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PACKET Town Board 2026-05-12
Town Board of Trustees Regular Meeting Tuesday, May 12, 2026, 7:00 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 – 7:00 p.m. Pledge of Allegiance Proclamation – Opening of Estes Dementia Day Center Agenda Approval Public Comment Town Board Comments/Liaison Reports Town Administrator Report • 2026 Town Organizational Plan Consent Agenda 1. Expenditure Approval Lists – Bills 2. Town Board Meeting Minutes dated April 28, 2026 3. Town Board Strategic Planning Session #2 Minutes dated April 30, 2026 4. Resolution 53-26 Contract Extension with Vance Brothers, LLC for the 2026 Chip and Crack Seal Program, $315,848.27 - Budgeted 5. Resolution 54-26 Contract Extension with Coulson Excavating Company, Inc. for the 2026 Overlay and Patching Program, $1,384,209.50 – Budgeted 6. Resolution 55-26 Contract with Kinley Built LLC for Design and Construction Services for the Events Center Storage Building, $424,350 - Budgeted *Item removed by staff. 7. Resolution 56-26 License Agreement with U.S. Bureau of Reclamation for the Mall Road Waterline Project 8. Resolution 57-26 Setting the Public Hearing for a New Vintners Restaurant Liquor License Application for Snowy Peaks Winery LLC dba Snowy Peaks Winery, 292 and 294 Moraine Avenue, Estes Park, Colorado 9. Resolution 58-26 Intergovernmental Agreement with Federal Transit Administration for Fiscal Year 2026 Certifications and Assurances as Required for Federal Transit Administration Funding for Public Transportation 10. Resolution 59-26 Termination of Memorandum of Understanding between the Town of Estes Park and the Uplands at Fish Creek PUD Association 11. Resolution 60-26 Additional Compensation for Mall Road Water Loop Construction Easements, $2,000 - Budgeted Reports And Discussion Items (Outside Entities) 1. 2025 Base Funding Report: Estes Valley Crisis Advocates Presented by Director Fanucchi To present on how 2025 Town Base Funding was used to benefit the community and/or advance the Town's Strategic Plan. Action Items 1. Ordinance 08-26 Amending Chapter 3.08 of the Estes Park Municipal Code to Exempt Certain Hygiene Products from Town Sales Tax Presented by Director Zimmerman Review, discuss, and adopt proposed amendment to Town of Estes Park Municipal Code to exempt certain period and incontinent products from Town sales tax. Agenda continues on page 3. 2. Ordinance 09-26 Consenting to the Inclusion of Certain Properties Located Within the Town of Estes Park Into the Northern Colorado Water Conservancy’s Municipal Subdistrict Presented by Director Bergsten and Legal Counsel White To address gaps in the subdistrict boundaries through a streamlined inclusion process in compliance with required rules and regulations. Item will be continued to May 26, 2026. 3. Ordinance 10-26 Consenting to the Inclusion of Certain Properties Located Within the Town of Estes Park Into the Northern Colorado Water Conservancy’s District Presented by Director Bergsten and Legal Counsel White To address gaps in the district boundaries through a streamlined inclusion process in compliance with required rules and regulations. Item will be continued to May 26, 2026. Reports and Discussion Items 1. 2025 Impact Report for 6E Workforce Housing and Childcare Lodging Tax Funds Presented by Manager Speedlin Presentation of the 2025 Impact Report demonstrating the financial distribution and impact of 6E Lodging Tax funds for housing and childcare. 2. Draft Childcare Facility Master Plan and Recommended Best Practices Presented by Manager Speedlin Review Master Plan details and recommendations for best practices. Request to Enter Executive Session For discussion of specialized details of security arrangements or investigations Section 24-6-402(4)(d), C.R.S., – Regarding Board Room Security. Adjourn 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: May 12, 2026 Subject: Town Organizational Plan Type: Other: Policy Board Policy 3.13 requires that the Town Administrator present a current organizational chart of the Town to the Town Board at the first regular meeting following the certification of the results of each biennial election. The organizational chart must be in graphical format and include detail through the division level. Policy 3.13 states: “With respect to internal organizational structure of the Town, the Town Administrator will maintain a current organizational plan (organizational chart) of the Town, in a graphical format including through the division level. The Town Administrator will update the plan annually. The current plan shall be included in the Annual Comprehensive Financial Report each year and presented to the Board of Trustees at the first regular meeting following the certification of the results of each biennial election.” Pursuant to this requirement, the current organizational chart is attached. This chart is one meeting late as Policy 3.13 requires it to be presented at the first regular meeting following the certification of the election, which was the April 28th Town Board meeting. The chart is the responsibility of the Town Administrator and is presented to the Town Board for information purposes. No action is required by the Town Board. Travis Machalek Town Administrator Organizational Plan May 2026 Town Prosecutor Town Attorney Facilities Fleet Information Technology Risk Management Internal Services Museum Workforce Housing and Childcare Deputy Town Administrator Planning Building Community Development Events Complex Special Events Visitor Services Events and Visitor Services Accounting Payroll Budget Utility Billing Finance Benefits Administration Human Resources Patrol Dispatch Investigations Restorative Justice Code Compliance Police Public Information Engineering Parks Streets and Stormwater Parking and Transit Public Works Business and Liquor Licensing Elections Court Clerk Town Clerk Power and Communications Water Utilities Town Administrator Municipal Judge MAYOR AND TRUSTEES CITIZENS Town of Estes Park, Larimer County, Colorado, April 28, 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 28th day of April, 2026. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel Frank Lancaster Trustee Elect Chris Eshelman Trustee Elect Jamie Mieras Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Stephanie Bramwell, Recording Secretary Absent: None Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Cenac/Brown) to approve the Agenda with Liquor Item 3.Resolution 47-26 heard before Liquor Item 2. Resolution 46-26, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Board comments were heard and have been summarized: thanked the Parks Division for distributing 434 chokecherry trees and 2,232 native plants in recognition of Arbor Day; congratulated Administrator Machalek for being named 2025 Colorado Manager of the Year by the Colorado City/County Management Association; denounced political violence; thanked Mayor Pro Tem Cenac for her service to the Town; Visit Estes Park’s (VEP) first Filmfest and Large Event Taskforce meeting held on March 25 identified priority topic areas, the next meeting would be held on May 6; Colorado Film Office, Visit Boulder, and Sundance spoke about Sundance 2027 during a panel held on April 28 at the Historic Park Theater; the first meeting of VEP’s Marketing Advisory Committee would be held on April 29; VEP reviewed first quarter marketing at the April Board meeting and noted lodging tax numbers for February were up 11.6% year-over-year and were up 6% year-to-date; Estes Park Housing Authority (EPHA) were presented with an offer to purchase and chose not to sell the upper units and the Skyview building at Fall River Village at this time; reminded the Trustees the EPHA would present to the Board at the Study Session on June 9; encouraged participation in the community; encouraged everyone to attend the Cinco de Mayo fiesta and the Rotary Duck Race; Mayor Hall read excerpts from Larimer County’s 2026 Mental Health Awareness Month Proclamation; and Mayor Pro Tem Cenac congratulated the incumbents and new trustees and expressed gratitude for the opportunity to serve on the Board. TOWN ADMINISTRATOR REPORT. Policy Governance Monitoring Report – Policies 3.3 and 3.7. Town Administrator Machalek reported compliance with Policies 3.3 and 3.7. He then thanked Mayor Pro Tem Cenac and Trustee Younglund for their service; recognized the Town Clerk’s Office for running the municipal election; Public Service Recognition Week would be held May 3 to DRA F T Board of Trustees – April 28, 2026 – Page 2 May 9; thanked fellow public servants, including Town of Estes Park employees, for their service; and reminded the Strategic Planning Session #2 would take place on April 30. CONSENT AGENDA: 1. Bills 2. Town Board Meeting and Study Session Minutes dated April 14, 2026 3. Resolution 42-26 Events Complex Arena Footing Contract 4. Resolution 43-26 IGA with CDOT for 2026 "Bustang to Estes" Transit Service 5. Endorsing Town Attorney Dan Kramer for Re-election to the Colorado Municipal League Executive Board 6. Resolution 44-26 Amendments to a Grant Agreement with the Colorado Department of Local Affairs for the Housing Planning Grant 7. Acceptance of Town Administrator Policy Governance It was moved and seconded (Igel/Hazelton) to approve the Consent Agenda, and it passed unanimously. LIQUOR ITEMS: 1. RESOLUTION 45-26 TRANSFER OF A HOTEL AND RESTAURANT LIQUOR LICENSE FROM ST. VRAIN PROPERTY LLC DBA TRAILBORN ROCKY MOUNTAINS/CASA COLINA TO SCO TH LL, LLC DBA TRAILHEAD LODGE ROCKY MOUNTAINS, 130 STANLEY AVENUE, ESTES PARK, CO 80517. Mayor Hall opened the public hearing and Town Clerk Williamson presented Resolution 45- 26 for a transfer of a Hotel and Restaurant Liquor License. She reviewed the application stating all paperwork and fees had been submitted. The applicant was available for questions and spoke regarding their knowledge of the Responsible Vendor Training. Mayor Hall closed the public hearing. It was moved and seconded (Igel/Hazelton) to approve Resolution 45-26, and it passed unanimously. 2. RESOLUTION 46-26 TRANSFER OF A HOTEL AND RESTAURANT WITH OPTIONAL PREMISE LIQUOR LICENSE FROM ESTES VALLEY RECREATION AND PARK DISTRICT; LAURA EMMER DBA MOTHER’S CAFÉ AT THE HANGAR RESTAURANT TO ESTES VALLEY RECREATION AND PARK DISTRICT; CLUB HOUSE ESTES LLC DBA CLUB HOUSE FAIRWAY TAVERN, 1480 GOLF COURSE ROAD, UNITS A-E, ESTES PARK, CO 80517. Mayor Hall opened the public hearing and Town Clerk Williamson presented Resolution 46-26 for a transfer of a Hotel and Restaurant Liquor License. She reviewed the application stating all paperwork and fees had been submitted. The applicant had completed Responsible Vendor Training and owns another liquor establishment in Town. The applicant was available for questions and spoke regarding their experience and desire to support community organizations. Board discussion ensued and has been summarized: Trustee Brown requested clarification on the applicants, Town Clerk Williamson confirmed the Estes Valley Recreation and Park District (EVRPD) would hold the license in conjunction with the concessionaire; Trustee Igel noted the signatory from EVRPD no longer represented EVRPD and asked if this change impacted the licensing process, Town Clerk Williamson stated it did not; Trustee Igel asked if the applicant would support community groups hosting fundraisers at the Club House Fairway Tavern, the applicant stated they intend to support community organizations within the limits of the liquor code. Mayor Hall closed the public hearing. It was moved and seconded (Cenac/Igel) to approve Resolution 46-26, and it passed unanimously. 3. RESOLUTION 47-26 TRANSFER OF A LODGING LIQUOR LICENSE FROM BIG THOMPSON PROPERTY LLC DBA TRAILBORN ROCKY MOUNTAIN OUTPOST TO SCO OP LL, LLC DBA THE OUTPOST ROCKY MOUNTAINS, 1040 BIG THOMPSON AVENUE, ESTES PARK, CO 80517. Mayor Hall opened the public DRA F T Board of Trustees – April 28, 2026 – Page 3 hearing and Town Clerk Williamson presented Resolution 47-26 for a transfer of a Hotel and Restaurant Liquor License. She reviewed the application stating all paperwork and fees had been submitted. The applicant was available for questions and indicated their knowledge of the Responsible Vendor Training. Board discussion ensued and has been summarized: Trustee Brown asked about the Lodging Liquor license and Town Clerk Williamson confirmed the lodging license permits service in common areas, but not in individual accommodation rooms. Mayor Hall closed the public hearing. It was moved and seconded (Lancaster/Brown) to approve Resolution 47-26, and it passed unanimously. 4. RESOLUTION 48-26 TRANSFER OF A TAVERN LIQUOR LICENSE FROM PARK THEATER MALL DBA THE SLAB TO RED A SLAB LLC DBA THE SLAB OUTDOOR PUB, 116 E ELKHORN AVENUE, ESTES PARK, CO 80517. Mayor Hall opened the public hearing and Town Clerk Williamson presented Resolution 48-26 for a transfer of a Tavern Liquor License. She reviewed the application stating all paperwork and fees had been submitted. The applicant had completed the previous version of the Responsible Vendor Training titled Training for Intervention Procedures. The applicant was available for questions and spoke regarding updates to their management structure. Mayor Hall closed the public hearing. It was moved and seconded (Hazelton/Brown) to approve Resolution 48-26, and it passed unanimously. 5. RESOLUTION 49-26 TRANSFER OF AN ENTERTAINMENT LIQUOR LICENSE FROM PARK THEATER MALL LLC DBA HISTORIC PARK THEATRE AND CAFÉ TO BLUE WHALE THEATER LLC DBA PARK THEATRE, 130 MORAINE AVENUE, ESTES PARK, CO 80517. Mayor Hall opened the public hearing and Town Clerk Williamson presented Resolution 49-26 for a transfer of an Entertainment Liquor License. She reviewed the application stating all paperwork and fees had been submitted. The applicant was available for questions and stated Responsible Vendor Training would be completed. Mayor Hall closed the public hearing. It was moved and seconded (Cenac/Igel) to approve Resolution 49-26, and it passed unanimously. ACTION ITEMS- NEW BUSINESS: 1. RESOLUTION 50-26 AGREEMENT WITH PRO-PIPE SERVICES, LLC FOR STORMWATER PIPE CCTV INSPECTION AND PROTRUSION REMOVAL SERVICES. Stormwater Engineer Muhonen presented a services contract to perform stormwater pipe closed circuit television (CCTV) inspections on nearly nine (9) miles of stormwater pipes. He referenced the information provided to the Board at the February 24 Study Session. He stated the stormwater lines have not been inspected since installation and developing an understanding of the stormwater system would be a responsible use of the 1% sales tax approved by voters for roads and stormwater infrastructure. Board discussion ensued and has been summarized: Asked if the vaccum truck owned by the Town would be used to clean stormwater pipes, Muhonen confirmed it would be used to remove the protrusions identified by the CCTV inspection; asked how the project would impact traffic, Muhonen stated the work would not occur in CDOT right-of-ways during the day from Memorial Day to October 18, he estimated the inspection van would spend half-an-hour to an hour at each manhole or inlet and he stated signage and personnel for traffic control were included in the proposal; asked for the anticipated timeline of the project, Muhonen stated it would take sixty (60) working days with a deadline of December 31, 2026. It was moved and seconded (Cenac/Igel) to approve Resolution 50-26, and it passed unanimously. ORDINANCE 07-26 AUTHORIZING ISSUANCE OF A USDA WATER REVENUE BOND. Mayor Hall opened the public hearing. Director Zimmerman presented the ordinance for finance improvements to the former Prospect Mountain Water Company system where proceeds would repay the existing CoBank construction loan of $4,493,000. She stated the bond issuance would allow the Town to refinance the existing loan to a lower interest rate with the USDA direct loan program and would ensure the cost would be equitably allocated to the Prospect Mountain customers and would not adversely impact existing water enterprise customers. Board discussion ensued and has been summarized: Asked if further action would be recommended in DRA F T Board of Trustees – April 28, 2026 – Page 4 addition to the proposed ordinance, Attorney Kramer stated another ordinance to amend the code to add the surcharge to the water rates and charges would be recommended by staff once the final surcharge was calculated; asked if the Town acquired water rights in the original agreement with Prospect Mountain Water Company, Inc., Attorney White stated the Town had not; asked if the significant problems with the tank had been resolved, Manager Wesley stated weeping from the tank had reduced and additional improvements conducted by the contractor would occur in the summer of 2026; asked about quality of roads leading to the tank, Manager Wesley confirmed most of the roads had been restored but some remained in use by heavy equipment for ongoing tank improvements and stated those roads would be restored after tank improvements were completed; asked what the expected surcharge would be for the 133 Prospect Mountain customers, Manager Wesley estimated it would be $200 or less per month for forty (40) years; asked what estimate the property owners received at the beginning of the project, Manager Wesley stated the original estimate was $250 to $350 per month; asked if there would be a provision for households who are unable to pay the full water bill, Attorney White stated it would be at the Board’s discretion as the head of the water enterprise and Attorney Kramer recommended such an occurrence be considered in the same manner as other incomplete water payments; asked if the cost would transfer to new owners in the event of a sale, staff confirmed it would and stated customers could pay the entire cost at any time with no penalty; asked if the previous water agreement included a clause for annexation of the Prospect Mountain properties, Attorney White stated an annexation clause had not been included in the original agreement; and Trustee Brown expressed his support to secure agreements from property owners who join the water system for future annexation. Mayor Hall closed the public hearing. It was moved and seconded (Brown/Cenac) to approve Ordinance 07-26, and it passed unanimously. MAYOR PRO TEM CENAC ACKNOWLEDGEMENT. Mayor Hall read Mayor Pro Tem Cenac’s Resolution of Respect and presented the Town’s years of service gifts. Mayor Hall called a break at 8:27 p.m. and reconvened the meeting at 8:42 p.m. SWEARING-IN CEREMONY FOR NEWLY-ELECTED TRUSTEES. Municipal Judge Thrower conducted a swearing-in ceremony for newly-elected Trustees Bill Brown, Chris Eshelman, Kirby Hazelton, and Jamie Mieras. The meeting reconvened at 8:50 p.m. ACTION ITEMS: 1. APPOINT MAYOR PRO TEM. It was moved and seconded (Brown/Lancaster) to approve the appointment of Trustee Hazelton as Mayor Pro Tem, and it passed unanimously. 2. TOWN BOARD POLICY 101 – BOARD ASSIGNMENTS. Policy Governance 101 Board Appointments outlines the appointments to a number of Boards, Commissions, and Task Forces. The following were considered by the Board for formal approval and appointment: DRA F T Board of Trustees – April 28, 2026 – Page 5 It was moved and seconded (Hazelton/Lancaster) to approve the revisions to Policy 101 Board of Trustee Division of Responsibilities with the modification of Jason Damweber replacing Travis Machalek serving as Staff Liaison to the Estes Chamber of Commerce Economic Development and Workforce Council, and it passed unanimously. 3. APPOINTMENTS. Town Clerk Williamson presented the staff appointments. It was moved and seconded (Igel/Brown) to approve the appointments of Jackie Williamson as Town Clerk, Tammy Zimmerman as Town Treasurer/Town Clerk Pro Tem, Dan Kramer as Town Attorney, David Thrower as Municipal Judge, Howard Bartlett as Assistant Municipal Judge, and Travis Machalek as Town Administrator, and it passed unanimously. 4. RESOLUTION 51-26 CONTRACT WITH DAVID THROWER FOR MUNICIPAL JUDGE SERVICES. Town Clerk Williamson presented a new contract for Municipal Judge Thrower. The contract would run through the next regular municipal election in 2028. No changes to the contract were proposed. Judge Thrower also presides as the Liquor Authority as outlined in the Municipal Code through the proposed contract. The contract would begin on April 28, 2026 and terminate on April 25, 2028 with all other conditions remaining the same. It was moved and seconded (Igel/Hazelton) to approve Resolution 51-26, and it passed unanimously. 5. RESOLUTION 52-26 CONTRACT WITH HOWARD BARTLETT FOR ASSISTANT MUNICIPAL COURT JUDGE SERVICES. Town Clerk Williamson presented a new contract for Assistant Municipal Court Judge Bartlett. The contract would run through the next regular municipal election in 2028. No changes to the contract were proposed. The contract would begin on April 28, 2026 and terminate on April 25, 2028 with all other conditions remaining the same. It was moved and seconded (Eshelman/Brown) to approve Resolution 52-26, and it passed unanimously. Whereupon Mayor Hall adjourned the meeting at 9:06 pm. DRA F T Board of Trustees – April 28, 2026 – Page 6 Gary Hall, Mayor Stephanie Bramwell, Recording Secretary DRA F T RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado April 30, 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 30th day of April, 2026. Board: Mayor Hall, Mayor Pro Tem Hazelton, Trustees Brown, Eshelman, Igel, Lancaster, and Mieras Attending: All Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Attorney Kramer, Town Clerk Williamson, Directors Bergsten, Careccia, Fetherston, Greear, Hinkle, and Zimmerman, Chief Stewart and Deputy Town Clerk Beers Absent: None Mayor Hall called the meeting to order at 2:00 p.m. Review of Objectives and Goals Town Administrator Machalek reviewed changes or additions from departments and the Board to the Strategic Objectives and Goals for each Key Outcome Area. Revisions and additions have been listed below: Exceptional Community Services The following Strategic Policy Goals were added or modified: Goal 1.B Add - Continue efforts with the Housing Authority to develop additional workforce housing on Town owned property. Goal 1.C Add – Continue efforts with the Housing Authority and business community to address seasonal housing needs. Goal 2.A Modify - Continue engaging with senior community members and partner organizations that support seniors. Identify opportunities for the Town to help address new and existing matters of importance, including housing and transportation for seniors. Goal 6.A Modify - Ensure the Estes Park Development Code continues to align with the new Comprehensive Plan and other Town policies and goals by processing new amendments as necessary. Goal 6.C Add – Develop a process to ensure that the costs of development code, municipal code, and building code changes are understood when changes are being proposed. Goal 10.A Modify - Explore the potential to create a program to incentivize art on both public and private property, especially with new development in non-residential areas and/or the Estes Arts District. Governmental Services and Internal Support The following Strategic Policy Goal was modified: Goal 11.E Modify – Develop a long-term Master Plan for Town Hall that includes a space utilization study, life cycle replacement needs (roofs, windows, siding, HVAC, etc.), and considers the possibility of reconstruction to allow for mixed use/or relocation of Town offices. Outstanding Guest Services The following Strategic Policy Goals or Objectives were added or modified: Goal 2.C Add – Upgrade and maintain the quality, function, and safety of the Town’s DRA F T Town Board Strategic Planning Session #2 Minutes dated April 30, 2026 – Page 2 visitor and event facilities. Goal 5.B Modify – Visitor Services will work with Visit Estes Park and the Rocky Mountain Conservancy on developing and implementing ways to help educate and entertain guests at the Visitor Center. Goal/Objective would be added for off-peak events financial considerations. Public Safety, Health and Environment The following Strategic Policy Statement, Goals or Objectives were added or modified: Statement 8 Modify – We believe restorative practices are essential to a healthy and resilient Estes Park community by repairing harm, strengthening relationships, facilitating engagement, and deepening understanding. Goal 2.D Modify – Remain an active partner with Larimer County in managing the Estes Valley’s solid waste, including recycling. Goal 2.H Add – Enhance the quality of environmental planning within the Town’s development processes. Goal 2.I Add – Consider implementation of Climate Action Plan recommendations as appropriate. Goal 10.A Add – Continue to re-evaluate current evacuation areas/procedures based on the best-available data and information about our community. Objective 1.B.1 Modify – Ensure the completion of pre-design work for a new Public Safety Facility with projected completion of construction and occupancy of a new police facility by 2029. (Multi-year Objective) Objective Add - Join and actively participate in MT2030. Objective 2.D.1 Add – Evaluate opportunities to expand curbside recycling. Objective 2.H.1 Modify - Evaluate the need for a dedicated environmental planning function within the Community Development Department that would be responsible for ensuring new and existing development complies with sustainability and environmental regulations and policies, especially regarding wildlife, wildfire, flood, and Comprehensive Plan objectives. Objective 10.A.1 Add – Establish regularly recurring emergency preparedness and evacuation education opportunities for the public. Robust Economy The following Strategic Policy Goals or Objectives were added: Goal 1.A. Add – Explore the possibility of enhanced higher education presence in Estes Park. Goal 5.B Add – Continue collaborative planning efforts regarding a shared facility concept on Cleave Street that includes a new parking structure, retail space, and housing units. Town Financial Health The following Strategic Policy statement was added: Statement 4 Add – We responsibly steward public funds and carefully manage Town expenditures to support cost-effective services for our residents, customers, and visitors. There were no changes to goals/objectives. DRA F T Town Board Strategic Planning Session #2 Minutes dated April 30, 2026 – Page 3 Transportation The following Strategic Policy Goals or Objectives were modified: Goal 1.B Modify – Evaluate the possibility of adopting fee-in-lieu mechanisms to assist in funding multimodal transportation improvements. Goal 1.D Add – Monitor and address the impacts to the Town sidewalk and trail system from electrified micromobility devices. Goal 8.B Modify – Obtain funding to design and build a functionally connected bike and pedestrian network within one mile of Estes Park public schools. Objective 5.A.1 Modify – Explore partnership opportunities, consider options, identify funding, and construct a 3-level parking structure at the Big Horn parking lot. (Multi-year Objective) Utility Infrastructure The following Strategic Policy Statement, Goals or Objectives were added or modified: Statement 3 Modify - We use a risk-based approach for achieving an appropriate level of resiliency in the provision of all Town utility services. Statement 5 Modify – We encourage and support responsible stewardship of our utilities’ natural resources, including the use of renewable energy sources and storage. Goal 1.A Modify – Ensure at least one water treatment plant can reliably operate year- round by designing water treatment operations that increase reliability and lower operations and maintenance costs by leveraging modern technologies, improving chemical handling and staff safety, and mitigating natural disaster single-point-of-failure vulnerabilities. Goal 2.A Add – Identify and remove high-risk/high-frequency power outage areas through the targeted replacement of bare overhead conductors and the deployment of intelligent fault-isolation technology. Goal 3.A Add – Evaluate the reliability risks faced by each of the Town’s three utilities. Goal 5.B Add – Reduce water waste. Goal 5.C Move to Public Safety, Health and Environment section. Objective 1.A.1 Add – Begin process to site, design and construct a new water treatment plant. Objective 6.A.1 Modify – Complete the ESRI Utility Network (UN) migration for Fiber GIS that improves network visibility with PRPA and other owner communities. Town Administrator Machalek would prepare a provisional 2027 Strategic Plan to be considered on May 26, 2026. A final Strategic Plan would be considered at the end of the year following the annual budget process. There being no further business, Mayor Hall adjourned the meeting at 4:08 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: Jamin Rucker, Civil Engineer David Greear, PE, Public Works Director Department: Public Works Date: May 12, 2026 Subject: Resolution 53-26 Contract Extension with Vance Brothers, LLC for the 2026 Chip and Crack Seal Program, $315,848.27 - Budgeted Type: Resolution Objective: Public Works staff seek Town Board approval for the construction contract extension with Vance Brothers, LLC for the 2026 Chip and Crack Seal Program for the surface treatment of multiple roads in the Town of Estes Park. Present Situation: On February 24, 2026, Public Works staff presented a plan to maintain the condition of Town streets at an overall system-wide Pavement Condition Index (PCI) of 80. To effectively implement this plan, we need to extend the contract with Vance Brothers to begin the 2026 Chip and Crack Seal Program. Through a competitive bid process, Vance Brothers was awarded the contract in 2025. Vance Brothers has a good reputation and extensive experience applying asphalt surface treatments in Estes Park. The Town was satisfied with their work in 2025. The 2025 contract documents included a provision that allows the Town to extend the contract for an additional three years in one-year increments. Vance Brothers has expressed their interest in extending the contract by another year and are available to continue this work in 2026. At the February 24, 2026 Town Board Study Session, Public Works staff presented the proposed projects for 2026, including the use of an asphalt rejuvenation product called Reclamite on two roads in Estes Park. This product has been widely adopted in other communities and is expected to provide meaningful cost savings over time compared to traditional chip seal methods, with typical costs estimated at approximately 25% for a similar treatment area. Initial unit pricing received from the contractor was closer to traditional chip seal than anticipated. However, as this is a new application for the Town, staff expect that costs will become more competitive as both the Town and contractors gain familiarity with the product and application process. Despite the initial pricing variance, staff recommend proceeding with this component of the contract to evaluate its effectiveness and long-term value in extending the life of our roadway network. Proposal: Public Works staff propose extending the original 2025 Vance Brothers contract for the 2026 Overlay & Patching Program. Advantages: • Resurfacing of multiple roads in Estes Park, including Scott Avenue, MacGregor Avenue, and Manford Avenue. • Utilization of 1% sales tax funds to improve Estes Park streets, which moves forward the 2026 Street Improvement Program (STIP). Disadvantages: • Disruption of traffic and parking in the proposed work areas may occur. • Funds could be used for other street improvement purposes. Action Recommended: Public Works staff recommend approval of the attached Contract Change Order in the amount of $315,848.27 to extend the contract with Vance Brothers for the 2026 Chip and Crack Seal program, and authorizing staff to spend an additional contingency amount up to $9,151.73 if needed to address unanticipated conditions during construction. The maximum expenditure amount is $325,000.00. Finance/Resource Impact: This project will be funded from the Street Improvement Fund account number 26004037-525200. The budgeted amount in this account for 2026 is $330,000. Level of Public Interest: Public interest on this project is expected to be moderate to high. Sample Motion: I move for the approval/denial of Resolution 53-26 Attachments: 1. Resolution 53-26 2. Construction Change Order No. 2 3. Contract Extension No. 1 4. Combined Exhibits RESOLUTION 53-26 APPROVING A CONTRACT EXTENSION WITH VANCE BROTHERS, LLC FOR 2026 CHIP AND CRACK SEAL PROGRAM WHEREAS, the Town Board wishes to enter a construction contract referenced in the title of this resolution for overlay and patching. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the construction contract referenced in the title of this resolution in substantially the form now before the Board. The maximum expenditure amount is $325,000.00 for this construction project. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 Attachment 2 CONSTRUCTION CONTRACT EXTENSION NO. 1 2026 Chip & Crack Seal The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Vance Brothers, LLC (Contractor), whose address is 380 W. 62nd Avenue, Denver, CO 80216, 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 Construction Contract on the 22nd day of April, 2025, for 2025 Chip & Crack Seal Program (Contract). 1.2 Section 6 of the Special Conditions originally provided that the term would continue through August 29, 2025, and provided for up to 3 extensions for a period of one year each, upon mutual agreement of the parties. 1.3 The Contract has not yet been extended. 1.4 Town and Contractor desire to extend the Contract for an additional year. 2 EXTENSION: The term of the Contract is hereby extended for one additional year. 3 PROVISIONS CONTINUE IN EFFECT: All provisions of the Contract remain in full force and effect. All provisions of the Contract relating to the interpretation or application of the Contract shall apply equally to this 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 Contract for the respective parties. 4 REVISIONS TO THE CONTRACT: SCOPE OF WORK 2026 Chip & Crack Seal Program The scope of work for 2026 will include crack seal, chip seal, Asphalt Rejuvenating Agent (Reclamite), and associated restriping and application of thermoplastic markings on multiple roads in the Town of Estes Park. The roads proposed for treatment are listed below: Attachment 3 Page 2 of 4 Chip Seal Crabapple Lane Greyhawk Court Lakeshore Drive Crack Seal Summit Drive Otis Lane Chip Seal and Crack Seal Manford Avenue Raven Avenue Raven Circle North Lake Avenue Panorama Circle Reclamite Scott Avenue MacGregor Avenue Exhibit A shows the roads for chip and crack seal, Reclamite application. CONTRACT PRICE The Contract price shall be $315,848.27 (“Contract Price”). CONTRACT TIMES AND COMPLETION OF WORK Schedule of 2026 Activities Town Board Approval May 12, 2026 Pre-Construction Meetin May 13, 2026 – tentative Notice to Procee May 14, 2026 – tentative Work Complete Au ust 31, 2026 Contractor shall commence all work under this contract on or after the date of the Notice to Proceed, and completing all work, including cleanup and demobilization, on or before August 31, 2026. MISCELLANEOUS Contractor shall extend/adjust their Payment and Performance Bond to cover the 2026 program. Signature pages follow. Page 4 of 4 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 Bl a c k C a n y o n C r e e k Big T h o m p s o n R i v e r Fish C r e e k Fall Rive r Big Thom p s o n R i v e r LAKE ESTES MARYSLAKE DEVILSGULCH RD N SAINT VRAIN AVE HIGHWA Y 3 6 HIGHWAY66 S SAINT VRAIN AVE WHIGHWAY34 FALLRIVER RD HIGHWAY36 EELKHORNAVE MORAINEAVE WWONDERVIEWAVE £¤36 £¤34 £¤36 UV7 This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 1,400 2,800Feet 1 in = 2,617 ft±Town of Estes ParkPublic Works Exhibit A2026 Chip& Crack Seal Attachment 4 Bla c k C a n y o n C r e e k Big Thompson River Bla c k C a n y o n C r e e k LAKE ESTES VIRGINIADR E WONDERVIEW AVE STEAMER PKWY W WONDERVIEW AVE BIGTHOMPSONAVE FREELAND CT OVERLOOK CT BLACK CANYON DR DE V I L S G U L C H R D SKYLINEDR HI L L S I D E L N STEAMERCT PRIVATEDR STEAMERDR VISTALN SOUTH LN OVERLOOK LN PINE LN MACGREGORAVE HOMESTEADER LN PROSPECTOR LN PIONEER LN WE S T L N EAST LN TWINOWLS LN FINDLEY CT This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 290 580Feet 1 in = 523 ft±Town of Estes ParkPublic Works Exhibit A2026 Chip& Crack Seal SOARINGCIR HIGH PINE DR BIGTHOMPSONAVE GRAND ESTATES DR DR Y G U L C H R D LO N E P I N E D R RED TAIL HAWK DR COYOTE R U N NORTH RIDGE LN WILDFIRE RD ELK T R A I L C T LA K E F R O N T S T MOUNTAIN VILLAGE LNBEACHLN GRAY HAWK CT MACCRACKENLN DEERPATHCT OLYMPIAN LN CONTINENTAL PEAKS CIR PRIVATEDR This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 290 580Feet 1 in = 523 ft±Town of Estes ParkPublic Works Exhibit A2026 Chip& Crack Seal Fi s h C r e e k LAKE ESTES4THST SSAINTVRAINAVE STANL E Y A V E COMMUNITY DR FISHCREEKRD PRIVATE DR GRAVES AVE 3RDST EASTCT MORGAN ST WA P I T I P L BRODIE AVE 5THST PONDEROSADR HALBACH LN 2NDST SOU T H C T NORTH C T SAINT VRAIN LN MATTHEW CIR N SAINT VRAIN AVE CO M M U N I T Y D R This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 220 440Feet 1 in = 393 ft±Town of Estes ParkPublic Works Exhibit A2026 Chip& Crack Seal Fish C r e e k FIS H C R E E K R D SSAINTVRAINAVE UPLANDS CIR FAWN CTPR I V A T E D R AV A L O N D R PINEWOOD LN LONGVIEWDR BRAD L E Y L N CARRIAGE DR SPRUCEAVE MOUNTAINVIEW CT TWIN D R PAW N E E D R ACACIA DR NMORRIS CT LARKSPURAVE CRA G S C T BALDPATECT PINEWOODDR PINEMEADOWDR LONGS DR ACACIA DR UV7 This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 220 440Feet 1 in = 393 ft±Town of Estes ParkPublic Works Exhibit A2026 Chip& Crack Seal 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: Jamin Rucker, Civil Engineer David Greear, PE, Public Works Director Department: Public Works Date: May 12, 2026 Subject: Resolution 54-26 Contract Extension with Coulson Excavating Company, Inc. for the 2026 Overlay and Patching Program, $1,384,209.50 - Budgeted Type: Resolution Objective: Public Works staff seek Town Board approval for the construction contract extension with Coulson Excavating Company, Inc. (Coulson) for the 2026 Overlay & Patching Program for the repaving of multiple roads in the Town of Estes Park. Present Situation: On February 24, 2026, Public Works staff presented a plan to maintain the condition of Town streets at an overall system-wide Pavement Condition Index (PCI) of 80. To effectively implement this plan, we need to extend the contract with Coulson to begin the 2026 Overlay & Patching Program. Through a competitive bid process, Coulson was awarded the contract in 2024. Coulson has a good reputation and extensive experience performing asphalt paving work in Estes Park. The Town was satisfied with their work in 2024 and 2025. The 2024 contract documents included a provision that allows the Town to extend the contract for an additional three years in one-year increments. Coulson has expressed their interest in extending the contract by another year and are available to continue this work in 2026. Proposal: Public Works staff propose extending the original 2024 Coulson contract for the 2026 Overlay & Patching Program. Advantages: • Rehabilitation of multiple roads in Estes Park, including reconstruction of 2nd Street and portions of Old Ranger Drive and Old Man Mountain Lane. • Utilization of 1% sales tax funds to improve Estes Park streets, which moves forward the 2026 Street Improvement Program (STIP). Disadvantages: • Disruption of traffic and parking in the proposed work areas may occur. • Funds could be used for other street improvement purposes. Action Recommended: Public Works staff recommend approval of the attached Contract Change Order in the amount of $1,384,209.50 to extend the contract with Coulson for the 2026 Overlay & Patching Program, and authorizing staff to spend an additional contingency amount up to $115,790.50 if needed to address unanticipated conditions during construction. The maximum expenditure amount is $1,500,000.00. Finance/Resource Impact: This project will be funded from the Street Improvement Fund account numbers 26004037-535510 and 26004037-535520. The budgeted amount in these accounts for 2026 is $1,295,000, and the 2025 contract rollover amount is $325,000. Level of Public Interest: Public interest on this project is expected to be moderate to high. Sample Motion: I move for the approval/denial of Resolution 54-26 Attachments: 1. Resolution 54-26 2. Construction Change Order No. 6 3. Contract Extension No. 2 4. Combined Exhibits RESOLUTION 54-26 APPROVING A CONTRACT EXTENSION WITH COULSON EXCAVATING COMPANY, INC. FOR 2026 OVERLAY AND PATCHING PROGRAM WHEREAS, the Town Board wishes to enter a construction contract referenced in the title of this resolution for overlay and patching. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the construction contract referenced in the title of this resolution in substantially the form now before the Board. The maximum expenditure amount is $1,500,000.00 for this construction project. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 Attachment 2 CONSTRUCTION CONTRACT EXTENSION NO. 2 Overlay and Patching Program The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Coulson Excavating Company, Inc (Contractor), whose address is 3609 Madison Ave., Loveland, CO 80538, make this Contract Extension 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 Construction Contract on the 15th day of May, 2024 , for the 2024 Overlay and Patching Program (Contract). 1.2 Section 5 of the Special Conditions originally provided that the term would continue through August 30, 2024, and provided for up to three extensions for a period of one year each, upon mutual agreement of the parties. 1.3 The Contract has been extended 1 time. 1.4 Town and Contractor desire to extend the Contract for an additional year. 2 RENEWAL: The term of the Contract is hereby renewed for one additional year. 3 PROVISIONS CONTINUE IN EFFECT: All provisions of the Contract remain in full force and effect. All provisions of the Contract relating to the interpretation or application of the Contract shall apply equally to this 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 Contract for the respective parties. 4 REVISIONS TO THE CONTRACT: SCOPE OF WORK 2026 Overlay & Patching Program The scope of work for 2026 will include reconstruction, repaving or patching of multiple roadways in the Town of Estes Park. Contractor shall supply all labor, materials, and equipment Attachment 3 Page 2 of 4 necessary to complete the work in accordance with the contract specifications. The Work is generally described as follows: 1.Old Ranger Drive and Old Man Mountain Lane: Complete reconstruction of portions both streets including unclassified excavation, concrete curb and gutter, placement of 6 inches Recycled Asphalt Pavement, 4 inches of asphalt (2 lifts). Also 2” mill and 2” overlay of portions of both streets. 2. 2nd Street: Complete reconstruction including unclassified excavation, concrete curb and gutter, placement of 6 inches Recycled Asphalt Pavement, 4 inches of asphalt (2 lifts), new 6” concrete sidewalk, pavement marking and striping. 3. Grand Estates Drive: 2” mill and 2” overlay. 4.Big Horn Drive: 1.5” mill and 1.5” overlay. 5.Brownfield’s Parking Lot: 4” mill and 4” overlay (2 lifts). Exhibit A provides an overview map of the 2026 Overlay & Patching Program. CONTRACT PRICE The Contract price shall be $1,384,209.50 (“Contract Price”). CONTRACT TIMES AND COMPLETION OF WORK Schedule of 2026 Activities Town Board Approval May 12, 2026 Pre-Construction Meetin May 13, 2026 Notice To Procee May 14, 2026 Milestone #1 Completion June 30, 2026 Final Completio October 31, 2026 Milestone #1 shall consist of completion of patching. Contractor shall commence all work under this contract on or after the date of the Notice to Proceed, and completing all work, including cleanup and demobilization, on or before October 31, 2026. LIQUIDATED DAMAGES As outlined in the original 2024 contract, and the 2025 contract extension, apply to the 2026 contract Milestone #1, and Final Completion dates in the amount of $2,500.00 per calendar day. Article 9. MISCELLANEOUS Contractor shall extend/adjust their Payment and Performance Bond to cover the 2026 program. Signature pages follow. Page 4 of 4 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 3410 L.F. NEW CONCRETE CURB AND GUTTER APPX. 2270 S.Y. 2" MILL AND OVERLAY APPX. 3255 S.Y. FULL DEPTH RECONSTRUCTION APPX. 2545 S.Y. 4" MILL AND OVERLAY OLD RA N G E R D R I V E OLD M A N M O U N T A I N L A N E FA L L R I V E R L A N E OLD RA N G E R D R I V E W. ELK H O R N A V E . 100' SCALE: 1" = 100' 0 200'300' CHECKED: DATE: DRAWN: SCALE: PROJECT MANAGERTOWN OF ESTES PARK PUBLIC WORKS 170 MACGREGOR AVENUE ROOM 100 ESTES PARK CO 0517 ENGINEERINGESTES.ORG 70577357 OF SHEET NUMBER M 13 2026 FOR MASTER FILE PATH: LA S T S A V E D O N : 3 / 1 3 / 2 0 2 6 4 : 0 6 P M B Y J R U C K E R JAMIN RUCKER 705773736 BOR 1"=100'MAN MOUNTAIN LANE OVERVIEW OLD RANGER DRIVE AND OLD 1 5 2 0 2 6 O V E R L A Y A N D P A T C H I N G O L D R A N G E R D R I V E A N D O L D M A N M O U N T A I N L A N E O V E R V I E W OVERVIEW ESTES PARK CO 0517 U:E00PROJECT FILESB 1A P2026 P2026 O P05 DO M2026 OLP O M 2026 OVERLAY AND PATCHING Attachment 4 APPROXIMATE QUANTITIES 2134 S.Y FULL DEPTH ASPHALT REMOVAL 834 S.Y CONCRETE PAVEMENT REMOVAL 2968 S.Y. RECONDITION SUBGRADE 510 TONS OF 4" ASPHALT, 2 LIFTS 1475 L.F. CURB AND GUTTER 635 L.F. DOUBLE YELLOW CENTERLINE, 4" WIDE 511 S.Y. CONCRETE SIDEWALK, 6" STOP LINE WHITE, 24" WIDE, AND CROSSWALK BARS, SOLID, 1.5'X9' STOP LINE WHITE, 24" WIDE, AND CROSSWALK BARS, SOLID, 1.5'X9' 2ND STREET SH 7 US 3 6 50' SCALE: 1" = 50' 0 100'150' CHECKED: DATE: DRAWN: SCALE: PROJECT MANAGERTOWN OF ESTES PARK PUBLIC WORKS 170 MACGREGOR AVENUE, ROOM 100, ESTES PARK, CO 80517 ENGINEERING@ESTES.ORG - 970-577-3587 OF SHEET NUMBER March 13, 2026 FOR MASTER FILE PATH: LA S T S A V E D O N : 31 3 2 0 2 6 4 : 0 6 P M B Y JR U C K E R JAMIN RUCKER 970-577-3736 BOR ---- 1"=50'OVERVIEW MAP 2ND STREET RECONSTRUCTION 2 5 -- - - - 20 2 6 O V E R L A Y A N D P A T C H I N G - 2N D S T R E E T R E C O N S T R U C T I O N OV E R V I E W M A P OVERVIEW ESTES PARK, CO 80517 U:\Engineering\00-PROJECT FILES\Ballot 1A Projects\2026 Projects\2026 Overlay & Patching\05 Design\Overview Maps\2026 OLP Overview Maps ---- 2026 OVERLAY AND PATCHING 2350 SY. 2" MILL AND 2" OVERLAY GRAN D E S T A T E S D R I V E GRAND E S T A T E S D R I V E LA K E F R O N T S T . PINE LAN E 100' SCALE: 1" = 100' 0 200'300' CHECKED: DATE: DRAWN: SCALE: PROJECT MANAGERTOWN OF ESTES PARK PUBLIC WORKS 10 MACGREGOR AVENUE ROOM 100 ESTES PARK CO 051 ENGINEERINGESTES.ORG 0535 OF SHEET NUMBER M 13 2026 FOR MASTER FILE PATH: LA S T S A V E D O N : 3/ 1 3 / 2 0 2 6 4 : 0 6 P M B Y JR U C K E R JAMIN RUCKER 05336 BOR 1"=100'OVERVIEW MAP GRAND ESTATES 3 5 20 2 6 O V E R L A Y A N D P A T C H I N G GR A N D E S T A T E S OV E R V I E W M A P OVERVIEW ESTES PARK CO 051 U:E00PROJECT FILESB 1A P2026 P2026 O P05 DO M2026 OLP O M 2026 OVERLAY AND PATCHING © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO 3300 S.Y. 1.5" MILL AND OVERLAY 630 L.F. DOUBLE YELLOW CENTERLINE, SOLID, 4" WIDE BIG HORN DRIVE CLEAVE STREET W. ELKHORN AVE. LAWN LANE E. ELKH O R N A V E . 340 S.Y. 4" MILL AND 4" OVERLAY, 2 LIFTS BROWNFIELDS SOUVENIRS THIRTY BELOW LEATHER 100' SCALE: 1" = 100' 0 200'300' CHECKED: DATE: DRAWN: SCALE: PROJECT MANAGERTOWN OF ESTES PARK PUBLIC WORKS 10 MACGREGOR AVENUE, ROOM 100, ESTES PARK, CO 051 ENGINEERINGESTES.ORG 0535 OF SHEET NUMBER M 13, 2026 FOR MASTER FILE PATH: LA S T S A V E D O N : 3 / 1 3 / 2 0 2 6 4 : 0 6 P M B Y J R U C K E R JAMIN RUCKER 05336 BOR AS SHOWN PARKING LOT OVERVIEW MAP BIG HORN DR. AND BROWNFIELD 4 5 2 0 2 6 O V E R L A Y A N D P A T C H I N G B I G H O R N D R . A N D B R O W N F I E L D P A R K I N G L O T O V E R V I E W M A P OVERVIEW ESTES PARK, CO 051 U:E00PROJECT FILESB 1A P2026 P2026 O P05 DO M2026 OLP O M 2026 OVERLAY AND PATCHING 20' SCALE: 1" = 20' 0 40'60' APPROXIMATELY 1200 L.F. CONCRETE CURB AND GUTTER SEE "STANLEY PARK LOT" PDF. CHECKED: DATE: DRAWN: SCALE: PROJECT MANAGERTOWN OF ESTES PARK PUBLIC WORKS 10 MACGREGOR AVENUE ROOM 100 ESTES PARK CO 01 ENGINEERINGESTES.ORG 03 OF SHEET NUMBER M 13 2026 FOR MASTER FILE PATH: LA S T S A V E D O N : 3/ 1 3 / 2 0 2 6 4 : 0 6 P M B Y JR U C K E R JAMIN RUCKER 0336 BOR 1"10 OVERVIEW MAP COMMUNITY DRIVE 20 2 6 O V E R L A Y A N D P A T C H I N G CO M M U N I T Y D R I V E OV E R V I E W M A P OVERVIEW ESTES PARK CO 01 U:E00PROJECT FILESB 1A P2026 P2026 O P0 DO M2026 OLP O M 2026 OVERLAY AND PATCHING 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 Department: Internal Services Date: May 12, 2026 Subject: Resolution 55-26 Contract with Kinley Built LLC for Design and Construction Services for the Events Center Storage Building $424,350 – Budgeted Type: Contract/Agreement, Resolution Item removed from agenda by staff. 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 Department: Internal Services Date: May 12, 2026 Subject: Resolution 55-26 Contract with Kinley Built LLC for Design and Construction Services for the Events Center Storage Building $424,350 – Budgeted Type: Contract/Agreement, Resolution Objective To provide a new approximately 5,000 sqft storage building to replace the existing structure at the Events Center Complex. This project includes the structural and civil engineering of the new building as well as the construction. Present Situation: The current storage building at the Events Center is approximately 1,600 sqft. It no longer serves adequate storage capabilities, resulting in materials being stored outside, as well as unsafe conditions inside the building. An Invitation to Bid was advertised on March 10, 2026. 11 contractors attended the mandatory pre-bid meeting. Six proposals were received; only four of those were qualified. Attached are the bid summaries and comparisons. Based on the evaluations of the qualified proposals, conversations with the contractors, internal discussions with the Internal Services, Events Center and Finance Directors, staff is recommending Kinley Built to perform this work. Proposal: To consider authorizing the Mayor to sign the contract with Kinley Built for design and construction services for the Events Center Storage Building. Advantages: This new building will provide: • More capacity for storing materials and equipment for the various events held at the complex. • Improved safety and security to that building and its contents. • More accessibility to this building with additional overhead doors. Disadvantages: • Although this new building is expensive, the design and construction is within the approved budget. • Construction will be disruptive to that Events Center staff, however, this work is strategically planned during the off-season of events to minimize the inconvenience. Action Recommended: Staff recommends Town Board approval of the contract with Kinley Built for design and construction services for the Events Center Storage Building. Finance/Resource Impact: The costs for this project is included in the 2026 Capital Improvement Project approved budget (Account # 30404000-532210). The total project budget is $479,973. Any future on-going maintenance and repairs after the 1-year warranty period will be funded through the repairs and maintenance operating budget. Level of Public Interest: There is public interest in expenditures related to the maintenance of facilities with a community benefit. Sample Motion: I move to approve/ deny adoption of Resolution 55-26. Attachments: 1. Resolution 55-26 2. Construction Contract with Kinley Built 3. Bids Summary and Comparison 4. Design and Construction Services Invitation to Bid 5. Proposal from Kinley Built 6. Proposal from TCC Corporation RESOLUTION 55-26 APPROVING A CONSTRUCTION CONTRACT WITH KINLEY BUILT FOR DESIGN AND CONSTRUCTION OF A NEW EVENTS CENTER STORAGE BUILDING WHEREAS, the Town Board wishes to enter into a construction contract referenced in the title of this resolution for a new storage building at the Events Center complex; and WHEREAS, the cost of the contract with Kinley Built is $424,350; and WHEREAS, the Board intends to authorize the Internal Services Director to sign, without additional Board action, change orders that total up to but do not exceed ten percent of the construction contract value ($42,435) within the project budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the construction contract referenced in the title of this resolution in substantially the form now before the Board. The Board authorizes the Internal Services Director to spend up to $466,785 under this contract. DATED this_____ day of ____________________, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 Agreement for Construction Contract-Page 1 of 7 CONSTRUCTION CONTRACT Events Center Storage Building 1125 Rooftop Way Estes Park, CO 80517 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 Kinley Built, LLC, a Colorado limited liability company, whose address is 351 Moraine Ave, Unit A, Estes Park, CO 80517. 