposed within this subdivision comply with Development Standard No. 6. 10. Off-Site Utilities and Services. While not a requirement in the Master Plan, utility and service providers have reviewed the application. The Water Division, Power and Communications, Estes Valley Fire Protection District, and Estes Park Sanitation District have expressed no objections to the proposed subdivision. Disadvantages: None identified. Action Recommended: Staff recommends Town Board approve the final plat application. Finance/Resource Impact: Future ongoing expenditures for municipal services serving the properties will be minor compared existing town-wide expenditures on these items. Level of Public Interest: As of this writing no formal public comments have been received on this application; however, staff has received inquiries from three individuals who expressing concern the application does not comply with the Master Plan. In accordance with the notice requirements in the Code, notice of this hearing was published in the Estes Park Trail-Gazette, on February 25, 2026 and notice was mailed to all required adjacent property owners on February 25, 2026. A sign was posted on the property by the applicant. A neighborhood meeting was held by the applicant, a summary of which is enclosed (Attachment #8). Sample Motion: 1.I move to approve Resolution 34-26. 2.I move to forward to deny the application, finding that … [state findings for denial]. Attachments: 1. Resolution 2.Statement of Intent 3.Preliminary Subdivision Plat 4.Landscape Plan 5.Building Plans 6.Photo Simulations 7.Density Calculations 8.Neighborhood Meeting Summary 9.Drainage Report (linked here due to size) 10. Draft Shared Maintenance Agreement 11. Reservation and Guest Services Agreement RESOLUTION 34-26 A RESOLUTION APPROVING THE FREELAN HEIGHTS SUBDIVISION FINAL PLAT WHEREAS, an application for the Freelan Heights Subdivision Final Plat was filed by Stanley Lot 2A LLC (Owner/Applicant); and WHEREAS, the Freelan Heights Subdivision Final Plat proposes subdivision of a 3.1-acre property to create ten (10) lots in A (Accommodation) Zoning District within the Stanley Historic District; and WHEREAS, a public meeting was held before the Estes Park Panning Commission on January 20, 2026, at the conclusion of which the Planning Commission voted to recommend approval of the Preliminary Subdivision Plat to the Estes Park Board of Trustees, with conditions; and WHEREAS, a public hearing was held before the Estes Park Board of Trustees on February 10, 2026, at the conclusion of which the Board of Trustees voted to approve the Preliminary Subdivision Plat, with the following conditions of approval: 1.The Final Plat shall designate which lots permit accommodations use and which are restricted to residential use. 2.Access easements and driveway/drainage maintenance agreements, benefiting all lots with indirect access, shall be included with the Final Plat application and recorded with the Final Plat. WHEREAS, the Freelan Heights Subdivision Final Plat is in conformance with the Freelan Heights Subdivision Preliminary Plat; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on March 24, 2026 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code and the Stanley Historic District Master Plan Development Standards and Design Guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Freelan Heights Subdivision Final Plat is hereby approved. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 October 23, 2025 Estes Park Community Development Statement of Intent Freelan Heights (Stanley Lot 2A) Summary We are proposing a for-sale 10-unit mixed residential/accommodations development on Lot 2A within the Stanley Hotel Historic District in Estes Park. Lot 2A is a 3-acre vacant site with A-Accommodations zoning and is the remaining development parcel within the Overlook residential/accommodations community consisting of 40 existing units. The 6 building envelopes within Lot 2A were initially platted for single family homes but were recently approved for 6 duplexes yielding 12 units. We are proposing to revise the plat replacing the 6 building envelopes and surrounding common area with a 10-lot single family subdivision. We will then construct and sell 10 single family homes. We believe this development will provide certain benefits and advantages to the Stanley residential community including: a distinct product type not currently offered within the Overlook neighborhood, a preferred unit type for primary and second home buyers, buildings with smaller massing, and expanded landscaping between the buildings. The individual units will be two stories above grade with finished walk-out basements. Total unit square footage is anticipated to be in the 3,200 to 3,600 sf range. Each unit will have a 2-car garage and feature up to 5 bedroom/bath suites. Exterior amenities include south or west facing decks on the main and upper levels and a patio on the lower level. Except as noted in the variance request section below, the site plan, exterior building designs and residential/accommodations unit mix will conform with the development standards and design guidelines within the Stanley Historic District Master Plan. Exterior siding will consist of natural materials with an appropriate mix of textures and muted colors that will complement the existing Overlook units. High volume ceilings and abundant natural light is planned for the interior spaces. All units will utilize energy efficient designs and construction materials. We anticipate providing EV charging stations within the unit garages. Variance Request With the goal of maximizing unit separation, we are lowering the density from the approved 12 units to 10 units and requesting variances for the following setback requirements: 1.15’ south setback for Lot 1. The property directly south of Lot 1 contains a drainage easement. We request a 10’ south setback for this lot. 2.50’ north setback for Lot 6. The property directly north of Lot 6 is Black Canyon Inn, which is not a residential property requiring the 50’ setback per the Stanley Historic District Master Plan. We request a 25’ north setback for this lot. Attachment 2 We believe the site plan with these two set-back variances is advantageous to, and in conformity with, the intent of the Master Plan and the Guidelines. Respectfully, Brad O’Neil Estes Valley Partners Don Darling Darling Enterprise ’’ 10.FENCES,EXCEPT TRANSPARENT FENCES TO PROTECT LANDSCAPING, ARE PROHIBITED UNLESS APPROVED IN ACCORDANCE WITH THE STANLEY HISTORIC DISTRICT MASTER PLAN DEVELOPMENT STANDARDS AND GUIDELINES. Attachment 3 Attachment 4 6 5 4 3 2 7 8 9 10 1 KEY EXISTING TREE TO KEEP PLANTED ASPEN TREE PLANTED SPRUCE TREE NATIVE SHRUB 1.5" ROCK BORDER NOTES: ALL PLANTINGS TO BE WATERED WITH DRIP IRRIGATION . 3' ROCK BORDER AROUND PERIMETER OF EACH UNIT (1.5" ROCK). ALL TREES TO BE PLANTED AT LEAST 10' AWAY FROM UNIT. PLANT SIZES: At the time of installation, plants shall be no smaller than the following:(1)Deciduous trees:(a)Fifty percent (50%) of amount on site: four-inch caliper.(b)Fifty percent (50%) of amount on site: two-inch caliper.(2)Evergreen trees:(a)Fifty percent (50%) of amount on site: eight (8) feet tall.(b)Fifty percent (50%) of amount on site: six (6) feet tall.(3)All shrubs: five-gallon. PLACED MOSS ROCK ST A N L E Y L O T Es t e s P a r k , C O PARK LANDSCAPING PR O J E C T : REVISIONS INITIAL:DATE: DATE: DRAWN BY: GF CHECKED BY: LANDSCAPE PLAN SHEET: 1 PR O J E C T : REVISIONS LA N D S C A P E P L A N INITIAL:DATE: DATE: 08/28/2025 DRAWN BY:CHECKED BY: SHEET: Attachment 5 Stanley Lot 2A Model Unit Design preliminary design subject to final refignments Design Compliance Floor Plans Elevations Perspectives Model Unit Location p 2 p 3 p 4-7 p 8-12 p 13 Long's Peak and Continental Divide View to the West Prospect Mountain and Estes Park View to the South Lake Estes View to the East June 16, 2025 Attachment 6 Compliance with Stanley Historic District Master Plan Key Design Guidelines Proposed Design Building Form Development shall provide a unified high quality architectural character with a variety of building configurations designed to fit the site and create visual interest with varied rooflines, building footprints, and entry treatments. Roofs have a minimum pitch of 4:12 and maximum allowable height of 30’ as defined. The exterior design of the house has a variety of architecturally distinctive elements including varying wall planes on each façade, exposed heavy timber roof framing, and a prominent turret element designed to showcase the panoramic views from inside. All roofs have a 4:12 pitch and the uppermost ridgeline has a maximum allowable height of 29’-2”. Materials Exterior materials should be in keeping with the mountain environment and be compatible with the adjacent residential neighborhood. The use of natural materials such as redwood and cedar, and accent stone is encouraged. Wall materials should convey a sense of human scale and warmth. Stones should be laid in a manner that conveys the appearance of a structural element rather than as a veneer facing another material. They should not convey an overly urban or industrial character. The exterior materials align well with the mountain environment and are compatible with the surrounding neighborhood. The use of cedar wood siding provides a natural texture and warm appearance. Stonework at the base of the walls is composed of natural stone giving this material the look of a structural element and effectively complements the wooden siding. The combination of these materials including the heavy timber framing enhances the house’s integration with its natural surroundings. Colors On exterior walls the predominant tone should tend toward warm earthy hues, whether in the natural patina or weathered color of the wall surface itself or the color of the paint, stain or other coating. The wood siding features gray/brown stain on the primary walls and a darker gray/brown stain on the accent walls. The roof shingles and the stone base will compliment the wood siding with gray/brown tones. Trim will be dark gray. Decks Attached decks and patios shall be encouraged but not required for all units. These shall be spacious, private functional outdoor living spaces carefully sited and partially enclosed by building walls, low landscape retaining walls, and plantings. These shall be constructed using the same stone and wood materials and detailing used on the building exterior. The house includes decks at each upper level and a lower-level patio that are spacious and functional. The second level deck, featuring a pergola structure, is partially enclosed by walls on two sides providing privacy from adjacent houses. The careful siting of these decks, especially the second level deck with its elevated views, enhances the house’s relationship with the site. Miscellaneous Careful consideration of wind protection, solar orientation, framing of desirable views, privacy, and varied entry treatments shall be clearly demonstrated in the building architecture and its relationship to the site and neighborhood buildings. The panoramic views of the continental divide to the west to Lake Estes to the east are framed by the extensive use of glass, the 2-story turret element and spacious second level deck. All levels at the rear elevation feature large windows and sliding glass doors maximizing solar gain and natural light. 