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) 1 March 25, 2026 24 4. The following Special Conditions of the Contract: i.Included in this Invitation to Bid (pgs 92-93) 5. General Conditions; 6. The following Drawings and Technical Specifications: NONE i.Document Title Page(s) 7.Notice to Proceed; 8.Notice of Award; 9.Invitation to Bid; 10. Bid Proposal; 11.Email between Derek Pastor, Estes Park Project Manager and Kent Hamel, Kinley Built consisting of two pages, dated Friday, April 3, 2026; 12. Instructions to Bidders; 13. Performance Bond and Payment Bond; 14.Insurance Certificates; Attachment 2 Agreement for Construction Contract-Page 2 of 7 15. Construction Progress Schedule; and 16. 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 $424,350 DOLLARS (Four Hundred Twenty Four Thousand Three Hundred Fifty Dollars), 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 30 days from the Notice of Award (based on current lead times of equipment and materials), and must achieve Substantial Completion no later than December 31, 2026 according to the forth coming Notice to Proceed and General Conditions outlined in the Invitation to Bid. 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 $1,000 for each calendar day that the Work shall remain uncompleted from monies due or that may become due the Contractor. This sum is not a penalty but is the cost of field and office engineering, inspecting, interest on financing and liquidated damages. The parties agree that, under all of the circumstances, the daily basis and the amount set for liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for delay. The Town expends additional personnel effort in administrating the Contract or portions of it that are not completed on time, and such efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all, citizens of Estes Park incur personal inconvenience and lose confidence in their government as a result of public projects or parts of them not being completed on time, and the impact and damages, certainly serious in monetary as well as other terms are impossible to measure. SERVICE OF NOTICES. Notices are given if sent by registered or certified mail, postage prepaid, to the following address: TOWN OF ESTES PARK: Derek Pastor, PMP Project Manager 170 Macgregor Ave Estes Park, CO 80517 970-577-3957 CONTRACTOR: Nathan Kinley, Owner 351 Moraine Ave, Unit A Estes Park, CO 80517 970-591-2525 nathan@kinleybuilt.com INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor Agreement for Construction Contract-Page 3 of 7 obtains, at the Contractor's own expense, all required insurance as specified in the General Conditions. Such insurance must have the approval of the Town of Estes Park as to limits, form and amount. RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save harmless, and defend the Town, its officers and employees, from and in all suits, actions or claims of any character brought because of: any injuries or damage received or sustained by any person, persons or property because of operations for the Town under the Contract; the Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of materials while constructing the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, materials or process involved are specifically required by Contract; from any claims or amount arising or recovered under the "Workers' Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or environmental liability; or any failure of the Contractor to comply with any other law, ordinance, order or decree. The Town may retain so much of the money due the Contractor under the Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages have been settled. Money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that the Contractor and the Town are adequately protected by public liability and property damage insurance. The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the defense of the Town of Estes Park, its officers and employees, as additional insureds, the Contractor agrees to pay for the cost of that defense. Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs resulting from its performance or nonperformance under the Contract. STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as an independent contractor and not as an agent or employee of the Town. No employee or official of the Town will supervise the Contractor nor will the Contractor exercise supervision over any employee or official of the Town. The Contractor shall not represent that it is an employee or agent of the Town in any capacity. The Contractor and its employees are not entitled to 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. Agreement for Construction Contract-Page 4 of 7 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 _____________, 2026. (Signature pages to follow.) Agreement for Construction Contract-Page 5 of 7 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 Agreement for Construction Contract-Page 6 of 7 CONTRACTOR By: Date Title: _______________________________ State of ) ) ss: County of ) The foregoing instrument was acknowledged before me by , (Name of party signing) a member/partner/manager/limited partner/agent (select one) on behalf of (Name of limited liability company) a limited liability company, this day of , 2026. Witness my hand and official Seal. My Commission expires . Notary Public Town of Estes Park Proposal Summary Project: Events Center Metal Storage Building Date: April 2, 2026 Project Budget: Based Bid on Project Cumulative Base Bid Base Bid + Baker Builders 4 3 Buildings By Design 3 1 Kinley Built 1 2 TCC Corporation 2 1 Average Duration Average Cost Average Cost 70 days $527,534.25 $527,534.25 * Cumulative Ranking Based on Proposal Cost, Project Duration, Qualifications, and Experiences Notes/Comments: - Based in Frederick, CO, 20 yrs in business. Detailed proposal, company profile, extensive experience with PEMB construction. Proposal exclusions: bonds, insurance, automatic overhead doors, bollards - Based in Brush, CO, 22 yrs experience. Relevant similar scope and budget projects provided. No proposal exclusions - Based in Estes Park, CO, 11 yrs experience. Relevant similar scope and budget projects provided after second request. No proposal - Based in Loveland, CO, 26 yrs in business. Relevant similar scope and budget projects provided. No proposal exclusions Attachment 3 Project: Events Center Metal Storage Building Date: April 2, 2026 Bidder #1 Bidder #2 Bidder #3 Bidder #4 Bidder #5 Bidder #6 Baker Builders Buildings By Design Kinley Built Metal Building Services TCC Corporation Materials Yes Yes Yes Yes Yes Yes Yes Yes Yes No *Yes No * Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Bidder Qualification Submitted Yes Yes Yes Yes Subcontractors Data Form Submitted Yes Yes Yes Yes Construction Timeline Submitted Yes Yes Yes Yes All blank spaces completed in ink or typewritten Yes Yes Yes Yes Bid Proposal fully and properly executed when submitted Yes Yes Yes Yes No alterations in the Bid Proposal or in printed forms will be accepted unless each alteration is Yes Yes Yes Yes Bid Amount $674,838 $561,716 $424,350 $449,233 Project Duration (calendar days)90 days 60 days 70 days 60 days * Attendance at Mandatory Pre-bid was a required, bids were not considered without attendance at pre-bid meeting 1 INVITATION TO BID Events Center Metal Building Design & Installation Tuesday, March 10, 2026 1125 Rooftop Way Estes Park, CO 80517 Proposals due by Thursday, April 2, 2026 Attachment 4 2 Table of Contents INVITATION TO BID ................................................................................................................... 3 INSTRUCTIONS FOR BIDDERS ............................................................................................... 10 BIDDER'S QUALIFICATIONS AND DATA ............................................................................. 23 SUBCONTRACTORS AND RELATED DATA ........................................................................ 28 BID PROPOSAL .......................................................................................................................... 29 FEE PROPOSAL .......................................................................................................................... 33 CONSTRUCTION TIMELINE .................................................................................................... 33 CONSTRUCTION CONTRACT ................................................................................................. 34 CONSTRUCTION CONTRACT GENERAL CONDITIONS .................................................... 43 CONSTRUCTION CONTRACT SPECIAL CONDITIONS ...................................................... 92 3 INVITATION TO BID PROJECT : Events Center Metal Building design and installation SCOPE: Design and install a prefabricated metal building to be used for storage at the Town of Estes Park Events Center complex. Work in conjunction with other trades contracted and managed by the Town’s Project Manager Building Requirements: • Gable-style prefabricated metal building • 70 ft wide x 70 ft long • 24 g Standing seam roof (color TBD) o Berridge double-lock, Zee-lock panels or similar (with approval) o Roof pitch 4:12 o Eave height 16ft o No overhang • Gutters • 26 g PBR (Purlin Bearing Rib) siding (color TBD) • Doors o Garage Door (qty 2) Roll-up, no windows 12 ft wide x 14 ft tall Motorized Steel back insulated Locations TBD o Passage Door (qty 2) 3070 hollow-metal door and frame Lockable door handle Locations TBD • Insulation o Roof – R19 o Siding – R13 Deliverables • To be provided by metal building manufacturer: o Engineered, stamped drawings of metal structure o Engineered, stamped drawings of concrete foundation o Manufacture, delivery and installation of metal building 4 • To be coordinated by the Town’s Project Manager o Electrical and Plumbing Engineered, stamped drawings o All permits related to project o Demo of existing structure o Site work and installation of concrete foundation (if not provided by contractor) o Electrical and plumbing work, fixture installation General Conditions (Division 01): • The Contractor will be responsible for the following: o Mobilization of equipment and personnel o Provide, Performance, Labor/Materials Bonds, proof of insurance o Permits obtained by others; coordinate inspections as required, and address any corrective actions noted o Construction/Site Management (including safe working conditions) o Administrative duties o Warranty of materials and workmanship for one (1) year o Final site clean o Timely communications and status updates throughout the duration of the project o Overhead and Profit o Provide final ‘As-Built’ plans at conclusion of project o Utilities locating prior to beginning the project o All work to be performed in accordance with current local, state, and federal codes Terms of Contract The contract term resulting from this Invitation to Bid shall be based on the anticipated lead time of materials, construction timeline/schedule provided by the contractor (See Section 8 - Construction Timeline), plus an acceptable number of contingency days to allow for unexpected situations or delays. The Town of Estes Park (TOEP) will generate the Construction Contract in accordance with TOEP policy (See Section 9 - Construction Contract). 5 Funding / Permits This project will be funded as part of the 2026 Capital Improvement Program by TOEP’s. The total allocated funding for all aspects of construction of this project is $450,000. If a Proposer believes the scope of work outlined is greater than the budgeted amount, the proposal for the outlined work (and any additionally requested add/alts) should still be submitted. The Town will use this information to determine if the scope of work needs to be modified or if additional funding needs to be allocated. Any permits required will be the responsibility of the Town to obtain. Any permit-related inspections, coordination or corrective actions will be the responsibility of the contractor. Construction Duration The Town is estimating the construction portion of this project to last 60 calendar days. This duration is from the first day of actual site work through substantial completion. Submittals, approvals, requests for information, materials lead times are not included in this project duration. Proposers are required to submit a Gantt chart (or equivalent) demonstrating the projected timeline, phasing and sequencing of the work, in addition to completing the Construction Timeline in this Invitation to Bid. The Projects anticipated start date, end date, and duration will be based on Construction Timeline submitted by the winning bidder. These dates will be reflected in the Construction Contract. If a Proposer believes the scope of work outlined will extend beyond the expected duration, the proposal for the outlined work should still be submitted. The Town will use this information for planning purposes, to determine if the scope of work needs to be modified, or if expectations and internal accommodations need to be adjusted. The Town of Estes Park, Colorado will receive sealed Bids for Events Center Metal Building design and installation until Thursday, April 2, 2026. 6 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 the Project Manager, Derek Pastor, dpastor@estes.org Hand Delivered or Late bids will not be accepted or considered. The Bidding Documents are available on www.rockymountainbidsystem.com as well as on the Town’s website at www.estes.org/rfp. Interested bidders are responsible for verifying receipt of all applicable documentation, including any associated addenda. The Town of Estes Park cannot guarantee accurate information obtained from sources other than BidNet. SCHEDULE OF ACTIVITES: (subject to change) Invitation to Bid (ITB) Available Tuesday, March 10, 2026 Tuesday, March 10, 2026 Pre-Bid Conference (1:00 PM MT) Tuesday, March 17, 2026 Tuesday, March 17, 2026 Deadline for Questions (5:00PM MT) Tuesday, March 24, 2026 Tuesday, March 24, 2026 Final Addenda Issued Thursday, March 26, 2026 Thursday, March 26, 2026 Bid Opening (11:00AM MT) Thursday, April 2, 2026 Thursday, April 2, 2026 Bid Evaluations & Contract Preparation (Notices of Award/Declination) Friday, April 3, 2026 Monday, May 11, 2026 applicable) Thursday, May 14, 2026 Thursday, May 21, 2026 A Mandatory PRE-BID CONFERENCE will be held IN-PERSON on-site at 1:00 p.m. (MT) on Tuesday, March 17, 2026. 1125 Rooftop Way Estes Park, CO 80517 (see map below for meeting location) 7 This will allow all interested parties the opportunity to see all existing conditions, ask any clarifying questions regarding the proposed scope of work, and gain a better comprehensive understanding of the desired outcome of this project. 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. 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 p.m. Tuesday, March 24, 2026. Offerors are reminded that any changes to the Invitation to Bid will be by written addenda only and nothing stated verbally shall change or qualify in any way any of the provisions in the Invitation to Bid and shall not be binding on the TOEP. Bids will be opened and publicly read aloud during a VIRTUAL Bid Opening meeting at 11:00 a.m. (MT) on Thursday, April 2, 2026. The Town will use the Google Meet conferencing platform (unless modified by Addendum). Bidders can join the meeting via video call or phone call: Video call link: https://meet.google.com/kid-idkq-zge Or dial: 720-500-3699 PIN: 314 146 390# 8 The successful Bidder shall provide the Town with a Certificate of Insurance naming the Town of Estes Park as an additional insured for all policies required in the General and Special Conditions, a Statement of Liability and Indemnity, and with proof of Workers' Compensation coverage. If awarded the Bid, a Performance Bond and a Labor and Material Payment Bond are required within ten days of the date the written Notice of Award, each for the total amount of the Contract Price. No Bidder may withdraw a Bid for a period of thirty days after the date fixed for opening the Bids. The Town of Estes Park reserves the right to cancel this Invitation to Bid; reject any Bid, in whole or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Bids received, when it is in the Town's best interest to do so. 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, PMP Project Manager Town of Estes Park 9 Internal Services Department 170 MacGregor Ave Estes Park, CO 80517 970-577-3957 dpastor@estes.org 10 INSTRUCTIONS FOR BIDDERS SUBMISSION OF BIDS Attendance at the mandatory pre-bid meeting and the following documents are required to be submitted for a proposal to be considered: • Bidder Qualifications and Data Form • Subcontractors and Related Data Form • Bid Proposal Form • Fee Proposal (itemized, detailed cost proposal including all labor, materials, general conditions, overhead/profit, inclusions/exclusions, etc..) • Construction Timeline or Gannt Chart Sealed Bids will be received by the means listed in the Invitation to Bid (BidNet, e-mail, and hand delivery). Timely delivery of Bids is the Bidder's responsibility and Bids received after the time and date indicated in the Invitation to Bid will not be accepted. Hand delivered, late oral, telephone or fax Bids are invalid and will not receive consideration. On occasion, an exception to this procedure may be made. The Project Manager may make an exception under extreme circumstances, in the Manager's sole discretion. No Bid alterations or interlineations will be permitted, unless made before submission and initialed and dated. If initialed, the Town may require the Bidder to identify the alteration so initialed. In the Case of No Bid, please return your Bidding Documents indicating No Bid on the form and on the outside of the return envelope. 11 BIDDING DOCUMENTS The following documents constitute the Bidding Documents for this project: 1. Invitation to Bid 2. Instructions for Bidders 3. Bidder’s Qualifications and Data 4. Subcontractors and Related Data 5. Bid Proposal 6. Fee Proposal 7. Specifications (if any) 8. Drawings (if any) 9. Construction Contract Template 10. General Conditions 11. Special Conditions (if any) 12. Addenda (if any) The Bidder will download the Bidding Documents as directed in the Invitation to Bid. All forms associated with, bound with, or attached to the Bidding Documents are a necessary part thereof and must not be detached. The Bidding Documents will state the location and description of the proposed Work and will show the estimate of the various quantities of work to be performed and materials to be furnished, the time in which the work must be completed, the amount of the Bid Guarantee (which must accompany the Bid) and the date and time of the opening of the Bids. It will also state any special provisions or requirements, which vary from or are not contained in the General Conditions. 12 ADDITIONAL BID DETAILS Persons Submitting Bids: Each Bid must contain the full name(s) and U.S. Postal Service mailing address of the Bidder(s), and any person signing any Bid as agent of another, or of a firm, must furnish legal evidence of authority to do so. A person who submits a Bid and affixes "President," "Secretary," "Agent," or other designation to his or her signature, without disclosing the principal, may be personally held to the Bid. The Town will not consider more than one Bid from an individual, firm, partnership, or corporation under the same or different names. Evidence that any Bidder is interested in more than one Bid for the same work will be cause for rejection of all such Bids. Collusion between the Bidders will be considered sufficient cause for the rejection of all affected Bids. A party quoting prices to a Bidder is not thereby disqualified from quoting prices to other Bidders or from submitting a direct Bid on the Bidder's own behalf. Bid Pricing: All prices shall be stated in words and numbers except where the forms provide for numbers only. Use of the provided bid schedule in MS Excel spreadsheet format is acceptable. Unit Price Bid Schedule: When the Town requests Unit Prices, the Bidder shall fully complete the schedule of unit prices included in the bid schedule. When the Town includes an additional amount on the bid schedule for minor contract revisions and the Town has estimated bid quantities on the schedule. Bidders shall include that add amount in the total Bid price. The total of all the unit prices bid multiplied by the estimated quantity of each item shall be the total Bid price. The Town will pay for the final measured, used, or delivered quantities at unit prices in the Bid. 13 Discrepancies: In the event of a difference between extended price and unit price of the bid schedule, the unit price governs. Modifications: Modifications to Bids already submitted will be allowed if received prior to the time specified in the Invitation to Bid. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised Bids. The modifications shall be submitted via BidNet or in writing and shall be signed in the same manner and by the same person(s) who signed the Proposal. Withdrawal of Proposal: A Bidder may withdraw a Bid at any time prior to the time Bids are to be opened, via BidNet or by written request of the Bidder. Any such request shall be signed in the same manner as, and by the same person(s) who signed the Bid Proposal. Alternate Bids: Whenever Alternate Bids are called for specifying the use of several different classes of materials or types of improvements for the same work, all Bidders are requested to submit prices for use of each of the several classes of materials or types of improvements as specified. The material to be used or the type of improvement to be adopted will be selected by the Town after the Bids have been opened and read. Unless otherwise specifically provided in the specifications for the improvement, Bids shall be made upon each and every item shown on the blank Bid Schedule. Variation in Estimated Quantities: The Contractor must reasonably expect a variation in the estimated quantities from the actual quantities and no claims will be allowed for anticipated profits, for loss of profits or for damage of any sort because of a difference between the estimate of any item and the amount of the item actually required. The Town reserves the right to eliminate items from the Bid Schedule when the Town deems it in its best interest. Cost of Bid Preparation: The total cost of bid preparation and submission shall be assumed by the Contractor. 14 Taxes: The Town of Estes Park is exempt from paying sales or use taxes. Materials and equipment purchased solely for Town projects, that will become a permanent part of the final project, are tax exempt. The Town will furnish its tax exempt number, in lieu of requiring the Contractor and subcontractors to obtain their own certificates of exemption from the Colorado State Department of Revenue. Contractors and all subcontractors purchasing materials tax exempt must disclose the nature of the Town's project, the Town’s purchase order, and then provide the Town's tax exempt number to the supplier. FAMILIARIZATION WITH THE WORK AND SITE CONDITIONS Before submitting Bids, prospective Bidders shall familiarize themselves with the work, the site where the work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the work. Bidders shall carefully correlate their observations with requirements of the Contract and otherwise satisfy themselves as to the expense and difficulties attending performance of the work. The submission of a Bid constitutes a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. Site Conditions: Bidders shall visit the site of the work and completely inform themselves relative to construction hazards and procedures, the availability of lands, the character and quantity of surface and sub-surface materials, and utilities to be encountered, the arrangement and condition of existing structures and facilities, the procedures necessary for maintenance of uninterrupted operation of existing sewers and other utilities, the character of construction equipment and facilities needed for performance of the work, and facilities for transportation, handling, and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of Bids. 15 REQUESTS FOR EXPLANATION Bidders should immediately notify the Town of any discrepancies in or omissions from the Drawings or Specifications, so that the Project Manager can publish an Addendum in response. Any Bidder may submit a written request for explanation or correction of any part of the Bidding or Contract Documents, as directed in the Invitation to Bid. Questions and points of clarification are requested to be submitted via BidNet or email when possible. The deadline for submitting such requests is detailed in the Invitation to Bid and/or Special Conditions. The Project Manager will also field phone calls, but written communication is preferred. Oral explanations and interpretations made prior to the Bid Opening will not be binding. ADDENDA Any explanations or corrections to the Bidding Documents shall be furnished to all Bidders as Addenda via BidNet and the Town’s website. Final Addenda issuance shall be as directed in the Invitation to Bid and/or the Special Conditions. All Bidders shall acknowledge receipt of Addenda in the Bid Proposal form. If there is to be a postponed Bid Opening, this will be communicated on BidNet as an Addendum (and an automatically generated notification will be sent to all who downloaded the original Bidding Documents). BONDS Bonds shall be executed on a form acceptable to the Town, as specified in the General Conditions, by a corporate bonding company licensed to do business in the State of Colorado and acceptable as Surety to the Town. The forms must be countersigned by the Colorado agent. A "Power of Attorney" authorizing the attorney-in-fact to bind the Surety company and certified to include the date of the bond shall accompany the bond. 16 The Performance Bond and Labor and Material Payment Bond must remain in full force and effect during the entire period of the guarantee. The successful Bidder shall give a Performance Bond equal to the amount of the Contract Price. The Performance Bond shall guarantee: (a) the faithful performance and completion of the work in strict accordance with the terms of the Contract, and each and every covenant, condition and part thereof, according to the true intent and meaning of the Contract Documents, as defined in the Contract and (b) the repair or replacement where required, or the cost thereof, for a period of two years after the issuance of the Notice of Construction Acceptance or until all warranty work is completed, whichever occurs last, of all work performed under the Contract. A separate Labor and Material Payment Bond equal to the amount of the Contract Price is required to ensure the payments of laborers, materialmen, suppliers, and subcontractors in connection with the work performed under the Contract and to satisfy the requirements of §38- 26-105 and 38-26-106, C.R.S., as amended. The Town of Estes Park reserves the right to waive bond requirements if permitted by statute. In the event the Performance or Labor and Material Payment Bonds are waived, cost of the bonds shall be reflected as a deduction from the total Bid Price, when so indicated on the Bid Form. There will be a Unit Price deduction for the waiver indicated on the Bid Schedule, when necessary. OPENING OF BIDS The sealed Bids will be opened publicly and read aloud at the time, date, and place set in the Invitation to Bid. Bids received after the time specified in the Invitation to Bid shall be returned unopened. Bid openings will be public and all Bidders are welcome to attend. Bidders or their authorized agents are invited to be present and examine any Bid after opening. 17 EXAMINATION OF BIDS All Bids submitted shall be made available for examination by interested parties within a reasonable time following the Bid Opening. All information in the submitted Bid will be available for public scrutiny, unless the Bidder specifically requests confidential treatment of some or all of its commercial data. Requests for confidentiality shall be in writing, and the portions of the commercial data for which confidentiality is requested shall be clearly identified. Procurement information shall be a public record to the extent provided by Article 24.72, C.R.S., as amended, and shall be available to the public as provided in the statute. The Final Bid Price and the means by which that price was determined are not commercial data and may not be included in any request for confidentiality. EVALUATION OF BIDS Town Discretion: The Town reserves the right to cancel the Invitation to Bid; reject any Bid, in whole or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Bids received; when it is in the Town's best interest to do so. The Town of Estes Park reserves the right to accept the Bid which in the opinion of the Town will best suit the Town's purpose. Contracts will be awarded only to responsible Bidders capable of performing the class of work contemplated. The Bidder shall furnish a complete statement of the Bidder's experience and of the amount of capital and equipment available for the proposed work on the Bidder's Qualification and Data form. Irregular Bids: Bids may be rejected if they show any omission, alteration of form, additions not called for, conditional Alternate Bids, or irregularities of any kind which, in the opinion of 18 the Town, tend to make the Bid indefinite or ambiguous. The Town will reject bid schedules with prices which are obviously unbalanced, in the Town’s determination. Collusion: Bids will be rejected if there is reason for believing that collusion exists among the Bidders. Participants in such collusion are subject to suspension and debarment. Pre-qualification of Bidders: For certain projects, the Town may require potential bidders to submit information regarding the bidders' qualifications in addition to the Bidder’s Qualification and Data. The requirement for such information will be identified in the Invitation to Bid or elsewhere in the Bid Documents. Any information requested by or on file with the Town may be used to qualify or disqualify potential bidders. Prior to the Award of Contract, the Town will notify the Bidder in writing if the Town, after due investigation, has reasonable objection to any person or organization on such list. If the Town, in its sole discretion, has a reasonable objection to any person or organization on such list, and refuses in writing to accept such person or organization, the Bidder shall submit an acceptable substitute Subcontractor, at no additional cost to the Town. AWARD OF CONTRACTS Any or all Bids may be rejected or informalities in bids may be waived at the option of the Town. The award of the Contract is contingent upon securing an acceptable Bid which will fall within the amount of funds available for construction of the project, or the acquisition of contracted services. Lowest Responsive and Responsible Bidder: In determining Lowest Responsive and Responsible Bidder, in addition to price, the factors listed herein will be considered. A Bid may 19 be rejected if, in the judgment of the Town, the Bidder does not comply with or meet the criteria defined in one or more of the following factors: 1. The ability, capacity and skill of the Bidder to perform the Contract or provide the services required. 2. The ability of the Bidder to perform the Contract or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience and efficiency of the Bidder, to be determined at the sole and absolute discretion of the Town. 4. The quality of performance on previous Town contracts or services. Failure on the part of any Bidder to carry out a previous contract satisfactorily shall be deemed sufficient cause for disqualification. 5. The experience of the Bidder and the availability of equipment necessary to complete the current project. Sufficient cause for disqualification of the Bidder will exist if, in the Town's opinion, the Bidder does not have adequate experience or equipment to properly perform the Work under the Contract. 6. The sufficiency of the financial resources and ability of the Bidder to perform the Contract or provide the service. 7. The quality, availability, and adaptability of the supplies or contractual services to the particular use required. 8. The ability of the Bidder to provide future maintenance and service for the use of the subject of the contract. 9. Debarment or suspension pursuant to a prior Town determination. ACCEPTANCY OF BIDS AND ITS EFFECT The Town will act upon the Bids with reasonable promptness after the opening of the Bids. The acceptance of a Bid will be a written Notice of Award signed by the duly authorized representative of the Town. No other act of the Town shall be necessary to constitute acceptance 20 of a Bid. The acceptance of a Bid binds the successful Bidder to execute the required Construction Contract and take all action necessary to fulfill the Contract. REQUIREMENTS FOLLOWING NOTICE OF AWARD The successful Bidder shall, within ten calendar days of receiving the Notice of Award, or by such time as modified by the Special Conditions, execute the Construction Contract and furnish the Performance Bond and the Material and Labor Payment Bond. Acceptance of the Contract shall be subject to approval by the Town. Unless previously requested or waived by the Project Manager, the successful Bidder shall submit the following information to the Town’s Project Manager within ten calendar days of receiving the Notice of Award: 1. A designation of the work to be performed by the Bidder with the Bidder's own forces. 2. The proprietary names and the suppliers of principal items or systems of material and equipment proposed for the work. 3. A proposed schedule of construction and estimated monthly payments. 4. The Bidder will be required to establish to the satisfaction of the Town, the reliability and responsibility of the proposed Subcontractors to furnish and perform the Work described in the Sections of the Specifications pertaining to such proposed Subcontractor's respective trade. 5. If the Contract includes federal or grant funding, the Bidder will be required to show proof of registration with SAM.gov. 6. Proof of possession of a current Town of Estes Park Business License (and any other licenses required by the Bid Documents) for the Contractor and all subcontractors). 21 DAMAGES FOR FAILURE TO EXECUTE Any Bidder whose Bid is accepted will be required to execute the Contract and furnish the Performance Bond and Material and Labor Payment Bond within ten days after written notice that the Contract has been awarded to the Bidder, or by such time as modified by Special Conditions. Failure to do so shall constitute a breach of the Contract effected by the acceptance of the Bid. The damages to the Town for such breach will include loss from interference with the construction program and other items, the monetary values of which will be difficult or impossible to quantify. Where required, the amount of the Bid Guarantee accompanying the Bid shall be retained by the Town as reasonable liquidated damages and not as a penalty for such breach. The Town is authorized, the same as if the Bid Guarantee or Bid contained an expressed stipulation to that effect, to cause such work to be done, or complete the work in-house, or contract with some other Contractor to do so, and/or compute the difference between actual cost to the Town of such improvements and the sum which it would cost if the defaulting Bidder complied with the Bid. RIGHT TO INSPECT The Town may, at reasonable times, inspect the part of the plant, place of business or worksite of the Bidder or the Bidder's subcontractors at any tier which is pertinent to the performance of the award of the Contract. BID PROCESS SUBJECT TO PURCHASING CODE Bidding shall be conducted subject to state statutes and the Town of Estes Park Municipal Code and ordinances. 22 LAWS TO BE OBEYED Bidders shall familiarize themselves with the provisions of the laws of the State of Colorado and the Federal Government, and with all local laws and all regulations made which are pertinent to the proposed work and shall comply with the same. EQUAL OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, gender identity, sexual orientation, or national origin, or other reason prohibited by applicable federal, state or local law, ordinance or regulation. The Contractor shall abide by all federal laws in effect during the Contract period which govern Equal Opportunity Employment. LOCAL LABOR AND MATERIALS Preference shall be given to employment of Colorado labor pursuant to §8-17-101 and 102, C.R.S., as amended. Pursuant to statutory authority, preference shall be given to materials, supplies, and provisions produced, manufactured, or grown in Colorado, quality being equal to articles offered by competitor outside the state (§8-18-101 through 103, C.R.S., as amended). TIME OF COMPLETION TIME IS OF THE ESSENCE and the Bidder agrees to complete the project within the stated time, as defined in the Construction Contract. The Bidder also agrees to comply with all completion dates specified in the Bidding and Contract Documents. 23 BIDDER'S QUALIFICATIONS AND DATA The signatory of this Statement guarantees the truth and accuracy of all statements and of answers to all questions herein. All questions must be answered clearly and comprehensively. If necessary, separate sheets may be attached. The Bidder may submit additional information. Failure to complete and return this Statement may render a bid non-responsive. Name of Bidding Firm: Main office address: Phone: Fax # The Bidder is organized as a (corporation/partnership/other): in the state of: Bidder's federal tax identification number (TIN): General character of work performed by your organization and brief history of operations: Does your firm have any officer, director, or agent who is also an officer or employee of the Town of Estes Park? Are there any Town of Estes Park agents or employees who own, directly or indirectly an interest in the bidder’s firm or any of its branches? Bonding Limit: $ Bonding Company: Phone # Address: The Town has a right to request financial statement(s) and other relevant information. Are you willing to submit such information at the Town’s request? Submitted by: Date: (Person submitting bid) 24 Qualifications 1. How many years have you been in business under your present firm or trade name? a. Under other names? 2. Have you or your organization, or any office or partner thereof, failed to complete a contract? a. ___Yes ___No 3. Within the last five years, has your organization been assessed liquidated damages for failing to complete a contract within the time specified? a. ___Yes ___No 4. Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five years? a. ___Yes ___No 5. Does your organization have any outstanding judgments, demands, or liens resulting from violating State Labor laws, Colorado Revised Statutes, Civil or Criminal decisions? a. ___Yes ___No 6. Have there been any suits, liens, or surety claims against you or your organization over the past five years for non-payment of sums due subcontractors or suppliers for work completed? a. ___Yes ___No 7. Has your organization been cited for violations of OSHA standards and requirements within the past five years? a. ___Yes ___No 8. Is either the Bidder or its principals presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any department or agency? a. ___Yes ___No 9. Have you ever been debarred or suspended by a government from consideration for the award of contracts? a. ___Yes ___No 25 Please explain all questions answered “yes” in the section above on a separate sheet of paper. Include where and why, if applicable. Note that your answers do not necessarily disqualify your bid. For example, it is not uncommon for contractors of large projects to be charged liquidated damages in certain cases. Firm Background and Experience Total number of employees: Total number of licensed professionals: Proposed Superintendent: Title: Relevant degrees and/or certifications: Principals List directors, officers, owners, managerial employees, or partners, and identify the ownership interest of each: 26 Experience List the experience of the principal members of your organization. If preferred, resumes may be submitted in lieu of form entry. Name: Title: Background/ Years’ Experience: Relevant degrees and/or certifications: Name: Title: Background/ Years’ Experience: Relevant degrees and/or certifications: Similar Projects List three projects of similar scope and budget to this project that your organization has performed work on: Project Name: Cost: Location: Reference Name: Phone: Project Name: Cost: Location: Reference Name: Phone: 27 Project Name: Cost: Location: Reference Name: Phone: Contract(s) on Hand List projects your organization is undertaking that will be concurrent with the Town’s bid schedule. Include the anticipated completion date. Project Name: Schedule: Cost: Location: Subcontractor or Prime: Completion Date: Project Name: Schedule: Cost: Location: Subcontractor or Prime: Completion Date: 28 SUBCONTRACTORS AND RELATED DATA For each Subcontractor to be utilized, please provide the following information (use additional sheets as necessary). Please indicate what percentage of the Work to be assigned. Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % 29 BID PROPOSAL PROJECT: Events Center Metal Building Design and Installation 1. In compliance with the Invitation to Bid, and subject to all conditions thereof, the undersigned: [Select one] a corporation incorporated in the State of -OR- a partnership or limited partnership, registered in the State of , whose general partner(s) is/are: -OR- a sole proprietor, whose trade name is _______________________________________________ based in the City/Town of , State of _____, offers this Bid Proposal for the construction of all items listed at the prices shown on the following bid schedule. (The attached bid schedule lists the various divisions of construction contemplated in the Plans and Specifications, together with an estimate of the units of each. With these units as the basis, extend each item, using the cost inserted in the unit column. Any total cost found inconsistent with the unit cost when the Bids are examined will be deemed in error and corrected to agree with the unit cost. Alternate Bids are optional). 2. The undersigned Bidder declares and stipulates that this Bid is made in good faith, without collusion or connection with any other person or persons bidding for the same Work, and that it is made subject to all the terms and conditions of the Invitation to Bid, Instructions for Bidders, Construction Contract, General Conditions, Special Conditions, the Technical 30 Specifications, and the Plans pertaining to the Work to be done, all of which have examined by the undersigned. 3. The undersigned Bidder agrees to execute the Construction Contract, a Performance Bond and a Labor and Material Payment Bond within ten calendar days from the date when the written Notice of Award is delivered at the address given on this Bid Proposal. The Performance Bond and Labor and Material Payment Bond shall each be for the amount of the total of this Bid. The name and address of the corporate surety through which the Bidder proposes to furnish the specified Bonds is as follows: (Name and Address of Surety) 4. The submission of the Bid constitutes an agreement, and it shall not be withdrawn after the Bid Opening for a period of thirty days. 5. All the various phases of work enumerated in the Contract with individual jobs and overhead, whether specifically mentioned or not, are included by implication or appurtenance in the Contract. The Contractor shall perform all the various phases of work under one of the items listed in the bid schedule, irrespective of whether it is named in the schedule. 7. Payment for the Work performed will be according to the bid schedule, subject to changes as provided in the Contract. 8. The undersigned Bidder hereby acknowledges receipt of addenda numbers ___ through ___. ________________ Initials 31 The undersigned, being familiar with the existing conditions on the project area affecting the cost of the Work, the Bidding Documents and the Contract Documents, and having verified the quantities and the availability of materials and labor, hereby proposes to furnish all supervision, labor, materials, machinery, tools, appurtenances, equipment, supplies, and services, including utility and transportation service required to construct and complete the Project listed above, according to the Contract, within the time specified, and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Contract of which this Bid is a part. (The approximate quantities of Work to be completed in-place under the Contract are identified in the bid schedule and are for the purpose of comparing Bids. These quantities have been estimated and the quantities used are for the general information of the Bidder, representing the major items of the Work to be done. Minor details are not listed but shall be part of the complete Contract). 9. The undersigned agrees to hold firm the Bid for thirty days for the purpose of the Town reviewing the Bids and investigating the qualifications of the Bidders prior to award of Contract. Extensions of time may be made if mutually agreed upon. 10. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Town of Estes Park in verification of the recitals in this statement. 32 This proposal is submitted by: _________________________________________ Company Representative By: Date Title: STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2026, by ______________________________, as _____________________________ of ______________________________. (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 . Notary Public 33 FEE PROPOSAL Project Name: Contractor Name: Contractor Point of Contact: Phone #: Email: Contractor is required to provide a cost proposal with a list of materials, equipment, supplies and labor required to complete the scope of work (Include general conditions, O&P, etc, if not added into costs). Contractor is to provide any exclusions from the identified Building Requirements, Deliverables, or General Conditions outlined on pages 3 and 4. Also, the contractor should identify any additional services that are included, if not identified on pages 3 or 4. CONSTRUCTION TIMELINE # of days from contract execution to start of design: Anticipated duration of completed permit set: Materials/Equipment with longest lead time: Estimated lead time on materials with longest lead time (days): # of days from permit approval to start of project mobilization: # of days from project start to substantial completion: Contractor must submit a Gannt chart or equivalent construction schedule timeline based on an estimated Notice to Proceed date of Wednesday, May 13, 2026. 34 CONSTRUCTION CONTRACT (to be finalized upon contractor award notification) Events Center Metal Building Design and Installation 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 Name, a Type of Corporation, whose address is Address, City, State, Postal Code. 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. Included in this Invitation to Bid (pg XX) 35 5. General Conditions; 6. The following Drawings and Technical Specifications: i. Document Title Page(s) 7. Notice to Proceed; 8. Notice of Award; 9. Invitation to Bid 10. Bid Bond; 11. Bid Proposal; 12. Instructions to Bidders; 13. Performance Bond and Payment Bond; 14. Insurance Certificates; 15. Construction Progress Schedule; and 16. 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 XXX DOLLARS (Contract Price spelled out), 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 30 days from the Notice of Award ( based on current lead times of equipment and materials), and must achieve Substantial Completion within 60 days from and including the date of Notice to Proceed, according to the General 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 $XXX for each calendar day that the Work shall remain uncompleted from monies due or that 36 may become due the Contractor. This sum is not a penalty but is the cost of field and office engineering, inspecting, interest on financing and liquidated damages. The parties agree that, under all of the circumstances, the daily basis and the amount set for liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for delay. The Town expends additional personnel effort in administrating the Contract or portions of it that are not completed on time, and such efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all, citizens of Estes Park incur personal inconvenience and lose confidence in their government as a result of public projects or parts of them not being completed on time, and the impact and damages, certainly serious in monetary as well as other terms are impossible to measure. SERVICE OF NOTICES. Notices are given if sent by registered or certified mail, postage prepaid, to the following address: TOWN OF ESTES PARK: Derek Pastor, PMP Project Manager 170 Macgregor Ave Estes Park, CO 80517 970-577-3957 dpastor@estes.org CONTRACTOR: Enter name, title & address of contractor 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 37 claims of any character brought because of: any injuries or damage received or sustained by any person, persons or property because of operations for the Town under the Contract; the Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of materials while constructing the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, materials or process involved are specifically required by Contract; from any claims or amount arising or recovered under the "Workers' Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or environmental liability; or any failure of the Contractor to comply with any other law, ordinance, order or decree. The Town may retain so much of the money due the Contractor under the Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages have been settled. Money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that the Contractor and the Town are adequately protected by public liability and property damage insurance. The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the defense of the Town of Estes Park, its officers and employees, as additional insureds, the Contractor agrees to pay for the cost of that defense. Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs resulting from its performance or nonperformance under the Contract. STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as an independent contractor and not as an agent or employee of the Town. No employee or official of the Town will supervise the Contractor nor will the Contractor exercise supervision over any employee or official of the Town. The Contractor shall not represent that it is an employee or agent of the Town in any capacity. The Contractor and its employees are not entitled to 38 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 _____________, 2026. (Signature pages to follow.) 39 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 APPROVED AS TO FORM: Town Attorney 40 CONTRACTOR By: Date Title: _______________________________ (Select the appropriate jurat statement from the choices below) [IF CONDUCTING BUSINESS WITH A CORPORATION, USE THIS JURAT FORM BY PRESSING DELETE TO DELETE THIS PROMPT AND THEN F11 TO CONTINUE. 41 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 , 2026. Witness my hand and official Seal. My Commission expires . Notary Public 42 [IF CONDUCTING BUSINESS WITH A LIMITED LIABILITY COMPANY (LLC), USE THIS JUTAT FORM BY PRESSING DELETE TO DELETE THIS PROMPT AND THEN F11 TO CONTINUE. State of ) ) ss: County of ) The foregoing instrument was acknowledged before me by , (Name of party signing) a member/partner/manager/limited partner/agent (select one) on behalf of (Name of limited liability company) a limited liability company, this day of , 2026. Witness my hand and official Seal. My Commission expires . Notary Public 43 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. 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. 44 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. 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. 45 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. 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. 46 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. 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 47 WW-P Federal Specifications Prefix 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 48 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. 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. 49 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 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 50 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. 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 51 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 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. 52 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. 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 53 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. 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. 54 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. 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. 55 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: 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 56 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. 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, 57 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 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 58 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. 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 59 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. 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 60 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 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 61 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. 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. 62 7.7.2 The Contractor shall obtain all other permits and licenses required in the prosecution of the Work. 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. 63 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. 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 64 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, 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 65 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. 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. 66 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. 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. 67 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. 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: 68 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 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. 69 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. 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. 70 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. 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. 71 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. 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 72 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 - 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 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. 73 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 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 74 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. 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: 75 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. 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. 76 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. 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. 11.5 Extras and Force Account Work 77 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 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 78 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. 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. 79 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. 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. 80 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. 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 81 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. 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 82 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. 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 83 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. 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. 84 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 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 85 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. 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 14.4.6.8 Reasonable evidence that the Work will not be completed within the Contract Time 86 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 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 87 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. 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 88 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 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 89 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. 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. 90 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. 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. 91 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. 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. 92 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. 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 93 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. Attachment 5 Attachment 6 24 Qualifications 1. How many years have you been in business under your present firm or trade name? a. Under other names? 2. Have you or your organization, or any office or partner thereof, failed to complete a contract? a.___Yes ___No 3. Within the last five years, has your organization been assessed liquidated damages for failing to complete a contract within the time specified? a.___Yes ___No 4.Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five years? a.___Yes ___No 5. Does your organization have any outstanding judgments, demands, or liens resulting from violating State Labor laws, Colorado Revised Statutes, Civil or Criminal decisions? a.___Yes ___No 6. Have there been any suits, liens, or surety claims against you or your organization over the past five years for non-payment of sums due subcontractors or suppliers for work completed? a.___Yes ___No 7. Has your organization been cited for violations of OSHA standards and requirements within the past five years? a.___Yes ___No 8. Is either the Bidder or its principals presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any department or agency? a.___Yes ___No 9. Have you ever been debarred or suspended by a government from consideration for the award of contracts? a.___Yes ___No 16 yrs 26 yrs 25 Please explain all questions answered “yes” in the section above on a separate sheet of paper. Include where and why, if applicable. Note that your answers do not necessarily disqualify your bid. For example, it is not uncommon for contractors of large projects to be charged liquidated damages in certain cases. Firm Background and Experience Total number of employees: Total number of licensed professionals: Proposed Superintendent: Title: Relevant degrees and/or certifications: Principals List directors, officers, owners, managerial employees, or partners, and identify the ownership interest of each: Ernie Crownover, President Brian Crownove, Vice-President 17 (2), Ernie Crownover & Brian Crownover Clayton Little Superintendent See Attachment A. Jordan Cardenas 26 Experience List the experience of the principal members of your organization. If preferred, resumes may be submitted in lieu of form entry. Name: Title: Background/ Years’ Experience: Relevant degrees and/or certifications: Name: Title: Background/ Years’ Experience: Relevant degrees and/or certifications: Similar Projects List three projects of similar scope and budget to this project that your organization has performed work on: Project Name: Cost: Location: Reference Name: Phone: Project Name: Cost: Location: Reference Name: Phone: Dacono Grader Shed, 60'x78' metal building, sitework, generator, fuel island. $1,296,831.00 WCR 17 & WCR 10, Dacono Keenesburg Grader Shed, 60'x78' metal building, sitework, generator, fuel island. $1,296,684.00 3116 CR 6, Keenesburg Alex Engelbert, Weld County 970.381.8974 Alex Engelbert, Weld County 970.381.8974 See Attachment A. 27 Project Name: Cost: Location: Reference Name: Phone: Contract(s) on Hand List projects your organization is undertaking that will be concurrent with the Town’s bid schedule. Include the anticipated completion date. Project Name: Schedule: Cost: Location: Subcontractor or Prime: Completion Date: Project Name: Schedule: Cost: Location: Subcontractor or Prime: Completion Date: Stoneham Grader Shed, 52'x60' metal building, sitework, generator, fuel island $1,028,512.00 41684 Mable Ave, Stoneham Alex Engelbert, Weld County 970.381.8974 See Attachment B. 28 SUBCONTRACTORS AND RELATED DATA For each Subcontractor to be utilized, please provide the following information (use additional sheets as necessary). Please indicate what percentage of the Work to be assigned. Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % B & C Steel P.O. Box 1099, Scottsbluff, NE 69363 Supply pre-engineered metal building ESAU Steel Core Construction 419 Security Blvd, Colorado Springs, CO 80911 Erect pre-engineered metal building Bay Insulation Systems 14200 E 33rd Place, Suite B, Aurora, CO 80011 Provide roof/wall insulaiton for metal building. Raynor Door Authority 5160 Havana St., Unit G, Denver, CO 80239 Provide & install overhead door. McBride Structural Design 3713 Rochdale Dr., Ft. Collins, CO 80525 Structural engineer, design concrete for building & drawings. 1.5% 18% 10% 2% 2.4% 28 SUBCONTRACTORS AND RELATED DATA For each Subcontractor to be utilized, please provide the following information (use additional sheets as necessary). Please indicate what percentage of the Work to be assigned. Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Action Civil Engineering, LLC 9777 Pyramid Ct. Ste. 150, Englewood, CO 80112 Civil Enginner, design grading, drainage and erosion control. 2.07% 29 BID PROPOSAL PROJECT: Events Center Metal Building Design and Installation 1. In compliance with the Invitation to Bid, and subject to all conditions thereof, the undersigned: [Select one] a corporation incorporated in the State of -OR- a partnership or limited partnership, registered in the State of , whose general partner(s) is/are: -OR- a sole proprietor, whose trade name is _______________________________________________ based in the City/Town of , State of _____, offers this Bid Proposal for the construction of all items listed at the prices shown on the following bid schedule. (The attached bid schedule lists the various divisions of construction contemplated in the Plans and Specifications, together with an estimate of the units of each. With these units as the basis, extend each item, using the cost inserted in the unit column. Any total cost found inconsistent with the unit cost when the Bids are examined will be deemed in error and corrected to agree with the unit cost. Alternate Bids are optional). 2. The undersigned Bidder declares and stipulates that this Bid is made in good faith, without collusion or connection with any other person or persons bidding for the same Work, and that it is made subject to all the terms and conditions of the Invitation to Bid, Instructions for Bidders, Construction Contract, General Conditions, Special Conditions, the Technical Colorado NA NA 31 The undersigned, being familiar with the existing conditions on the project area affecting the cost of the Work, the Bidding Documents and the Contract Documents, and having verified the quantities and the availability of materials and labor, hereby proposes to furnish all supervision, labor, materials, machinery, tools, appurtenances, equipment, supplies, and services, including utility and transportation service required to construct and complete the Project listed above, according to the Contract, within the time specified, and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Contract of which this Bid is a part. (The approximate quantities of Work to be completed in-place under the Contract are identified in the bid schedule and are for the purpose of comparing Bids. These quantities have been estimated and the quantities used are for the general information of the Bidder, representing the major items of the Work to be done. Minor details are not listed but shall be part of the complete Contract). 9. The undersigned agrees to hold firm the Bid for thirty days for the purpose of the Town reviewing the Bids and investigating the qualifications of the Bidders prior to award of Contract. Extensions of time may be made if mutually agreed upon. 10. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Town of Estes Park in verification of the recitals in this statement. 33 FEE PROPOSAL Project Name: Contractor Name: Contractor Point of Contact: Phone #: Email: Contractor is required to provide a cost proposal with a list of materials, equipment, supplies and labor required to complete the scope of work (Include general conditions, O&P, etc, if not added into costs). Contractor is to provide any exclusions from the identified Building Requirements, Deliverables, or General Conditions outlined on pages 3 and 4. Also, the contractor should identify any additional services that are included, if not identified on pages 3 or 4. CONSTRUCTION TIMELINE # of days from contract execution to start of design: Anticipated duration of completed permit set: Materials/Equipment with longest lead time: Estimated lead time on materials with longest lead time (days): # of days from permit approval to start of project mobilization: # of days from project start to substantial completion: Contractor must submit a Gannt chart or equivalent construction schedule timeline based on an estimated Notice to Proceed date of Wednesday, May 13, 2026. Event Center Storage Building TCC Corporation Brian Crownover 970.371.8404 bcrownover@tcccorp.net 8 weeks Pre-engineered metal building 12-14 wks 60 days October 1, 2026-start date 1 day President / Construction Executive Ernie Crownover PROFESSIONAL SUMMARY Ernie is an owner and senior executive of TCC Corporation with more than 30 years of experience in construction management, leading complex commercial and public-sector projects. As a long-standing leader of the firm, Ernie has played a critical role in shaping TCC’s culture, values, and reputation for quality, integrity, and dependability. In his role as Owner, Ernie provides strategic leadership and oversight across all phases of construction, from early planning and preconstruction through project execution and closeout. His extensive field and management experience enable him to guide project teams effectively, ensure alignment with client goals, and maintain a high standard of workmanship and service. Ernie is known for building strong teams, fostering long-term client relationships, and consistently delivering projects that meet or exceed expectations. EDUCATION & COMMUNITY Valparaiso University, Valparaiso, IN Leadership Detail-Oriented Mentorship Risk Management Calm & Decisive Accountability SKILLS CERTIFICATIONS Licensed Class A and B General Contractor Multi-State Contractor Registration (CO, AZ, CA, KS, NE, WY) CDOT Qualified Bidder Municipal and County Contractor Registrations Across Colorado Greeley Hyundai Dealership - $6.2M - Greeley, CO Fort Collins Kia Dealership – $15M – Fort Collins, CO Ford Pro Elite Service Center – $17M – Loveland, CO PROJECT EXPERIENCE Fort Collins Nissan Dealership – $22M – Fort Collins, CO Loveland Ford Dealership - $15M - Loveland, CO John Elway Canopies - $1.3M - Greeley, CO 970-371-8397 ecrownover@tcccorp.net 6820 Powell Street, Loveland, CO 80538 PRINCIPAL RESPONSIBILITES Provides executive and operational oversight across all company operations to ensure alignment with client expectations, contract requirements, quality standards, and company objectives. Oversees financial performance, cost controls, cash flow, and profitability across all projects and company operations. Leads owner and client relationships, including executive-level meetings, issue resolution, and long-term partnership development. Oversees subcontractor performance, manpower planning, and resolution of operational issues impacting project execution. Directs risk analysis and mitigation efforts, including contractual, legal, and liability matters. Reviews overall performance of construction operations, including schedule adherence, safety compliance, administrative controls, and financial outcomes. Reviews, approves, and enforces critical project documentation to ensure consistency, compliance, and risk management. Supports Project Managers and Superintendents in resolving complex project challenges and maintaining performance standards. Maintains executive-level oversight through periodic field reviews, progress evaluations, and operational assessments. Establishes and monitors companywide safety programs and compliance with OSHA regulations and internal policies. Manages companywide documentation, reporting standards, and operational processes. Directs the strategic growth and development of TCC Corporation, establishing long-term business objectives and initiatives. Sets overall company direction, vision, and strategic priorities to support sustainable growth and operational excellence. REFERENCES Brody Hansen — President of Clearwater — 970-397-1032 Mike Charley — Executive Director, Business Development — 303-324-9318 Joe Cleveland — Project Manager — 419-466-5266 Jake Pierson — Owner, Pierson Concrete — 970-221-1509 Weld County Airport Board Member - 15 Years Vice President / Senior Project Manager Brian Crownover PROFESSIONAL SUMMARY Brian Crownover is a senior executive leader at TCC Corporation with nearly two decades of experience delivering complex commercial and public-sector construction projects. Having been with TCC since 2007, Brian began his career as a Superintendent and advanced into Project Management and executive leadership, bringing deep field experience and operational insight to every project. As a co-owner of TCC Corporation, he provides strategic oversight across all phases of construction, from preconstruction planning through final closeout. His background in architecture and construction allows him to bridge design intent with constructability, driving efficient execution, cost control, and schedule reliability. Brian is known for his disciplined approach to safety, precision, and quality, and for building trusted relationships with owners, architects, engineers, and subcontractors to consistently deliver successful project outcomes. EDUCATION University of Colorado - Boulder, CO Leadership Detail-Oriented Communication Critical Thinking Calm & Decisive Organization SKILLS CERTIFICATIONS Completed OSHA 30 Hour Construction Safety training along with Colorado Safety Association coursework, including scaffold safety, suspended access and rigging, and construction site supervision. Certified as a CDOT Transportation Erosion Control Supervisor (TECS). Fort Collins Kia Dealership – $15M – Fort Collins, CO Fort Collins Nissan Dealership – $22M – Fort Collins, CO Ford Pro Elite Service Center – $17M – Loveland, CO PROJECT EXPERIENCE Chase Building Renovation – $6M – Greeley, CO Weld County Briggsdale Grader Shed – $1.7M – Briggsdale, CO Weld County Jail Booking Renovation – $2.5M – Greeley, CO 970-371-8404 bcrownover@tcccorp.net 6820 Powell Street, Loveland, CO 80538 REFERENCES Will Hopkins - Senior PM - Weld County Facilities Department - 970-227-7588 Jay Weibel - Dealership Owner - 970-215-1574 Todd Maul - Elway Dealer Owner - 970-875-9069 Alex Englebert - PM - WeldWeld County Facilities Department - 970-381-8957 PRINCIPAL RESPONSIBILITES Provides executive oversight across multiple projects to ensure alignment with owner expectations, contract requirements, quality standards, and company objectives Directs all phases of the project lifecycle, including preconstruction strategy, constructability reviews, procurement, construction execution, and closeout Oversees project budgets, cost forecasting, and financial controls to protect profitability and ensure accurate reporting at all stages Reviews, approves, and enforces master project schedules, milestone planning, and recovery strategies to maintain schedule compliance Leads change management efforts, including scope evaluation, pricing development, risk assessment, negotiation, and resolution with owners and stakeholders Serves as a primary executive point of contact for owners, architects, engineers, inspectors, and key project partners Provides leadership, mentorship, and accountability for project managers and superintendents to ensure consistent execution, quality, and performance standards Maintains executive-level field oversight through regular site visits, progress reviews, and performance evaluations Establishes, enforces, and monitors safety programs and compliance with company policies, OSHA regulations, and project-specific requirements Supports business development and preconstruction pursuits by providing strategic input, project planning expertise, and risk evaluation Superintendent / Project Manager Jordan Cardenas PROFESSIONAL SUMMARY Jordan Cardenas is a versatile construction professional at TCC Corporation with experience spanning both project management and field supervision. With a strong background in disaster response and water restoration, Jordan brings adaptability, urgency, and problem-solving skills to every project he supports. He is known for seamlessly balancing hands-on field involvement with the responsibility of managing his own projects, allowing him to step in wherever needed while maintaining accountability for schedule, quality, and cost. Jordan prioritizes safety on every job site, ensuring crews and subcontractors adhere to established safety standards and best practices. He is highly relationship-driven, working closely with owners and subcontractors to foster trust, clear communication, and efficient execution. Jordan takes pride in delivering projects on time and in alignment with owner expectations, consistently supporting TCC’s commitment to quality, reliability, and teamwork. EDUCATION Colorado General Contractor - Class B Construction Course Leadership Adaptability Communication Strategic Thinking Problem-Solving Urgency SKILLS CERTIFICATIONS 30-HR OSHA; Forklift / Aerial/ Scissor Certifications Fort Collins Kia Dealership – $15M – Fort Collins, CO Ford Pro Elite Service Center – $17M – Loveland, CO PROJECT EXPERIENCE Alternative Homes for Youth - $2.5M - Greeley, CO Monfort Children's Clinic - $800K - Greeley, CO UNC Chiller Replacement - $1.2M - Greeley, CO 970-966-5306 jcardenas@tcccorp.net 6820 Powell Street, Loveland, CO 80538 REFERENCES Mike Philips, Alternative Homes for Youth - 970-397-1847 Jay Weibel - Dealership Owner - 970-215-1574 Cody Bays - Northern Colorado Marine - 970-619-0416 Bob Maulk - All Phase Restoration - 970-581-0078 PRINCIPAL RESPONSIBILITES Manages on-site operations by leading crews, coordinating subcontractors, and ensuring work is executed safely, efficiently, and in accordance with contract documents and quality standards Oversees daily field activities with clear communication between project teams and stakeholders to maintain alignment with schedules, milestones, and owner expectations Reviews and tracks project schedules and budgets, identifying potential risks early and implementing proactive solutions to maintain progress and cost control Drives coordination and accountability through regular production meetings, clear expectation setting, and follow-through on deliverables Maintains high-quality workmanship through routine inspections, punch list development, and enforcement of contract compliance Enforces jobsite safety through regular hazard assessments, toolbox talks, and maintaining a clean, organized, and compliant work environment Documents and tracks project activities through daily field reports, RFIs, submittals, change orders, and inspection logs to ensure transparency and accountability Coordinates with inspectors and authorities having jurisdiction to secure timely approvals, pass inspections, and achieve successful project closeout Supports overall project success by contributing to estimating, budgeting, IT coordination, branding, marketing, and community outreach efforts Weld County Motor Pool - $100K - Greeley, CO Superintendent Clayton Little PROFESSIONAL SUMMARY Clayton Little began his career as a laborer and quickly demonstrated a strong work ethic, reliability, and a desire to learn all aspects of project delivery. Working closely with TCC superintendents on a wide range of projects, he gained hands- on experience in daily jobsite operations, safety enforcement, trade coordination, and understanding project plans and specifications. This exposure allowed Clayton to develop a solid foundation in construction processes, jobsite protocols, and project sequencing. Through consistent performance and continued growth, Clayton advanced into a foreman role and was later promoted to superintendent. In his current role, he is responsible for overseeing day-to-day field operations, supervising subcontractors, enforcing safety and quality standards, and ensuring project scopes are executed efficiently and in alignment with project requirements. Clayton is recognized for his leadership, attention to detail, and proactive approach to problem-solving, contributing to safe, organized, and successful project delivery. EDUCATION Associates in Applied Sciences Communication Safety Detail-Oriented Adaptability Problem-Solving Work Ethic SKILLS CERTIFICATIONS 30-HR OSHA; Forklift / Aerial/ Scissor Certifications 970-433-4944 clittle@tcccorp.net 6820 Powell Street, Loveland, CO 80538 REFERENCES Joe Sullivan - Owner, Archer Homes - 970-227-7588 Derek Pastor - PM - Estes Park Facilities - 972-998-9307 Brian Crownover - VP - TCC Corporation - 970-371-8404 PRINCIPAL RESPONSIBILITES Manage day-to-day onsite operations by leading field crews, coordinating subcontractors, and ensuring work is performed in accordance with safety, quality, and efficiency standards. Direct and communicate daily field activities with project teams, owners, and stakeholders to maintain alignment with project schedules, milestones, and overall objectives. Monitor project schedules and budgets, identify potential risks early, and implement proactive solutions to maintain progress and mitigate impacts. Lead production meetings, establish clear expectations, and drive accountability for milestones, deliverables, and corrective actions. Maintain quality control through routine inspections, punch list development, and enforcement of contract requirements, plans, specifications, and workmanship standards. Coordinate procurement and jobsite logistics, including material deliveries, equipment usage, and manpower allocation across all phases of work. Enforce jobsite safety compliance through hazard assessments, toolbox talks, and ongoing oversight to maintain a clean, organized, and secure work environment. Document project activity through daily reports, RFIs, submittals, change management, and inspection logs to ensure accurate records and transparency. Coordinate with inspectors and authorities having jurisdiction to secure approvals, pass inspections, and support timely project closeout. Briggsdale Grader Sheds - $1.8M - Briggsdale, CO Ford Pro Elite - $15M - Loveland, CO PROJECT EXPERIENCE Estes Finance Office - $300K - Estes Park, CO Briggs Greenhouse - $300K - Westminster, CO Estes Fleet Shop - $200K - Estes Park, CO 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. CONTRACTS ON HAND TCC Corporation is currently engaged in the following projects as the prime contractor. Our workload reflects a balanced mix of municipal, educational, and infrastructure projects across Colorado, with capacity to effectively manage and deliver additional work. Ralston Water Treatment Building (Design-Build) Location: [To Be Provided] Contract Value: $423,749 Schedule: In planning; anticipated construction September 15, 2026 – November 30, 2026 Role: Prime Contractor Button Rock Storage Building (Design-Build) Location: [To Be Provided] Contract Value: $281,721 Schedule: In permitting; anticipated construction September 8, 2026 – November 21, 2026 Role: Prime Contractor CDOT Ft. Garland VSF 7+1 Location: 29152 Highway 159, Ft. Garland, CO Contract Value: $3,761,762 Schedule: February 3, 2026 – September 29, 2026 Role: Prime Contractor Clear Creek Bus Terminal Location: Clear Creek Drive & West 40th Ave, Wheat Ridge, CO Contract Value: $625,044 Schedule: February 27, 2026 – May 15, 2026 Role: Prime Contractor Stratton Childcare Facility Location: 3rd Street & New York Ave, Stratton, CO Contract Value: $2,639,810 Schedule: April 10, 2026 – September 16, 2026 Role: Prime Contractor Attachment C 6820 Powell Street, Loveland, CO 80538 www.tcccorp.net ADDRESS. CONTACT. 970-460-0583 WEBSITE. Akron Terminal Building (Design-Build) Location: 1201 North Cedar, Akron, CO Contract Value: $1,002,132 Schedule: May 18, 2026 – September 21, 2026 Role: Prime Contractor DPS Delgado–Kepner School Renovations Location: Denver Public Schools, Denver, CO Contract Value: $1,823,326 Schedule: May 25, 2026 – August 14, 2026 Role: Prime Contractor Bennett / Fort Collins High School Generator Replacements Location: Poudre School District, Fort Collins, CO Contract Value: $224,813 Schedule: May 25, 2026 – August 14, 2026 Role: Prime Contractor University of Northern Colorado (UCCC) Acoustic Panel Replacement Location: 701 10th Ave, Greeley, CO Contract Value: $895,015 Schedule: July 6, 2026 – September 2, 2026 Role: Prime Contractor Weld County Motor Pool Addition & Remodel Location: 1399 N 17th Ave, Greeley, CO Contract Value: $19,996,954 Schedule: April 6, 2026 – May 28, 2027 Role: Prime Contractor CONTRACTS ON HAND Tentative Schedule Events Center Metal Storage Building MAY JUNE JULY AUGUST SEPT OCT NOV DEC DESCRIPTION 11 18 25 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 Notice to Proceed Submittals -4 wks for metal bld drawings Civil & Structural design/drawings Order Building -14-16 wks Mobilize to Site Off load building Sitework Dig footer/foundation Pour footer/foundation Backfill Fine grade slab/aprons, install gravel Pour slab Pour approns Erect metal building Install roof/wall panels Install Overhead doors Install walk doors/frames Punch list Turnover to owner 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: Jacqueline Wesley, P.E., Project Manager and Rueben Bergsten, Utilities Director Department: Utilities Date: May 12, 2026 Subject: Resolution 56-26 To Authorize a License Agreement with the Bureau of Reclamation for the Mall Road Waterline Project Type: Resolution Objective: Utilities/Water Division is seeking Board approval of Resolution 56-26 to enter into an agreement with the Bureau of Reclamation for the construction of the Mall Road waterline project across their property located at 2196 Mall Road and at 2220 Mall Road along with construction across the Olympus Siphon. Present Situation: Previous water master plans completed by the Town identified the need to complete the interconnection of our water system from Highway 36 to Highway 34. A portion of the interconnection has been completed (past Joel Estes Drive on Mall Road), with this looping project required to finalize the interconnection. After reviewing the limited route options, our design consultant completed the design of the pipeline from a private road across the corner of the Bureau property (Upper Thompson Sanitation District Administrative offices are on this property), north on Mall Road, then traversing Bureau property near the bridge on Mall Road. The project design is complete and it is ready to advertise for bids. During design development, staff met several times with the Bureau of Reclamation to review the location and requirements to cross their facilities (including the Olympus Siphon). The Olympus Siphon is a critical conduit from Lake Estes and is part of the Bureau’s power generation system. The Bureau requires additional protection of the siphon, including hand excavation across the siphon, restriction of equipment used on or over the siphon, and encasement of the Town’s water line. The design engineer has included these requirements in the bid package. Proposal: Utilities staff propose the Town Board approve Resolution 56-26 which authorizes the Town Administrator to sign the final license agreement with the Bureau of Reclamation. Advantages: •Approval of the license agreement allows construction of the watermain across the Olympus Siphon and along Mall Road within the Bureau of Reclamation property. No alternative route is feasible or available. Disadvantages: •Compliance with Bureau of Reclamation requirements for crossing the Olympus Siphon add cost and time to the project; however, the requested construction methods are reasonable considering the criticality of the siphon and have been accounted for in design and in the cost opinion. Action Recommended: Utilities staff recommend approval of Resolution 56-26. Finance/Resource Impact: This item does not change the budget. Current Impact: 503-7000-580.35-54 MALLRO, $0.00 expenditure, $3,912,702.21 available budget as of March 24, 2026 Future Ongoing Impacts: None identified by staff. Future One Time Impacts: None identified by staff. Level of Public Interest: Low Sample Motion: I move for the approval/denial of Resolution 56-26. Attachments: 1. Resolution 56-26 2.License Agreement from Bureau of Reclamation RESOLUTION 56-26 TO CONSIDER AUTHORIZING ENTERING INTO A LICENSE AGREEMENT WITH THE BUREAU OF RECLAMATION FOR INSTALLATION OF THE MALL ROAD WATERLINE EXTENSION ACROSS BUREAU OF RECLAMATION PROPERTY AND ASSETS WHEREAS, the Town Board wishes to enter into a license agreement referenced in the title of this resolution; and WHEREAS, the Bureau of Reclamation has provided a license agreement detailing requirements to cross Bureau property and the Olympus Siphon for the project referenced in the title of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board authorizes the Major to sign the license agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 - BUREAU OF - RECLAMATION Licensee: Town of Estes Park PO Box 1200 Estes Park, CO 80517 Purpose: Town of Estes Park Colorado-Big Thompson, Mall Road Waterline Construction License Contract Number: 25-LM-60-5460 Effective Date: 4/20/2026 Expiration Date: 4/20/2051 Exhibits Attached: A, B -�------License Fee: WAIVED per CFR 429 Authorize the Town of Estes Park to construct, operate, and maintain a 12-inch diameter water line along Mall Road on the east side of Estes Park. The applicant proposes to install an air release manhole on the North side of the paved access road to avoid Reclamation's Olympus siphon. This will require adding hand compacted fill and/or backfill tampered fill and an insulation barrier around the water line. The Licensee is willing to enter into a reciprocal agreement with Reclamation to waive fees for tapping into the new water line for future use that will benefit the Wapiti Meadows access area of the Lake Estes Trail. Description of Premises (legal description and major features, i.e. reservoir, canal): Olympus Siphon in Section 29, Township 5 North, Range 72 West, 6th P.M., Estes Park, Larimer County, Colorado (Exhibit A). Special Conditions: 1.The area for use under this license will be limited to the Authorized Area as defined on Exhibit B and as presented in the Project Plan and Profile submitted to Reclamation (Exhibit C). 2. Reclamation owns and operates the Colorado-Big Thompson (C-BT) Project as described in Senate Document 80, Act of August 9, 1937. The License Area is part of the C-BT Project's lands and is used for Project purposes. Reclamation authorizes the Licensee to use the Area for approved activities under the license. However, the Licensee will assume all responsibility and expense for removal of the facilities in the event they are damaged beyond use and not rebuilt, or if a determination is made that such facilities must be removed to accommodate C-BT Project's purposes. In this case, the site will be regraded to pre-existing contours. 3.Licensee activities will not hinder or interfere with public maintenance operations performed by Reclamation or Upper Thompson Sanitation District without prior coordination and public notice if applicable. 4.The Licensee will follow Local, County, and State regulatory requirements for stormwater drainage and best management practices for the control of discharge quantity and quality. 5.The Licensee will not conduct work in the License Area when ground is wet, which creates rutting or increased compaction of ground surface. Attachment 2 25-LM-60-5460 6. The authorized activities shall be in a manner and by means that will not create a hazard to the public or to the officials, employees, and contractors of Reclamation. 7. The Licensee will contact Ron Rogers, Estes Powerplant Supervisor at RonnieRogers@usbr.gov or 970-461-5517, at least 5 business days prior to the start of this work to give the opportunity for a representative from Reclamation to be on site during construction activities. The presence of Reclamation personnel in no way relieves the applicant or contractor of their responsibility. 8. The Licensee is responsible for any notifications to utility owners across Reclamation’s lands and adjacent landowners concerning the license activities and any expected delays or access concerns during construction activities. 9. The Licensee will provide Reclamation a copy of the final waterline design and communicate any potential variation from the planned construction when activities are within 50 feet of Reclamation’s features. 10. The Licensee and its contractors shall adhere to all crossing rules. 11. It is essential to avoid the use of mechanical equipment in such a way as to cause damage to the existing siphon pipe. Mechanical equipment will not be allowed to drive over or park on the existing pipe during the excavation process. In all such locations, hand-excavating methods and a vacuum truck will be used within 1 horizontal foot and 1 vertical foot of the existing pipe. The method of backfill compaction and the equipment used shall be appropriate for the material compacted and shall not transmit damaging shocks to the existing pipe. The area should remain excavatable at a later date as needed for future maintenance. 12. There shall be a minimum of 18 inches of horizontal separation between service line taps. 13. If in the event Reclamation determines that its facilities are impacted or damaged by Licensee’s activities on or adjacent to Reclamation land, the Licensee, at no cost to the United States, will be responsible to repair or correct damaged facilities to Reclamation standards. The Licensee shall provide comprehensive general liability insurance under the Colorado Intergovernmental Risk Sharing Agency (CIRSA) in the amount of $1,000,000 to be maintained until all construction activities of this project and restoration of the disturbed areas have been completed and accepted in writing by Reclamation. 14. The Licensee agrees to ensure that its construction contractor carries a commercial general liability insurance covering bodily injury, property damage and completed operations. The Licensee will ensure that the United States is named as an additional insured party in the insurance contract(s) applicable to the policy procured with respect to the activities performed over the segment of the Olympus siphon for the duration of construction. This provision provides a level of protection for the C-BT Project and the United States and mitigates against risk that the Project is undertaking relative to the Town of Estes Park’s installation. Accordingly, this provision serves the interests of the Project and the United States because of the protections it provides. 15. The Licensee agrees to implement Best Management Practices to reduce erosion within the authorized area as may be needed to complete the waterline construction and will use the following erosion control procedures: a. Return topography to pre-construction contours and complete a post survey visit to adjust roadwa material for an settlin . 25-LM-60-5460 16. The following procedures are to be used to ascertain that invasive species are not present on equipment brought on-site. a. Any equipment used for operations, maintenance, and investigations shall be pressure washed to remove all dirt and vegetative matter prior to arriving on-site to limit the spread of noxious weeds from other areas. This includes but is not limited to cars, pick-up trucks, trailers, and all construction equipment including any recreational equipment brought on site. b. Noxious weed contaminated material is not allowed on site. This includes any fill (sand and gravel); and any seed, straw, hay, and erosion control blankets utilizing natural materials unless properly fumigated or certified noxious weed seed free. 17. Any excess material and debris generated by the proposed action shall be removed from Reclamation’s land and disposed of accordingly, including any stakes and flagging. 18. The Licensee shall adhere to applicable laws regarding the removal of trees, including the Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, and the Endangered Species Act. 19. If previously undocumented archaeological or historical materials are encountered during construction, all work shall cease in the immediate area of the find, and the discovery locale shall be protected until its significance can be assessed by a qualified archaeologist and/or historic preservation specialist. The Licensee must secure the site and notify Reclamation of the discovery immediately by calling 970-461-5307. 20. Upon discovery of any event which may or does result in contamination or pollution of the federal lands, waters, or facilities, the Licensee shall immediately undertake all measures necessary to protect public health and the environment, including measures necessary to contain or abate any such contamination or pollution and shall report such discovery and full details of the actions taken to Reclamation at 970-461-5469. Reporting shall be within a reasonable time but shall not exceed 24 hours from the time of discovery if it is an emergency and the first working day following discovery in the event of a non-emergency. An emergency is any situation that requires immediate action to reduce or avoid endangering public health and safety or the environment. 21. Reclamation’s review, inspection or oversight of the Licensee’s activities does not constitute supervision or acceptance of the work and does not relieve the Licensee of liability under this authorization. 22. The Licensee agrees to follow the above Special Conditions, numbers 1 through 22, while on Reclamation’s lands. Reclamation will suspend any activities by the Licensee and its contractors for non-compliance with the above Special Conditions, including activities that in any way interfere with or threaten to interfere with the use of Reclamation's subject lands, easement, operation and maintenance, or administration of the Colorado-Big Thompson Project. General Conditions: To the extent lawfully allowed, this license is issued as authorized by Reclamation Law, and subject to all conditions contained herein. 1. Payments. All payments shall be made to the issuing office of the U.S. Bureau of Reclamation on or before the date of issue by using online bill pa at Pay.gov - Bureau of Reclamation : Bureau of Reclamation Online Bill Pay, a postal money order or a check made payable to the U.S. Bureau of Reclamation. 25-LM-60-5460 2. Severability. Each provision of this use authorization shall be interpreted in such a manner as to be valid under applicable law, but if any provision of this use authorization shall be deemed or determined by competent authority to be invalid or prohibited hereunder, such provision shall be ineffective and void only to the extent of such invalidity or prohibition, but shall not be deemed ineffective or invalid as to the remainder of such provision or any other remaining provisions, or of the use authorization as a whole. 3. Use Limitations. The licensed use: (a) is limited to the purposes and premises herein specified; (b) does not unless specified in the license grant any rights to water; (c) does not unless provided for in the license allow restriction of public entry or uses or to the area; (d) is subject to existing easements, rights-of-way, or reservations; (e) is subject to the right of the Bureau to grant other licenses for the same premises upon a finding by the Issuing Officer that the additional use is compatible with the use licensed herein; and (f) shall not impede the Bureau, its agents or assigns from carrying on whatever activities are necessary, to (1) protect and maintain the premises, facilities, and adjacent lands administered by the United States and its agencies and 2) manage all resources located on the premises and other Bureau lands. 4. Unrestricted Access. The United States reserves the right of its officers, agents, and employees at all times to have unrestricted access and ingress to, passage over, and egress from all of said lands, to make investigations of all kinds, dig test pits and drill test holes, to survey for and construct reclamation and irrigation works and other structures incidental to federal Reclamation projects, or for any purpose whatsoever. Reclamation will make every reasonable effort to keep damages to a minimum. 5. Hold Harmless. The Licensee hereby agrees to indemnify the United States for, and hold the United States and all of its representative harmless from, all damages resulting from suit actions, or claims of any character, brought on account of any injury to any person or property arising out of any act, omission, neglect, or misconduct in the manner or method of performing any construction, care, operation, maintenance, supervision, examination, inspection, or other activities of the Licensee. 6. Operating Rules and Laws. The licensee shall keep the premises in a neat and orderly condition at all times, and shall comply with all municipal, county, State and Federal laws, rules and regulations applicable to their operations under the license. Also, the licensee shall take all reasonable precautions to prevent the escape of fires to suppress fires and shall render all reasonable assistance in the suppression of fires. Any activity of the Licensee deemed to be illegal on federal lands will be cause for immediate termination of the License. 7. Responsibility of Licensee. The licensee, by operating on the premises, shall be considered to have accepted these premises with all the facilities, fixtures, or improvements in their existing condition as of the date of this license. At the end of the period specified or upon earlier termination the licensee shall give up the premises in like condition as when received except for reasonable wear, tear, or damage occurring without fault or negligence. The licensee will fully repay Reclamation for any and all damage, directly or indirectly, resulting from the licensee 's negligence or failure to use reasonable care. 8. Cultural Resources. The Licensee shall immediately provide an oral notification to Reclamation’s Authorized Official of the discovery of any and all antiquities or other objects of archaeological, paleontological, cultural, historic, or scientific interest on Reclamation lands. The Licensee shall follow up with a written report of their finding(s) to Reclamation’s Authorized Official within forty-eight (48) hours. Objects under consideration include, but are not limited to, historic or prehistoric ruins, human remains, funerary objects, and artifacts discovered as a result of activities under this authorization. The Licensee shall immediately cease the activity in the area of the discovery, make a reasonable effort to protect such discovery, and wait for written approval from the Authorized Official before resuming the activity. Protective and mitigative measures specified by Reclamation’s Authorized Official shall be the responsibility of the Licensee. 9. Pest Management. The Licensee is responsible for effectively avoiding the introduction and spread of, and for otherwise controlling, undesirable plants and animals, as defined by the Authorized Official, on or in federal project lands, federal project waters, and federal project works for which and to the extent that the 25-LM-60-5460 Licensee has operation and maintenance responsibility. The Licensee is responsible for exercising the level of precaution necessary in meeting this responsibility, including inspecting its vehicles, watercraft, and equipment for reproductive and vegetative parts, foreign soil, mud or other debris that may cause the spread of weeds, invasive species and other pests, and removing such materials before moving its vehicles, watercraft, and equipment onto any federal land, into any federal project facility waters, or out of any area on federal project land where work is performed. The Licensee shall not apply pesticides on federal lands without prior written approval from Reclamation. 10. Compliance. Failure of the Bureau to insist upon strict compliance with any of this license's terms, conditions, and requirements shall not constitute a waiver or relinquish of Reclamation's right to thereafter enforce any of the license's terms, conditions, or requirements. 