2 Up Game Table Wet Bar Mech Storage Bedroom Suite 5 Bedroom Suite 4 Family Patio Lower Level Main Level Upper Level Long's Peak and Continental Divide Prospect Mountain and Estes Park Lake Estes Views Kitchen Family Dining Master Suite Laundry Entry Up Dn FP FP 2-Car Garage with Storage Deck Dn Open to Below Bedroom Suite 3 Bedroom Suite 2 Deck Bar Fridge Fire Pit Linen FP Floor Plans •3,612 finished sf •2 levels above grade with walkout lower level •5 bedroom suites •3 outdoor spaces with upper level heated deck Up Grille Pantry Mech 3 Front Elevation A B H A - Vertical cedar siding with gray/brown stain B - Vertical cedar siding with darker gray/brown stain C - Dry stacked stone to compliment siding with gray/brown tones D - Dark gray trim E - Windows and doors with dark gray frames F - Heavy wood timber framing with redwood stain G - Dark gray metal railings H - Asphalt shingles to compliment siding with gray/brown tones C D F E G 4 Left Elevation 29'-2" above average finished grade (30' max) 4'-10" average finished grade 4:12 pitch - all roofs 0' 10' 5 Back Elevation 6 Right Elevation 7 8 9 10 11 12 Lot 2A Model Unit 13 Stanley Lot 2A Photo Survey Views Attachment 7 View 1 View 1 View 2 View 2 View 3 View 3 View 4 View 4 Stanley Allowable Residential and Accommodation Units per Stanley Historic District Master Plan (SHDMP) 9/20/2025 Lot 2B (Overlook Condos) resi and accom units Lot 2A (Freelan Heights) accom units allowed based on SF Unit #SF Resi Accom Max accom SF per SHDMP 75,000 301 792 792 Overage approved by TRC 7/12/2022 1,776 303 864 864 Revised max accom SF 76,776 305 864 864 307 792 792 Lot 2B resi units 10 311 792 792 Lot 2A resi units 5 313 864 864 Total resi units 15 315 864 864 Accom SF reduced by each resi unit (1,250) 317 792 792 Total accom SF reduced (18,750) 321 792 792 Allowable accom SF 58,026 323 864 864 325 864 864 Lot 2B accom SF total (39,422) 327 864 864 Lot 2A accom SF allowed 18,604 329 792 792 Lot 2A accom SF per unit 3,573 341 792 792 Lot 2A accom units allowed 5 343 864 864 345 864 864 Total resi and accom units allowed per SHDMP 347 864 864 Lot 2A resi and accom units 10 349 792 792 Lot 2B resi and accom units 40 314 1,755 1,755 Total Lot 2A and 2B units 50 316 2,175 2,175 Total resi and accom units allowed 92 318 1,755 1,755 320 2,175 2,175 Total accom units allowed per SHDMP 322 1,755 1,755 Lot 2A accom units 5 324 2,175 2,175 Lot 2B accom units 30 326 1,755 1,755 Total Lot 2A and 2B accom units 35 328 2,175 2,175 Total accom units allowed(1)62 330 1,755 1,755 332 2,175 2,175 Total resi units allowed per SHDMP 334 1,755 1,755 Lot 2A resi units 5 336 2,175 2,175 Lot 2B resi units 10 402 1,755 1,755 Total Lot 2A and 2B resi units 15 404 2,175 2,175 Total resi units allowed(2)28 406 1,755 1,755 408 2,175 2,175 (1) Each resi unit reduces accom units by 2: 92-(15x2)=62 410 1,310 1,310 (2) Each 2 accom units reduce resi units by 1: 46-(35/2)=28 412 1,290 1,290 414 1,310 1,310 416 1,290 1,290 418 1,310 1,310 420 1,290 1,290 Total SF 54,216 14,794 39,422 Total units 40 10 30 Attachment 8 Prepared by and after recording return to: Bradley P. O’Neil Stanley Lot 2A LLC PO Box 2804 Estes Park, CO 80517 DECLARATION OF EASEMENT AND MAINTENANCE AGREEMENT THIS DECLARATION OF EASEMENT AND MAINTENANCE AGREEMENT (“Declaration”) is made as of the ____ day of ____________________, 2026 by STANLEY LOT 2A LLC, a Colorado limited liability company (“Declarant”). W I T N E S S E T H: A.Declarant is the current record owner of certain real property located in Larimer County, Colorado as legally described in Exhibit A (the “Property”). B.Pursuant to the Plat of Freelan Heights at the Stanley Subdivision, Town of Estes Park, County of Larimer, State of Colorado (the “Plat”), a copy of which is attached as Exhibit B, the Property is being subdivided (the “Subdivision”), including to create Lots 1 through 10 (each a “Lot” or the “Lots”), all as set forth on the Plat. C.As of the date of this Declaration, Declarant is the owner of all the Lots in the Subdivision and desires to declare and establish (1) the specific terms of an access easement benefitting each of the Lots, which access easement is generally shown on the Plat and is specifically outlined on Exhibit B attached hereto and incorporated herein (the “Access Easement”), and (2) the obligations of the owners of the Lots with respect to the maintenance, repair and replacement of the Access Easement and the road and other improvements installed or to be installed in the Maintenance Area (defined below) by or on behalf of Declarant or the owners of the Lots from time to time (the “Improvements”). NOW, THEREFORE, Declarant hereby declares that the following easement shall (i) burden the Property, (ii) shall be binding upon and inure to the benefit of Declarant and the owner(s) from time to time of each of the Lots (individually a “Lot Owner” and collectively the “Lot Owners”), and (iii) shall run with the Property and be subject to this Declaration and be sold and conveyed subject thereto. 1.Recitals Incorporated; Certain Defined Terms. The Recitals set forth above and the terms defined therein shall be considered terms and provisions of this Declaration, with the same force and effect as if fully set forth in this Section 1. 2.Easement Area and Maintenance Area. Subject to the terms and conditions of this Declaration, Declarant hereby establishes, grants and creates, for the benefit of Declarant, the Lot Owners, and their respective agents, licensees, and invitees, the Access Easement, which shall be a permanent, non- exclusive, private access easement to and from each Lot in and through the easement area, all as described and depicted on Exhibit B (the “Easement Area”). The Access Easement a private access easement only, and nothing herein creates a public easement or right of way for the benefit of the general public. Furthermore, the Lot Owners shall have the rights and obligations with respect to the maintenance, repair Attachment 10 Declaration of Easement 4936-9721-1279, v. 2 and replacement of the Easement Area and the Improvements installed therein and other common maintenance areas in the Subdivision as described and depicted on Exhibit C (the “Maintenance Area”), all as described in this Declaration. 3.Maintenance and Repairs. The Lot Owners, at the respective Lot Owners’ expense, shall be equally responsible for all maintenance, repairs and replacements needed to keep the Easement Area and any Improvements installed in the Maintenance Area in good condition and repair for the purposes set forth in this Declaration, including, without limitation, the sharing of responsibility for snow removal and replacement of paving and shall have reasonable access to the Maintenance Area for such purpose. Any damage caused to the Easement Area or Maintenance Area or any related Improvements by the negligence or willful misconduct of a Lot Owner or such Lot Owner's agents, licensees or invitees shall be repaired by, and solely at the cost of, such Lot Owner. 4.Construction and Design Standards. The following are applicable to the installation, maintenance, repair, and replacement of Improvements in the Easement Area or the Maintenance Area: a.As long as Declarant owns a Lot in the Subdivision, Declarant reserves the right to approve the design and configuration of any Improvements to be constructed in the Easement Area or the Maintenance Area, such approval not to be unreasonably withheld, conditioned or delayed. b.All maintenance, repairs and replacements to the Easement Area or the Maintenance Area or the Improvements installed therein shall be in accordance with applicable laws and regulations, including the following design requirements set forth in Appendix D of the Estes Park Development Code: •All driveways serving eight (8) or more parking spaces shall be paved and constructed with a minimum edge radius of five (5) feet on both sides, and shall be surfaced with at least three (3) inches of bituminous paving material or four (4) inches of concrete (Appendix D. III. B. 9. a). •Where garages are used to satisfy parking requirement, the driveway apron shall be at least twenty (20) feet in length unless it is demonstrated the design will not interfere with adjoining traffic movements (Appendix D. III. B. 9. c). •Responsibility for maintaining the gravel drive connection on Lot 6 shall be shared by all property-owners in the subdivision as this access for emergency purposes benefits all ten lots. 5.Performance. Each Lot Owner, by acquiring an interest in the respective Lot shall automatically become vested with the rights provided under this Declaration and shall be burdened by the obligations contained herein. If any Lot Owner fails to perform as required under this Declaration, then any Lot Owner (individually a “Non-Defaulting Party” and collectively the “Non-Defaulting Parties”) shall have the right, but not the obligation, to enforce the terms of this Declaration. In the event of any failure to perform under this Declaration, Non-Defaulting Parties may give written notice to the defaulting Lot Owner detailing such default and the defaulting Lot Owner shall have thirty (30) days to commence to cure such default. If such cure is not commenced in such thirty (30) day period and diligently pursued to completion, the Non-Defaulting Parties shall be permitted, but not required, to cure such default, and in which case the defaulting Lot Owner shall promptly reimburse the Non-Defaulting Party for the defaulting Lot Owner’s share of the costs incurred in curing such default. Without limiting the foregoing, if a Lot Owner’s failure to perform its obligations hereunder prevents or hinders the use of the Easement Area by or for the benefit of the Non-Defaulting Parties, the Non-Defaulting Parties may immediately cure such default and the defaulting Lot Owner will be responsible for the commercially reasonable costs incurred in connection therewith. Each Lot Owner shall have the right to bring an action against another Lot Owner who violates Declaration of Easement 4936-9721-1279, v. 2 this Declaration to enforce such violation, to cause any such violation to be remedied, for injunctive relief, and/or to recover damages caused by such violation. In any legal or equitable proceeding for the enforcement of this Declaration, or any provision hereof, whether it be an action for damages, declaratory relief, injunctive relief, or any other action, the prevailing party or parties in such action shall recover from the non-prevailing party or parties all of its costs incurred in such action, including without limitation reasonable attorneys’ fees, and interest thereon at the rate of twelve percent (12%) per annum after the entry of judgement. Costs for purposes of this action shall include court costs and reasonable attorney’s fees. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. The failure of any Lot Owner or Lot Owners to enforce any of the conditions, covenants, restrictions or reservations contained herein shall in no event be deemed to be a waiver of the right to do so for subsequent violations or the right to enforce any other conditions, covenants, restrictions or reservations contained herein. Each Lot Owner shall indemnify, defend and hold the other Lot Owners harmless from and against any and all claims, expenses, liabilities, loss, damage and costs, including without limitation reasonable attorneys’ fees, and any actions or proceedings in connection therewith, incurred in connection with, arising from, due to, or as a result of the use by the indemnifying party or its invitees of the Easement Areas, and/or as a result of the indemnifying party’s material breach of this Declaration. 6. Binding Effect; Easement Runs with the Land. The Access Easement and terms of this Declaration shall constitute covenants running with the land and shall bind the portions of the Property described herein and inure to the benefit of and be binding upon each Lot Owner. This Declaration, the obligations of the Lot Owners, any other provision hereof or any easement granted herein, may not be amended or terminated except by the unanimous consent of the Lot Owners; provided that the Declarant may amend this Declaration as long as it owns a Lot in the Subdivision. If any Lot Owner sells or transfers its Lot, such Lot Owner shall be and is hereby entirely freed and relieved of any liability or obligations under this Declaration arising out of any act, occurrence or omission occurring after the consummation of such sale or transfer. 7. Recording. Declarant will duly execute and record this Declaration promptly upon recording of the final plat for the Subdivision. No amendments or other documents related to the Declaration may be recorded against the Property by any party other than Declarant, as long as Declarant owns a Lot in the Subdivision. 8. Declarant Rights. Any rights reserved to Declarant under this Declaration shall remain until the Declarant no longer owns any Lot in the Subdivision. [The remainder of this page intentionally is left blank] Declaration of Easement 4936-9721-1279, v. 2 IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed by its duly authorized representatives effective as of the day and year first above written. STANLEY LOT 2A LLC, a Colorado limited liability company By: Name: Title: STATE OF COLORADO ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of __________, 2026, by _____________________, as _______________ of Stanley Lot 2A LLC. Given under my hand and official seal, this _____ day of _______________, 2026. Notary Public My Commission Expires: Exhibit A Legal Description of the Property Exhibit B Easement Area Declaration of Easement 4936-9721-1279, v. 2 Exhibit C Maintenance Area Attachment 11 ’ ’ Updated Plat Provided at Meeting 2026-03-24 2 Primary Assertions in the 1.Density Limited to 46 Residential Units Proposed 10-lot subdivision exceeds Overlook density limit by 4 lots. 2.Model Home Non-compliant Attachment provided by applicant at meeting. 2026-03-24 January 11,1994 Parcel 2 -The Overlook Parcel Site Development Considerations Stanley Historic District Master Plan/33 Development of this parcel may consist of either Residential or Accommodations development and not a combination of both. Parcel 2 —The Overlook Parcel requires special development consideration,not only to preserve the significant site qualities it possesses,but also to ensure that development impact to all adjacent home sites,particularly those to the north,is mitigated to the fullest extent possible.Views to the south and west are of particular value in this upper portion of the hillside.Therefore,viewshed preservation must address impacts to off-site homes,while providing view windows for existing and proposed development The seasonal migration of elk and deer populations must be considered to reduce hindrance of their natural passage through the parcel.The upper reaches of this parcel are grassed hillside,while existing significant vegetation is generally located in the lower portions of the parcel.However,more dense development is proposed in these lower areas to provide a density transition away from existing off-site homes.To mitigate this conflict^careful clustering of the higher density development that responds to existing tree locations is required to preserve the valuable natural setting that the undeveloped parcel holds.The Development Standards and Design Guidelines that follow have been prepared to address these and other,more general site preservation considerations. January 11, 1994 Stanley Historic District Master Plan / Parcel 2 DEVELOPMENT STANDARDS Land Use: 1.Residential • Multi-family and single family. 2.Accommodations 3.Mixed Residential/Accommodations Recommended Uses: Single family detached residences and attached dwellings in two-, three-, four-, and multi-plex building configurations. Maximum Allowable Development: 1.Residential: 46 dwelling units Actual development is based on meeting the specific setbacks and design guidelines and standards. 2.Accommodations: 92 units not to exceed 75,000 s.f. Minimum Lot Area Single Family Detached: 6,000 s.f. Maximum Building Height: 30 ft. Off-street Parking: Residential: Two (2) covered spaces per unit, enclosed by building structure. Accommodations: per Town Code. Minimum Setbacks from exterior property lines. Buildings: North: 50’ East: 25’ Residential; 50’ Accommodations South: 15’ West: 15’ Minimum Building Separation: 10’ Minimum setback from private drives right-of-way: 10’ Minimum Open Space: 30 % In subdivided single family detached development, 30% designated open space shall be provided exclusive of lotted area. Right-of-way and/or private street reservation: 45’ width January 17, 1994 Stanley Historic District Master Plan / PARCEL 2 – THE OVERLOOK PARCEL Site Development Considerations Parcel 2 – The Overlook Parcel requires special development consideration, not only to preserve the significant site qualities it possesses, but also to ensure that development impact to all adjacent home sites, particularly those to the north, is mitigated to the fullest extent possible. Views to the south and west are of particular value in this upper portion of the hillside. Therefore, viewshed preservation must address impacts to off-site homes, while providing view windows for existing and proposed development. The seasonal migration of elk and deer populations must be considered to reduce hindrance of their natural passage through the parcel. The upper reaches of this parcel are grassed hillside, while existing significant vegetation is generally located in the lower portions of the parcel. However, more dense development is proposed in these lower areas to provide a density transition away from existing off-site homes. To mitigate this conflict, careful clustering of the higher density development that responds to existing tree locations is required to preserve the valuable natural setting that the undeveloped parcel holds. The Development Standards and Design Guidelines that follow have been prepared to address these and other, more general site preservation considerations. Development of this parcel may consist of either Residential or Accommodations development or a combination of both. January 19, 1994 Stanley Historic District Master Plan / 35 Parcel 2 DEVELOPMENTR STANDARDS SPECIAL CONDITIONS 1. A minimum buffer setback of 50’ shall be established along the north property line of Parcel 2. 2. Residential usage: Only single family detached or duplex are allowed along the north property line. 3. Accommodation usage: A maximum of nine (9) building footprints, not to exceed 3,600 s.f. of gross floor area each, shall be allowed along the north property line (with 50’ setback). These may be constructed as one (1) or two (2) for sale units or a maximum of two or four accommodation units. One enclosed parking space per each accommodation unit. 4. Residential development: A 25’ minimum building setback is required at the east parcel boundary adjacent to Parcel 3. 5. Accommodation development: Building setback along the east property line is 50 feet. 6. If accommodations are developed at the north edge of the parcel, the balance of the property shall be developed for accommodations with no single building footprint to exceed 120 feet in length. 7. Prior to development on Parcel 2, a private street system built to Town of Estes Park Public Street Standards must be constructed by the developer and shall connect Parcel 2 with a public street. Street location must meet Technical Review Committee approval. 8. Parking for accommodations shall be clustered with no extensive surface areas. 9. Mixed residential/accommodation shall be as follows: a. Residential shall occur on the north portion of the parcel. b. The total number of mixed residential/accommodations units shall not exceed 92 units. Each residential unit constructed shall reduce the number of remaining accommodations units allowed by two units. Each two accommodation units constructed shall reduce the number of remaining residential units by one unit. c. Each residential unit constructed shall reduce the allowable square footage for accommodations by 1,250 square feet. LOWER LEVEL 7708'-0" MAIN LEVEL 7718'-0" GARAGE SLAB 7718'-0" BUILDING ENVELOPE 'D' (AS PLATTED) 2' - 6" 2' - 0" 5'10' 20'0 2"0 1" = 10'-0" 2' - 6 1/2" EXISTING ASPHALT DRIVE CONCRETE APRON EXISTING ASPHALT DRIVE OVERLOOK CT. SWALE TO DRAIN SWALE TO DRAIN EL E C WATER GAS SE W E R REMOVE TREE REMOVE TREE N59-39-30W 34.85' N88-33-14W 32.14' N3 1 -28 -15 E 5 8 . 1 5 ' S3 1 -28 -15 W 6 2 . 4 7 ' S55-21-01E 72.11' N11-04-55E 26.67' 27' - 0 1/16" 8' - 1 3/16" 21' - 1 15/16" 50' - 3 9/16" 50' - 3 11/16" N88-34-11W 659.89' ROOF OH, TYP. 6" 5 7/16" ROOF OH, TYP. PROPOSED RESIDENCE 30' 60'120'0 2"0 1" = 60'-0" N88-34-11W 659.89' 10' UTILITY EASEMENT 50' BUILDING SETBACK N05-05-49W 314.67' S79-49-25E 175.12' N47-00-57W 156.87'N56-36-00W 48.06' S32-05-59W 75.19' S67-55-12W 28.91' CHORD: S39-37-56W 95.47' DELTA=145-24-41, L=126.88', R=50.00' CHORD: N74-42-14E 153.51' DELTA=75-15-04, L=165.13', R=125.72' CHORD: S61-01-08W 132.90' DELTA=47-52-47, L=136.85', R=163.76' S0 0 -07 -37 E 45 . 