11. Termination and Revocation. This License will terminate or be revoked, and all rights of the Licensee hereunder will cease, and the Licensee will quietly deliver to the United States possession of the premises in like condition as when taken, reasonable wear and damage by the elements excepted under the following conditions: a) The United States, acting through Reclamation, Department of the Interior, reserves rights to construct, operate, and maintain public works now or hereafter authorized by the Congress without liability for termination of the License or other damage to the Licensee’s activities or facilities. b) Reclamation may, at any time and at no cost or liability to the United States, terminate any License in the event of a natural disaster, a national emergency, a need arising from security requirements, or an immediate and overriding threat to public health and safety. c) Reclamation may, at any time and at no cost or liability to the United States, terminate any License for activities other than existing authorized private exclusive recreational or residential use as defined under 43 CFR § 429.2 if Reclamation determines that any of the following apply: i. The use has become incompatible with authorized project purposes, project operations, safety, and security; or, ii. A higher public use is identified through a public process described at 43 CFR § 429.32(a)(1); or, iii. Termination is necessary for operational needs of the project. d) Reclamation may, at any time and at no cost or liability to the United States, revoke any License if Reclamation determines that the Licensee has failed to use the License for its intended purpose. Further, failure to construct within the timeframe specified in the terms of the License may constitute a presumption of abandonment of the requested use and cause termination of the License. e) Reclamation may, at any time and at no cost or liability to the United States, revoke any License if the Licensee fails to comply with all applicable federal, state, and local laws, regulations, ordinances, or terms and conditions of any License, or to obtain any required permits or authorizations. f) At the expiration of the term; or, i. Without notice, upon default in payment to the United States of any installment of use fee charges; or, ii. On date, of any year, upon written notice to Licensee, served 30 days in advance thereof; or, iii. After failure of the lessee to observe any of the conditions of this License, and on the tenth day following service of written notice on the Licensee of revocation because of failure to observe such condition. g) The notices provided by this Article will be served by certified mail addressed to the respective post office addresses given on the use authorization application and the mailing of any such notice properly enclosed, addressed, stamped, and certified, will be considered service. If the termination under Article 11 (f (2)) or Article 11 (f (3)) should be effective at a date prior to the date of the termination of the then current License or extension, for which prepayment of rental will have been made, an appropriate refund or part of the rental for such then current use authorization or extension will be made. h) If this License is revoked and/or terminated under Article 11 (f (3)), the United States reserves the right to bar the Licensee from the authorization to use acquired or withdrawn public land on the Project for a period of time and/or charge the Licensee a fee for liquidated damages, as determined by the Authorized Official. 25-LM-60-5460 12. Removal of Licensee's Property. Upon the expiration, termination, or revocation of this license, if all rental charges and damage claims due the Government have been paid, the licensee may remove all structures, machinery, or other property, from the premises. Upon failure to remove any of the said property within 60 days of expiration, termination, or revocation, it shall become the property of the United States, and the licensee shall pay the United States for all expenses related to property removal. 13. Transfer of Privileges. This license is not transferable without prior written approval from the Bureau of Reclamation. 14. Refunds. All money paid under this license shall be retained by the Government. If Article 11 (g) is exercised, the fee paid under this license shall be refunded by a pro rata share, as determined by the Bureau of Reclamation. 15. Official Barred from Participating. No Member of Congress or Resident Commissioner shall participate in any part of this contract or to any benefit that may arise from it, but this provision shall not pertain to this contract if made with a corporation for its general benefit. 16. Nondiscrimination. All Parties to this License shall comply with all Federal statutes relating to nondiscrimination, including but not limited to Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, religion, sex, or national origin; Title IX of the Education amendments of 1972, as amended, which prohibits discrimination of the basis of sex; the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended, which prohibit discrimination on the basis of disability; the Age Discrimination in Employment Act of 1967, as amended, which prohibits discrimination based on age against those who are at least 40 years of age; and the Equal Pay Act of 1963. 17. Liability. The licensed activities shall be conducted so as not to interfere with the operation, maintenance, and administration of Reclamation Projects. Any additional repairs, maintenance, or expense to Reclamation Projects as a result of the licensed activities shall be reimbursed to the United States by the licensee. The Secretary of the Interior's determination of such expense shall be final and binding upon the parties hereto. 18. Trespass. Any use of the premises not herein prescribed shall be considered a trespass. Any violation or trespass on any Reclamation lands by the licensee shall be cause for termination of this license, in accordance with Section 11. The licensee shall be liable for any damages resulting therefrom and an approximate charge as determined by the issuing officer shall be made to the licensee. Any property constructed in trespass shall be considered property of the United States. 19. Disclosure. In accordance with the Privacy Act of 1974 (PL 93-579) please be advised that: (a) Participation is voluntary; however, failure to answer all questions fully may delay processing of this application or result in denial of this license; (b) information will be used as criteria for the issuance of licenses and for identification of personnel having licenses on Reclamation lands. (c) In the event there is indicated a violation of a statute, regulation, rule, order, or license, whether civil, criminal, or regulatory in nature, the requested information may be transferred to the appropriate Federal, State, or local agency charges with investigation or processing such violations. 20. Hazardous Materials. a) The Licensee may not allow contamination or pollution of federal land, facilities, and waterbodies and for which the Licensee has the responsibility for care, operation, and maintenance by its employees or agents and shall take reasonable precautions to prevent such contamination or pollution by third parties. Substances causing contamination or pollution shall include, but are not limited to, hazardous materials, thermal pollution, refuse, garbage, sewage effluent, industrial waste, petroleum products, mine tailings, mineral salts, misused pesticides, pesticide containers, or any other pollutants. b) The Licensee shall comply with all applicable federal, state, and local laws and regulations, and Reclamation policies and directives and standards, existing or hereafter enacted or promulgated, 25-LM-60-5460 concerning any hazardous material that will be used, produced, transported, stored, or disposed of on or in federal lands, waters or facilities. c) “Hazardous material" means any substance, pollutant, or contaminant listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq., and the regulations promulgated pursuant to that Act. d) Upon discovery of any event which may or does result in contamination or pollution of federal lands, waters or facilities, the Licensee shall initiate any necessary emergency measures to protect health, safety and the environment and shall report such discovery and full details of the actions taken to the Authorized Official. Reporting may be within a reasonable time period. A reasonable time period means within twenty-four (24) hours of the time of discovery if it is an emergency or by the first working day if it is a non-emergency. An emergency is any situation that requires immediate action to reduce or avoid endangering public health and safety or the environment. e) Violation of any of the provisions of this Article, as determined by the Authorized Official, may constitute grounds for termination of this contract. Such violations require immediate corrective action by the Licensee and shall make the Licensee liable for the cost of full and complete remediation and/or restoration of any federal resources or facilities that are adversely affected as a result of the violation. f) The Licensee agrees to include the provisions contained in paragraphs (a) through (f) of this Article in any subcontract or third- party contract it may enter into pursuant to this use authorization. g) Reclamation agrees to provide information necessary to enable the Licensee, using reasonable diligence, to comply with the provisions of this Article Sign name or names as written in body of license. For co-partnership, licensees should sign as members of firm. For corporation, the officer authorized to execute contracts, etc., should sign, with title the sufficiency of such signature being attested by the Secretary and with corporate seal, in lieu of witness. The Licensee hereby accepts this license subject to the terms, covenants, obligations, and reservations, expressed or implied herein. Bureau of Reclamation Si nature: Print Name: Jeffre Rieke Title: Area Mana e Date: Managing Partner Si nature: Print Name: A enc : Date: Licensee Si nature: Print Name: A enc : Town of Estes Par Date: 25-LM-60-5460 LIST OF EXHIBITS EXHIBIT A – Project Location Map EXHIBIT B – License Area Map EXHIBIT C – Project Plan and Profile 25-LM-60-5460 EXHIBIT A – Project Location Map TOWN OF ESTES PARK – WATERLINE CONSTRUCTION COLORADO-BIG THOMPSON PROJECT License #25-LM-60-5460, ECAO Project #2025-050 25-LM-60-5460 EXHIBIT B – License Area Map 25-LM-60-5460 EXHIBIT C – Project Plan and Profile RESOLUTION 57-26 SETTING THE PUBLIC HEARING FOR A NEW VINTNERS RESTAURANT LIQUOR LICENSE APPLICATION FOR SNOWY PEAKS WINERY LLC DBA SNOWY PEAKS WINERY 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 VINTNERS RESTAURANT Liquor License, filed by SNOWY PEAKS WINERY LLC DBA SNOWY PEAKS WINERY, 292 and 294 Moraine Avenue, Estes Park, Colorado, is April 20, 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, May 26, 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 3.8 miles, as measured from the center of the applicant's property. DATED this day of , 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: Dana Klein, CPP, CCTM, Parking & Transit Manager David Greear, PE, Public Works Director Department: Public Works Date: Subject: Type: May 12, 2026 Resolution 58-26 Intergovernmental Agreement with the Colorado Department of Transportation for Fiscal Year 2026 Federal Certifications and Assurances for Federal Transit Administration Assistance Programs Resolution Objective Consider adoption of Resolution 58-26, approving an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for Fiscal Year (FY) 2026 Certifications and Assurances required by the Federal Transit Administration (FTA) for recipients of FTA funding for public transportation. Present Situation: Before the FTA may award federal assistance for public transportation in the form of a federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre award agency (Town) Certifications and Assurances are required. CDOT has requested that each agency (Town) review the Certifications and Assurance overview and select those categories that will apply to any application for which the agency (Town) might seek or receive federal assistance from FTA during the fiscal year listed (FY 2025). Because of FTA’s annual Certification and Assurance overview contains various agreements and commitments, it requires Town Board approval as an IGA under Town Policy 1101. Proposal: Public Works staff propose that the Town Board authorize the Parking and Transit Manager to complete and submit the FY 2026 Certifications and Assurances, as required by the FTA, using CDOT’s online document management portal COTRAMS. Advantages: By completing the requested FY2026 Certifications and Assurances, the Town will ensure that it remains in compliance with State and Federal requirements for agencies that receive grant funding for public transportation projects. Completing the requested FY2026 Certifications and Assurances secures Town eligibility to receive FTA grant funding for reimbursement for several existing projects and allows the Town to receive the FY 2026 FTA 5311 funds. Disadvantages: Accepting and processing Federal grants adds administrative workload to several departments, including Public Works, Internal Services and Finance; however, these staff teams are well-versed at managing FTA grant funding of this type. Action Recommended: Public Works staff recommend approval of Resolution 58-26. Finance/Resource Impact: This item does not require funding or resources from the Town. Level of Public Interest: Public interest in the item is low. Sample Motion: I move for the approval of Resolution 58-26. Attachments: 1. Resolution 58-26 2.FY 2026 FTA Certification and Assurances Form 3.FY 2026 FTA Certification and Assurances Checklist RESOLUTION 58-26 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2026 FEDERAL CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS WHEREAS, The Town Board desires to enter into the intergovernmental agreement referenced in the title of this resolution for the purpose of receiving FY 2026 grant funding for public transportation in Estes Park from the Federal Transit Administration. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Town Board approves, and authorizes the Town Administrator or designee to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Town Board. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Certifications and Assurances Fiscal Year 2026 1 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision. Text in italic is not part of a certification and is of no legal effect. Its purpose is to provide explanation and context for the certification. CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT. All applicants must make the certifications in this category. 1.1. Standard Assurances. The certifications in this subcategory appear as part of the applicant’s registration or annual registration renewal in the System for Award Management (SAM.gov) and on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a)Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. (b)Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. (c)Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. (d)Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. (e)Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). (f)Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: Attachment 2 Certifications and Assurances Fiscal Year 2026 2 (1)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S. DOT regulation 49 CFR Part 21, including any amendments thereto; (2)Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 CFR Part 25; (3)Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4)Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S. DOT regulation 49 CFR Part 27; (5)The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age; (6)The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7)The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8)Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (9)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (10)Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (11)the requirements of any other nondiscrimination statute(s) which may apply to the application. (g)Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24. (h)Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Certifications and Assurances Fiscal Year 2026 3 (i)Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction sub-agreements. (j)Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (k)Will comply with environmental standards which may be prescribed pursuant to the following: (1)Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (2)Notification of violating facilities pursuant to EO 11738; (3)Protection of wetlands pursuant to EO 11990; (4)Evaluation of flood hazards in floodplains in accordance with EO 11988; (5)Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (6)Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (7)Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (8)Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205). (l)Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (m)Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n)Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o)Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Certifications and Assurances Fiscal Year 2026 4 (p)Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. (q)Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201. (r)Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. (s)Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1)Engaging in severe forms of trafficking in persons during the period of time that the award is in effect; (2)Procuring a commercial sex act during the period of time that the award is in effect; or (3)Using forced labor in the performance of the award or subawards under the award. 1.2. Standard Assurances: Additional Assurances for Construction Projects. This certification appears on the Office of Management and Budget’s standard form 424D “Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a)Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b)Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c)Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. Certifications and Assurances Fiscal Year 2026 5 1.3. Procurement. The Uniform Administrative Requirements, 2 CFR § 200.325, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews. Additionally, 2 CFR § 200.216(e) states that by accepting a grant, the recipient is certifying its compliance with that section (“Prohibition on certain telecommunications and video surveillance equipment or services”). The applicant certifies that its procurement system complies with: (a)U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2 CFR §§ 200.317–200.327 “Procurement Standards; (b)Federal laws, regulations, and requirements applicable to FTA procurements; and (c)The latest edition of FTA Circular 4220.1 and other applicable Federal guidance. (d)2 CFR § 200.216, “Prohibition on certain telecommunications and video surveillance equipment or services.” 1.4. Increased Micro-Purchase Threshold. A recipient may establish a micro-purchase threshold that is higher than the Federal micro- purchase threshold. Pursuant to 2 CFR § 200.320(a)(1)(iv), the recipient may self-certify a micro-purchase threshold up to $50,000. Pursuant to 2 CFR § 200.320(a)(1)(v), the recipient may set a micro-purchase threshold higher than $50,000, but only with the approval of the recipient’s Federal cognizant agency for indirect costs. To determine an applicant’s cognizant agency for indirect costs, consult the definition of “cognizant agency for indirect costs” in 2 CFR § 200.1. If the recipient uses a micro-purchase threshold that is higher than the Federal micro-purchase threshold, the recipient certifies: (a)The recipient’s micro-purchase threshold does not exceed $50,000, or the recipient has approval from its Federal cognizant agency for indirect costs to use a higher micro- purchase threshold; (b)The recipient has a written justification for its micro-purchase threshold; and (c)The recipient has supporting documentation of any of the following: (1)The recipient qualifies as a low-risk auditee, in accordance with the criteria in 2 CFR § 200.520 for the most recent audit; (2)The recipient has an annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or Certifications and Assurances Fiscal Year 2026 6 (3)For public institutions, a higher threshold is consistent with State law. 1.5. Suspension and Debarment. Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by 2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes. The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals: (a)Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency; (b)Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty; (c)Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification; and (d)Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default. 1.6. Lobbying. If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities. This certification is required by 49 CFR § 20.110 and app. A to that part. This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20. Certifications and Assurances Fiscal Year 2026 7 1.6.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that: (a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 1.6.2. Statement for Loan Guarantees and Loan Insurance. The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement Certifications and Assurances Fiscal Year 2026 8 shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 1.7. Real Property Use This certification responds to Recommendation #7 in the U.S. Department of Transportation’s Office of Inspector General Report FS2024025 (May 20, 2024). If the applicant will use assistance provided by the Federal Transit Administration to acquire or improve real property, the applicant certifies that it will comply with the requirements of 2 CFR §200.311, including but not limited to, requirements to use the property for the purposes authorized in its award, and to seek disposition instructions from FTA when the property no longer is needed for any authorized purpose. CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS This certification is required of each applicant under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight programs, and each State that is required to draft and certify a Public Transportation Agency Safety Plan on behalf of a Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) pursuant to 49 CFR § 673.11(d). This certification is required by 49 U.S.C. § 5307(c)(1)(L), 49 U.S.C. § 5329(d)(1), and 49 CFR §673.13. This certification is a condition of receipt of Urbanized Area Formula Grants Program (49 U.S.C. § 5307) funding. This certification does not apply to any applicant that only receives financial assistance from FTA under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. §5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of these two programs, unless it operates a rail fixed guideway public transportation system. If the applicant is an operator, the applicant certifies that it has established a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673; including, specifically, that the board of directors (or equivalent entity) of the applicant has approved, or, in the case of an applicant that will apply for assistance under 49 U.S.C. § 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under 49 U.S.C. § 5329(d)(5), followed by the board of directors (or equivalent entity) of the applicant has approved, the Public Transportation Agency Safety Plan or any updates thereto; and, for each recipient serving an urbanized area with a population of fewer than 200,000, that the Public Transportation Agency Safety Plan has been developed in cooperation with frontline employee representatives. Certifications and Assurances Fiscal Year 2026 9 If the applicant is a State that drafts and certifies a Public Transportation Agency Safety Plan on behalf of a public transportation operator, the applicant certifies that: (a)It has drafted and certified a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673 for each Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) in the State, unless the Small Public Transportation Provider provided notification to the State that it was opting out of the State-drafted plan and drafting its own Public Transportation Agency Safety Plan; and (b)Each Small Public Transportation Provider within the State that opts to use a State- drafted Public Transportation Agency Safety Plan has a plan that has been approved by the provider’s Accountable Executive (as that term is defined at 49 CFR § 673.5), Board of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5), and, if the Small Public Transportation Provider serves an urbanized area with a population of 200,000 or more, the safety committee of the Small Public Transportation Provider established under 49 U.S.C. § 5329(d)(5). CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS. If the applicant is a business association (regardless of for-profit, not for-profit, or tax-exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2026, Pub. L. 119-75, div. E, tit. VII §§ 744-745. U.S. DOT Order 4200.6 defines a “corporation” as “any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status. If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that: (a)It has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (b)It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months. Certifications and Assurances Fiscal Year 2026 10 CATEGORY 4. PRIVATE SECTOR PROTECTIONS. If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector. 4.1. Charter Service Agreement. To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR §604.4. The applicant agrees that it, and each of its subrecipients, and third-party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 CFR Part 604, the terms and conditions of which are incorporated herein by reference. 4.2. School Bus Agreement. To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 CFR § 605.15. (a)If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows: (1)The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2)The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). (b)If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows: (1)The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein. (2)The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11. Certifications and Assurances Fiscal Year 2026 11 (3)The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). (4)The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public. CATEGORY 5. TRANSIT ASSET MANAGEMENT PLAN. If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a). The applicant certifies that it is in compliance with 49 CFR Part 625. CATEGORY 6. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING. 6.1. Rolling Stock Buy America Reviews. If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 CFR § 663.7. The applicant certifies that it will conduct or cause to be conducted the pre-award and post- delivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 CFR Part 663. 6.2. Bus Testing. If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 CFR § 665.7. The applicant certifies that the bus was tested at the Bus Testing Facility established in accordance with 49 U.S.C. § 5318 (currently the Larson Transportation Institute’s Bus Research and Testing Center at Pennsylvania State University) and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle. Certifications and Assurances Fiscal Year 2026 12 CATEGORY 7. URBANIZED AREA FORMULA GRANTS PROGRAM. If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) (23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. §5307(c)(1). The applicant certifies that it: (a)Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program; (b)Has or will have satisfactory continuing control over the use of equipment and facilities; (c)Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan; (d)Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any— (1)Senior; (2)Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and (3)Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e)In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (f)Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g)Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing); (h)Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); Certifications and Assurances Fiscal Year 2026 13 (i)Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (j)Either— (1)Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. §5336; or (2)Has decided that the expenditure for security projects is not necessary; (k)In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (l)Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan). CATEGORY 8. FORMULA GRANTS FOR RURAL AREAS. If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5311(b)(2)(C). Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. §5311(c)(2)(D). (a)The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— (1)Provides a fair distribution of amounts in the State, including Indian reservations; and (2)Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and (b)If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected Certifications and Assurances Fiscal Year 2026 14 intercity bus service providers, and the intercity bus service needs of the State are being met adequately. (c)If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— (1)It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and (2)It has determined that otherwise eligible local transit needs are being addressed. CATEGORY 9. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM. If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B). The applicant certifies that it: (a)Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, (b)Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award. (c)Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and (d)Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning). CATEGORY 10. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS. If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants), subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. §5339), the applicant must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively. Certifications and Assurances Fiscal Year 2026 15 If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants), subsection (b) (bus and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively. Making this certification will incorporate by reference the applicable certifications in Category 7 or Category 8. If the applicant will receive a competitive award under subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) related to zero emissions vehicles or related infrastructure, it must make the following certification. This certification is required by 49 U.S.C. § 5339(d). The applicant will use 5 percent of grants related to zero emissions vehicles (as defined in 49 U.S.C. § 5339(c)(1)) or related infrastructure under 49 U.S.C. § 5339(b) or (c) to fund workforce development training as described in section 49 U.S.C. § 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce; or the applicant certifies a smaller percentage is necessary to carry out that plan. CATEGORY 11. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS. If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 7, except that FTA has determined that (d), (f), (i), (j), and (k) of Category 7 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced. In addition to the certification in Category 7, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2). The applicant certifies that: (a)The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan; Certifications and Assurances Fiscal Year 2026 16 (b)The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; (c)To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and (d)If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis. CATEGORY 12. STATE OF GOOD REPAIR GRANTS. If the applicant will apply for an award under FTA’s State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, the asset management certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The certification with regard to acquiring restricted rail rolling stock is required by 49 U.S.C. §5323(u)(4). Note that this certification is not limited to the use of Federal funds. The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 CFR Part 625. If the applicant operates a rail fixed guideway service, the applicant certifies that, in the fiscal year for which an award is available to the applicant under the State of Good Repair Grants Program, 49 U.S.C. § 5337, the applicant will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in 49 U.S.C. § 5323(u)(1). CATEGORY 13. INFRASTRUCTURE FINANCE PROGRAMS. If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. §§601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 7 for the Urbanized Area Formula Grants Program, Category 9 for the Fixed Guideway Capital Investment Grants program, and Category 12 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o). Making this certification will incorporate the certifications in Categories 7, 9, and 12 by reference. Certifications and Assurances Fiscal Year 2026 17 CATEGORY 14. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 CFR § 655.83. The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655. CATEGORY 15. RAIL SAFETY TRAINING AND OVERSIGHT. If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 CFR §§ 672.31 and 674.39. The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are: (a)Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety Certification Training Program”; and (b)Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”. CATEGORY 16. DEMAND RESPONSIVE SERVICE. If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the following certification. This certification is required by 49 CFR § 37.77. The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics: (a)Response time; (b)Fares; (c)Geographic area of service; (d)Hours and days of service; Certifications and Assurances Fiscal Year 2026 18 (e)Restrictions or priorities based on trip purpose; (f)Availability of information and reservation capability; and (g)Any constraints on capacity or service availability. CATEGORY 17. INTEREST AND FINANCING COSTS. If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. §5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D). The applicant certifies that: (a)Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and (b)The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing. CATEGORY 18. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS. If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. § 5323(v). For information about standards or practices that may apply to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/. The applicant certifies that it has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2). CATEGORY 19. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT PROGRAMS). Before FTA may provide Federal assistance for an Award financed under either the Public Transportation on Indian Reservations Formula or Discretionary Program authorized under 49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant Certifications and Assurances Fiscal Year 2026 19 must select the Certifications in this Category, except as FTA determines otherwise in writing. Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications and Assurances Required of Every Applicant) and need not make any other certification, to meet Tribal Transit Program certification requirements. If an applicant will apply for any program in addition to the Tribal Transit Program, additional certifications may be required. FTA has established terms and conditions for Tribal Transit Program grants financed with Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant certifies that: (a)It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. (b)It has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award. (c)It will maintain its equipment and facilities acquired or improved under its Award, in accordance with its transit asset management plan and consistent with FTA regulations, “Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum feasible coordination with transportation service financed by other federal sources. (d)With respect to its procurement system: (1)It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for Awards made on or after December 26, 2014, (2)It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR §18.36, for Awards made before December 26, 2014, or (3)It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations. (e)It will comply with the Certifications, Assurances, and Agreements in: (1)Category 4.1 and 4.2 (Charter Service Agreement and School Bus Agreement), (2)Category 5 (Transit Asset Management Plan), (3)Category 6.1 and 6.2 (Rolling Stock Buy America Reviews and Bus Testing), (4)Category 8 (Formula Grants for Rural Areas), (5)Category 14 (Alcohol and Controlled Substances Testing), and (6)Category 16 (Demand Responsive Service). Certifications and Assurances Fiscal Year 2026 20 CATEGORY 20. EMERGENCY RELIEF PROGRAM. An applicant to the Public Transportation Emergency Relief Program, 49 U.S.C. § 5324, must make the following certification. The certification is required by 49 U.S.C. § 5324(f) and must be made before the applicant can receive a grant under the Emergency Relief program. The applicant certifies that the applicant has insurance required under State law for all structures related to the emergency relief program grant application. Certifications and Assurances Fiscal Year 2026 1 FEDERAL FISCAL YEAR 2026 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE PROGRAMS (Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant:_____________________________________________________ The Applicant certifies to the applicable provisions of all categories: (check here) _______. Or, The Applicant certifies to the applicable provisions of the categories it has selected: Category Certification 01 Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans 03 Tax Liability and Felony Convictions 04 Private Sector Protections 05 Transit Asset Management Plan 06 Rolling Stock Buy America Reviews and Bus Testing 07 Urbanized Area Formula Grants Program 08 Formula Grants for Rural Areas 09 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 10 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs 11 Enhanced Mobility of Seniors and Individuals with Disabilities Programs Certifications and Assurances Fiscal Year 2026 2 12 State of Good Repair Grants 13 Infrastructure Finance Programs 14 Alcohol and Controlled Substances Testing 15 Rail Safety Training and Oversight 16 Demand Responsive Service 17 Interest and Financing Costs 18 Cybersecurity Certification for Rail Rolling Stock and Operations 19 Tribal Transit Programs 20 Emergency Relief Program CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE AFFIRMATION OF APPLICANT Name of the Applicant: BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in the federal fiscal year, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it. The Certifications and Assurances the Applicant selects apply to each Award for which it now seeks, or may seek in the future, of federal assistance to be awarded by FTA during the federal fiscal year. The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. Signature Date: Certifications and Assurances Fiscal Year 2026 3 Name Authorized Representative of Applicant AFFIRMATION OF APPLICANT’S ATTORNEY For (Name of Applicant): As the undersigned Attorney for the above-named Applicant, I hereby affirm the Applicant has the authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it. I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award. Signature Date: Name Attorney for Applicant Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year. Certifications and Assurances :: Page 1 of 4 Overview Greetings! Thank you for helping DTR complete the annual Certifications and Assurances for FTA awards. Before FTA may award federal assistance for public transportation in the form of a federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre-award Certifications and Assurances are required. Read each Certification and Assurance and select those that will apply to any application for which you might seek federal assistance from FTA during the fiscal year listed. Please review the full list of Certifications and Assurances by before completing this form.clicking here DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a disability. If you require an alternative version of the files provided on this page, please contact .FTAWebAccessibility@dot.gov Certifications and Assurances FEDERAL CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature pages alternative to providing Certifications and Assurances in TrAMS) Agency: Estes Park, Town of Federal Fiscal Year: 2026 The Applicant agrees to comply with applicable provisions of Categories 01-20: (check this box and click Save to select all of the Categories listed below) All Applicable Provisions: The Applicant agrees to comply with applicable provisions of the Categories it has selected: (select all of the Categories that apply) Attachment 3 Certifications and Assurances :: Page 2 of 4 CATEGORY 1. Certifications and Assurances Required of Every Applicant: CATEGORY 2. Public Transportation Agency Safety Plans: CATEGORY 3. Tax Liability and Felony Convictions: CATEGORY 4. Private Sector Protections: CATEGORY 5. Transit Asset Management Plan: CATEGORY 6. Rolling Stock Buy America Reviews and Bus Testing: CATEGORY 7. Urbanized Area Formula Grants Program: CATEGORY 8. Formula Grants for Rural Areas: CATEGORY 9. Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program: CATEGORY 10. Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs: CATEGORY 11. Enhanced Mobility of Seniors and Individuals with Disabilities Programs: CATEGORY 12. State of Good Repair Grants: CATEGORY 13. Infrastructure Finance Programs: CATEGORY 14. Alcohol and Controlled Substances Testing: CATEGORY 15. Rail Safety Training and Oversight: CATEGORY 16. Demand Responsive Service: Certifications and Assurances :: Page 3 of 4 CATEGORY 17. Interest and Financing Costs: CATEGORY 18. Cybersecurity Certification for Rail Rolling Stock and Operations: CATEGORY 19. Public Transportation on Indian Reservations Formula and Discretionary Program (Tribal Transit Programs): CATEGORY 20. Emergency Relief Program: Affirmation : BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in federal fiscal year 2026, irrespective of whether the individual that acted on his or her Applicant's behalf continues to represent it. Authorized Representative: In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. True and Accurate Statement: Authorized Representative Name:Date Signed: Certifications and Assurances :: Page 4 of 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: Greg Muhonen, Civil Engineer II (Stormwater) Trevor Wittwer, Town Engineer Department: Public Works Department Date: May 12, 2026 Subject: Resolution 59-26 Termination of Memorandum of Understanding between the Town of Estes Park and the Uplands at Fish Creek PUD Association Type: Resolution Objective: Public Works (PW) staff seek Town Board approval of Resolution 59-26 which terminates the Memorandum of Understand (MOU) between the Town of Estes Park and the Uplands at Fish Creek PUD Association. Present Situation: The parcels within the Uplands at Fish Creek Planned Unit Development (Uplands) were originally developed with unincorporated Larimer County. In April of 2000, a Memorandum of Understanding was approved between the Town of Estes Park and the PUD Association to establish conditions for each party under a future annexation action. The deadline for annexation of October 1, 2000 specified in the MOU was extended by the Town Board to March 31, 2001. On March 20, 2001, the Town Board approved annexation of the Uplands property into the Town of Estes Park, subject to the terms and conditions contained in the MoU. Subsequent to the 2001 annexation, the Town discontinued the cooperative joint planning structure with Larimer County. Additionally, the Town has updated its public service delivery practices and funding for utilities, building permit inspections, roadway maintenance standards and funding, and stormwater drainage maintenance standards and funding. The existing MOU contains a number of provisions that are now considered redundant, obsolete, or inconsistent with the Town current practices for delivery of governmental services to Estes residents. These provisions result in inequitable obligations imposed upon the residents of the Uplands relative to other property owners within Estes Park. The MOU is no longer needed. Proposal: PW staff propose the Town Board terminate the MOU. Advantages: • Termination of the MOU delivers equitable responsibilities for equivalent public services for the property owners within the Uplands. • Termination of the MOU eliminates extra administrative staff time within multiple departments to learn and implement differing service deliveries to Uplands residents established over two decades ago. • Bringing drainage ditch maintenance under the authority of the Town’s Public Works Department facilitates coordinated planning and implementation of maintenance activities that impact both roadway and drainage infrastructure. Disadvantages: • Termination of the agreement moves the cost responsibility for stormwater drainage ditches within public rights of way to the Town taxpayers instead of the individual property owners within the Uplands. Action Recommended: Public Works staff recommend approval of Resolution 59-26. Finance/Resource Impact: Current Impact: There is no current cost impact associated with any deferred maintenance of the roadside ditches. Future Ongoing Impacts: Termination of the MOU will result in periodic cleaning of the roadside ditches and culverts. The cost of this work will be absorbed in the cost of delivering these same services for all public roads and driveways throughout Estes Park. Future One-Time Impacts: None known or anticipated. Level of Public Interest: Staff expects a low level of public interest in this item. Sample Motion: I move for the approval/denial of Resolution 59-26. Attachments: 1. Resolution 59-26 2.Letter Request from Uplands Homeowners Association RESOLUTION 59-26 Termination of Memorandum of Understanding between the Town of Estes Park and the Uplands at Fish Creek PUD Association WHEREAS, the Uplands at Fish Creek PUD Association has requested termination of the Memorandum of Understanding between the Town of Estes Park and the Association dated April 25, 2000; and WHEREAS, the Board concurs that the terms and obligations of the MOU are no longer needed to maintain delivery of equivalent public services to the property owners within the Uplands. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board declares the MOU is hereby terminated and is no longer binding upon the Town or the members of the Uplands at Fish Creek PUD Association. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 Attachment 2 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: Jacqueline Wesley, P.E., Project Manager Reuben Bergsten, Utilities Director Department: Utilities Department Date: May 12, 2026 Subject: Resolution 60-26 To Approve Additional Compensation For Mall Road Water Loop Construction Easements, $2,000 Budgeted Type: Resolution Objective: Amend Town Board authorization to increase easement compensation from the previously approved $13,000 to $15,000 to William Curren for an easement on Crocker Ranch that is required for the 12-inch watermain that is part of the Mall Road Waterline Looping Project. Present Situation: The Town Board previously authorized compensation for a permanent and a construction easement on Crocker Ranch for the installation of a new water main that completes the Mall Road Waterline Looping Project. Alternative routes are not practical and will significantly increase the construction cost. Mr. Curren requires additional compensation to cover his legal costs for another review of the final easement and adjustment in the final language that was deemed acceptable to the Town. Proposal: This project is critical to improve water quality and interconnect the Town’s water system along the east side of Lake Estes. The additional compensation required by Mr. Curren is to cover the legal costs of his attorneys to complete additional easement reviews and advise Mr. Curren regarding the final easement language. Executing this easement will allow the Town to proceed with construction of this critical capital project. Advantages: • Granting this additional compensation allows the Town to complete the easement agreement and start construction this year. If condemnation is required to obtain the easement, the total cost is expected to be greater than the requested easement compensation and there will be a delay in this critical project. Disadvantages: • Potential additional compensation requests for any other infrastructure installation required by the Town; however, the easement agreement includes fiber optic and water with other utilities not anticipated at this time. Action Recommended: Staff request the Town Board approve the $2,000 in additional compensation requested by Mr. Curren so the Town may install this critical infrastructure. Finance/Resource Impact: Current Impact: 503-7000-580.35-54 MALLRO, $2,000 expenditure, $3,912,152.21 available budget as of April 6, 2026 Future Ongoing Impacts: None anticipated. Future One Time Impacts: None anticipated. Level of Public Interest: Low Sample Motion: I move for the approval/denial 60-26. Attachments: 1. Resolution 60-26 To Approve Additional Compensation to William Curren for a Construction Easement and a Permanent Waterline Easement 2. Grant of Waterline Easements 3. Exhibit A Property Description 4. Grant of Temporary Easement 5. Exhibit A Temporary Easement 6. Resolution 02-26 Approving Compensation for Mall Road Water Loop Construction Easements RESOLUTION 60-26 TO APPROVE COMPENSATION FOR MALL ROAD WATER LOOP CONSTRUCTION EASEMENTS WHEREAS the Town Board has approved the design and construction of the Mall Road Waterline per Resolutions 07-24, 83-25 and 104-25; and WHEREAS, the identified best route for the pipeline requires use of APC Crocker Ranch LLC property; and WHEREAS, the property owners requested compensation for legal and administrative costs associated with the grant of easement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: hereby approves compensation for Exhibit A and B, grants of easements and authorizing staff to execute the final easement agreements with the property owner. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 GRANT OF WATERLINE EASEMENT THIS GRANT OF WATERLINE EASEMENT is made this ____ day of ________________, 2026, by and between ____________________________________ (“Grantor”), whose address is ___________________________________________, and the TOWN OF ESTES PARK, COLORADO, a Colorado municipal corporation (“Town”). WITNESSETH: FOR GOOD AND VALUABLE CONSIDERATION, the adequacy and receipt of which is hereby acknowledged, Grantor has this day bargained, sold, conveyed, transferred, and delivered unto the Town, its successors, and assigns, in perpetuity, an easement in, over, under, through, and across the real property described below for purposes of constructing, repairing, replacing, relocating, inspecting, operating, maintaining, marking by suitable markers set and maintained in the ground, and accessing Town-owned utility systems across, through, upon, over and under the real property described below; provided, however, that the Town shall make every effort reasonable to restore the ground surface to its prior condition after any disturbance of such surface. The term “Town-owned utility systems,” as used herein, shall include above and below ground wires, lines, cables, ducts, conduits, pipes, pumps, pedestals, risers, poles, vaults, culverts, inlets and any other equipment, appurtenances, and structures necessary for a waterline and fiber optic cables that are owned and operated by the Town. The Town shall have the right to enter upon said premises, survey, construct, maintain, operate, control and use said Town-owned utility facilities systems and to remove any objects interfering therewith, including reestablishing drainage contours, trimming and removal of bushes, trees and other vegetation. The Town acknowledges that Grantor’s real property is a working cattle ranch and the Town shall reasonably accommodate Grantor’s livestock and Grantor’s other uses of its real property. The Grantor reserves the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges above granted. The easement hereby granted, situated in Larimer County, Colorado, is described as follows: Exhibit A – Easement Description AND Granting Property Legal Description Exhibit B – Easement Drawing TO HAVE AND TO HOLD said easement unto the Town, its successors, and assigns forever. Grantor does hereby covenant with the Town that it is lawfully seized and possessed of the real property above described, that it has a good and lawful right to convey the easement herein granted, that the easement is free and clear of all liens and encumbrances, and that it will forever warrant and defend the title thereto against lawful claims of all persons whomsoever. The provisions of this Grant of Waterline Easement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party of the source of the language in question. None of the terms or conditions in this Grant of Easement shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Any person Attachment 2 other than the Grantee or the Grantor receiving services or benefits under this Grant of Waterline Easement shall be only an incidental beneficiary. This Grant of Waterline Easement is an integration of the entire understanding of the parties with respect to the matters stated herein. The parties shall only amend this Grant of Waterline Easement in writing with the proper official signatures attached hereto. No waiver of any breach or default under this Grant of Waterline Easement shall be a waiver of any other or subsequent breach or default. This Grant of Waterline Easement shall be governed and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, Grantor has executed this Grant of Waterline Easement the day and year first above written. GRANTOR: By: Print Name: Title: State of __________________ ) ) ss County of ________________ ) Acknowledged before me this ____ day of ___________, 2026, by _______________________ as _____________________ of Grantor. Witness my hand and seal. My commission expires: ____________________. (S E A L) Notary Public TOWN OF ESTES PARK: By: Print Name: Title: Attachment 3 GRANT OF TEMPORARY EASEMENT THIS GRANT OF TEMPORARY EASEMENT is made this ____ day of ________________, 2026, by and between ____________________________________ (“Grantor”), whose address is ___________________________________________, and the TOWN OF ESTES PARK, COLORADO, a Colorado municipal corporation (“Town”). WITNESSETH: FOR GOOD AND VALUABLE CONSIDERATION, the adequacy and receipt of which is hereby acknowledged, Grantor has this day bargained, sold, conveyed, transferred, and delivered unto the Town, its successors, and assigns, a temporary easement in, over, under, through, and across the real property described below to provide construction access for purposes of constructing, repairing, replacing, relocating, inspecting, operating, maintaining, marking by suitable markers set and maintained in the ground, and accessing Facilities, as described below; provided, however, that the Town shall make every effort reasonable to restore the ground surface of the real property to its prior condition after any disturbance of such surface. The easement shall begin on the date set forth above and shall terminate on December 31, 2027. The term “Facilities,” as used herein, shall include underground water pipeline, fiber optic cable, and associated appurtenances including but not limited to fittings, encasement, valves, and restraints. The Town acknowledges that Grantor’s real property is a working cattle ranch and the Town shall reasonably accommodate Grantor’s livestock and Grantor’s other uses of its real property. As part of this Grant of Temporary Easement, Grantor grants the Town the right to enter upon said premises, survey, construct, maintain, operate, control and use said Facilities and to remove any objects interfering with construction access, including reestablishing drainage contours, trimming and removal of bushes, trees and other vegetation. The easement hereby granted, situated in Larimer County, Colorado, is described as follows: Exhibit A – Easement Description AND Granting Property Legal Description Exhibit B – Easement Drawing TO HAVE AND TO HOLD said easement unto the Town, its successors, and assigns. Grantor does hereby covenant with the Town that it is lawfully seized and possessed of the real property above described, that it has a good and lawful right to convey the easement herein granted, that the easement is free and clear of all liens and encumbrances, and that it will forever warrant and defend the title thereto against lawful claims of all persons whomsoever. The provisions of this Grant of Temporary Easement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party of the source of the language in question. None of the terms or conditions in this Grant of Temporary Easement shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Attachment 4 Any person other than the Grantee or the Grantor receiving services or benefits under this Grant of Temporary Easement shall be only an incidental beneficiary. This Grant of Temporary Easement is an integration of the entire understanding of the parties with respect to the matters stated herein. The parties shall only amend this Grant of Temporary Easement in writing with the proper official signatures attached hereto. No waiver of any breach or default under this Grant of Temporary Easement shall be a waiver of any other or subsequent breach or default. This Grant of Temporary Easement shall be governed and construed in accordance with the laws of the State of Colorado. The terms of this Grant of Temporary Easement which would naturally survive its expiration shall survive, including without limitation the Grantor’s obligation to indemnify. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement the day and year first above written. GRANTOR: By: Print Name: Title: State of __________________ ) ) ss County of ________________ ) The foregoing instrument was acknowledged before me by , as of Grantor, this day of , 2026. Witness my hand and official Seal. My commission expires: ____________________. Notary Public TOWN OF ESTES PARK: By: Print Name: Title: Attachment 5 RESOLUTION 02-26 APPROVING COMPENSATION FOR MALL ROAD WATER LOOP CONSTRUCTION EASEMENTS WHEREAS the Town Board has approved and appropriated funds for the design and construction of the Mail Road Waterline per Resolutions 07-24, 83-25 and 104-25; and WHEREAS, the best route for the pipeline requires the obtaining of temporary construction and a permanent easement through a portion ofAPC Crocker Ranch LLC property; and WHEREAS, the property owner requested compensation for its legal and administrative costs associated with the grant of easements in the amount of $13,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Town Board hereby approves compensation to the property owner in the amount of $13,000 for the granting of the temporary construction and the permanent easements; and authorizes staff to execute the final easements with the property owner. DATED this 13th day of January, 2026. ATTEST: TOWN OF ESTES PARK May 3 ^ Toyi^p Clerk APPROVED AS TO FORM: d. U JU^ Spe^iall Counsel Attachment 6 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: May 12, 2026 Subject: Estes Valley Crisis Advocates Base Funding Report Objective: The Estes Valley Crisis Advocates received $29,000 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. Micehlle V Fanucchi, PhD Program Director & Law Enforcement Liaison Michelle V. Fanucchi, PhD Program Director & Law Enforcement Liaison ToEP Basefunding 5/12/2026 Attachment 1 MISSION EVCA is committed to ending violence for all victims of crime and trauma, including domestic violence and sexual assault survivors. We promote empowerment and healing through crisis counseling, referrals, community education, and safe housing. What We Do DV Shelter Unattended Deaths Crime Victim Services ●3-Bedroom / 2-bath ●Playroom ●Kitchen ●Common Room ●Laundry Room ●Nonviolent Living Space ●ALL DV victims/families Domestic Violence Shelter Domestic Violence Crime Victim Services ●Self-Referrals ●Law Enforcement Referrals ●Legal System Navigation ●Victim Rights Notifications ●Victims Compensation Applications ●ALL Residents, Visitors, Workers in the Estes Valley Crime Victim Services ●Unexpected ●Loved one left behind ●Not under care of medical/hospice ●Residents/tourists ●Explain process ●Help determine next steps Unattended Deaths Unattended Deaths On Scene Response Partners •Estes Park Police Department •Larimer County Sheriff’s Office (District 6) •Estes Valley Fire •UCHealth Estes Valley Medical Center •Rocky Mountain National Park 74% 16% 7%3% Women Men Children Not Reported/Other 2025 Organizational Data January 1, 2025-December 31, 2025 Demographics of Clients Served 479 Clients 986 Safe Shelter Nights 1,522 Client Contacts 3,973 Volunteer Hours by Board Members and Volunteer Advocates Victimization Breakdown 2025 0 100 200 300 Jan-March April-June July-Sept Oct-Dec YEAR INCOME EXPENSES ToEP Funding (percent of expenses) 2024 $526,067 $540,287 $24,000 (4.4%) 2025 $517,145 $515,528 $29,000 (5.6%) 2026*$366,102 $411,988 $29,000 (7.0%) FUNDING TRENDS *Projected BALANCING THE BUDGET POSITION 2024 hr/wk 2025 hr/wk 2026 hr/wk Exec Director 40 38 36 Prog Director 40 38 36 Safe House Coordinator 36 34 28 Weekend/After Hours Advocate 36 34 28 Bilingual Advocate 36 34 28 Client Resource/Advocate 36 36 36 Total Hours Reduced/year __520 Hours 1144 Hours CRISIS ADVOCATES ON CALL 24/7 We respond to calls no matter what time of day, the weather, or holidays Quietly serving our community Office: 970-577-9781 Text line: 513-970-3822 After Hours: 970-586-4000 (ask for the on-call advocate) www.crisisadvocates.org Julie Mowat, Chair Alison Gilbert, Vice Chair Ania Graca-Leahy, Secretary Gregg Jurgens, Finance Chair Mary Liz Adair Linda Metzler Mike Nilsen Harriette Woodard Ian Stewart, Estes Park Police Department Joe Shellhammer, Larimer County Sheriff’s Office Donna Mast, Financial Trustee 479 C LIENTS SERVED 82.9% 17.1% 1,522 C LIENT CONTACTS 57.8% 15.1% 12.2% 9.3% 5.6% 986 S AFE SHELTER NIGHTS PROVIDED T OTAL EXPENSES 3973 V OLUNTEER HOURS BOARD OF DIRECTORS $515,528 ANNUAL REPORT SUMMARY2 0 2 5 ALL SERVICES PROVIDED FREE TO CLIENTS! BY THE NUMBERS T OTAL INCOME Diana David Brown, Executive Director Michelle V. Fanucchi, Program Director/LE Liaison Kathy Park, Safehouse Coordinator Anna Jones, Client Resource Manager Mayra Rodriguez, Community Outreach Advocate Deb Coombs, Crisis Advocate Nancy Warzecha, Volunteer Fundraiser Marcy and Rachel, Volunteer Advocates STAFF PO BOX 3822 ESTES PARK, COLORADO 80517 970-577-9781 C RISISADVOCATES.ORG $517,145 CommunityGrants/Foundations Town of Estes Park Board ofDirectorsFundraisers Federal &State Funding ESTES VALLEY CRISIS ADVOCATES IndividualDonors OperatingExpenses Personnel Attachment 2 W H O C A N U S E O U R S E R V I C E S ? A n y o n e w h o l i v e s , w o r k s i n o r v i s i t s t h e E s t e s V a l l e y C o m m u n i t y . W e a r e a n a c c e p t i n g a n d w e l c o m i n g s p a c e . W H A T T Y P E O F V I C T I M S D O W EASSIST? W e s e r v e A L L v i c t i m s o f t r a u m a o r c r i s i s , i n c l u d i n g , b u t n o t l i m i t e d t o : D o m e s t i c V i o l e n c e • S e x u a l A s s a u l t • A t -R i s k Y o u t h & A d u l t s • S t a l k i n g • S u d d e n &U n a t t e n d e d D e a t h • A s s a u l t • A c c i d e n t s : V e h i c l e /D r o w n i n g /C l i m b i n g • S u i c i d e S u r v i v o r s • E m o t i o n a l C r i s e s • S e c o n d a r y T r a u m a • H a t e C r i m e s • H u m a n T r a f f i c k i n g • H a r a s s m e n t • E l d e r A b u s e • R o b b e r y • A r s o n H O W M U C H D O S E R V I C E S C O S T ? A L L S E R V I C E S A R E F R E E A N D C O N F I D E N T I A L Mission Statement: EVCA is committed to ending violence for all victims of crime and trauma including domestic violence and sex assault survivors. We promote empowerment and healing through crisis counseling, referrals, community education and safe housing. M Y S I S T E R 'S P L A C E S A F E H O U S E A s a f e h o u s e f o r i n d i v i d u a l s a n d t h e i rchildren t o f i n d r e f u g e f r o m d o m e s t i cviolence a t a c o n f i d e n t i a l l o c a t i o n . W H A T I S C R I S I S C O U N S E L I N G ? P r o v i d i n g s u p p o r t , s t r u c t u r e , i n f o r m a t i o n ,a n d s a f e t y p l a n n i n g f o r i n d i v i d u a l s t o c l a r i f ytheir s i t u a t i o n a n d d e v e l o p t h e i r o w nsolutions. W e p r o v i d e r e f e r r a l s t o m e n t a lhealth c o u n s e l i n g . 2 4 /7 C R I S I S L I N E (9 7 0 ) 5 7 7 -9 7 8 1After H o u r s : (9 7 0 ) 5 8 6 -4 0 0 0ask f o r a n A d v o c a t e w w w .c r i s i s a d v o c a t e s .o r g 2025 Community Outreach & Partners W H A T W E D O P O B O X 3 8 2 2 E S T E S P A R K , C O L O R A D O 8 0 5 1 7 9 7 0 -5 7 7 -9 7 8 1 C R I S I S A D V O C A T E S .O R G E s t e s P a r k P o l i c e D e p a r t m e n t L a r i m e r C o u n t y S h e r i f f ’s O f f i c e R o c k y M o u n t a i n N a t i o n a l P a r k E s t e s P a r k H e a l t h E s t e s V a l l e y F i r e P r o t e c t i o n D i s t r i c t P i n e w o o d S p r i n g s F i r e D e p a r t m e n t T o w n o f E s t e s P a r k E s t e s P a r k B o a r d o f R e a l t o r s E s t e s P a r k N e w c o m e r ’s C l u b E s t e s P a r k N o n p r o f i t N e t w o r k E s t e s P a r k W o m a n ’s C l u b E V I C S F a m i l y R e s o u r c e C e n t e r E s t e s P a r k B e h a v i o r a l H e a l t h G r o u p E s t e s V a l l e y R e s t o r a t i v e J u s t i c e P a r t n e r s h i p C r o s s r o a d s A s s i s t a n c e M i n i s t r y V i l l a g e T h r i f t S h o p L a r i m e r C o u n t y E m e r g e n c y O p e r a t i o n s C e n t e r H e a l t h & M e d i c a l B r a n c h P a m L e i t n e r F u n d r a i s e r s N o o n R o t a r y D u c k R a c e S u n r i s e R o t a r y L a r i m e r C o u n t y D e p t . H u m a n S e r v i c e s E s t e s P a r k U n i t e d M e t h o d i s t C h u r c h P r e s b y t e r i a n C h u r c h o f T h e R o c k i e s S t . B a r t h o l o m e w ’s E p i s c o p a l C h u r c h E s t e s P a r k B o a r d o f R e a l t o r s E s t e s P a r k N e w c o m e r ’s C l u b E s t e s P a r k P E O C h a p t e r s H F a n d I S E P P D S a f e t y F a i r E s t e s P a r k C o m m u n i t y R e s o u r c e F a i r R o o f t o p R o d e o B o h e m i a n F o u n d a t i o n E l P o m a r F o u n d a t i o n N o r t h e r n C o l o r a d o F o u n d a t i o n H a p p y G i r l P r o j e c t L o c a l M e d i a : E s t e s P a r k T r a i l G a z e t t e /E s t e s P a r k N e w s /E s t e s V a l l e y V o i c e Colorado Victim Rights As a victim (or in some instances, a member of the victim’s family), your rights are guaranteed by the Colorado Constitution. Too often, people feel victimized by the criminal defendant and the legal system. Assisting you in understanding your rights and helping you exercise these rights is a top priority. In 1992, Colorado voters passed an amendment to the Colorado Constitution giving victims of violent crime specific rights within the community justice system. The Legislative declaration of the Victim Rights Act (C.R.S. 24-4.1-301) states: The general assembly hereby finds and declares that the full and voluntary cooperation of victims of and witnesses to crimes with state and local law enforcement agencies as to such crimes is imperative for the general effectiveness and well-being of the community justice system of this state. It is the intent of this part 3, therefore, to assure that all victims of and witnesses to crimes are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded criminal defendants. Additional Information: Law enforcement agencies have the responsibility to provide victims of crime with written information about: • The rights enumerated in the Victim Rights Act; • The availability of financial resources such as victim compensation benefits and how to apply for those benefits; • The availability of protective court orders in order to obtain protection from the person accused of committing the crime; and • The availability of a free copy of the initial incident report. Law enforcement maintains discretion to determine when the initial incident report can be released to the victim. In addition, law enforcement agencies are required to: Attachment 3 • Provide information about community services such as crisis intervention services, victim assistance resources, legal resources, mental health services, financial services, applicable protection services, and other support services; • Provide information about interpretation services, assistance in dealing with creditors due to financial setbacks caused by the crime and childcare to enable a crime victim to cooperate with the prosecution; • Provide the victim of crime with the business address and telephone number of the district attorney’s office, the file number of the case and the name, business address and telephone number of any law enforcement officer assigned to investigate the case; • Keep the victim of crime informed as to whether a suspect has been taken into custody, whether the suspect has been released from custody, any bond conditions imposed upon the suspect, register the victim for notification from the jail of an escape, release, transfer or death of the suspect; • Update the victim on the status of the case, prior to the filing of charges; • Upon the request of the victim, return the victim’s property within 5 working days when it is no longer needed for evidentiary reasons; • Inform the victim of the existence of the criminal protection order and upon the request of the victim, the procedure for modifying the protection order if a procedure exists; • Inform victims of the offender’s change of status from jail; • Inform victims of crime about decisions not to file charges in misdemeanor cases; • Inform all victims of cold cases of any change in the status of the case; and • Upon request, provide victims of cold cases for which the crime has a statute of limitations of longer than three years with an annual update concerning the status of the case; • Provide information on forensic medical evidence that has not resulted in a conviction or a guilty plea, upon request of the victim. Last Updated: June 2025 CRIMES THAT FALL UNDER COLORADO’S VICTIM RIGHTS ACT Murder in the first degree, in violation of section 18-3-102; Murder in the second degree, in violation of section 18-3-103; Manslaughter, in violation of section 18-3- 104; Criminally negligent homicide, in violation of section 18-3-105; Vehicular homicide, in violation of section 18-3-106; Assault in the first degree, in violation of section 18-3-202; Assault in the second degree, in violation of section 18-3-203; Assault in the third degree, in violation of section 18-3-204; Vehicular assault, in violation of section 18-3-205; Menacing, in violation of section 18-3-206; First degree kidnapping, in violation of section 18-3-301; Second degree kidnapping, in violation of section 18-3-302; (I) Sexual assault, in violation of section 18-3-402; (II) Sexual assault in the first degree, in violation of section 18-3-402, as it existed prior to July 1, 2000; Sexual assault in the second degree, in violation of section 18-3-403, as it existed prior to July 1, 2000; (I) Unlawful sexual contact, in violation of section 18-3-404; or (II) Sexual assault in the third degree, in violation of section 18-3-404, as it existed prior to July 1, 2000; Sexual assault on a child, in violation of section 18-3-405; Sexual assault on a child by one in a position of trust, in violation of section 18- 3-405.3; Sexual assault on a client by a psychotherapist, in violation of section 18- 3-405.5; Invasion of privacy, in violation of section 18-7-801 Invasion of privacy for sexual gratification, in violation of section 18-3-405.6; Robbery, in violation of section 18-4-301; Aggravated robbery, in violation of section 18-4-302; Aggravated robbery of controlled substances, in violation of section 18-4- 303; Incest, in violation of section 18-6-301; Aggravated incest, in violation of section 18-6-302; Child abuse, in violation of section 18-6- 401; Sexual exploitation of children, in violation of section 18-6-403; Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5- 103; Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in section 18-6-800.3; Last Updated: June 2025 An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3; Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, pursuant to section 18-6-801; Stalking, in violation of section 18-3-602 or 18-9-111(4); A bias-motivated crime, in violation of section 18-9-121; False Reporting of an emergency in violation of section 18-8-111 that is bias- motivated crime as defined in section 18-9- 121(2); Harassment – ethnic intimidation 18-9- 111(2) (effective 6/28/21) Careless driving, in violation of section 42- 4-1402, that results in the serious bodily injury or death of another person; Failure to stop at the scene of an accident, in violation of section 42-4-1601, where the accident results in the death or serious bodily injury of another person; Any criminal attempt, as described in section 18-2-101, any conspiracy, as described in section 18-2-201, any criminal solicitation, as described in section 18-2- 301, and any accessory to a crime, as described in section 18-8-105, involving any of the crimes specified in 24-4.1- 302(1); Intimidating a witness or a victim, in violation of section 18-8-704; Retaliation against a witness or victim, in violation of section 18-8-706, Retaliation against a judge or elected official, in violation of section 18-8-615, Retaliation against a juror, in violation of section 18-8- 706.5; Retaliation against a prosecutor, in violation of section 18-8-616; Aggravated intimidation of a witness or a victim, in violation of section 18-8-705; Tampering with a witness or victim, in violation of section 18-8-707; Indecent exposure, in violation of section 18-7-302; or Violation of a protection order issued under section 18-1-1001, against a person charged with committing sexual assault, in violation of section 18-3-402, sexual assault on a child, in violation of section 18-3-405, sexual assault on a child by one in a position of trust, in violation of section 18- 3-405.3, sexual assault on a client by a psychotherapist, in violation of section 18- 3-405.5, or stalking in violation of section 18-3-602; Human trafficking, in violation of section 18-3-503 or 18-3-504; First degree burglary, in violation of section 18-4-202; Second degree burglary of a dwelling, in violation of section 18-4-203 (effective 3/2022) First degree arson, in violation of section 18-4-102 Child prostitution, in violation of section 18-7-401.; Soliciting for child prostitution, in violation of section 18-7-402; Procurement of a child for sexual exploitation, in violation of section 18-6- 404; Pimping of a child, in violation of section 18-7-405; Inducement of child prostitution, in violation of section 18-7- 405.5; or Patronizing a prostituted child, in violation of section 18-7-406. Posting a private image for harassment in violation of section 18-7-107 or posting a private image for pecuniary gain in violation of section 18-7-108; YOUR RIGHTS AS A VICTIM OF CRIME OFFICE: 970-577-9781 AFTER HOURS HOTLINE: 970-586-4000 Ask to Speak to the On-Call Advocate Available 24/7 CRISISADVOCATES.ORG info@crisisadvocates.org Text line (nonemergency): 513– 970-3822 PO BOX 3822, Estes Park, CO 80517 If you are a vicƟm of a crime listed inside, you have rights guaranteed by the State of Colorado. This brochure is designed to help you Updated 7/2024 COLORADO VINE Receive an alert any me your offender’s custody status changes. Fast/Free/ Completely Anonymous Register Today: 888-263-8463 or www.vinelink.com Colorado VINE is a proac ve no ficaon system that sends you an automa c alert any me an offender’s custody status changes. Colorado VINE informa on is available to you 24 hours a day, seven days a week, 365 days a year. You will be no fied about the release, transfer, escape or death of an offender by phone, email, text and/or TTY. DO NOT depend solely on the VINE ser- vice for your protec on, If you feel that you may be at risk, take precau ons as if the offender has already been released. GRIEVANCES As a vic m of a violent crime, you have certain Cons tu onal and statutory rights. These rights are listed on the brochure. If you feel that your rights are not honored, you may file a complaint to: Division of Criminal JusƟce 700 Kipling Street, Suite 1000 Denver, CO 80215 FOR YOUR RECORDS Agency: Case# Defendant/Suspect: Offense/Incident/Charges: Ini al Repor ng Officer(s): Follow-up Inves gator: Vic m Advocate: Notes: ESTES VALLEY CRISIS ADVOCATES SERIVCES Estes Valley Crisis Advocates (EVCA) is a non-profit agency in Estes Park, Colorado providing 24/7 on- scene crisis advocacy and follow up to victims of crime and trauma. EVCA provides outreach ser- vices including information and referrals, in-person advocacy and crisis counseling, and hosts training/ educational presentations for the Estes Valley Com- munity. EVCA operates a 24/7 Domestic Violence safehouse for men, women, and child survivors. All services are 100% free and confidential. WHEN A TRAUMATIC INCIDENCE OCCURS Your life will be changed, whether you are a victim or a family member of a victim. Some of the normal reactions that you may experience: Shock and disbelief Depression, anger, anxiety Difficulty concentrating Withdrawal, isolation Heightened awareness, fears Confusion, numbness, guilt A sense of helplessness Problems trusting others Mood swings, inability to sleep Loss of appetite, physical pain Other physical/emotional changes We want you to ask questions if you don’t under- stand the terms used by law enforcement officers, or what stages normally occur in the investigation and prosecution of a criminal case. You may contact EVCA to help answer your questions. Estes Valley & Larimer County Services Estes Park Police Department………………………..911 Estes Park Non Emergency Dispatch……...970-586-4000 Estes Valley Crisis Advocates………………970-577-9781 Larimer County Sheriff’s Office……………..970-416-1985 Victim Witness Team………..…...970-498-5149 Colorado State Patrol………………………..303-239-4501 District 3 Victim Advocate…...…. 970-302-1042 Larimer County Detention Center (Jail)……970-498-5200 Larimer County DA’s Office...……………….970-498-7200 Victim/Witness Specialists……....970-498-7200 Boulder County DA’s Office………………...303-441-3700 Victim/Witness Specialists……....303-441-3700 Larimer County Coroner’s Office…………...970-498-6161 Area Safe Shelter Services My Sister’s Place– Estes Valley…………….970-577-9781 Alternatives to Violence Loveland……...…..970-669-5150 A Woman’s Place Greeley…………………..970-356-4226 Crossroads Safehouse Fort Collins………..970-482-3502 Safe Shelter of St. Vrain Valley-Longmont..303-444-2424 Area Community Services Crossroads Ministry of EP..…………………970-577-0610 Estes Valley Investment in Childhood Success (EVICS)..…..970-586-3055 Estes Valley Restorative Justice……….…..970-577-3829 SAVA (Sexual Assault)…………….………..970-472-4200 Alliance for Suicide Prevention……………..970-482-2209 The Trevor Project (LGBTQ)………...…..1-866-488-7386 National Crisis Lifeline……………...………………..988 Area Services: Medical/Mental Health Estes Park Health…………………………….970-586-2317 Salud Family Health Center…………………970-484-0999 SummitStone Health Partners…..………970-494-4200 x4 VICTIMS RIGHTS ACT TYPES OF CRIMES: The Constitution of the State of Colorado and the laws of this State guarantee rights to victims of the following crimes. If the victim is deceased or incapacitated, these rights are guaranteed to the victim’s spouse, parent, child, sibling, grandparent, significant other or lawful representa- tive. Murder Manslaughter Negligent Homicide Vehicular Homicide Assault 1st, 2nd, 3rd degree Vehicular Assault Menacing Kidnapping 1st, 2nd degree Sexual Crimes including Child Sex Crimes Invasion of Privacy Robbery including Aggravated Child Abuse/Incest Crimes Against At-Risk Adults or Juveniles Domestic Violence Stalking Harassment including Posting Private Images Bias-Motivated Crimes/Ethnic Intimidation Careless Driving that results in death of another Intimidation of victim/witness Retaliation against judge/elected official/juror/prosecutor Tampering with a victim/witness Violation of a Protection Order for a Sex Offense/DV Human Trafficking (including children) Burglary 1st, 2nd degree Arson 1st degree Child Prostitution Any attempt, or criminal attempt, conspiracy, or accessory to any of the above crimes YOU HAVE THE RIGHT TO: Be treated with fairness, respect, and dignity; Be present at specified critical stages in the criminal justice process; Information on all charges filed; Be notified of any change in the status of the accused; Have Input into decisions regarding plea bargains, dismissals or other dispositions, sentencing and parole hearings; Restitution or civil remedy; Timely notification of all court dates; To be kept informed as to whether a suspect has been taken into custody, and if known, whether the suspect has been re- leased from custody, any bond conditions imposed upon the suspect, and informed if the suspect has escaped, been re- leased, transferred or if the suspect has expired; Prevent any party at any court proceeding from compelling testimony regarding a victims address, telephone number, place of employment, or other locating information; Receive prompt return of property when it is no longer needed as evidence; Notification of all case dispositions or appeals; Instruction on community resources and other information that will assist recovery; Be provided with appropriate employer intercession services regarding court appearances and meetings with criminal justice officials; After conviction of a crime, upon written request from the victim; state or local correctional authorities will notify the victim of critical stages; Be informed of the existence of the criminal protection order and upon request of the victim, the procedure for modifying the protection order if a procedure exists; Have the victim’s social security number redacted or excluded from criminal justice documents when records are released to someone other than the victim, a criminal justice agency, or the defendant’s attorney of record. For a full listing of your Victim Rights please visit https://dcj.colorado.gov/dcj-offices/ovp/vra CRITICAL STAGES The following are critical stages in the criminal justice process designated in the Crime Victims Rights Act. Some of these may not happen in your case: Bond Hearing; Bond Reduction or Modification Arraignment Motions Hearing Disposition Trial Sentencing or Modification of Sentence Appellate Review Post conviction DNA Testing Sentence Reconsideration Probation Revocation Attack of Judgement Subpoena of victim’s records (medical, mental, educational or victim compensation) VICTIMS OF CRIME have the following responsibili es: Keep appropriate criminal justice authorities informed of their or their representative's name, address, email address, and tele- phone, and any changes in this information To request that the correction officials keep their address, tele- phone, place of employment and other personal information confidential. VICTIM COMPENSATION If you are the victim of one of the listed crimes, you may qualify for financial assistance from the Victim Compensation Fund. This fund consists of money provided through fees levied against persons convicted of felonies, misdemeanors and certain traffic offenses. Persons who are victims of the crimes listed in this brochure can apply to the fund, and may be eligible to have cer- tain costs associated with the crime committed against them paid for. To be eligible, the crime must be reported to law enforcement authorities and you must fully cooperate with prosecution. For further information, contact the Victim Compensation Unit at the District Attorney's Office at 970-498-7290, or go to the web- site, https://www.larimer.org/da/vicwit/compensation 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: Finance Director Zimmerman Department: Finance Date: May 12, 2026 Subject: Ordinance 08-26 Amending Chapter 3.08 of the Estes Park Municipal Code to Exempt Certain Hygiene Products from Town Sales Tax Type: Ordinance Objective: Review, discuss, and adopt proposed amendment to Town of Estes Park Municipal Code to exempt certain period and incontinent products from Town sales tax. Present Situation: At the March 24, 2026, Town Board Study Session, the Board provided direction to move forward with adopting Exemption S (diapers and incontinence products) and Exemption T (period products), with a proposed effective date of July 1, 2026. The intent is to reduce the cost of essential goods and support community members and families. In 2022, the State of Colorado adopted House Bill 22-1055, which eliminated the 2.9% state sales tax on period products and diapers and authorized local governments to opt into similar exemptions. The Town’s 5% sales tax currently applies to these items; adoption of the proposed exemptions would further reduce costs for consumers. Proposal: Exemptions S and T are increasingly viewed as addressing essential goods that disproportionately impact women and families. Adoption of Ordinance No. 08-26 would implement these exemptions and is estimated to reduce General Fund revenue by approximately $15,000–$20,000 annually (about $14,000 attributable to Exemption S and $4,000 to Exemption T, based on conservative estimates). The Town has met or exceeded revenue projections over the past two fiscal years, and this revenue reduction is not anticipated to create a significant financial impact. Advantages: • Supports the Town’s commitment to a family-friendly community • Provides modest but meaningful cost savings on essential items • Reduces a tax burden often viewed as inequitable for women and families • Aligns with State policy and actions taken by other Colorado municipalities Disadvantages: • Reduces General Fund sales tax revenue available for Town services and capital projects Action Recommended: Staff recommends approval of Ordinance 08-26 to adopt sales tax exemptions S and T. To meet the July 1, 2026 effective date, the Colorado Department of Revenue requires receipt of a signed ordinance at least 45 days in advance. Finance/Resource Impact: Estimate that impact will be less than 1% of budgeted revenue. The Town of Estes Park is a statutory municipality, meaning it does not collect its own sales tax directly. Instead, all sales tax is remitted through the Colorado Department of Revenue. Total sales tax is 8.95%. Approximately 72% of the Town’s General Fund revenues are derived from sales tax. The total sales tax rate within the Town of Estes Park is 8.95%, consisting of: • 5.0% Town of Estes Park • 2.9% State of Colorado • 1.05% Larimer County The Town’s General Fund retains 4% of the Town’s sales tax, and the 2026 budget includes $18,284,538 in projected sales tax revenue. Level of Public Interest: Item was initiated by Finance Department in conjunction with other discussions regarding sales tax. Public interest is currently unknown. Sample Motion: I move for the approval/denial of Ordinance 08-26. Attachments: 1. Ordinance 08-26 2. Presentation ORDINANCE NO. 08-26 AN ORDINANCE AMENDING CHAPTER 3.08 OF THE ESTES PARK MUNICIPAL CODE TO EXEMPT CERTAIN HYGIENE PRODUCTS FROM TOWN SALES TAX WHEREAS, the Town of Estes Park levies a sales tax under section 3.08.160 of the Municipal Code; and WHEREAS, the Board of Trustees desires to exempt from this sales tax certain hygiene products, as permitted by under section 29-2-105(1)(d)(I), C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: The Estes Park Municipal Code is hereby amended, by adding section 3.08.180, to read as follows: 3.08.180 – Additional sales tax exemptions. The sale of period products, as well as incontinence products and diapers, as defined in section 39-26-717, C.R.S., are exempt from taxation under this chapter. Section 2: This Ordinance shall take effect and be enforced beginning July 1, 2026. The Town Administrator and designees shall ensure all publication and notification required by law is timely accomplished to facilitate this effective date. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2026. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2026 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2026, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Exemption of Certain Hygiene Products from Sales Tax Collection Attachment 2 Estes Park currently does not include exemptions for sales tax on certain personal hygiene and incontinence products. The State passed H.B. 22-1055 in 2022, eliminating their 2.9% sales tax on these products and allowed local governments to opt into similar exemption. Background State Allowed Exemptions Ordinance 08-26 Allows exclusion of sales tax for: 1.Exemption S –diapers and incontinence products •Estimated Revenue loss $14,000 2.Exemption T –period products •Estimated Revenue loss $4,000 3.Effective date on July 1 with notice to State Advantages: Supports Town’s commitment to a family-friendly community Provides modest cost savings on essential items Reduces a tax burden viewed as inequitable for women and families Aligns with State policy Disadvantages: Reduces sales tax revenue for Town services and projects Advantages & Disadvantages Discussion 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: Superintendent Fredricks, Director Bergsten Department: Utilities Department, Water Division Date: May 12, 2026 Subject: Ordinance 09-26 Considering the Inclusion of Certain Properties Located within the Town of Estes Park into Northern Colorado Water Conservancy's Municipal Subdistrict Type: Public Hearing, Ordinance Objective: To comply with the Northern Colorado Water Conservancy Municipal Subdistrict (Subdistrict) requirements through a streamlined, collective inclusion process for properties within the Town’s boundary. Present Situation: Water projects in the West are inherently complex and capital-intensive. The Northern Colorado Water Conservancy Municipal Subdistrict (Subdistrict) manages the Windy Gap Project, which diverts water from the Western Slope through the US Bureau of Reclamation (USBOR) Lake Granby and Adams Tunnel for municipal members of the Subdistrict. As a provider of Windy Gap water, the Town is required to ensure that all customers receiving this water are located within the Subdistrict’s official boundaries. Currently, several properties within the Town limits remain outside these boundaries. While the process for individual property inclusion is burdensome and costly for property owners, C.R.S. § 37-45-136(3.6) provides an efficient "bulk inclusion" method. This statute allows a municipality to pass an ordinance consenting to the inclusion of all properties within its boundary. Following the adoption of such an ordinance, the Subdistrict Board must hold a public hearing to review the consent. If approved, a court filing is made to formalize the inclusion for service and taxing purposes. Please note that the Subdistrict can levy property taxes but at this time there is no levy. While our Ordinance 13-25 was intended to address this issue, it did not provide a comprehensive property list including properties not actively being served Town water. The Subdistrict Board decided to postpone their final vote until this was resolved. Proposal: Staff proposes the adoption of this ordinance which allows the Subdistrict to bring all properties within the Town' s municipal boundary into the Subdistrict's boundary. Advantages: • Ensures the Town remains in full compliance with Subdistrict and U.S. Bureau of Reclamation requirements for the use of federal infrastructure to deliver Windy Gap water • Legally secures the Town’s ability to continue serving existing customers who are currently outside the Subdistrict’s boundaries • Utilizes the collective inclusion method under C.R.S. § 37-45-136(3.6), avoiding the prohibitive costs (filing fees and legal notices) that individual property owners would otherwise face • Streamlines the process for future developments or well-users who may eventually require municipal water or replacement water (augmentation) • The Water Division is paying the inclusion fees Disadvantages: • Owners of vacant property may be wary of being included in an additional taxing district; however, inclusion significantly enhances long-term property value by ensuring the land is legally eligible for water service. • Property owners with private wells may view inclusion as unnecessary; however, private wells in Colorado are increasingly subject to augmentation requirements, Spruce Knob Water Company for example. Including these properties now eliminates the costly and complex individual inclusion process. Action Recommended: Staff Recommends approval of the ordinance Finance/Resource Impact: Budget account number, fund name, project name (if applicable), contract / obligation amount, available budget amount as of (date). Account# 503-7000-580.35-54, Project code NCWCD, $ 71,658 available as of 11-3-2025 Level of Public Interest: Limited Sample Motion: I move to continue Ordinance 09-26 to May 26, 2026 Attachments: 1. Ordinance 09-26 ORDINANCE NO. 09-26 AN ORDINANCE CONSENTING TO THE INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE MUNICIPAL SUBDISTRICT WHEREAS, the Town of Estes Park is the holder of three ( 3) units of Windy Gap water under the Rules and Regulations of the Municipal Subdistrict, Northern Colorado Conservancy District ( the " Subdistrict"); and WHEREAS, certain properties located within the Town of Estes Park have inadvertently not been included within the boundaries of the Subdistrict; and WHEREAS, it is necessary for the Town of Estes Park to consent to the inclusion of said properties within the Subdistrict, pursuant to the provisions of section 37-45- 136(3.6) C.R.S; and WHEREAS, the Town Board wishes to use the provisions of section 37-45- 136(3.6) C.R.S., to consent to the inclusion of those properties within the Subdistrict, which properties were not included at the time of annexation of the property to the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Pursuant to the provisions of section 37-45-136(3.6) C.R.S, the Board of Trustees of the Town of Estes Park hereby consents to the inclusion of the properties set forth on Exhibit " A" attached hereto and incorporated herein by reference within the boundaries of the Subdistrict. Section 2: The Board of Trustees hereby authorizes the Utilities Director or designee to file the necessary documents for inclusion of the lands as set forth on Exhibit "A" and pay all fees necessary to accomplish the inclusion of the lands within the Subdistrict. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2026. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2026 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2026, all as required by the Statutes of the State of Colorado. Town Clerk A Attachment 1 Exhibit A to Ordinance No. 09-26 PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 2531316002 ACACIA ACRES ADD (#206) LOT 2, MASONIC SUB, EP 3402110001 ARAPAHO MEADOWS ADDITION (#10-85) OUTLOT A, APARAPHO ESTATES FIRST, EP 3402108001 ARAPAHO MEADOWS ADDITION (#10-85) OUTLOT A, APARAPHO ESTATES PHASE 1, EP 3402108002 ARAPAHO MEADOWS ADDITION (#10-85) OUTLOT B, APARAPHO ESTATES PHASE 1, EP 3402108004 ARAPAHO MEADOWS ADDITION (#10-85) OUTLOT D, APARAPHO ESTATES PHASE 1, EP 3526400008 BEAVER POINT FIRST ADDITION (#15-82) COM AT PT WH SW COR OF SE 26-5-73 BEARS S 70 45' W 1523.4 FT, N 60 53' E 50 FT, N 48 41' E 563 FT, S 13 5' E 611 FT TO CEN BIG T RIV, TH WRLY ALG C/L RIV TO PT WH IS S 6 15' E 220 FT FROM POB, N 6 15' W 220 FT PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3525326623 BEAVER POINT FIRST ADDITION (#15-82) UNIT 623, PARK RIVER WEST CONDOS PH 20 (BLDG 29) EP (20060073966) 3525326625 BEAVER POINT FIRST ADDITION (#15-82) UNIT 625, PARK RIVER WEST CONDOS PH 20 (BLDG 29) EP (20060073966) 3525326627 BEAVER POINT FIRST ADDITION (#15-82) UNIT 627, PARK RIVER WEST CONDOS, (BLDG 30) SUPP MAP, PH XIV, EP (20040086224) 3525326629 BEAVER POINT FIRST ADDITION (#15-82) UNIT 629, PARK RIVER WEST CONDOS, (BLDG 30) SUPP MAP, PH XIV, EP (20040086224) 3525326631 BEAVER POINT FIRST ADDITION (#15-82) UNIT 631, (BLDG 31) PARK RIVER WEST CONDOMINIUMS, PH XV, SUPP MAP, EP (20040099929) 3525326633 BEAVER POINT FIRST ADDITION (#15-82) UNIT 633, (BLDG 31) PARK RIVER WEST CONDOMINIUMS, PH XV, SUPP MAP, EP (20040099929) 3526426635 BEAVER POINT FIRST ADDITION (#15-82) UNIT 635, PARK RIVER WEST CONDOS, PHASE IX, EP (20030077911) 3526426637 BEAVER POINT FIRST ADDITION (#15-82) UNIT 637, PARK RIVER WEST CONDOS, PHASE IX, EP (20030077911) 3525326639 BEAVER POINT FIRST ADDITION (#15-82) UNIT 639, BLDG 24, PARK RIVER WEST CONDOS, SUPP MAP, PH XI , EP (20030125222) 3525326641 BEAVER POINT FIRST ADDITION (#15-82) UNIT 641, BLDG 24, PARK RIVER WEST CONDOS, SUPP MAP, PH XI , EP (20030125222) 3525326643 BEAVER POINT FIRST ADDITION (#15-82) UNIT 643, PARK RIVER WEST CONDOMINIUMS, SUPP MAP-PH XIII (BLDG 23) EP (20040083612) 3525326645 BEAVER POINT FIRST ADDITION (#15-82) UNIT 645, PARK RIVER WEST CONDOMINIUMS, SUPP MAP-PH XIII (BLDG 23) EP (20040083612) 3525326647 BEAVER POINT FIRST ADDITION (#15-82) UNIT 647, PARK RIVER WEST CONDOS, SUPP MAP, PH XII (BLDG 27), EP (20040012984) 3525326649 BEAVER POINT FIRST ADDITION (#15-82) UNIT 649, PARK RIVER WEST CONDOS, SUPP MAP, PH XII (BLDG 27), EP (20040012984) 3525326651 BEAVER POINT FIRST ADDITION (#15-82) UNIT 651, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552) 3525326653 BEAVER POINT FIRST ADDITION (#15-82) UNIT 653, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552) 3525326655 BEAVER POINT FIRST ADDITION (#15-82) UNIT 655, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552) 3526450007 BEAVER POINT FIRST ADDITION (#15-82) UNIT 7, MOUNTAIN HAVEN CONDOMINIUMS (20030096970) 2531300016 BURKE-ALLEN ADDITION (#10-02) COM AT S 1/4 COR 31-5-72, EP, N 0 48' W 410.15 FT TPOB, N 76 38' 4" W 791.96 FT TO ERLY R/W HWY 7, N 38 56' 21" E 235.03 FT, S 73 53' 32" E 266.67 FT, S 73 33' 42" E 379.53 FT, S 0 48' E 184.52 FT TPOB 2529320001 CARLSON ADDITION (#14-01) COMMON AREA, SOLITUDE VI CONDOS, EP (20030106550) 2529318001 CARLSON ADDITION (#14-01) LOT 3, SOLITUDE SUB (CONDOS) EP (2002030494); LESS 20030077909; LESS 20030096972; LESS 20030133970; LESS 20040011582; LESS 20080002696; AKA CIC 2529316001 CARLSON ADDITION (#14-01) LOT 4, SOLITUDE SUB; (20020030494), EP (2003-0024978) (LESS 20030133971); CIC, 2529314005 CARLSON ADDITION (#14-01) LOT 5, SOLITUDE SUBDIVISION, EP (2002030494) LESS 20040027677; LESS 20040045029; LESS 20050016175; LESS 20050037947; AKA CIC 2529317001 CARLSON ADDITION (#14-01) UNIT 1, LOT 3, SOLITUDE III CONDOS, EP (20030077909) 2529315001 CARLSON ADDITION (#14-01) UNIT 1, LOT 4, SOLITUDE IV CONDOS, SUPP. NO. 1, EP (20030072507) 2529324001 CARLSON ADDITION (#14-01) UNIT 1, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158) PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 2529319001 CARLSON ADDITION (#14-01) UNIT 1, SOLITUDE VI CONDOS, EP (20030106550) 2529317002 CARLSON ADDITION (#14-01) UNIT 2, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 1 (20030096972) 2529315002 CARLSON ADDITION (#14-01) UNIT 2, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (2003-0024978) 2529324002 CARLSON ADDITION (#14-01) UNIT 2, SOLITUDE V CONDOMINIUMS, SUPP MAP 1 (UNIT 2), EP (20040045029) 2529319002 CARLSON ADDITION (#14-01) UNIT 2, SOLITUDE VI CONDOS, EP (20030106550) 2529315003 CARLSON ADDITION (#14-01) UNIT 3, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (20030024978) 2529317003 CARLSON ADDITION (#14-01) UNIT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 3, EP (20040011582) 2529324003 CARLSON ADDITION (#14-01) UNIT 3, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158) 2529319003 CARLSON ADDITION (#14-01) UNIT 3, SOLITUDE VI CONDOS, EP (20030106550) 2529317004 CARLSON ADDITION (#14-01) UNIT 4, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970) 2529315004 CARLSON ADDITION (#14-01) UNIT 4, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971) 2529324004 CARLSON ADDITION (#14-01) UNIT 4, SOLITUDE V CONDOMINIUMS, (UNIT 4) EP (20040027677) 2529319004 CARLSON ADDITION (#14-01) UNIT 4, SOLITUDE VI CONDOS, EP (20030106550) 2529317005 CARLSON ADDITION (#14-01) UNIT 5, SOLITUDE 3 CONDOS SUPP 4, EPK (20080002696) 2529315005 CARLSON ADDITION (#14-01) UNIT 5, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157 2529324005 CARLSON ADDITION (#14-01) UNIT 5, SOLITUDE V CONDOS SUPP 3 LOT 5 EPK (20050016175) 2529319005 CARLSON ADDITION (#14-01) UNIT 5, SOLITUDE VI CONDOS, EP (20030106550) 2529317006 CARLSON ADDITION (#14-01) UNIT 6, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970) 2529324006 CARLSON ADDITION (#14-01) UNIT 6, SOLITUDE 5 CONDOS SUPP 4 EP (20050037947) 2529315006 CARLSON ADDITION (#14-01) UNIT 6, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157 2529329006 CARLSON ADDITION (#14-01) Unit 6, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268) 2529317007 CARLSON ADDITION (#14-01) UNIT 7, LOT 3, SOLITUDE III CONDOS, EP (20030077909) 2529315007 CARLSON ADDITION (#14-01) UNIT 7, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971) 2529329007 CARLSON ADDITION (#14-01) Unit 7, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268) 3401215001 CARRIAGE HILLS ADDITION ANNEXATION 6TH & 7TH FILINGS (#10-91) LOT 1, CARRIAGE HILLS 6TH, EP 3401215010 CARRIAGE HILLS ADDITION ANNEXATION 6TH & 7TH FILINGS (#10-91) LOT 10, CARRIAGE HILLS 6TH, EP PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3401215011 CARRIAGE HILLS ADDITION ANNEXATION 6TH & 7TH FILINGS (#10-91) LOT 11, CARRIAGE HILLS 6TH, EP 3401215012 6TH & 7TH FILINGS (#10-91) LOT 12, CARRIAGE HILLS 6TH, EP 3401215015 6TH & 7TH FILINGS (#10-91) LOT 15, CARRIAGE HILLS 6TH, EP PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3401128025 CARRIAGE HILLS ADDITION ANNEXATION 6TH & 7TH FILINGS (#10-91) LOT 25, CARRIAGE HILLS 6TH, EP 3401128026 6TH & 7TH FILINGS (#10-91) LOT 26, CARRIAGE HILLS 6TH, EP 3401128029 6TH & 7TH FILINGS (#10-91) LOT 29, CARRIAGE HILLS 6TH, EP PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3401215039 CARRIAGE HILLS ADDITION ANNEXATION 6TH & 7TH FILINGS (#10-91) LOT 39, CARRIAGE HILLS 6TH FIL, EP 3401215004 6TH & 7TH FILINGS (#10-91) LOT 4, CARRIAGE HILLS 6TH, EP 3401215007 6TH & 7TH FILINGS (#10-91) LOT 7, CARRIAGE HILLS 6TH, EP PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3401125015 CARRIAGE HILLS ADDITION PAGE 2 6TH & 7TH FILING (#10-91) LOT 15, CARRIAGE HILLS, 7TH, EP 3401125016 7TH FILING (#10-91) LOT 16, CARRIAGE HILLS, 7TH, EP 3401125019 7TH FILING (#10-91) LOT 19, CARRIAGE HILLS, 7TH, EP PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3401125003 CARRIAGE HILLS ADDITION PAGE 2 6TH & 7TH FILING (#10-91) LOT 3, CARRIAGE HILLS, 7TH, EP 3401125030 7TH FILING (#10-91) LOT 30, CARRIAGE HILLS, 7TH, EP 3401125033 7TH FILING (#10-91) LOT 33, CARRIAGE HILLS, 7TH, EP PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 2406211044 CARRIAGE HILLS ADDITION PAGE 2 6TH & 7TH FILING (#10-91) LOT 44, CARRIAGE HILLS, 7TH, EP 2406211045 7TH FILING (#10-91) LOT 45, CARRIAGE HILLS, 7TH, EP 2406211048 7TH FILING (#10-91) LOT 48, CARRIAGE HILLS, 7TH, EP PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 2406211059 CARRIAGE HILLS ADDITION PAGE 2 6TH & 7TH FILING (#10-91) LOT 59, CARRIAGE HILLS, 7TH, EP 3401125060 7TH FILING (#10-91) LOT 60, CARRIAGE HILLS, 7TH FIL, EP 3401125063 7TH FILING (#10-91) LOT 63, CARRIAGE HILLS, 7TH, EP PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3401125074 CARRIAGE HILLS ADDITION PAGE 2 6TH & 7TH FILING (#10-91) LOT 74, CARRIAGE HILLS, 7TH, EP 3401125075 7TH FILING (#10-91) LOT 75, CARRIAGE HILLS, 7TH, EP 3401125078 7TH FILING (#10-91) LOT 78, CARRIAGE HILLS, 7TH, EP TO PT ON HWY R/W IN NE OF NE 26-5-73, TH ALG SD R/W S 23 47' E 51.3 FT, S 44 16' E 320 FT M/L, N 77 17' FRESCO PL, S 247 FT M/L TO NE COR SUNNY AC, TH ALG N LN SUNNY AC N 89 36' W 373.7 FT, N 10 31' W PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3524300018 FALL RIVER ADDITION (#16-73) BEG AT PT FROM WH SW COR 24-5-73 BEARS N 89 45' W 432.4 FT, S 89 45' E 242 FT, N 23' E 231.9 FT, N 89 37' W 242 FT, S 23' W 232.4 FT TPOB; LESS HWY, LESS W 121 FT, ESTES PK 3524300023 FALL RIVER ADDITION (#16-73) BEG AT PT FROM WH SW COR 24-5-73 BEARS N 89 45' W1084.5 FT, N 5 40' E 166.8 FT, S 89 31' E 235.2 FT TO W LN ALFRESCO PL, TH S ALG SD W LN 165.2 FT TO SW COR SD ALFRESCO PL, N 89 45' W 254.3 FT TO BEG; N TO S LN HWY 34 AS DESC IN 1073-473, S 66 21' E ALG SD LN 185.6 TO PT WH IS N OF POB, TH S TPOB; 45' W 184.4 FT, S 9 28' E 116.3 FT TO BEG, ESTES PK; LESS RD AS PER 91026458; ALSO LESS RD PER 135.8 FT TO N LN SUNNY ACRES; TH ALG SD N LN N 89 36' 00" W 256.3 FT; TH N 18 30' 00" E 141.6 FT TPOB, PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3524300017 FALL RIVER ADDITION (#16-73) BEG AT PT WH SW COR 24-5-73 BEARS N 89 45' W 432.4 FT, S 89 45' E 121 FT, N 0 23' E 232.15 FT, N 89 37' W 121 FT, S 0 23' W 232.4 FT TPOB; LESS STATE HWY, ESTES PK 3524300019 FALL RIVER ADDITION (#16-73) 121 FT, S 0 23' W 231.9 FT TPOB; LESS STATE HWY, ESTES PK 3523400039 FALL RIVER ADDITION (#16-73) 230.31 FT, E 47.23 FT, N 31 20' 41" E 121.28 FT TPOB (SPLIT FROM 35230 00 002) 30" W ALG W LN AL FRESCO 228.59 FT, N 84 46' 18" W 416.94 FT, N 4.15 FT, N 58 34' 54" E 239.99 FT, N 30" W ALG W LN AL FRESCO 228.59 FT, N 84 46' 18" W 416.94 FT, N 4.15 FT, N 58 34' 54" E 239.99 FT, N 30" W ALG W LN AL FRESCO 228.59 FT, N 84 46' 18" W 416.94 FT, N 4.15 FT, N 58 34' 54" E 239.99 FT, N 3526100034 FALL RIVER ADDITION (#16-73) TO BEG, ESTES PK; LESS RD DESC IN 1707-234 FT W OF SE COR, S 101.2 FT, TH SRLY TO BEG, ESTES PK; ALSO COM AT SE COR, N 400 FT, W 150 FT TPOB, W 129.2 FT, N 69 48' W 45.4 FT TPOB, S 26 21' W 263 FT, N 34 42' W 203.4 FT, N 27 24' E 105.6 FT, N 81 34' E PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3523400037 FALL RIVER ADDITION (#16-73) COM AT PT 556 FT N, 1000 FT W OF SE COR 23-5-73, S 128 FT, W 155 FT, N 128 FT, E 155 FT TPOB; ALSO COM AT PT 556 FT N, 1000 FT W OF SE COR, N 22.93 FT, N 89 49' W 40 FT, S 63 1' W 50.5 FT, N 89 49' E TPOB 3523400001 FALL RIVER ADDITION (#16-73) IN N OF SE COR, S 290 FT 4 IN, E 315 FT TO BEG, ESTES PK; LESS RD DESC IN 1707-231 SUB, AND TR'S 56 & 57, FALL RIVER ADD TO THE TOWN OF ESTES PARK;(20050101901) LESS PHASE 1 PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3523423054 FALL RIVER ADDITION (#16-73) Lot 54A, AMENDED LOTS 53 AND 54, FALL RIVER ADDITION, EP (20210066754) 3523422001 FALL RIVER ADDITION (#16-73) LOTS 1 AND 2, WITT SUBDIVISION, EP 20040003702 (COMBINED 3523422002) 3522405007 FALL RIVER ADDITION (#16-73) LOTS 7 & 8, JAMES-MCINTYRE, ESTES PK 3524300014 FALL RIVER ADDITION (#16-73) NEW PARCEL I, DESC AS: POR OF SW 1/4 24-5-73 & SE 1/4 23-5-73; BEG AT SW COR 24-5-73; TH S 89 49' 59" E 153.84 FT; TH N 00 28' 41" E 220.19 FT; TH S 89 43' 25" W 21.41 FT; TH N 83 42' 59" W 135.25 FT; TH N 41 20 08' 32" E 112.63 FT M/L TO S SIDE OF 30 FT WIDE ROW FOR JAMES ST AS REC @ RCPTN# 155695 BEING CONC NE, C/A 1 5' 47", RAD 2775 FT, RAD LN PASS THROUGH BEARS S 20 13' 9" W, N 270.27 FT, W 50 FT, TH 170 FT, S 19 27' 24" W 158.91 FT TO PT ON NRLY ROW HWY 34 BY-PASS, N 66 31' 32" W 99.25 FT, N 27 24' E PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3523400038 FALL RIVER ADDITION (#16-73) 69 48' W 128.2 FT, N 26 20' 20" E 249.69 FT TO PT ON SRLY R/W HWY 34 BYPASS, TH ALG SD R/W S 66 20' E 149.17 FT, S 0 1' W 184.65 FT TPOB CONT 1.0482 AC M FT FROM SE COR, N 69 48' W 26 FT, S 81 34' W 72.35 FT, N 27 24' E 290.06 FT TO PT ON SRLY R/W HWY 34 BY 500 FT TPOB; TH N 0 10' 30" E 500 FT, TH N 89 49' W 130 FT, TH S 0 10' 30" W 500 FT, TH S 89 49' E 130 FT N 66 21' W 88.3 FT, N 77 39' 30" W 102 FT, N 66 21' W 104.7 FT, S 464 FT, E 15 FT, S 245 FT, E 150 FT, N 136.3 PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3523328002 FALL RIVER ADDITION (#16-73) UNIT 2, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3522426002 FALL RIVER ADDITION (#16-73) UNIT 2, EVANS BLDG, SUMMERSET ON FALL RIVER CONDOS, EP 3522409002 FALL RIVER ADDITION (#16-73) UNIT 2, HOMESTEAD CONDOS SUPP 2, EP (20070045246) 3523330020 FALL RIVER ADDITION (#16-73) UNIT 20, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330021 FALL RIVER ADDITION (#16-73) UNIT 21, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330022 FALL RIVER ADDITION (#16-73) UNIT 22, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330023 FALL RIVER ADDITION (#16-73) UNIT 23, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330024 FALL RIVER ADDITION (#16-73) UNIT 24, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330025 FALL RIVER ADDITION (#16-73) UNIT 25, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330026 FALL RIVER ADDITION (#16-73) UNIT 26, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523328003 FALL RIVER ADDITION (#16-73) UNIT 3, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3522427003 FALL RIVER ADDITION (#16-73) UNIT 3, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP 3522409003 FALL RIVER ADDITION (#16-73) UNIT 3, HOMESTEAD CONDOS SUPP 2, EP (20070045246) 3523328004 FALL RIVER ADDITION (#16-73) UNIT 4, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3522427004 FALL RIVER ADDITION (#16-73) UNIT 4, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP 3522409004 FALL RIVER ADDITION (#16-73) UNIT 4, HOMESTEAD CONDOS SUPP 2, EP (20070045246) 3523328005 FALL RIVER ADDITION (#16-73) UNIT 5, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3522428005 FALL RIVER ADDITION (#16-73) UNIT 5, CASTLE MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 2, EP 3522409005 FALL RIVER ADDITION (#16-73) UNIT 5, HOMESTEAD CONDOS SUPP 2, EP (20070045246) 3523330005 FALL RIVER ADDITION (#16-73) UNIT 5, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523328006 FALL RIVER ADDITION (#16-73) UNIT 6, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3522429006 FALL RIVER ADDITION (#16-73) UNIT 6, BIG HORN MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 3523330006 FALL RIVER ADDITION (#16-73) UNIT 6, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3522430007 FALL RIVER ADDITION (#16-73) UNIT 7, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 3523330007 FALL RIVER ADDITION (#16-73) UNIT 7, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3522430008 FALL RIVER ADDITION (#16-73) UNIT 8, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 3523330008 FALL RIVER ADDITION (#16-73) UNIT 8, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3522432009 FALL RIVER ADDITION (#16-73) UNIT 9, OLD MAN MTN BLDG, SUMMERSET ON FALL RIVER CONDO, SUPP 4, EP 3523420013 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 509, FALL RIVER CONDOS, EP (99037226) PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3523418003 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 2, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP 3523418005 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 3, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP 3523418007 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 4, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP 3523418009 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 5, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP 3523420001 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 503, FALL RIVER CONDOS, EP (99037226) 3523420005 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 505, FALL RIVER CONDOS, EP (99037226) 3523420009 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 507, FALL RIVER CONDOS, EP (99037226) 3523418012 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 6, RIVERWOOD ON FALL RIVER CONDOMINIUMS, SUPP 1, EP (2000056807) 3523418011 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 8, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP 3523418001 FALL RIVER ADDITION (#16-73) UNIT A, SUPPLEMENTAL MAP NO 2, BLDG 1, RIVERWOOD ON FALL RIVER CONDOS, EP 3523418002 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 1, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP 3523418004 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 2, RIVERWOOD ON FALL RIVER CONDOS, EP 3523418006 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 3, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP 3523418008 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 4, RIVERWOOD ON FALL RIVER CONDOS, SUPP MAP NO 2, EP 3523418010 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 5, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP 3523420002 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 503, FALL RIVER CONDOS, EP (99037226) 3523420006 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 505, FALL RIVER CONDOS, EP (99037226) 3523420010 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 507, FALL RIVER CONDOS, EP (99037226) 3523420014 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 509, FALL RIVER CONDOS, EP (99037226) 3523418013 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 6, RIVERWOOD ON FALL RIVER CONDOMINIUMS, SUPP 1, EP (2000056807) 3523420003 FALL RIVER ADDITION (#16-73) UNIT C, BLDG 503, FALL RIVER CONDOS, EP (99037226) 3523420007 FALL RIVER ADDITION (#16-73) UNIT C, BLDG 505, FALL RIVER CONDOS, EP (99037226) 3523420011 FALL RIVER ADDITION (#16-73) UNIT C, BLDG 507, FALL RIVER CONDOS, EP (99037226) 3523420015 FALL RIVER ADDITION (#16-73) UNIT C, BLDG 509, FALL RIVER CONDOS, EP (99037226) 3523420004 FALL RIVER ADDITION (#16-73) UNIT D, BLDG 503, FALL RIVER CONDOS, EP (99037226) 3523420008 FALL RIVER ADDITION (#16-73) UNIT D, BLDG 505, FALL RIVER CONDOS, EP (99037226) 3523420012 FALL RIVER ADDITION (#16-73) UNIT D, BLDG 507, FALL RIVER CONDOS, EP (99037226) 3523420016 FALL RIVER ADDITION (#16-73) UNIT D, BLDG 509, FALL RIVER CONDOS, EP (99037226) PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3516400096 FALL RIVER ADDITION FOURTH (#13-05) ALG SD ROW S 85 7' E 401.15 FT, S 0 37' W 226.67 FT TPOB, S 60 40' E 114.02 FT, S 0 37' W 142 FT M/L TO C/L FALL RIV, TH WRLY ALG SD C/L TO PT S 0 37' W FROM W 343.9 FT TO NRLY R/W HWY 34, TH ALG SD R/W S 60 15' E 374.9 FT, S 73 57' E 207.96 FT, TH LEAV SD R/W NRLY R/W HWY 34, TH ALG HWY R/W S 79 49' E 552 FT, TH LEAV HWY N 4 8' E 157.95 FT TO N LN OF SE 1/4 & SERLY ROW HWY 34; TH ALG ROW S 85 7' E 401.15 FT TPOB, TH ALG ROW S 85 7' E 15.85 FT, S 62 56' E 93.9 34, TH ALG R/W S 79 49' E 552 FT TPOB, TH ALG N R/W SD HWY S 79 49' E 60.1 FT, S 60 15' E 302.26 FT, TH FALL RIVER ADDITION SECOND AND & 16 LOC ON NRLY BANK FALL RIV, E 528 FT, N 330 FT, W TO PT ON SRLY ROW HWY 34 WH BEARS N 89 45' E 3516000002 ELEVENTH (#17-08) FALL RIVER ADDITION TENTH, EP PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3516412002 FISH HATCHERY RD SEVENTH ADDITION (#05-01) LOT 2, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP 3516412003 (#05-01) LOT 3, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP PARK ENTRANCE ESTATES ADDITION 99.94 FT, TH ALG W LN LOT 10 S 0 4' 9" W 211.14 FT TO SW COR LOT 10, N 89 54' 46" W 100.87 FT, N 0 19' PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3536423013 PROSPECT ESTATES ADD (#02-82) LOT 13, PROSPECT EST SUB 3RD FIL, EP 3536410013 PROSPECT ESTATES ADD (#02-82) LOT 13, PROSPECT ESTATES, EP; EX POR BY QUIET TITLE IN 1383-457 3536413013 PROSPECT ESTATES ADD (#02-82) LOT 13, PROSPECT MTN SUB, PUD, 3RD FILING, EP 3536423014 PROSPECT ESTATES ADD (#02-82) LOT 14, PROSPECT EST SUB 3RD FIL, EP 3536413014 PROSPECT ESTATES ADD (#02-82) LOT 14, PROSPECT MTN SUB, PUD, 3RD FILING, EP 3536423015 PROSPECT ESTATES ADD (#02-82) LOT 15, PROSPECT EST SUB 3RD FIL, EP 3536410015 PROSPECT ESTATES ADD (#02-82) LOT 15, PROSPECT ESTATES, EP 3536423016 PROSPECT ESTATES ADD (#02-82) LOT 16, PROSPECT EST SUB 3RD FIL, EP 3536423017 PROSPECT ESTATES ADD (#02-82) LOT 17, PROSPECT EST SUB 3RD FIL, EP 3536410017 PROSPECT ESTATES ADD (#02-82) LOT 17, PROSPECT ESTATES, EP 3536423018 PROSPECT ESTATES ADD (#02-82) LOT 18, PROSPECT EST SUB 3RD FIL, EP 3536410018 PROSPECT ESTATES ADD (#02-82) LOT 18, PROSPECT ESTATES, EP 3536423019 PROSPECT ESTATES ADD (#02-82) LOT 19, PROSPECT EST SUB 3RD FIL, EP 3536415019 PROSPECT ESTATES ADD (#02-82) LOT 19, PROSPECT MTN SUB, PUD 4TH, EP 3536407002 PROSPECT ESTATES ADD (#02-82) LOT 2, PROSPECT MOUNTAIN SUB, A PUD, EP 3536423020 PROSPECT ESTATES ADD (#02-82) LOT 20, PROSPECT EST SUB 3RD FIL, EP 3536423021 PROSPECT ESTATES ADD (#02-82) LOT 21, PROSPECT EST SUB 3RD FIL, EP 3536423022 PROSPECT ESTATES ADD (#02-82) LOT 22, PROSPECT EST SUB 3RD FIL, EP 3536423023 PROSPECT ESTATES ADD (#02-82) LOT 23, PROSPECT EST SUB 3RD FIL, EP 3536423024 PROSPECT ESTATES ADD (#02-82) LOT 24, PROSPECT EST SUB 3RD FIL, EP 3536416024 PROSPECT ESTATES ADD (#02-82) LOT 24, PROSPECT MTN SUB, PUD, 5TH FILING, EP 3536423025 PROSPECT ESTATES ADD (#02-82) LOT 25, PROSPECT EST SUB 3RD FIL, EP 3536416025 PROSPECT ESTATES ADD (#02-82) LOT 25, PROSPECT MTN SUB, PUD, 5TH FILING, EP 3536423026 PROSPECT ESTATES ADD (#02-82) LOT 26, PROSPECT EST SUB 3RD FIL, EP 3536416026 PROSPECT ESTATES ADD (#02-82) LOT 26, PROSPECT MTN SUB, PUD, 5TH FILING, EP 3536416027 PROSPECT ESTATES ADD (#02-82) LOT 27, AMENDED, PROSPECT MTN SUB, PUD, 5TH FILING, EP (20100027950) 3536423027 PROSPECT ESTATES ADD (#02-82) LOT 27, PROSPECT EST SUB 3RD FIL, EP 3536423028 PROSPECT ESTATES ADD (#02-82) LOT 28, PROSPECT EST SUB 3RD FIL, EP 3536423029 PROSPECT ESTATES ADD (#02-82) LOT 29, PROSPECT EST SUB 3RD FIL, EP PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3536422003 PROSPECT ESTATES ADD (#02-82) LOT 3, PROSPECT ESTATES SUB 2ND FIL, EP 3536407003 PROSPECT ESTATES ADD (#02-82) LOT 3, PROSPECT MOUNTAIN SUB, A PUD, EP 3536423030 PROSPECT ESTATES ADD (#02-82) LOT 30, PROSPECT EST SUB 3RD FIL, EP 3536423031 PROSPECT ESTATES ADD (#02-82) LOT 31, PROSPECT EST SUB 3RD FIL, EP 3536418031 PROSPECT ESTATES ADD (#02-82) LOT 31, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536423032 PROSPECT ESTATES ADD (#02-82) LOT 32, PROSPECT EST SUB 3RD FIL, EP 3536423033 PROSPECT ESTATES ADD (#02-82) LOT 33, PROSPECT EST SUB 3RD FIL, EP 3536418033 PROSPECT ESTATES ADD (#02-82) LOT 33, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536423034 PROSPECT ESTATES ADD (#02-82) LOT 34, PROSPECT EST SUB 3RD FIL, EP 3536418034 PROSPECT ESTATES ADD (#02-82) LOT 34, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536423035 PROSPECT ESTATES ADD (#02-82) LOT 35, PROSPECT EST SUB 3RD FIL, EP 3536418035 PROSPECT ESTATES ADD (#02-82) LOT 35, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536423036 PROSPECT ESTATES ADD (#02-82) LOT 36, PROSPECT EST SUB 3RD FIL, EP 3536423037 PROSPECT ESTATES ADD (#02-82) LOT 37, PROSPECT EST SUB 3RD FIL, EP 3536421001 PROSPECT ESTATES ADD (#02-82) LOT 38A, AMD LOT 38 PROSPECT MTN SUB PUD 7TH, EP 3536421002 PROSPECT ESTATES ADD (#02-82) LOT 38B, AMD LOT 38 PROSPECT MTN SUB PUD 7TH, EP 3536410005 PROSPECT ESTATES ADD (#02-82) LOT 5, PROSPECT ESTATES, EP 3536410006 PROSPECT ESTATES ADD (#02-82) LOT 6, PROSPECT ESTATES, EP 3536422007 PROSPECT ESTATES ADD (#02-82) LOT 7, PROSPECT ESTATES SUB 2ND FIL, EP 3536410008 PROSPECT ESTATES ADD (#02-82) LOT 8, PROSPECT ESTATES, EP 3536413009 PROSPECT ESTATES ADD (#02-82) LOT 9, PROSPECT MTN SUB, PUD, 3RD FILING, EP 3536415016 PROSPECT ESTATES ADD (#02-82) LOTS 16 & 17, PROSPECT MTN SUB, PUD 4TH, EP 3536408902 PROSPECT ESTATES ADD (#02-82) OUTLOT B, PROSPECT MOUNTAIN SUB, A PUD EP 3536408903 PROSPECT ESTATES ADD (#02-82) OUTLOT C, PROSPECT MOUNTAIN SUB, A PUD EP 3536406002 PROSPECT ESTATES ADD (#02-82) TRACT B, PROSPECT ESTATES ADDITION, EP 2531310001 REID SOUTH ST VRAIN ADD (#159) TR A, REIDS S ST VRAIN, DESC AS; COM AT S 1/4 COR 31-5-72, N 0 48' W 805.72 FT, N 63 18' 32" W 248.75 FT TPOB, N 61 20' 32" W 221.97 FT TO ERLY R/W HWY 7, N 38 56' 21" E 24.5 FT ALG SD R/W, TH ALG ARC CUR L, PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 2531310002 REID SOUTH ST VRAIN ADD (#159) TR B, REIDS S ST VRAIN, DESC AS COM AT S 1/4 COR 31-5-72, N 0 48' W 805.72 FT TPOB, N 63 18' 32" W 248.75 FT, N 42 35' 18" E 131.58 FT, S 62 29' 25"E 147.97 FT, S 0 48' E 140.27 FT TPOB 2531409036 SOUTH SAINT VRAIN ADDITION (#148) POR LOT 10, S ST VRAIN ADD, EP, BEG AT NW COR NE OF SE 31-5-72, S 15 25' 43" E 1102.86 FT TO NE COR LOT 10, BLK 4, COUNTRY CLUB EST, S 1 14' 4" W 400 FT TPOB, N 80 47' E 286.86 FT, TH ALG ARC CUR R, RAD Town Board Public Hearing We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Ordinances Consenting to Inclusions: Northern Colorado Water Conservancy District and its Municipal Subdistrict MAY 12, 2026 Attachment 2 Formed in 1937 Entered into an agreement with USBOR to operate the C-BT system Town has 1,217 units Background Northern Colorado Water Conservancy District Background The Municipal Subdistrict Formed in 1970 by six municipalities: Estes Park, Greeley, Loveland, Longmont, Boulder, Fort Collins The Municipal Subdistrict is governed by the Northern Board Town owns 3 units (300 acre-Feet) Present Situation Staff worked with outside counsel and the districts to address gaps in the district boundaries through a streamlined inclusion process. This image depicts gap properties that are within the Town’s boundary and not in the districts’ boundaries. Present Situation C.R.S. §37-45-136(3.6) authorizes the Town to pass ordinances (Ordinance 09- 26 and 10-26) consenting to the inclusion of these property gaps within the Town’s boundary to be included into the districts’ boundaries. This public hearing provides “due process” prior to the board’s decision. 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: Superintendent Fredricks, Director Bergsten Department: Utilities Department, Water Division Date: May 12, 2026 Subject: Ordinance 10-26 Considering the Inclusion of Certain Properties Located within the Town of Estes Park into Northern Colorado Water Conservancy's District Type: Public Hearing, Ordinance Objective: To comply with the Northern Colorado Water Conservancy District (Northern District) requirements through a streamlined, collective inclusion process for properties within the Town’s boundary. Present Situation: Water projects in the West are inherently complex and capital-intensive. The Northern Colorado Water Conservancy District (District) manages the Colorado-Big Thompson Project, which diverts water from the western slope through the US Bureau of Reclamation (USBOR) facilities for use by those who own C-BT units and are included in the District's boundary. As a provider of C-BT water, the Town is required to ensure that all customers receiving this water are located within the District’s official boundaries. Currently, several properties within the Town limits remain outside these boundaries. While the process for individual property inclusion is burdensome and costly for property owners, C.R.S. § 37-45-136(3.6) provides an efficient "bulk inclusion" method. This statute allows a municipality to pass an ordinance consenting to the inclusion of all properties within its boundary. Following the adoption of such an ordinance, the District Board must hold a public hearing to review the consent. If approved, a court filing is made to formalize the inclusion for service and taxing purposes. Please note that the District levies a 1 mill levy property tax. While our Ordinance 5-24 was intended to address this issue, it did not provide a comprehensive property list including properties not actively being served Town water. The District Board decided to postpone their final vote until this was resolved. Proposal: Staff proposes the adoption of this ordinance which allows the District to bring all properties within the Town' s municipal boundary into the District's boundary. Advantages: • Ensures the Town remains in full compliance with District and U.S. Bureau of Reclamation requirements for the use of federal infrastructure to deliver C-BT water • Legally secures the Town’s ability to continue serving existing customers who are currently outside the District’s boundaries • Individual inclusions into Northern Water require "Secretarial Assent" from the U.S. Secretary of the Interior, a federal process that can take 6 months or longer and it requires individual NEPA environmental reviews. The collective approach allows the Town process these properties in bulk, bypassing the significant time, cost, and red tape owners would face on their own • Utilizes the collective inclusion method under C.R.S. § 37-45-136(3.6), which is vastly more efficient than the individual process, which carries heavy filing fees and legal notice requirements for each property owner. • Facilitates future developments or well-users who may eventually require municipal water • The Water Division is paying the inclusion fees and back property taxes. Disadvantages: • Owners of vacant property may be wary of being included in an additional taxing district; however, inclusion significantly enhances long-term property value by ensuring the land is legally eligible for water service. Action Recommended: Staff Recommends approval of the ordinance Finance/Resource Impact: Budget account number, fund name, project name (if applicable), contract / obligation amount, available budget amount as of (date). Account# 503-7000-580.35-54, Project code NCWCD, $71,658 available as of November 3, 2025. Level of Public Interest: Limited Sample Motion: I move to continue Ordinance 10-26 to May 26, 2026. Attachments: 1. Ordinance 10-26 ORDINANCE NO. 10-26 AN ORDINANCE CONSENTING TO THE INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the Town of Estes Park is an allottee of the Northern Colorado Water Conservancy District for use of Colorado Big Thompson water (CBT water) within the Town's municipal water system; and WHEREAS, the rules and regulations of the Northern Colorado Water Conservancy District require that all properties receiving CBT water be included within its boundary; and WHEREAS, certain properties within the Town of Estes Park have inadvertently not been included within the boundaries of the Northern Colorado Water Conservancy District; and WHEREAS, it is necessary for the Town of Estes Park to consent to the inclusion of said properties within the Northern Colorado Water Conservancy District pursuant to the provisions of section 37-45-136(3.6) C.R.S; and WHEREAS, a notice was sent by mail to all property owners owning property to be included within the Northern Colorado Water Conservancy District notifying said property owners of the terms and conditions of this Ordinance and other District requirements; and WHEREAS, said written notice provides that any property owner could appear before the Board of Trustees of the Town of Estes Park and express any concerns prior to the adoption of this Ordinance by the Board of Trustees of the Town of Estes Park; and WHEREAS, the Board of Trustees, prior to the adoption of this Ordinance has allowed all interested parties to express their concerns regarding this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Pursuant to the provisions of section 37-45-136(3.6) C.R.S, the Board of Trustees of the Town of Estes Park hereby consents to the inclusion of the properties set forth on Exhibit "A" attached hereto and incorporated herein by reference within the boundaries of the Northern Colorado Water Conservancy District. Section 2: The Board of Trustees hereby authorizes the Utilities Director or designee to file the necessary documents for inclusion of the lands as set forth on Exhibit " A" and pay all fees necessary to accomplish the inclusion of the lands within the District. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2026. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk Attachment 1 I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2026 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2026, all as required by the Statutes of the State of Colorado. Town Clerk Exhibit A to Ordinance No. 10-26 PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3522400923 FALL RIVER ADDITION(16-73) 2531200014 GADECKI ADDITION(10-02) TO BEG, EP 3522400022 FALL RIVER ADDITION(16-73) 3526300048 PARK ENTRANCE ESTATES ADDITION(09- 94) LN LOT 10 S 0 4' 9" W 211.14 FT TO SW COR LOT 10, N 89 54' 46" W 100.87 FT, N 0 19' 15" E 211.62 FT TPOB (SPLIT FROM 35263 3516000002 FALL RIVER ADDITION TENTH, EP 3523310001 FALL RIVER ADDITION(16-73) FALL RIVER ADD TO THE TOWN OF ESTES PARK;(20050101901) LESS PHASE 1 CONDOS @20060048203; LESS SUPP 1 3516412001 LOT 1, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP 3516412002 LOT 2, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP Exhibit A to Ordinance No. 10-26 PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3536405003 DEKKER ADDITION(288) LOT 3, MAJESTIC PINES, ESTES PK 2529318001 CARLSON ADDITION(14-01) 3516412003 LOT 3, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP DEKKER ADDITION(288) 2529314005 CARLSON ADDITION(14-01) 2406212006 OUTLOT F, THE UPLANDS AT FISH CREEK ADD, EP Exhibit A to Ordinance No. 10-26 PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3515300006 FALL RIVER ADDITION SECOND AND THIRD(13-05) BANK FALL RIV, E 528 FT, N 330 FT, W TO PT ON SRLY ROW HWY 34 WH BEARS N 89 45' E 146.7 FT FROM PT WH BEARS N 1 19' E 3516400096 FALL RIVER ADDITION FOURTH(13-05) 401.15 FT, S 0 37' W 226.67 FT TPOB, S 60 40' E 114.02 FT, S 0 37' W 142 FT M/L TO C/L FALL RIV, TH WRLY ALG SD C/L TO PT S 0 3516400079 FALL RIVER ADDITION FOURTH(13-05) NRLY R/W HWY 34, TH ALG SD R/W S 60 15' E 374.9 FT, S 73 57' E 207.96 FT, TH LEAV SD R/W N 9 56' E 249.25 FT, N 36 49' 45" W 3516400087 FALL RIVER ADDITION FOURTH(13-05) ALG HWY R/W S 79 49' E 552 FT, TH LEAV HWY N 4 8' E 157.95 FT TO N LN OF SE 1/4 & ROCKY MTN NATL PK BDRY LN, TH ALG SD 3516400091 FALL RIVER ADDITION FOURTH(13-05) TH ALG ROW S 85 7' E 401.15 FT TPOB, TH ALG ROW S 85 7' E 15.85 FT, S 62 56' E 93.9 FT, TH LEAV ROW S 0 37' W 238.36 FT, N 3516400034 FALL RIVER ADDITION FOURTH(13-05) 79 49' E 552 FT TPOB, TH ALG N R/W SD HWY S 79 49' E 60.1 FT, S 60 15' E 302.26 FT, TH LEAV SD HWY R/W N 17 6' E 343.9 FT TO 3523300018 FALL RIVER ADDITION(16-73) Exhibit A to Ordinance No. 10-26 PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 2529324001 CARLSON ADDITION(14-01) UNIT 1, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158) 2529319001 CARLSON ADDITION(14-01) UNIT 1, SOLITUDE VI CONDOS, EP (20030106550) 3522433010 FALL RIVER ADDITION(16-73) UNIT 10, EMERALD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS, SUPP 5, EP 3522433011 FALL RIVER ADDITION(16-73) UNIT 11, EMERALD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS, SUPP 5, EP 3523332001 FALL RIVER ADDITION(16-73) UNIT 11A, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523332002 FALL RIVER ADDITION(16-73) UNIT 11B, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523332003 FALL RIVER ADDITION(16-73) UNIT 12A, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523332004 FALL RIVER ADDITION(16-73) UNIT 12B, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330013 FALL RIVER ADDITION(16-73) UNIT 13, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330014 FALL RIVER ADDITION(16-73) UNIT 14, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330015 FALL RIVER ADDITION(16-73) UNIT 15, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330016 FALL RIVER ADDITION(16-73) UNIT 16, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330017 FALL RIVER ADDITION(16-73) UNIT 17, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3522426002 FALL RIVER ADDITION(16-73) UNIT 2, EVANS BLDG, SUMMERSET ON FALL RIVER CONDOS, EP 3522409002 FALL RIVER ADDITION(16-73) UNIT 2, HOMESTEAD CONDOS SUPP 2, EP (20070045246) 2529317002 CARLSON ADDITION(14-01) UNIT 2, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 1 (20030096972) 2529315002 CARLSON ADDITION(14-01) UNIT 2, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (2003-0024978) 2529324002 CARLSON ADDITION(14-01) UNIT 2, SOLITUDE V CONDOMINIUMS, SUPP MAP 1 (UNIT 2), EP (20040045029) 2529319002 CARLSON ADDITION(14-01) UNIT 2, SOLITUDE VI CONDOS, EP (20030106550) 3523330020 FALL RIVER ADDITION(16-73) UNIT 20, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330021 FALL RIVER ADDITION(16-73) UNIT 21, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330022 FALL RIVER ADDITION(16-73) UNIT 22, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330023 FALL RIVER ADDITION(16-73) UNIT 23, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330024 FALL RIVER ADDITION(16-73) UNIT 24, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330025 FALL RIVER ADDITION(16-73) UNIT 25, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3523330026 FALL RIVER ADDITION(16-73) UNIT 26, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3522427003 FALL RIVER ADDITION(16-73) UNIT 3, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP 3522409003 FALL RIVER ADDITION(16-73) UNIT 3, HOMESTEAD CONDOS SUPP 2, EP (20070045246) Exhibit A to Ordinance No. 10-26 PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 2529315003 CARLSON ADDITION(14-01) UNIT 3, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (20030024978) 2529317003 CARLSON ADDITION(14-01) UNIT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 3, EP (20040011582) 2529324003 CARLSON ADDITION(14-01) UNIT 3, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158) 2529319003 CARLSON ADDITION(14-01) UNIT 3, SOLITUDE VI CONDOS, EP (20030106550) 3522427004 FALL RIVER ADDITION(16-73) UNIT 4, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP 3522409004 FALL RIVER ADDITION(16-73) UNIT 4, HOMESTEAD CONDOS SUPP 2, EP (20070045246) 2529317004 CARLSON ADDITION(14-01) UNIT 4, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970) 2529315004 CARLSON ADDITION(14-01) UNIT 4, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971) 2529324004 CARLSON ADDITION(14-01) UNIT 4, SOLITUDE V CONDOMINIUMS, (UNIT 4) EP (20040027677) 2529319004 CARLSON ADDITION(14-01) UNIT 4, SOLITUDE VI CONDOS, EP (20030106550) 3522428005 FALL RIVER ADDITION(16-73) UNIT 5, CASTLE MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 2, EP 3522409005 FALL RIVER ADDITION(16-73) UNIT 5, HOMESTEAD CONDOS SUPP 2, EP (20070045246) 2529317005 CARLSON ADDITION(14-01) UNIT 5, SOLITUDE 3 CONDOS SUPP 4, EPK (20080002696) 2529315005 CARLSON ADDITION(14-01) UNIT 5, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157 2529324005 CARLSON ADDITION(14-01) UNIT 5, SOLITUDE V CONDOS SUPP 3 LOT 5 EPK (20050016175) 2529319005 CARLSON ADDITION(14-01) UNIT 5, SOLITUDE VI CONDOS, EP (20030106550) 3523330005 FALL RIVER ADDITION(16-73) UNIT 5, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3522429006 FALL RIVER ADDITION(16-73) UNIT 6, BIG HORN MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 2529317006 CARLSON ADDITION(14-01) UNIT 6, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970) 2529324006 CARLSON ADDITION(14-01) UNIT 6, SOLITUDE 5 CONDOS SUPP 4 EP (20050037947) 2529315006 CARLSON ADDITION(14-01) UNIT 6, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157 2529329006 CARLSON ADDITION(14-01) Unit 6, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268) 3523330006 FALL RIVER ADDITION(16-73) UNIT 6, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3525326601 BEAVER POINT FIRST ADDITION(15-82) UNIT 601, PARK RIVER WEST CONDOMINIUMS, PHASE XVII, EPK (20050022660) 3525326603 BEAVER POINT FIRST ADDITION(15-82) UNIT 603, PARK RIVER WEST CONDOMINIUMS, PHASE XVII, EPK (20050022660) 3525326605 BEAVER POINT FIRST ADDITION(15-82) UNIT 605 (BLDG 21), PARK RIVER WEST CONDOS PH 19 (XIX), EP (20060017346) 3525326607 BEAVER POINT FIRST ADDITION(15-82) UNIT 607 (BLDG 21), PARK RIVER WEST CONDOS PH 19 (XIX), EP (20060017346) 3525326609 BEAVER POINT FIRST ADDITION(15-82) UNIT 609 (BLDG 21), PARK RIVER WEST CONDOS PH 19 (XIX), EP (20060017346) Exhibit A to Ordinance No. 10-26 PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3525326611 BEAVER POINT FIRST ADDITION(15-82) UNIT 611, PARK RIVER WEST CONDOS (PH 18, BLDG 22) EP, (20050100769) 3525326613 BEAVER POINT FIRST ADDITION(15-82) UNIT 613, PARK RIVER WEST CONDOS (PH 18, BLDG 22) EP, (20050100769) 3525326615 BEAVER POINT FIRST ADDITION(15-82) UNIT 615 (BLDG 32), PARK RIVER WEST CONDOS PH XVI(16) EP (20040117482) 3525326617 BEAVER POINT FIRST ADDITION(15-82) UNIT 617(BLDG 32), PARK RIVER WEST CONDOS PH XVI(16) EP (20040117482) 3525326619 BEAVER POINT FIRST ADDITION(15-82) UNIT 619, PARK RIVER WEST CONDOS PH 20 (BLDG 28) EP (20060073966) 3525326621 BEAVER POINT FIRST ADDITION(15-82) UNIT 621, PARK RIVER WEST CONDOS PH 20 (BLDG 28) EP (20060073966) 3525326623 BEAVER POINT FIRST ADDITION(15-82) UNIT 623, PARK RIVER WEST CONDOS PH 20 (BLDG 29) EP (20060073966) 3525326625 BEAVER POINT FIRST ADDITION(15-82) UNIT 625, PARK RIVER WEST CONDOS PH 20 (BLDG 29) EP (20060073966) 3525326627 BEAVER POINT FIRST ADDITION(15-82) UNIT 627, PARK RIVER WEST CONDOS, (BLDG 30) SUPP MAP, PH XIV, EP (20040086224) 3525326629 BEAVER POINT FIRST ADDITION(15-82) UNIT 629, PARK RIVER WEST CONDOS, (BLDG 30) SUPP MAP, PH XIV, EP (20040086224) 3525326631 BEAVER POINT FIRST ADDITION(15-82) UNIT 631, (BLDG 31) PARK RIVER WEST CONDOMINIUMS, PH XV, SUPP MAP, EP (20040099929) 3525326633 BEAVER POINT FIRST ADDITION(15-82) UNIT 633, (BLDG 31) PARK RIVER WEST CONDOMINIUMS, PH XV, SUPP MAP, EP (20040099929) 3526426635 BEAVER POINT FIRST ADDITION(15-82) UNIT 635, PARK RIVER WEST CONDOS, PHASE IX, EP (20030077911) 3526426637 BEAVER POINT FIRST ADDITION(15-82) UNIT 637, PARK RIVER WEST CONDOS, PHASE IX, EP (20030077911) 3525326639 BEAVER POINT FIRST ADDITION(15-82) UNIT 639, BLDG 24, PARK RIVER WEST CONDOS, SUPP MAP, PH XI , EP (20030125222) 3525326641 BEAVER POINT FIRST ADDITION(15-82) UNIT 641, BLDG 24, PARK RIVER WEST CONDOS, SUPP MAP, PH XI , EP (20030125222) 3525326643 BEAVER POINT FIRST ADDITION(15-82) UNIT 643, PARK RIVER WEST CONDOMINIUMS, SUPP MAP-PH XIII (BLDG 23) EP (20040083612) 3525326645 BEAVER POINT FIRST ADDITION(15-82) UNIT 645, PARK RIVER WEST CONDOMINIUMS, SUPP MAP-PH XIII (BLDG 23) EP (20040083612) 3525326647 BEAVER POINT FIRST ADDITION(15-82) UNIT 647, PARK RIVER WEST CONDOS, SUPP MAP, PH XII (BLDG 27), EP (20040012984) 3525326649 BEAVER POINT FIRST ADDITION(15-82) UNIT 649, PARK RIVER WEST CONDOS, SUPP MAP, PH XII (BLDG 27), EP (20040012984) 3525326651 BEAVER POINT FIRST ADDITION(15-82) UNIT 651, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552) 3525326653 BEAVER POINT FIRST ADDITION(15-82) UNIT 653, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552) 3525326655 BEAVER POINT FIRST ADDITION(15-82) UNIT 655, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552) 3522430007 FALL RIVER ADDITION(16-73) UNIT 7, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 2529317007 CARLSON ADDITION(14-01) UNIT 7, LOT 3, SOLITUDE III CONDOS, EP (20030077909) 2529315007 CARLSON ADDITION(14-01) UNIT 7, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971) 2529329007 CARLSON ADDITION(14-01) Unit 7, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268) 3523330007 FALL RIVER ADDITION(16-73) UNIT 7, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) Exhibit A to Ordinance No. 10-26 PARCELNUM (Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION 3522430008 FALL RIVER ADDITION(16-73) UNIT 8, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 3523330008 FALL RIVER ADDITION(16-73) UNIT 8, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621) 3522432009 FALL RIVER ADDITION(16-73) UNIT 9, OLD MAN MTN BLDG, SUMMERSET ON FALL RIVER CONDO, SUPP 4, EP 3402410001 KIOWA RIDGE ADD(01-00) UNPLATTED AREA (ASSESSOR'S TRACT A) , KIOWA RIDGE SUBDIVISION (2000012116), EP 3402410902 KIOWA RIDGE ADD(01-00) UNPLATTED AREA (ASSESSOR'S TRACT B) KIOWA RIDGE SUBDIVISION (2000012116), EP 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. To: Through: From: Report Honorable Mayor Hall & B oard of Trustees Town Administrator Machalek Carlie Speedlin, Housing and Childcare Manager Department: Administration Date: May 12, 2026 Subject: 2025 Impact Report for 6E Workforce Housing and Childcare Lodging Tax Funds Objective: Presentation of the 2025 Impact Report demonstrating the financial distribution and impact of 6E Lodging Tax funds for housing and childcare. Present Situation: On an annual basis, the Town of Estes Park provides a detailed impact and financial report on the revenue and expenditure from the previous year’s distribution of Lodging Tax Extension (6E) funds to support housing and childcare for the Estes Valley workforce. The report is focused on the outcomes and effectiveness of the funded programs, as well as the management and oversight of 6E funds. This document serves as a continuation of the Annual Workforce Housing and Childcare Funding Plan (Annual 6E Funding Plan), approved annually by the Town of Estes Park, Larimer County Commissioners, and Visit Estes Park. Proposal: Consider the data and information presented in the Annual Impact Report. Advantages: •Public reporting on tax revenue demonstrates transparency and effective distribution and expenditures of funds. Disadvantages: None. Action Recommended: Staff recommends that the Town Board receive the 2025 Impact Report for 6E Workforce Housing and Childcare Lodging Tax Funds. Finance/Resource Impact: N/A Level of Public Interest: Moderate Attachments: 1.2025 Impact Report for 6E Workforce Housing and Childcare Lodging Tax 1 2025 Impact Report for 6E Workforce Housing and Childcare Lodging Tax Funds Introduction Annually, the Town of Estes Park publishes an impact and financial report detailing the prior year’s distribution of 6E Lodging Tax Extension (6E) funds dedicated to housing and childcare for the Estes Valley workforce. Now in its third year of implementation, this report emphasizes program outcomes, measurable impact, and the effectiveness of investments made through 6E funding, providing the public with transparent financial stewardship and oversight. The report demonstrates a clear picture of how resources are allocated, how programs are performing, and how investments are advancing workforce stability and community priorities. It serves as a continuation of the Annual Workforce Housing and Childcare Funding Plan (Annual 6E Funding Plan), as approved by the Town of Estes Park, the Larimer County Board of Commissioners, and Visit Estes Park, and reflects the community’s ongoing commitment to data-driven decision-making and long-term solutions. About 6E Lodging Tax Extension In November 2022, residents of the Estes Valley within the Visit Estes Park Local Marketing District voted to approve Ballot Initiative 6E to increase the lodging tax rate from 2% to 5.5%. This increase to the lodging tax was expected to generate approximately $5 million in annual revenue dedicated to addressing workforce housing and childcare needs in the Estes Valley. In coordination with Larimer County, the Town of Estes Park serves as the recipient and steward of 6E Lodging Tax funds and is responsible for administering the revenue in alignment with voter intent. To support effective oversight and coordination of these investments, the Town established the role of Housing and Childcare Manager to facilitate and lead partnerships, and develop and administer programs and processes to ensure responsible management of the tax revenue. To advance workforce housing initiatives, the Town partners with the Estes Park Housing Authority (EPHA). Beginning in July 2023, EPHA became the primary recipient of 6E Lodging Tax funds dedicated for housing through a memorandum of understanding with the Town, enabling the organization to lead housing acquisition, development, and program implementation. Funds not allocated to EPHA are retained by the Town and administered Attachment 1 2 through grants and subsidies that support childcare providers, families, and related initiatives across the Estes Valley. All distributions of 6E Lodging Tax revenue must remain consistent with the original ballot language, the Intergovernmental Agreement between Larimer County and the Town of Estes Park, and the priorities established in the adopted Annual Workforce and Childcare Funding Plan (Annual 6E Funding Plan). Why Lodging Tax? The Visit Estes Park Local Marketing District was established in 2009 to promote tourism and support the long-term vitality of the Estes Valley. Tourism remains a foundational driver of the local economy, with a significant portion of the municipal budget supported by sales tax revenue generated by visitors. As a gateway community to the Rocky Mountain National Park, the Estes Valley welcomes more than 4 million visitors annually and must continue to invest in the infrastructure that sustains its economy and quality of life. Workforce housing and childcare are essential components of that infrastructure, ensuring that the local workforce can live and work in the community they serve. The 6E Lodging Tax, separate from the local sales tax, further strengthens the community’s financial capacity by diversifying the local funding portfolio and providing an important source of local matching funds for regional, state, and federal investment opportunities. With more than 6,000 lodging units operating within the Local Marketing District, the lodging tax represents a stable and significant revenue stream that helps support long-term economic resilience in this gateway mountain community. 2025 Financial Review The Estes Valley economy relies on sales and lodging tax revenue generated through tourism. In 2025, tourism activity remained relatively stable, with both sales tax and lodging tax revenues increasing modestly from the previous year. Early in 2025, lodging data indicated improvement over 2024, with occupancy rates increasing by approximately 10%. Despite this improvement, visitation patterns reflected broader regional and statewide trends of slower growth, and peak summer visitation did not significantly exceed 2024 levels. These patterns suggest the local tourism market is stabilizing following the rapid rebound experienced following the COVID pandemic. These trends are reflected in the performance of 6E Lodging Tax revenues throughout 2025. As visitation stabilizes and occupancy levels improve modestly, lodging tax collections remain strong overall and consistent with projections. While growth was moderate, the stability of visitation and overnight stays continued to generate reliable lodging tax revenue to support community investments through the 6E Lodging Tax. 1 2025 Monthly 6E Lodging Tax Revenue Month Revenue Revenue presented in the following charts reflects the month of stay and does not account for remittance timing. 6E Lodging Tax revenue is typically received up to three months after the month the tax is collected by the State of Colorado. After collection, revenue is distributed to Visit Estes Park, which retains 10% of the 6E Lodging Tax Extension as required by state legislation. The remaining funds are transferred to the Town of Estes Park. In January of each year, a lump sum is retained by the Town for personnel and operating expenses related to the position of Housing and Childcare Manager. Annual 6E Lodging Tax Allocation to Housing and Childcare *Smaller figure due to the hiring of the Housing and Childcare Manager in August 2023 Each year, the allocation of 6E Lodging Tax funds between workforce housing and childcare initiatives is established through the Annual 6E Funding Plan, which is reviewed and approved by Visit Estes Park, the Town of Estes Park Board of Trustees, and the Larimer County Board of Commissioners. This process directs funding priorities and reflects current data, community outreach, and recommendations from recent reports, needs assessments, and strategic plans. Annual Housing and Childcare Split Workforce housing funds are transferred to the Estes Park Housing Authority (EPHA) in accordance with the memorandum of understanding between the Town and EPHA, while childcare funding is administered by the Town through established funding policies and programs. Dedicated fund accounts within the Town budget track both housing and childcare expenditures to ensure transparency and accountability. 2 Annual Revenue by Month since 2023 2025 Financial Statement For January 1- December 31, 2025 Revenue $5,512,500 $5,997,618 Housing Expenditures $4,974,820 Childcare Expenditures $1,075,000 Childcare Initiatives The priorities presented in the 2025 Annual Funding Plan were consistent with what was presented in the 6E ballot initiative framework in 2022, to include addressing childcare workforce challenges, facilities and capital grants, tuition assistance, and out-of-school programming. The distribution of 6E Lodging Tax funds is in alignment with the following priorities, as voted upon by the Estes Valley constituents and at the direction of the Town Board and County Commissioners. Tuition Assistance: Affordable childcare is essential for supporting working families, enabling parents to balance their careers and caregiving responsibilities. 3 Out-of-School Programming: When school is not in session, provide a safe and engaging environment for children outside of school hours, promoting social interaction, learning, and personal growth. Childcare Workforce: Supporting the childcare workforce is essential for ensuring high-quality care and education, enabling caregivers to thrive and positively impact the development of children. Facility Expansion: New facilities and facility improvements are designed to create nurturing and stimulating environments to enhance early childhood development and increase capacity. 2025 Childcare Summary Updates to Town Policy 225: Childcare Funding Guidelines were updated in June 2025 to establish a more structured 6E Lodging Tax distribution method for childcare initiatives. These policy updates included a Priority Grant framework for childcare facilities, capital grants, and out-of-school program grants. Evaluation of the Annual Workforce Subsidy directed the expansion of the program and was repackaged as the Childcare Stability Initiative, providing annual base funding for operations and staffing costs for critical childcare providers and programs in the Estes Valley. Policy updates increased staff spending authority to $50,000 in an effort to reduce the frequency with which staff came to the Town Board for approval for the distribution of 6E Lodging Tax funds for childcare assistance grants. All childcare funding is administered through the Housing and Childcare Manager. Applications are evaluated by a staff review committee in accordance with the grant framework and strategies outlined in the Annual Funding Plan for approval. If the award is more than $50,000, the review committee will provide a staff recommendation to the Town Board based on this evaluation criteria. The following funds were awarded and distributed in each priority area in 2025: 4 2025 Childcare Priority Objectives Going into 2025, the following key objectives for each priority area were identified in the Annual Funding Plan: Tuition Assistance: Develop a coordinated childcare tuition assistance system that complements existing programs, serves working families in the Estes Valley through middle-income levels, and strategically reinforces local assistance efforts focused on low-income households. Out-of-School Programming: Expand school-age programming during out-of-school periods to increase capacity and ensure consistent, reliable care for children when school is not in session. Childcare Workforce Challenges: Address childcare workforce challenges by coordinating with community partners to strengthen the early childhood workforce pipeline, improve access to benefits, and provide direct assistance through grants to family home providers and newly licensed programs. Facility Expansion: Advance capital and facility projects by establishing a grant program to support local childcare providers and reducing land-use barriers that hinder the development of new childcare facilities in the Estes Valley. Tuition Assistance In 2025, the launch of a middle-income tuition assistance program occurred in August and was administered through our county partners, the Early Childhood Council of Larimer County (ECCLC). With the addition of the program, all working families in the Estes Valley that fall under 110% AMI were financially eligible for tuition assistance. While funding for tuition assistance has exponentially increased since 2023, and childcare capacity has remained steady, more and more low-income families are qualifying for and receiving assistance. Since the freeze on the Colorado Childcare Assistance Program in February 2024, EVICS Family Resource Center has expanded the eligibility of its short-term assistance program to include families who would normally have been waitlisted. Regardless of expanded eligibility and more funding available for assistance than ever, childcare providers in the Estes Valley believe affordability remains a barrier to families and are setting rates based on what they think families can afford, rather than the actual cost of care. Many rely on the Town’s Annual Workforce Subsidy (now the Childcare Stability Initiative), fundraising, and grants to subsidize the margin between the cost of care and tuition rates. Growth in Assistance & Investment Tuition Assistance in the Estes Valley has expanded significantly in both reach and financial support since Ballot Initiative 6E passed in 2023. The share of children enrolled in care who 5 receive assistance from EVICS Family Resource Center increased from 21% in 2023 to 55% in 2025—a 34% increase that reflects a substantial broadening of access for working families. During the same period, total program awards grew from $110,000 to $257,000 annually. This increased investment has enabled the program to respond more effectively to rising childcare costs and the widening affordability gap faced by local households. By supporting a greater proportion of enrolled children, the program is helping stabilize families, sustain workforce participation, and strengthen the financial viability of local childcare providers. Together, the expansion in both participation and funding demonstrates the community’s commitment to ensuring that childcare remains accessible and that working families in the Estes Valley have the support necessary to remain in the workforce and contribute to the local economy. Childcare Workforce Annual Workforce Subsidy, relaunched as the Childcare Stability Initiative in 2025, continues to strengthen the stability and capacity of the childcare system in the Estes Valley. Prior to the introduction of the subsidy, many early childhood teaching positions were compensated at or near minimum wage. With Town funding and established minimum wage standards, childcare programs have increased wages, expanded benefits, and implemented retention strategies that support a more consistent, year-round workforce. These investments have resulted in improved staff retention, particularly among teachers, and have reduced reliance on seasonal employment. Greater workforce stability has allowed programs to confidently increase enrollment and serve more children, directly supporting families and the local workforce. In programs that already met minimum wage thresholds, subsidy funds have been used to reinforce retention through bonuses and benefits, helping maintain low teacher turnover and improve continuity of care. Despite these gains, compensation continues to lag behind the cost of living in the Estes Valley, contributing to higher turnover for aides and part-time positions. Overall, the Annual Workforce Subsidy has increased wages, strengthened retention, and expanded childcare capacity. Continued investment- alongside complementary strategies addressing housing, benefits, and career pathways- will be essential to ensuring childcare remains a viable profession and that affordable, high-quality care is available to families in the Estes Valley. Collaborative Objectives The 2025 Annual 6E Funding Plan proposed three collaborative strategies to support childcare providers and the early childhood education workforce, including mortgage and rental assistance, affordable healthcare access, and expanded early childhood education workforce pathways within the high school Career and Technical Education program. 