8 8 ' 10' UTILITY EASEMENT 15' BUILDING SETBACK 15' BUILDING SETBACK 15' BUILDING SETBACK ST A N L E Y L O T 2 A M O D E L A N E W R E S I D E N C E D E S I G N F O R : DESIGN CORP 6077 South Lima Way Englewood, CO 80111 303.570.4062 eMail: EchoDesignCorp@gmail.com PERMIT SET 8.25.25 ECHOECHO © ECHO DESIGN CORP LO T 2 A , E N V E L O P E D E S T E S P A R K , C O AS 2025 1" = 10'-0"2 Site Plan - Envelope 'D'N 1" = 60'-0"1 Entire Property LOT 2A OF THE AMENDED PLAT OF LOT 2 OF THE STANLEY HISTORIC DISTRICT ALSO LOCATED IN THE NORTH 1/2 OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M. TOWN OF ESTES PARK, LARIMER COUNTY, STATE OF COLORADO N The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: Subject: Type: March 24, 2026 Bylaws for the Estes Park Local Marketing District Action Objective: Consideration of the bylaws adopted by the Board of Directors of the Estes Park Local Marketing District (Visit Estes Park). Present Situation: In November 2025, the Town Board and Larimer County Board of County Commissioners entered into a Restated Intergovernmental Agreement for the Estes Park Local Marketing District (IGA). Section 6.8 of the IGA requires the Visit Estes Park Board of Directors (District Board) to present approved bylaws to the Town and the County by March 2, 2026. The District Board approved updated bylaws on February 19, 2026, and submitted them to the Town and the County on February 24, 2026. Following adoption by the District Board, these bylaws, and any amendments, only become effective upon approval by both the Town Board and Board of County Commissioners. Proposal: The bylaws adopted by the District Board are attached. Advantages: •Establishes formal operating procedures for Visit Estes Park and the Visit Estes Park Board of Directors. •Complies with the Town’s intergovernmental agreement with the County for the formation and operations of Visit Estes Park. Disadvantages: • None Action Recommended: N/A Finance/Resource Impact: N/A. Visit Estes Park is a component unit of the Town’s Annual Comprehensive Financial Report but there are no direct financial impacts from approval of VEP’s bylaws. Level of Public Interest: Medium. Sample Motion: I move to approve/deny the bylaws as presented. Attachments: 1. Bylaws of the Estes Park Local Marketing District 2. 2025 Restated Intergovernmental Agreement for the Estes Park Local Marketing District Page 1 of 11 BYLAWS OF THE ESTES PARK LOCAL MARKETING DISTRICT Adopted by the VEP Board of Directors February 19, 2026 Attachment 1 Page 2 of 11 ARTICLE I ORGANIZATION Section 101. Name and Office Location Estes Park Local Marketing District, DBA Visit Estes Park (hereinafter referred to as VEP or the District) with a principal business office at 1230 Big Thompson Avenue, Estes Park, CO 80517 (“VEP Office”). Section 102. Mission We drive sustainable year-round economic growth by encouraging visitor demand. Section 103. Vision To offer positive and memorable experiences for guests and quality of life for our community. Section 104. Fiscal Responsibility The fiscal year of VEP is from January 1st - December 31st. The Board of Directors will make lawful and adequate provisions for sound fiscal policies and practices of VEP, including the preparation of an annual audit by a certified public accountant, the preparation of an annual budget, and ample fidelity bonding of the officers and employees entrusted with the handling of funds or property of VEP in accordance with state laws. Section 105. Colorado Law VEP is a Local Marketing District organized and operating under the authority granted by the Local Marketing District Act, 29-25-101 et seq., C.R.S. (the “Act”), and other applicable law. These Bylaws and the operation of the District shall also be consistent with that certain Restated Intergovernmental Agreement for the Estes Park Local Marketing District November 18, 2025 (“IGA”). (Resolution 99-25 Restated Intergovernmental Agreement for the Estes Park Local Marketing District). Section 106. Liability and Indemnification To the extent permitted by law, the District shall defend, hold harmless and indemnify any Director, officer, agent, or employee, whether elected or appointed, against any tort or liability, claim or demand, without limitation arising out of any alleged act or omission occurring during the performance of official duty, as more fully defined by law or by an indemnification resolution. The provisions of this Section shall be supplemental and subject to and, to the extent of any inconsistency therewith, shall be modified by the provisions of the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S. Page 3 of 11 ARTICLE II DIRECTORS Section 201. Board of Directors The Board of Directors of VEP (the “Board”) shall have all legislative power of the District and is authorized to implement and carry out the annual operating plan approved by the Town and County. The Board shall be composed of (5) Directors. Three Directors shall be appointed by the Town of Estes Park Town Board (the “Town”) and (2) Directors by the Larimer County Board of County Commissioners (the County”). Two (2) of the Town appointees shall be chosen from the Town of Estes Park Board of Trustees. The third Town appointee shall not be a member of the Town Board. One (1) of the County appointees shall be chosen from the Larimer County Board of County Commissioners. The second County appointee shall not be a member of the County Board of County Commissioners. For the two appointees who are not elected officials of the Town or County, preference may be given to applicants involved in the lodging industry in the Estes Valley at the discretion of each appointing authority. Within thirty (30) days after being appointed, except for good cause shown, each newly appointed Director shall appear before an officer authorized to administer oaths and take an oath that the Director will faithfully perform the duties of office as required by law and will support the constitution of the United States, the state constitution, and laws made pursuant thereto. Any outgoing Directors shall have the option to request transition to membership on the Marketing Advisory Committee (See Section 501. STANDING COMMITTEES) immediately upon its formation without completing an interview process. Section 202. Eligibility Each Director, except for the County appointee who is a County Commissioner, must live within the Service Area of VEP for at least one year prior to their appointment and must remain a resident of the Service Area of VEP during their entire term. Section 203. Nominations A nominating taskforce may be appointed by the Chair of the Board and submit names to the Town and/or County no later than September 30th of any year that has an open seat. While the Town and County are under no obligation to choose one of the recommended candidates, efforts by the Board should be taken to find and encourage those candidates that will enhance VEP and its mission. A similar process may be followed when a vacancy occurs on the Board. Section 204. Term of Office The three (3) Directors who are also elected Town Trustee or County Commissioner shall serve terms that correspond with their elected terms of office and their appointment by their respective board. The other two Page 4 of 11 2) non- elected Directors shall serve terms of four (4) years each, staggered so that a term expires every two (2) years. Each Director shall serve at the pleasure of their appointing entity. The two (2) non-elected Directors may serve no more than two (2) consecutive terms; however, the Town or County may waive this term limit for their respective appointees upon finding there are no qualified applicants to fill a vacancy. For purposes of this term limit, a term is considered consecutive unless separated by at least two (2) years. Section 205. Board Vacancy The Town or County (whichever entity appointed the Director causing the vacancy) shall appoint a replacement Director as soon as practicable following the vacancy. Section 206. Regular Meetings The Board of Directors shall hold regular meetings at least once each quarter and are encouraged to meet monthly and may hold special meetings as deemed necessary. Meetings of the Board of Directors shall be subject to the provisions of C.R.S. 24-6-401 et seq. (Open Meetings Law) as applicable. The Board of Directors shall act by motion or resolution. Section 207. Special Meetings/Work Sessions The Board Chair may call a special meeting or work session of the Board at any time, and must do so whenever asked by any one-third of the total number of Directors. Special meetings may only be held upon clearing the proposed date and time with at least one of the County appointed Directors. In the case of a requested special meeting or work session, the request must be made in writing and the meeting must be set for no sooner than seven (7) days and no later than fourteen (14) days from the date the request is made. Notice of any special meeting or work session must then be posted as required by the Colorado Open Meetings Law. Section 208. Agenda The Agenda for any special or regular meeting shall be set by the Board Chair in time to post such Agenda at least twenty-four (24) hours prior to the scheduled meeting. If a Director would like to add an issue to the Agenda for an upcoming meeting, the Director should contact the Board Chair at least forty-eight (48) hours prior to the scheduled meeting. Any Director may request the addition of discussion items at the start of a meeting, but in no event shall new action items be added to the Agenda at the start of the meeting absent emergency circumstances. If any such discussion item requested by a Director is objected to by any other Director, such agenda item shall only be included on the Agenda upon approval of a majority of the Directors present at the meeting. Section 209. Emergency Meetings Notwithstanding any other provisions in this Article II, emergency meetings may be called by the Chair or any two (2) Directors in the event of an emergency that requires the immediate action of the Board and could not Page 5 of 11 be delayed for the twenty-four (24) hour notice period. Notice of an emergency meeting may be given to the Board by telephone or other reasonable means. Any action taken at an emergency meeting shall be effective only until the first to occur of (a) the next regular meeting; or (b) the next special meeting at which the emergency issue is on the public notice of the meeting. At such subsequent meeting, the Board may ratify any emergency action taken. If not ratified, the emergency action shall be deemed rescinded as of the date of the subsequent meeting. Section 210. Quorum A quorum of the Board shall consist of three (3) Directors. No action of the Board shall be valid unless approved by the affirmative vote of at least three (3) Directors at a duly noticed meeting. If, at any point during a meeting, a quorum is no longer present, then the meeting must be adjourned. Section 211. Voting All Board action shall be taken only upon a vote of the Directors at a duly noticed and properly convened meeting of the Board through a motion or resolution. Proxy voting is not permitted. Section 212. Attendance All Directors shall attend all meetings, including special meetings, if possible. In the event any Director misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town or County may remove the offending Director for neglect of duty and appoint a new Director to fill the vacancy. With prior approval by the Chair, or Vice Chair in the Chair’s absence, no more than three (3) Directors may attend a meeting through the use of an electronic communication platform so long as the Director has all of the necessary materials to participate in the meeting and can hear the proceedings clearly. Section 213. Powers of the Board The Board will exercise all powers granted by the Act and other applicable law. The primary authority granted by the Act permits VEP to provide the following services: 1. Organization, promotion, marketing, and management of public events; 2. Activities in support of business recruitment, management, and development; 3. Coordinating tourism promotion activities; 4. Housing and childcare for tourism-related workforce, including seasonal workers, and for other workers in the community; or 5. Facilitating and enhancing visitor experience. Page 6 of 11 Section 214. Board Roles and Responsibilities The Board of Directors shall exercise governance authority and fiduciary oversight for Visit Estes Park and shall be responsible for the following: 1. Adopt an official seal for VEP. 2. Mission and Purpose: Establish, protect, and advance the mission, vision, and public purpose of Visit Estes Park in accordance with applicable law and intergovernmental agreements. 3. Strategic Direction: Approve and provide oversight of long-term strategic priorities, including the Strategic Plan, Operating Plan, and other board-approved plans that guide the organization’s work. 4. Policy and Governance Framework: Adopt and maintain bylaws, governance policies, and ethical standards necessary to ensure effective oversight, accountability, and transparency. 5. After a decision has been reached, speak publicly as one voice. 6. Financial Stewardship: Oversee the financial integrity of the organization, including approval of budgets, monitoring of financial performance, and ensuring the proper use of public funds in accordance with law and approved plans. 7. Performance Oversight and Accountability: Exercise governance oversight to ensure the organization is effectively advancing its mission and achieving board-approved objectives. 8. Chief Executive Officer Oversight: Hire, support, evaluate, and, if necessary, remove the Chief Executive Officer, and delegate appropriate authority for day-to-day operations consistent with board policies. 9. Public and Intergovernmental Accountability: Ensure coordination, transparency, and accountability to the Town of Estes Park and Larimer County, and act as a responsible steward of the intergovernmental partnership. 10. Legal and Ethical Compliance: Ensure compliance with applicable laws, regulations, intergovernmental agreements, and adopted policies, including open meetings, conflicts of interest, and public accountability requirements. 11. Advocacy and Ambassadorship: Serve as ambassadors for Visit Estes Park’s mission and destination stewardship goals while acting in the best interest of the organization. Section 215. Operating Plan The Board shall file an Operating Plan with the Town and County no later than September 30 each year for approval by the Town and County. The Operating Plan must specifically identify the services to be provided by VEP, any Marketing and Promotional Tax to be imposed by VEP, and such additional information as required to inform the Town and County as to the activities, services, and funding of VEP in the upcoming year. The Operating Plan shall include a proposed budget for the upcoming fiscal year. The services and financial arrangements of VEP shall conform so far as practical to the approved Operating Plan. The Operating Plan may, from time to time, be amended by VEP with the approval of the Town and County. As a complement to the Operating Plan, the District shall file with the Town and with the County the District’s proposed line-item budget as soon as it is filed with the District’s Board of Directors. The District shall also file with the Town and with the County the District’s approved line -item budget for the coming fiscal year by December 31 of each year. Page 7 of 11 Section 216. Conflict of Interest Each Director is required to disclose any potential conflict of interest in any transaction of VEP pursuant to Sec. 18-8-308, C.R.S. The Director with a potential conflict of interest may not participate in the consideration of, and the vote on the transaction, may not attempt to influence any parties related to the transaction, and may not act directly or indirectly for the Board in the inspection, operation, administration or performance of any contract related to the transaction. Ownership, in and of itself, by a Director of property within VEP shall not be considered a potential conflict of interest. Section 217. Recording Secretary The Board shall have the authority to appoint a Recording Secretary who need not be a member of the Board, and who shall be responsible for recording all votes and composing a record of the proceedings of the Board in the minute book kept for that purpose, which shall be the official record of the Board. The Recording Secretary shall not be required to take an oath of office. Section 218. Electronic Signatures In the event the signature(s) of one or more members of the Board or appointed signatories are required to execute a written document, contract, note, bond, deed, and/or other official papers of VEP, and the appropriate individual(s) is unable to be physically present to sign said documentation, such individual or individuals are authorized to execute the documentation electronically via facsimile or e-mail signature, unless said documentation provides otherwise. Any electronic signature affixed to a document shall carry the full legal force and effect of any original, handwritten signature. Except as approved herein, this provision of these Bylaws shall not be interpreted as establishing VEP’s consent or authorization to bind VEP to any transaction by the use of electronic records or electronic means. This provision is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. Section 219. Resignation and Removal Directors may be removed only as provided in the Act and the IGA. A Director may resign at any time by giving written notice to the Board, and acceptance of such resignation shall not be necessary to make it effective. ARTICLE III OFFICERS Section 301. Officer Positions The Board shall maintain the following Officer positions: Chair Vice Chair Treasurer Secretary Page 8 of 11 Section 302. Qualifications Every officer must be a member of the Board. No Director will hold more than one office at a time; however, one Director may serve as both Treasurer and Secretary. Section 303. Selection The Board will elect officers at the first regularly scheduled Board meeting following the annual appointments of the Board. If an officer's position becomes vacant (except for a vacancy caused by the normal expiration of an officer's term as a Director) the Chair can appoint an eligible person to fill the vacancy, subject to the approval of the Board. The appointed person will serve until the vacancy has been filled by the vote of the Board at the first regularly scheduled Board meeting following the annual appointments. Section 304. Removal Officers may be removed from their position by a vote of two thirds of the Board, with or without cause. The appointment of an officer will not create any contract rights. Section 305. Term of Office Each officer shall serve for one (1) year commencing with the first meeting in January of each year. The Chair and Vice Chair may serve for two (2) consecutive one-year terms. Section 306. Powers and Duties of the Chair The Chair will preside at all meetings of the Board and exercise general charge and supervision of the affairs of the Board. The Chair will set the Agenda for each regular or special meeting. The Chair will appoint persons to chair standing and ad hoc committees that may be established by these Bylaws or the Board as necessary. The Chair is authorized to sign all contracts, deeds, notes, debentures, warrants and other instruments on behalf of VEP. Section 307. Powers and Duties of the Vice Chair At the request of the Chair, or in the event of the Chair's absence or disability, the Vice Chair will perform the duties and exercise the powers of the Chair. Section 308. Powers and Duties of the Secretary The Secretary shall be responsible for oversight of the integrity and availability of the official records of Visit Estes Park, and shall: 1. Ensure the maintenance of the official records, documents, and papers of the organization in accordance with applicable law and board policy. 2. Ensure accurate minutes and official actions of the Board are recorded and posted as public and permanent record of the organization. Page 9 of 11 3. Ensure compliance with applicable public notice and record-keeping requirements, including the timely availability of Board minutes for public review. 4. Serve as the custodian of the official seal of Visit Estes Park and attest, as authorized by the Board, to official documents and instruments. Section 309. Powers and Duties of the Treasurer The Treasurer shall provide financial oversight on behalf of the Board and be responsible for monitoring the financial integrity of Visit Estes Park. The Treasurer shall: 1. Ensure that all funds, property, and securities of VEP are properly kept, subject to any regulations imposed by the Board. 2. Oversee financial controls and depository arrangements to ensure that revenues and other receipts are properly accounted for and deposited as authorized by the Board. 3. Oversee the safeguarding of the organization’s funds, property, and financial assets in accordance with applicable law, Board policy, and approved budgets. 