6 ●The Workforce Rental Assistance program established by EPHA was identified as a tool to help address housing-related costs for childcare providers and employees in the field of early childhood education. To date, three individuals within the early childhood education field have utilized the program. ●While no new initiatives advanced this year related to healthcare support for providers, coordinated efforts were made with Salud Family Health Center to market their existing low-cost and accessible medical, dental, and behavioral health services to the childcare workforce. ●Participation in the P-TEACH program offered through the Estes Park School District has grown since 2023, from serving 17 high school students to 34 this year. The program includes a dedicated early childhood education track, with the potential for additional growth of the program, dependent upon staffing. The program demonstrates collaborative efforts across the Estes Valley to strengthen the workforce pipeline for roles and support future childcare capacity in the Estes Valley. Out-of-School Programming Targeted investments in out-of-school care and school-age childcare strengthened the community’s ability to meet growing demand for care outside traditional school hours. Subsidized funding supported programs providing after-school care, summer childcare, and full- day care on non-school days, helping families maintain consistent employment while children remained in safe, structured environments. Funds were distributed through direct grants to the Estes Valley Recreation and Park District, YMCA of the Rockies, Estes Park Elementary School, and Boys and Girls Club of Larimer County to support out-of-school programming. Program sponsors reported measurable increases in the number of children served, extended program hours, or added service days to better align with family and workforce needs, all attributed to the increase in available funding through 6E. By prioritizing funding for existing providers in 2025 with the ability to expand and scale, these investments strengthened existing programs while increasing overall capacity across the out-of- school system. This approach ensured that 6E Lodging funds were used to address gaps, while reinforcing the stability and sustainability of school-age childcare options for families in the Estes Valley. Approved policy changes established consistent, annual operational funding for out-of-school programs under the Childcare Stability Initiative, and created a formal framework for Out-of- School Grants, offering a structured, more competitive application process that ensures accountability and a clear link between public investment and expanded program capacity in future years. 7 Population Trends The number of students enrolled in the Estes Park School District has declined by 18% (over 200 students) since the start of the COVID-19 pandemic. Childcare providers and out-of-school programs report that enrollment trends are aligning with these broader population shifts, with the greatest impact in the lower grades and age groups. Overall, summer program capacity is approaching total elementary school enrollment. Out-of- school program sponsors reported that staffing rather than facility space is the primary constraint to increasing enrollment. As a result, funding for workforce recruitment, retention, and pipeline development remains central to strengthening out-of-school programming. Capital and Facilities The Town advanced its capital and facility objectives by establishing a more structured framework for childcare capital investments, aligned with the Childcare Strategic Plan’s goal to maintain a dedicated capital grants program for the development, redevelopment, remodeling, and expansion of childcare facilities. This framework clarifies how funds are allocated annually, while preserving a reserve fund to support large, one-time childcare expenditures and provide stability during years of fluctuating revenue. The Childcare Facility and Capital Funding Grant program was designed to address long-term infrastructure needs by supporting new facility development, fund improvements to existing spaces, and expansions that increase childcare capacity. The framework also allows for future consideration of incentive and matching grant programs to encourage the conversion of existing commercial spaces into childcare facilities through public-private partnerships. In parallel, the Housing and Childcare Manager began exploring Development and Municipal Code changes to reduce land-use barriers that limit the development of new childcare facilities in the Estes Valley. While this framework establishes an important foundation for future capital investments, current providers report that they have the physical space needed to serve additional children but lack the staffing capacity to increase enrollment. In some cases, providers are already operating below their potential capacity due to workforce limitations, rather than space constraints. These findings underscore the importance of aligning capital investments with workforce stabilization efforts. Ongoing dedicated funding to capital and facilities positions the Town to respond strategically as staffing capacity grows, new providers enter the Estes Valley, and demand shifts in future years. Capital and facility funding is a critical long-term strategy that will be outlined in more detail with the Estes Valley Childcare Facility Master Plan in 2025. Mountaintop Childcare Facility In October 2024, the Town purchased the Mountaintop Childcare facility to preserve 40 preschool spots. This purchase was completed with 6E Lodging Tax revenue in 2024 and 2025. Revenue received from leasing the facility to Mountaintop Childcare is placed in a separate account from the 6E Lodging Tax and set aside for the costs associated with the Town owning 8 and maintaining the facility. Mountaintop Childcare is eligible for Childcare Stability Initiative funding and Priority Grants. Capital Funding in Practice: Little Kid Montessori School Little Kid Montessori School received a Childcare Facility and Capital Funding Grant, approved by the Town Board, to support start-up costs for a new childcare facility. Funds were distributed in phases based on the completion of defined milestones. While navigating the licensing process, unforeseen barriers related to the identified location made it impossible for the provider to utilize that location, ultimately leading to the termination of the lease. While the project could not move forward at that location, Little Kid Montessori remains committed to identifying a viable alternative site. This experience underscores the importance of addressing land-use barriers, building code requirements, and site suitability for childcare facilities across the Estes Valley. The Town was awarded funding from the Colorado Department of Local Affairs (DOLA) in 2025 to develop a Childcare Facility Master Plan, scheduled for completion in summer 2026, which will help guide future facility development and capital investments across the valley. Childcare Outcomes The distribution of over $650,000 in 2025 advanced a more accessible and sustainable childcare system through expanded tuition assistance, workforce investment, and strategic capital planning. A new middle-income tuition assistance program made all working families earning up to 110% AMI eligible for financial support. Since 2023, the share of children receiving assistance increased from 21% to 55%, and annual awards have grown from $110,000 to $257,000, providing a stronger workforce and a more sustainable community. Workforce investments improved wages, benefits, and retention, allowing programs to stabilize enrollment and reduce turnover. Targeted grants to the Estes Valley Recreation and Parks District, YMCA of the Rockies, Estes Park Elementary School, and Boys and Girls Club of Larimer County expanded out-of-school capacity through additional hours and service days, supported by a new formal grant framework to ensure long-term accountability and growth. Together, these efforts, alongside preserved preschool capacity and a new capital funding framework, demonstrate a coordinated strategy to sustain and strengthen childcare across the Estes Valley, positioning the community to respond to future growth and changing needs. -Expanded tuition assistance to include middle-income working families -Over 150,000 in financial assistance provided for children in OOS programs -Participation in teaching program at the high school doubled 9 -Capital investment in start-up costs for new school supporting new capacity Housing Initiatives The priorities presented in the 2025 Annual Funding Plan were consistent with what was presented in the ballot framework in 2022 to include land and property acquisition, predevelopment of property owned by the Town and Estes Park Housing Authority, the development of housing assistance programs, and increasing staffing to support these priorities. The distribution of 6E Lodging Tax funds are in alignment with the following priorities, as voted upon by the Estes Valley constituents and at the direction of the Town Board and County Commissioners. Land Banking: The acquisition of undeveloped or underused land to reserve it for future affordable and workforce housing development. Development: Increasing the quantity of housing available for the workforce through new construction supports essential workers who need housing within reasonable proximity to their jobs. Assistance Programs: Rising housing costs make it so many members of the local workforce struggle to find housing within their budget. Assistance programs bridge the affordability gap. Staff and Administrative Costs: Increased number of staff at the Estes Park Housing Authority are necessary to provide essential services and administer programs to fulfill housing initiatives. 2025 Housing Summary Estes Park Housing Authority (EPHA) was created by the Town of Estes Park in 1996 and is a quasi-governmental entity. EPHA Board Members are appointed by the Town Board and is subject to the same auditing requirements as other public entities in Colorado. In July 2023, the Town of Estes Park and EPHA entered into a memorandum of understanding (MOU) identifying EPHA as the pass-through organization to receive 6E funds to address housing for the workforce. EPHA stewards 6E funds by aligning the distribution of funds with the Annual Funding Plan. EPHA supports the drafting of the Annual Funding plan by participating in community outreach with stakeholders and through the implementation of their Annual Housing Supply Plan. 6E Lodging Tax revenues were both strategically allocated and directly distributed to advance the community’s housing priorities. A portion of funds was expended to support active initiatives, enabling EPHA to respond to emerging opportunities, maintain project momentum, and address immediate housing needs. At the same time, a significant share of 2025 funding was committed or reserved for projects that will deliver future housing outcomes. 10 The following funds were awarded and distributed in each priority area in 2025: 2025 Priority Objectives Going into 2025, the following key objectives for each priority area were identified in the Annual Funding Plan: Property Acquisition: Acquire and preserve existing properties as workforce housing units by acting quickly and nimbly to secure opportunities that maintain long-term affordability for the local workforce. Staffing and Capacity Building: Build organizational capacity by adding staff and expertise in finance, accounting, and operations, including strategic use of 6E funds as needed to support the scaling and successful execution of rental housing operations. Predevelopment of Existing Property: Advance the predevelopment of publicly owned properties to efficiently deliver new workforce housing units that expand supply and meet current workforce needs. Rental Assistance: Extend the workforce rental assistance pilot program to provide financial support for the local workforce. Property Acquisition The Town of Estes Park and EPHA made significant progress toward the objective of acquiring and preserving existing properties as workforce housing by acting quickly and strategically to secure opportunities that maintain long-term affordability for the workforce. The completion of two major acquisitions in late 2024- Fall River Village and Beaver Brook- represents the achievement of this objective in 2025. These acquisitions, which were extremely impactful for the community, preserved existing housing stock, prevented market-rate displacement, and ensured long-term affordability for workforce households in the Estes Valley. In addition to these completed acquisitions, EPHA entered into a purchase and sale agreement for an approximately 10-acre parcel for potential future housing development. This step strengthens the Valley’s pipeline of workforce housing opportunities and positions the community to respond proactively to future demand through thoughtful, phased development. 11 Debt Support 6E Lodging Tax revenue was strategically deployed to support debt service on Fall River Village, reinforcing a commitment to long-term preservation of acquired workforce housing assets. This investment strengthened the financial performance and sustainability of Fall River Village by enhancing operational stability, minimizing rent increases, and ensuring that the property could continue serving middle-income working residents of the Estes Valley. Predevelopment of Existing Property The advancement of predevelopment of publicly owned properties positioned new workforce housing units for timely delivery and long-term community benefit in 2025. Multiple high-impact initiatives moved forward through critical early phases, including Fall River Village, 775 Riverside, and the Fish Hatchery neighborhood. Work during the year focused on advancing entitlement strategies, feasibility analysis, and public communication, laying the groundwork for efficient implementation in future phases. EPHA strengthened its internal capacity to manage an expanding development pipeline while maintaining strong operational performance across existing workforce housing properties. This dual focus ensures the organization is prepared to deliver new units at a scale while sustaining the long-term affordability and quality of current housing assets. Workforce Housing Development Pipeline and 2030 Targets New workforce housing development remains essential to achieving the 2030 housing goals outlined in the 2023 Housing Needs Assessment and Strategic Plan. EPHA demonstrates measurable progress in creating new units, but the development environment remains constrained. Community opposition to housing solutions, coupled with persistent macroeconomic pressures, has created headwinds that affect both EPHA and private developers. Elevated interest rates and a tight lending market have increased project costs and slowed timelines across the region. At the same time, housing retains strong funding momentum at both the local and state levels. The passage of Colorado Proposition 123 and the Town of Estes Park’s successful 2023 opt-in enabled EPHA to secure a $7 million investment commitment from Colorado Housing and Finance Authority (CHFA) for the Fall River Village project, which was a critical step forward in advancing workforce housing inventory. However, a significant state budget shortfall in 2026 has constrained funding for certain Proposition 123 programs, including the Land Banking Program, reinforcing the importance of local focus and diversified funding strategies. Despite these challenges, the Estes Valley must remain committed to delivering housing solutions that meet the needs of our workforce and sustain progress toward 2030 targets. 12 Workforce Housing Supply Pipeline by AMI Planned since Assistance Programs Housing costs continue to challenge many members of the local workforce, making rental assistance programs a critical tool to bridge the affordability gap. In 2025, EPHA successfully transitioned the Workforce Rental Assistance (WRFA) Program from its pilot phase to a fully implemented, sustainable program in June. Lessons learned during the pilot phase informed a stronger program design, incorporating clear checks and balances that support participating households while remaining responsive to landlord responsibilities and operational realities. The transition to the official program was implemented seamlessly by re-qualifying participants at lease renewal in accordance with program guidelines, ensuring continuity of support without disruption to residents or property owners. The program served 32 households in 2025, distributing a total of $157,120 in assistance, and saw attrition of 13 households transitioning out of the program at lease renewal due to no longer qualifying or by choice. This transition marks an important milestone in delivering reliable, structured assistance that stabilizes workforce households and strengthens the broader housing system in the Estes Valley. 6E Lodging Tax funds were directly distributed to Crossroads Ministry for the administration and assistance grants for the Workforce Rental Assistance Program and to Habitat for Humanity to support the financing of affordable homeownership opportunities. Funds were also set aside in the 2025 Reserves for assistance programs totaling $1,000,000. Deed Restriction Programs Estes Park Housing Authority advanced its goal of expanding affordable homeownership opportunities for the local workforce through the development of an enhanced down payment assistance and deed restriction strategy. During the year, EPHA received approval for a new enhanced Shared Equity Down Payment Assistance program designed to support workforce homebuyers while securing long-term affordability through deed restrictions on participating properties. The program structure and partnership framework were substantially finalized in 2025, positioning EPHA for an official rollout in partnership with Impact Development Fund in the first quarter of 2026. This initiative represents a key step toward increasing the inventory of deed- 13 restricted homes in the Estes Valley and creating attainable pathways to homeownership for local workforce households. Staffing and Administrative Costs 6E Lodging Tax funds enabled EPHA to build the staff capacity needed to implement housing strategies and directly support the development, operation, and implementation of new workforce housing initiatives. EPHA has been fully staffed as originally scoped following the passage of the Lodging Tax extension in 2023. As EPHA’s portfolio expanded, additional operational positions were added as needed to support existing properties. These roles are funded through property operating revenue and not through 6E Lodging Tax funds. With the staffing objective successfully achieved, the 2026 Annual 6E Funding Plan removed this priority, reflecting EPHA’s readiness to focus future 6E investments on direct housing delivery and development outcomes for the Estes Valley. The ongoing costs for administration and operations will not be represented as new goals or objectives in future Annual 6E Funding Plans, but will be reported on in the Annual Impact Reports. Staffing and administrative costs include key positions as described above, accounting fees for services, computer supplies, marketing and communications, and base funding to cover a percentage of general operations. Housing Outcomes Estes Park Housing Authority (EPHA) strengthened housing stability while building the capacity needed to deliver future workforce housing. EPHA successfully operated and maintained approximately 334 multifamily rental homes while completing the aforementioned acquisitions in late 2024 (Beaver Brook and Fall River Village) that added more than 100 workforce dedicated homes across a range of income levels and introduced EPHA’s first seasonal housing options for the local summer workforce. These acquisitions reflect a strategic focus on converting well- maintained lodging properties from short-term rental use into long-term workforce housing. At the same time, EPHA advanced multiple high-impact housing initiatives, moving critical work forward on feasibility, entitlement strategy, and public communication. Early indicators in 2025 suggest that the addition of new workforce housing supply has contributed to downward pressure on asking rents, while protecting lease-up rates demonstrate strong, sustainable demand. Investments in internal systems, financial stewardship, and community engagement further positioned EPHA to manage a growing portfolio, protect long-term affordability, and deliver the next generation of workforce housing in the Estes Valley. -The purchase of 10-acres of vacant land ensures thoughtful future development. -134 deed-restricted workforce housing units in predevelopment -Workforce Rental Assistance Program served 32 households in 2025 -Aligned increase in operations and staffing, ensuring organizational sustainability 14 Final Summary A Year of Stabilization Three years into the implementation of the 6E Lodging Tax extension, the partnership between the Town of Estes Park and the Estes Park Housing Authority (EPHA) has moved from foundational program design to sustained delivery of housing and childcare solutions for the Estes Valley workforce. Strategic investments are now translating into measurable outcomes, strengthened systems, and long-term community benefit. In housing, EPHA operated and maintained more than 330 workforce-restricted homes while adding over 100 new deed-restricted units through strategic acquisitions that converted former short-term lodging into long-term workforce housing. These efforts expanded affordability across income levels, introduced seasonal workforce housing for the first time, and contributed to early signs of downward pressure on asking rents. Assistance programs matured into sustainable tools, and with planned staffing capacity achieved, EPHA is positioned to continue delivering housing at scale while protecting long-term affordability. In childcare, 6E Lodging Tax investments continue to stabilize and expand access to care for working families. Through tuition assistance, provider support, and coordinated funding strategies, local subsidies helped bridge the gap between the true cost of care and what families can afford. Together, these housing and childcare initiatives reflect disciplined financial stewardship, coordinated local partnership, and a shared commitment to workforce stability. The collaboration between the Town and EPHA is building a more resilient and sustainable Estes Valley where working households have greater access to stable housing, reliable childcare, and long-term opportunity. 6E Workforce Housing and Childcare Lodging Tax 2025IMPACT REPORT Attachment 2 ANNUAL TIMELINE Q1 Q2 Q3 Q4 Annual Impact Report summarizes the previous year’s distribution of funds Town of Estes Park Strategic Planning Process directs next year’s budget, including 6E Funds Stakeholder Outreach for the Annual Funding Plan Local Marketing District, County, and Town consider the approval of the Annual Funding Plan Final Approval of the Annual Funding Plan WHAT IS 6E? In November 2022, voters approved Ballot Initiative 6E, increasing the lodging tax from 2% to 5.5% FINANCIAL OVERVIEW $5,997,618 6E LODGING TAX REVENUE January February March April May J une J uly August September October November December November February MONTHLY 6E LODGING TAX REVENUE MONTHLY 6E LODGING REVENUE COMPARISON 2023 2024 2025 6E Revenue $5,309,126 $5,650,241 $5,997,618 Town Retention $65,065*$147,373 $119,066 Housing $4,606,966 $4,824,841 $4,679,028 Childcare $597,305 $678,029 $1,199,524 *Smaller figure due to the hiring of the Housing and Childcare Manager in August 2023 202 3 202 4 202 5 ANNUAL HOUSING AND CHILDCARE SPLIT CHILDCARE INITIATIVES Develop a coordinated childcare tuition assistance system that complements existing programs, serves working families in the Estes Valley through middle-income levels, and strategically reinforces local assistance efforts focused on low-income households. OBJECTIVE The percentage of children receiving assistance increased from 21% to 55%. $365,000 EXPENDITURE This support hasn’t just eased our financial burden—it’s given us stability, peace of mind, and the ability to stay rooted in this community that we care so much about. I’m incredibly grateful that my family can benefit from that foundation too. Address childcare workforce challenges by coordinating with community partners to strengthen the early childhood workforce pipeline, improve access to benefits, and provide direct assistance through grants to family home providers and newly licensed programs. OBJECTIVE Early Childhood Education professionals and childcare providers are utilizing the Workforce Rental Assistance Program. $105,000 EXPENDITURE Expand school-age programming during out -of -school periods to increase capacity and ensure consistent, reliable care for children when school is not in session. OBJECTIVE Increased capacity and enrollment in summer school -age programs. $135,000 EXPENDITURE The Childcare Stability Initiative funding has significantly impacted the stability of the Inclusion Program at the YMCA of the Rockies, providing special education and critical services for families that otherwise don’t have quality care for their children during the summer months. Advance capital and facility projects by establishing a grant program to support local childcare providers and reducing land -use barriers that hinder the development of new childcare facilities in the Estes Valley. OBJECTIVE Repayment of General Fund loan for $400,000 for the purchase of Mountaintop Childcare in 2024. $470,000 EXPENDITURE Facility Expansion Childcare Workforce Tuition Assistance Out -of -School Distribution Areas More than 50% of the funds distributed in 2025 went directly back into the hands of working families through childcare tuition assistance programs. HOUSING INITIATIVES Acquire and preserve existing properties as workforce housing units by acting quickly and nimbly to secure opportunities that maintain long -term affordability for the local workforce. OBJECTIVE Acquisition of 10 acres of vacant land for future housing development. $2,529,404 EXPENDITURE STORY OF IMPACT Living at Fall River Village has been a wonderful experience! I’ve enjoyed having stable, affordable housing while living in a neighborhood that truly feels like a community. I get to walk to Town and it’s an easy commute to work. If I didn’t find housing at Fall River Village, I was looking to move out of town in order to keep rent affordable for my family. Advance the predevelopment of publicly owned properties to efficiently deliver new workforce housing units that expand supply and meet current workforce needs. OBJECTIVE 134 deed-restricetd workforce housing units are currently in the development pipeline. $744,029 EXPENDITURE Extend the workforce rental assistance pilot program to provide financial support for the local workforce. OBJECTIVE 32 households received Workforce Rental Assistance in 2025. $1,000,000 EXPENDITURE STORY OF IMPACT A monthly subsidy allowed me to stay in my rental. Once I was approved, the assistance was deducted from my monthly rent, and I didn’t have to think about it again. It provided consistency through the winter months when it can be hard to keep up with bills and rent. Build organizational capacity by adding staff and expertise in finance, accounting, and operations, including strategic use of 6E funds as needed to support the scaling and successful execution of rental housing operations. OBJECTIVE $701,387 EXPENDITURE Distribution Areas Assistance Programs Staff and Admin Development Land Banking 2025 OUTCOMES Strategic investments are now translating into measurable outcomes, strengthened systems, and long-term community benefit. THANK YOU 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. To: Through: From: Report Honorable Mayor Hall & B oard of Trustees Town Administrator Machalek Carlie Speedlin, Housing and Childcare Manager Department: Administration Date: May 12, 2026 Subject: Draft Childcare Facility Master Plan and Recommended Best Practices Objective: Introduction to the Draft Childcare Facility Master Plan and recommended best practices for Town Board consideration. Present Situation: The Town of Estes Park secured grant funding from the Colorado Department of Local Affairs (DOLA) to develop a Childcare Facility Master Plan and implement at least one policy or program change that supports the development of childcare facilities. The Town executed a Professional Services Agreement with Executives Partnering to Invest in Children (EPIC) to complete this work. Staff has prepared an overview of the project and a draft policy/program update for the Town Board’s review and feedback. The Town Board will consider the latest draft and recommended best practices for adoption as part of a scheduled action item on June 9. As a condition of the DOLA grant, the Town must adopt at least one qualifying best practice approved by DOLA and/or aligned with HB24-1237 to advance local childcare capacity. The draft Childcare Facility Master Plan incorporates recommended best practices identified by EPIC for the Town’s consideration, including the following: •Recommendation 1: Adopt Child Care-Friendly Land Use and Zoning The Town should update its zoning and regulatory framework to recognize childcare as essential community infrastructure and eliminate barriers to development and expansion. This includes expanding where childcare is permitted to Planned Unit Development (PUD) and residential areas, streamlining permitting and review process, aligning local requirements with state licensing standards, and identifying and prioritizing viable facility sites. These actions will establish a clear, consistent regulatory pathway to support new and expanded childcare facilities. • Recommendation 2: Establish a Public-Private Partnership Strategy The Town should adopt a formal partnership framework to coordinate facility development, funding, and long-term operations. This framework should clearly define the Town’s role alongside those of providers, employers, and funding partners, while supporting the development of diversified capital funding strategy. It should also require that all projects demonstrate a sustainable operating model and secure partner commitments before approval. This approach ensures that projects are feasible, fundable, and positioned for long-term success. Together, these recommendations establish a coordinated, cross-departmental approach to streamline approvals, reduce costs and delays, and provide clear, predictable requirements for childcare facility development in the Estes Valley. Proposal: Consider the information and DOLA best practices presented in the Childcare Facility Master Plan Advantages: • Strategic, data-informed decision making related to childcare facilities. Disadvantages: None. Action Recommended: Staff recommends that the Town Board accept the first draft of the Childcare Facility Master Plan to be submitted to DOLA, per grant requirements. Finance/Resource Impact: N/A Level of Public Interest: Moderate Attachments: 1. Draft of the Childcare Facility Master Plan ESTES VALLEY CHILDCARE FACILITY MASTER PLAN Working Draft Framework 1.Executive Summary Contents: •Purpose of the childcare facility master plan •Key findings •Major recommendations •Priority facility investments •Implementation timeline •Estimated funding needs The Town of Estes Park has been awarded a Child Care Planning Grant from the Colorado Department of Local Affairs to develop a comprehensive Childcare Facility Master Plan and Facility Management Plan for the Estes Valley. This planning effort responds to longstanding childcare capacity challenges that affect families, employers, workforce stability, and the broader economic vitality of the community. The purpose of the plan is to establish a sustainable, data informed framework for future childcare facility investment, site development, public private partnership opportunities, facility management, and long term operational viability. The Childcare Facility Master Plan is intended to help the Town move from reactive investment decisions toward a coordinated infrastructure strategy. The plan will identify current childcare needs, assess existing and potential facility sites, evaluate land use and zoning considerations, recommend policy and funding strategies, and define the Town’s potential role in supporting childcare facilities. The final plan will provide a practical roadmap for Board consideration, partner alignment, and future implementation. Initial findings indicate that childcare access in the Estes Valley is shaped by several interconnected conditions. Childcare supply is not evenly aligned with family needs across the valley, with services concentrated in certain areas while many families live elsewhere. A significant portion of care also occurs through informal or home based arrangements, reflecting family preferences, cultural considerations, and potential barriers to formal licensing or facility based care. Existing providers appear primarily focused on sustaining Attachment 1 current operations, with limited capacity to expand without additional facility, staffing, funding, or partnership support. These early findings suggest that future investments should be targeted, flexible, and responsive to the specific needs of Estes Valley families, particularly for infant and toddler care. The planning process also recognizes that facility development alone will not solve the community’s childcare challenges. Successful implementation will require alignment between land use policy, licensing requirements, facility feasibility, capital funding, operating sustainability, and community partnership. For this reason, the plan recommends that the Town focus on two primary policy directions at this stage. First, the Town should adopt a child care friendly land use and zoning framework that makes it easier to develop, expand, or adapt facilities for childcare use in appropriate locations. Second, the Town should establish a public private childcare infrastructure partnership strategy that defines the Town’s role, identifies partner commitments, evaluates funding sources, and supports a sustainable operating model. Priority facility investments will be further evaluated through the facilities and land use analysis. At this stage, the Town has identified an initial pipeline of priority sites for further review, including the Dry Gulch Property, Mountaintop, Fish Hatchery, Prospector Apartments, Vert CoWorking, and East Side Market. These sites will be assessed based on criteria such as location, ownership, development feasibility, square footage, infrastructure needs, zoning constraints, adaptive reuse potential, cost, timing, and alignment with family, provider, and employer needs. The goal is to identify which opportunities are most viable for near term action and which may require longer term partnership, funding, or site readiness work. Implementation is expected to occur in phases. In the short term, the Town should complete the facility inventory, site analysis, stakeholder engagement, zoning review, and funding strategy while advancing Board direction on the recommended policy framework. In the mid term, the Town should pursue priority site development or adaptive reuse opportunities, formalize public private partnerships, develop capital funding commitments, and establish management or leasing structures for any Town supported facilities. In the long term, the Town should continue monitoring childcare demand, facility performance, provider sustainability, and changing community needs to guide future investments and capital reinvestment. Estimated funding needs will be refined as site analysis, design feasibility, operating assumptions, and partnership models are developed. At a minimum, the financial strategy should account for predevelopment costs, capital construction or renovation costs, licensing and code compliance improvements, furniture, fixtures and equipment, outdoor play areas, startup costs, operating subsidies, facility maintenance, and long term capital reinvestment. Potential funding sources may include Town capital investment, state childcare infrastructure funds, federal grants, philanthropic contributions, employer participation, private investment, low cost financing, and in kind public assets such as land, infrastructure support, or fee reductions. This Master Plan will provide the Town Board with an actionable framework for decision making. By aligning facility investment with policy reform, public private partnership, funding strategy, and long term operations, Estes Park can take a more coordinated and sustainable approach to childcare infrastructure. The recommendations in this plan are intended to support near term Board action while preserving flexibility as additional data, stakeholder input, site feasibility findings, and funding opportunities are confirmed. 2. Introduction and Background 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. 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. 3. Planning Process and Methodology 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. 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. 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. 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. 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 and schedule, establish Estes Park working group February 2026 Collection and Assessment Review existing data, assess facility inventory, identify needs and gaps February 2026 Engagement engagement sessions 2026 Phase 4: Draft Planning Documents Management Plan April–Early May 2026 Refinement revisions May–June 2026 Deliverables and Presentation Final plans, Town Board presentation, and implementation toolkit July 2026 4. Existing Conditions and Needs Assessment DRAFT Landscape Estes Park Landscape Assessment.pptx 5. Community and Stakeholder Engagement Estes Park identified key stakeholders for engagement as part of the Child Care Facility Master Plan. The project team began outreach to introduce the initiative, share its purpose, and set expectations for engagement in the months ahead. The project includes a range of targeted engagement efforts to ensure broad and inclusive participation. These efforts will involve child care providers, employers, families, community partners, and local organizations, using a mix of one-on-one interviews, small group discussions, and community sessions. This variety of formats is intended to accommodate different schedules, roles, and levels of familiarity with the topic. To support inclusive engagement, the project team is partnering with local organizations, including the Early Childhood Council, to identify and connect with diverse voices across the community. Outreach strategies will be tailored to reach underrepresented groups and ensure participation opportunities are accessible and welcoming. Stakeholder input will play a critical role in shaping recommendations and ensuring the final plan reflects the needs and priorities of the Estes Park community. Below is a list of organizations that have been contacted and have confirmed interview dates. These organizations represent partner stakeholders, preschools and daycares, out-of-school time providers, home-based providers, and city agencies. Organization Interview Date NOCO Kids Thrive (former ECCLC) 5/20/26 Estes Park School District EVICS Family Resource Center Mountaintop Childcare 5/6/26 Park Place Preschool BKB Early Childhood YMCA Summer Day Camp Larimer County Boys and Girls Club Muddy Boots Country Kids Day Care Veronica Little Kid Montessori Maricruz Meredith Ishida Crossroads Ministry Estes Park Housing Authority (EPHA) Rec District/ Community Center (EVRPD) Key Findings To date, we have spoken with NOCO Kids Thrive. Key themes from our conversation with NOCO Kids Thrive are as follows: • Unique community dynamics: Estes Park is relatively insular, which affects engagement, partnerships, and how decisions are made. • Mismatch between supply and need: Child care is concentrated in the town center, while many families live elsewhere, creating access challenges. • Reliance on informal and home-based care: A significant portion of care happens outside licensed settings, influenced by cultural preferences and barriers to formalization. • Limited provider capacity for expansion: Existing providers are focused on sustaining operations, with little momentum for growth without additional support. • Need for targeted, flexible solutions: Given declining child population and varied family preferences, investments should prioritize adaptable models; especially for infant and toddler care. 6. Childcare Facilities and Site Analysis 6.1 Existing Facilities Inventory Here is the inventory of 17 potential sites including town owed properties, vacant land and privately or community owned spaces.Current Inventory List 6.2 Land Use and Zoning – In Progress – Deadline May 19th • Zoning restrictions • Permitted uses • Development barriers 6.3 Site Opportunities – In Progress – Deadline May 19th Potential development sites including: • Town-owned land • Public facilities • Private development opportunities 6.4 Adaptive Reuse Opportunities – In Progress – Deadline May 19th Potential buildings that could become childcare facilities. The RFP specifically requires: • facility inventory • zoning analysis • evaluation of development sites • adaptive reuse opportunities 7. Policy and Funding Strategy – In Progress – Deadline May 19th Strategic framework for supporting childcare infrastructure. 7.1 Policy Recommendations Potential policies: • zoning reforms • childcare incentives • development requirements • employer partnerships 7.1 Policy Recommendations At this stage of the Child Care Facility Master Plan, the Town of Estes Park should prioritize policy actions that directly reduce barriers to facility development, clarify the Town’s role, and create a board ready pathway for implementation. The recommendations below reflect the most applicable best practices for Estes based on the current planning process, including the need to validate facility gaps, identify priority sites and expansion strategies, develop a feasible capital and phasing strategy, and define a sustainable management model. The Town should prioritize early and ongoing coordination between planning, building, fire, child care licensing, and health inspection partners to reduce unnecessary costs, delays, and redesign during facility development. Creating a coordinated review process would allow providers, developers, and public partners to understand requirements at the beginning of a project, identify potential conflicts between codes or agency expectations, and resolve issues before significant design or construction dollars are spent. This alignment would support more predictable timelines, reduce duplicative review, and improve the feasibility of bringing new or expanded child care facilities online in Estes Park. Recommendation 1: Adopt a Child Care Friendly Land Use and Zoning Framework The Town should adopt targeted zoning and land use reforms that make child care easier to develop, expand, and operate in appropriate locations throughout Estes Park. Child care is essential community infrastructure and should be treated similarly to other civic, educational, workforce, and economic development uses. A child care friendly land use framework would help reduce uncertainty for providers, developers, employers, and public partners while allowing the Town to maintain appropriate health, safety, design, traffic, and neighborhood compatibility standards. As part of the Facility Master Plan, the Town should review its zoning code, development review procedures, parking requirements, outdoor play area standards, use permissions, and permitting processes to identify barriers that may unintentionally limit child care supply. The Town should consider allowing licensed child care centers by right or through an administrative review process in zones where schools, community facilities, religious institutions, civic uses, multifamily housing, mixed use development, and employment centers are already permitted. For smaller providers, including family child care homes, the Town should ensure local regulations do not create unnecessary barriers beyond state licensing requirements. This recommendation is especially applicable in Estes Park because the planning process is already focused on facilities, land use, Town owned property analysis, and potential mixed use development opportunities with employer partners. It also reflects local government best practices for clearing the path for additional child care development through actions such as streamlining processes, supporting zoning practices, identifying resources, and serving as a convener. A child care friendly zoning framework should include the following actions: 1. Identify child care as a priority community infrastructure use. The Town should formally recognize child care facilities as essential infrastructure that supports workforce stability, family economic security, early childhood development, and local economic vitality. 2. Expand permitted locations for child care. The Town should evaluate whether child care centers can be allowed in civic, institutional, commercial, mixed use, residential, and public facility contexts where impacts can be managed. 3. Streamline review and permitting. The Town should create a clear, predictable review pathway for child care projects, including early coordination among planning, building, fire, public health, licensing, and other required agencies. 4. Align local requirements with state licensing and facility feasibility. Local code requirements should be reviewed to ensure they protect safety and quality without creating duplicative or excessive requirements that make child care projects financially or physically infeasible. 5. Use the facilities and land use analysis to identify priority sites. The Town should apply a consistent site evaluation rubric to assess Town owned, publicly owned, nonprofit owned, and private development sites for child care suitability, including square footage, access, outdoor space, infrastructure, cost, timing, and alignment with family and employer needs. This policy action would give the Town Board a concrete and near term step to move forward while the Master Plan continues to refine specific site, capital, and operating recommendations. It also establishes the regulatory foundation needed for any future facility strategy, whether the final approach involves a Town owned facility, adaptive reuse, co location with housing or civic uses, a public private partnership, or expansion of an existing provider site. Recommendation 2: Establish a Public Private Child Care Infrastructure Partnership Strategy The Town should adopt a formal public private child care infrastructure partnership strategy to coordinate facility development, capital funding, employer participation, and long term operations. Given the scale and cost of child care facility development, it is unlikely that a sustainable solution will be achieved through a single funding source, single provider, or single public action. The Town is well positioned to serve as a convener, catalyst, and infrastructure partner while working with providers, employers, philanthropic partners, Larimer County partners, early childhood organizations, and potential development partners. This recommendation aligns strongly with the current Estes Park process. Workforce stability and economic vitality have been identified as central concerns, along with the importance of moving from reactive investments to a sustainable strategy. Local mixed use development with employer partners has also been identified as a potential opportunity. The current stakeholder engagement process includes child care providers, the school district, housing partners, the recreation district, the Chamber of Commerce, the Estes Park Economic Development and Workforce Council, philanthropic partners, and other community stakeholders. This existing stakeholder base creates a strong foundation for a structured partnership approach. Best practice guidance for child care facility development emphasizes the importance of identifying and solidifying partnerships early, including government, nonprofit, private sector, local employer, funder, contractor, and consultant partners. For Estes Park, this should be translated into a formal policy direction from the Town Board authorizing staff and project partners to develop a partnership and implementation framework. A public private child care infrastructure partnership strategy should include the following actions: 1. Define the Town’s role. The Town should determine whether it is prepared to serve as convener, land or facility contributor, grant applicant, capital partner, landlord, master lease holder, project sponsor, or long term governance participant. This does not require the Town to operate child care directly, but it does require clarity about what role the Town is willing to play. 2. Develop a partnership framework. The Town should identify the roles of providers, employers, public agencies, philanthropy, lenders, developers, and community organizations. This framework should distinguish between capital development roles, operating support roles, governance roles, and ongoing facility management responsibilities. 3. Build a capital stack for facility development. The Town should direct staff and partners to evaluate a blended capital strategy that may include local funds, state resources, federal funds, philanthropic contributions, employer contributions, tax credit tools, low cost financing, and in kind public assets such as land, infrastructure, or fee reductions. 