4. Oversee the accuracy and integrity of the organization’s financial records, including the maintenance of complete and accurate accounts of revenues, expenditures, and obligations. 5. Ensure monthly reports on the state of VEP finances are presented to the Board at a properly noticed meeting. 6. Ensure that regular reporting on all VEP and Town Sales Tax collections is made to the Board. ARTICLE IV CHIEF EXECUTIVE OFFICE Section 401. Position The Board shall employ a Chief Executive Officer (“CEO”) whose duties, performance review and compensation will be outlined in an employment contract between VEP and the CEO. The CEO will be administratively responsible to the Board. Section 402. Duties 1. Directs and oversees the day-to-day operations of VEP. 2. Acts as an authorized signatory and is empowered to execute contracts, agreements, checks, banking, and other financial or legal instruments on behalf of VEP and in the ordinary course of business. 3. Regularly reports to the Board on the operation of VEP. 4. Provides recommendations to the Board on VEP policy and strategy. 5. Ensures that all marketing activities are aligned with the Program of Work (Operating Plan) as approved by the Board. 6. Ensures the approved Operating Plan is implemented per approved budget and aligns with VEP board goals. 7. Within the parameters of approved policy and budget, to hire and terminate employees or independent contractors as may be needed to support the CEO. 8. Establish the hours, salaries, and duties of VEP employees. 9. Delegate these duties as the CEO may desire and as permitted by VEP policy and applicable law, to promote effective operation of VEP. Page 10 of 11 ARTICLE V COMMITTEES Section 501. Standing Committees All standing committees will report to the Board. The standing committee will submit all recommendations to the Board for approval. The Board may create additional standing committees with a majority vote of those present at a properly convened meeting. The following committees are considered standing committees of VEP: Marketing Advisory Committee Nominating Committee Governance Committee Finance Committee The membership, terms, and scope of authority of the Marketing Advisory Committee shall be established by Board policy. Section 502. Ad Hoc Committees and Task Forces The Board shall have the authority to create ad hoc committees or task forces, as necessary. A majority vote of those present at a properly convened meeting shall be required to establish an ad hoc committee or task force. Any such committee or task force shall be charged with a specific task at the time it is created and will submit all recommendations to the Board for approval. Section 503. Liaisons The Board of Directors may, by majority vote, appoint one or more agency or community liaisons to facilitate communication and coordination between the District and governmental agencies or other entities with interests related to the mission of the District. Agency Liaisons serve in an advisory and informational capacity only. Agency Liaisons: a) Are not members of the Board of Directors; b) Shall have no voting rights; c) Shall not be considered officers, directors, employees, or agents of the District; and d) Shall not have authority to bind, obligate, or act on behalf of the District in any manner. Term and Removal Agency Liaisons shall serve at the pleasure of the Board and may be removed at any time by majority vote of the Board. Page 11 of 11 ARTICLE VI AMENDMENT OF BYLAWS The Board shall have the power to make, amend, and repeal these Bylaws. Notice of proposed changes shall be mailed, emailed, or hand-delivered to the Board at least ten days (10) prior to the meeting at which the changes will receive a vote. Changes should be highlighted with original text struck to clearly show intended changes. They may do this by a two-thirds vote cast by persons legally entitled to vote, excluding blanks or abstentions, at a regular or special meeting at which a quorum is present. The Bylaws of VEP, and any amendments thereto, shall not become effective unless approved by both the Town of Estes Park Town Board and the Larimer County Board of County Commissioners. These bylaws, adopted on the date first written above, supersede and replace all prior bylaws of the Estes Park Local Marketing District. RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE ESTES PARK LOCAL MARKETING DISTRICT This Restated Intergovernmental Agreement for the Estes Park Local Marketing District is effective november 18, 2025 ("Effective Date"), and made between the Town of Estes Park, Colorado ("Town") and the Board of County Commissioners of Larimer County, Colorado The Town and County may each be referred to as a "Party" and collectively as the("County"). Parties." WHEREAS, the Local Marketing District Act, C. R.S. 29- 25-101 et seq., provides for the organization, governance, and operation of local marketing districts (the "Act"); and WHEREAS, pursuant to the Act, local governments in combination may create a local marketing district by contract to exercise the functions authorized by the Act following receipt of a petition for the organization of a local marketing district from the requisite number of owners of commercial real property in the proposed service area. WHEREAS, following receipt of a proper petition for organization of a marketing district, inAugust2008theTownandCountysignedanIntergovernmentalAgreementformingtheEstes Park Local Marketing District ("District"), and such agreement was amended by written amendments dated September 19, 2017, January 1, 2019, and January 1, 2023; and WHEREAS, at the general election on November 4, 2008, the voters of the District approved a two percent (2%) marketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations; and WHEREAS, at the general election on November 8, 2022, the voters of the District approved an additional three and one-half percent (3. 5%) marketing and promotional tax to be used in furtherance of affordable workforce housing and childcare services, and such additional tax revenue is administered by the Town; and WHEREAS, the Town and County desire to enhance the focus of the District's governing board on the exercise of governance and oversight; and WHEREAS, in furtherance of the purposes of the Act and the efficient and effective operation of the District, the Town and County desire to amend and restate the IGA. NOW, THEREFORE, for good and valuable consideration received and to be received, the Town and County amend and restate their agreement forming and defining the operations of the District and as follows: 1.Restated Agreement. This Restated Intergovernmental Agreement for the Estes Park Local Marketing District ("Agreement") amends and fully restates and replaces the August 2008 agreement between the Town and County forming the District, including amendments in 2017, 2019, and 2023. Attachment 2 2. 3. 4. Name and Purposes. The name of the District is the Estes Park Local Marketing District. The purpose of the District is to promote the health, safety, prosperity, security, and general welfare ofthe inhabitants and the property owners of the District and promote the continued vitality of commercial business areas within the Town and County, including support for affordable workforce housing and child care services. Boundaries of Service Area. The Service Area of the District is the geographical area described and depicted on Exhibit "A" to this Agreement. Powers. The powers of the District include those expressly set forth in C.R.S. 29-25-111 and 112, and those powers impliedly necessary to implement and carry out the express powers, except as otherwise provided in this Agreement. 5. Elections. 5.1. 5.2. 5.3. 5.4. 5.5. 5.6. Should the District seek or be required to submit any question to an election, such election shall be held in accordance with Colorado Constitution Article X, Section 20, the Uniform Election Code of 1992, C.R.S. 1-1-101 et seq., and/or the Colorado Local Government Election Code, C.R.S. 1-13.5 110 et seq., as applicable. The Town Clerk and the County Clerk and Recorder shall assist the District in conducting elections. The District shall pay the costs incurred in conducting District elections. The Town Clerk shall be the designated Election Official for District elections. The District shall be responsible for certifying ballot issues and entering into the agreement Concerning Election Services with the County Clerk and Recorder for purposes of conducting an election as part of a coordinated General Election. The District shall be responsible for all other election related responsibilities related to District elections. 6. Board of Directors for the District. 6.1. 6.2. 6.3. Powers. The Board of Directors for the District shall have the legislative power of the District and is authorized to implement and carry out the annual operating plan approved by the Town and County. Number. The Board of Directors shall be comprised of five (5) Directors. The Board was originally formed with and currently seats seven (7) Directors, and therefore the Board composition must be reduced by two (2) Directors. This reduction shall occur over time when each of the next two (2) existing Town appointed seats on the Board not held by members of the Town Board of Trustees will dissolve as they become vacant through expiration of a term or otherwise. Before or upon expiration of these two seats, the outgoing Directors shall have the option to request transition to membership on the Marketing Advisory Committee immediately upon its formation without completing an interview process. Appointment. The appointment of Directors of the Board shall be as follows: The Town shall appoint three (3) Directors. Two (2) of the Town appointees be chosen from the Town of Estes Park Board of Trustees. The third Town 6.3.1.shall 6.4. 6.5. 6.6. 6.7. 6.8. 6.9. appointee shall not be a member of the Town Board and shall be appointed by the Town in compliance with eligibility requirements in this Section 6. 6.3.2. The County shall appoint two (2) Directors. One County appointee shall be chosen from the Board of County Commissioners. The second County appointee shall not be a member of the Board of County Commissioners and shall be appointed by the County in compliance with eligibility requirements in Section 6. 