4. Create an employer partnership pathway. Because child care is directly connected to workforce attraction and retention, the Town should engage major local employers in defining their potential participation. Employer roles may include capital contributions, reserved slots, operating support, employee benefit partnerships, land or facility participation, or participation in a shared governance structure. 5. Advance a financially sustainable operating model. Facility development should not proceed without a realistic operating model. The Town should require that any recommended facility concept include projected enrollment, age mix, staffing assumptions, tuition or subsidy assumptions, operating costs, revenue sources, management structure, and the level of ongoing public or private support required. 6. Document commitments before final project approval. Prior to committing to construction, acquisition, or major renovation, the Town should seek written commitments, term sheets, memoranda of understanding, or similar documentation from core partners. This will help the Board evaluate whether a proposed facility pathway is feasible, fundable, and operationally sustainable. This recommendation gives the Town Board a practical framework for moving from interest to implementation. It also reduces the risk that Estes Park advances a facility concept without the partnerships, capital stack, and operating model needed for long term success. Recommended Board Direction To move this work forward, the Town Board should consider directing staff and the project team to advance these two policy recommendations as the initial strategic framework for supporting child care infrastructure in Estes Park: 1. Prepare child care friendly zoning and development review recommendations for Board consideration, including potential code updates, administrative process improvements, and priority site criteria. 2. Develop a public private child care infrastructure partnership framework that identifies the Town’s potential role, priority partners, capital funding strategy, employer engagement pathway, and operating model requirements. Together, these recommendations position the Town to take action while preserving flexibility. The zoning and land use recommendation addresses the regulatory conditions necessary for any child care facility project to succeed. The partnership and financing recommendation addresses the governance, capital, and operational conditions necessary for a facility project to be sustainable. Both are consistent with the current scope of the Facility Master Plan and provide a clear basis for a Board vote to move the next phase of implementation forward. 7.2 Funding Opportunities - In Progress – Deadline May 19th Possible funding sources: • Town capital investment • State childcare infrastructure funds • Federal grants • philanthropy • private investment 7.3 Public–Private Partnership Models- In Progress – Deadline May 19th Possible structures for partnerships. The RFP requires recommendations on funding strategies and investments to expand childcare infrastructure. 8. Town Role in Childcare Facilities- In progress deadline May 19th Define how the Town participates. Possible roles: • Landowner • Facility developer • Facility owner • Lease partner • Financial partner 9. Management and Operations Plan- in progress deadline May 19th 9.1 Facility Ownership Models Examples: • Town owned / provider operated • nonprofit owned • public private partnership 9.2 Leasing Framework Potential leasing structure for providers. 9.3 Financial Model – In Progress – Deadline May 19th Include: • operating costs • capital reinvestment • subsidy mechanisms 9.4 Governance Structure- In Progress – Deadline May 19th Roles and responsibilities of: • Town • operators • partners The RFP requires a management and leasing plan for Town-owned childcare facilities. 10. Priority Projects and Facility Pipeline 10.1 Priority Facility Projects – See numbering on Facility Worksheet Below is a list of facilities prioritized by the Town of Estes Park. 10.2 Project Evaluation Criteria - 10.3 Development Pipeline - The RFP requires a pipeline for acquisition and development of childcare facilities. 11. Implementation Plan – In Progress Deadline May 19th Roadmap for action. 11.1 Implementation Timeline – In Progress Deadline May 19th Short-term (0–2 years) Mid-term (3–5 years) Long-term (5–10 years) 11.2 Responsible Parties - In Progress Deadline May 19th • Town • providers • partners • regional agencies 11.3 Monitoring and Evaluation - In Progress Deadline May 19th The plan must include actionable steps aligned with local planning initiatives. 12. Financial Strategy- In Progress Deadline May 19th High-level financial framework. Include: • capital costs • operating subsidies • funding sources • funding gaps 13. Conclusion 14. Appendices Reference materials. Possible appendices: • Stakeholder interview summaries • Survey results • Childcare provider inventory • GIS maps • Policy analysis • Financial models ESTES VALLEY CHILD CAREFACILITY MASTER PLAN Working Draft Framework 1.Executive Summary Contents: •Purpose of the child care facility master plan •Key findings •Major recommendations •Priority facility investments •Implementation timeline •Estimated funding needs The Town of Estes Park has been awarded a Child Care Planning Grant from the Colorado Department of Local Affairs to develop a comprehensive Child care Facility Master Plan and Facility Management Plan for the Estes Valley. This planning effort responds to longstanding child care capacity challenges that affect families, employers, workforce stability, and the broader economic vitality of the community. The purpose of the plan is to establish a sustainable, data informed framework for future child care facility investment, site development, public private partnership opportunities, facility management, and long term operational viability. The Child care Facility Master Plan is intended to help the Town move from reactive investment decisions toward a coordinated infrastructure strategy. The plan will identify current child care needs, assess existing and potential facility sites, evaluate land use and zoning considerations, recommend policy and funding strategies, and define the Town’s potential role in supporting child care facilities. The final plan will provide a practical roadmap for Board consideration, partner alignment, and future implementation. Initial findings indicate that child care access in the Estes Valley is shaped by several interconnected conditions. Child care supply is not evenly aligned with family needs across the valley, with services concentrated in certain areas while many families live elsewhere. A significant portion of care also occurs through informal or home based arrangements, reflecting family preferences, cultural considerations, and potential barriers to formal licensing or facility based care. Existing providers appear primarily Editor's Note: Updated plan provided by staff 2026-05-12. focused on sustaining current operations, with limited capacity to expand without additional facility, staffing, funding, or partnership support. These early findings suggest that future investments should be targeted, flexible, and responsive to the specific needs of Estes Valley families, particularly for infant and toddler care. The planning process also recognizes that facility development alone will not solve the community’s child care challenges. Successful implementation will require alignment between land use policy, licensing requirements, facility feasibility, capital funding, operating sustainability, and community partnership. For this reason, the plan recommends that the Town focus on two primary policy directions at this stage. First, the Town should adopt a child care friendly land use and zoning framework that makes it easier to develop, expand, or adapt facilities for child care use in appropriate locations. Second, the Town should establish a public private child care infrastructure partnership strategy that defines the Town’s role, identifies partner commitments, evaluates funding sources, and supports a sustainable operating model. Priority facility investments will be further evaluated through the facilities and land use analysis. At this stage, the Town has identified an initial pipeline of priority sites for further review, including but not excluded to the Dry Gulch Property, Mountaintop, Fish Hatchery, Prospector Apartments, Vert CoWorking, and East Side Market. These sites will be assessed based on criteria such as location, ownership, development feasibility, square footage, infrastructure needs, zoning constraints, adaptive reuse potential, cost, timing, and alignment with family, provider, and employer needs. The goal is to identify which opportunities are most viable for near term action and which may require longer term partnership, funding, or site readiness work. Implementation is expected to occur in phases. In the short term, the Town should complete the facility inventory, site analysis, stakeholder engagement, zoning review, and funding strategy while advancing Board direction on the recommended policy framework. In the mid term, the Town should pursue priority site development or adaptive reuse opportunities, formalize public private partnerships, develop capital funding commitments, and establish management or leasing structures for any Town supported facilities. In the long term, the Town should continue monitoring child care demand, facility performance, provider sustainability, and changing community needs to guide future investments and capital reinvestment. Estimated funding needs will be refined as site analysis, design feasibility, operating assumptions, and partnership models are developed. At a minimum, the financial strategy should account for predevelopment costs, capital construction or renovation costs, licensing and code compliance improvements, furniture, fixtures and equipment, outdoor play areas, startup costs, operating subsidies, facility maintenance, and long term capital reinvestment. Potential funding sources may include Town capital investment, state child care infrastructure funds, federal grants, philanthropic contributions, employer participation, private investment, low cost financing, and in kind public assets such as land, infrastructure support, or fee reductions. This Master Plan will provide the Town Board with an actionable framework for decision making. By aligning facility investment with policy reform, public private partnership, funding strategy, and long term operations, Estes Park can take a more coordinated and sustainable approach to child care infrastructure. The recommendations in this plan are intended to support near term Board action while preserving flexibility as additional data, stakeholder input, site feasibility findings, and funding opportunities are confirmed. 2. Introduction and Background EPIC was pleased to submit this proposal in partnership with the Town of Estes Park to support the development of a Child care Facility Master Plan and Facility Management Plan for the Estes Valley. EPIC brought 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 was grounded in its experience supporting communities facing workforce and child care access challenges in high-cost, high-demand environments similar to the Estes Valley. EPIC understood that effective child care facility planning needed to balance near- term capacity needs with long-term operational sustainability, regulatory compliance, and responsible public investment. This project represented an important opportunity to align child care infrastructure with economic vitality, workforce stability, and community resilience. These objectives were central to EPIC’s practice. EPIC was uniquely qualified to lead this effort due to its integrated approach to child care facility planning. The team combined expertise in community engagement, data-driven needs assessment, facility planning, and implementation strategy. EPIC was experienced in building upon prior studies and local knowledge while filling critical gaps through targeted analysis and stakeholder input. This ensured that planning recommendations were both context-sensitive and decision-ready. A distinguishing feature of EPIC’s approach was its 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 ensured that recommended sites and strategies were grounded in implementable solutions aligned with Colorado child care licensing requirements, building and fire codes, accessibility standards, and local land use regulations. EPIC also brought a strong understanding of public-sector governance, grant-funded project delivery, and DOLA best practices. The team was accustomed to working closely with municipal staff, boards, providers, employers, and regional partners to produce clear, well-documented deliverables that supported grant compliance, policy adoption, and capital planning. EPIC emphasized transparent communication, disciplined project management, and practical implementation tools that allowed communities to move confidently from planning to action. Through this engagement, EPIC was committed to delivering a high-quality, community- informed, and sustainable roadmap for child care facility investment and management in the Estes Valley. EPIC looked forward to partnering with the Town of Estes Park to support long-term child care access, workforce participation, and community well-being. The Town of Estes Park was awarded a Child Care Planning Grant from the Colorado Department of Local Affairs (DOLA) to support the development of a comprehensive Child care Facility Master Plan and Facility Management Plan for the Estes Valley. This initiative responded to longstanding and emerging child care capacity challenges that affected local families, employers, and workforce stability. The purpose of this project was to establish a sustainable, data-driven framework for the planning, operation, management, and long-term viability of child care facilities serving the Estes Valley. The resulting plans were intended to guide future public and private investment, inform strategic partnerships, and ensure that child care infrastructure was aligned with existing conditions and projected community needs. This work built upon prior assessments, community conversations, and regional planning efforts, while filling critical data and policy gaps. Consistent with DOLA best practices, the project emphasized coordinated facility planning, responsible capital investment, operational sustainability, and implementation readiness to support both near-term decision-making and long-term community resilience. 3. Planning Process and Methodology Assess Child Care Needs and Facility Capacity Review and synthesize existing assessments of child care 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. Community and Stakeholder Engagement Design and implement an inclusive, structured community and stakeholder engagement process that meaningfully incorporates the perspectives of families, child care providers, employers, and public partners. Engagement findings will be systematically documented and analyzed to directly inform child care 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. Develop a Data-Informed Child Care Facility Master Plan Prepare a Child care Facility Master Plan that establishes a clear roadmap for coordinated child care facility development. The plan will identify priority sites, expansion opportunities, phasing strategies, and investment recommendations to support sustainable and equitable growth of child care capacity across the Estes Valley. Establish a Sustainable Facility Management Framework Develop a Facility Management Plan for Town owned child care 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. Deliverables This project will produce the following deliverables: • Summary of Existing Conditions and Needs A concise synthesis of current child care 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 child care 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 child care 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 child care facilities. • Draft and Final Child Care 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 and schedule, establish Estes Park working group March 2026 Collection and Assessment Review existing data, assess facility inventory, identify needs and gaps April 2026 Engagement engagement sessions April-May 2026 Documents Management Plan April–Early May 2026 Refinement revisions May–June 2026 Phase 6: Final Deliverables and Presentation Final plans, Town Board presentation, and implementation toolkit July 2026 4. Existing Conditions and Needs Assessment Child care in Estes Valley is a critical piece of the community’s infrastructure; and today, it is not meeting the needs of families, employers, or the local economy. This landscape overview examines child care supply, demand, affordability, and access across Estes Valley. It provides a data-driven understanding of how well the current child care system meets the needs of local families, employers, and the broader community. The key questions explored through this landscape assessment were: 1. How does child care supply compare to demand across age groups in Estes Valley? 2. How affordable is care for families across income levels? 3. Where are the biggest gaps and opportunities to improve access to childcare? The findings point to a system with meaningful gaps, particularly for infants and toddlers, and highlight clear opportunities to better align child care investments with community needs. To see the current DRAFT Landscape click here: Estes Park Landscape Assessment.pptx . 5. Community and Stakeholder Engagement Estes Park identified key stakeholders for engagement as part of the Child Care Facility Master Plan. The project team began outreach to introduce the initiative, share its purpose, and set expectations for engagement in the months ahead. The project includes a range of targeted engagement efforts designed to ensure broad and inclusive participation. These efforts will primarily involve one-on-one interviews with child care providers, employers, families, community partners, and local organizations. These formats are intended to allow for more in-depth conversations, accommodate varying schedules, and reflect different roles and levels of familiarity with the topic. To support inclusive engagement, the project team is partnering with local organizations, including the Early Childhood Council, to identify and connect with diverse voices across the community. Outreach strategies will be tailored to reach underrepresented groups and ensure participation opportunities are accessible and welcoming. Stakeholder input will play a critical role in shaping recommendations and ensuring the final plan reflects the needs and priorities of the Estes Park community. Below is a list of organizations that have been contacted and have confirmed interview dates. These organizations represent partner stakeholders, preschools and daycares, out-of-school time providers, home-based providers, and city agencies. Organization Interview Date NOCO Kids Thrive (former ECCLC) Estes Park School District EVICS Family Resource Center Mountaintop Childcare Park Place Preschool BKB Early Childhood YMCA Summer Day Camp Larimer County Boys and Girls Club Muddy Boots Country Kids Day Care Veronica Little Kid Montessori Maricruz Meredith Ishida Crossroads Ministry Estes Park Housing Authority (EPHA) Rec District/ Community Center (EVRPD) Key Findings To date, we have spoken with NOCO Kids Thrive and Mountaintop Child Care. Several consistent themes are beginning to emerge across these conversations, while each organization also provided unique perspectives based on their role in the community. Key themes from our conversation with NOCO Kids Thrive included: • Unique community dynamics: Estes Park is relatively insular, which affects engagement, partnerships, and how decisions are made. • Mismatch between supply and need: Child care is concentrated in the town center, while many families live elsewhere, creating access challenges. • Reliance on informal and home-based care: A significant portion of care happens outside licensed settings, influenced by cultural preferences and barriers to formalization. • Limited provider capacity for expansion: Existing providers are focused on sustaining operations, with little momentum for growth without additional support. • Need for targeted, flexible solutions: Given declining child population and varied family preferences, investments should prioritize adaptable models; especially for infant and toddler care. • Existing facility opportunities require careful feasibility evaluation: Discussions with Town departments and community partners highlighted interest in repurposing existing community spaces for child care, while also identifying challenges related to licensing, fire code requirements, accessibility upgrades, and renovation costs. Key themes from our conversation with Mountaintop Child Care included: • Disconnect between projected demand and current enrollment reality: Existing providers report open capacity despite prior studies indicating significant unmet need. • Priority on stabilizing existing providers: Providers emphasized sustaining current operations before investing in new large-scale centers. • Infant and toddler care remains the clearest gap: While overall capacity exists, there is still demand for more flexible infant and toddler care options. • Flexible scheduling is important for families: Families often prefer part-time and adaptable care arrangements over traditional full-time models. • Heavy reliance on public funding and subsidies: Most families utilize UPK, CCCAP, or local subsidy programs, making provider sustainability closely tied to public investment. • Preference for smaller-scale, community-based expansion: Participants favored modest expansions and home-based care models over large new facilities. 6. Child care Facilities and Site Analysis 6.1 Existing Facilities Inventory Here is the inventory of 17 potential sites including town owed properties, vacant land and privately or community owned spaces. Current Inventory List The Facilities and Site Analysis considered several primary childcare development approaches within the Estes Valley context: 1. Expansion or renovation of existing childcare facilities 2. Adaptive reuse of existing community or institutional buildings 3. Re-establishment of previously operating childcare spaces 4. New construction and mixed-use development opportunities, including joint development with housing or community-serving uses Each approach presents different opportunities, costs, timelines, partnership requirements, and operational considerations that should be evaluated alongside community priorities and available funding resources. Neenan Case Studies 6.2 Land Use and Zoning – In Progress – Deadline May 19th • Zoning restrictions • Permitted uses • Development barriers 6.3 Site Opportunities – In Progress – Deadline May 19th Potential development sites including: • Town-owned land • Public facilities • Private development opportunities 6.4 Adaptive Reuse Opportunities – In Progress – Deadline May 19th Potential buildings that could become child care facilities. The RFP specifically requires: • facility inventory • zoning analysis • evaluation of development sites • adaptive reuse opportunities 6.5 Joint Development & Co-Location Opportunities – In Progress – Deadline May 19th Include: • mixed-use projects • affordable housing partnerships • employer-supported child care • public-private development partnerships • shared parking/infrastructure efficiencies In some cases, child care facilities may be more financially and operationally feasible when integrated into broader mixed-use or community-serving developments. Opportunities may include co-location with affordable housing, civic facilities, employer campuses, community centers, or mixed-use redevelopment projects. 6.6 Re-Establishment of Former Child Care Facilitites – In Progress – Deadline May 19th former child care spaces may already have: • layouts • outdoor space • circulation • licensing history but still may require: • code updates • fire/life safety improvements • accessibility upgrades • modernization 7. Policy and Funding Strategy – In Progress – Deadline May 19th Strategic framework for supporting child care infrastructure. 7.1 Policy Recommendations Potential policies: • zoning reforms • child care incentives • development requirements • employer partnerships 7.1 Policy Recommendations At this stage of the Child Care Facility Master Plan, the Town of Estes Park should prioritize policy actions that directly reduce barriers to facility development, clarify the Town’s role, and create a board ready pathway for implementation. The recommendations below reflect the most applicable best practices for Estes based on the current planning process, including the need to validate facility gaps, identify priority sites and expansion strategies, develop a feasible capital and phasing strategy, and define a sustainable management model. The Town should prioritize early and ongoing coordination between planning, building, fire, child care licensing, and health inspection partners to reduce unnecessary costs, delays, and redesign during facility development. Creating a coordinated review process would allow providers, developers, and public partners to understand requirements at the beginning of a project, identify potential conflicts between codes or agency expectations, and resolve issues before significant design or construction dollars are spent. This alignment would support more predictable timelines, reduce duplicative review, and improve the feasibility of bringing new or expanded child care facilities online in Estes Park. Recommendation 1: Adopt a Child Care Friendly Land Use and Zoning Framework The Town should adopt targeted zoning and land use reforms that make child care easier to develop, expand, and operate in appropriate locations throughout Estes Park. Child care is essential community infrastructure and should be treated similarly to other civic, educational, workforce, and economic development uses. A child care friendly land use framework would help reduce uncertainty for providers, developers, employers, and public partners while allowing the Town to maintain appropriate health, safety, design, traffic, and neighborhood compatibility standards. As part of the Facility Master Plan, the Town should review its zoning code, development review procedures, parking requirements, outdoor play area standards, use permissions, and permitting processes to identify barriers that may unintentionally limit child care supply. The Town should consider allowing licensed child care centers by right or through an administrative review process in zones where schools, community facilities, religious institutions, civic uses, multifamily housing, mixed use development, and employment centers are already permitted. For smaller providers, including family child care homes, the Town should ensure local regulations do not create unnecessary barriers beyond state licensing requirements. This recommendation is especially applicable in Estes Park because the planning process is already focused on facilities, land use, Town owned property analysis, and potential mixed use development opportunities with employer partners. It also reflects local government best practices for clearing the path for additional child care development through actions such as streamlining processes, supporting zoning practices, identifying resources, and serving as a convener. A child care friendly zoning framework should include the following actions: 1. Identify child care as a priority community infrastructure use. The Town should formally recognize child care facilities as essential infrastructure that supports workforce stability, family economic security, early childhood development, and local economic vitality. 2. Expand permitted locations for child care. The Town should evaluate whether child care centers can be allowed in civic, institutional, commercial, mixed use, residential, and public facility contexts where impacts can be managed. 3. Streamline review and permitting. The Town should create a clear, predictable review pathway for child care projects, including early coordination among planning, building, fire, public health, licensing, and other required agencies. 4. Align local requirements with state licensing and facility feasibility. Local code requirements should be reviewed to ensure they protect safety and quality without creating duplicative or excessive requirements that make child care projects financially or physically infeasible. 5. Use the facilities and land use analysis to identify priority sites. The Town should apply a consistent site evaluation rubric to assess Town owned, publicly owned, nonprofit owned, and private development sites for child care suitability, including square footage, access, outdoor space, infrastructure, cost, timing, and alignment with family and employer needs. This policy action would give the Town Board a concrete and near term step to move forward while the Master Plan continues to refine specific site, capital, and operating recommendations. It also establishes the regulatory foundation needed for any future facility strategy, whether the final approach involves a Town owned facility, adaptive reuse, co location with housing or civic uses, a public private partnership, or expansion of an existing provider site. Recommendation 2: Establish a Public Private Child Care Infrastructure Partnership Strategy The Town should adopt a formal public private child care infrastructure partnership strategy to coordinate facility development, capital funding, employer participation, and long term operations. Given the scale and cost of child care facility development, it is unlikely that a sustainable solution will be achieved through a single funding source, single provider, or single public action. The Town is well positioned to serve as a convener, catalyst, and infrastructure partner while working with providers, employers, philanthropic partners, Larimer County partners, early childhood organizations, and potential development partners. This recommendation aligns strongly with the current Estes Park process. Workforce stability and economic vitality have been identified as central concerns, along with the importance of moving from reactive investments to a sustainable strategy. Local mixed use development with employer partners has also been identified as a potential opportunity. The current stakeholder engagement process includes child care providers, the school district, housing partners, the recreation district, the Chamber of Commerce, the Estes Park Economic Development and Workforce Council, philanthropic partners, and other community stakeholders. This existing stakeholder base creates a strong foundation for a structured partnership approach. Best practice guidance for child care facility development emphasizes the importance of identifying and solidifying partnerships early, including government, nonprofit, private sector, local employer, funder, contractor, and consultant partners. For Estes Park, this should be translated into a formal policy direction from the Town Board authorizing staff and project partners to develop a partnership and implementation framework. A public private child care infrastructure partnership strategy should include the following actions: 1. Define the Town’s role. The Town should determine whether it is prepared to serve as convener, land or facility contributor, grant applicant, capital partner, landlord, master lease holder, project sponsor, or long term governance participant. This does not require the Town to operate child care directly, but it does require clarity about what role the Town is willing to play. 2. Develop a partnership framework. The Town should identify the roles of providers, employers, public agencies, philanthropy, lenders, developers, and community organizations. This framework should distinguish between capital development roles, operating support roles, governance roles, and ongoing facility management responsibilities. 3. Build a capital stack for facility development. The Town should direct staff and partners to evaluate a blended capital strategy that may include local funds, state resources, federal funds, philanthropic contributions, employer contributions, tax credit tools, low cost financing, and in kind public assets such as land, infrastructure, or fee reductions. 4. Create an employer partnership pathway. Because child care is directly connected to workforce attraction and retention, the Town should engage major local employers in defining their potential participation. Employer roles may include capital contributions, reserved slots, operating support, employee benefit partnerships, land or facility participation, or participation in a shared governance structure. 5. Advance a financially sustainable operating model. Facility development should not proceed without a realistic operating model. The Town should require that any recommended facility concept include projected enrollment, age mix, staffing assumptions, tuition or subsidy assumptions, operating costs, revenue sources, management structure, and the level of ongoing public or private support required. 6. Document commitments before final project approval. Prior to committing to construction, acquisition, or major renovation, the Town should seek written commitments, term sheets, memoranda of understanding, or similar documentation from core partners. This will help the Board evaluate whether a proposed facility pathway is feasible, fundable, and operationally sustainable. This recommendation gives the Town Board a practical framework for moving from interest to implementation. It also reduces the risk that Estes Park advances a facility concept without the partnerships, capital stack, and operating model needed for long term success. Recommended Board Direction To move this work forward, the Town Board should consider directing staff and the project team to advance these two policy recommendations as the initial strategic framework for supporting child care infrastructure in Estes Park: 1. Prepare child care friendly zoning and development review recommendations for Board consideration, including potential code updates, administrative process improvements, and priority site criteria. 2. Develop a public private child care infrastructure partnership framework that identifies the Town’s potential role, priority partners, capital funding strategy, employer engagement pathway, and operating model requirements. Together, these recommendations position the Town to take action while preserving flexibility. The zoning and land use recommendation addresses the regulatory conditions necessary for any child care facility project to succeed. The partnership and financing recommendation addresses the governance, capital, and operational conditions necessary for a facility project to be sustainable. Both are consistent with the current scope of the Facility Master Plan and provide a clear basis for a Board vote to move the next phase of implementation forward. 7.2 Funding Opportunities - In Progress – Deadline May 19th Possible funding sources: • Town capital investment • State child care infrastructure funds • Federal grants • philanthropy • private investment 7.3 Public–Private Partnership Models- In Progress – Deadline May 19th Possible structures for partnerships. The RFP requires recommendations on funding strategies and investments to expand child care infrastructure. 8. Town Role in Child Care Facilities- In progress deadline May 19th Define how the Town participates. Possible roles: • Landowner • Facility developer • Facility owner • Lease partner • Financial partner 9. Management and Operations Plan- in progress deadline May 19th 9.1 Facility Ownership Models Examples: • Town owned / provider operated • nonprofit owned • public private partnership 9.2 Leasing Framework Potential leasing structure for providers. 9.3 Financial Model – In Progress – Deadline May 19th Include: • operating costs • capital reinvestment • subsidy mechanisms 9.4 Governance Structure- In Progress – Deadline May 19th Roles and responsibilities of: • Town • operators • partners The RFP requires a management and leasing plan for Town-owned child care facilities. 10. Priority Projects and Facility Pipeline 10.1 Four development pathways Reference case studies once those are added Approach Benefits Challenges New Construction Adaptive Reuse delivery Re-Establishment of Former Child care Existing community familiarity Joint Development / Mixed Use 10.2 Project Evaluation Criteria - 10.3 Development Pipeline - The RFP requires a pipeline for acquisition and development of child care facilities. 11. Implementation Plan – In Progress Deadline May 19th Roadmap for action. 11.1 Implementation Timeline – In Progress Deadline May 19th Depending on the development pathway selected, implementation timelines may range from approximately X to Y years. Approach Typical Timeline Factors City-Owned Property Adaptive Reuse unknowns New Development JV/Mixed Use 11.2 Responsible Parties - In Progress Deadline May 19th • Town • providers • partners • regional agencies 11.3 Monitoring and Evaluation - In Progress Deadline May 19th The plan must include actionable steps aligned with local planning initiatives. 12. Financial Strategy- In Progress Deadline May 19th High-level financial framework. Include: • capital costs • operating subsidies • funding sources • funding gaps 13. Conclusion 14. Appendices Reference materials. Possible appendices: • Stakeholder interview summaries • Survey results • Child care provider inventory • GIS maps • Policy analysis • Financial models Draft Childcare Facility Master Plan and Recommended Best Practices Town Board Meeting May 12, 2026 CARLIE SPEEDLIN HOUSING AND CHILDCARE MANAGER Attachment 2 •Introduction •Why This Plan Matters •Planning Process & What We've Done So Far •What We're Learning •Draft Recommendations •Board Direction & Next Steps Agenda Objective HOUSING AND CHILDCARE Introduction to the Draft Childcare Facility Master Plan and recommend best practices for Town Board consideration. It is a requirement for the grant received from DOLA that this draft be reviewed by the Town Board this evening. What is a Childcare Facility Master Plan? •Comprehensive, data-informed roadmap for childcare facility development •Addresses childcare capacity, facility needs, and system gaps •Aligns land use, funding, partnerships, and operations •Supports both near-term action and long-term sustainability HOUSING AND CHILDCARE Present Situation HOUSING AND CHILDCARE Staff has prepared an overview of the project and a draft policy/program update for the Town Board’s review and feedback. As a condition of the DOLA grant, the Town must adopt at least one qualifying best practice approved by DOLA and/or aligned with HB24-1237 to advance local childcare capacity. HOUSING AND CHILDCARE Current Efforts & Alignment •Annual 6E Plan and Facility Expansion Priority •Development Code re-write •Community Stakeholder Efforts and Coordination 2026 Objective The development of a Childcare Facility Master Plan for the Estes Valley demonstrating the expansion of additional childcare facilities to ensure adequate space and resources to meet the current and future demand for quality early childhood care. Continue to collect and save funds year-to-year to remain flexible and reactive to opportunities as they arise. HOUSING AND CHILDCARE Proposal Consider the information and DOLA best practices presented in the draft Childcare Facility Master Plan. •Introduction •Why This Plan Matters •Planning Process & What We've Done So Far •What We're Learning •Draft Recommendations •Board Direction & Next Steps Agenda 9 Why This Plan Matters Community Well-being Families struggle to find accessible, reliable care Impacts household stability and quality of life Workforce & Economy Child care access directly impacts workforce participation Limits on care affect local businesses and economic stability System Gaps & Constraints Heavy reliance on informal and home based care Limited provider capacity to expand Implementation Reality Facility development along will not solve the issue Requires alignment across policy, funding, and partnerships Child care is essential community infrastructure. Indicators of Success Alignment across Town leadership Clear understanding of constraints & tradeoffs Feasible capital and phasing strategy Sustainable management model Board-ready, action oriented plan •Introduction •Why This Plan Matters •Planning Process & What We've Done So Far •What We're Learning •Draft Recommendations •Board Direction & Next Steps Agenda 11 Planning Process & What We’ve Done So Far What We’ve Completed/In Progress Existing Conditions Review Collected and analyzed data on child care supply, demand and existing facilities Stakeholder Engagement Conducted targeted interviews with providers, partners, employers and community leaders Facility Inventory & Feasibility Analysis Reviewed potential sites and facility opportunities, including new construction and adaptive reuse Policy, Funding & Management Strategy Evaluating land use, regulatory, funding and partnership strategies to support facilities Draft Recommendations Beginning to shape strategic recommendations and implementation framework Planning Timeline Mar-Apr Apr-May May June Assessment Data review, facility inventory, and needs assessment Engagement Stakeholder interviews and outreach Draft Recommendations Develop draft findings, strategies and site recommendations Final Plan Finalize plan and present to Town Board (June 9) Stakeholder Engagement is Ongoing We will continue gathering input through May as the draft plan is refined Funding, Timeline & Management is in Final Stages We will continue gathering input through May as the draft plan is refined Planning Grant Timeline to be Extended DOLA will provide through March 2027 for adoption and implementation •Introduction •Why This Plan Matters •Planning Process & What We've Done So Far •What We're Learning •Draft Recommendations •Board Direction & Next Steps Agenda 13 Child Care Challenges & Solutions: What Communities Need to Thrive Affordability Workforce & Economic Impact Access •Providers are concentrated in central Estes Park, while areas with the most young children have fewer nearby options •Severe shortages of infant and toddler care •Limited participation in CCCAP restricts access for subsidized families •Child care costs are ~10–11% of median household income •~30% of families earn under $75K, making care especially difficult to afford •Families report cost as a primary barrier to accessing care •The Town expanded tuition assistance to include middle-income working families, making households up to ~100–110% AMI eligible for support Local funds (6E) have also been used to backfill gaps from the state CCAP freeze (2024), ensuring continued access for families who would otherwise qualify •High workforce participation among parents increases demand for care •Child care shortages contribute to reduced workforce participation and productivity •Estimated $110M+ annual economic impact in Larimer County Taxpayers ~$13.6M Reduced tax revenue & increased public costs 14 Child Care Challenges Cost Larimer County Over $110 Million Annually Source: Ready Nation Council for a Strong American “Want to Grow Colorado’s Economy? Fix the Child Care Crisis”; EPIC Analysis ~ $110.8 million lost annually in Larimer County Families ~$60.4 M Lost earnings & reduced workforce participation Employers ~$34.3 M Lost productivity & workforce disruptions 15 More Workers Commute Into Larimer County & Estes Park Than Leave Source: U.S. Census Bureau, Center for Economic Studies, LEHD, OnTheMap Application; Northern Colorado Live outside, work in Larimer County Live in Larimer County work outside 96,245 live and work in Larimer County 71,20065,307 Live outside, work in Estes park 2,664 Live in Estes Park, work outside 1,4871,391 live and work in Estes Park Larimer County Town of Estes Park Major Employers in Larimer County: •University of CO Health: 5,740 •Hewlett Packard: 1,490 •Banner Health: 1,340 •Avago Technologies: 1,300 •Woodward: 1,230 Major Employers in Town of Estes Park: •Tourism & Hospitality (The Standly Hotel) •Government & Public Sector (Rocky Mountain National Park, Town of Estes Park) •Service & Retail 16 Estes Valley Workforce Is Concentrated in Industries with full time, in person workforces 8% 8% 8% 8% 11% 15% 15% 16% 5% 6% 10% 7% 10% 25% Other Services Finance & Real Estes Manufacturing Construction Retail trade Professional & Admin Tourism & Hospitality Education & Health Percent of the Civilian Employed Population 16 Years and Over Employed in Each Industry Larimer County Estes Valley Estes Valley has a higher concentration of tourism & hospitality related jobs (15% vs. 10% in Larimer County) → Highest concentrations over many industries show greater reliance on evening, weekend, and seasonal work 17 Fewer Young Children, More Older Adults in Estes Park Source: U.S. Census Bureau, 2020 Decennial Census; Town of Estes Park, 2025 1,773 1,679 462 427 2010 2020 Child Population Changes, 2010 to 2020: Estes Park School District Children under 18 Children under 5 -8% -0.4% -10% -10% 16% Percent Change in Population by Age Group in the Estes Park School District, 2010 to 2020 55 years and older 18 to 54 years 13 to 17 years Under 5 years 5 to 12 years(-8%) (-5%) Under 5 saw the steepest decline Only the 55+ population grew (+16%); all other age groups declined Enrollment has declined ~18% (~200 students) since COVID, confirming continued population decline 18 Child Care Facility Opportunities for Expansion and Diversification Total Number of Young Children, Estes Park Facility Locations and Child Care Providers Source: U.S. Census Bureau 2024 5-Year Estimates American Community Survey table S0101; Colorado Child Care Facilities Report as of February 2026 Three of the child care providers are family child care home providers. Their locations are approximate Largest concentration of young children;trends suggest willing commutes for some Most providers are clustered in central Estes Park, while the largest concentration of young children is in southern areas with limited access. Several potential facility locations are closer to areas with higher concentrations of young children, suggesting opportunities to better align child care supply with family needs and expand largest gap areas Child Care Provider 19 Estes Park Faces Severe Infant and Toddler Child Care Shortages 789 1,762 7,115 4,749 4,699 6,708 Infant (0 - 18 months)Toddlers (18-26 months)Preschoolers (36-72 months) Larimer County Population and Access to Licensed Child Care by Age Group 5 15 154 19 21 44 Infant (0 - 18 months)Toddlers (18-26 months)Preschoolers (36-72 months) Town of Estes Park Estimated capacity as a % of population 26%73%351%37%106%17% Sources: Colorado Child Care Facilities Report as of February 2026; Colorado Demography Office; American Community Survey 5-year Estimates Table S0101; CDEC Annual Licensed Capacity Maps Data Note: Estimates based on U.S. Census ACS 5-year population for Estes Park and age distribution from the Colorado State Demography Office for Larimer County. Family child care home capacity is estimated by allocating a portion of home slots to each age group. Homes are assumed to contribute approximately 25% of infant and toddler capacity and 50% of preschool capacity, reflecting typical enrollment patterns in mixed-age home settings. 20 Facility Opportunity Analysis Dry Gulch New Development Opportunity Mountaintop Remodel + Expansion Opportunity Presbyterian Church Re-development Type: New Development Ownership: Town-owned Potential Capacity: Large-scale capacity Site Area: 4.08 acres Key Considerations: Significant grading and infrastructure needs; longer implementation timeline Opportunity: Purpose built facility with highest long term capacity potential Type: Remodel + Expansion Ownership: Town-owned Potential Capacity: Medium-scale expansion Site Area: 0.87 acres Key Considerations: ADA and building upgrades needed expansion limits due to site layout Opportunity: Existing child care use; more implementation opportunity Type: Re-development Ownership: Private redevelopment Potential Capacity: Limited/Moderate Site Area: 8.33 acres Key Considerations: Significant code and egress limitations higher redevelopment complexity Opportunity: Existing large building and ample parking availability Evaluation Factors Licensing feasibility Accessibility Site circulation & parking Playground access Operational sustainability Construction complexity Long-term scalability 21 Conceptual Facility Feasibility Examples Note: These concepts are preliminary feasibility studies intended to evaluate opportunities and constraints, not final development proposals. Dry Gulch New Development Opportunity •Largest long-term capacity potential •New purpose-built facility •Significant grading/infrastructure considerations •Potential for phased expansion Mountaintop Expansion Opportunity •Existing childcare use •Moderate expansion potential •More immediate implementation opportunity •ADA and modernization upgrades needed Presbyterian Church Re-Development •Existing large building footprint •Strong parking availability •Significant code and egress limitations •Higher redevelopment complexity •Introduction •Why This Plan Matters •Planning Process & What We've Done So Far •What We're Learning •Draft Recommendations •Board Direction & Next Steps Agenda 23 Draft Strategic Recommendations Recommendation 2 Establish a Public Private Child Care Infrastructure Partnership Strategy Clarify Town role Define how the Town can lead, partner and support Align funding partners Leverage local, state, federal, private and philanthropic resources Engage employers and regional organizations Build shared investment to support workforce and families Develop sustainable operational models Ensure long-term financial and operational viability Recommendation 1 Adopt a Child Care Friendly Land Use and Zoning Framework Reduce unnecessary barriers Simplify processes that impact child care facility development Streamline review pathways Coordinate planning, building and licensing reviews Align zoning and facility feasibility Support child care uses in appropriate locations Support childcare in appropriate locations Create flexibility that helps providers expand and thrive •Introduction •Why This Plan Matters •Planning Process & What We've Done So Far •What We're Learning •Draft Recommendations •Board Direction & Next Steps Agenda 25 Board Direction & Next Steps Staff Recommendation: Accept the first draft of the Child Care Facility Master Plan for submission to DOLA per grant requirements. Next Steps Continue Stakeholder Engagement Continue gathering input from providers, employers, partners and families throughout May Finalize Site Feasibility Analysis Finalize site feasibility, facilities, analysis, and refine operating and financial models Refine Funding and Operating Models Identify funding opportunities and develop sustainable operating models for future facilities Present Final Recommendations in June Deliver the final Child Care Facility master Plan to the Board on June 8 Thank You! Questions? Feedback? EPIC: Alethea@epicimpact.org Project Management: joe.zanone@zanonepm.com Town of Estes: cbangs@estes.org Stay Up to Date on Related Efforts! EPIC News � 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.