6.3.3. For the two appointees who are not elected officials of the Town or County, preference may be given to applicants involved in the lodging industry in the Estes Valley at the discretion of each appointing authority. Term. The three (3) Directors who are also an elected Town Trustee or County Commissioner shall serve terms that correspond with their elected terms of office and their appointment by their respective board. The other two (2) non-elected Directors shall serve terms of four (4) years each, staggered so that a term expires every two (2) years. Given that the remaining Town-appointed seat not held by a Town Board member would otherwise be set to expire at the end of 2030 and the County-appointed seats are currently set to expire at the end of 2027, this staggering will be accomplished by reducing the next term ofthe remaining Town-appointed seat that is not filled by a Town Board member to three years, for one term only, expiring December 31, 2029. Term Limit. The three (3) Directors who are also an elected Town Trustee or County Commissioner shall have term limits that correspond with their elected office. The other two (2) non-elected Directors may serve no more than two (2) consecutive terms; however, the Town or County may waive this term limit for their respective appointees upon finding there are no qualified applicants to fill a vacancy. Residency. Each Director, except for the County appointee who is a County Commissioner, shall be a resident of the Service Area of the District for at least one (1) year prior to their appointment and shall continue to be a resident of the Service Area during their entire term. Officers. The officers of the Board of Directors shall consist of a Chair and a Vice- Chair. Each officer shall serve for one (1) year commencing with the first meeting in January of each year. The Chair and Vice-Chair may serve for two (2) consecutive one- year terms. The Chair and Vice-Chair shall be elected by the members of the Board of Directors. The Vice-Chair shall serve as the Chair in the absence of the Chair. Bylaws. The Board of Directors for the District shall adopt bylaws that are consistent with the terms of this Agreement and any amendments, and act in conformity with such bylaws. Following adoption by the District Board, such bylaws, including any amendments, shall become effective upon approval by both the Town and the County. No later than March 2, 2026, the Board of Directors shall review and approve its bylaws and present the updated bylaws to the Town and County for consideration and approval. Quorum. Three (3) Directors shall constitute a quorum and shall be necessary for the Board to act. 6.10. Attendance. Directors shall attend all meetings, including special meetings. In the event any Director is absent for three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Director may be removed by their appointing body. 6.11. Vacancy. The Town or County shall fill vacancies of any of their appointed Directors The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: March 24, 2026 Subject: Renaming Request – Monteverde Park (Parque Monteverde) Type: Public Hearing Objective: Consideration of a request to rename the Town-owned space northeast of the traffic circle at Moraine/Crags/West Riverside to Monteverde Park (Parque Monteverde). Present Situation: The Colorado Department of Transportation (CDOT) acquired property near the intersection of Crags Drive and West Riverside Drive in conjunction with the construction of the Downtown Estes Loop. CDOT retained a portion of this property for the construction of a traffic circle and transferred a portion of the property to the Town through a quit-claim deed. The resulting Town-owned property contains open space, a sidewalk, and a staircase connecting Moraine Avenue with West Riverside Drive. There are bump-outs along the sidewalk to accommodate future art installations, and the space currently hosts the Monteverde Sister Cities Peace Pole. The Estes Park Sister Cities Association (EPSCA) has submitted a request to rename this space to “Monteverde Park (Parque Monteverde)”. Staff have deemed the application complete. The space does not have a formal name, and one was not assigned when the space was created. The Town of Estes Park and Monteverde, Costa Rica have been sister cities since 2004. The Town works closely with EPSCA to support this Sister City relationship. EPSCA is solely responsible for the implementation of all Sister Cities activities and programs, including youth exchanges, cultural exchanges, and delegation visits. Policy 208 (Naming of Town-Owned Parks, Open Spaces, and Facilities) details the Town’s approach to naming and re-naming parks, open spaces, and facilities. EPSCA’s proposal does not fit cleanly within either the naming process or the re-naming process outlined in this policy. The naming process (Section 3.a.vi) begins with a public announcement when the Town signs a contract to create a new park or to purchase land to be used as a park or open space. As the Town did not purchase this property or sign a contract to create a new park, this process was not triggered, and the space was not named. The re-naming process assumes an existing name, which this space does not have. Staff decided to forward the renaming request from ESPCA to the Town Board for consideration. The renaming process required the Board to affirm interest in considering the renaming in order for staff to set a date to consider the proposal as an action item. The Board voted at the last Town Board meeting to schedule consideration of the request as an action item for this Town Board meeting. Proposal: EPSCA has proposed renaming the Town-owned space northeast of the traffic circle at Moraine/Crags/West Riverside to “Monteverde Park (Parque Monteverde)”. Advantages: • The proposed name complies with the Town’s naming policy criteria. • Contributes to the ongoing development of the relationship between the Town, EPSCA, and the Canton of Monteverde, Costa Rica. Disadvantages: • There are two different processes in Policy 208 that could be applied to this request. The primary differentiator between the naming process and the renaming process is that the naming process starts with a public request for prospective names. While discussions about this space in relation to the Sister Cities program have been ongoing with the Board, the renaming process does not provide for a broader public naming effort. Action Recommended: N/A Finance/Resource Impact: None anticipated at this time. Section 3.b.iii of Policy 208 states that the Town Board may request that any cost of renaming be borne by the individuals or group recommending the change. Level of Public Interest: Medium. Sample Motion: I move to approve/deny the renaming request. Attachments: 1. Estes Park Sister Cities Association Renaming Request 2. Policy 208 (Naming of Town-Owned Parks, Open Spaces, and Facilities) Attachment 1 Effective Period: Until superceded Review Schedule: Biennially Effective Date: 10/28/2025 References: Governing Policies 1.1.3 and 1.3.2 ADMINISTRATION 208 Naming ofTown-Owned Parks, Open Spaces, and Facilities 1. PURPOSE To establish a consistent and systematic approach for selecting names for Town-owned parks, open spaces, and facilities. 2. POLICY Maintaining consistent and understandable procedures for naming and re-naming Town- owned parks, open spaces, and facilities is crucial for identification purposes. These names aid emergency response, help to develop a sense of place, and help to honor community leaders. The Town of Estes Park will follow the procedures outlined in this policy to name or re- name any Town-owned park, open space, or facility. When choosing a name for a Town- owned facility, park, or open space, the Town will endeavor to ensure that such names: (1) are appropriate; (2) aid in the identification and location of the property or facility in question; and (3) encourage the donation of lands, facilities, and funds to the Town. 3. PROCEDURE a. Naming a New Town-Owned Park, Open Space, or Facility i. Working Name for Facilities under Consideration or Construction All new facilities under consideration or construction will be given a working name by staff. ii. Naming Criteria In order to be considered, proposed names for a new Town-owned park, open space, or facility shall be reflective of at least one of the following criteria: 1) Specific purpose of the facility (e.g., Museum, Events Complex) 2) Geographic location 3) Prominent geographic feature or local reference point 4) Adjoining subdivision/community Policy 205 10/28/2025 Revisions: 1 Town of Estes Park, Town Administrator's Office Page 1 of 7 Attachment 2 5) Historical feature 6) A deceased individual (see section S.a.iii) 7) An individual or group via a donation or sponsorship agreement (see section S.a.iv) iii. Naming a Park, Open Space, or Facility after a Deceased Individual Consideration shall be given to the naming of a Town-owned park, open space,or facility after a deceased individual only if both of the following conditions have been met: 1) The individual has been deceased for at least three (3) years; and 2) The individual has made significant contributions to the Town through a long-term commitment to the residents and guests of the Town of Estes Park. iv. Individual or Group Donations or Sponsorships Consideration shall be given to the naming of a Town-owned park, open space, or facility after a group or individual based on a donation or sponsorship only if such donation or sponsorship comprises 75 percent or more of the overall value of the park, open space, or facility. This provision shall not apply to any naming rights sold for the Estes Park Events Complex. v. Sponsorship Naming Rights Sponsorship naming rights made by contract, for a specific period of time, are exempt from this policy. vi. Naming Process - Parks and Open Spaces The naming of a new Town-owned park or open space will follow the process below: 1) Public Announcement: When the Town signs a contract to create a new park or to purchase land to be used as a park or open space, the Town A /-iry>!»">ir>4-r<-»+r\r'r> ^\f'fi/^r\ IK/III i^iil^lir*!^ -^ r» '-*n r»<"*i m r^/^r^r^ r»4- •f'l^nr^M ir<l-> '-1 »-»r<^>rtr* release and social media inviting the public to submit prospective names for the park or open space. The deadline for submitting names will be two weeks from the date of the announcement. The announcement will refer to the property by description, in addition to common/informal names. The naming criteria will be published and submissions that do not meet the criteria will not be considered. 2) Review and Recommendation: Within two weeks of the deadline to submit names, the Town Administrator's Office will review the submitted names, and make a recommendation to the Town Board. Policy 205 10/28/2025 Revisions: 1 Town of Estes Park, Town Administrator's Office Page 2 of 7 3) Notice of Recommendation: An announcement will be distributed as soon as reasonable after the Town Administrator's Office submits its recommended name to the Town Board. This announcement will include the proposed name, a description of the park or open space to be named, and the time and place of the Board Meeting at which the recommendation will be considered. The announcement will be published at least 30 days prior to the Town Board meeting where the recommendation will be considered. 4) Town Board Review and Approval: Upon receipt of the recommendation from the Town Administrator's Office, the Town Board will consider the recommended name at a regular Board meeting as an action item. vii. Naming Process - Facilities The naming of a new Town-owned facility will follow the process below: 5) Public Announcement: When the Town signs a contract to construct a new facility, the Town Administrator's Office will publish an announcement through a press release and social media inviting the public to submit prospective names for the facility. The deadline for submitting names will be two weeks from the date of the announcement. The announcement shall refer to the facility by description, in addition to common/informal names. The naming criteria will be published and submissions that do not meet the criteria will not be considered 6) Review: Within two weeks of the deadline to submit names, the Town Administrator's Office will submit to the Town Board all of the names received that meet the criteria in Section S.a.ii. 7) Notice of Submitted Names: An announcement will be distributed as soon as reasonable after the Town Administrator's Office submits the list of qualifying names to the Town Board. This announcement will include the qualifying proposed names, a description of the facility to be named, and the time and place of the Board Meeting at which the recommendation will be considered. The announcement will be published at least 30 days prior to the Town Board meeting where the recommendation will be considered. 8) Town Board Review and Approval: Upon receipt of the list of qualifying names from the Town Administrator's Office, the Town Board will consider the recommended name at a regular Board meeting as an action item. b. Re-Naming a Town-Owned Park, Open Space, or Facility i. Conditions The existing names ofTown-owned parks, open spaces, and facilities are deemed to have historic recognition. The Town of Estes Park will not change the name of any existing Town-owned park, open space, or facility unless: (1) there are compelling reasons to consider such change; (2) there is a thorough study of the Policy 205 10/28/2025 Revisions: 1 Town of Estes Park, Town Administrator's Office Page 3 of 7 change consisting of a public hearing at a regularly scheduled Town Board meeting; and (3) there is a unanimous vote of the Town Board. Additionally, the Town Board will consider renaming a Town-owned park, open space, or facility to commemorate a person or persons only when said person or persons: (1) is/are deceased, (2) has/have made a major, overriding contribution to the Town; (3) has/have made contributions that have not been honored in another manner; and (4) has/have notable historic significance to the Estes Valley. Potential re-naming applicants should consider other appropriate options to memorialize individuals. ii. Requests to Re-Name a Town-Owned Park, Open Space, or Facility Any requests to re-name a Town-owned park, open space, or facility shall use the following procedure: 1) The applicant shall submit a completed "Request to Re-Name a Town- Owned Park, Open Space, or Facility" application form (Appendix A) to the Town Administrator's Office. 2) The application will be reviewed for completeness based upon the naming criteria set forth in section S.a.ii of this policy. 3) Completed applications will be forwarded to the Town Board. 4) If the Town Board wishes to consider the proposed re-naming, the Board will set a date to consider the proposal as an Action Item on a Town Board Meeting Agenda. iii. Costs of Renaming The Town Board may request that any cost of renaming (e.g. the replacement of signs) be borne by the individual or group recommending the change. iv. Noticing of Google Upon any renaming, Town staff will endeavor to ensure that said renaming is reflected on Google Maps as soon as possible. c. Naming of Meeting Rooms in or on Town-Owned Parks, Open Spaces, or Facilities Meeting rooms located in or on Town-owned parks, open spaces, or facilities may be named administratively by the Town Administrator. d. Revocation of Name Under extraordinary circumstances that would cast a negative image upon the Town, any naming ofTown-owned parks, open spaces, or facilities in honor of an individual, family, or group may be revoked at the discretion of the Town Board. Policy 205 10/28/2025 Revisions: 1 Town of Estes Park, Town Administrator's Office Page 4 of 7 e. Naming of Streets All streets will be named in accordance with Policy 421 (Addressing and Street Naming Policy). Approved: Gary Hall, IVteypr October 28. 2025 Date Policy 205 Revisions: 1 Town of Estes Park, Town Administrator's Office 10/28/2025 Page 5 of 7 APPENDIX 1 - Request to Re-Name a Town-Owned Park, Open Space, or Facility Town of Estes Park Request to Re-Name a Town-Owned Park, Open Space, or Facility 1. Applicant General Information Name:Date: Address:City/State: Zip Code:Telephone: Does the Applicant Represent an Organization? Y|| N If Yes, Name of Organization: 2. Nature of Re-Naming Request Park Q OR Open Space Q OR Facility [_] Location: Policy 205 Revisions: 1 Town of Estes Park, Town Administrator's Office 10/28/2025 Page 6 of 7 Proposed Name: 3. Re-Naming Justification -D- ~D~ -D- ^ Specific Purpose Geographic Location Geographic Feature Adjoining Community ~u ~u "CT Historical Feature Deceased Individual Donation/Sponsorship Explanation of Justification Attached (Required)?* YQ N|| Signature Date Print Name *Please ensure that the justification addresses the conditions for re-naming contained in Policy 205.3.b.i Policy 205 Revisions: 1 Town of Estes Park, Town Administrator's Office 10/28/2025 Page 7 of 7 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: March 24, 2026 Subject: Annual Review of Residential Vacation Home Cap Purpose of Study Session: Review the residential vacation home cap as required by the Municipal Code on an annual basis and provide an update on the waitlist lottery. Town Board Direction Requested: Staff requests direction on changes to the residential cap of 322 for vacation homes. Present Situation: During the development and adoption of the vacation home regulations in 2016, the Town Board requested the residential cap be reviewed on an annual basis. The Municipal Code states the cap will be reviewed on or around April of each year. proposal of a policy to ensure consistency on how public comment is handled. Proposal: The presentation outlines the history and current vacation home license numbers to assist with a discussion on the current vacation home cap for residentially zoned properties. Advantages: Review of the vacation home cap to meet the requirements outlined in the Municipal Code. Disadvantages: Increase in the vacation home cap could further impact residential neighborhood character. Financial/Resource Impact: Staff time depending on the direction received by the Board Level of Public Interest: Low at this time for the general community but high for those interested in operating a vacation home in a residential zoning district. Attachments: 1. Presentation 2026 Vacation Home Renewal & Residential Cap Review Attachment 1 Vacation Home Licenses Current Cap 322 Year Total Registered Town Limits Residential Commercial 2013 143 122 21 2014 162 139 23 2015 191 163 29 2016 267 203 64 2017 377 282 95 2018 423 319 104 2019 424 308 116 2020 463 322 141 2021 480 322 158 2022 506 321 185 2023 524 322 202 2024 540 322 218 2025 547 316 231 2026 549 *313 236 0 50 100 150 200 250 300 350 400 450 500 550 0 50 100 150 200 250 300 350 400 450 500 550 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Vacation Homes –2012 -2026 Total Registered Town Limits Residential Commercial*As of 03/13/2026 Vacation Home Transferability Transfers by Year Applications Processed Not eligible to transfer 2018 38 n/a 2019 42 n/a 2020 34 n/a 2021 12 4 2022 16 9 2023 14 18 2024 32 23 2025 29 25 0 5 10 15 20 25 30 35 40 45 2018 2019 2020 2021 2022 2023 2024 2025 Transfers per Year Applications Processed Residential Commercial Currently allow license to be transferred if commercially zoned or the license has been maintained since 10/18/2021 *As of 3/13/2026 nine (9) residential opening to be processed from the waitlist lottery. Inactive Vacation Home Licenses Reasons licenses have gone inactive Workforce Housing Regulatory Linkage Fee Increase in lodging tax – Ballot Issue 6E Too many regulations Not actively used Overdue transfer Expired license Incomplete Application Year Total Inactive Licenses Incomplete Applications Residential Commercial 2017 38 10 27 11 2018 39 0 25 14 2019 26 1 20 6 2020 28 2 19 9 2021 23 3 15 8 2022 35 3 10 25 2023 6 0 5 1 2024 11 0 10 1 2025 2 0 2 0 Hosted Vacation Homes Effective December 15, 2025 - Bed and breakfast inn transition •Any property in any zoning district licensed as a bed and breakfast inn on May 23, 2023 and continually so licensed thereafter shall be eligible to apply for a vacation home license until January 31, 2026 without regard to the residential cap or the waitlist, and without need for entry into a lottery. Hosted Vacation Homes (HVH) continued 11 - licensed bed and breakfasts (B&B) in 2025 10 - licenses eligible to convert to HVH 1 – license expired for failure to renew by the deadline 1 - property which was ineligible to convert to HVH renewed B&B in 2026 1 - property met the new B&B code requirements to remain a (B&B) 6 - applications received to convert to HVH (under Planning review) 2 - properties held both a vacation home license and a bed and breakfast license and informed the Town their intention to forgo the bed and breakfast license and remain a vacation home Both properties are currently under Planning review Bed & Breakfast Licenses 0 5 10 15 20 0 5 10 15 20 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Vacation Homes – 2013 -2026 Total Registered Town Limits Residential Commercial Year Total Registered Town Limits Residential Commercial 2013 1 1 0 2014 4 2 2 2015 4 3 1 2016 5 4 1 2017 7 6 1 2018 4 4 0 2019 17 17 0 2020 15 15 0 2021 14 14 0 2022 15 15 0 2023 14 14 0 2024 11 11 0 2025 11 11 0 2026 2 2 0 Waitlist Lottery Effective December 15, 2025 the Board established the waitlist lottery Waitlist Lottery was opened to accept applications beginning March 5, 2026 60 of applications were received as of March 16, 2026 2 applicants were notified the property was ineligible (ADU) 2 applications received for county properties Deadline for remitting an application - March 20, 2026 at 5:00 p.m. Lottery will take place on or after March 30, 2026 Discussion Items Consider adjustments to the residential vacation home cap Board Discussion/Direction & Questions